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Home My WebLink About02-12-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 12, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKW AY, ORONO, MEVNESOTA 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 ?.vailable in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL * 1. CONSENT AGENDA , P _ APPROVAL OF MLNinrES ♦ 2. Reszular Meeting of January 22, 1996 0 ^OFORONO PARK COALMISSION COMMENTS PLANNING COMMISSION COMMENTS - Elizabeth Hawn Representative PUBLIC CO.MME.NTS - (Limit 5 Minutes Per Person) ZONING AD.MINTSTRATOR’S REPORT 1 3. 1^2064 Geffre/Olson. 4665 Bayside Road - Subdivision of a Lot Line Rearrangement - Re.solution i’ 4. /fZOSS Stephen Gardiner, 3770 Bayside P-ad - Vacation of Unimproved Alley - Resolution fi!5. ff2095 Stephen M. Eiiglund. 2855 Cheitv Avenue - Renewal Variance - Resolution ,.^6. ^'2096 Diane & Kevin Holmes/Orchard Park Farm. Inc., 555/585 Stubbs Bay Road Nonh - Subdivision of a Lot Line Rearrangement - Resolution 7. ^2097 Patricia Guttormson. 3315 Crystal Bay Road - Variance - Re.solution 8. ^2099 Loren Brueggemann/Dean Maeser, 372 Westlake Street - Subdivision of a Lot Line Rearrangement - Replat with Variances 9. //2KX) Roben & Debra Edmunds. 1030 Tonkawa Road - Variance/Conditional U.se Permit - Resolution .;'I0. /i^2101 Jeff Bowen, Charles Ilommeyer and Ken Rolland, 4119, 4125, & 4127 Oak Street - Preliminary Subdivision of a Lot Line Rearrangement and Vacation of Unimproved Public Roads - Resolution 11. #2102 Howard and Elizabeth McMillan, 1275 Lyman Avenue - Conditional Use Permit/Variance - Resolution 12. Proposed Zoning Code Amendment - Oversize Accessory Structures (Section 10.03 Subd. 9C) MAYOR/COUNCIL REPORT ENGINEER REPORT CITY MSTRATOR S REPORT 13. Did .Award - Equipment and Materials Bid 1996 •4 14. Seasonal Road Weight Limits - Resolution 15. 1995 Refunding Bonds - Amended Resolution 16. Amendments to 1996 Tax Levy Resolution and Debt service Budget Resolution 17. Replacement of Fishing Pier Docks IS. Establish Public Hearing Date for Allocation of CDBG Funds 1^19. Seasonal Golt Staff Pay Scheduie 20. Public Worlis Vehicle Replacement AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 12. 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT Continued 21. Insurance Bid Award 22. Participation in Lake-Wide Goose Control Grant Application CITY ATTORNEY’S REPORT (*23.) UCENSES (*24.) BILLS UPCOMING ISSLTS AND EVENTS 02/12 02/13 02/19 02/20 02/26 02/27 03/04 03/05 03/11 03/12 03/18 03/25 Council meeting 7:00 p.m. Orono School Board Holiday - President’s Day Planning Commission meeting 7:00 p.m. Council meeting 7:00 p.m. School Board meeting 7:00 p.m. Park Commission meeting 7:15 p.m. Precinct Caucus Day - No Public Meetings after 6:00 p.m Council meeting 7:00 p.m. School Board Planning Commission meeting 7:00 p.m. Council meeting 7:00 p.m. Ul Public A ttendance Meeting D ate V /o/. / ^ 9' (s> C ouncil Planning C ommission Park C ommission Other Please fill out the information REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1. ^ ^ S~ (t ^ f\j{ 2. (?LttL| (*JvCt±tLiiVA^^ <Vl<i 3.<fr \?A 'Av.^-1 <-v \Va ^ ; V mx V v-V:t\ \)^r uA\.i\ ■r \4. fi^ Lcf/f.^70 ^ ^ * I C* M Li 5 6 » ^ X/---- -;i----------------------- G'-iif.-r—. ‘f ntf--------------------------------------!-------------------------------- j. iU •'L- 7. 8. 9. 10. 11. 12. 13. 15. 091395.4 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 22.1996 1 2 ]99g ROLL The Council met on the above date with the following memhers present- Mayor Fdward J Callahan, Jr., Gabriel Jabbour, J. Diann Goetten, and JoEllen Hurr. Charles KeUey was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, and Recorder Sherry trost. Mayor Callahan called the meeting to order at 7:00 p.m. (*#1) CONSENT AGENDA Item #3 was added to the Consent Agenda. Hurt movei. Goetten seconded, to approve the Consent Agenda as amended. Vote. Ayes 4, Nays 0. APPROVAL OF MINUTES (*#2) REGULAR MEETING OF JANUARY 8,1996 Hurr moved. Goetten seconded, to approve the Minutes of the Regular City Council Meeting of January 8, 1996. Vote; Ayes 4, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Use had no comments at this time. PLANNING COMMISSION COMMENTS I here was no representativ e of the Planning Commission present. PUBLIC COMMENTS George Johnson, 879 N. Brown Road, commented that he was applying for sewer. He said he has met with his neighbors and asked about the timeline for sewering Jabbour said the MUSA amendment would be decided by the Met Council in the next 3-4 months. Johnson asked if there was any way he could be of assistance noting his ability to contact legislators. Goetten told him to stay tuned and noted the need for the amendment proposal to move forward before any contact with legislators. IV MINUTES OF THE REGULAR ORONO CITY COUNCIL , MEETING HELD ON JANUARY 22,1996 •4 ^ i ______________________________________________________________________________________________________________ (Pi^lic^qpMiynts - Continued) Callahan asked if the Johnson property was included in the amendment proposal. Moorse said the Johnson property would fit within one of the 50 "undesi^iated" units adjacent to sewer. Staff has met with the Met Council staff. ZONING ADMINISTRATOR’S REPORT (M3) #2094 RODNEY A. CRAWFORD, 4705 NORTH SHORE DRIVE - VACA nON - RESOLUTION #3667 Hurr moved, Goetten seconded, to approve Resolution #3667 for vacation. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan noted the concerns e.xpressed in the past regarding the building of an ice arena, and the need for a change in th ordinance. The Planning Commission was to review the ordinance, but the review was expanded by Staff to include review of a wider range of uses, greenhouses, clubs, tennis clubs, YMCA, gun clubs, boat clubs, etc. Callahan asked It the Council should direct the Start and Planning Commission to only review the ice arena use. Goetten remarked that she was of the opinion that the particular use for the ice arena would be reviewed. Hurr said she felt it would be wise for the Staff to anticipate regulation in regards to the Veterans Camp. Hurr said she has not read the information given to the Planning Commission and would need to do so. Goetten said it was unknown what would be done at Big Island. Callahan opined that the c*conomics of time would keep the discussion to the ice arena only. Jabbour said the ice arena has an immediate need with plans to begin construction in spring. Although the Board of Education will not sign the lease for the arena without 90% of the funding, the Boosters are very organized and have already raised 1 .3 million. The lack of financial information on the Boosters was noted. Mabusth said information regarding finances would be in the Planning Commission minutes from their meeting of January 16. MINUTES OF THE REGITAR ORONO CITY COUNCIL MEETING HELP ON JANUARY 22, 1996 (Mayor/Council Report - Continued) Callahan reiterated that the Planning Commission should review the ice arena use now and review the other uses at a later time. Mabusth aereed on the need to expedite the matter. Callahan also noted that the arena would probably not be built without sewering of the property. Another issue for discussion according to Callahan was access for Lowry Woods. This property was given to the City under conservancy and has been in planning by the Park Commission. Callahan inquired if there was any public access to the property. Mabusth said access was granted for City vehicles only through the subdivision. It had been completely landlocked prior to gaining that approval. The Park Commission had been under the impression that public parking would be allowed but has found that there are no options available for this to occur. Moorse questioned whether the property was landlocked to pedestrian use also. The deed under which the property was given was said to need review to determine this. Mabusth said Lowry Woods has been considered an open space park area and had told Susan Wilson to ask Council for further direction if a more intense or change in use is proposed. Callahan asked Mabusth to hnd out it the City had any nghts tor public access. Hurr questioned whether access was desirable. Sherokce Use said the Park Commission had been under the impression that the property would be usable by the public. She said Wilson had looked into several options including the purchase of a triangle of land to gain access to the property. The owner of the land in question was not interested. The Park Commission would like to use the land as a natural area to walk and hike in. It was questioned whether a utility easement could be used to gain access. The other option the Park Commission was looking into was the possibility of using the private road for access Use said if the land was landlocked, then it would be for use bv the neighbors onlv. She noted that this was a possible reason whv the land was donated, which was never discussed by the Commission. Hurr noted the receipt of the land as a gift was a good idea but questioned the use of the land. Use said it was to walk on and enioy. Hurr conunented that the residents have the Luce Line to do that. Callahan asked Use to have the Park Commission advise the Council on what they wish to do about the donated land. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 22,1996 (Mayor/Council Report - Continued) Jabbour asked if the City asked to gain access when the subdivision was done. Mabusth said it is her understanding the Citv asked for an easement for access and utility purposes, not for the general public. Jabbour asked about the original request. Mabusth said the access easement was not to include parking. There is no other easement beyond the standard easement over the private road. Callahan noted the Park Commission’s request for the Council to address the access issue. Use said the Park Commission sees the problem as being in the Council's court as to how access can be gained. Goetten inquired of the si2e of the parcel. Use said Lowry Woods was 14 acres. Callahan said more information would need to be gained. He noted the cost tor a pedestrian easement should be low. Both Callahan and Jabbour said they do not favor a parking easemem. Use asked if parking could be done on CoRd 84 Mabusth said she was not aware of any restrictions. Jabbour noted the need to look at the conditions of the gift to see what can be done. Hurr said alot of these gifts are restricted to open space only. Goetten informed the Council of new regulations being set by the Department of Health and Human Services regarding the sale of tobacco to minors. She brought up the subject to avail the Council of information for future assessment. Jabbour informed the Council of the reciuest by Steve Fames for a resolution from Orono in support of creating a auiet water zone in front of his property. Jabbour said he did not believe in doing this as it puts pressure on other areas. He noted that high water is becoming the rule and not the e.xception. He said this is his view as well as that of others. Jabbour said Fames called Hun after not being satisfied \vith what Jabbour had to say on the subiect. Hurr remarked that she has the packet of information but is not sympathetic with Fames' request. Hurr commented that Fames is asking for support because he does not want to rip-rap his shoreline. Hurr inquired if Fames had requested support from the City. Mabusth said he has not contacted the City ENGINEER REPORT There was no Engineer’s report. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 22,1996 I m OTY ADMINISTRATOR’S REPORT (#4) TAX FORFEIT PROPERTY RELEASE TO ADJACENT OWNERS - RESOLUTION #3668 WITHHOLD FROM AUCTION Moorse reported that the City has indicated it is not interested in obtaining the three tax forfeit properties listed in the m^mo but did ask the County to hold off from offering two of the properties for sale to the public until certains issues were resolved The City asked the Countv to correct the classification on the third prooertv so the parcel would not need to go tax forfeit. Jabbour said he was in support of the gas station being brought to a suitable condition. Mabusth noted that the County has funds available for this to be accomplished. Hurr moved, Goetten seconded, to adopt the Resolution #3668 reflecting Staffs recommendation regarding the parcel with P.I.D. 03-117-23 24 0004; and to authorize Staff to submit a letter to the County recommending parcels 10-117-23 42 0022 and 33- 118-23 43 0016 be withheld from auction for up to one year. Callahan asked if the County was aware of the one property being residential. Mabusth indicated Staff has made that very clear. Vote: Ayes 4, Nays 0. (#5) HIGHWAY 12 MORATORIUM - ORDINANCE AMENDMENT #144, 2ND SERIES Callahan reported that the amendment was to allow the Highway 12 corridor development moratorium to be extended. Callahan said the committee membership is Callahan, Gcettcn, and Kelley of the Council and Peterson, Lindquist, and Smith of the Planning Commission. Callahan asked that a meeting be scheduled for Monday, .>anuarv 29, 8:00 a m. Goetten asked if it was possible to have an update or: the information. Moorse said he would get the information to her. Callahan moved, Jabbour seconded, to adopt Ordinance No. 144, Second Series, extending the Highway 12 Corridor Moratorium to July 22, 1996. Vote: Ayes 4, Nays 0. minutes of the regular orono city council MEETING HELD ON JANUARY 22, 1996 (#6) SALE OF SURPLUS PROPERTY - POLICE SQUAD CARS Moorsc reported that the request was for approval to sell two police squad cars, both with over 100.000 miles, that were reolaced with new cars. Hurr asked if the cars would be sold at auction. Moorse said the City does not use the regular County auction but has it's own bid process, which has enabled the City to get better prices. Callahan moved, Hurr seconded, to approve the sale of the two police squad vehicles to the hishest bidder as oer City ordinance. Vote: Aves 4, Navs 0. (^7) REPLACEMENT OF FISHING PIER DOCKS Moorse informed the Council that Staff would like to replace the existing docks with roll- in docks. He noted that the current 8' section docks take alot of time to put in and take out of the water and also to maintain. Jabbour asked if the roll-in docks would sit on the shore or be stored off-season. Moorse said thev would be stored but no location was designated at this time. Hurr said she was concerned with docks sitting out on shore and being stolen. Hurr said she could not give her support until more information was gained. Jabbour agreed with Hurr. Callahan said the cost of the docks should come from the Park Commission fund. Goetten said the Commissioners should be informed of that decision. Callahan moved, Hurr seconded, to table approval for purchase of roll-in docks until me re information could be obtained. Vote: Aves 4, Navs 0. Goetten asked what the life of the new docks would be. Moorse said he had no figure on it. but with the lieht use. felt it would be a Iona life time. Jabbour said the treated lumber docks had a 10 year life. Jabbour said he would not want any docks to be left on the shore and wanted to be informed on how the docks would be transported. CITY ATTORNEY'S REPORT Attorney Barrett requested an Executive Session. • * MB^UTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 22,1996 (•#8) LICENSES Hurr moved, Goetten seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Special Event Permit: James Bruce Homes Spring Preview 565 Leaf Street I'araae ot Homes Marcny-.i4, tyyo Cigarette License:John A Down^Steven M. Corl Wavzata Countrv Club Navarre Liauors Inc. 200 Wayzata Boulevard 3421 Shoreline Drive Jimmie G. Holtz Richard W. Bloomquist Jimmie's Lounge Rick's Super Valu 3380 Shoreline Drive 3333 Shoreline Drive LeRoy Koehnen Bill Wear Navarre Amoco Orono Self Service 3360 Shoreline Drive 2160 Wayzata Boulevard Don Scherven John O’Sullivan Navarre Lanes O'Sullivans 3435 Shoreline Drive 2420 Shadywood Road (*#9) BILLS Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting to Executive Session at 7:38 p.m. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk \ III 4 ◄!w um 2 |5 li rfR SI IS: iV. i I H REQUEST FOR COUNCIL ACTION DATE: •2 ITEM NO.: Department Approval: Name Michael P. Gafiron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2064 Irvin T. Geffre/Robert S. Olson, 4665/46XX Bayside Road - Subdivision of a Lot Line Rer»'Tingement - Oversize Accessory Structure Variance - Vacation of Draina^.' and Utility Easement - Resolutions Zoning District: RR-IB, Single Family Rural Resuential, 2 Acre Application: A. B. Revise lot boundary between Geffre homestead and Olson outlot to give Geffre more acreage including existing oversized bam Vacate existing D & U easements, grant new D & U easements along new lot boundarv' List of Exhibits A - Subdivision/OAS Variance Approval Resolution B - Easement Vacation Resolution C - Survey D - Notice of Planning Commission Action 9/28/95 E - Planning Commission Minutes 9/18/95 F - Oversize Accessory Stmeture Covenant G - Utility Company Confirmations H - Memo and Exhibits of 9/8/95 Subdivision Proposal Please recall that Mr. Olson in early 1995 split off his existing house from his remaining acreage, leaving approximately 14 acres in a large outlot for future development. That outlot contains a 2,450 s.f. pole bam in the northwest comer near Mr. Geffre’s homestead parcel. With the proposed subdivision, Geffre will acquire a 10a -\ 148.5 portion ot Olsons outlot that includes the bam. as well as Outlot A of the fomier subdivision. Geffre’s total holdings then increase to 2.56 acres, making his homestead parcel conforming to the 2 acre standards of the RR-IB zone. Per Exhibit G-1 of the September 8 memo, tlie proposed lot line rearrangement has no negative impact on the possibilities for a future road to ser\c Olson’s acreage if it is divided in the future. Request for Council Action continued Page 2 Februai9''l^, r996 Zoning File # 2064 Irvin T. Geffre/Robert S. Olson, 4665/46XX Bayside Road Oversized Accessoiy Structure Variance Upon completion of the lot line rearrangement, Geffre's 2.56 acres would contain four accessory buildings (detached garage, small shed, Quonset building, and the bam in question) totaling 4,182 s.f. His total acreage would only support 2,400 s.f. of accessory buildings per the zoning code standards, and only one oversized accessory structure no more than 1,200 s.f. in area. Mr. Geffre has agreed to remove the 1,014 s.f. Quonset hut located just north of the bam, which reduces the degree of variance necessary, leaving him 768 s.f. o\er the accessory stmeture footage limit for the size of his property. Planning Commission at their September meeting concluded that because the bam is an e\i?ting oversized structure in relatively good condition, a variance to the oversized accessory structure ordinance was reasonable, subject to two conditions: 1. 2. Removal of the Quonset building within 60 days of final subdivision approval (The attached resolution sets a deadline of June 1, 1996). The proposed new lot boundary must be moved further south to result in a minimum 50’ setback from the south boundary for the shed (this has been done). Easement Vacation There is a drainage and utility easement 5’ either side of the old lot boundar>' which will no longer be needed, and is not in use by any utilities or for any public purpose at this time. The applicants have agreed to rededicate new drainage and utility easements along the new shared lot line in exchange for vacating the old easements. All utility companies have been notified and have given their OK for this easement vacation. Future Development Tlie proposal docs nisl include the conversion of Olson's Outlot C to buildable lot static. That would have to be a tuture application and, depending on whether or not Outlot C was intended to be further subdivided to create additional lots or just used as a single lot, would involve the need for building of a driveway or road in Outlets B. C and D as well as the payment of park fees. Planning Commission Recommendation Planning Commission recommended on a vote of 6-0 to approve the subdivision and OAS variance subject to the conditions previously noted, and approval of the casement vacation subject to rededication. w Request for Council Action continued Page 3 February 7, 1996 Zoning File # 2064 Irvin T. Geffre/Robert S. Olson, 4665/46XX Bayside Road ___________ Staff Recommendation Noting that the application results in making Geffre's currently substandard 1.94 acre lot into a conforming 2.56 acre lot, staff would recommend approval of the subdivision and vacation/rededication of easements. Further, given that the oversize pole bam is an existing stmcture, its attachment to a parcel containing an existing residence seems appropriate. Mr. Geffre has executed an Oversized Accessory Structure Covenant that would allow the continuation of that structure subject to the normal conditions. Staff recommends approval of the necessary variances for this structure. Options for Action 1. Approve tbe subdivision, oversize structure variance and vacation subject to the attached resolutions. 2. Deny (state specific reasons). 3. Table for further information (specify). 4.Other. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolutions. PROPOSED MOTION; Moved by____. seconded by____. to adopt Resolution No ____ granting a subdivision of a lot line rearrangement and oversize accessory structure variance for Irvin T. Getfre and Robert S. Olson at 4665/46XX Bayside Road, and further adopt Resolution ____ vacating a portion of drainage and utility easements within Outlot C, Bayview Farms Second Addition. Vote: ____ayes,_____navs. Isv A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 4665 AND 46XX BAYSIDE ROAD FILE NO. 2064 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City' Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City'; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Irvin T. Gefire and Robert S. Olson (hereinafter "the subdividers") of properties legalh described as follows; Lot 1, Block 2 and Outlots A, B, C and D, Bay view Farms Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation ol the common boundary between said Lot 1 and Outlot C, and WHEREAS, tlie subdividers have granted new drainage and utility easements along the new lot line, allowing a portion of the existing and no longer needed drainage and utility easements to be vacated; and WHEREAS, the applicants have executed the appropriate Oversize Accessory Structure Covenant to allow an existing 40'x60 ’ shed to remain within the property boundaries of Parcel A (as described on the Certificate of S ey dated May 22, 1995, revised November 8, 1995) encompassing 2.56 acres, where a 6.01 acre minimum lot size would normally be required for new construction of a shed ot this size; and Page 1 of 3 WHEREAS, the subdividers have revised the original proposal to yield a 50' rear setback from the new southerly property boundary of Parcel A to the existing shed; and WHEREAS, the owner of Lot 1, Block 2 has agreed to remove the existing 48'x21’ cjuonset hut on said lot, thereby decreasing the footprint of all accessor}' structures on Parcel A to 3,168 s.f. which would normally require a lot area of 3.51 acres; and WHEREAS, because the oversized accessory structure is an existing structure it is appropriate to grant variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow the shed to remain. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Irvin T. Geffre and Robert S. Olson as shown on the Certificate of Survey by Raymond A. Prasch, a registered land surveyor of Lot Survey Company, Inc., dated May 22, 1995, revised November 8. 1995 and attached to this resolution, and grants a variance to Section 10.03, Subdivision 9 to allow the continuation of the existing oversized accessory structure on the property, subject to the followinu conditions; 1. 2. J. 4. 5. Applicants shall complete conveyance of the "residual" parcel from one owner to the other in a manner acceptable to the City Attorney. Applicants shall provide a title opinion of both parcels confirming ownership and encumbrances. Upon City Council approval of this subdivision, the respective owners must legally combine for tax purposes all of the existing and newly created parcels by intended ownership per the proposed legal descriptions labeled Parcel A and Parcel B in the above noted survey. Applicants shall remove the 48'x21' quonset building from Parcel A no later than June 1, 1996. Tlie aforesaid division shown on tlie attached Certificate of Surv ’ey shall be filed by the City of Orono with Hennepin County Recorder's Office on or before August 12, 1996 together with a certified original copy of this resolution. Page 2 of 3 6.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 12th day February, 1996. ATTEST: Dorothy M. Hah.n, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996 bv Edward J. Callahan. Jr. 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 Cit>'. Notaiy Public Page 3 of 3 ?warw^ A RESOLUTION VACATING AN UNUSED PORTION OF DEDICATED DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT C AND LOT BLOCK 2, BAYVIEW FARMS SECOND ADDITION, SECTION 6, TOWNSHIP 117 NORTH RANGE 23 WEST, IN THE CITY OF ORONO, MINNESOTA FILE NO. 2064 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on August 24, 1995. Robert S. Olson and Irvin T. Geffre filed a petition with the City of Orono requesting the vacation of a portion of drainage and utility easements originally dedicated within the plat of Bayview Farms Second Addition, legally described as follows: That portion of the 10.00 foot wide drainage and utility easements centered on the adjoining lot line between Lot 1, Bio A 2 and Outlot C, Bayview Farms Second Addition, Hennepin County, Minnesota de. 'ribed as follows: Beuinning at the southwest comer of said Lot 1; thence North 89 degrees 45 minutes 00 seconds east a distance of 148.50 feet; thence south 00 degrees 36 minutes 38 seconds east a distance of 35.00 feet and there terminating. E.xcept the west 10.00 feet of said Lot 1 and the west 10.00 feet of said Outlot C; and WHEREAS, after due published and posted notice, a public hearing was held before the Orono Planning Cor:.nission on September 18, 1995 regarding said vacation and all persons interested were given an opportunity to be heard, and WHEREAS, alter due standing and consideration, the Planning Commission recommended approval of the requested vacation and the Council of the City of Orono finds that said vacation, as proposed, is in keeping with the public interest in consideration of the followimi findings: Page 1 of 3 1. The vacation does not affect access to or use of any adjoining property. 2.The City has not and does not intend to develop, improve or use the portion of dedicated drainage and utility easement described above. 3.The portion of dedicated drainage and utility easement as it e.xists serves no public purpose. 4.The portion of dedicated drainage and utility easement, as a result of a lot line rearrangement will no longer coincide with the boundary between the properties at 4665 and 46XX Bayside Road. 5. All public utilities rvith a potential interest in said drainage and utility easements have indicated they do not oppose the vacation. NOW, THEREFORE BE IT RESOLVED, that the petition of Robert S. Olson and Ir\ in T. Geffre is hereby granted and that the portion of dedicated drainage and utility easements legally described above is hereby vacated. The granting of the petition is subject to the following condition: 1.Prior to filing of this vacation approval resolution with Hennepin County, the property owners shall grant to the City a new drainage and utility easement 5' either side of the revised mutual property boundary. .Adopted by the City Council of Orono, Minnesota at a regular meeting held Februaiy 12, 1996. ATTEST: Dorothy M. Hallin. City Clerk Edward J. Callahan. Jr., Mayor Pace 2 of 3 W J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996 by Edward J. Callahan, Jr. 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 3 p CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2064 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 28, 1995 TO: Robert S. Olson 125 Chevy Chase Drive Wayzata, MN 55391 COPIES: Irvin T. Geffre 4665 Bayside Road Maple Plain, MN 55359 TYPE OF APPLICATION: Subdivision (Lot Line Rearrangement) VOTE: 6 FOR 0 AGAINSTDATE OF MEETING: 09/18/95 Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: y 1. New lot line shall be moved 20 ’ south to yield a 50 ’ rear setback for the existing shed. / 2. Provide written confirmation from utility companies that they do not object to vacation of " existing-drainage and utility easements as proposed; or provide written confirmation that utilities using the existing easement will be relocated; or provide confirmation that said existing utility easement should not be vacated. / 3 Regardless of the outcome of Item 2. applicants shall dedicate a drainage and utility easement 5 ’ either side of the new lot line; applicants ’ surveyor to provide legal description for new easement. / 4. Geffre shall execute the standard Oversize Accessory Structure Covenant to be filed in the Chain of Title of his property. Geffre shall remove the existing Quonset building within 60 days of final Council approval. 6. Planning Commission recommends approval of the variance for individual and combined oversize accessory strucmre footprints for the remaining buildings. Your subdivision of a lol line rearrangement will be presented for final approval by Council upon receipt of the following; A. Provide a title opinion of both parcels confirming ownership and encumbrances. •%/ Notice of Planning Commission Action September 28,1995 Page 2 J B- J C. @ D. Provide three copies of a Certificate of Survey per the survey by Raymond A. Prasch of Lot Surveys Company, Inc. dated May 22,1995, with the revision of the south lot line as noted in Item 1 under No ys and Special Conditions above. On the survey, provide signature linesdRSTaU^i^rty^ow^^ interest in the subject properties (spouses, signature lines must be signedVlhe Mayor, City Clerk, and date of final apprbvaL,_^ Provide two copies of survey at a scale of 1" = 2(X)* for City records. The property owners must complete the appropriate combination forms at City offices upon final approval of the subdivision, per the legal descriptions for "Parcel A" and "Parcel B" noted on said survey. J E. Submit copies of signed drainage and utility easements (City will provide document format, your surveyor must provide legal descriptions). / F. Submit copy of signed and notarized Oversize Accessory Structure Covenant document (Geffre). All final submittals must be submitted to this office ten days before the meeting at which Council will grant final subdivision approval. The Council meets on the second and fourth Mondays of the month. Regular meetings are rescheduled if they conflict with a national holiday. Applicant’s next scheduled meeting is dependent upon receipt of the information noted above. Deadline for the October 23 meeting is October 13 (or November 3 for the November 13 Council meeting). 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. Ir /'J ^ . . / ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 18,1995 ROLL The Orono Planning Commission met on the above date wth the foUa^^^g members present: Chair Stephen Peterson, Charles Schroeder. Sandra Smith^Dale Lindquist, Candace Rowlette, and Elizabeth Hawn. Janice Berg was absent. The ^olljjwing represented the City Staff: Assistant Planning and Zoning Adn^strator Michad G^o , Septic Inspector Steve Weckman. and Recorder Sherry Frost. CouncUmember Goette was present. Chair Peterson called the meeting to order at 7:00 p.m. #2064 ROBERT S. OLSON & IRVIN T. GEFFRE, 4665 BAYSIDE ROAD - A LOT LLNE REARRANGEMENT/VACATION OF DRAINAGE AND UTILITY EASExMENTS 7:02-7:18 P.M. The Certificate of Mailing and .^ffidasit of Publication were noted. Gafiron reported that the application is a request for a lot line rearrangement between Lot 1 Block 2, owTied by GefFre and Outlot C, owned by Olson. This property was platted last year with an outlot for the 14 acre rear parcel. The outlot was created for future development. No septic testing has been done nor any park dedication tee taken. As part of the original proposal. Olson agreed to sell GefGre the portion of Outlet C with tlie shed on it. and outlot A. At the current time, Geffre has a 1.94 acre lot, and the portion of Outlot C would add 55 acres. Outlot A consists o( .21 acre, yielding a tota o 2.56 acres in a 2-acre zoning district and would, therefore, conform m area, he remaining Olson property will total 14.2 acres. The proposal would require a setback variance for the shed, which is over the 1000 s.f. standard and is, therefore, considered an oversize accessory structure subject to mu^um lot area and setback requirements. The proposed setback is 30'. wtere 50 is required from the new south (rear) lot line. It presently exists at 12 ’ from the northerly lot line. It will meet the required 30* east/west side setbacks. The oversize accessory struemre requires two standard variances; one for its size of 2450 s.f where 1200 s.f is allowed, and needinu a lot size of 6 acre minimum. The aUowed tootpnm of ^1 accessory structure,s on the property is 2400 s.f Existing on the property is a detached garage a small shed a quonset, and the oversize accessory structure. These structures total 418- s f reuuirina a vanance of 17S2 s.f The size of lot required to accomodate this much accessory smicrure is a 5 acre minim.um. Gafffon asked the Planmng Commissioners to consider recommending a reduction in the number of accessory buildings to reduce the number of variances. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#1 - #2064 Robert Olson/lrvin Geffi'e - Continued) The proposed lot line does not preclude the use of the Outlot corridor tor a future roadway. To meet code and not impact future development, an option is to come down the west side of the properties requiring a 50' corridor, which will not be limited by the ot line rearrangement. The City is requesting vacation of the utility and drainage easement^ Minnegasco has no interest in this being done. NSP, thru a verbal communication, as e that the electrical lines not be vacated. This would need to be confirmed. New dedication of drainage and utility easements is proposed to be required along the new lot boundary. Recarding the oversize accessory structure square footage variances, Gaflfron asked the Commissioners if GeflBre should be required to remove the smaller shed or quonset to minimize the amount of accessory structures. It was noted that both applicants were present at the meeting. Lindquist asked what the uses were for the quonset and other shed. The quonset, which would be on the new lot, is used for storage. The applicant would consider removing this structure. The other shed is used for garden tools. The applicant requested maintaining this small shed. The quonset is 1014 s.f, and its removal would reduce the variance to 768 s.f Peterson commented that Outlot C at 14 acres was large enough to consider moving proposed rear lot line further south into Outlot C. The applicant responded that it would not be a problem to change the lot line 20’ more to the south. When questioned by Peterson whether the lot line change would affect the future road, Gaflron said it would not affect the future road. Gaffron noted that as part of variance approval, the City should require the standard oversize accessory structure covenant stipulating that Geflfre's lot size cannot be decreased by a future division without requiring the removal of the oversize accessory structure. Rowlette asked that a date for the quonset removal be noted in the resolution. There were no public comments. Peterson noted that there would be no impact on any neighbors. Schroeder moved, Lindquist seconded, to recommend approval of Application #2064 with the removal of the quonset 60 days from the final date of approval, an additional 20' be added to the south end of the lot, a covenant placed on the property requiring the removal of the oversize accessory structure if the lot is made smaller, and new drainage and utility easement be granted. Vacation of the e.xistmg easement will be approved subjea to confirmation of the interest of NSP. .Ayes 6, Nays 0. r F CITY OF ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVENANT, made and entered into this day of ^ 19__, by Irvin T. Geffre and Marjorie L. Geffre, husband and wife. (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for a subdivision which will enclose within their property an accessory structure on property in Hennepin County, State of Minnesota, legally described as: Outlot A, Lot 1, Block 2 and the North 123.00 feet of the west 148.50 feet of Outlot C. All in Bayview Farms 2nd Addition, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, City staff have reviewed Applicants' application and have found that the structure requested is defined within Section 10.03, Subdivision 9 (C) of the Orono Municipal Code as an Oversized Accessory Structure ("OAS"); and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS, and WHEREAS, Section 10.03, Subdivision 9 (C)(3)(c) allows issuance of a permit for construction and continued use and maintenance of the subject OAS conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1 Applicants' request for one (1) Oversized Accessory Structure ("OAS") on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the existence of the OAS; Page 1 of 3 3. 4. No future subdivision of the Subject Property will be approved that places the OAS within a lot that has no principal structure. Should Applicants wish to subdivide the Subject Property, the OAS may remain without a principal structure for a period to be determined by the Orono City Council. If no principal structure is fully constructed and completed on the property by the end of the determined period, the OAS must be removed. Should Applicants subdivide the Subject Property, the OAS and the principal structure shall be located within the same lot, which meets the minimum lot area requirement based upon the size of the accessory building, which lot area requirement is detailed in Section 10.03, Subdivision 9 (C)(2) of the Orono Municipal Code. Setback requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. This Covenant shall be binding upon current and future owners of Subject Propeny, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. CITY OF ORONO: By:______________________________ Its Mayor By; Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___, 19___, by___________________________ the day of __and and of the City of Orono on behalf of the municipal corporation. Notary Public Page 2 of 3 I ACKNOWLEDGEMENT (FEE OWNERS) ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ____________, 19 -d? . by Irvin T. GeflFre and Maijorie L. Geffre, husband and wife, as their free act and deed. • r COUMV JRlt.TO Notary Public Page 3 of 3 ™ TfUiAX ill CABLEVISION (i-l 1504 2nd St. S.E., P.O. Box 110. Waseca. MN 56093 Robert Olson 5010 Hillsboro Avenue Minneapolis, MN 55428 507/835-5975 FAX 507-835-4567 Dear Mr. Olson, Please be advised that Triax Cablevision has no facilities within the area in question at 4665 Bayside Road in Orono. Thank You Z', ^ Tom Winder Regional Plant Manager •5125351484 iIiLSQN 'lOllFWfi’955 P02 . » • <» • *. y Jt^< 31 *96 13:21 crrY OF orono 27£0 KeUey FarKira^ P.a Box 66 f'rvstal 5-«^^3 Phone &3-7i57 Fax 473-0510 notice i>4 ThMc hcarina tb® Council Chambers at 27S0 KeLisy Tne Planning Co mmissioa wiH bold ^ macter of Application «C064 a Paric^^'av on Monday. September lo. i^ ‘ fgiiowing described properr/ o^men by proposed subdivision of a lot line rearOT= Robert S. Olson: Lot 1, Block. 2 and Oudois A, B, Ir/in T. Geffrc of 4665 Baysiae Henneuin County, Mirmesoca: and for a vacauon C and D. Bayvie ’.v Farms Secon- .--c * ^'‘'ements centered on the adjoiaiag ioc line of that potTion of the lO' wide dramage^^ Addition, described as foiiows: ber^^een Lot 1. Block 2 and Oudot C. Eayv.c.v raim ^HrV .«f«idLocl thence north. 39*45*00" east a ^ S«gi=ci=? ac is souihwst -g. jg- j disuncs 35.00 f=t: and disuxes of 143.50 feat, ttence south 00 st> if. j there terhunaong.P • i VilW^w — u-.rJrr-,. wrirTen coiiicients iTC solicucd. Plans rn n.. h—d will 3CDC2T St OiiS tucc. »v nticn coiti-i ar^ri^ea for renew. Oy appo.ttneut. (P/- GTE MINNESOTA has no facilities within the above described area and has no objection to its vacation. Thank you for this notification. / Roger C. Anderson EngIneer-OSP GTE MINNESOTA I c=j-3 rrrY OF ORONO 2750 EeLy P^rkwa^P-O:«« Fa”470-0510 Phone (612)-^>J-' —' VOTICE • IV h^nnno in Che Council Chambers at 27S0 Keiiey me Planning Commission wul hold a puo h ^ ^. AppUcauon ^ Paric^vav on Monday. Sepcemcer foUowing °^r 3 orooosed mbdivisicn of a loc line , 3 Olson: Lot 1, Blocit 2 and Oudots A. 3, ir/in T Geffre of -^660 Bayside Roan ana R ‘ ^ County. Minnesota: ana for a vacauon ^ C n :=,wic..v F-arms Second Acaition. on me adjoinmg lot line ofiiiat ioaion of x= iO’ 5='-==d Acdiacn. described aa touows: bcr.v=or. LbC 1. 3Ioc« 5 aca Cudoc C. 3ay 'A T nt 1 iencs n.ori3. ^ 3ogid=i=S_at :-6- :-3- east i aisudct 35.00 fe:; a::d liismnce ot 1-o.ou fC— i-—* fff'niinacinz. . • .:^a. Written comments arc solicitea. Plans • 1.vrr rn hc re'''d ’.viU aooear at tnis ti—Ail serscns -.visi^r ^ c -view bv anucmnnenc. are avaiiabie m me Cir/ otrices mr /ic -v. . - A ft » • »\ •- - ’ ■^-/S'-9 Minnegasco has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. Steven Von Bargen'" ^ ■/ Real Estate Specialist Minnegasco ■ ‘f--- . . Wright-Hennepin Cooperative Eectric Association RO Bok 330 • RocMotd • MN 563734330 President Alvin E. Heinz Rogers.MN Vice President Chris A. Lantto Annandale.MN Secretary-Treasurer E.S. Knickerbocker Annandale.MN Directors Byron C. Gus^fson Buffalo,MN Howard L. Ellis Buffalo.MN Dale F. Jans Buffalo.MN Thomas Mach Maple Grove,MN Sandra Hunz Maple Plain.MN Donald Lucas Maple Grove. MN General Manager David R Larson Buffalo.MN November 9,1995 Mr. Robert S. Olson Olson General Contractors, Inc. 5010 Hillsboro Ave. Minneapolis, MN 55428 Dear Mr. Olson: Wright-Hennepin Cooperative Electric Association has no facilities within the attached described area, and has no objection to its vacation. I apologize for the delayed response. Sincerely, Laun L. Aiken Field Engineer LLA/mjr Attachment Mo*ro 477-3000 • ToH Free 1-800-943-2667 • Maole Lake 963-3131 • 24-Hour Fax f612) 477-3054 To: From: Date: Subject: ^ / Chair Steve 'eterson and Orono Planning Commission Members Ron M(X)rse, City Administrator Michael F. Gaffron, Assistant Planning & Zoning Administrator September 8, 1995 #2064 Robert S. Olson/Irvin T. Geffre, "4655"/4665 Bayside Road - Subdivision of a Lot Line Rearrangement - Public Hearing Zoning District: RR-IB, Single Family Rural Residential, Two Acre Application: Lot line rearrangement between Geffre homestead property and Outlot B, Bayview Farms 2nd Addition. The rearrangement also involves vacation and dedication of drainage and utility easements, and combination of various parcels within the plat of Bayview Farms 2nd Addition. The proposal does not include the conversion of Outlot C to buildable lot status. List of Exhibits A - Application B - Plat Map C - Property Owners’ List D - Notification of Utility Companies E - Survey F - Resolution No. 3492 and Attachments G - Staff Sketch of Fumre Road Configuration Options Pertinent Facts 1.Proposed Combinations A. Geffre B. Lot 1, Block 2, Bayview Farms 2nd (Geffre Homestead) 1.94 ac +. 103’ X 148.5’ Parcel with 40’ x 60 ’ shed (Part of Outlot C) 0.35 Ac i Outlot A. Bayview Farms 2nd 0.27 Ac + 2.56 Ac +. Olson Outlot B, Bayview Farms 2nd (Future road)0.32 Ac ± Outlot D, Bayview Farms 2iid (Future road)0.07 Ac ± Part of Outlot C 13.79 Ac + 14.18 Ac + Zoning File #2064 September 8, 1995 Page 2 2. Shed Setback Variance [Section 10.03, Subd. 9 C (3a)] (Note that per Resolution #3492. Condition 9, Page 5, this 2,450 s.f. shed at the northwest comer of Outlot C is to be removed by November 14, 1995 unless Outlot C is further subdivided. Geffre proposes to incorporate the shed into his homestead per his prior agreement with Olson). • Existing setback from northerly lot line: 12’ ± • Proposed setback from new south lot line; 30 ^ • Required setback from new south (rear) lot line: 50’ (20’ variance) • Side setbacks: Existing Proposed Required East 41 ’ ± 41 ’ +. 30 ’ West 67 ’ ± 67 ’ ± 30 ’ Shed Oversize Accessory Structure Variance [Section 10.03, Subd. 9 C (2)] A (Any accessory structure in excess of 1,000 s.f. is considered as an Oversize Accessory Structure (OAS) subject to minimum lot area requirements). 3. 4. Proposed lot area with OAS; Allowed size of individual OAS: Existing size of individual OS; Variance: Size of lot required for 2,450 s.f. OAS per Code; B. Allowed footprint of all accessory structures propert)': Existing (proposed) square footage^ of all accessory structures; Detached garage 10 ’ X 16 ’ shed 4!<.3 ’ X 21’ quonset tJAS shed Variance: Size of lot required to accommodate 4,182 s.f. of total accessory structures per code: 2.56 Ac 1,200 s.f. 2.450 s.f. 1,250 s.f. 6.01 Ac Min 2,400 s.f. 558 s.f. 160 s.f. 1,014 s.f. 2.450 s.f. 4,182 s.f. 1,782 s.f. — r 5.01 Ac Min The proposed lot line rearrangement does not preclude future use of the roadway corridor for a confomiing road as shown in Exhibit G. Zoning File #2064 September 3, 1995 Page 3 Discussion Plannin g Commission may recall that last fall, Robert Olson split off a 3 acre parcel with his residence in order to sell it, leaving a 14 acre Outlot C plus Outlots B and D as a future road corridor. This left the 0.27 acre Outlot A for fumre combination with the neighboring Irv Geffrc property. The City required that Geffre be involved in that plat due to the need for use of portioi^ of his property for future road right-of-way. Olson, in exchange for Geffre s participation in the plat agreed to deed Outlot A to Geffre and additionally deed to him additional land with the 40’ X 60’ shed, in the event that Outlot B is used for road right-of-way. Although that road use has not yet occurred, Geffre and Olson wish to proceed with the additions to Geffre’s property. Shed Setback Variance The proposed new lot line 30’ south of the shed may have been located to riot totally preclude the future use of an identified potential drainfield site south, of the shed, which mig t serve a ftiture residence on Outlot C. Because the shed is an oversized accessory structure and the line south of it is technically the rear line of the Geffre property, a 50 setback would normally be required for this building. A 30 setback is proposed. OAS Individual/Combined Footprint Variance In addition to the rear setback variance, variances are required for the size of this individual oversize structure, as well as the square footage of all accessory structures on the Dropertv With Geffre acquiring the large shed, it may be reasonable to ask for removal of the quonset as well as the 10’ x 16’ shed, which would significantly reduce the degree of variance for square footage of all accessory structures. The variance for the 40’ x 60’ shed may be iustified by the fact that it already exists, that it was built prior to any requirement for an OAb covenant (and no covenant was required with the previous subdivision), and that the structure will now be on a property that has a principal structure. Future Road Development Finallv, note that it is inconsequential at this time whether Olson combines Outlots B, C and D since Outlot C will have to be replatted in the future to make it buildable. However, a continuing condition will be that Outlots B. C and D must remain in common ownership until Outlot C is platted to create one or more building sites. In the event that Outlot C is platted without the need for Outlots B and D as road, then it will be easier to combine them with adjacent properties if they have not been legally combined with Outlot C. Staff has *)een contacted^by^numerous potential buyers of the 14 acre parcel as well as the Fred and David White propeny to the immediate west. Staff continues to recommend to all potential developers that the Olson and White properties be dealt with comprehensively when a future development occurs. Zoning FUe .5^2064 September 8, 1995 Page 4 Drainag e and Utility Easement Vacation Staff has included in this review the vacation of existing drainage and utility easements between the 2,450 s.f. shed and the lot lines to the north and east of it. This vacation would be appropriate in conjunction with granting of new drauiage and utility easenr.ents 5 either side of the new lot lines to the east and south of that building. Staff is unaware of any current use of the existing easement by any utilities, and the utilities have been legally notified of the request for easement vacation. None have commented as of this writing. Applicants should advise staff if they are aware of any utilities using the current easement. Issues for Consideration 1. Will Planning Commission accept the 30 ’ rear setback for the oversize accessory structure as presented? 2. Should Geffre be requested/required to remove the quonset and/or the 10’ x 16’ shed to minimize the degree of variance required? 3. Other issues of concern to Planning Commission? Options for Action Approve lot line rearrangement and Geffre combinations as proposed, granting variances for the OAS setback, individual OAS footprint and combined OAS footprints as proposed, requiring dedication of new easement in exchange for the vacation. Same as above, except require Geffre to remove quonset and/or small shed. As in <5^1 or #2 above, except require additional setback to the rear of large shed. A combination of the above. 1. 3. 4. 5. 6. T iJO '11^ \J ^ 'OTable, uivine applicant direction how to proceed. j/?'* \ ^ ^ pP I ^ o 0^' Other. Staff Recommendation Staff recommends approval of the lot line rearrangement and easement vacation subject to dedication of new easements as described earlier. Any recommendation for approval should include hardships and justification for those variances which Planning Commission chooses to grant in regards to the accessory' buildings on the property. \o I CITY OF ORONO - SUBDIVISION APPLI PROPER! Y LOCATION Site rddress applican Name q/^ Address . —------ City /^)4y^-4-73: Phone (home) hone (work) OWNE aDolicant)nt) rr- Gr- <0'V'r-g-Phone (home) j^22-,2£Z1 City ^ rattach lisjf if more than one)(attach lis existing land use Number of Tax Parcels Development Size Present use (check) Present Zoning District K Acres Di Land Acres Wei Acres all parcels Reside-wjflr tSJ Other (spec <• ) OO IUU PROPOSAL r-T -rv r-r wa » • u.: •-•Mt-MU* ^ Vi A«*V uT f * , P Division for Tax Purposes . iJ502Oi>t-0L. ^ Rearrangement Only (no new bu.ldlmg sites) ^ Subdivision for New BuUdmg Sues fOiJ Number oTBuilding Sites --------------New ulits^^ 300. OC JOO.C-. s343W) L~01 3Q1 Jl}- • • •r y Proposed Gross Density f,Minimum Lot Size Proposed Use (check) Total Units Units per ____Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ MINIMUM MATERIAL REQUIRED FOR CO^IPLETE PRELIMINARY APPUCATION 1. Payment of fees (refer to •application fees* listed below. 2. Completed application form. 1: of“ A-603 Govt. Center 348-3271). ---------:-u —.;«-j ..<-.1.:-A-603 Govt. Center 348-3271). ii« of anv other persons you wish notified of this application.3. As an addendum to this application, please attach a separate list Of any otncr p ______________________________. yoiling Official’s Signature ■ ---------------- ' # MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees u *> cimaH r'i»rrifirnfB of SuTvcv ot mvlat copics of formal plat. appicoble). 1. t'aymeni or iccs v.rei« lu ——....... 2. Signed Certificate of Survey or mylar copics of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature Date TotalsI. APPLICATION FEES (Zoning Administrator to check PQ those which apply) A. Application Base Fees: Sketch Plan Review (Class 1. II & HD S.iOO.00 Subdivision of a Lot Line Rearrangement S300.00 _____ _____ Subdivision Application (Class I * ^ aU non-residential) ---------- Preliminary Subdivision Application S325.00 + h.5.uu/ioi tuiais _______ Final Plat Application (Class III) Sl'/S.OO ' Legal Review and Filing: _______ * Subdivision only S75.00 ^ Subdivision w/easements and covenant mm. 5-OO.W Park Fees (to be determined per Section 11.62) ' ----- omi^r"mdTsubdivisfol'Arpto^^ • ------ --------- IZZt o a^s II Preliminary Subdivision Application S150.00 (No change from original apphcation) ----------- -------- Reniwd of Final Chlss III Subdivision Application S 100.00 (No change from ongmal application) ----------- ^‘’top^s^r^^rRo*^ S600.00 . S.50/line^ ft.;----Ihi. ft. . ^50 = S----- ------ -------- Proposed Public Roads S900.00 + S.50/lineal ft.; .^^Im. ft. -0 - S--------- -------- Reauest for City to Accept Existing Pnvate Road S900.(W - ■ ProDOsed Sanitary Sewer Main Extension 5250.00 + S25/stub --------Proposed Watermain E.xtension S250.00 + $25/stub _______ Proposed Storm Sewer System (e.xcluding culverts) SiOO.OC) „i;mrinnO • --------On-Site System. Site Evaluation Review (applicable to rural subdivision applications) S50.00/new lot proposed for on-site x --------new lots C. Fle.xible Application Fees/Misc. Fees _______ Variance S200.00 . . r wj- • • C7«; nn _______--------Fn.i-ment Vacation Associated with Subdivision $75.00 -------- PRD Application with Subdivision S30.00/Dwclling Umt established by ordinance. 7 Date ^ Applicant ’s Signature _ ------ D-»e Owner’s Signature . ^ i_.> ^ , , *, nil .ubrmttals into the City Office 25 davs before the Planning Commission meeting.AppUo=. mus have m a,, scheduled rev,ew meet gs are ^«ld on applicant is unable to anead a scheduled meeting, please make arrangements to haNe an au ag°r^ttcad “ your^lace and to advise the Building & Zoning Office of this change prior to the meeting. i, ,i. MM DATE OB/17/fS 3,.BATCH SOSr'> •' •:•{'/•. > PROP ADOR ONCR NAME TAXPAYER NAME/AOOR HEItlEPINI ,.r SO 0A>117-23 21 0005 0A5A5 BAYSIOE RO PAS REMCBOHM PETER A SHARON RENNEBOHH 4545 BAYSIOE ROAD MAPLE PLAIN MN 55S59 5 • ’I •( PROP AODR QMNER NAME TAXPAYER ' NAHE/AODR■ 4 t * 4 ;iV • ^ * wS ^ PKOP AOim ; CM€il NAHC uL kV TAXPAYCR NAME/AODH . •, • i • ■ 'A 1‘ • ♦ 4 PROP AODR QNNER NAME >: .TAXPAYER NAME/AOORVf ; f.*' ’’ # I' I • 4 V 4 . PROP ADOR Olt^ER NAME TAXPAYER * NAHE/AODR I 4 58 04-117-2S 22 0010 04445 BAYSIOE RD I T A M L 6EFFRE . XmaN T A MARJORIE L GEFFRE 4445 BAYSIOE RO MAPLE PLAIN MN 55359 SB 04-117>23 22 0013 0003B AODRESS UNASSIGNEO R S A M N OLSON ROBERT 8 A MARGARET N OLSON 5010 HILLSBORO AVE N MPLS m 55420 SB 06-117-23 24 0001 00215 NORTH ARM LA JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUNO FM 55344 38 31-118-23 33 0009 00038 ADDRESS UNASSIGNED .PAINTERS CREEK H041E0HNERS PAINTERS CREEK HOMEOHNERS C/0 CRAIG PASSOH 100 LUCE LINE RIDGE MAPLE PLAIN MN 55359 i PROP ADDR ' : 0K4ER NAME TAXPAYER NAME/ADDR TOTAL BATCH 503 00015 O’ — COUNTY PROPERTY INFORMATION SYSTEM PROPERTY QIMERS LIST38 04-117-23 22 0005 00180 NORTH SHORE OR N DAVIO L NHXTE ET AL FREDERICK C NHITE 14195 PAULS OR ROGEIR m 55374 38 06-117-2S 22 0011 00038 AOORESS UNASSIGNEO R S A M H OLSON ROBERT S A MARGARET N OLSON 5010 HILLSBORO AVE N MPLS MN 55428 38 04-117-23 22 0014 00038 AOORESS UNASSIGNEO IRHIN T GEFFRE ET AL CITY OF ORONO PO BOX 44 CRYSTAL BAY »« 55359 38 31-118-23 33 0005 04440 BAYSIOE RO BAN CUFF BOBBIE A NEVA CUFF 4640 BAYSIOE RO MAPLE PLAIN MN f5359 31-118-23 33 00^ OOOTBw ADDRESS>rok^IGNEO IRVIN EHIERGSAGEL ET AL QUARTO V 1624JM1W0N PO209 MN 55403 38 31-118-23-33-0013 4680 Bayside Rd M D Sletten & M K Snetsinger M D Sletten & M K Snetsinger 4680 Bayside Rd Maple Plain MN 55359 REPORT NO. PI4S5401 . PAGE 438 04-117-23 22 000904445 BAYSIOE RO J J PFEIFFER A K J PFEIFFER J J PFEIFFER A K J PFEIFFER 4445 BAYSIDE RO ORONO (M 55344 38 06-117-23 22 0012 00038 AOORESS UNASSIGNEO ROBERT S OLSON ET AL CITY OF ORONO . PO BOX 64 CRYSTAL BAY Ftl 55359 38 04-117-23 23 0001 00038 AOORESS UNASSIGNEO JEANNE T ARMSTRONG JEAN T ARMSTRONG 235 NORTH ARM LANE MOUNO MN 55344 38 31-118-23 5S 0004 04720 BAYSIDE RD B PETER ACHEY ETAL MR B PETER ACHEY route 2 box BBB MAPLE PLAIN Ftl 55359 « t » *4•^1 • Ji ’t « I• •• N B ■f-N. c ; .. 38 31-118-23 34 0003 00025 LUCE LINE RIDGE C H HATTSTROM A V A HATTSTROM. CURTIS H HATTSTROM 25 LUCE LINE RIDGE MAPLE PLAIN MN 55359 . , • r • ♦ . t . • ! ^ ! ».! •. * T ^44^ r' ' S' S 1!l •• V t } i [• y< i' I i I i : ■3’3 V-. ■ * • e / *V- W . t J ♦ b. t>tAFjM s; t-. :v-.' j: . •*• . ♦»•» . h If'Ji'H 'O ('• 1 i»' CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) ss. I, Linda S. Vee. Deputy Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of Application #2064, was mailed to the attached list of interested parties. In Witness Whereof, I have hereunto set my hand and seal this 31st day of August, 1995. iHda S. Vee, Deputy Clerk (SFAL) \ •V P-2- Mailin g List for Utility Companies for Application #2064 Triax Attn: Tom Wimler 2381 WUshire Blvd. Mound, MN 55364 Minnegasco Attn: Kaye Skogman P.O. Box 1165 Minneapolis, MN 55440 Minnegasco Attn: Bill Nord P.O. Box 1165 Minneapolis, MN 55440 Wright-Hennepin Co-op Electric Association P.O. Box 330 Maple Lake, MN 55358 GTE % Jack DeAngelo 1010 Main St. Grinnell, lA 50112 ^.4 4 v-t crry of orono 27£0 Kelley Parkway, P-_0;^Box 66 Crystal Bay, MN . Phone (6U)473-73f7 Fxt 4,3-Osl vnflCE • h ’ a in the Council Ch3inbers at 2 / 80 Kelley ?rfG"66"Ba%rS C and D. Bayview Farms Secona Addmon Hem ^ ^tie adjoining lor Ime of thac portion of the lO’ w.de Second Addition, descnbed as lollows: between Lot 1. Block 2 and Oudot C. Bayvi-.v • T nf 1 thence north 39^ ^5 00 east a Beginning at the southwest comer or -ai distance 35.00 feet and distance of 143.50 feet, thence south 00 -6 -S there terminating.uierc .4 11 annenr at this time. Written comments are solicited. Plans TvaUatle'^^l aro*lStes 'Sr review, by appoumr.ent. Cit>* of Orono Bv; Planning Commission Michael P. GaffrooT^iigrP^g & Zomhg .Administrator TO be published the week of September 4 and September 11.1995. L„ •Ill- •M :s sau •-< o > o H-O GO og H •-' Q VI 01uu ro c o •!- iH 01 GO OCM < 5; i. O • c o lA OJ i.u < o ft—I K CL o CSi cc U 1/1 LJ CO i LL 3B UJ VO lO Csl Lu 01x: o 4J ft— -p 3 C O fTJ P•* o « CM 00 UJ CO »—I ^ o" • » I- i/J X LJ 00 X9 ,i= c 5 Jo f-l p ^ 0) U 01 O p \ t p U- cr lyo U ^ • U 00o • r- < CO to h- ^ O 1.u lA O O CO o U1 •t • P ft VO ID r« Par- 01 r- U< K 01 • Po o p u O 01 p p T3 S C P Id O Q to X) 00c ^ 10 rH 00 P VA lA 0^ P > P O -J o •oo lA O dou CL -J P o (A r— P O 5h• • < f t-i Q • •3 <00 O P O -1 p Oi q o -C < 1— p P O Quouoo•< Poc V ' r. Prppo»*« Th* or^jr ■ Wt h«rabj 0 lDs.0li«n o »«d lanij - -98>6ei /A.,8£,92o0 N — 3J0. > • ?a 98 9t-6 4 — (fv ,> r^;‘ tsUbllBh^d la 1962 LOT SURVEYS COMPANY. INC LAND SURVEYORS RSGISTERCO UNDER THE UWS OF STATE OF MINNESOTA MVOCC Ha^-4P594-rsm.________ SCALE: 1* ■ loo O Ommtm ¥m Ml O YMt 71r4 IlMrtk •1 fmm m. UlMmmmpmn% M4tt PfWPOSED LOT DIVISION ROBERT- OLSON • u* 9ururyor> ArrUfiritr COUNTY ROAD , -—434 49 W89*43f00*E- - 8 8l mo ------N09*37*07 “E 607 56-------- PropoROd hntormoiion b« cF»«cli«d •Uh opcvOvRd U>»<Fir»g plan b«fof« •■covotioA and coniirwctiw\ #OD*»n*nlR Rhotrn cr« from ptotR of roco»d o» Inforrtiution pFOvidad t/ cSonl. W# horobjr cortlfy Ihol Ihli If o Uwo and earra<t r tot Son of • of thf boANtdorc* of abo*f dotcnbfd krid end Utf locetion of cP buddSrt^ eno vlfbAf oneroocfvnmntM If twtf.frvn or on ooid lond %ufy>%y4 by Uf thli ^ Oof of *Y* tfl tm •m&mtoMm wrtf oOOao Damtm CMbf Omrntm 0m4od Sirfwo Top 9t Ml .Prpp—td Omraga FWof ii rw Typa »f r, * •• • ^ O' I tiisTiMc oesdumoNS lot I. Block 1. BAYVItV FARHS »0 AOOITIOR OiraOTS A.B.C md 0. lATVm FARRS 2110 ADOniOR Proposed Orscriptlons; PARUl A; Ull.SCF Sq. Ft. - 2.SC1 Acres) Outlet A, Lot t. Block 1. oiid tfce Rorth 103.00 feet o( the uett MB.SO feet of Outlet C. Alt In BATklCN FAlOa 2ND ADDITION PARCa B: (617.7S6 Sq. Ft.- IA.IB2 Acre*) All of OutloU B end D end Outlet C except the north 103.00 feet of the uett 14B.50 feet thereof. AH In BAYVICV FA«« 2ND AOOITIDN. jJy Slgntd / Roymomj A. Protch. M»nfvRtg>4o.0743 Mtf» » - -454.49 Ney45'00*E ----- r. V'-- ■: ¥x ^ ■ ■' t 1, B’ TLOTS / oposcd IRCEL A jtlot A F the « ND ADD1 ARCEL B 11 of 0 eet of ND ADDI B'Mm p ^ - KiibnursiLWitu ’^V IS County "^oad t/c n 1 hereby cerLlfy LliaL this is a true and corrccL represen laL i on of a survey of the boundaries of Lot 1. Block 1. BAYVIEII FAIUIS, Ihe location of all ex- IstliKj bulldiiujs, if any, thereon, aind Ihe i>roposed location of a proposed addition. It does not purport to show any other improvcinonls or encroachments. COFFIN & r.lUHIBF.RG, INC. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mark S. Gronberg MN. Lie. No. 12755 Engineers, Land Surveyors, Plantiers Long Lake, Minnesota Scale Date 0 1 Inch = 50 feet August 23, 1989 Iron marker • % CITY of ORONO resolution of the crrY council NO. 3 4 9 2------- F A RESOLUTION APPROVING THE PLAT OF ^AV^^.W F.ARMS SECOND ADDITION - FILE NO. 1967 miric’oal corroration orsanized and existing\niEREAS, the Citx' rt Orono 43 a mur.ic.pai i-uip under the iaws cf the State of Mumesota; and •>VHFRE \S ih: citv Comicii of ihs City of Orono Iws adopied rubdivision renul2<i0P5 for iho orde'rly. ^cononnc and safe developmem ot land wnlror me .u). an. WfTEREAS me Cicy Couna., has c— .be -“">5 VpresLd b^Donald R. Peterson .hereinafter '.he sundivtders'); :.no ',vnE!tE-\S. on October 24. 1994. the City Council approved Resolutior. No. r,4o3 .aranttnu prlum.nary approval for a plat at 4645.a66:' Bays.de Roan, and '■4rFHE44 th- P'opertv is located within the RIMB. Single Family Rural ^>rlEKEA... in- . of contipuous drv but dame landKesidemlai Zoning Distr.et reau.nng a mm.mum of - acres ot .ot.tiguo . vvidiin ejich n^wiy created lot, and WHEREAS, the pronenv contains a total of appro.siraatdy 19.0 acres, ol v.ni..h ,.-prov.rr,ately 1.1 ac.-es has been delineated as wetland, and \V?fF.RE \S. the proposed piat contains two lots (des'C.naievi as prcno.->wd ^ ^ ’ ".1 Ri'h't- containin'-’an exisiiiva residence strucrure. prOpO.'...SlocK 1 and proporec t.o 1 . B o. 1 ->■ ;4cnjor..,n ^ ^ ^ ^ Let 1. B ock *“it'r’ecuires a lot area variance, but will retain ownership ot :n additional 0.07 acre outlet and may .am up to an additional 0.2b acr.s as no.ea urder lo nveei the 2.0 acre tmmmum lot area requirement, and W1H£REAS. the septic system se.'^inu the residence on 1 is faiiing and is intended to be aTe^vaUabll'vvithm Lot’ 1. Block 2 since it is a pre-existing lOi; ana Paee 1 cf 6 (vn iCd On- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 ^ ^ ^VHERF.AS, in nddi.ion .o proposed Lot 1. Block 1 and proposed Lot 1, Block 2. four outlets are proposed to be created with the follow,ng .ntent for each. ^ 1 A r -X? arrp remainder parcel to be combined with proposeu i-Ot °“moc''k 2' at ruStTntTth^t'outlets B and D are used for private driveway or road access to Outlot C. outlet B, 0.32 acre SO^ t^eve^ [hat OuTrc d^vjl^e" S^d accesfC^jacent propen.es not requiring the use of O.to B and D. Outlots A and B will be legally combined with proposed Lot I, Block 1. (c) into one or more building sites. (d)Outlet D - 0 07 acre future road corridor segment to complete continuous ?-cess in conjunction with Outlot B for fumre development of Outlet C be legally combined with the proposed Lot 1. Block WHEREAS, Ouilois B and D provide continuous access to Outlot C Road. The Vavv^^^^^ 1. Bayview Farms in savor of Lot B «. a<^reement attached to this resolution L Sl'™hicht«^Brapplica,us- intern regarding the htture use and disposition of Outlots A. B and D; and U-HFREAS. it is the City's intent that if Outlots B and D de^tepeji tor n rinr c iher the existin'^ residences on proposed Lot I, B roVTfori.Xk°2l “lUonsrm:t drtvewa; accesses onto said new road and elimmate me e.Si d.'rect driveway accesses to Bayside Road; and Pase 2 of 6 i CITY of ORONO resolution of the city council No._aAa^------ UTTFREAS it is the Cine's intent that in the event Outlets B and D are used in WHEREAb, u * ^ choii hf» constructed to Cit\' standards. Further, it the furure for road purposes chat such roa access to Outlet C. applicants shall is the Cty-s intent that in order '» D. it is the City's provide to f ‘>/™^”crde«^ the need for access via Outlots B and D. that ;^ch" ra™d uhlit^'will be'vacated upon fonnal request of the ptopetry owners; and WPfEREAS it is the City's intent that Outlots A. B and C shall remain in private \yTOREAS. t s is ftirih-' developed, and that Outlet D shall remain in private common ownership ,'bwi; v ouiloi C is further deveioped; andcommon ownership with proposed Lot 1. Block - until uuiiu WHFRF AS it is th- City's intent tliat at the time Outlet C is further developed. .n City will at'rtS-. rc^rranl additional necessar>’ and appropriate puDiic vviTFRF AS it is the Citv's intent that proposed Lot 1, Block 1 and proposed ^(A i Block : uram “-nda;d'';:l-'utility. and urainage easements based on the assumption chat Outlets' B and D will in the fumre become a roadway, and WHEREAS, although Hennepin County Department of Public 1 ohr of wav fo' County Road 84. no additional County road rtght-of a "rbrreqtr^nnhfd:::;;^ *0 standards for a collector road as defined in the Orono Comprehensive Plan; and WHEREAS, a driveway easement over Outlet B shall be granted in favor of proposed Lot 1. Block 1 for the e.tisting driveway in Outlet B; and WHFREAS the existi.ng accessory metal shed located at the northwest comer of outlet C w.n h"le non co«^ XT! Inco^or^ a su^^^ of Outlet C into bu.ldable lots and made conforming at that time: and WHEREAS, the single family residences existing on proposed Lot 1. Block 1 and proposed Lot I, Block 2 require no mnher variances; and Pa2e 3 of 6 ^ sr* CITY of ORONO resolution of the cmr council NO.. 3 ^ 9-2------- \VHEREAS, iW r.-tividcr has complattd all requi.ements of Iho planing resulations of the City, including: 1.Completion of the requirements of Resolution No. 3483 Dedication un the plat of drainage and utility easements. Granting of road and utility easements over Outiots B and D. 4. Granting of a driveway easement over Outlet B in favor of proposed Lot 1. Block 1. 0. Payment to the City of legal review and filing fees of S200.00. vnw THFREFORE BE IT RESOL\XD, that the City Council of the Cit>' of Orono heret^lppro” the plat ^f Bayvievv Farms Second Additton. Henneptn County. Minnesota, subject to the following conditions: Outiots A B and C shall remain in common ownership until ?evdoped Outlot D shall remain in ownership with proposed Ut 1. Block . until Outlot C is further developed. Outlot A. is considered an unbuildable remainder parcel and upon development of lecallv combined with proposed Lot 1. Block in me eNcni o'are used for roadway purposes. ® '’"^L^rta^rtceirtn^pn" "s^ =J':rmrthTdev:Sp=d; ?n the event .hat Outlet C is fur^^ ^ a need for use of Outiots B and D as roadwa\ access, th-.i O be leaallv combined with adjacent properties. s.:s -r ■ lots. Pase 4 of 6 I w CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 4 V S-------- 6. 7. 8. In the event L^r. S driveway io^ca.lns omo said Oudo. soadway and eliminate direct access to Bayside Road. No addiiionai right-of-way for County Road 84 will bo grantod although Hennopin County hac requested it. Pavmont of park dodication foes and the dedication of additic aal public =^emOTS wtota Outlets A, B. C and D w.ll not be requtred unttl Outlet C is further developed. /acari T nr 1 Block 1 shall be provided with a new septic The residence on proposed Lot 1. Block i snaii oc ^ system within the time frame and requirements of th. City code. tar oTrmal ;‘,afap;r:ir: cot^ subdivision'of Outlet C has been submitted by that date. .4 Ur chtdii hf nied bv the Citv of Orono with the Hennepm Count>' above. of Orono for subdivision review. 9. P''2C 5 of 6 t-*- nr. % ^ •• • m Sm&iT /- agreement Robert S. Olson and Margaret W. Olson, fee owners o*’ hlicby ^ a'gr« Farms, and K-P Properties. - g, Farms ’shown as Outlet that in the event that portion of Lo Block C on the attached Exhibit A is replatted Bawiew Farms ^Sls “sh^wn^'r 0:t;t;%":^aured -n^t^ parties hpby agrej^^^to " 00^0° A on attached E.Miibit Aa° portion ’ of Outlot C 'as shown on %\ock°U tayvkw as follows: Beginning at the Northwcsterl) coro • pan„j; farms which is also the Southwesterly comer of Lot 1 ji3,ance 'r^O ^e°r Tence^^S ^4^"- ^fs^r ’ iS thete ^LLfly along the ^Mine of Lot 2. Block 1. Ba.wiew Farms .0 the point of beginning and there terminating °''a%o “f.dc'al°"'roV ,u:h"'col'i.-^r ‘o°de"d°‘ rLrfouUo, A ''^T pa,t “ooUorC Ter° bv agr« .o jo.n ,n .b. =ppli«.,on fo, pl=.u=8 -d any lu.u.e UutJot I-. ncr , „ , ______ ,,,^h .tedicat on or rcscrvatiou?u\um%'lat “o?' bu’ildabk pareds which proposes rcservatiou or Omlol B as ac«ss In Oulio. C as shosvn oa ausch.d Ealubil A. Signed Lhi^1994. Robert S. Olson Margaret U. Olson Fee owners of Lot 2, Block I Bayview Farms K-P Properties. Itic. By : ' Contract purchaser of Lot 2 Block 1. Bawiew Farms Donald R. Peterson president Irvin T Gcffre ____ Marjorie Fee owners of Lot 1, Block 1 Bawiew Farms, their heirs and $ Si g a s Gcffre J PRELII.IIMAPY PLATBAYVIEW FARMS OF:ND ADDCITY OF OROMO. COUilTY OF HEMNEPIN9 T m ION LOT SURVEYS CO, LAND SURVtYCRS • • f !•« it«n *:•* «*• tit-Dll *!«•«••• Sl«t t^ia t>**« !•••«; ».t-%lll J«l» •« a. t It ) «# • I • w?! i;»* •.« t !#••«i|« rtt* •% %• •»«** »!t Kw»- t*«a»«t t •»* ••••>••< *a*t !•«••«»••••. •• l«* I ti. It I • •«||« I -.0\ t»»lt •! •« *• •• •••■*« K«#» !«••• I •*« •*tt !«••• »• t> tr Itt I. Hwi I. ttitil* ••••% •• •tl«a>a«t •! *•»•«« !•••• lit •!••• !••• •• !••• I i • %•« • I It ••••• t bki-«> • 4 ;t tt>«>t • • II »•••*• Okl«M( •• I ««•••! •* t *41 ••••«• »«• • . I‘» I *1* •** •* til tittiatft «*«-<••••••■■ t<^ •• I I »«*» •* «iit» »M*it • attl ttait«4* • lt»tl| TYPICAL LOT .1 • t • • * % I •«•••# t*«* t» • ta^CtdllM # »t«i«t««*t It l**t •! Ik# n* » I' *••44 tail I* I••••.•t t fi »l«*4t«lt l*« *•■•••« #44 I • •• ••• *.• •' • «».••• <•• •* 8 Jkk. COUNTY ROAD ?s s' r2.rCB>(K«»\eMt>ATr«^ -p AfPU CAAJT I r- f -O -5: I . It I -. 1 --- ^fs a 2 REOWEST FOR COUNCIL ACTION «>ryee •isss ®'‘0te DATE: February 6, 1996 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2088 Steven Gardiner, 3770 Bayside Road - Vacation - Resolution Zoning District:LR-IA Existing lot area = 15,717 s.f. or .36 acres Adjusted area with addition of entire alley = 20,937 s.f. or .48 acres Pertinent Ordinance Section 10.12 - Vacation of unimproved public alley at 30’ width. Refer to E.xhibits C and M. List of Exhibits A - Application B - Property Owners' List C - Plat Map D - Gustafson Letter 11/14/95 E - Access Easement to Property F - Gopher One Request by City G - Ottoville Plat of 18o7 II - Survey of Property and Unimproved Alley Right-of-Way 1 - Gardiner Letter 1/23/96 J - Aureement with Landmark Drive Property Owners Brief Review of Application The comprehensive land use application was originally presented to the Planning Commission at their fNovember 19. 1995 meeting. The application included the vacation of the unimproved alley and an improvement plan of the prospective buyer of the property. During the November review, the Planning Commission advised that before they could act on any improvement plan it was necessarv that applicant complete the vacation application so that final area and lot lines were re.solved before setbacks or hardcover variances could be considered. Mr. Gardiner, the current owner of the property, has assumed the responsibility of completing the vacation application. Refer to Exliibits C and G, the underlying fee owners of the Ottoville properties include applicant's property and the properties within the Bayside Landing subdivision to the immediate west. Refer to Exhibit J, Mr. Gardiner has e.xecutcd an agreement «i/k-'-(450 Reque^ for Council Action continued Page 2 February 6, 1996 Zoning File ^088 Steven Gardiner, 3770 Bayside Road with the homeowners' association president agreeing to claim no interest in the acquisition of the vacated right-of-way if future plans for the improvement of the property would ensure certain setbacks for future residential construction on the property. Review Exhibits D, F and I, tlie City Engineer advises that the City has no interest in the unimproved right-of-way. The Stubbs Bay sewer improvement did not make use of the specific right-of-way area. Gopher One has been contacted by tlie City io determine if other utility companies have any interest in the unimproved right-of-way. Mr. Gardiner's letter advises that they have completed the staking of the right-of-way and representatives of the utility companies have confirmed that no existing electric, gas. cable or telephone lines exist within the unimproved right-of-way. Planning Commi.%sion Recommendation The Planning Commission recommended unanimous approval of the vacation as proposed, finding no public use or interest in the unimproved right-of-way as it exists today or for future use. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQUESl ED: To either approve or amend the enclosed approval resolution vacating 30' unimproved alley as dedicated in tlic plat, Ottoville of Lake Minnetonka, in 1887. A RESOLUTION VACATING AN UNIMPROVED ALLEY WITHIN THE PLAT OF OTTOVILLE ON LAKE MINNETONKA IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 2088 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on October 31, 1995, Steven A. Gardiner (hereinafter the "applicant") filed a petition with the City of Orono requesting the vacation of an unimproved public right-of-way adjacent to his property originally dedicated in the plat of Ottoville on Lake Minnetonka, Hennepin County, Minnesota in 1887 and legally described as follows: that part of alley adjacent to Lots 2 and 3 dedicated in the plat of Ottoville on Lake Minnetonka lying southerly of the westerly extension of north line of said Lot 2 and northerly of the northwesterly right-of- way line of County Road 84 (AKA Bayside Road) according to the recorded plat thereof, Hennepin County, Minnesota: and WHEREAS, after due published and posted notice, public hearings were held before the City ’s Planning Commission on November 20, 1995 and January 16. 1996 regarding said vacation and all interested persons were given an opportunity to be heard: and WHEREAS, after due standing and consideration, the Planning Commission recommended unanimous approval of the proposed vacation; and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1 The right-of-way as it exists today will not serve for public road use based on the pattern of residential development and access to adjacent properties. 2 The unimproved right-of-way contains no municipal sewer nor other utilities. Page 1 of 2 3. The dedicated road right-of-way as it exists today serv'es no other public purpose. NOW, THEREFORE, BE IT RESOLVED, that the petition of Steven A. Gardiner is hereby granted by the Council of the City of Orono and that the unimproved alley legally described above is hereby vacated. The granting of the petition is subject to the following conditions: 1. 2. Applicant shall apply for the legal combination of the vacated alley with Lots 1, 2, 3 and 4, Ottoville on Lake Minnetonka. Applicant is hereby advised that the City will not consider an improvement plan for this property until Hennepin County has completed the vacation and resolved the final dispersal of the vacated alley. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held on February 12, 1996. ATTEST: Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Page 2 of 2 CITY OF ORONO - GENERAL LAND USE APW^A; r:4 *. • PROPERTY LOCATION o Site Address S'! ~\Q ^ T>’pe of Application to be Filed_______ Property Identification Number (P.I.D.)0/03 / I ^APPLICANT ij ^ f Name ^ Address 2 35" Phone (home) Phone (work). JJ OWNER (i^di Name / City h^txpisL Vlaiyy.^ Zip— Phone ^nme^ 4^^/'■p . Phone Address" , (A / *• ^ *> _ _____! _________________rr^ _ Zip_J_S3s^ / Date Property Acquired__---------------------^—_—— I (do) (do not) also own the adjacent parcels ot lana. (month/year) fees - coNDmoN^ $125.00 Residential Accessory Use ^ $200.00 Institutional (church, school, etc.) $175.00 Guest House/Guest Apartments ’ $150.00 Duplex Credii/Bldg $250.00 Commercial/Industrial Use $200.00 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 n $100 00 Renewal Fee (no change from onginal application) After-the-Fact Fee - Double Current Application Fee OTHER ‘^200^™^ercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation S 75.00 Easement Vacation With Subdivision ■ S300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule present use of PROPERTY Present Zoning District --------- Present Use of Property Residential Other (specify) 1. 2. 3. 4. 5. 6. 7. 8. REQUIRED SUBMITTALS ^11 fh«. fallowing information must be suhmitted bv the applirnfion deadlme ^ for vour appligation to be consr^^red complete: “ Obtain this list, labels and map from Hennepm Count>' Depanmeni Govt Center, 348-3271). crv^vnr^ and include hardcover Certificate of Survey (sigrred by a , x 11“ for calculations as required. In addition, provide one (1) copy b/i ----are proposed. In addition, provide one (I) copy 8 .. x ii ^ Sketches or plans of floor & elevation persons with an interest in the — List of the legal names (include ““f owner(s). property. This would include name(s) ^ ..narate list of anv other persons As m addendum to this application, please attach a separate or . vou wish notified of this application 3 __Additional items as may be requested by City staff. s.?rr z?r; Administrator, agrees to pa. . of this application, and certifies that the of hisrhe«^^^. Applicant’s Signamre [/ ^ CA Date _ U L .("X 1<A9-s Date JoiyiS^ Owner’s Signature . --------------- . 1 orr. fhf* rit\’offices 25 davs before the Planning Commission Applicant must have aU submitia s third Monday of each month. Meeting. Plannmg heduled review meetings of the Planning Commission Applicants must be present scheduled meeting, please make arrang^ents iWs change prior to the meetmg. *^nsr^Std-‘' f ■ I . o • I V‘ Aot ; .? ■■‘ } o '‘i*. .. .4, ..«»«. ,■RUN om u/ti/m - BATCH.604’ ■ ‘ V * i' ..C0\/-.. .^se 0S-U7-2S 21 0005 PROP AODR n^0S780 BAYSIOE RO ONNER NAHE iUC L A R J HICKLUND TAXPAYER' JhCRAXe L A RENEE J HICKLUND ■ NAME/AOOR 5780 BAYSIDE RD 'v . . j^UOND LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OI^IERS LISTSa 05-117-2S 21 0016 01700 BAYSIDE RD J B MAUS A J E MAUS JAMES B I JOAN E MAUS 3700 BAYSIDE RD LONG LAKE Hi 55356 PROP AOOR OFMER NAME TAXPAYER NAME/AODR SB 05-117-23 22 0010 00055 LANDMARK DR 0 S PERKINS A P M PERKINS DANIEL S A PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55356 ■'#'5 * : ' ■ n 58 ^ 05-117-25 22 0014 PROP AODR / 00185 LANOHARK OR ONNER NAME R F A K A KYLE TAXPAYER RICHARD F A KATHLEEN A KYLE 1140 TO»«AHA RO ; . LONO LAKE m 55356 J ' NAME/ADDR «. ) sJ L. V..- * V' PROP AODR 0M4ER NAME TAXPAYER NAME/AOOR ;3B 05-117-23 23 0037 00255 LANDMARK DR MARK L A KARENA S CASEY MARK L A KARENA S CASEY 4320 ENCHANTED DR MOUND MN 55364 / • PROP ADDR OFf^R NAME TAXPAYER NAME/AOOR SB 05-117-23 24 0070 0003B ADDRESS UNASSIGT^ED J B MAUS A J E MAUS JAMES B A JOAN E MAJS S700 BAYSIDE RD ( LONG LAKE MN 55356 ri PROP ADDR ONNER NAME TAXPAYER NAME/ADDR SB 05-117-23 24 0101 C3770 BAYSIDE RO SAC GARDINER STEVE GARDINER 235 GAME FARM RO N MAPLE PUIN MN 55359 ^4^ 38 05-117-23 22 0011 00175 LANDMARK DR L C HARREN A J M HARREN LEE C A JULIE M HARREN 175 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 23 0035 00030 ADDRESS UNASSI6NE0 DIANE EVANS ET AL HARK A CARENA CASEY 255 LANDMARK DR ORONO m 55356 3B 05-117-23 23 003B 03850 BAYSIDE RD P M HADSON A K F HADSON PAUL M A KAREN F MADSON 320 GEORGIA AVE N GOLDEN VALLEY rt4 55427 38 05-117-23 24 0C82 0003B ADDRESS U4ASSIGNED DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST DELAVAN HI 53115 38 05-117-23 24 0102 00038 ADDRESS UNASSIGT4ED SAC GARDINER STEVE GARDINER 235 GAME FARM RD N MAPLE PLAIN MN 55359 REPORT NO, PI435401 PAGE 6 s'/. AT ••.r 1 ••t -• t u.3B 05-117-23 21 0020 03750 BAYSIDE RD JOHN A MARY JANE BURGER CHRISTINE A GARY VALERIUS 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0013 00038 ADDRESS UNASSIGNEO D S PERKINS A P M PERKINS DANIEL S A PATRICE M PERKINS 55 LANDMARK DR ORONO MN 55356 38 05-117-23 23 0036 00038 ADDRESS UNASSIGNED LANDMARK DR H0ME(»t4ERS ASSOC LANDMARK DR HOMEOHNERS ASSOC C/O LEE C HARREN 175 LANDMARK DR LONG LAKE MN 55356 3B 05-117-23 24 0069 00038 ADDRESS UNASSIGNEO J B MAUS A J E MAUS JAMES B A JOAN E MAUS 3700 BAYSIDE RD LONG LAKE 55356 38 05-117-23 24 0100 00038 ADDRESS UNASSIGNED SAC GARDINER STEVE GARDINER 235 GAME FARM RD N MAPLE PLAIN MN 55359 38 05-117-23 24 0103 00038 ADDRESS UT4ASSIGNED SAC GARDINER STEVE GARDINER 235 GAME FARM RD N MAPLE PLAIN MN 55359 fh' / A 41•: \,.4 .f iit:.•.• * ^ , I • . ^ ■ ■ V:-'. • A*-'- ■ ■ A ■ '•. •. 4 -^ -A.-f i; My. ’k : 'f ■ \ V V. • ■ <**•; • V 4 I -'i‘' A •• :■ •.*. y i • * :•*. \?\* iK i :/• rVVV » •• ikr- ■plr'y I.' A- I • f.HEffepIN COUKTY PROPERTV INFORMATION SYSTEM PROPERTY OHNERS UST REPORT NO. PI45BA01 PAGE 7 ^i'pROP’AOOR>‘tll;OOOSS ADDRESS ^ASSIGNED , ’t OMNER NAME ’ HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO ';vr NAME/AOOR ; DRAINACE A CONSERVATION },y I ‘ M ■* .I’BtXStTO ST DEED flTSSAl V VvV:7i / •*. j -. I ■ - i ’ SS‘ 05-117>23 24 OIU _ __ . OOOSS‘ ADDRESS UNASSX6NED i - OltCR NAME .. .HENNEPIN FORFEITED LAND ; I* TAXPAYER CITY OF ORONO !' V;' NAME/ADDR CONVEYED. 1 . 2/6/82 ST Deed 161148 . !• PROP ADDR i*-*'*;; • '‘j-Jl' ■' i .' i • I fc .•'/ • if V A . • • ‘ • » < r V • » 1 i • f- f* ■ • I-. . j! I . !v: f f - < i ■ * . . -.' i" :• • • • • * ’ ' ' * ; • • • t p» «. * . .« i ■ ^ • • » . , !* . • • . • ^ i*. **•'!#* • • 71■»»••* • t1 ... ’ • r*. • - • ; : ••<■. i « • • . *• 4 38 05-117-23 24 Dili 03775 DAYSIDE RD G R I CE ROHLETTE GERALD L ROMLETTE 3775 DAYSIDE RD LONB lake MN 55356 38 05-117-23 24 0119 00038 ADDRESS PENOINO JOHN A MARY JANE BURGER CHRISTINE A GARY VALERIUS 3750 DAYSIDE RD LONG LAKE It4 55356 38 05-117-23 24 0115 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156753 TOTAL BATCH 504 00023 t CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE 5EPR?SNmiS OF INFoUtION AS IT APPEARS THIS DATE ON THE RECWDS OF THE HEt*4EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF HY KNOWLEDGE AND BELIEF. , ^ /y » i - date 'UiOlhi) »•'»; r • ’ ‘ TI- ’. :>.UV v>-u'D' I\ * A 4 * I -4 • * • , * ' *1 ' V. ’‘ ’’ { V' 1 f iv-N 1 'Or- .. .liiM M'S ‘ • J ’*I' *Pr i .• u* ’ I. ''tv'- .4 .* . • » . a ■ :-v,: .-•.. Wo ..V i. t. ;i.>; , • . . i 4 ' 41- A J (10) V7. |. "?>• PT OF tOI SJ (14)§ ?i5 89 176.76 *;gS*44' I6*W uc C5 .6: i4 (13) sd9*44*;6*tr 4« ^t50|)9 4i*f 6/ . 16 X) (37) uj m o ~ ^ •= "V <? •t'>. 5 = <6 (6 (7) S? 7 •• ?? 1- V ••./(III)( 105) ^ •% • \ V *. *V* 1735:^ — 'V 'j'.. ‘"*1 ■ ^ it\. s-'J'; 15 \ i'144 0’^ V^' - A « . a a ^ ^ V '.4 13 A 110 lA (12) VT 4? ^467•w (115) ' II iitifcID 6* M4 n\;4 ( 118) :t. i‘*5 O’ I >;6 5 >-.o ; ^ S7^ C1 ' Z> If/..* ■' s' '?J 1 ^rr:. ,? ^ '3 -e7 / a.-. -■ / < ] 7 S 17 jz9* C6 / *^TA (14) 7 U '^4. >7 J (.5) 8 ‘i'!. j8 _iJ (16) « 5:s.7 s' M / ( 17) ‘5 4?9 1 —I \\.“' \/ 1 (, \93'3 so (112) /Vfrrl ne?/Tvin J/1 Bonestroo Rosene v=S Anderlik & Associates Engineers & Architects November 14, 1995 Bontstroo. Roscfw. Andtrlik and Associates. Incis an Amnnacive ActfoiVCqual Opportunity Employer Otto a aonestroo. P E PoOert W. Posene. P E* Joseph C Andeiiik. P E Marvin L Sorvala. PE. Ptchard E Turner. PE. Gienn tL Cooat. P E Thomas E P4oyes. P E. Poben G. Schuruem. PE. Susan M. Cberfia CP-A* * Senaor Consuitartt Howard A Sanford. PE. Keith A Gordon.. PE. Pot>en P. Pfefferle. PE Pichard W. Foster. PE David O. LosKota. PE RoOert C Pusse*. ALA Jerry A Bourdoa P E Mark A Hansoa P E Michael T. Pautmarm. PE Ted E Field. P E Thomas P. Anderson. AlA Jam?s P. Posenmerkel. PE Donald C Burgardt. P E. Thomas A Syf ko. P E Frederic J. Stencx>rg. P E. Ismael Martinet. P k. Michaei P Pau. P E Thomas W. Peterson. PE Mkhad C Lynch. PE James P. Maland. PE Jerry D. PertiscA PE Scott J. Af garwk. P E Kenneth P. Andersoa PE Mark P. Rolfs. P.E Mark A Seip. P E Gary W. Morien. PE Paul J. Ganrson. AlA Daniel J. Edgertoa PE A Pick Schmidt. PE Dale A Grove. PE Philip J. Caswell. P E Mark D Wallis. P E Miles B. Jensea PE L Phillip Gravel. PE Karer^ L Wiemerl. P E. Gary D. Kristoriit. P E Brian E Gage. P.E. F. Todd Foster. PE Keith E Yapp. P E Douglas J. Benoit. P.E. Shawn D. Gustafson. PE Cecillo Olivier. PE Kent J. Wagner. PE Paul G Heuer. P.E John P. Gorder. P.E. Dan D. Boyum. PE Jeffrey J. Ehlennger. PE Joseph E Rhein. PE Lee M. Manrs. P.E. Charles A Erickson Leo M. Paweisky Harlan M Olson Agnes M. Ping James F Engelhard! Ms. Jeanne Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Gardiner Vacation File No. 139-1958 Dear Jeanne, We have reviewed the proposed alley vacation at 3770 Bayside Road for Steven Gardiner. There does not appear to be any reason for the City to retain the 30-foot wide alley and we would recommend the vacation. We have the following comments in regards to engineering matters. Mr. Gardiner’s property presently e.xists as four separate lots. The vacated alley will r^piesent a fifth parcel. We would recommend that a replat be done at this time to combine all of the parcels into one lot. The right-of-way for Bayside Road (County Road No. 84) is presently 66 feet wide. We would recommend that an additional 9 feet right-of-way be provided as part of the replat. Drainage and utility easements should be provided 5 feet wide along all lot lines and 10 feet wide along the roadway right-of-ways. Please contact me at this office if you have any questions regarding this matter. Yours ver>' truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. IL Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul, IVIN 55113 • 612*636-4600 “i/cuOTO ‘iisnSSMad» ami tmUrtd into this---------------- ---------- day oftStHi Jnbenttire, nebruaxy—^ —, IgJiil., ty ami ishimm and _...S.te.y_ea...A*Jiar.diJxex„JuidL -----CaCTI<^Xl^.J.»^Gardlner.» huahand and vi fa-«^urvd-«»3oinfe—tenants---------grantee^ ___Hennepin TTiat wkmcLt mud grantor U ths owner of th tract. ------------------------ StaU of MinnuotOy uU.:---------------- of land in ths County of 'J Lot Block 1, Burger's Bayside and said grantee is the owner of th At... tract....of land in the County of HENNEPIU- Stale of J^Iinncsota, viz,: $ ^ L:Lots 1, 2, 3, and 4, Ottoville on Lake Minnetonka V)hieh adjoins said land of stud irantorK on sout^-wes t and said grantoi^ . and granUeS ?tave agreed upon the easement hereinafter described: j3!QbD» Ths Mid graj^tor^ , in consideration of.....—^ ............. •••• them $1^00-,am^%mmaaaas»amaasa—mm .QriQ... Dollar to .-r.*™___________in hand paid bf^id grantss ^...... receipt of which is aekTtowUdged, and other good and valtiable consideration, Ttireby grant... to said grantee, ---------------------------heirs and assigns, the easement of ..........Ingxeaa and . egxess ................ (Dcftcribd EAftcmcat) .yl• # '•I V - f-tr. inp ovcTp and upoUp that part of stud Idznd of said grantot^.^ desenhed as follows: -........................... a 16 1/2 foot easement over that part of Lot 51, Auditor's Subdivision No. 203, Hennep-n County, Minnesota, lying . South of Lot 52 in said Auditor's Subdivision No. 203, and the South line of said Lot 52 extended easterly to the westerly line of County Road 84; TO IlAi^E AXD TO HOLD SAID EASEMEXT unto said grantees .., ............thair................heirs and assigns ....------------------------------------------—------------------------------------------------------------------ as appurtenant to.......................—..............said land, 3ll Said grantoi^ . haY.^.., hereunto set.......ttlOiX......^..han^^ . the day and year first above written. --------------- UBD SGCOim »mob» n/aA/^ » •. J, Sk . • t • Deed of Appurtenant Easement *•' ♦ • •• ••• Ollice »f Coiinly Rccurtlcr i&talt of iflinnesoia IComity of ............................ / herrhy certify that thr n ithin Pent tra» fiint /if thin o/)it*r fnr rfconl nn the | .............. day of ........... . I /.9.......... at o*etork .U., ; a tut tvan duty rveordrd in Hook of Peedn, pa^e ...............or ^ 0 r*o/i/#v/ Micro/}tin rd . and wan duty recorded an inntrument oVo*...,.., ................................ County Re mrdcr. Deputy. Xo Detinquent Taxes and Transfer entered this..................day of 19................... Conn I If Juditor. Deputy. Tax statements for the rent property described in thin inntrument nhnutd be sent to: .Varne Jddres^ J crriT* . counry Kico^cfn MtK driUCOUSry.M.SHfSOTA CChITII lU l t3/.N0 fiS n i:s I9B3MAR30 PH 12:37 fsnociKrKi 4781988 cq^cewota. 6-^cq/cc( purr No delinquent taxes and trarUf^ entared OEPARIMENI OF PROPERTY TAXATION HENNtPtN COUNTY MINN mar 30 1983 aaratfi 8r ---------- iUi S -tTFPUTV ’•.» »'11- air >urs rr Otf lu U mi» igt tf^ vwfu<«i| > • II «, Yi me, I 4 ijt I an| , u^CtiJ ; Goriti^n^ A! AT fjrm 3: H- 3 3 (D rr 0 3 PC 01 3 Ln Ln LJ Jt H* -J OY O M X H* 3* < r S'*I T (D 9 f) I CA z JOc m Z -4 > <A O 10 >ao 09 -< I Ml I C4»dm sr ►1 nm ? Mcr i i . 5!a r*M o § ^tn ro tz g. I <• \X\ Gopher State OneCa11 3 Ticket No: 765 Send To: CORONOOl Seq No! Transmit Date! Original Gall Date: Work to Begin Date: 1/03/96 1/03/96 1/05/96 LORq N0N-EXG6V. 9 Map Ref: Time: 10:4B an Time: B: Z7 am Time: B:30 am Bp: DLEL45 Op: 0LEL45 Company : ClTV OF OROND Contact Name: JEANNE MABUSTH Alt. Contact: JOHN G Type of Work: NON EXCAVATION LOCATE REQUEST Work Being Done For: STEVE GARDINER Explosives: N Duration: UNKNOWN Phone: (61Z)473-7357 - VACATING PUBLIC ALLEV R.O.W: N Place: ORONOState: MN County: HENNEPIN Address: 3770 Street: BAVSIDE RD L”aUon'Sr'work!''ISRK*^ENTlk^™^ ON W LOT LINE OF ABOVE ADDRESS. Remarks: CALLER STATES THIS ALLEV IS ON E SIDE OF LANDMARK DR. Twp: 117N Rng: Z3W Twp: Rng: Legal Given: V CORONOOl MINGASDZ Sect-Qtr: 05SE Sect-Qtr: MNDCBLOl NOSTPWDZ USWEST03 End or Transmission 0 to 75 75 to 250 250 to 500 0 13,188 2529 913 865 7% 34% l* --J (•. \' I 4 *. n c, < LEGAL DESCRIPTION: ^ Lots 1,2,3 anO 4, OTTOVILLE LAKE MINNETONKA, MINNESOTA, according to the plat thereof on file or of record in the office of the Register« ^ of Deeds in and for said.County. Revised 2/21/90 to shov/ hard surface area calculations. GENERAL NOTES: II il X X93I.3 987 Denotes iron monument Denotes cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevation Denotes surface drainage Proposed top of foundation elev. = Proposed basement floor elev. = Proposed garage floor elev. = BENCHMARK: Dashed contour lines denote proposed features ----- Stew Gaidiiier 215 Game Farm Rd N Maple Plain. MN 55359 Januaiy 23, 1996 JAM 2 4 1996 Orono City Planner and Council 2780 Kelley Park\wy Orono. MN 55356 Dear sirs: Enclosed is the information requested to present item 2088 Vacation of alle>’ bctiNeen 37 /O Bayside Rd and Landmark Drh e to the Orono Cit>' Council meeting. The legal description of the allc> was pro\ided by Phillip A Nelson Registered Land Surv es or: That part of alley adjacent to lots 2 and 3 dedicated in the plat of Ottoville on Lake Minnetonka. Ijing southerly of the westerly extension of north line of said lot 2 and Northerly of the Northwesterly right of way line of County Road 84 (AKA Bayside Rd) according to the recorded plat thereof Hennepin County Minnesota. The search for utility lines has been completed and marked by Gopher service. There are no utility lines marked in the alley. The Gopher tracking number is 6559. Please schedule this item for the Febreary 12. 1996 City Council meeting. Please send me an agenda and notify ’ me immediately if this item is not to be discussed on February 12. Sincerely. AflPWgMgMT This Agreement is made this *7***^ day of - -# 19 9 6 between Landmark Drive Homeowner's Association, a Minnesota non profit corporation ("Landmark"), and Steven A. Gardiner and Carmen B. Gardiner ("Gardiners"). RECITALS 1. Landmark is the owner of Outlot D, Bayside Landing, Hennepin Coiinty, Minnesota. This property was a part of the original plat of Ottoville on Lake Minnetonka, Hennepin County, Minnesota. 2. Gardiners are the owners of Lots 1, 2, 3 and 4, Ottoville on Lake Minnetonka, Hennepin County, Minnesota, which lots lie Easterly of said Outlot D, Bayside Landing. 3. The plat of Ottoville on Lake Minnetonka includes an alley located immediately Westerly of said Lots 2 and 3, Ottoville, and located immediately Easterly of said Outlot D, Bayside Landing as now platted, and separating said Outlot D from said Lots 2 and 3, Ottoville. Gardi.ners' garage is located near the Northerly end of said alley and encroaches slightly onto said Outlot D. The alley has not been used as an alley and appears as an extension of the Gardiners' yard. 4. Gardiners have requested the City of Orono to vacate the alley. The matter is scheduled to be heard by the Planning Commission on January 16, 1996 and by the City Council on January 22, 1996. 5. The parties desire to make certain agreements with regard to the property as stated below. agreement In consideration of the promises and covenants made herein, the parties agree as follows: 1. Both parties will support the vacation of the alley by the City of Orono. 2. Gardiners, for themselves and for their successors in title, agree that the garage now existing on the alley and encroaching <^to said Outlet D, shall be removed or remodelled not later than 1, so that it does not encroach onto said Outlet D and will be at least fifteen feet Easterly of the Easterly boundary of said Outlet D. 3. The entire interest and ownership in the vacated alley shall be in Gardiners or their successors in title. Landmark will execute and deliver a Quit Claim Deed conveying its entire interest in said alley to Gardiners. Such Deed shall be prepared by Gardiners, at their expense, when the exact legal description used by the City in its vacation of the alley is known. IN WITNESS WHEREOF, The parties have executed this Agreement on the date set forth above. !. Landmark Drive Homeowner's Association 010fl96/ORS/ORS2/C:\WPWIN6W)ATA\RE\GARDINE R DR S\AGR E EWEN “^‘•eetinq REQUEST FOR COUNCIL ACTION 1 2 1996 DATE: February 5, . r'ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed Agenda Section: Zoning Item Description: #2095 Steven England, 3855 Cherry Avenue - Renewal Variance - Resolution Zoning District: LR-IC Pertinent Ordinance Section 10.25, Subd. 6 (B) - Lot area variance Required = .5 acres or 21,780 s.f. Lot area required for existing lot of record = 17,424 s.f. or .4 acres (80% of required area) Existing = 16.251 s.f. or .37 acres Variance = 5,529 s.f. or 25.3% Brief Review of Application Applicant has filed a second renewal variance for lot area originally approved by the Council in November of 1993. The first renewal variance expired December 12, 1995. Applicant claimed major problems with getting construction underway in the 1995 building season. England has advised that in 1996 he plans to begin construction and seeks approval of a second renewal variance for lot area. The Planning Commission recommended unanimous approval of the second renewal variance to lot area subject to the findings and conditions set forth in the original resolution. For more detail on this review. Council members may refer to the enclosed packet of information prepared for the Planning Commission's review. COUNCIL ACTION REQUESTED: To either approve or amend the enclosed approval resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #2095 WHEREAS, Steven M. Englund (hereinafter "the applicant") has an interest in property at 3855 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 8 and 9, Block V, Crystal Bay View, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a renewal variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a single family residence on the undeveloped property containing 16.251 s.f or .37 acres in area where the e.xisting zoning district would require 21,780 s.f or 0.5 acres for minimum lot area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, This current application was reviewed as Zoning File #2095. 2. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District requiring 0.5 acre minimum area for a building site. Municipal Zoning Code Section 10.03. Subd. 6 (A-1) indicates that "a lot of record . . . may be utilized for a single family detached dwelling purposes without Council approval if area ... is within 80% of the requirements of the zoning chapter". At .37 acres the property contains only 74% of the .5 acre requirement and therefore requires Council approval. Pace 1 of 5 4. D. The Orono Planning Commission reviewed this application on Januar>' 16, 1996, and recommended unanimous approval of the renewal variance as proposed based upon the following findings; A. Just over 16,0000 s.f. in area the combined lots contain substantial area for construction of a single family residence without the requirement ot any additional variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C. The combined lots meet the required lot width of the zoning district. D. E. F. Developed lot sizes in the neighborhood range from .14 acre to .15 acres of dry land, averaging about .55 acres. The combination ot Lots 8 and 9 at .37 acre yield a lot size that is not inconsistent with other lots in the neighborhood. There is no other land available for purchase in order to make the lot size conforming. The City has granted previous lot area variances for this property in 1993 and 1994. Tlie City Council finds that the conditions e.xisting on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty: is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Oronc City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivisions 6 (B) to permit the construction of a single family detached dwelling on the property containing 0.37 acre in area where the zoning district standards are 0.50 acres in lot area for such use, subject to the following conditions: 1. J 6. A sewer connection charge of $250 plus the current Sewer Available Charge (SAC) shall be paid at the time of the issuance of the building permit. No variances other than lot area variance are approved via this resolution. The standard lot line setbacks, hardcover limitation of 30%, lot coverage limitation of 15%, and all other requirements of the applicable zoning chapters shall be adhered to. No further variances will be granted for development of this property. The property owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. The City Engineer shall be responsible for reviewing and approving the grading plan prior to the issuance of a building permit. 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 (February' 12, 1996). 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 aerees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 12th day of February, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February. 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was c.xecuted on behalf of the City. Notar>' Public Page 4 of 5 rV STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary PubUc within and for said county, personally appeared ^^----u h „ onH u/hn eyerut^known to me to be the person(s) descnbed m and who executed the foregoing instrument, andicknowledged 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 wiUunand for said county, pcrsoo(s) described in and who executld the foregoing instrument, andicknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5 r- a TO:Chaii Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Building & Zoning /\<iministrator DATE:January 8, 1996 SUBJECT: #2095 Steven England, 3855 Cherry Avenue - Renewal Variance Public Hearing Zoning District: LR-IC Application: Applicant proposes a second renewal variance for lot area originally granted in November of 1993. The most recent variance approval expired December 12, 1995. Pertinent Ordinances Section 10.25, Subd. 6(B) Required area = 1/2 acre or .5 acre Section 10.03, Subd. 6(A-1) - Lot of record ... may be utilized for single family detached dwelling purposes without Council approval if area ... is within 80% of the requirement of the Zoning Chapter. Lot area required = 17,424 s.f. cr .4 acres (80% of required area) Existing = 16,251 s.f. or .37 acres List of Exhibits A - Application B - Property Owners List C - Development Plan E - Survey F - Planning Commission Minutes 11/21/94 G - Hardcover Facts 250-500' Setback Area H - Lot Areas of Surrounding Developed Properties I - Planning Commission .Minutes 10/18/93 j - Council Minutes 11/8/93 K - Resolution .^3356 Approving Application #1883 - Original Application L - Resolution #3508 Approving First Lot Area Renewal Application #1984 Brief Review of Application Applicant proposes no changes from the original variance application approved in 1993. Although applicant advised that it was his intention to construct in the spring of 1995, he now contends that construction will commence in 1996. V. -. '0^ ■ Zoning File #2095 January 8, 1996 Page 2 There have been no code amendments that would alter any of the pertinent findings of the original review. Applicant's development plans will be restricted to 30% allowed hardcover and structural/lot coverage will be limited to 2,438 s.f. or 15%. The building pad is located within a bowl area of the property and will require filling in preparation for the building pad. All conditions of the original variance approvals are still valid. Staff Recommendation To recommend approval of the second renewal lot area variance for Steven England involving the property located at 3855 Cherry Avenue subject to the findings and conditions set forth in Resolutions #3356 and #3508, Exhibits K and L. CITY OF ORONO - VARIANCE APPLICATION ’ Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-ihe-Fact Fees (Double application fee) #209 PROPERTY ’ INFORMATION Site Address ^ 8 ^ Property Identification Number (P.l.D./ —13.—^ • • • • 1 t C11T*A7^1Attach legal description to application if not included on required survey. Date Propertv Acquired 't- ______________________ I (do) ^on^^also own the adjacent parcels of land. PresentuiFof property: ___residential X other (specify)— Zoning District:_____________________________________________ (month/year) APPLICANT Name ,jx ^ /V ^ ^ c//v' -------^— Address: -?'/2.o City OVVT^R (if different than applicant) Phone (home) ll- y- ^ 3 Phcne(work) 72 0-9 y»/ 3 Zip. <$'/oG Name_ Address: Phone(home) Phone (work) City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail:“• AJfi Cu''^ (attach additional sheets if necessary) VARIANCES REQUIRED X Lot Area _Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF L^TJSUAL PROPERTY CO.NDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventmg compliance with Zoning Code requirements:^---------------------------------------------------------- ~/JTr‘ Af^c^'- '7~o ---------—------ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submit ted bv the application deadline date in Qrder for vour appli<;ation to be considered completet 1. 2. 3. __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 SW' x 11" for reproduction. ... . Topographic survey (existing and proposed elevations) if any changes m existmg grade are proposed. In addition, provide one (1) copy 8'/4" x 11" for reproduction.^^ Sketches or plans of floor Sc. elevation views (provide one (1) copy S'/i” x 11"). ----List of the legal names (include marital status) of all persons with an interest m the property. This would include name(s) of applicant(s) if not current owner(s). __As an addendum to this 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 vour variance application is not complete if the above information has not been include_d. The applicant hereby agrees to provide all information required or requested by the Zomng AdminSirator, agrees ro pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. 4. 5. 6. 7. 8. Date S -Applicant ’s Signature OWNER’S SIGNATURE The owner herebv 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. DateOwner’s Signature ------------------------------------------- AoDlicant 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 mon . ADDlic^ts must be present at all scheduled review meetings of the Planning Commission .,nd rouncil. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 MM DATE Ol/OS/Mv>' ibatch EOl ... ,;h i:v, •• ;HENNEPIN COUNTY PROPERTY INFORMATION SYSHH PROPERTY QMCRS LIST• f- p4 C ? MM» ABOR •>0 OMCR NAMEtaxpayerNAME/AOOR ' ' - '. ‘V': •• ;• .-‘•a;; • • •' . • ' •4 f PROP ADOR :i'^‘i':OHNER NAME. . :X»*?; NAME/AOOR .. i I » .• f i • riijV m M ’ ^‘ ; PROP ADOR ohner name TAXPAYER : r vvv NAME/ADDR .. • • f • . ; PROP ADOR OWNER NAME :/K/i;TAXPAYER NAME/ADOR u,-.- ■ :\V". OK . , •• * /♦ ,• . ' V ** » »' V'" ** > ‘ ^' D.ao-.v; ^^v.■^...|,’. \ r;. J.- T % j . .. «* I* ^ ^ V- •* i -•'. . ;:• . > PROP ADDR OWNER NAME TAXPAYER .. NAME/ADDR S6'6a-ll7-ES SS 0001 OMSa CHERRY AVE ARTHUR C BRAMBILLA TRUSTEE A C BRAMBILU SSSB CHERRY AVE HOUND MN 55SA4 ' •. . '■ SB 0P-117-2S S3 0008 0S860 CHERRY AVE R R EN6LUN0 ET AL TRUSTEES K M NEVERS 9700 PORTLAND AVE S 1324 . BLOOMINGTON WN S5420 SB 08-117-2S 33 0039 03833 CHERRY AVE HENICPIN.FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156753 SB' 0B-H7-2S 33 0044 00038 ADDRESS UNASSIGNED 0 M ENGLUND ETAL COL A MRS 0 M ENGLUNO 5101 SPRING ROCK CT FAIRFAX VA 22032 38 08-117-23 33 0049 00038 ADDRESS UNASSIGNED D M ENGLUNO ETAL COL t HRS 0 M ENGLUND BlOl SPRING ROCK CT FAIRFAX VA 22032 38 08-117-23 33 0054 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CifY OF ORorw PARK , 4/13/79 ST DEED 156754 ‘ -.i. * > 38 08-117-23 SS 0006 00038 AODRESS UNASSIGNEO R R ENGLUNO ET AL TRUSTEES K H NEVERS9700 PORTLAND AVE S 8324 BLOOMINGTON MN 55420 38 08-117-23 S3 6009 00038 AODRESS UNASSIGNEO R R ENGLUM) ET AL TRUSTEES K M NEVERS 9700 PORTLAND AVE S 8324 BLOOMINGTON Ftl 55420 38 08-117-23 33 0040 03843 CHERRY AVE ROBERT J ANDERSON ROBERT J ANDERSON 3843 CHERRY AVE MOUND MN 55364 , I* '■ '*•. ..r .» I «r V -• • • : V, V 438 08-117-23 33 00<^5 03683 CHERRY AVE PAUL E A MARY J TAYLOR PAUL TAYLOR 3883 CHERRY AVE MOUND MN 5536^ 38 08-117-23 33 0050 00038 ADDRESS UNASSIGNED D M ENGLUND ETAL COL A MRS D M ENGLUND 5101 SPRING ROCK COURT . FAIRFAX VA 22032 38 08-117-23 33 0055 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND * ^ CITY OF ORONO PARK 4/13/79 ST DEED 156754 • *1 » • ’• hi' .‘-V .: ■ ‘I- • • ' report NO. PX438401PAGE38 08-117-23 33 0007,00038 ADDRESS,IjNASSIGNED R R ENpLUND ET AL TRUSTEES K M NEVERS9700 PORTLAND AVE S §324 BLOOMINGTON MN 55420 , ;' • i 38 08-117-23 33 0038 03833 CHERRY AVE HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156755 ' i 1 $ « • -4 , .. 1 • i* V* >VL • ■ 5, V-i .f ' ;*• -.1 ' . . ,* c' >‘i.‘‘•’IF".*.* 38 08-117-23 33 0043 03860 CHERRY AVE D M ENGLUNO ETAL . COL A HRS D M ENGLUNO 5101 SPRING ROCK CT FAIRFAX VA 22032 ,v ; (1 r. M .K ;v ' ,i ^: . • ■ ;.|i ;* .V. -V'-.' t-' I'i'. *t * , ,■ ■ l ft • • . V «\ ‘ |i ■ ^• /KFf.'.t.". ■ 4 . ■ v.;> • ‘ • ■. ^ ^ ^ * *ii i'’ * ‘ ’ A •• 38 08-117-23 33 0048 03898 NORTH SHORE DR ROGER GRANNING A WIFE ROGER GRANNING 3898 NORTH SHOR^ DR MOUND Mt4 55364 38 08-117-23 33 0053 00038 ADDRESS UNASSIGNED HENT4EPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEEfi 1567S4 • '8 4- ‘r 'liii ‘ . 1*0• ,.')4 . f.. -I Tij'.. ill.'. > (, i 38 08-117-23 33 03860 NORTH SHORE NANCY E KRAUSE 0 W HANOLIN JR 3860 NORTH SHORE MOUr^D MN 55364 0080 '• ‘ • i 'M •/' ■■ ..•■• .*.; ‘T' i • 1P nORE OR A N E KRAUSE ' . .' f »; NV V K; ’ .5 :r l I . .■'its,' • 4;• • ;■. Vt4fi ^ MTf Ol/OS/HK: ’•■ >'• ft !>.ir“‘ V 'X> »•■1 •\i • • ■' ,H'HENNEPIN COUNTY PHOPERTY XHFORHATION SY8TEH PROPERTY ONNERS LIST REPORT NO. PX4S5401.. , PAGE a♦ A.e^-QlffCR NAME Vi/.* TAXPAYER !:> r/ NAHE/AODR S8 08-117-23 33 0084 03884 CHERRY AVE KE»METH C HEEKS KErtCTN C HEEKS 3884 CHERRY AVE HOUND HN 65344 ') ' -.‘t - ‘ * • V * 1'*" ' V • ~}'i'•fifl. PROP AODR ; (iiV OM«R NAHB :» H'? TAXPAYER • NAHE/AOOR U y - * >1 M ' f-* < - . V/ ; •? •% • * ^4 ‘ ^ • • • p|' • 38 08-117-23 33 0040 00038 ADORESS PENDING S A H ENGLUNO STEVEN A HARGARET ENGLUNO 3420 HirtlEHAHA AVE S HPLS HN 55406 y i •■ v'; -' >. . v;..;- -M- 1» 38 08-117-23 33 0087 03883 CHERRY AVE PAUL E A MARY J TAYLOR PAUL TAYLOR 3883 CHERRY AVE hound m 55364 -t A* V h TOTAL BATCH 501 00022 , r.*,..* t; ‘ : »• •38 08-117-23 33 0088 . r • 03852 CHERRY AVE ALLAN C A TERRI L LARSON ALLAN C A TERRI L LARSON 3852 CHERRY AVE MOUND HN 55364 ' r ' ’*f *e’.f.’;‘ % r-'-,• '■r*'' ;>j- • !’ •. i>ts.■ ■ V' •* * i •'f ■'. r t L ■ '.ji; ■t .' ■ • ■ .• ■' 1 '‘P*. .*• I *■ , *'V fw- { t '4: . • Tm •"i;'' - -I V ■■■• . r.' .• - .• ■ ;' • ■ '-if k::.' I• ^ ••• • V? At; '-1.* \ ‘ ‘•• V- • »>•». • ‘-it' vv»^ * ^ i ^ " ‘ • ;•• •. .• K,‘i; ■ i.i ••?'." • > ’ . •. .f.. I. r’- '• • ■• •• r ^■ • - . . TJK ^1 ■ I, “J M ; • 'fff . ■ V, '1 ■• ' • ■ ■ •. '.'ji-f* ‘v,■ *■ • , ; Ahi>" ■ V-t* . *"•r*^ • y.. {*i/.v* »• ,v. r .'.v ■ . .Oy|y ;,S ‘V y> y • ii.■'■■•.• ,'*.•* I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE \' REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ONJHE RECORDS OF THE HEWEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIONp TO THE OF KY Kr^OHLEDGE AND BELIEF. DATE H-% ' I* > PIT" ' *T *■ T 'A 7 I ' ' J • » • .V-v* 1*. * t' • ■ ' . all ' P^ ' t o: denotes iron marker set •; denotes iron marker found (9318): denotes existing spot elevation All bearings are based upon an assumed datum. LEGAL DESCRIPTION OF PREMISIS SURVEYED: Lots 8. and 9, Block 7. CRYSTAL BAY VIEW This survey intends to show the boundaries of the above described property. It does not purport to show any other improvements or encroachments. yz,/ - 0.37 i Ac/es \. y GO t'!'\t. ' J • *. • y I i J5e» »»'•*» rr nraw»t n ••• I ^ *n4 ^ i..->~»iki r-i:'• .»•:••.t*-* i- •«.r»t3n I • # jk ;i n vu. *.w */««. li ii«l X •,CMf. 'ir.« r minutes of the orono conmssion meeting held on NOVEMBER 21, 1994 (#6 - #1983 - Palm - Continued) Dave Sehok of 1680 Concordia and nei^or, Helen Trainer, connnented that they approved of the proposed plan. fhat the foundation had been checked and found to be in good condition when ey purchased the home. The shed located to the rear of the property was discussed as a means of reduang the total hardcover on the property. smith moved. Lmdquist seconded, to approve Application #1983 ^ vScTanTkverage lakeshore setback variance for a second-story addmon. To reduce the amount of hardcover, the shed will be removed at the time of construction. Ayes a. Nays 0. (#7) #1984 STEVEN M. ENGLUND, 3855 CHERRY AVENUE - RENEWAL VARL\NCE - PUBLIC HEARING 8:40-8:43 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. This aoDlication is for a renewal of a lot area variance which expired this month. The lot ^ocaLd on Cherry Avenue and is consistent with the development m the area. It was noted that filling is to be limited and discourag id >n the rear yard where a damage I^etention area exists and evenuaUy drains under the neighbor's dnveway at the east. There were no changes from the original application. Smith moved, Peterson seconded, to approve Application #1984 for renewal variance for Steven Englund. Ayes 3. Nays 0. (#8) #1985 BRUCE BREN HOMES, 1000 COX FARM ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 8:43-8:48 P.M. The Certificate of Mailing and Affidavit of PublicatioD-were noted. The .Applicant was present. HARDCOVER CALCULATION WORKSHEET SETBACK zone : (CIRCLE cne ) 0-75' 75-250' (^0-500 ^500-1000' E xisting Hardcover in Zone . Cr A. House LENGTH X WIDTH /&0O S.F. S.F. i «— o V ^O ( (y J '■ I ^ S.F. S.F rf% * ; 3. Garage cKj Driveway z VT'V - ^ssssr' D. S idewalk E. Patio / D eck F. Landscape AREAS UNDERLAIN BY : , PLASTIC SHEETING G. O ther Z c 3 /z 3 - X _ X 3 o S>o Z o o Total Hardcover in Zone Total PROPERr^ A rea in Zone A 7Zo 600 2 VO z yo /so 3rso . S.F. .S.F. S.F. S.F. S * r • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. *r% -S 0 r 7 ^ 'J w 1'^’ .-v'". ?c- X 100 =22_ ■■% GOVT LOT 5 .r cP-MINUTES OF THE ORONO PLANNING COmUSSION MEETING MINXJTES OCTOBER 18, 1993 - 9:35 P.M.- vScE - PUBLIC HEARING 9:13 P.M. The Affidavit of Publication and Cettif.cate of MaUing were noted. Mr. and Mrs. Steve Englund were present. fnr Hetenninm<^ the buildability of a lot that is Gaffton explained this was a lot area van ^^ouah several relatives own neighboring psrcels. no additional land ‘a avadable^ in consultation w.ih Linage improvements ^ ^boring Mderson property. There are mature trees the Public Worlcs Department on the ne.gh ^^^^^^^ ,s the on the property and u is not a desi^j^cover is allowed' The concepmal proposal would not S°/probto ‘orto tot. No other v^mces wo^d P'j°P“‘Lr wuld necessary -v “i" ifiTL^vL:" raSTotte^‘ir - toe ne.ghborhood and .s tot Is not inconsistent with the area. smith ashed how much fdl would be required because of toe steep bank from the sueet to the proposed home site. Hnglund stated he hoped to trecr^' L" t^tl^t “Ired would be approximately 5-6' tn hetght. A neighbor questioned what was ^h;“:S “e a^?unt1f wLr in the spring that had d^un-.-l -s a remit of toe culvert 'rosn.vJation. Oaffron explained there would be a significant — wotod Z rS Worn # 12 V ™c np THF ORONO PLANNING COMMISSION MEETING ,^qj„UIES of the OTO^ OCTOBER 18, 1993 (#8) #1883 STEVEN M. ENGLUND - CONT. his cone- drah.s« is- and cando^d d.c appHcant as he with development of the property. It was moved by Peterson, secon^d to app^^^^^^^^^ a37 a?r:7aro“«rm —ns 1-3 as listed in the staff memo dated October 5, 1993. Ayes 6, nays 0. (#9) #1884 ORVILLE VARIANCE - PUBLIC HE.ARING 9:45 P.M 475 OXFORD ROAD, AFTER-THE-FAi, i vaivi.- - 10:12 P.M. Tic Affidavit of Publication and Certificate of Mailing were noted. OrvUle Fisher was present. Gaffron explained that a complamt had Sreuttin. in the 0-75 ’ zone. “ ^oved in ±e 0-75 ’ zone as well as been a m^iber of trees. 6" 0-75 ’ setback area is not allowed by Cty intensive vegetation cleanng. Tre. cun , adopted about one year ago prohioit Code fit addition. Shoteland Regulations tha violation tags have been issued and tommive vegetation cuning and cleanng “ in the 0-75 ’ setback are pending in the courts. Ihe SPP'“=“‘j denial^the after-the-fact variance and look area on previous property. yer if it meets standards the City should require^ at the proposed restoration plan to cor^ito if connection and remodelmg caffron noted other activity on the property as mere S:^^g which is separate from me tree cutting issue. . . „ 3,d Fisher aoologized to me public. Planning c^ve OTdent had done the work SS h L not done intentionally. He '-'P'^-^'t^^ct on^ noun cut within me 0-75' zone. wMc me Fishers were out of town and Fisher noted he Bom me college student and fljj,c jq mey could determine me extent o e contacmd a surveyor to veniy me 7a se'tok lin ^y ^^jt^ntion and “trecuoi^^ damage, and he also conucted Jeanne Mabusm „ determine what wiU be He U not asking for approval ot an „ develop a plan for restoranon necessary lo correct the problem. A landscaper to replaced with trees (as :rwhaThad e.xisted. Boxelder trees wamr uble i^ea. A boxelder is rid^reSTw^^ ^ r: —e —d commerciaUy so more expensive trees replaced. 13 ♦7. ♦9. 10. CITY COUNCIL MINUTES cmr OF ORONO NOVEMBER 8, 1993 *11. 12. ^ nnpften seconded to table #1860 Conditional Use Permit for Zelma »ton Avenue to allow staff to work out a parking solution. Ayes 3. Nays 0. Motion carried- #1878 CHARIXS AND SHIRLEY PYLE, 3548 IVY PLACE, VARIANCE, RESOLIITION #3352. Rwolution #3352. Ayes 3, Nays 0. Motion carried. #1879 ALLEN AND KATHLEEN BAKKE, 1127 LOMA LINDA AVENUE, VARIANCE, RESOLUTION #3353. Counciintotnsor Coetten ntovetl, Keljey ..nled, for approval. coL’truc^dTefurbitd in Tps/.’and to ^dopt Resolution #3353. Ayes 3. Nays 0. Motion carried. #1880 THOMAS AND JANE REGMER, 1205 ELM3VOOD AVENUE, RENEWAL VARIANCE, RESOLUTION #3354. i;is.ing residence, and to adopt Resolution #3354. Ayes 3. Nays C. Motion carried. #1832 JOHN M. O’SULLIVAN/O’SULLIVANS, 2420 SHADY3VOOD ROAD, COMMERCUL SITE PLAN REVIEW Assistant Planning & Zoning Administrator Michael Gaffron gave the staff agreerent had been reached and staff would draft a resolution amending the commercial site plan approval for Council action at their next meeting. #1883, STEVEN M. ENGLUND, 3855 CHERRY AVENUE, VARIANCE, RESOLUTION #3355. Councilmember Goetten moved, Kelley seconded, for approval of #18 , residence on a Cherry Avenue, for approval of a lot area variance for construction ot a sing 0.37 acre parcel, and adopt Resolution #3355. Ayes 3, Nays 0. Motion carried. #1884, ORVILLE HSHER, 475 OXFORD ROAD, VARIANCE, RESOLUTION #33c6. Councilmember Goetten moved, Kelley seconded, for denial of #1884 Grille ^‘^her, q for an after-the-fact variance and to adopt Resolution #3356 denying the variance. A>es 3, Nays u Motion carried. I 6288601 CITY of ORONO resolution of the city councilo o c:; . •N0.'JL1__—----------- m 20 1994 cepurr A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) file #1883 legally describr'^ follows. Lots 8, 9. Block 7, Crystal Bay View. Hennepin County. Minnesota (hereinafter "the pro^-i < I 3^^ c, 3",““’ ssr.r“ s—Code Sc. .non no ifi '’51 s f or 0 37 acre in area where the normal zoning ». -» re"q*reSTrTor'airis 2U80 s.f. or 0.5 an acre for single family detached dwelling purposes. Minnesota: 1. H 3. NOW, therefore , be it resolved by the City Council of Orono. flndlngs This application was reviewed as Zoning File #1883. The property is located in the LR-IC. Single Family Lakeshore Residential Zoning District, requiring 0.5 acre in area for a building site. Municipal Code Section 10.03. Subdivision ® ^ . . . may be utilized for single family detached dwellin p ip chapter". approval if area. . . is within 80% ,t%equir^ and At 0.37 acre, the property contains only 74 /o of the U.o aci 4 therefore requires Council approval. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.o o o 4. 5. 6. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the proposed variance, based upon the followmg findings: A At iust over 16.000 s.f. in area, the combined lots contams substantial area for construction of single family residence without the requirement for any other variances to the zoning chapter. B. Municipal sewer is available and assessed to the property. C Developed lot sizes in the neighborhood range from 0.14 acre to 1.5 acres of dry land, averaging about 0.55 acres. The combination of Lots 8 and 9 at 0.37 acre vields a lot size that is not inconsistent with other lots m e neighborhood. D. Their is no other land available for purchase in order to make the lot size conforming. The Citv Council has considered this application including the fmdings and recommendations of the Planning Commission, repons by City staff, counts by the applicant and the effect of the proposed vanance on the health, safety and welfare of the community. The Citv Council finds that the conditions existing on this property are to it and do not applv generally to other propeny in this zoning aistnct, m granting the variance would not adversely affect traffic conduions. light air nor pose a fire hazard or other danger to neighboring property, wou . ' ser\'e as a convenience to the applicant, but is necessary ° _ demonstrable hardship or difficulty; is necessary to preserve a substa^ual proper^ right of the applicant: and would be in keeping with the spirit an in ei Zoriing Code and Comprehensive Plan of the City. Page 2 of 5 K frnrnm^^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO." CONCLUSIONS, ORDER AND CONDITIONS . L f.,rt;nrrc th<» Orono Citv Council hereby grants a variance Based “P™ 25, Subdivisions 6 (B) to permit the construction of a to Municipal Zoning Code Sec . ' t^omainins 0.37 acre in area where the zoning in lot area'fo? such use', subject to the following conditions: 1 6. /. Lots 8 and 9 shall be legally combined prior to issuance of the building permit. A sewer connection charge of S225.00 plus the current sewer available charge shall be paid at the time of building permit issuance. No variances other than the lot area variance are "PP™'’f The standaM lot li. ,t;^^:-nt” o“lf c;apter. shall be 'aZeredm No tohe? variances^ill be granted for development of thts property. Property owner Is advised that a complete grading and drainage plan must be submitted in conjunction with the building p jrmit application. Authortttes granted by this v.ria^ ^ etrcIseVrap^plSirfoTaTml^^^^ "wTn':^e^:^='o"m-Council approval, or thts variance will expire on that date (November 8, 1994). Violation of or non-c mpliance with any of the resolution shall constitute a violation terminate any authority granted hereto, and shall be punishable The undersigned applicant has of this resolution and on behalf ot himself, tas , ^ hereby agrees to the recording of this resolution m the chatn property. Page 3 of 5 CITY of ORONO resolution of the city council Q O NO. i-:-------------- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 0- Public within and for said county, p /C ' /? 199 ^ before me a Notary ’ day of (-------—’ f p J , dIctaowledgeTttat'he (they) executed the same as his (their) free the foregoing instrument, an act and deed. 1^; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) dav of /2^199 ^ before me a Notary the foregoing instrument, and acknowledg act and deed. eTthat he (*=y) executed the same as his (their) fre, /O <X^X<S sI JAMIE L BOSMA hOTAAY PUBUC-MINNESOTA HENNEPIN COUNTY My Comm. E«ires 12-1^97 I NOT^^ Page 5 of 5 Y PUBUC rwuasMOw CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _3_5_Q_3 _____ U A RESOLUTION GRANTING A VARLANCE TO NnJMCIP.UL ZONI>«G CODE SECTION 10.25, SU'BDFVTSION 6 (B) FILE #1984 «OTT?FA<; Steven M En<»lund (hereinafter "the applicant") has an interest m „ ^ — .. CB -CB , - lesally described as follows: Lots 8 and 9, Block 7, Crysul Bay View, Hennepin Connty, Minnesou (hereinafter 'the property"); and NVHEREAS. the applicant has applied to the C-;y^;^r^“_^variance Code Section 10.25. Subdivision 6 q 37 acre in area' where the existing -r. dl^t^f ^7^1. 'o^r i:e ?^r n,— .t are. Minnesota: 1. NOW, therefore , be it resolved by the City Council of Orono, findings This application was reviewed as Zoning File #1984. The propettv is located in the LR-IC, Single Family Lakeshore Residential Dismet, requiring 0.5 acre minimum area for a building site. approval if area. . . is wi i,, 7*ic^ of the 5 acre requirement, andAt .37 acre, the propertv- contains only 74 rc of the .0 acre 4 therefore requires Council approval. Patte 1 of 4 CITY of ORONO RESOLXmON OF THE CITY COUNCIL Q r- ^ NO ----------- 4. D. _ ______„her Orono Planning Conunission reviewed this appiication on Notenber 21, 1994 and recommended approval of the vanances as propose . based upon ihe following findings. a • 1 nm C f in a’-ea the combined lots contain substantial area foVc^nTmictio^single family residence without the requirement of any variances to the zoning chapter. B. Municipal sewer is availabie and assessed to the property. C Developed lot sires in the neighborhood range from . 14 acre to 1.5 acres nf rlrv Lid averaains about 0.55 acres. The combination of Lots 8 and pL a37 acre yields a”lot size that is not inconsistent with other lots m e neighborhood. D. There is no other land available for purchase in order to make the lot size conforming. The Citv Council finds ±at the conditions e.xisting on tWs Zoning Code and Comprehensive Plan of the City. The City CouncU has considered this Ty r^pp^rand m°^posed variance on the health, safety and vJelfare of the communin’. Paae 2 of 4 fvrnvm ^ . o\CITY of ORONO resolution of the city council ivn 3 5 0 8-------- V/ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby Based upo ^ Qode Section 10.25, Subdivision 6 (B) to permit the grants a vanance to on the properu' containing 0.37 acre in area following conditions: 1 A sewer connection charge of S223.00 plus the current Sewer Availabilit>' Charge shall be paid at the time of building permit issuance. 0 No variances other than the lot area variance are approved «a tesolmion^ Th- standard lot line setbacks, hardcover limitation of ^0/c, lot coverage toitaTon of 15%, and all other requirements of the applicable aomng chapters shall be adhered to. No f.inher variances will be granted for development of i property. 3 Propenv owner is advised that a complete grading and drainage plan must be submitted in conjunction with the building permit application. 4 Authorities ^ranted bv this variance run with the property not with the ^PPljc^t bmare per^iss^^^ onlv and must be exercised by application for a building pLTwS ™e year'of the date of Council approval, or this vanance will e.xpire on that date (December 12, 1995). 5 Violation of or non-compliance with any of the resolution shall constimte a violation or the zorung code, shall automaiicaii terminate any authorit}' granted herein, and shall be punishable as a mis erne 6 The undersigned applicant has read, understood and hereby agrees “erolmion and on behalf of himself, tus heirs, successors and asn^ hereby agrees to the recording of this resolution m the cham of tide of properrv ’. Page 3 of 5 oT o-^,CITY of ORONO resolution of the city councr . Adopted by the Orono City Council on this 12± day of December. 1994. of the City. a^tsezxstsBBezzessssssssszsxszs^ LINDA S. VEE S NOTARY PUSUC-MINNESOTA S HENNEPIN CCUMTY ^ K My Cc.T.;H'aion Exc'fesJan 31.2CC0 ^Notary Public state of MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ~day of __M±^199_£^before me a Notary Public ^ ................... Kknowledged that he (they) e.xecuted the same as his (their) free act and dec . LINDAS. VEE w NOTARY PVIBLIC-MINNESOTA \ « VW.ri'-/ HENNEPIN COUNTY 8 S Mv Ccmmimiyi Excite*. ;an 31 2CuO .*, notary public Paae 4 of 5 ft* mm • t ► CITY of ORONO resolution of the city council NO 3i5Qg______ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this wi dav of ^ 199 ___, before me a Notary Public „-ithin and for said County. ^ who executed the foregoing instrument, and known to me to be the person(s) f„e act and deed, acknowledged that he (they) executed the same as his (tneir) Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this wi dav of 199 , before me a Notary Public ) —---- „ ithin and for and who e.xecuted the foregoing instrument, a.iu known to me to be the person! ) (their) free act and deed, acknowledged that he (they) executed the same as his ( ) .Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this dav of ,199 . before me a Notary Public II uuo _____________________' ------------------------- , _______________________________________ „ithinandforsaid County, personally appear ' —: ^ ^vecuied the foregoing instrument, and known to me to be the personfs, f his (S acknowledged that he (they) executed th- same as (th ) Notary Public Paee 5 of 5 ^ ^996 REQUEST FOR COUNCIL ACTION OTVoe DATE: February 6, 1996 ITEM NO • • Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2096 Kevin and Diane HoJmes/Orchard Park Farm Inc. - 555/585 Stubbs Bay Road North - Subdivision of a Lot Line Rearrangement - Resolution Zoning District: RR-IA Total area of property = 39.07 acres. Areas of each parcel as a result of the lot line rearrangement Required = 5 acres Proposed Parcel A = 33.87 acres Proposed Parcel B + C = 5.2 acres. Brief Review of Application The application involves a lot line rearrangement of the properties located at 555/585 Stubbs Bay Road. Parcel C or the homestead parcel at 2 acres was created in 1970 and conformed to the required zoning at that time. In 1975 with the creation of the RR-1A Zoning District, the lot became nonconforming. The current div'ision will bring it into conformance at 5.2 acres. Approval of the subdivision has been conditioned on applicants granting road and utility easements over 33’ of right-of-way of Stubbs Bay Road. The owner of Parcel B + C has been asked to grant drainaue and utility easements along the e.xterior lot line to be e.xpanded to a 20’ width at the south\vcst comer and along the south lot line to include a drainageway that intersects tlie property. Planning Commission Recommendation Planning Commission recommended unanimous approval of the subdivision as proposed. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. yt 0.Y TV-'- A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 555 AND 585 STUBBS BAY ROAD NORTH FILE NO. 2096 WHEREAS, the City of Orono is a municipal corporation organized end existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Kevin Holmes and Orchard Park Farm Inc.(hereinafter "the subdividers") of properties legally described on the surv'ey attached to this resolution as Parcels A, B and C (hereinafter "the property"); and WHEREAS, the subdividers have compitied all requirements of the City for a metes and bounds subdivision (Class I) of a .• ■ r.;e rearrangement for division and combination purposes. NOW, THEREFO kE, be IT RESOLVED, that the City Council of the City of Orono hereby approves the metes aiid bounds subdivision of a lot line rearrangement for the subdividers as shown on the Certificate of Survey by Mark S. Gronberg, a licensed surv'eyor of Coffin and Gronberg, Inc., dated December 1, 1995, revised January 31. 1996 and attached to this resolution, subject to the following conditions; 1. Upon the approval of this division by the City Council, Kevin Holmes shall apply to the City for the legal combination for tax purposes of the parcels described as B and C in the above referenced sur.ey. 2. Hie subdividers shall grant road and utility easements to the City over 33' of right-of- way of a public road shown as Stubbs Bay Road North on that same survey. Page 1 of 2 3. 4. 5. 6. ATTEST: Kevin Holmes shall grant drainage and utility easement along the exterior lot lines of Parcels B and C. The aforesaid division shoun on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before August 12, 1996 together with a certified original copy of this resolution. The subdividers are hereby advised that in order to fulfill the intent of this subdivision, that additional documentation must be created to provide for the legal transfer of Fee Title and granting of easements. The approval granted by this resolution shall expire if the div ision has not been fi'ed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdiv ision review. Adopted by the City Council of Orono. Minnesota this 12th day of February, 1996. Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996 by Edward J. Callahan. Jr. 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 Pace 2 of 2 < rt- TO: FROM: DATE: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator January 8, 1996 3 SUBJECT: #2096 Kevin and Diane Holmes/Orchard Park Farm Inc. - 555 and 585 Stubbs Bay Road North - Subdivision of a Lot Line Rearrangement Zoning District: RR-IA Total area of property = 39.07 acres Application: Applicants propose a lot line rearrangem-nt of the properties located at 555/585 Stubbs Bay Road that would result in the existing 1.5 acre lot located at 585 being upgraded to a conforming lot within the 5 acre zoning district. Pertinent Ordinances Section 10.27, Subd. 5(B) - RR-IA lot standards. Required = 5 acres Proposed Parcel A = 33.87 acres Proposed Parcel B + C = 5.2 acres Section 10.03, Subd. 9(C 24&3) - Oversized accessory structure area standards/setback requirements. A. Allowed area for oversized accessory stiucturt / t- acre parcel) Allowed = 2.200 s.f Bam - 1,125 s.f Shed = 990 s.f B.Setback Required Proposed Required Proposed 50' side 75 ’+ 100' rear 300’+ Section 11.10. Subd. 10 and Section 703, Definition 66. Class I Subdivision - Subdivision is required because of the need to dedicate right-of-way of road as botli lots meet the RR-IA zoninu standards and would normally not have been required to follow- through with the subdivision application. Zoning FUe #2096 January 8, 1996 Page 2 List of Exhibits A • Application B - Plat Map C - Property Owners List D - Survey of Metes and Bounds Division 10/13/69 E - Topographic Map F - Wetlands Map G - Proposed Division Description of Application Refer to Exhibit D, Parcel C, the 2.0 acre parcel was created by the City ia 1970. Zoning at that time would have required that the lot meet the minimum 1 1/2 acre area. In 1975 the lot became nonconforming when the RR-IA zoning district was created. The proposed division and combination will bring the legal nonconforming lot into conformance with current zoning standards. The accessory structures located on larger parcel were nonconfomting as there is no principal structure on the property. The subdivision will now bring the structures into conformity. Mr. Holmes has advised the owners of the larger parcel have allowed him to make use of the structures. Review Exhibits E and F, there are designated wetlands in Parcel A that City will obtain Flowage and Conservation Easements over when property is further subdivided. The owners are planning to sell properties owned by Orchard Park Farm Inc. for future development. 1 he drainageway defined on topographic map should be reviewed by engineer to determine need for acquiring a drainage easement over Parcels B and C as City will not be dealing with a future subdivision of the 5 acre parcel. The City will ask for road and utility dedication for 33' of Stubbs Bay Road by both property owners. Staff Recommendation Staff recommends approval of the lot line rearrangement as proposed for Kevin and Diane Holmes and Orchard Park Farm Inc. involving the properties located at 555 and 585 Stubbs Bav Road finding all standards of the RR-IA zoning district have been satisfied. Approval is subject to the following conditions: Zoning File #2096 January 8, 1996 Page 3 1.Prior to the application being scheduled before the Council for approval, the applicants’ surveyor shall provide an amended survey including signature lines for all property owners, mayor, clerk and date of Council approval. 2.Applicants to grant road and utility easements over 33' of right-of-\vav of Stubbs Bay Road along east side of all three parcels. City Engineer to determine need for dedication of drainage easement over diaiaageway in Parcels B and C. i L Pc CITY OF ORONO - SUBDIVISION APPLICATIQ .0 Property Identification Number (PID)^S^-’/f^-ZS^^^I Please check one - Property X abstract or____torrens? Attach legal description to application. APPLICANT Address Lu^J£, cJUtE. HtJ City (S)CK£i^ UM&LXixMi g^-________________ H/V^^ KAtJ, Phone(homeyp4-73>67^ Zip sg3g<?Phone (workW^V • Tfclg ^7 / * - ,.0\VNER (if different than applicant) “ Name _____<jV7g. As A&gVg Address Citv Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Ta.x Parcels Development Size Present use (check)1/ Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units___i Other (specify)_________ Present Zoning District Ee-/A PROPOSAL Division for Ta.x Purposes Lot Line Rearrangement Only (no new huddling sites) Subdi'Msion for New Building Sites Number ofBuilding Sites _________Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ #» NnNlMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to 'application fees’ listed below). 2. Completed application form. 1. 13^,S a.d p,« ^ (you .uo. obcain Uuo ,i«. U^U aud Hennepin County Department of Finance. A-603, Government Center, 348-3271). ,nniir-itmn 5. As an addendum to »liis appUcation. please attach a separate list of any other persons you wish notified of this appheauon. Zoning Official’s Signature ________________________________________^ *• *. -a j ' ---------------------------------------- MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. • • 5. Developers Agreement and Letter of Credit. ^ ^ • ' n ' ' • Zoning Official’s Signature ______________________________________- ^ I. APPLICATION FEES (Zoning Administrator to check [XI those which apply) A. Application Base Fees: Sketch Plan Review (Class 1. 11 & HD $200.00 Subdivision of a Lot Line Rearrangement $300.00 Totals -------- sJwSn J $32"^^^ S25.00/lot (Class 111 & all non-residential) _____ Final Plat Application (Class HD $175.00 Legal Review and Filing: Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) . n -------- ReLwal of Class I and II Subdivision Application $150.00 (No change from onginal application) -------- Renewal of Class HI. Prelir.unary Subdivision Application $150.00 (No change from ongmal .app .cation) -------- Renewal of Final Class HI Subdivision Application $100.00 (No change from ongmal application) B. Special Improvement Fees: ,• e. ca _ c Proposed Private Roads $600.00 -b S.50/lineal ft.;--------Im. ft. x .50 S--------- -------- Proposed Public Roads $900.00 -b $^50/lined ft.; ft. x .50 = $-------- Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension S250.00 + S25/stub Proposed Watermain Extension $250.00 -b S25/snib Proposed Storm Sewer System (excluding culverts) S200.00 -------- On-Site System. Site Evaluation Review (applicable to niral subdivision applications) S50.00/new lot proposed for on-site x_____new lots C. FIc.xible Application FeesAIisc. Variance S200.00 .......... Easement Vacation Associated with Subdivision 575.00 ' PRD Application with Subdivision S.)0.00/Dwelling Unit •m- 1 , H.r,.hv larees to Provide all information required or requested by the Zoning Administrator. City Engineer. City “ P-7 “PP'“““ established by ordinance / 'Z /vi/. Date f Applicant’s Signature ^________________________ r^. Owner’s Signamre ^— d> ^(.'Z Date meetmgs -re , aoplicant is unable to attend a scheduled meeting, please make arrangements to have an authorized JeTS Zon,„g 0,f,cc o( pno, .0 i. '' MM DATE lt/lS/95'/ iv BATCH 507^ •.;^;yPIW ADDR .t>ps0lf€ll NAME fi^£TAXPAYEIInahe/aimni"J'-l Nl ‘I I i * - • L.W'W I ADDfl •• •. • 'sa^ st-iio-ts 12 00010S580 HAYZATA BLVD M H HXLLIAM LURTON H NZLLXAH LURTON 5135 JAMEST0M4 RO UMO LAKE HN 55360 HEMCPXN COUNTY PROPERTY XNFORHATION SYSTEH PROPERTY OMCRS LISTSB 32-118-25 13 000200530 STUBBS BAY RO NJ A J E6ERMEIERJANES S A JANIE F E6ERNEIER530 STUBBS BAY RO N LONG LAKE NN 65350* • *1 ' l' i^PROP AOOR .-;{^NB>(»tCR NAHE •{IW'TAXPAYER 1:41,1; MAHE/ADOR } sA?> - • ’?;•»! i*' ■ ■'.* ;; f ; nr PROP AOOR ' ; jA^.>0»MER NAME p:. NANE/AOOR ; •;;n ■. . •AT?v- »;1ii PROP AOOR 4 ;fN(»tlER NANE TAXPAYER . NAfC/AODR . Il'lc ■ ■■ ,4;;^y PROP ADDR , >f> OIMER NANE f;'* ‘ TAXPAYER 'A* NANE/AOOR r \ > .• •i'—. V'l: • ! PROP ADDR OIMER NANEni; taxpayer . > NANE/ADDR r.-,« 58 32-118-23 13 0004 00440 STUBBS BAY RO N FREDERIC P RXEBEL FREDERIC P RIEBEL P O BOX 194 LQNB LAKE m 55350 • FV'V « . 0 38 32-118-23 22 0004 0003B ADDRESS UNASSIGNEO ROBERT T NICKELSEN ETAL JXH NHALEN 14425 38TH AVE N PLYHOUTH NN 55440 38 32-118-23 24 0003 00485 STUBBS BAY RO N R C JOCHINS A S J JOCHINS ROBERT I STEPHAtUE JOCHINS 4B5 STUDBS BAY RD N LONG LAKE NN 6S3S0 .*. A • ' ,- • 3B 32-118-23 31 0003 ' 00355 STUBBS BAY RD N T R SCHUPP A J N SCHUPP TINOTHY R/JEANETTE N SCHUPP 355 STUBBS BAY RD N LONG LAKE m 55356 38.32-118-23 42 0001 00400 STUBBS BAY RO N RICHARD N STUBBS RICHARD N STUBBS 400 STUE.OS BAY RO N L0(« LAKE m 55356 . I V xT’-'’5 .» 38 52-118-23 21 0005 00605 STUBBS BAY RO N SAN KROGNESS STEPHEN H KROGNESS 605 STUBBS BAY RO N LONG LAKE m 55356 38 32-118-23 23 0006 00038 ADDRESS UNASSIG»CD STEPHEN D TONLE STEPHEN 0 TOHLE 5115 PlhtUCLE OR OLOSNAR FL 34677 ' 38 32-111 0003B ADDI LISLE VICKERI ORCHARD PAJlK^ FARN 3980 MATZRTONN RO NAPLE PLAIN ttl 5535< 38 32 118-23 32 0001 03940 WATERTOHN RO V H A K P NELIN V HILLIAN A KATHLEEN P NELIN 3940 HATERTOHN RO NAPLE PLAIN m 55359 TOTAL BATCH 507 00016 % ’ • REPORT NO. PI43540138 32-118-23 13 0003 00480*' STUBBS BAY RO N TODD H A DONNA N CAUSE TODD A DONNA GAUSE 480 STUB8S BAY RD LONG LAKE NN 55356 38 32-118-23 21 0006 00038 ADDRESS UNASSIGNED BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY 38 32-118-23 24 0001 00585 STUBBS BAY RD N • K HOLNES A 0 HAERTEL HOLMES K HOLNES A D HAERTEL HOLNES 585 STUBOS BAY RD N LONG LAKE m 55356 38 32-118-23 31 0001 00385 STUBBS BAY RO N PANELA F GREGORY PANELA FROST GREGORY C/0 HOLLYBROOK A CO 400 BAKER BLOG NPLS HN 55402 38 32-118-23 32 0005 03850 HATERT06M RO . S N A C A HARRIS . ; STEVEN N HARRIS 385 TURHAN RO NAPLE PLAIN NN 55359 .Si .1 * ■ : ,-i‘ .r ♦ ^2 > t . M \ . 'f » » » ••* i • •• ■. • v'iTi>JIUN DATE ItnS/W «; . v- . •:.-.• •,•;• .7 *. 21 0009 ■ •-^•?' ai ‘ -I' ’ ' ' ' STEPHEN DAVIS TOWLE■ .a; STEPHEN DAVIS TOWLE V.'.; 5115 .PINNI ACLE DR •4VOLDSMAR FL 34677 ‘.'■i . . • •V' ‘ • • •' ? ^** *"^ % * ^ » ..*V• * ' ^ • '. • . . ^ • **• / /i^ ' • V* *■*.' -f * ' • •. • • I *' • -i" :■>';'■•■• * 1 » ■' i ' ** » * 'p t - \ ( f: '^i '.• / A, :* ; fp j ^ ^ . # « •* •» » Viv,, 'I •» * " ; ‘•'7 ■: <'I * . * • f • li:. / t • '••1:«.5 ■’,i‘ \ >< ' i5'- • \ • ‘ » I.»*, • • ^ C i'^^i \‘ ' * • ‘V ^ ■ 'll* * ‘ '• i * '^1' *' ■ ■ •*■•. ti< . •' . ' . V j** ■mK hf ■• • . r I- HEMCPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OMCRS LIST REPORT NO. PZAIB401 , PAGE 28 .:•■-■ T a4>.1 ■‘J . } '. ;» .••I •,* , , 38 32-118-23 23 0008 460 ORCHARD PARK RD ROBERT J & LORRAINE ROBERT J & LORRAINE 460 ORCHARD PARK RD LONG LAKE MN 55356 38 32-118-23 24 0005 f • • \ ■Tf* f.‘ • . % 4 RODEN RODEN ORCHARD PARK FARM INC ORCHARD PARK FARM INC 3980 WATERTOWN RD MAPLE PLAIN MN 55359 Vv 1- • '-1.-'"-♦J i • ‘ ; r ; •: I-.- '• •. > * *.*/v * *;. ‘ ’( •.* . I • ' CD » ' * • 4 • t r’ . k‘ • i ! *'• •■'I’ ’--,,:-4;r;:;'*.ir4v4S • 9 • .. V 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 KNOhLEDGE AND BELIEF. ■ r - • , V *' f *1 r .V*"\ •t . t • . -f, —J * ; i : j - jt>. i'f-'i'M-*'' • ' DATE mbJ * t * V* ■■ ... ' .'• •• ■,' . ••• i r- . ' . ' . v»4 ‘ f.:; - ; ' i. * • n ;. , • Y‘!- " ; ; Y. . » ••! *‘ 'r • i ;»• • .* , ; f . fFj- 7. >:>••• -I'.i' •• • ; *• •. • . ‘‘‘ • ‘ . •• iU'v.( iyf: ;•■ - ,.\Vv Kj. •■ C, -fr..O f •■..,... i-'h f - m <n —'-^r-A/ • j * -r i*.\- 1:^:/f.Vr »\y'*;F-^ ^ « ^- t V^I. r. IM '.*u:<:cr: 'J ^ % m.,-f -^0 __ i.‘-'-'<TZ^'^ ittV x.55fe'A-’ ,'>’V- ^ w.•»>V. ^ S~, *^ • ^' S' • ^ ^rm,7.^ •. ^ J*^* * I__ i /: r * - .S" r':. "• • • •- - :.'^S^<S'-r^ •%? "v-. - •• - , *rA - .--i - ^ * ^ • £ >• * ••«» 1 •■ '2* A> * ’*/ /--^•1 r:*.' -T' ■ V,' • •- '- ' W V ^*. •-*ifik '.V r. ^ Zm7^^ V.n;:^J7A:> " >>-»*-^7^mv p$::<•. •- ST? ill» t-^4',>i. » ^ ' :T *1‘ V: .-•Vr mSTmi rcss^risS ^ 4^2iC4a*< -m cS request for council action DATE: February 2, l^A/b ITEM NO.: ^ Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2097 Patricia Guttormson, 3315 Crystal Bay Road - Variances - Resolution Zoning District: LR-IC Total area = 14.530 s.f. Adjusted area = 11,030 s.f. (-350 s.f of Crystal Bay Road) Brief Review of Application Applicant seeks approval of hardcover in 0-75' >t it''ick area, lakeshore setback, average lakeshore setback and rear setback variances for structural/foundation improvements to an existing detached garage and for the rebuilding of an attached deck at the lake and west side of the existing residence. The applicant’s son-in-law had obtained a building permit for repairs to tlie detached garage and soon realized the need to replace the block foundation and replace cement floor. The structural improvements required variance approval as structure is located completely within the 0-75 setback area. The other part of the application involves a request to rebuild the attached deck which consists of 540 s.f to be reduced in area to 367.9 s.f. refer to Exhibit G. The deck will encroach no closer to the shoreline nor will it extend closer to the rear setback line or extend any further beyond the average lakeshore setback line than the existing deck. The lot coverage excess exists at 16.1% and w ould be reduced to 14.6% as a result of the reduction in the deck area. Hardcover has been reduced 130 s.f within the 75-250' setback area and 172.1 s.f in the 0-75' setback area. t\ ■'?*■*.* refer to the factual findings on pages 1 and 2 ol the enclosed staff memo dated 1/8/96. Ma;vt. •. Cl «n the 75-250' setback area will now conform at 22.2% (existing = 26.28°/o). Tlie Planning Commission accepted the hardship statement of applicant also noting the dilficulty of asking for additional paving removals in an area where off-site parking is a necessity. .-.ip Request for Council Action continued page 2 of2 February 2,1996 Zoning File #2097___________ Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed based on the hardships presented by applicant. Exhibit D. The Planning Commission also noted that the proposed improvements would result in bringing the lot into conformance with lot coverage at 14.6% and hardcover in the 75-250 ’ setback at 22.2%. * COUNCIL ACTION REQUESTED: A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 (A) & (B), AND 2; 10.25, SUBDIVISION 6 (B) FILE #2097 WHEREAS, Patricia A. Guttormson (hereinafter "the applicant") is owTier of the property located at 3315 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 2, 3, 4, Wallace’s Addition to the Village of Minnetonka Beach and adjoining 5 foot strip of railroad right-of-way, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for afler-the-fact variance to Municipal Zoning Code Section 10.22. Subdivision 1 (A) and Subdivision 2 to approve structural repairs to the foundation of an existing detached garage located completely within the 0-75' setback area where no structures are allowed and variances to Section 10.22,^ Subdivisions 1 (A) & (B), 2 and Section 10.25, Subdivision 6 (B) to permit the rebuilding ot a deck to the lake and west side of the existing residence to be placed 44' from the shoreline where a 75' setback is required and where a 44' setback exists. 7’ in front of the average lakeshore setback line where no encroachment is allowed and where a 7' encroachment e.xists and 19' from the rear lot line where a 30' setback is required and where a 19' setback exists. Both improvements will result in hardcover reductions as follows: A. 0-75’sctback area = 7,830 s.f (just for area ot Cr\'stal Bay Road) Allowed = 0 Existing = 2,692 s.f. or 34.4% Proposed = 2.519.9 s.f. or 32.2% Hardcover reduction of 172.1 s.f. or 2.19% Paize 1 of 7 F B. Minnesota: 1. 2. ' J. 75-250' setback area = 3,200 s.f. Allowed = 800 s.f. or 25% Existing = 841 s.f. or 26.28% Proposed = 711 s.f. or 22.2% Hardcover decrease =130 s.f. or 4.06% No variances required NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2097. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring 1/2 acre in area or 21,780 s.f The property consists ot 14,5a0 s.f, adjusted area = 11.030 s.f (-3,500 s.f of Cry stal Bay Road area). The Orono Planning Commission reviewed this application on January 16, 1996, and recommended unanimous approval of the variances as proposed based upon the following findings: A. The proposed improvements will result in a structural coverage reduction bringing lot coverage into confomiance at 14.6% where 15% is allowed and 16.1% exists. B. Hardcover in the 75-250' setback area shall be reduced from 26.28% to 22.2% no longer requiring a variance. C. The age and condition of the two story garage structure required structural repairs rather than simple repairs. Applicant's contractor had obtained the pemiits to do repair work on garage but soon realized the need to do the structural repairs to the foundation. Pane 2 of7 Jfr- D. E. F. H. The garage and storage above are the only storage areas on the property that contains a small residence with two small closets and no basement area. Deck is deteriorating and unsafe. The deck has been designed so that access is provided at four doors that open out onto the deck. The redesign results in a reduction of 172.1 s.t. ot deck area. There is a need to retain as much off street parking on this property as there is no parking on Crystal Bay Road. 3.500 s.f of City road encroaches the property via a prescriptive easement. The majority of the lot is located within the 0-75' setback area (7,8.>0 s.t. in the 0-75’; 3,200 s.f in the 75-250' setback area). 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 alTect 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 necessar>' to preserve a substantial properly right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. 1 he 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 efiec; 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 hercbj urants variances to Municipal Zoning Code Sections listed above to permit the reconstruction of a deck at the lake and west sides of the e.xisting residence and to approve structural repair to an existing detached garage subject to the following conditions: Pace 3 of7 1. 2. 3. 4. ATTEST: All existing hardcover improvements scheduled for removal and as shown on Page 7 of this resolution shall be completed prior to the footing inspection for the new construction. 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 (February 12, 1997). 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 herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of February, 1996. Dorothy M. Hallin. City Clerk Edward J. Callahan. Jr., Mayor Property Owner(s) Page 4 of 7 11 •r * STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day ot February, 1996, by Edward J. Callahan, Jr. & 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 Pace 5 of7 T h 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 exwuted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC 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 foregomg instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC 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 Uie person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 ['i (? lake MINNETONKA ; ■,; VV.;;..: ^ .3S?^^»1 TO: DATE; Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator January 8, 1996 /o. SUBJECT: #2097 Patricia Guttormson, 3315 Crystal Bay Road - Variances Public Hearing Zoning District: LR-IC Total area = 14,530 s.f. Adjusted area = 11,030 s.f. (3,500 s.f. of Crystal Bay Road) Application: Applicant seeks approval of hardcover, lakeshore setback, average lakeshore setback and rear setback variances for structural/foundation improvements to an existing detached garage and to permit the rebuilding of an attached deck along the lake and west side of the existing residence. The following ordinances arc pertinent for this review. Section 10.03, Subd. 14(C) - Review of structural coverage. Adjusted lot are? ~ ' i.*'‘'0 s.t. Allowed = 1,6^^.5 s.f. or 15% Existing = 1,784 s.f. or 16.1% Proposed = 1,611.9 s.f. or 14.6% No variance required Section 10.22, Subd. 1(A) - Lakeshore setback variance A. Garage Required = 75' Existiiig = 38* Proposed = 38' Variance = 37' or 49.3% B. Attached deck Required = 75' Existing = 44 ’ Proposed = 44' Variance = 31' or 41.3% Section 10.22. Subd. 1(B) - Average lakeshore setback variance. Allowed = 0 Existing = 7' Proposed = 7' r Zoning File #2097 January 8, 1996 Page 2 Section 10.22, Subd. 2 - Review of hardcover. A. 0-75' setback area = 7,830 s.f. (adjusted for area of Crystal Bay Road) Allowed = 0 Existing = 2,692 s.f. or 34.4% Proposed = 2,519.9 s.f. or 32.2% Hardcover reduction of 172.1 s.f. or 2.19% B. 75-250' setback area = 3,200 s.f. Allowed = 800 s.f. or 25% Existing = 841 s.f. or 26.28% Proposed = 711 s.f. or 22.2% Hardcover decrease =130 s.f. or 4.06% No variance required Section 10.25, Subd. 6(B) - Rear setback variance for rebuilding of deck. Required = 30' Existing = 9' Proposed = 19' (new deck will be installed at same rear setback) Variance = 11’ or 36.6% List of Exhibits A - Application B - Applicant’s Addendum C - Plat Map D - Property Owners List El-2 - Hardcover Faei Sheets F - Sur\ ey G - Improvement Plan Description of Request Applicant seeks approval of after-the-fact lakeshore setback and hardcover variances for major structural/foundation improvements to an existing detached garage to the lake side ot the e.xisting residence. Applicant’s contractor had obtained the necessaiy' permits for minor repairs to the detached garage. Once the repairs were begun the contractor soon realized the need to replace block foundation and a new cement floor was poured. This type of structural improvement required variance approval as structure is located completely within the 0-75 setback area. ;-V Zoning File #2097 January 8, 1996 Page 3 The application also involves a request to rebuild an attached deck located to the lake and west sides of the residence. It exists at 540 s.f. and will be reduced to an area of 367.9 s.f. The deck will encroach no closer into the 0-75' setback nor will it extend any closer to the rear setback line or e.xtend any further beyond the average lakeshore setback line than the existing deck. Lot coverage exists now at 16.1% and would be • duced to 14.6%. The existing deck appears to have no impact upon the views of the adjacei*t residences. The applicant also proposes a reduction of some 130 s.f of hardcover within the 75-250 ’ setback area existing at 26.28% and proposed at 22.2%. Statement of Hardships Refer to Exhibit D, applicant's addendum notes the following hardships: 1.Applicant notes the age and deteriorating condition of structures specifically garage foundation and cement floor and were found to need complete replacement rather than a "patch up". The garage and storage above are the only storage areas on the property that contains a small residence with two small closets and no basement area. Deck is deteriorating and unsafe. The deck has been designed so that access can be provided at four doors that open out onto deck. The redesign results in a reduction of 172.1 s.f of deck area. Tliere is a need to retain as much off-street parking on this property as there is no parking on Civ'stal Bay Road. 3,500 s.f of a City road encroaches the property via a prescriptive easement. The majority of the lot is located within the 0-75' setback area (7.830 s.f in 0- 75', 3.200 in the 75-250'). Issues for Consideration 1. Should other hardcover removals be required? 2. Structural coverage is proposed at 14.6%. Should deck be further reduced? J.Other issues raised bv Planning Commission. 'TT" Zoning File #2097 January 8, 1996 Page 4 Options of Action To approve as proposed or amended. Any recommendation of approval must include the condition that hardcover improvements scheduled for removal must be completed prior to the footing inspection for the new construction. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) #9riQ *77F S PROPERTY INFORMATION r. \ Site Address \9^ Cr£>v^\^ — Property Identification Number (P.I.D.) 11 U"7~ M. 1 —Qo\ZL-------------------- Attach legal description to application if not included on required survey. Dace Property Acquired. a| q^ ------------------(monih/year) I (do) (do •'^t) also own the adjacent parcels of land. Present use of property: residential ____other (specify) Zoning District: L ~~ I ------------------------------ Appj^j^ Ajq'j ’ Phone (home) M**1 ^ ~ ^ ^—I _ Name a,V<-,-rAoc fi, S&n Phone(work) AHHrw;: A ccf. I fti.u ft. A___City: Qf(>nC>----------------Zip.Jxiiiii OWNER (if different than applicant) Name __________________ Phone(home) Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: a c <U.c.W-—tn—S-W-t CyA-VCi..C^----- ^ foft'ir'h nHHifinnnl(anSch additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side Lot Coverage_ Hardcover ___ Rear (/Average Lakeshore Other (specify) L rXa .i HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual propeny conditions preventing compliance with Zoning Code requirements: cAHckcULd-—‘i ----------------— (attach additional sheets if necessary) A \ II I REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vou»* appH^tion to be considered coniDlet6: a © Completed Application Fonn 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 retmired. In addition, provide one (1) copy 8 Vi x 11 for 4. d) 7. —Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8Vi x 11 for reproduction.^^ Sketches or plans of floor & elevation views (provide one (1) copy 8 ‘/i" 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 8. you wish notified of this application. tX^dditional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yotir variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all infonnation required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signamre^ CctutcC*. Date_ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further auiliorizes reasonable entry onto the property by CUy staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner’s c^iiznarure i (TtvVtCjLCi .a hM.-vwa Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held cn the third Monday of each morith. 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 diis change prior to the meeting. I r . I . f The City of Orono December 19, 1995 RE: Property at: 3315 Crystal Bay Road I bought this home in March of 1995. It was in need of a few repairs, one being some of the blocks in the garage foundation were crumbling. I had a masonary man come in to repair them and he ended up replacing the all. Also the cement floor in the garage was cracked and crumbling so he replaced this. It was not my intention to do this much work, but it became necessary. This garage and storage above is the only storage I have. My home is a 1920's cabin and has 2 small closets and no basement. My deck on my house is deterioting and I would like to replace this. I have 4 doors opening onto this deck. I would reduce the hardcover by not rebuilding this deck as large as it was, but by making it smaller on the driveway side. I could also remove a patio in the rear of the house. I cannot reduce the driveway as there is very limited parking on the narrow road in front. There is a 2 foot wall on the road to hold back the elevation, this is the original wall and also has steps in front needed to gain access to the road. The cjty road encroaches this property. The majority of my property is located in 0-75' ; J - , Patricia A Guttormson /o' ' ' X,\8S) ■' w'^'" V-A'o' ' / ^ tCH)l >••■ 9S AV ^'\/'^ (WP) ■h-iz-m-u 5>^c^\ ................ ...............................-; - ^S- \ .....■*■.........Tf-ii-Lii-u '’' <3-' '?.\ 'ftc -.9 y'..^s> "c\( )V x^->'\ ! 7') \ %'''n\ ^r> V' X ■ fi. {,'So'.'. \' \• « (9) £/X'y (fvsa '-'"'><NtJ'.ri' i >Ai'>y \69I A\ /,xy-'' v- r<Mv:i.( t' \.p5?' ■ A '>X'- •^' ■v,. •}" • • '«y. rl / A(^) s(0Z)^\ si'" ' ' ■ XcA VAA V- ..\ G \ sfeAcA v;-\ -Vv xX^X" \ (91 )x>;:::;x^^ •H0V3a VNN0i5K/lI/l JO 30VTUA 3Hi Oi MOI/IOGV S,33V11V/A S3 ‘Z9 ‘511^ ‘it' S :0y JO iM3’r'l30NVyyV3::: <i' \ '■‘ O'. ' X' *o» Q - ■, '4,'i-'(6> • \ ;*• ^ “•’’:> vA " Q '/ }•> I .rs-, \ >-s .■% •A'y \ .' .Sry w \ / V y '• ■ \ / * \ \ 'r^J / .‘S. '\/ •j ✓ y y s ■*;Tr| MJN DAT! It/M/fS ?. • BATCH SOI .hU BIWP AOOH ' , ' OfCB NAME HENNEPIN COUNTY PROPERTY INTORHATIOM SYSTEM PROPERTY OiOCRS LIST ‘ TAXPAYER NAME/AOOR ; . . < ^ J'’'" "' ■ V'< ' MOP AOOR ONNER NAME IV: ■; TAXPAYER X,..; NAME/AOPR ':i4. ■ 4 i. / - V*. . . ■ ' ; ; PROP ADOR w;' OltlER NANS • TAXPAYER t* < NANE/ADDri SB 17-117-ES A1 OOOA OEIAO KEtMOOO NAY S P OIMHICK A B DIltaCK STAR A TRIBUNE EMP CREDIT UN 025 PORTLAND AVE HPLS NN BSOBB SB 17-117-2S 01 0007 ODOSa ADDRESS UNASSIGNED CAL ROOD SO 17-117-2S 01 0005OOOSO ADDRESS UNASSIGNEDCAL ROOD CLAIR ROOD 2215 KE»MOOO NAY NAYZATA TM 55591 CLAIR ROOD 2215 ke;o«x NAYZATA MN NAY 55391 (■ , Ov. - ' .V •..-Tt: • ' 'r-> I r ••• V.- PROP ADOR ONNER NAME TAXPAYER NAHE/AODR SO 17-117-25 01 0016 05309 CRYSTAL BAY RO V N HELIN A K P MELIN V NILLIAH A KATHLEEN P MELIN S309 CRYSTAL BAY RO ORONO MN 55591 50 17-117-25 01 0019 03529 CRYSTAL BAY RO MICHAEL J FINLEY MICHAEL J/PATRICK M FINLEY 3329 CRYSTAL BAY RO NAYZATA MN 55591 50 17-117-25 01 0015 05295 CRYSTAL BAY RD MARK C ZAGARIA HARK C ZAGARIA 1526 21ST AVE N E ROCHESTER MN 55906 30 17-117-25 01 0017 05515 CRYSTAL BAY RD PATRICIA A 6UTT0RHS0N PATRICIA A 6UTT0RHS0N 3315 CRYSTAL BAY RD NAYZATA MN 55391 30 17-117-25 01 0020 03555 CRYSTAL BAY RO LARRY H NELSON LARRY H NELSON 5335 CRYSTAL BAY RD NAYZATA MN 55391 O: *A . i* . ^ .» / ' REPORT MO. PZ03S001 PAGE30 17-117-25 01 0006 00030 ADDRESS UNASSIGNED CAL ROOD CLAIR RCnO 2215 KENHOOO HAY NAYZATA MN 55391 30 17-117-25 01 0015 03205 CRYSTAL BAY RD HEATHER M JOHNSTONE HEATHER H JOHNSTOC 5285 CRYSTAL BAY RD NAYZATA MN 55391 30 17-117-23 01 0010 03325 CRYSTAL BAY RD D H STANTON A B L STANTON DENNIS M A B«--KY L STANTON 3325 crystal BAY RD NAYZATA MN 55391 38 17-117-25 00 0100 03200 NAVARRE LA CLAIR T A LYNN D ROOD CLAIR A LYNN ROOD 2215 KENNOOO NAY NAYZATA m 55391 If; : V.- w.'. j : .. -r- Af, r /ftk ‘ li , Xi .... >» t 1. A 4 V' ■n: * i.r•••• 5. - ; ;iiA V- j, ’• i' I";!'!, v" ; (.< ■ r. ■ (,i• r' •, 1- ' A. ' VA'-'■ .• y*: a'Y t.'■ ‘ f ■ *rp PROP ADOR 0I«4ER NAH^ $ ■. I •• 4 *1 X TAXPAYER TOTAL BATCH SOI 00012 . • f • ’.i •-.it* A NAHE/ADDR • • »*.tI-o:. 14 O'v' ■ * * I • * • 8 ■ ... ' U * • ■ til MilM ‘' ' ii' ■•'■ ^'■ •• • ■■.. ,i-i- ’I\ \ •f >«i: ■ t • %i I ' ' • I *. i ^ f I } r. :‘t, . HM i:i { ' •V' . M i- : • ‘ .?.r'4 ’ ; I • ‘ < - 'f . '' ’ ! ^ V V i ‘ Ui ' r"' r V ' •sN.cffi'' ■:-i rv'!- •jM • • ! • -i • •, * V * f: 'i . ./< In- ’ ■ ■••! •• ■ >? ' »"• V.- »l!. - ■ ••: h"\: h V. i.■Hi'i'iri!’ ■ *• > f.vi> ^ . 2 Ii ’ ^ ,■ fv ;U^■>- "ifijiiii'Sj.ii' ' ■ .'’i'*' ‘ ■■*' ''■• •'*'*Mmm date iu/9%/n4iW'- ' '■•' ’■’■'-•‘‘^•AICH BOl 4 V / *HENNEPIN COUNTY PROPERTY INPORHATION SVSTEH PROPERTY OMCRS LIST REPORT NO. PIASlAOl « PACE i-4i * t .L''%*. t• V-'- ^• /■'■•••.4 V .-.-••v V . .Y >•,• V' •: • ‘X'\ : . V-'V;- ■•■;■ i. •;.!K.’ •• ■; ,i> ■■ '. • , ■ .’.V- % ' ■ , ■ t** 'V V' ’ ! . • ‘I' •Jvii.Vi'4: ,■ , ■ *?V> • * • * » •. V . I ’ * •• P * ■ > *4 J •• .T 4 . ’ . : . t 'r:. ■ . ^ ill :» ,:i •J ,.JL. ,rr . , , “S, -. V;.. ,-• ' : A. • . • k' • * i; r 1 ; ' • A ‘ r*. • ••* i . .* 5. S' I- ^ A.. t. r-M ' •VV-'Vj''/.•’•■. ■ •'•*• V 4 ►' “* *ff •»*♦ V . * f* V' ‘ '‘■n •;. ■ • ! i;; '• }•■'.•j i j.’- ; X4 :-.;i I \i ; P^ ' '1 • ■ r t ^ ■> 'i A-.-.'{i'; .' f ;• ' *. f «'. VC• • t;f«-! • •■ ft .; y. ■ ■ . ^ !. '"■• *■ ■ ’" ‘’•[•'J ■' ■ •'*( f'i- OF HY KN0HLED6E AND BELIEF. ■i«: n:f: DATE n D. SidcwaJk E. Paiio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X _S.F. • S.F. G. Other S.F. S.F. •i.F. S.F. S F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -i- B ' • • S.F. • ‘A ■ S.F. B X 100 -% » •* t *.••: 'V *•»s. >t iy '0- . \ > v^'\ V \ 9 W• < 'C.' •''> 'K: * •. ft • «»* * • » I iv:' '•-X' \ 0 I » REQUEST FOR COUNCIL ACTION ^fTYop ^99$ OflOMo DATE: February 5, 1996 ITEM NO.: ^ Department Approval: Name Michael P. GafIron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2099 Loren Brueggemann/Dean Maescr, 372 Westlake Street - Subdivision of a Lot Line Rearrangement (Replat) Zoning District LR-IA, Single Family Lakcshore Residential. 2 acre, sewered. Application: Replat three existing substandard lots of record to result in two substandard building lots. List of Exhibits A - Planning Commission Minutes 1/16/96 B - Planning Commission Action Notice 1/17/96 C - E.xhibits B. G-1, G-2 and I of 1/10/96 Memo D - Memo and Exhibits of 1/10/96 Discussion Please carefully review the memo and e.xhibits of January 10, 1996, as well as the Planning Commission minutes of January 16th. Brietly, the applicant proposes to replal three lots totalling 1.99 acres to create two building lots. The property currently contains a single family dwelling and two rental cabins, plus a fomier house now used as a storage building. The City has considered this group of three parcels as a single dwelling site, assessed and provided one sewer unit, and in the spring of 1995 directed the property owner to remove the rental cabins at the end of two years. The applicant. Loren Brueggemann. wishes to purchase the property from Dean Maeser subject to approval for the two lot replat. The replat involves the creation of a "front lotT/ack lot" situation, requiring 150% of the 2 acre standard for the back or easterly lot, and requiring certain increased setback standards for both lots. The following variances would be necessary' in order to approve the replat if configured to include the required 30’ access outlot. Tliese include: • "^Lot area variance for Lot 1 (0.76 acre propo.sed, 2.0 acres required). • Lot area variance for Lot 2 (1.09 acre proposed, 3.0 acres required). • Lot 2 requires a 10' variance to lot width at the street setback (200* required, 190' proposed). • With the required outlot configuration. Lot 1 requires a 30' (60%) side street setback variance (50' required, 20' proposed). • Lot 1 requires a hardcover variance for 28.8% hardcover where 25% is allowed. . The access outlot will contain 35% hardcover where only 25% is allowed. Request for Council Action continued page 2 of 2 February 5,1996 Zoning File #2099 Planning Commission Recommendation Planning Commission reviewed this application at their January' 16th meeting and on a vote of 4 to 0, recommended denial of the proposed replat based on the lack of acceptable hardships as outlined in the January 1 0th staff memo. Staff Recommendation Staff recommends denial of the proposal, for all the reasons set forth in the January lOtli staff memo. Options for Action 1, Direct staff to draft a resolution for denial, incorporating findings in support of denial Direct staff to draft a resolution of approval O'* conditional approval, providing staff with direction as to the hardships to be used in support of approval. j.Table (stale specific reasons). 4.Other. COUNCIL ACTION REQUESTED: Conceptually approve, conceptually deny or table the application; give staff direction to draft the appropriate resolution or provide applicant with additional direction. minutes of the orono planning commission MEETING HELD ON JANUARY 16,1996 x (#3) m96 DIANE AND KEVIN HOLMES/ORCHA^PAM 555/5W^TUBBS bay ROAD NORTH - SUBDIVISION OF AXOT UN REARRANGf;^NT - 8:30-8:36 P.M. The Certificate omaijing and Affidavit of PubUcation weij^ted. The Applicants were presei Mabusth reported that the app^n is for a b.dii'e ^eTom^ead district, which will bring the wll acquire three acres from the larger'^el. There are no easem __ xh^^lanzer at thisLe as weU as no designated wS within the ““f parcel had no principal structure but did contam accessot> st ., . u drainage Lucture will now be located withZ lot There no public commits. c»S t™a^"pp"Srn Iri^gThlTed P-de a^ ,0 33' of nghfor-way of Sntbbs Bay RoaS^-t ^j,4all three parcels. The applicants noted that they understood the condit.onsNJfote. ^es 4, Nays 0. The Certificate of Mailing and Affidavit of Publication were noted. The applicants. Loren Brueggennann and Dean Maeser. along with attorney. Mr Proveau, were present. -r- rt«H th^t the sketch olan was reviewed this past fall. The application is for a GalTron repo ^ totaling 1.99 acres into two building sites of request to jj^5 property is located at the end of Westlake Street, approxtrnate^ one ac^e ,est and nonMs ’ Mre zoning. The neighboring propenies consist of lots smaller than the 2-acre requirement, with several at. 7 acres and 1.4 acres. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#4 - #2099 Loren Bnieggemann - Continued) fiaffrnn continued explaining that the property consists of a single house and two cabins. Westlake Street is sewered, and said property has been provided with one unit and assessed for same. The house overlaps Lots 10 and 11. A storage building is within Lot 11. The two cabins are mainly in Lot 12. A septic system is currently being used on the property serving all 3 dwellings. There are separate ta.x statements for each lot, but historically, the property has been used as a single lot. There is a single driveway, septic, well, and one owner resulting in the City viewing this as a single site. A 20 ’ corridor is proposed as access for the easterly proposed parcel. The existing house and cabins are to be removed and one home is proposed in that area. The proposed new home would meet the 75’ setback. The flag lot proposal creates a front/back lot conhguration . Because the code requires a 30’ outlot of. 14 acre, the front lot (Lot 1) would be .76 acre, and lot 2 would be 1.09 acres. The outlot acreage is not to be counted in the total acreage. 150% of acreage, or 3 acres, is required for the backlot. This would result in a 65-70% variance. The front lot, where 2 acres is required, would be about 3/4 acre, and would also need a large lot area variance. Both proposed lots meet the required lot width measured at the lakeshore and at the 75’ setback line. The platted alley south of the 2 lots has not been vacated, hence, not all of the shoreline is attributable to the lots. The backJot, Lot 2, requires 150% of the 30’ side setback or 45’. The required 50’ setback for Lot 1 from the access outlot creates a narrow building envelope requiring side setback variances for a minimal 30-35’ wide house. Gaflron reponed that the hardcover standards are nearly met by the proposal. Lot 1 hardcover is proposed at 28.8% requiring a variance, but lot 2 hardcover is proposed at 20.5%, where the requirement is 25®/'o. The hardcover numbers as listed in the submitted rnform’ation are different due to lack of an outlot. For the entire site, the overall hardcover with the driveway would be at 35%. While this "overall hardcover" standard is not in the code, the DNR recommends 25%. Orono’s standard of 25% in the 75-250 ’ zone is nearly met. Gafiron said there are conceptual problems with the subdivision itself The memo lists 12 e.xamples of how the existing situation is nonconforming. With the nonconformities and the historical use of the property. Staff noted that none of the 3 existing lots confonn in area, width, or setback, and individually could not be built upon. The lot line rearrangement to 2 sites would not meet code. The proposal is defined as a Olass 2 Subdivision. Based on the factors listed in the memo where it is shown that an increase in density could not be allowed, Galfron said Staff could not recommend approval of this proposal. Gafffon asked the Planning Commission to look at the neighborhood and the consistency in zoning within that neighborhood. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#4 - #2099 Loren Brueggemann - Continued) The Attorney representing Mr. Brueggemann reported that Dean Maeser purchased the property 10 years ago and has mainly used the property commercially with the cabin rental. Proveau said the memo relating the history and problems associated with the property are correctly laid out, but it is his opinion that history needs to come into play, particularly with the 3 lot plat, which is now non-conforming, and how the lots were used. Proveau asked the Commission to deal with the justification for the need for variances. He believes the facts show a reasonable use ot the land, and the plan alleviates problems with the current use. Proveau noted that sewering would eliminate the non-conforming septic system. The change in use would bring the property to more conformity as residential. Proveau said the majority of the lot line setbacks would be met as well as most of the code requirements. Proveau said the proposal would allow the owner to make reasonable use of the property’. Proveau commented that the proposal would be in character with the neighborhood. He noted the average lot size in the area to be about 3/4 acre. Proveau said there are two sewer stubs instaUed at the end of the street to which the two new residences could be connected. He took issue with the undue hardship if the City considers the variances. Proveau noted that the statutes allow for variances for reasonable use of a property, and questioned who had the burden of showing reasonable use. He noted the problems were not created by the applicant, but existed before his purchase of the home, noting the use as a commercial marina years ago. There were no public comments. Hawn said the Council was asked to look at rezoning similar areas and had declined, and chose to deal with particular proposals individually. Hawn also noted that, althou^ there are two sewer stubs, only one is authorized. The Council had looked at the potential of three lots and the non-conforming use over the 10 years and declined the additional sewer units, advising the Planning Commission that there would be a need to find compeling reasons to make any changes. Smith asked for clarification on nearby properties where two lots were combined. Gaffron noted in the Bichanich site, a few lots to the nonh, there were two existing lots with buildings one without septic. When the two were combined, a side setback variance was required even after creation of a 1.4 acre parcel. That panicular proposal was not a rebuild but an addition to existing residence. It was noted that all the .7 acre parcels in the area existed before the code was established. Gafifon said to tear down and rebuild on any of them, it would require variances to lot area, lot width, setbacks, and possibly hardcover for each of those 0.7 acre lots. Smith indicated that with the added impact of back lot requirements, it is difficult to approve a second lot from applicant's site. Lindquist concurred, opining that the direction was clear. minutes of the orono planning commission MEETING HELD ON JANUARY 16, 1996 (#4 - #2099 Loren Bnieggemann - Continued) Schroeder agreed with Snuth and Lindquist. GafiTon commented that the cabins were currently rented. He added that the Coundl had given direction some time ago aUowing a fair period of time cabin rental with no need to temporarily connect to sewer, but wi connection required, which has not been done. Schroeder said the hardships do not merit the number of vanances requested. Proveau said that Maeser expressed concern xvith the sewer hookup issue. He noted that the financial benefits of cabin rental were significant to Maeser-s ability to owning the property Proveau said if the sale of the property were to tall through, Maeser wou reque^the cabin be hooked up to sewer. Proveau asked that options be e^ble Maeser to homestead the property noting that the code was the cause in the dec of the market value of the property. Lindquist responded that he had a problem with splitting up a 2-acre parcel in the 2 acre zoning district. Smith sufigested the possibiUty of purchasing additional property from the owner to the nonh Ctaffron said there was probably not enough land to do that; but \vith one lot only, a portion right be sold to that neighbor to increase his lot size. Bmeggernann said the feLibilitv ofa sale of any land to or from the neighbor to the north was slum G^on said the neighborhood redevelopment process, by which two lots would be purchased toge e to create a more conforming single building site, is a slow process. Mabusth noted that even if the area was re-zoned to 1 acre, variances would still be required. Theie would still be the need for a total ol 2-1/2 acres including the outlot. rcsultinu in a half acre shortage. Schroeder asked the applicants if they would prefer the application be voted on or tabled. Brueuvemann inquired about a joint session between the Council and Pl^ng Commission to discuss the sketch plan. Gaffron said the application had not been diLssed in the joint session though it was previously suggested that a discussion ensue ren^ding the sketch plan. Gaffion informed the applicant of the 60 day »nteJrame lor reliew of any application, and noted that the applicant needed to agree to tabling the application or the Planning Commission would have to vote on it now, Brueggemaim asked that the application be voted on and earned forward to the Counal. Schroeder moved, Hawn seconded, to deny approval of Application #2099 as the hardships do not justify the variances required for the subdivision as outUned m the memo. Vote: Ayes 4, Nays 0. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2099 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 17, 1996 TO:Loren Brueggemann 2125 West Highway 13 Burnsville, MN 55337 COPIES: Dean Maeser 372 Westlake Street Orono, MN 55356 TYPE OF APPLICATION: Variances DATE OF MEETING: 01/16/96 VOTE: 4 FOR 0 AGAINST Planning Commission recommends the following; Denial for reasons noted below NOTES AND SPECIAL CONDITIONS: Motion was for denial based on lack of acceptable hardships as outlined in staff memo of January 10, 1996. Applicant's next scheduled meeting is confirmed as. * -r aa City Council, Monday, February 12, 1996; meeting Stans at 7;00 p.m If you desire certified copies of the official Planning Commission mnutes, they are available from the City Recorder after review and approval by the Planning Commission. _SLSS£SaSSS£ ,r ' .fdfc.S4 Ut 1 : 0.e>l A'i ///''7,';:r yA TV A/ .£’ ■/ SK^'ToH /vs pKOP«9Sct> gy mucAf^r , •. * .4>- •:. .•* . • . ^ I "o I . IC» "2.OJtf 0.74? Ac 1.0^ Ae. • * .. y * * i • ^/7 7 I -zzs CHANNEL SkeTCH IA3»TH O ut LOT Com F|6M.feATl43^ 1 ^ersAcK, RCQU»ie£»MeAJTS «•! • • •«. ’ • rt * ‘ •* . •.* . '• ••** rK V,- .»■ ...•,'% • . V. ^ ;?c:> TO;Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE;January 10, 1996 SUBJECT: #2099 Loren Brueggemann/Dean Maeser, 372 Westlake Street - Subdivision of a Lot Line Rearrangement (Replat) - Public Hearing Zoning District: LR-IA, Single Family Lakeshore Residential, 2 acres, sewered. Application: Replat three existing substandard lots of record to result in two substandard building lots. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Narrative Submitted by Applicant E - Survey - Existing F - Survey - Proposed G - Staff Sketches - Applicant's Proposal - Incorporating Outlot H - Proposed Hardcover Calculations I - Neighborhood Lot Sizes J - Documentation from Sketch Plan Review, 9/19/95 K - Zoning/Subdivision Code Excerpts Pertinent Code Sections I Section 10.03. Subd. 6 - Existing lots of record: "2. In "R" Districts ot Greater Than One Acre and Served bv Public Sanitaiy' Sewer. A lot of record in any "R" District in the f'ity in excess of one acre, which does not meet the requirements ot this zomng chapter as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds: (a) It is at least 1 acre in size, and the average width of the lot is at least 100'; (b) It is served by public sanitary sewer; (c) It othervvise meets the requirements of this chapter or other applicable City code provisions". (See entire Subd. 6 attached). T Section 11 03, Subd. 2.65 & 2.66 - Definitions of "subdivision" and "subdivision classification"’ - The proposed lot line rearrangement does not qualify as a non subdivision because relocation of the common lot boundaries does not result in tvvo lots meeting the requirements of the zoning code. The proposal is classified as a Class IJ subdivision, requiring a plat. Zoning File #2099 January 10, 1996 P^e 2 4. Section 11.30, Subd. 5(C) - Front/back lot subdivisions. The proposal as designed results in a lot configuration that meets the definition of a fiont/back lot subdivision. The definition of "back lot" per Section 10.02 and Section 11.03, Subd. 2 is "a lot typically separated from a public or private road by another lot and which gams 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 n outlot. 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'". Section 11.30, Subd. 5(C) states that flag lots and easement back lots as defined in this chapter f^hall bg grgatcd. Therefore, the proposed lot line rearrangement must make use of an outlot per the provisions of Section 11.30, Subd, 5(C). (See Exhibit I) Section 11.10, Subd. 14(A)- "A. Zoning Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of Final Plat Approval. Variances shall not be approved to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district and this chapter." Pertinent Facts 1.The property at 372 Westlake Street is owned by Dean Maeser and consists of three tax parcels as follows: Lot 10 = 50' X 544' = 27,200 s.f = Lot 11 = 71.16' X 519' = 36,900 s.f = Lot 12 = 49' X 462' = 22,653 s.f = Total 0.62 acre 0.85 acre 0,52 acre 1.99 acre 2. 3. Lol 10 conmins the majority of the driveway and 2/3 of the exisung principal residence Structure. Lot 11 contains 1/3 of the existing principal residence structure; a second "house" used onlv for storaiie; and small comers ot two rental cabins. 4. Lot 12 contains the two rental cabins. Zoning File #209*^ January 10, 1996 Page 3 5.The three prop>erties have been commonly owned tor more than twenty years, and have been used as a singe homestead with two rental cabins for many years. Early in 1995, the City Council reviewed this property in regards to the over due sewer connection. Council concluded that: • The existing principal residence, which is provided with and has been assessed for one sewer unit, must be connected to sewer immediately (it has not been). The two rental cabins are nonconforming structures due to their location and are a nonconforming use due to the rental status, have not been assessed for sewer, and must be eliminated by the end of 1996. The three tax parcels must be legally combined within ninety days (deadline has passed with no combination occurring). All of the above to be formalized in an agreement with the property owner (agreement has been drafted to City satisfaction but has never been signed by th«* owner). The basis for this Council action was the need to make a decision about the rental cabins' sewer connection. Applicant either had to spend nearly $14,000 each to connect the cabins to sewer, or discontinue them. Council agreed with staff that providing sewer to these nonconforming structures with nonconforming uses would not be^ appropriate for this property. As part of the Stubbs Bay Sewer Project, this group of three properties was assessed only one sewer unit, to ser\e the existing house. If the proposed subdivision creating two lots is approved, a sewer connection charge of $13,813 (1996 fee schedule) would be required for the second unit. The current proposal is to reorganize this property from three tax parcels into two usehil building sites (property owner notes that the apparent market value of the property as a single building site is less than the ;iniount he paid for the property). ..J Zoning File #2099 January 10, 1996 Page 4 7. Proposed subdivision facts: Item OUTLOT Proposed Required Proposed LOT I Required FYoposed LOT 2 Required Lot Area: - as proposed -0.81 ac.2.0 ac.1.19 ac.3.0 ac. (back lot) - with 30' outlet 0.14 ac.0.76 ac.2.0 ac.1.09 ac.3.0 ac. (back lot) (The following item s assume the incorporation of the required 30' outiot) Lot Width: - si.ect setback (30 ’) 30'NA NA 190 ’*200’ - ci i’ojeline NA NA 223 ’200’210 ’200’ - iv. 75 ’ setback NA NA 240’200’205’200’ 2's defined street lot line is the angled line separating Lots 1 & 2 Sef -.Ks: - north m •20'50’ side street 45’45’ (i-'U 0 of 30 ’) - south (lake)m •75 ’75 ’75 ’75 ’ - east • •50’SO' rear 75 ’75 ’ - west -50’50’ front 75 ’75 ’ front Zone Zone Zone Hardcover:Area Area Area 0-75 ’(•) -0 s.f. (19,425 s.f.) 0 s.f.0 s.f (24.750) 0 s.f 75-250 ’2.150 (6,135 s.f.)l,534 3,907 (13,555 s.f.) 3.390 4,735 (23,061) 5,765 s.f (35.0%) (25%)(28.8%)(25%)(20.5%)(25%) Lot Coverage by 2.730 s.f (8.3%)2,580 s.f (5.4%) Structures: (15% allowed) Zoning File #2099 January 10, 1996 Page 5 8.Technically, any structure placed on proposed Lot 2 will require an average lakeshore setback variance. Front/Back Lot Issues As is noted in the previous table, the proposed subdivision configuration clearly creates a fi-ont lot and a back lot under the zonin^subdivision code definitions. Because this is a new subdivision, the front/back lot standards apply, requiring the use of a 30 ’ wide outlot for access to the back lot, requiring the back lot to meet 150% of the 2 acre standard, and requiring the back lot to meet 150% of the normal side and street lot line setbacks. Further, the house on the front lot is required to meet the standard "side street" setback from the outlot, which in this case is 50'. Note that the proposed house could only meet a 20’ setback from the outlot in order to maintain the 75' lakeshore setback. Note also that the required front or street setback for Lot 2 is 75, which is met. Hardcover Lot 1 becomes somewhat smaller than proposed by applicants when the 30 ’ outlot is created. The site plan proposed would yield 28.8% hardcover in Lot 1, which is approximately 500 s.t. over the limit. In Lot 2, which has a larger 75-250’ area, hardcover will be under the 25% limit Hardcover within the outlot itself will be 35%, above the 25% limit. Overall, hardcover on the property under the current proposal will be 10.642 s.f., or approximately 12% of the entire lot area, as compared to the DNR’s standard of 25% for the entire property. Under Orono’s more restrictive standards, the 75-250' zone will be approximately 24.9%, just under the limit. Subdivision Issues Aside from the need for variances to lot width, setbacks, average lakeshore setback and hardcover the primar\- issue with this subdivision is the creation of two very substandard buildinu lots from thme existing record lots which individually would each be considered unbuildable without many variances. Further adding to the problem is that the th ’-ee existing lots have historically been used for all intents and purposes as a single propert>-. The existing situation is nonconforming in a great number of respects. 1 Each of the three existing lots is less than the required 2 acre minimum lot area [Section 10.23, Sub. 6(B)j. Zoning File #2099 January 10, 1996 Page 6 2. 3. 4. 5. 6. 9. 10. P 1 ^ • Each of the three lots is less than the required 200' minimum width as measured at the appropriate points [Section 10.23, Subd. 6(B) and definition of lot width The house on Lot 10 does not meet the required 30* side setbacks [Section 10.23, Subd. 6(B)] and encroaches the required side yards [Section 10.03, Subd. 15]. The house on Lot 10 encroaches into Lot 11 to a significant degree [Section 10.03, Subd. 15]. The accessory building on Lot 11 is not subordinate to any principal structure existing on Lot 11, since the principal residence structure is primarily on Lot 10 [Section 10.03, Subd. 9(A)]. The septic system which serves both the house on Lot 10 and the cabins on Lot 12, is located on Lots 11 and 12 [Section 12.30, Subd. 5]. 7. The septic system is within 75’ of the lake [Section 10.56, Subd. 16(C)]. 8. The septic system is nonconforming due to lack of 3' separation above seasonal saturation zones [Section 12.30 Two cabins ("dwelling units") exist on Lot 12 although only one dwelling unit per property is allowed [Section 10.03, Subd. 7]. These two cabins are less than 75’ from the lake [Section 10.55, Subd. 8, 10.56, Subd. 16(C) and 10.22, Subd. 1]. 11. Tlie uvo cabin- on Lot 12 each encroach over the lot line into Lot 11 [Section 10.03, Subd. 15]. If the larger cabin is considered the principal structure on Lot 12, then the accessory building (i.e. the other cabin) cannot be used as a dwelling, since no accessor)' building can be used as a dwelling [Section 10,03, Subd. 11]. The above nonconformities and the historic use of the property as one site, as well as the common ownership which supports the use as a single site, leads staff to the following premise; A. Lach of Lots 10, 11 and 12 is an existing lot of record. I Zoning File #2099 January 10, 1996 Page 7 B. None of Lots 10, 11 or 12 are confonning in lot width or area to the zoning requirements, and none meet the 1 acre/100' width standard of Section 10.03, Subd. 6(A-2) required for buildability of existing sewered lots of record in zoning districts of 1 acre or greater. C. None of Lots 10, 11 or 12 could be built on without many other variances even if lot area and width variances were granted. D. Any lot line rearrangement proposed to realign these three parcels into two parcels, will result in the fmal lots not meeting the area standards of the zoning code. Therefore such lot line rearrangement is not exempt from subdivision, but is classified as a Class II subdivision [Section 11.03, Subd. 2.65, 266] which requires a plat. E. All plats are required to meet existing zoning regulations at the time of plat approval. Subdivisions may not increase the overall subdivision density above the minimum zoning lot area requirements [Section 11.10, Subd. 14]. F. As compared to other properties which have been allowed to replat at densities higher than those allowed, other cases (i.e. two recent ones are Scotch Pine Lane and the Oberhauscr project) involved clear and distinct use of each of the pre existing properties as separate from the others. In the Macser case, however, no such distinction exists since; buildings are over lot lines buildings on separate lots have made use of shared sewer and water facilities the three lots have been used and maintained as a single property the three lots have shared a single driveway. All of the above factors lead stalT to conclude that the mere fact that the three lots have been kept as separate tax parcels does noi result in an inherent right of the property owner to have three building sites, or even two. The fact that a subdivision with significant variances is reuuired to make the property marginally feasible for two building sites, and the lact that a subdivision must result in lots that meet standards, is critical, fhe City has only rarely granted lot area variances when approving subdivisions, and then only in extremely unique cases. Impact on Property Owncr/Impact on Neighborhood The property owner has concluded that the market value of the property as a single building site is less than the amount he paid for the property', and unless two building sites are allowed he is in a position of losing money when he sells the property. However, Planning 'V'- Zoning File #2099 January 10, 1996 Page 8 Commission is fully aware that the zoning code [Section 10.06, Subd. 3(A-4)] states that "economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter". Planning Commission should refer to Section 10.06, Subd. 3, Section 10.08, and Section 11.02, Subd. 10, all attached, regarding the standards for granting variances. One additional factor Planning Commission may wish to consider is the compatibility of the proposed development with the surrounding neighborhood. Exhibit I is a topographic survey of the neighborhood with plat overlay, indicating the locations of existing residences and the existing lot sizes. It is obvious from that map that the average lot size in the neighborhood is approximately 1 acre, even though this is a 2 acre zone. However, existing properties to the south, west and north of this neighborhood have substantially larger lots. And, even though the zoning district boundary between the 1 acre and 2 acre zones is nearby, this property does not abut the 1 acre zone, and individually would not be a reasonable extension of that zone without including adjacent properties on the west side of Westlake Street. There may be a pattern started in this neighborhood by the Blake Bichanich project at 332 Westlake where two 0.7 acre lots were combined to create a 1.4 acre building site. It is not beyond comprehension that additional properties along this shoreline could be purchased together and combined to create more usable building sites. It would be consistent if Lots 10, 11. and 12 were combined into one building site. Rezoning Potential The City Council has over the last twenty years consistently refused to rezone existing neighborhoods in the 2 acre zone when they are provided with municipal sewer. The result is a number of sewered neighborhoods with substandard lots (in some cases 1/4 to 1/2 acre lot sizes) which are still required to meet the 2 acre zoning standards. Tliis results in the need for a variance even when an addition or accessory building consistent with the neighborhood is proposed. It can be argued that rezoning sheidd occur in these areas. However, the opposite argument is that rezoning these neighborhoods would potentially result in higher density as tlie interspersed larger lots could perhaps then subdivide, resulting in additional homes which create higher density. While such density might be consistent with the surrounding neighborhood, it would not be consistent with Orono's low density philosophy. Alley Along South Boundary It appears that a 10' alley was originally platted along the iouth boundary of Lot 12, leading from Westlake Street to the lakeshore. Apparently a canal was also dug at some past time parallel to the alley, connecting Westlake Street to Stubbs Bay via a water route. It would appear likely, then, that if the portion of alley still idZS'’*-* die 929.4 water level and adjacent to Lot 12 is Vacated, its ownership would revert to Lot 12. As it currently exists, proposed Lot 2 abuts the lake only at its east end and not along its southerly boundar>'. Zoning File #2099 January 10, 1996 Page 9 History of Zoning and Use of the Site The Westlake Street area was originally platted in the late 1800s. The tvpical development of th** area was for summer cabins. As the decades progressed, more and more property owners became permanent residents of the Lake Minnetonka area, converting the cabins to year-round residences. The Stubbs Bay area including Lots 10, 11, and 12 was not zoned by the Town of Orono until July 10, 1950, at which time the "Stubbs Bay District" was created requiring minimum building lot area of 1 acre. The City Assessor’s records indicate the residence structure on Lot 10 was built in 1951. The City has no apparent record of when the cabins were constructed. In 1967, while the property was zoned 1 acre, a prior owner proposed a subdivision very' similar to that proposed now, resulting in two lots of approximately 1 acre each. That was tabled by the City Council and no final action to approve such a subdivision ever occurred. In 1975 as part of the City-wide rezoning, this property and much of the Stubbs Bay area was rezoned LR-IA, Sinele Family Lakeshore Residential, 2 acre minimum lot size. Rental Cabin Nonconformity The nonconformities associated with the Uvo rental cabins are long standing. As early as 1962, Village Ordinance No. 45 stated that "There shall be no dwellings for more than one family upon any lot or parcel of land, and there shall be but one single family dwelling upon each lot or parcel of land", and went on to state that "Each structure to be used as a dwelling shall be set back ... at least 10’ from any side property line . . .’’ City Ordinance No. 155 adopted October 24. 1973 required that "No principal building shall be located closer than 75’ to the natural ordinary high water mark on a lake abutting the property". The 1975 zoning code strengthened this to allow no buildings within 75' of the lake. The lakeshore cabins have therefore been nonconforming as to their location since 1975 or earlier. Further, considering the historical use of Lots 10. 11, and 12 as a single site, the rental cabins have ac*rd as accessory buildings subordinate to the principal use, and could not legally be rented ut as dwellings. It is the City’s position that the rental cabins are no longer a lawful nonconforming use. Per Zoning Code Section 10.03. Subd. 5(F) ’’. . . any lawful nonconforming use involving a structure with an assessor's fair market value upon the effective date of this zoning chapter (1/1/75) of $3,000 or less may be continued for a period of 36 months after the effective date of this zoning chapter, where upon such nonconforming use shall cease, unless brought into conformity with the zoning chapter". A review of the City Assessor’s records indicates the fiiir r Zoning File #2099 January 10, 1996 Page 10 market value of the two rental cabins as of 1/1/75 appeals to have been approximately $1,900 combined. Technically therefore the nonconforming use for rental purposes was required by code to cease as of 1/1/78. In effect the City has tacitly allowed this use an eighteen year grace period. The fact that the City allowed the cabins to continue in use after 1/1/78 is likely a result of lack of enforcement rather than a conscious decision by the City to allow the coramcrctal usage to cominue. In 1980 when the City allowed the then property owner Leo Levens to upgrade hts septtc system, which at that time already served the cabins and principal residence with a sing e com me system, the City advised Levens of the future Shoreland Regulations which would maf e his system nonconforming and since municipal sewer was not anttcipated at that ttme the Ctty allowed the dtainfteld to be upgraded in order to protect the pubitc health, salcty an we arc. without making any conclusion regarding rhe zoning status of the dwelltngs to be served. The issue of the cabins' nonconformity came to a head in 1992 when the City reviewed the issue of municipal sewer and determined that only one stub and one sewer tmtt for thts acre sire was appropriate. Granting of additional sewer units would have resulted m the perpetuatton of a nonconforming situation which the City concluded was not tn kceptng with the zoning or Comprehensive Plan. Issues for Discussion I Since the proposed subdivision creates a front/back lot situation which requires the 30' separate outlet access corridor, is there any justification for a variance to allow the oullot to be less than the 30’ minimum required width? Given the need for lot area variances for both proposed lots, is there any justification to allow two individual building sites to be created on 2 acres ot land in the - acre zoning district? If the proposal could be revised .so that each of Lots 1 and 2 as well as the outlot could meet the Ciw’s 25% 75-250' hardcover limitation, would the proposal be more feasible. 4. Is the proposed subdivision consistent with the character of the surrounding neichborhood? w 5 Does tne as eraue setback variance required tor Lot 2. or the side street setback variance required for Lot 1. have any impact on Planning Commission’s view ot this proposal. 6. Could approval of this subdivision set a negative precedent and result in pressures for higher density development in Orono’s 2 acre zone? Zoning File #2099 January 10, 1996 Page 11 7. Has the property owner demonstrated sufficient hardship that would allow Planning Commission to justify granting of the many necessary variances required? 8. Should this neighborhood be considered for rezoning? 9. If subdivision of this 1.99 acre parcel is deemed not reasonable, can Planning Commission offer the applicant or property owner any other relief? For instance could a portion of the property be sold to an adjacent property owner and still leave a reasonable building site? Staff Recommendation Although one might argue that the proposed subdivision is consistent in many respects with other development on Westlake Street, it is inconsistent with the 2 acre zoning standards in effect, and requires the granting of a significant lot area variance for each newly created lot. The City of Orono has consistently held to its 2 acre minimum lot standard in the 2 acre zoning districts for new subdivisions. If the e.xisting separate ta.\ parcels were configured such that they were buildable with only lot area and width variances, then there might be some justification for allowing them to be built on, but that is not the case. None of the individual existing lots are buildable without major setback variances. That is why the City provided and assessed only ui.c sewer stub to the property (the fact that the contractor installed two stubs in the street is of no consequence, since the second stub was not specifically intended by the City to be constructed, and the mere placement of a stub does not suggest that a zoning decision w'as made). With only 1.99 acres, the property owner technically has no excess land to sell to a neichboring property owner. However, it may be reasonable to allow a subdivision of a lot line^ rearrangement between Lots 10. 11, 12 and the neighboring Lot 9, giving Lot 9 additional acreaue, while still leaving a reasonable building site within Lots 10, 11 and 12 that can meet W the hardcover and setback standards. Planninu Commission may wish to consider whether rezoning of the neighborhood is appropriate. However, under the current zoning, staff recommends denial ot the requested subdivision. Options for Action I. Recommend approval with conditions, specifying the hardships that support granting of the variances. Zoning File #2099 January 10, 1996 Page 12 2.Table for further information or discussion (at the sketch plan review in September, Planning Commission suggested this proposal might be the subject of a joint Council^lanning Commission work session). 3. Recommend denial, stating reasons. 4.Other. T .5^ J fcCi 1 Lj-O • %^ ‘i'9 CITY OF ORONO - SUBDIVISION APPLICATK^^ ‘ PROPERTY LOCATION Site address .^*1 *L. Property Identification Number (PtD) O /<_3 Please check one - Property ____abstract or —x,— torrens? Attach legal description to application. APPLICANT \ Name .1^1, P aj gX3 m OQ 1*^ Address City ^ jrA I /e ^m Phone (home) Zip^yv] Phone (work) “V- 0\VNER (if different than applicant) Name fV\At:Sefz. Address ?T72^o O j,jJi_L^:-Vc-s_U1 Phone (home) M-1 C» ^ City o ^ Q (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District ZipSHiSii Phone (work) J) ;>. Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Z.A -/^ Other (specify) I PROPOSAL X Number of Building Sites Division for Tax Purposes Lot Line Rearrangement Only (no new buildlmg sites) Subdivision for New Building Sites ^ Existing Units Z. Proposed Gross Density Minimum Lot Size Proposed Use (check) / New Units Total Units Units per / Acres Sq. Ft. Dry Buildable Land Residential Other (specify) _________ 4 I inimum material required for complete prelddnary ^application Payment of fees (refer to 'application fees' listed below). Completed application form. Preliminary plat information on Certificate of Survey. . ^ ^ap from CfTtified Property Owners List of owners within 350’. labels and plat mp (jou m Hennepin County Department of Finance. A-603. Government Center 348-3271). ^ application. As an ad«<*^dum to this applicauon. please attach a separate list ot any other ining Official's Signature _ ----------—----------------— ^ I inimum material required for complete final application Payment of fees (refer to Preliminary Subdivision .Approval resolution and ^ark fe-s if appicable). Signed Certificate of Survey or mylar copies of fc.itii plat, Title opinion. Easements, covenants, etc. Developers Agreement and Letter of Credit, ning Official’s Signature Date application fees (Zoning Administrator to check [XI those which apply) A. Application Base Fees: Sketch Plan Review (Class I. II «Si IID S2(W^.OO ’ Subdivision of a Lot Line Rearrangement S300.00 ^ Subdivision Application (Class 1 & ^mOO non-residential) -------- Preliminary Subdivision Application_S325.00 4- S25.0U/lot ^ciass lu Final Plat Application (Class IID S175.00 “ Legal Review and Filing: ' ____ Subdivision only S75.00 ~ Suodivision w/easements and covenants .ion. 5..UU.UU Totals Park Fees (to be determined per Section 11.62) -------- of fL“ ctrSTwvfsioa Applicoiion S.OO.OO (No change from orrgmal apphemro.) ®- ®^i?lJ:sLTnva'e 5600.00 . S.50/Uncni ft.;--------lin. ft. x ^50 = 5 --------- -------- Sed Public Roada 5900.00 -b 5.50/lM ft.; Id., ft- x .oO - 5 -------- ^ 4^^___tr^;efinrf Privnte RoadR™q^ca' for City lo Accep. Extog proposed ■ it,SSSSSt: -.. S50.00/new lot proposed for on-site .x--------cew lots ____/X c:--C. Flexible Application Fees/Misc. Fees Variance S200.0C « ----“ basement Vacation Associated with Subdivision $75.C« Application with Subdivtsion S30.00/Dwe!lmg Umt ______ . . nr reauested bv the Zoning Administrator, City Engineer, City lished by or^nai^ce^ i ________________<2- ‘ Date icani’s Sign er’s Signamre ^ <^\ ___________________:r*s Signamre _^yV<t.v\ /O' 7 "blld In Sc ^d Moeday of c^moodr. ,o have ao audrorlacd [nission and Council. Building & Zoning Office of this change pnor to the meetmg. u ./.i ' > >r« WN OATt lt>14/9ftATCN B04 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST. PROP AODR ^ f QNNER NAME 7 ^ .TAXPAYER ^ NAMC/ADOR# f ^ fUinCA AUUK .38 0S-117-2S 23 OOOf 03895 BAYSXDE RO M D KELLEY « C A KELLEY HICHAEL 0 S CONNIE KELLEY 3895 8AYSI0E RO LONG LAKE MN 55356 c..! • */ ''v H ‘\x:8*, 'r 7 ;^ PROP AODR ' (MCR NAHE TAXPAYER NAHE/AODR ^ fv:' ' ; v‘ ■ • * ' PROP AODR OMNER NAHE TAXPAYER NAHE/AODR 38 05-117-23 23 0016 00368’ NESTLAKE ST ROBERT A OLSON ROBERT A OLSON 368 NESTLAKE ST LONG LAKE »M 55356 .»* *f W ■k' ,!'V 38 05-117-23 23 0017 *00372 NESTLAKE ST ORAN HAESER DEAN HAESER 372 NESTLAKE ST LONG LAKE HN 55356 1>..* V PROP AODR OHNER NAME TAXPAYER NAME/AODR 36 05-117-23 23 0022 00325 NESTLAKE ST I E I M K DERGSAGEL IRV BERGSAGEL PO BOX 149 HAYZATA MN 55391 9^' c t " n-. PROP AODR 0»M£R NAHE TAXPAYER NAHE/AODR y 38 05-117-23 23 0028 00375 NESTLAKE ST P H LANGERT ET AL H/L EST PRISCILLA H LANGERT 373 NESTLAKE ST LONG LAKE HN 55356 'j- •• 1' iV: « • .A t' > ** ■ • «' [ •' .’i-. '» (1 V :■ ,> ■ V .. iii . ■ • 38 05-117-23 23 001005865 BAYSIOE RO OAK DIANIS DAVID DIANIS579 NE PLANTATION RO 0610N STUART FL 36996 ■ k 38 05-117-23 23 0015 00356 NESTLAKE ST E C ANDERSON ETAL EDNARD ANDERSON 356 NESTLAKE ST LONG LAKE HN 55356 0018 ST 38 05-117-25 23 00372 NESTLAKE ORAN HAESER DEAN HAESER 372 NESTLAKE ST LONG LAKE HN 55356 38 05-117-23 23 0023 00038 ADDRESS UNASSIGNED I E A H K DERGSAGEL IRV BERGSAGEL PO DOX 169 NAYZATA HN 65391 38 05-117-23 23 0029 00365 NESTLAKE ST NESTERN UNITED LIFE ASSUR CO JOSEPH D A HARY B FIEDLER 365 NESTLAKO ST LONG LAKE HN 55356 REPORT NO. PI635601 PAGE 11 •38 05-117-23 23 001300360 NESTLAKE ST C K HARRER A T R HARRER CYNTHIA K A TIHOTHY R HARRER 360 NESTLAKE ST LONG LAKE HN 55556 38 05-117-23 23 0016 00366 NESTLAKE ST NALLACE N PAASCH N N PAASCH 366 NEST LAKE ST LONG LAKE HN 55356 38 05-117-23 23 0019 00372 NESTLAKE ST D R A N HAESER DEAN HAESER 372 NESTLAKE ST LONG LAKE HN 55556 38 05-117-23 23 0026 00361 NESTLAKE ST I E A H K BERGSAGEL IRV BERGSAGEL PO BOX 169 HAYZATA HN 55391 \ .‘ ^r • •-* • • • ‘ ‘ 1 .■ • • • « - V * *Ai t*' • 'PROP AODR 38 05-117-23 23 0025 38 05-117-23 23 0026 38 05-117-23 23 0027 00369 NESTLAKE ST 00038 ADDRESS UNASSIGNED 00389 NESTLAKE ST ^0»tlER NAME taxpayer EDNA T ANDERSON ET AL H/L E E C GAGE III A 8 C GAGE JANET DONALDSON- EDNA T ANDERSON EDNIN III A BARBARA GAGE JANET DONALDSON 'rr NAME/ADDR 177 PENINSULA RD 660 TONKAHA RD 389 NEST LAKE ST d' ' ■ • HEDICINE LAKE HN 55661 LONG LAKE HN 55356 LONG LAKE m 55356 t 38 05-117-23 23 0039 00332 NESTLAKE ST B H BICHANICH A H B JANSSEN B H BICHANICH A H B JANSSEN 332 NESTLAKE ST LONG LAKE HN 55356 ,• -.Vi * / / I ./ i > j *7 V' • f •; iV. ‘L- ♦ ' f*. Hi-, i • I *• •i*. f a‘v DATE lt/X4/fSi*."'*. •, *“■ *1, ! \1i^;bATOI B04 ^Vv- . , ■•. •• • ■■ r- ..■. Vr^t sa 0C-117-2S 24 0112 PROP ADDA 000S6 ADDRESS UNASSXGNEDQMCR NAME HEWCPIN FORFEITED LANDTAXPAYER HEMCPIN FORFEITED LAND '.-'I' NAME/ADI O*’-' NAME/MDR * » uf v\ • • ' -M'm . ■ ■.• “X. A.'Sb ^ (4 ’. PROP AODR ^ T OMNER NAME fTAXPAYER y^r,'c NAHE/iO)OR 'r, #. I • TOTAL BATCH fv ?. TJ"., -I..' -V .• . ^ I f 1 V u'- • w ‘I:*?- tv ••• I • •• •r :f*4‘r t. V ' . ij.;) , f/ • . .■il .4'. • p.f ■ • 4 W :' ofe .• ’«• 'w z • V < V . 5 V-; r < >s? . !».?••• *'• -•r f' .... _ ' : V/:. •; . 5f>: > ., I ». . ♦ . • ! ♦ • Lt- V''. 4 • 4.'‘ fl I i' '4 r tv; 504 00021 HEftCPIN COUNTY PROPERTY INFORHAnON SYSTEM PROPERTY CHNERS LISTS« OS'117-25 S2 0001 00420 T0M(AHA RO AltUCK R H PRATBERNON EOHIN C 6A6E III BARBARA C GAGE PO BOX 59159 MPLS MN 55459-0250 38 05-117-23-23-0040 309 Westlake SI Gregg S & Bette J Perl Gregg S & Bett«-: J Perl 309 Westlake St Long Lake MN 55356 REPORT NO. PI45S401 PAGE 12 f:% “• i *.*■SB 05-117-2S 52 0002 00440 TONCAHA RD EOHIN C GAGE ETAL GAGE EDNIN C 12715 B STATE IDIY 55 MPLS MN 55441 4 *• V . i ..i ■ 'i* r “ . r ' ‘ . 4l « • '• t, • •• ; . . ». , ! \ « . *. ■•i • j\- ■ • ’ ir..(• ^ * ‘I I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO 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 KNOHLEDGE ANO BELIEF. 0/1l^UDATE K7 • »• • • ^ •i » , I : , Jt 'w <H • ■ • *; ■ ■ I •■ . •'' )f* i • .*.t *; *i ( : • • ' J ^ . • i 1. .f r! .*. • # * ‘V• * ' '♦ • ^ ^ A. Brief Factual Narrative - Maeser Property The foUowing h summaiy of facts to consider in allowing the Maeser property to be lot line rearrangetl to allow for two single family lots. 1, When reviewing the history of the Maeser property at 372 W. Lake Street, the City of Orono consistently allowed and accepted an on going and non conforming commercial usage of said parcel. This acceptance continued through changes in the single family zoning status of the property from 1 acre to 2 acre minimum lots. This allowance of commercial usage of this parcel continued through multiple different ownership s including the final sale to Mr. Maeser in 1985. Throughout such ownership change the City continued to allow such commercial usage even though per the City s own testimony, such usage should have been stopped by the City in January of 1978. 2. The City issued the prior propertie's Owner a permit in 1980 to enlarge and ei^ance the existing drain field to allow for the multiple dwelling units even though such drain field existed in a non conforming condition. 3.It took until the Spring of 1995,for the City of Orono to require that Mr. Maeser must finally conform and subsequently suffer financial hardship by closing his cabins, connect to City Sewer, and pay the City’s sewer connection fees. The order did not allow Mr. Maeser, who is not a real estate professional, any reasonable alternative. 4. Mr. Maeser purchased this property in 1985 believing, due to the properties Wstory, that such commercial usage was in fact tolerated by the City of Orono. In fact the City allowed Mr. Maeser to operate his property status quo tfirough Spring of 1995. A period often years. 5. The property was considered by the Orono Council in years 1967 through 1969 that it should be placed into two (2) one acre parcels, with the only condition being that only one dwelling unit per parcel be allowed. 6. The property is served by two (2) sewer stubs (connections), indicating that this parcel was allotted for as two parcels with two dwelling units when sewer capacity was considered. 7. Tke proposed lot line rearrangement and subsequent development is a significant improvement over the current condition yet it matches the character of the neighborhood where the bulk of the existing dwelling units of this built-up neighborhood are on (.7) seven tenths of an acre parcels. 8. The council recently allowed a neighbor to combine two (.7) acre parcels, amid significant variances, to create a 1.4 acre parcel with one dwelling unit. (1.4 acre being less than the 2.0 acre minimum). 9. This lot line rearrangement meets the majority of City of Orono ordinances, including hard cover and Lakeshore set backs. The dwellings are placed to minimize impart on the neighbors and in feet significantly improve such visual impact on the adjacent neighbors. * :\ \ V i\ • •• ^ N ■•. n \ 1 \ N'-‘V\ ' ' A'1 I \ I \ \ \ v-.-:- \ r-^ %**.. ». 15^ ---------------------------------------4-'----L».« j- 1 •• .‘f ' . I ‘• •* 1 .•4 t • cV !■I , t V* • t • • •.. *• * tiii rwwB «««« mm mm I \.11§iill till §iill til 1 t I I Jill nlimi lllll!lllllllll 1 1 . ! i : ! 1 • r ; V W •Mil: I » *! ‘ Q So hirjl l!i! Ifl I I i • • 4 » ▼I DD0|l ' I I • % r^» 1* 1 4« u • 1. r •.!. *. .j • V*;• i*: ••• • -•* ••*•»:. • * . \ . • • . • » ‘ • • :.' •••'/• . * -* ' *l:v‘ \ .• :* *»•'* # • *. •• . * i‘ — • • * *. ‘ • i . : «‘i 0 A T#; > >** f •V- M f ••. r*-i U) to J ^ co CD HARDCOVER CALCL'LAflOiN VVORKSHEEi /SETBACK ZONE: (CIRCLE ONE) 75-250’ 25-500’ EXISTING HARDCOVFR IN ZONE ---- A. House X _________“ Lcncih X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - B . PROPOSED HARDCOVER IN ZONE A. House ______________ X Lcng’Ji X X X B. Garage C. Driveway _X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other Width X 100 Width TOTAL HARDCOVER IN ZONE total property area in zone A Q - B /^yz5- 500-1000 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % 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. X 100 o ___ S.F. S.F. /O A B A B Lo'tI 0-1^' (fOO CttTLO*T^ 4 —0 • l.\ HARDCOVER CALCULAiUUiiLVVOlOtSHEE 1 /setback ZONE: (CIRCLE ONE) 0-75 ’ (jS~2S^ 25-500* • EXISTING HARDCOVER IN ZONE -------- / A. House X 500-1000 ’ Lcngih X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Ci Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B PROPOSED HARDCOVER IN ZONE A. House Length X X X B, Garage C. Driveway 27 X X D. Sidewalk ■? C X X E. Patio/Dcck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other Width X 100 « Z6.9S Widdi sa rs (afio 405 72. ■28) TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3907 -s- B /S’ Co45 39 0 7 /S X 100 zs S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. or/« A B A B Lot I • HARDCOVER CALCULATION VVOiUiijHEET /setback ZONE: (CIRCLE ONE) 75-250’ 25-500’ ' existing hardcover in zone ^— / A. House X ___ “ Lenfth D. Garage C. Driveway D. Sidewalk X X X X X X X WU(h 500-1000' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -t- B PROPOSED HARDCOVER IN ZONE A. House X Length X X X X 100 Witlth S.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. A B B. Garage C. Driveway D. Sidewalk E. Paiio/Dcck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X TOTAL HARDCOVER IN ZONE total property area in zone A O + B ItSO X 100 =. 7.a 7 "TO 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. O_______ A B lor 2- (t^o ouri-DT^ HARDCOVER CALCULATiUiQyoiUCiiHEE r /setback ZONE: (CIRCLE ONE) 0-75* /'is-lSOO 25-500' • EXISTING HARDCOVER IN ZONE / A. House X ____ U-O I 500-1000' Lengiti D. Garage C. Driveway D. Sidewalk E. Patio/Oeck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X TOTAL HARDO VER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ _ + B PROPOSED HARDCOVER IN ZONE A. House Zu * Length 3B X X X B. Gajage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic Or Fabric 30 217. /Ts- .r X X X X X X X X X G. Other WMth » a X 100 = 3o WHlih 3t5 I No Z 2.(a(aO z\to 111 /9 ‘5 S~ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^7 35 + B 2~7 OQyl C? 1 3S 71 Otol X 100 24 -A s.r, S.F. ’s.F. ’s.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % tor 2-~1S-2S0' /o/^ofoieCi. (t^o A B A B MINUTES OF TF^ ORONO PLAI'JNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#18) #2070 L. E. BRUEGGEMAN COMP.ANIES» 372 STREET - SKETCH PLAN OF PROPOSED TWO LOT SUBDIVISION - PUBLIC HEARING The Certificiite of Mailing and .AfndaN-it of PubUcaiion were noted. Developer Loren Brueggeman and property owner. Dean .Maeser, were present. The property in question is located on Westlake Street. The sketch plan is a propLd lo't line rearrangement or replat to result in two builamg sites from a L99 acre ^oup of 3 ta.K parcels. This property is located in the single tamily lakeshore 2-acre zoning distria requiring 200’ width nammums. The home currentl) on P P ^ ^v^aps lots 10 and 11 with a storage-type building on lot 11. Two rental cabins overlap lots 11 and 12 but are mainly located in lot 12. The property curren y operates as on single property One sewer unit was assessed to the existing house but not granted to cabts. wlSch'axe non-conformmg and are in need of removal. Councd aoDlicant earlier this vear to connect the house to sewer and allowed the cabms to remam in use for two more years before they must be removed. The f system on the property, and the house must be connected to sewer immediateK . The cos of connecting to sewer is .SI 4,000 per unit. The appiicam decided to pursue a lot line rearTangement or of the buiJdino sites. The lots would meet the required setbacks with 50 front and 30 side bu would create a back-lot situation. The potential rights of the owner to have an addtuooal building site would be much greater if each eidsting lot was bmldaSle but they are not « many variances would be needed. If a back lot were created and roptool « meei the 150% requirement. Lot area variances would be required. T^e lot width as noted in case 1 is dependent on the 75’ line but would probably meet the lot ividth required. The lot coverage by smicrure aUowance is limited by hardcover maximums. An average lakeshore setback variance would also be required. In the question of a replai. would the City allow a narrow corridor to access the back lot would 30' be required as per the code'’ It is questionable whether two precis would be allowed in this 2-acre zoning. The lots use currently overlaps resuitmg m the ^ lots &Lonin» as one prooe-fry. If a subdivision is not possible. City questions whit reliet fould be ^ven to tte owner. Would it be possible to sell land to a neighbor? Developer Bnieugeman passed out sketch plans to the Commissioners showing wo 3 rim ^th a walkout rambler style home, square footage of which would be 4000+ s.f. both up^er and lower levels. Both would be on substandard lots but would be sellable according to Brueggeman. 30 MINUTES OFTHE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#18 - #2070 L E. Brueggeman Companies - Continued) Ga&on questioned whether the driveway across the top portion of the property was included in the calculations. Brueggeman said the parcel contained 49,680 s.f. He eliminated the area within the 75' zone, netting 28.000. 25% of that figure equals 7000 s.f. and took off the driveway for a net amount of4500 s.f Peterson questioned the ability of the property to Iiave two homes on one lot. Brueggeman said this is consistent with the homes in the neighborhood at this time which average .7 to .8 acres with the largest at 1-1/2 acres. These two lots would be 1.0 acre and .9 acre in size. Rowlette said she saw this application as an opportunity to gain a 2-acre lot in the .i.-acre zoning district adding that as a single building site, it would be beautiful. The appUcant’s concern is with property value and overbuilding tor the homes in the neighborhood. Peterson said he liked the proposal but questioned whether it should be uvo lots when it is one to begin with. Lindquist noted that other lots built on were 1 acre in size. Hawn asked if the adjacent homes in the neighborhood were conneaed to sewer. Gaflfron said sewer was available to all of the homes but not necessarily connected. Hawn asked if any other lots were combined in the neighborhood. There was one other lakeshore lot that was combined and is a 100' lot. The rest of the lakeshore lots were individual lots. Brueggeman said this was an unusual case with 4 buildings on 3 lots adding that the propoi would clean up the site. Peterson commented that the cabins have been directed to be removed anyways regardless of the result of this proposal. Gafiron noted that the propeny has existed as a non-conforming use. When the sewer came available to the property, the non-conformity was brought to a head. Maeser is looking at the options available. GafiBron added that the deadfine of June 1995 for connecting the house to sewer has yet to be dealt with. Brueggeman said the rights of Maeser need to be considered by the Commission and Council, which he felt has not been done. It is his desire to solve the problems. Gafiron said the property is 3 separate tax parcels. In the sewered zone, it is required to look at each separately as to their buildability. The current standards do not allow these lots to be buildable. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 18, 1995 (#18 #2070 L. E. Brueggeman Companies - Continued) Lindquist commented that with one parcel, 2 acres in size, with the concerns of the property and the houses in the area on 1 acre or less parcels, it was his opinion that ** would be difficult to enforce the standards. Lindquist suggested gaming the opinion of the City Attorney. It was decided to gather more information, gain the counsel of the Attorney, and ask the Council for their direction regarding the property. PLANNING CONLMISSION COMMENTS (#19) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF SEPTEMBER 11, 1995 (DALE LINDQUIST) Lindquist noted the delay in the start of the meeting due to a lack of a quorum. (#20) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING PARK COMMSSION MEETING OF SEPTEMBER 4,1995 No representative of the Planning Commission attended the Park Commission meeting of September 4, 1995. (#21) OTHER ISSUES FOR DISCUSSION Schrocder will attend the October 2 meeting of the Park Commission. Gafifon brought to the attention of the lake use committee possible meeting dates of October 4, 5, or 6. Gaffron asked that aU open space surveys be completed and turned in to City Administrator Moorse. Gaffi-on said Mabusth has suggested a work meeting be scheduled concerning zoning issues. ADDITIONAL ITEMS (#22) PLANNING COMMSSION APPROVAL OF MINUTES OF THE AUGUST 21, 1995 MEETLNG Schroeder moved, Hawn seconded, to approve the Minutes of the August 21, 1995 Planning Commission Meeting. .Ayes 6, Nays 0. 32 (#18 #2070 L. E. Bnieggcman Companies - Continued) City Anomey. „ wa, d«ided to gadter more infonnztion. gain the counsel of the Attorney, and ask the Council for their direction regarding the property. PLANNING COMMISSION COMMENTS (#19) REPORT BY planning ATTOOHNG council meeting of SEPTEMBER 11,199- (UAi. UNBQUIST) Lindquist noted the delay .n the start of the meeting due to a lack of a quorum. No representative of the Planning Conunission attended the Park Commission meeting of September 4, 1995. (#21) OTHER ISSUES FOR DISCUSSION Schroeder will attend the Oaober 2 meeting of the Park Commissioa Gafflon brought to the attention of the take use committee possible meeting dates of October 4, 5, or 6. Ga»on asked that all open space surveys be completed and turned in to City Administrator Moorse. Gafflon said Mabusth has suggested a work meeting be scheduled concerning zoning issues. additional ITEMS planning COhLMISSlON APPROVAL OF MINUTES OF THE AUGUST 21, 1995 MEETING schroeder moved. Hawn -ond^ m approve the ^hnutes of the August 21. 1995 Planning Commission Meetmg. Ayes , y m CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2070 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 9/29/95 TO: Loren Brueggeman Co. LLC 2125 W. Hwy. 13 Burnsville, MN 55337 COPIES TO:Dean Maeser 372 Westlake St. Long Lake, MN 55356 TYPE OF APPLICATION: DATE OF MEETING: 9/18/95 Sketch Plan VOTE:- FOR - AGAINST planning Commission recommends the following: No action required. NOTES AND SPECIAL CONDITIONS: Planning Commission indicated the site plan proposed was well done, and showed how two residences might be developed meeting most performance standards of the 2-acre lakeshore zone. However, Planning Commission had difficulty with the lot acreage variances, and generally felt that the historic use of the 3 tax parcels as a single property was a significant factor. It is staffs expectation that this site and its propeny rights issues will be a topic of discussion at an upcoming joint work session of the Planning Commission and Council. Enclosed is a brief synopsis of the Casco Point simation in the early 1980s regarding a substandard existing lot of record which was the subject of a lawsuit. Perhaps the most sienificant differences between that simation and yours is that on Casco Point, no subdivision was involved, i.e. it was simply an existing lot of record; and the lot could be developed without the need for ^ variances except lot area and lot width. In your simation. none of the individual existing lots of record is buildable without many variances in addition to the lot width and area variances. With a sketch plan, no formal action is taken by the Planning Commission. However, please stay in contact with City staff as we will advise you on any discussions which may ensue at the Council level. I BRIEF SUMMARY OF LORGE CASE, 2695/2697 CASCO POINT ROAD (LOTS 3 AND 4, AUDITOR’S SUBDIVISION NO. 265) Two 60 ’ wide lots on Casco Point Road were owned in common but had not been combined for tax purposes. A house existed on Lot 4, Lot 3 was vacant. The property owner sold Lot 4 to Mr. and Mrs. Kane, but kept Lot 3. He evenmally sold Lot 3 to Mr. and Mrs. Lorge. Lot 3 contained steeply sloping land which drained on to Lot 4. When Lorge attempted to obtain a building permit for Lot 3, il.e owners of Lot 4 objected. Although the Planmng Commission recommended approval of variances necessary to make Lot 3 buildable, the City Council determined it should be unbuildable based on the drainage issue as well as for other reasons including the fact that the lots had previously been used as a single property. The owners of Lot 3 sued the City in order to compel the City to grant a building permit. There are many nuances of this case such as the issue of due process and how the City Council took certain actions to deny buildability of the property. Ultimately, before the case went to trial, the City and the owners of Lot 3 settled, and the case was dismissed. The settlement grants width and area variances to render Lot 3 buildable. but allows no other performance standard variances. Further, it stipulates that the owner of Lot 3 must deal adequately with the drainage issues. The main reason City staff considers this case significant is that prior to it, the City refused to accept applications for variances on substandard vacant separate tax parcels owned in common with an adjacent homestead parcel. Since this case was settled, the City has allowed variance applications to be filed on such lots in order to preserve the property owners’ due process. However, the specific facts of the Lorge variance request are unique as compared to every other variance request, and the only conclusion the City has drawn from the case is in regards to preservation of due process. m UNITED STATES DISTRICT COURT 'state of MINNESOTA FOURTH DISTRICT Richard J. Lorga and Jaan L. Lorga^ pralntiffs, va. ii' Court Pllet 4-82-139 ■ or'settlement ‘iKim DISMISSAL ^ m. J^Clty'of'Orono,''a Minnesota .'^^StatutoryiCity, William V. , • iSlI!nI!h!‘6rSir ’comcii^?soSr ” ■'•• Mary Butlar* Orono Councilperaon» f :. -r Jo Bl.lan Rurr, Orono Councilperson,^';.‘*,V .•-•V :*•'- and former Councilpersons, Robert v ' - Searlaa# Gary Welsh, and Paul Taaak, Defendants. m YWEREAS, Richard J. Lorge and Jean L. Lorge are the fee owners of the following described real property located in the City of Orono, Hennepin County, Minnesota: That part of Government Lot 4, Section 20, Township 117* North, Range 23 West of the 5th Principal Meridian, described as follows: Deginning on ®J°f® of Lake Minnetonka at the shore with a line drawn parallel with and 90 feet Southwesterly, measured ^J^ht ®®9l«a» jroj ™ e,tn«>»nMka:>«»riv line of Lot 134, Spring Park, thence Southeasterly along said Southwesterly 1^"® Point Road to its point of intersection a line Arawn earallel with and 150 feet Southwesterly, measured at right angles, from the Southwesterly line of said Lot 134 and its Southeasterly oxtensioni thence Northwesterly parallel with said Southwesterly line o Lot 134 and its So«^h«a®^®^^y,2*^?"*^®J«^Ji.I*oolnt*of * theneo Northeasterly along said shore to the point of , b^inning. ‘ * • •' *. V - ’ '• livC" ‘ •" ••>•■-.- -• ^• •■• . *»k- • '.A— -» 4 ■• I- . , *•.«*' . »«',,-• •«• • 4 , •-• —».,*•• -*14. - • i % k -,. * • .. ’ ,. ♦ — - V. .• ,4 *. ►.. ^. * N • . J- ■*••.* ^ '•• •• • • *»•'.- • ,* • . ♦- ..V ^ 4.-% * • . *^4 ^ -* *•* 'H-'***„‘4C :*:i-i4.> -'IS < « •said prop«rty (heralnaftar ,r«f«rr®^-to as *^t 3 ) '^'^'hss bssn tbs sobjset o£ the abovs-captlonsd litigation cosnsnesd ^^^by^blchard'J* Lorgs and Jean L. Lorgs« said litigation connencsd to :: ■-■ ■•■■•• • ilfrssolss tbs buildability of this lakeshors lot» and • •*.;'• T %» ■ •T.•V* IBA8# Richard J. Lorgs and Jean L. lorgs* thsir sttccsssors,^ r*t aadvassi gask ItMrsina £ t e r ■ci^*)''*now desire .-A" , »s * aqssjsij-r--' AGRBBOt • *4 '':4 ; A" •'■" ■ ■ ■ •- ■■•. •->*■ .'• ■■■.'• % Arh- ■ ; J-v-rr^a Uty^^hereby gr 7f%^' ^T‘ '. •Vtn-Vh^- I H «- , s ' ■ ! ••' .■ * .• ^ — ^*•* #4 ^ - 17. - JS^SSS^to width and ar ^rUiMncaatef . th«. City in order'to^rrod* f^..iy>d.r.tood .nd «,r.«l by'WrgoT.nd the ;CityJ.*^>o: o i^tSiMe'ariWby gr.nted aa part of thia a,reea»nt.*>irother:|'q:^- lirdMnts of the Orono Zoning Code shall be cowplisd witn^ ‘-^C'Jv ■'•’ ^U^;^and/or future owners of Lot 3. Lorgs - shall comply with all stats and mmlclpal lwlld^ '^^PMyUm-AfmlicAblA to the developnent of I^t 3s. .>rt:• ;' • ^ i, f •:'s * \ shall design a residential dwelling^for I«t>3. [a«^ jueh^that lio awravatlon of exiatin»-^aina9e^^~-in ii^a^rhood ahall occur. The City aMir^a^ly^ “So»ix'«eiifl»«tad enyineer and arebit^ton ’raqueat all ^ Vd t A Mintain^ by the City regarding current dralnags-TOndltions^.;^^^ ‘'^at~J«a:ah.U oth.rwiaa,«popj^^.*l^^ . r. A there ie no cost to the city, in efforts to alleviate any drainage problene in the area. 4. The City shall pa^j on any application for a dock permit vithout diserinination or preference and shall not consider in any such deliberations the width or area of Lot 3. 5. Lorge shall be permitted a curb cut for Lot 3 at their .V ;j^4mnse. . j: . _ _ _ _ _ _ _ _ _ _ _ _ _ proceduresfof^^e ;;C —j *— the^one-y •* * w ' t \*k Si \ r • 7. Lorge shall be excused from the^one-year tinelperiod in • V. - * nV .riHiich to procure a building permit in the"event that procurement . • • ^ of the bui'ilng permit is delayed by litigation arising out of the - • * "daveloptaent of Lot 3. • ' ^ . ^ % ^ fl. The parties hereto represent that the foregoing is \ entered into in good faith and that all reasonable cooperation' # 'shall be extended in fulfilling the terms and conditions of this • ' A Agreement. . 9. Richard J. Lorge and >7ean L. Lorge hereby dismiss with prejudice and release the City, all other named defendants and its employees, officers and/or agents from any and all claims made or that could have been made in the Federal District Court action file 4-82-139 regarding the above-referenced property without costs, disbursements or attorneys fees to either party. 10. Lorge agree to enter into a Contract of Indemnification in favor of the City, all other named defendants and its employees, officers and/or agents, a copy of which la attached hereto and the *- % -3- - m- ■ ? ( • • . « • . •e .4 ity# in nfforts to alleviate any drainagepawj on any application for a dock permit preference and shall not consider in any 3th or area of Lot 3. permitted a curb cut for Lot 3 at their « r f ■>iect to new special asBessmentaland/or ilcipal vaterrand'!^ewer?^serviceKto 11«oti:3 .v ■d pro=«l,«e.^tt.iClty. reused from the:'one-year timelperiod in *’“• % ’ »vJ>V , X'. TC •% • *vu-•r» */. 9 permit in the event that procurement . % delayed by litigation arising out of the y ■ •» •' , >• . to represent that the foregoing is and that all reasonable cooperation' Lling the terms and conditions of this \ s • and Jean L. Lorge hereby dismiss with ;ityp all other named defendants and I/or agents from any and all claims made le in the Federal District Court action above-referenced property without orneys fees to either party, ter into a Contract of Indemnification ther named defendants and its employees» spy of which is attached hereto and the • « -3- - < ^ I • *- V .i litigation is commenced the operate with defense counsel Lorge and shall offer all possible tance to defense counsel in the ch suit.rge and Jean L. Lorge shall have ' l ^ • ;• ** Yfinal controluover the»conduct^of ' . ei# >'*V any such litigationjan^hallvhave,i»._^^ . - ? V ? ■ control&veSthelaettlenent ' • jr-* I »* • 1 luct and "•'■.ME.aims Richard J. LotPge / CITY OF OROMO /)cr/^ Mayor TO: FROM: Chair Peterson and Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron. Asst. Planning & Zoning Administrator DATE: September 15, 1995 SUBJECT: fflOlO Loren Bnieggeman Development/Dean Maeser, 372 Westlake Street Sketch Plan Revie\v Existing Lots of Record Lots Zoning District: LR-IA, Single FamJy Lakeshore Residential, 2 acre. Application: Sketch plan review of a proposed lot line rea.-rangement/replat to result in two building sites from this 1.99 acre group of 3 tax parcels. List of Exhibits ^ A - Application ^ B - Survey - C - Letter to Propert>- Goners 6/5/95 ^ D - Staff Memo 3/8/95 ^ E - City Council Minutes 3/13/95 F - Zoning Code Section 10.03, Subd. 6 Pertinent Facts The Dean Maeser property at 372 Westlake Street consists of three tax parcels as follows: Lot 10 = 50’x544’ = 27,200 s.f. = 0.62 acre Lot 11 = 71.16 ’.x519’ = 36.900 s.f. = 0.85 acre Lot 12 = 49’x462 ’ = 22,653 s.f. = QJ2 acre 1.99 acre Lot 10 contains the majority of the driveway and 2/3 of the existing residence structure. Lot 11 contains 1/3 of the existing principal residence structure; a second "house" used onlv for storage; and small comers of two rental cabins. 1. 2. 3. 4. Lot 1- contains the two rental cabins. D.The three propenies have been commonly owned for more than twenty years, and have been used as sinele homestead with two rental cabins for many years. Earlier this year, the City Councifreviewed this property in regards to overdue sewer connection. Council concluded that: Zoning File #2070 September 15, 1995 Page 2 • The existing principal residence, which is provided with and has been assessed for one sewer unit, must be connected to sewer immediately (it has not been). • The two rental cabins are non-conforming structures due to their location and are a non-conforming use due to the rental status, have not been assessed for sewer, and must be eliminated by the end of 1996. • The three tax parcels must be legally combined within ninety days (deadline has passed with no combination). • All of the above to be formalized in an agreement with the property owner (agreement drafted to City satisfaction but not signed by owner). The basis for this action was the need to make a decision about the rental cabins sewer connection. Applicant either had to spend nearly $14,000 each to connect the cabins to sewer, or discontinue them. Council agreed with staff that providing sewer to these non- conforming structures with non-conforming uses would not be appropriate for this property. 6 Property owner has asked whether there arc ways to "reorganize" this property from three tax parcels into two useful building sites. Property owner notes that the apparent market value of the property as a single building site is less than the amount he paid for the property. Sketch Plan Proposal Loren E. Brueggeman Development has submitted a sketch plan for a lot line rearrangement to result in two useable building sites. His proposal is that all existing buildings on the proper^ would be removed. The resulting configuration would be 0.93 acre Parcel A abutting Westlake Street, and a 1.06 acre Parcel B to the east of it. Parcel B would take on the configuration of a "back lot". Please note the following lot standards data: Zoning File #2070 September 15, 1995 Page 3 Standard Lot area: Parcel A Proposed Required, 0.93 ac.2.0 ac. Parcel B Proposed Required 1.06 ac.3.0 ac (back lot) . at street setback N/A N/A W ± -at shoreline 297' 200 ’ 310 2M - at 75’ setback 262’ 200 ’ 235 200 *Note: As a newly created "back lot". Parcel B’s access corridor would have to be a 30 outlot. and it’s defined street lot lire is the NW-SE line separating Parcels A & B. Setbacks: - North - South - East - West 30 ’ 75’ 50 ’ 50 ’ 30 ’ 75’ 30 ’ 50 ’ 30 ’ 75’ 75’ 30 ’ 30 ’ 75’ 75’ 50 ’* * These two setbacks can easily be met. Hardcover allowance: - 0-75’ 0- s f- - 75-250’ 4,800 s.f.± ♦Excludes area of 12’x222’ driveway corridor, which could reduce this allowance significantly if corridor is part of Parcel B instead of a separate outlot . . . 0 s.f. 4,750 s.f.±* , 6,075 s.f. - Note that in both cases this exceeds allowed hardcover. Additionally, any structure placed on Parcel B will need an average lakeshore setback variance. Municipal Sewer As part of the Smbbs Bay project, this group of three propenies was assessed only one sewer unit^ to serv-e the existing house. The City Council had earlier concluded that it was not appropriate to provide sewer to the existing non-conforming cabins. If the proposed lot line rearrangement/ replat was approved, a sewer connection charge of $13 097.00 (1995 fee schedule) would have to be collected for the second unit. Zoning File /Jf2070 September 15, 1995 Page 4 Lot Area Variance/Existing Lots of Record Please carefully review the June 5,1995 letter to Mr. Maeser. Clearly, the City has viewed this property to-date as a single entity for zoning and sewer assessment purposes. Even though the property exists as three separate tax parcels, the use of those parcels has overlapped from both a physical and practical statKipoint. Structures exist over lot lines, and the property has been owned in common as a single entity for many years. Specifically review scenarios 2 and 3 on pages 2 and 3 of the June 5th memo. It is staffs opinion that because none of the three parcels individually meets the standard of Zoning Code Section 10.03, Subd. 6 (A-2) regarding buildability of lots of record, the City is not forced to grant buildability. This concept is addressed more fully in the June 5th letter. Issues for Consideration As proposed, is the subdivision configured as a lot line rearrangement, or is it essentially a replat? If there any justification to allow the access corridor to Parcel B to be part of Parcel B? Should it, as required in the back lot ordinance, be a separate outlot? Should it meet the 30’ minimum width required for such access outlots? 1. 2. 3. Is there any justification to allow two individual building sites on 2 acres of land in the 2 acre zoning district? 4 Should the Citv consider rezoning this property to 1 acre standards? A lot area variance would still be required. The parcel does not abut another I acre zone, hence it would certainly be looked at as spot zoning . . . 5. 6. Can suitable residences be built on the two parcels within the hardcover allowances? If subdivision of this 1.99 acre parcel is deemed not reasonably, can Plannmg Commission offer the applicant or property owner any other rclietV For instance, could a porti of the property be sold to an adjacent property owner and still leave a reasonable building site? Staff Recommendation Please review the various attachments which detail the issues with this proposal. Mr. Bruecceman will be prepared at the meeting to show how two houses might be placed on the two parcels meeting the setback and hardcover requirements. Because this is a sketch plan, the applicant is requesting direction from the Planning Commission as to whether this subdivision is feasible, and if so, under what conditions. r /T\I-%J CITY OF ORONO - SUBDIVISION APPLICATION c0« i+ L£.V<1<. . d i' 0.W A ruzrvui ii.cn T?u 2'}0. PROPERTY LOCATION aA 'I ^ J-i in n / •- Attach legal description to application. APPLICANT Name A ^ Address Citv l(j- ^ u n O Phone(home) Zip j>:rj3r Phone (work) OWNTiR (if different than applicant) Name *Oc <. -» -----------— Address City ____^C~)/N3^o ^-----AI a (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Z:J=. Z Zip 5'Si^l Phone (work) Z£-/4 Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify) I PROPOSAL Qivjjjon for Tax Purposes ^ -----Zc Lot Line Rearrangement Only (no new buildlmg sues) ” Subdivision for Ne^v Building Sites Number of^Building Sites __?----- Existing Units Proposed Gross Density Minimum Lot Size Proposed Use (check) New Units Total Units / Units per / Acres //^5Z/0 Sq. Ft. Dry Buildable Land Residential Other (specify) MDjIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMJtNAK \/^Vfaasix of fees (refer to •application fees* listed below. 2f^Completed application form. 0..^^ .h. U« H^n^cpin coun., D„. or S. t'^’SSd^»^5i^on.pl««fflaci>asq.an.eIU.ofaayod.=rpcn^youwisl.notiflrfof.lu.appUcaUo». , Zoning Official’s Signanixe_______________________________________ MINIMUM NUTERIAL REQUIRED FOR COMPLETE FINAL .. a-pi„bie) 1. Payment of fees (refer to Preliminaiy Subdivision Approval resolution and park fees U appicable). 2. Signed Cenificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official’s Signature----------------------------------------------------------- ' I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A„ Application Base Fees: y Sketch Plan Review (Class I, II III) S-00.00 _ Subdivision of a Lot Line Rearrangement S300.00 -------- S” S25.M/10. (Caas .1. ^ all .on-rcsidenual, Final Plat Application (Class III) S175.00 ' Legal Review and Filing: Subdivision only S75.00 Subdivision w/easements and covenants min. S.iOO.00 Park Fees (to be determined per Section 11.62) -------- SwdtfciSri^dTsubdiv^^ S 150.00 (No change from original application) -------- Snewd of Cass III, PrelLnary Subdivision Application S150.00 (No change from onginal apphcaiion) -------- Renewal of Final Class III Subdivision Application S 100.00 (No change from original application) ^‘'*1>roJrsSrP^i^Me*R*o*^^ S600.00 + S.50/lineaI ft.;-----lin. ft. x _50 = S------ -------- Proposed Public Roads $900.00 + S.50/lineal ft.: Im. ft- -50 - 5--------- Request for City to Accept E.xisting Private Road S900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/snib Proposed Watermain E.xtension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System. Site Evaluation Review (applicable to rural subdivision applications) $50.(X3/ncw lot proposed for on-site x _____new lots C. Fle.xible Application Fees/'Misc. Fees Variance $200.00 -------- Easement Vacation Associated with Subdivision $75.00 ^ PRD Application with Subdivision $30.00/Dwelling Unit fM;Qyide all information required or requested by the Zoning Administrator. City CotlScil'aqccssary to process this application and further agrees to pay ------------ Date ^ Date_e^i«£i^ The applicant hereby a Attorney, Planning Ctfmimssion established by ordii^ce.' Applicant’s SignaturV-^ Owner’s Signature _ ^ meetings council If an applicant is unable to attend a scheduled meeting, please make arrangements o ag°eT^tteS in your place and to advise the Budding & Zoning Office of this change prior to the meeting. #207 0 c ha N N c L Survty forULS. DEVELOPMENT0f ShAte A^. Onmo, Rmhd^r and Ammoclatmm, Inc, CAIl MO kMO tiOwOtMTt »M« #«wNi AMia • SdM M • Ca^ ■•■■■iM • Mww |*l« H> —i i/ -----------jom M4-«n«j4 ftl. M-IAt \TO c:: CITYof ORONO Municipal Offices Strest Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0065 Dean Maeser 372 Westlake Street Long Lake, MN 55356 RE: Follow-up on our discussion regarding your property Dear Mr. Maeser: As a follow-up to our meeting on April 17. this letter is to address some of the options that were di^cusL regLing the future of your property. We discussed the followmg concepts: 1. Rezone from LR-IA - 2 Acre, to LR-IB - 1 Acre, then replat into 1-r acre lots. 2. Replat three lots into two, requiring a lot area variance. 3. Lot line rearrangement between existing lots, existmg mam ouse i remaining or removed. Each of these scenarios has pros and cons, and none are guaranteed to be approved if requested. ^weveSre addressing each scenario, I will address the tax situation which you questioned. Vonr three lots which were created many decades ago as part of the subdivision of Hillside Park, tove mmained as three separate tax parcels. You asked how the assessed values on thern changed a few years ago. Orono lax records only date back to 1974. Enclosed is a copy mx and valuatiL data we have available, and 1 would offer the following comments: • 1974-76 - Greatest value consistently placed on middle lot. • 1977-82 - Steady large increases in land value, main building value still on middle lot. .11. . 1983-present - Main building value placed on the northerly lot. • 1986 -^Apparent reapportionment of homestead/HACA between north and mid • 1988-89 - North lot apparently got no homestead/HACA, and taxes extremely high (-H40-50%) for these two years. . 1990 - Taxes on north lot back to 1987 level - apparently received credits^ • 1991 - Further major credit on middle lot, but disappears agam m 1992-95. • 1992-95 - Taxes and valuation fairly stable. Telephone (612) 473-7357 • FAX 473-0510 Dean Maeser June 5, 1995 Page 2 If you have flmher questioos regarding the above information or tax data, please address them to Rolf Erickson, the City Assessor at 473-1844. Regarding each of the scenarios noted above: 1. Rezoning. Your property fust c^e under ^ Board created a number of private r •mum inr size In 1967 the ■smbbs Bay District- mqmring^^ Residential-. northwest portion -nimiiTn lot size In 1975, unsewered areas around the still requiring a one Pajniiy Lakeshore Residential District", lakeshore were rezon . lot size Each of your three lots individually is S^^neTc^:!"efo^e each has been non-conforming in lot size since 1950. sewered acrTSum sundard on un^wered " rifl rs;' LruTretra^rbeVX^^^^^^^^ area,, but has JhoL to not reduce the minimum lot size requirement to one acre m those areas. The rezoning of individual parcels in Orono is a rare occurrence, amounting to perhaps ten cases since 1975 Ba^ “ volvrrco“Zercially zoneds=r .. -m=mmrn re^x;^;^!" ru.re^e” c.:ntrdo so. especiafl/if a rezoning would allow mom houses to' be developed in Orono’s low dens.ty rural zone. 2 Replat with lot area variances. £*,s .tTir s “Si r,.r.— Dean Maeser June 5, 1995 Page 3 3. olher code requirements that would require a variance to acc^^ate this scenario, and which ultimately would very likely result m the City deoymg th request. They include; THsa n-wg-H to create a "front lot" and "back lot" in relation to the road. The back lot (with your existing house) would have to meet 150% of the S area and width standards of the zoning district under codes adopted by the City about two years ago. In a new subdivision, the City is unlikely to grant let area variances, having done so for a standard residential plat on only two occasions smee 1975, both of which were very unique circumstances. . If lot area variances were granted, and assuming a 20* access c^dor platted to the back lot. your westerly lot would ^ ^ . Loroximately 4,000 - 5,000 s.f. of hardcover mcludmg its sh^e of a shLed access^driveway. This might be a limiting factor for development of a new residence on that lot, and is unlikely to be granted a vanance for more hardcover, especially for new construction. Hardcover imght also be an issue if you were to remove your existing house and construct a new one in its plaL. After excluding the first 75 ’ back from the lake, ttus easterly lo^t would be allowed a relatively small square footage of hardcover. Lot line rearrangement (with or without existing house remaining). The purpose of this would be to simply move a lot line to place your existmg house Nothin a single tax parcel, leaving the remaining property m a second t^ narcel for construchon of a residence. Your basis for this request would rely on die fact that the three parcels have remained separate yet owned ^d might at any time be sold individually to 3 separate buyers. You could also argu that the property has sewer available in the street. The Citv’s argument against such a proposal would include the sewer unit was assessed; that the house and its appunenant septic ™ ^ made use of all three parcels as one; that Zoning Code (A) P) regarding lots of record, allows use of your second and third parcels i fLifv dwemno purposes only if they are one acre in size and have an average widdi of lOo" standards which your properties ’ and therefore even if sold separately would not be granted bu.ldrag permits. r' Dean Maeser June 5, 1995 Page 4 In doins a lot line rearrangement, you would be asking the City to treat each of your lots seoarately as individual parcels. If the City was convinced that you could construct a reLence on each parcel as it exists today, whUe meeting aU and width, then the City might have a basis to consider rearranging me lot Imes to create mote useful lots. However, because the zoning dismct fact by definition a Im line teatrangement is only allowed when the resulting lots mee all zoning standards, which is impossible in your case. scenanos. ^ 1 review- at which you present a proposal to the your imtial step should ^ i„ Uiat case by hiring a professional sue Planning ominissi . property could be developed while meeting hardcover and S s"d!. Even if you do this, there is no guarantee that the Planning Commission or Council will be persuaded to ignore the lot area issues. further assistance. Sincerely. Michael P. Gaffron Assistant Planning & Zoning Admimstrator MPG/Isv Enc. Ta.x Information 1974-1995 •rOTTVt-i /f?y iiif:. I^-K. ;?77 /).??-.. rtiy- /♦^_i_ H?0D • ‘1,100 O fiioO n»x 16.10 — (Ql^ 2-2,t»SO (nO I.5;<\M0 — (wi) Ii),i/?D 33^05(111^ ([•23*1^ l^jWCO °^T,ooa(jot^^ nsz... /f«_„ y?ei /f«t* /?^'7 /?ea mi Mo nv hn imnw mc 5;e00.„. U,l]0P.. :._.:i^jL'ii<^!^‘’x 28^00. 3«,3oo(iw^ /f^/.„fc,ecO ._...> _ C:^/A U’l,000..5^.^oo(j3o^ .-?1.|pp ___O 75-0 fc2,'^o^CT,loO ^*sl; 5^000 ^7 2«l0 r'^.OCO . l,oco(3ib) 55’,6ot>.C^5o'^ M2,boo . ),ooo(^^ SSJoco i 2,ns) ^ZjCoo ).oco ^34^ sr;coo (^/sx»s'')>w V?,cix3 /,coo (114/^ CS'/OVO (/riu'^H^j&oO |,oc>o (i»o) nr,coo 610 i'll i M2 ,coo I ,o» r^^oo MS’,-700 /.eoo (ifnj _WO^ooo_ H^^odo i' i/r, cwo : >/r,ooo ^Ipoo ; 3^r,o^)o t; 5^,100 ^Czs') C7,")oo jrv-iLoo Ctioi) 51,no:> ^,Loo 6to''^ Ji.Woo ^'7,3po {'zoni^ 7,?t^> ^2 imO £T7,noo 60, too 5 (fiOpoo i.oooCvui) /?*?! //jc/-mu*C> //^oX cm <70/B •• /JOT 1/^eui.tt.^ ;McA ColS P.SCO • • ^9ooc> I,coo ' V. Sj§,ooo ^dpf'O I,poo ^,0OD I,coo Lopoo 1^000 %,<2CO 5,S0O (ts^i^ lopoa \iioo (siO 11,100 ),MOo(st.u>| J'f.doo J,loo(Mf^J p,IOo. 3,MO oC40^) ,3S,«ioo 3,wo(27L) 30pcO C. coo r*! mb') 30^COO ^yOOO^IOTi) .3P,CoO S,D0O 673) 3>?,coo 5,coo(ioiM)! ^r^cco s,ocoOi*»s) l^,Ooo ^,cco 59,(00 s,3C>oOMlti V'S’^eoo S/loo ‘/^■^(roO ^,Mto(/s<-\) VJ ”|001> c,*/ooOl7^ Mr.oco s^oo(/-ii) & Us '^%/0O ^HPO , ____ l..%)Zso________________... /5'6(9. .. . _. w . . ^3H,^iC, /8^)B s',‘(6o 2M.W . _...3«c,90O JBSO . . ... ^7,/QO_________HO^Z jDO^_______...................................... .... ......................HO, too .„_._/1.l3 70y7OO 62,6,00 .> ► ^... r-. „ 137,/op.........__^2,2(?p. .. m,ooQ 61, Ooo / 112,600 ______. 6/, 000 .. |12,000 6/,000 |12,OoO GI,ooO SI00 . ........ . • ••«»•• 3^ r/.l' 123,0(70 /22,0O0 1^2,000 / 50,000 fUOpoO jiopoo )(^OfPoO }(ol,IOO Il3>,c>00 _ ^/,0^o 6/,£>oO d>3,(/oO yipoo (p^poO lo'i^boo Sl,9>oO (^3,700 &^,900 > tyj <j (nuH^xa- • -K..! •/. 2/736, - . 3B'2l s-)n r*/// ^■^37 .................A/ ..- ..•'.^.72~»:T-: ;.- '7~lp ;; ' ' r.‘-V' , ’• * ►•• V.v - • • •«• • i* ^ ••^.•» ••• •• • iV« • • • I .• • *. • •••• • » *.•«»*•• ••. •* ^ 7 .".**■ ^* * * * , • •.*• REQUEST FOR COUNCIL ACTION DATE: March 8, 1995 ITEM NO.: Department Approval: Name Michael P. Gaffroa Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Sewer Connection - Dean Maeser, 372 Westlake Street Summary unite would potentially create a strong argument for prolonging the nonconlorming use or for a subdivision with lot size variance request. The property owner has not met the 16 month deadline for connection of the principal re^dence. and staff has provided a number of options for resolving this situatton as The septic system serving the residence and cabins is nonconforming in setback from Uie lake and height above water table. The propertv owner requests that the Council approve Option 4. co^ection units m municipal sewer with no connection charge (SAC charge would be required) for a period of five vears stanine now, at the end of which the cabins would be removed. Staff would rec^end a shoner lime period given the nonconformity of the rental use, and the fact the owner has been aware of this issue for approximately three years. List of Exhibits A - Letter from Michael Perlman 2/10/95 B - Letter to Property Owner 2/1/95 C - Sun-ey D - Ordinance #105, 2nd Series E - Letter to Property Owner 8/8/94 F - Letter to Propeny Owner 3/24/93 G - 8/21/92 Staff Meeting Notes H - 3/17/92 Letter to Property Owner I - Staff Memo 2/24/92 (Excerpts and Plat Map) J - 7/28/80 Letter to Previous Propeny Owner K - Nonconforming Use Code Sections L - Code Section Requiring Separate Sewer Services Request for Council Action continued page 2 of 3 March 8, 1995 Sewer Connection - Maeser Additional Information • Exhibit B defines the City ’s stated position on this matter based on code requirements, past City actions, and past actions by the current and previous property owners. • Three of the four options proposed by staff for resolving the issue require City Council approval. • Additional exhibits have been provided as funher background on this issue. . While the cabins are not falling down, staff has been called on by tenants in the past to deal with substandard electrical wiring in the cabins, which was repaired. • Staff has concluded that the nonconforming use sections of the code technically could apply to these cabins, and that their nonconforming use for rental purposes could have been required to cease as early as 1978. • The current owner purchased this property in 1985. Staff Recommendation Given that this 2-acre property .a a 2-acre zone is too small to subdivide, and given the pr»P=^ owner’s understandable reluctance to spend nearly 528,000 to connect the cabins to sewer, staff would recommend that Option 4 of E,xhioit B be conceptually approved via execution of an asreement to be drafted by the applicant's attorney and approved by the City Attorney, containing as a minimum, the following conditions: 1. 3. The principal residence shall be connected to municipal sewer within 90 days. Tlie two cabins shall be connected to the municipal sewer within 90 days. Such connection shall be a separate connection from the principal residence connection. Connection of the cabins to municipal sewer is considered temporar>', and such connection is allowed fo- a period of___years. At the end of-------years the propertv ’ owner shall remove said connection, remove plumbmg from the cabins, and discontinue rental use of the cabins. The cabins then shaU either be removed from the property or moved to a location on the property that conforms with all provisions of the Orono Zoning Code governing the location and use of accessory storage structures. Request for Council Action continued page 3 of 3 March 8, 1995 Sewer Connection - Maeser 5. 4. Prior to connection of the residence and cabins to municipal sewer, the property owner shall pay the appropriate Sewer Availability Charge (SAC) and obtain the appropriate connection permits. The property owner shall not be required to pay the connection charge of $1^,097 per cabin since the connection is temporary in namre per the terms of this agreement. 6 By allowing temporary connection of the cabins to municipal sewer, the City is in no way granting any specific rights to fumre reconstruction or replacement of the cabins. Further, connection of the cabins shall not be used as jusnfication for any request by the property owner for future variances, subdivision of the property, etc. 7. There shall be no refund of any SAC or permit fees when the cabins are disconnected. 8. All three tax parcels shall immediately be legally combined into one tax parcel. COUNCIL ACTION REQUESTED: Give staff and the property owner direction regarding whether the proposed option is conceptually acceptable. If so, take the following action: 1. 2. Determine how many years the temporary connection will be allowed. Advise applicant ’s attorney to work with the City Anomey in drafting a mutually acceptable agreement for Council approval. (#12) SEWER CONNECTION, 372 WESTLAKE STREET The Applicants. Mr. & Mrs. Maeserwere present, along with their attorney. Mr. Perlman. Gaffion reponed that this prcpetty was “ cTose There are three tax parcels with are non-confoontng as to the lake, and one structure used in a single family rrrerrthfh:rs locked on parcels. TMs arc3 is a rwo acre zone. Gaffion reponed the need to fp“ sWermpoViJ^' sdudon. Each residence is connected to sewer. H°WmS connecdon charaes would be S13.097 per unit would require separate comec.io . jhe house and cabins are not yet uni. or S26.000 plus S850 SAC .0 three stmetures. The ‘“otSr^s Se, a^d less than 3' above the water table. Staffihas ^ven several options for the option #4. This conneas sewer permanently to ffie h ^ removed after a defined ^ — “ Lw-er, but not have to pay the S26.000 conneaion charge. ....1~ 22 »»..™ 0.|» ~ »-.»n tv^o years ^ . , existinc nonconforming septic system. -) rental use or cabins. ^ctem for the t^vo cabins, which requires intensive and construction or a i ° ^ connected to municipal sewer on a e.xpensive pav^ent of the connection charge. Option would relatively permanent basis. r P - subdivided in the future. .equue a condition ..puiatmg would require immediate . oahe touse io sewer but allow the cabms to remain on septic for a shod time before removal. T • -ncT histoPr’ as requested bv Goer.em this property’ is in the Stubbs Bay sewer ^ area^Mr Maeser was iniormed prev'iousiy about the one unit ot sewe'-, an rte"^Sns were left to be resolved at a later date. A letter was sem m .August of regarding the need to connect to sewer. (#12 - Sewer Connecaon - Continued) t hook up S6wcr for the house, but docs not Goetten voiced her concern with the need o v ^ wants to want cabins to be connected. She does not wish for prcc see that codes are met. , .• A r.r,r^nns with Mr. Weekman in 1994, and Attorney Periman reported he ,he owners with additional options. later with Gaf&oPs who indicatea he communication with the City The letter from Gaffron sent last month was the next comm according to Perlman. Periman said that the owners are " *:,cro7ne« m“lt U Z cabins is their main concern as the c- ‘ P cabins and house to sewer. Perlman said prohibitive for the owners to conn^t resolved to remove the cabins, but wish to the owners are asking for option an ..^n-ed The owners are wiiling to pay the allow for a longer period ot time oeiore i - pQ^int fee. costs involved to connect the house to sewer, p y • osrchpm Gafrron said it had been added onto in 1980 Kelley inquired of the current septic handling the use by the two cabins and does present problems with the-rr ^ of the stipulated r.vo year period at this time, but would need up^aomg at t * questioned whether the cabins allowed for upgrade of nonconiorming sys _ proximity to the lake, w«e legally, or dlegaily, b" " e^denL in .he Hes of any The condirion ot^e w Ihe'^n house. It was for the cabin rentnls was not P Gaf&on said that an noted that the survey was ^ ,„ere asked if they knew at updated surrey was cabin remal was coniorming. The appUcants said ::;rd:‘t "hS-s.ce .hey were herns rented at ri.e tune. Hum moved. lab'oour secondeOo ?emii°urr'a-.-°edto benP-ded:^p^a^S^h= ^^XmTe'al^r'e'quired to flowed. The cabins must then be removed ‘ “ .bo owners and the combine the thr« Xe'to -itS^Ion with the Citys anomey in Cmr w-ul be drar.M ^rb^dtese con6uons. Barrea noted rite, if the septic ar/no'r to the date allowed, the use o.The septic system would have to be abandoned and rite time penod ended. Ayes . avs , , K gxce/cP rr * • • A <V •/S'-t. ■ iO S 10.03 8*C. 10.03. GEHWUO. PBOVTSIOMS. ,. 'S'- trn-.i4"^ h««lth, •ot*l«, and weltar*. «..h<4 2 Mor* Raatrlctlwa Ptovialoni To Apply. Where w ll'ooeld bv any provlilon of the Zoning Chapter arethe condltiona teitrlctlve than comparable elthec .oca ®her law. City Code provision, statute, condition! Imposed by any ““l„r'\he regulations which are Mt^^«.Wlct^.”o “ i-pos. higher standards or requirements ■hall prevail. Source: Municipal Code Effective Date: 9-14-67 Subd 3. All Permits Compatible with Agency pcopoaed action or per SSnUff^and Shetland* Guidelines Policy Statement promulgated by tSi Lake MlnnetoVka Conservation District, °;\Ve Ci“ in the City Ball. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 4. Prohibitions. It Is unlawful 1° enlarge, reconstruct or alter any structure or use land for any purpose nor in any manner which is not in con form, y with the Znnlna Chapter. - — Subd. 5. Non-Conformlng Uses. Any ‘L''‘ yt‘e"on msKip-h actually and legally devoted to a non-conforming use on jJiSar; 1. li75. «2y be Continued in said pursuant to conditional use permit granted as herelnaf specified. A. The non-conforming use may not be changed to another non-conforming use. B. Nothing in this Zoning Chapter shall s placing of a structure in safe condition when said „ary declared unsafe by the Building Inspector, providing the neces / OROKO CC (4-1-84)V '■: ( cI • « S 10.03 repairs shall not constitute more than fifty percent (50%) of the fair market value of such structure. Structure shall Include auch accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monumenti. C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before If it be reconstructed within twelve (12) months after auch calamity, unltss the damage to the building or structure is seventy-five percent (751) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter. E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future uae of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming uae involving a structure with an assessor's fair market value upon the effective date of this Zoning Chapter of $3,000.00 or leas, may be continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non-conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under this Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more than six (6) months prior to the effective date of this Zoning Chapter, may be completed in accordance with the approved planaj provided construction is started within six (6) months of the effective date of this Zoning Chapter, and continues to completion within two (2) years. suen structure and use shall thereafter be a legally existing non- conforming structure and use. H. Normal maintenance of s building or other structure containing or related to a lawful non-conforming use la permitted. Including necessary non-structural V* incidental alterations which do not extend or intensify the non conforming use. ORONO CC (4-1-84) .. 4 * • -j .r--*.1 i n . ----------- - • • s 10.03 «.T ‘~>““ •"• "«■'■" ■>< dwalllng units or bulk oC th« building. Sourcet Ordinance No. 172 Effective Datei 1-1-75 J Apply to -us.s- Only. Th. non-conforming us. m S.W *p]«M4nA chAofc.er aDolv only to the use to which proviiioni of the Zoning Ch p PP Y , ^ situations where location or of structur , strict conformance with Involving the use of the chaoter Where, however, such a 10.08. _ _ _ _IIM— ' subd el ' Lot of Record. A lot of record Is any lot for which a d..d or ‘•9l»tered land sutvay^has been^« S5SM^n^o^^^f^’M?n^^ota.‘prior to January l, 1975. and after approval by the Council if required. Sources Municipal Code Effective Data: 9-14-67 A Existing Lots, h lot of record existing upon ^ 1Q7S in an "R" District, which does not meet the t o° «». louo-ln, .<• met: Source: City Code Effective Date: 4-1-84 1. In -R" Districts of One Acre or Less and Hlth Public Sanitary Sewer. * f * in'anv'^'R*'oVst'r^ict'^of the effective date of this Zoning Chapter . g.rviced by City of up to and Including one acre, which lot public sanitary sewer and which L^utilized for this Zoning Chapter as to area or width approval single family detached \ot ace within eighty If the area measurements and chapter. However, percent (80%) of the requirements of developed unless the lot of record shall not be mote Intensely develop ORCNO CC (4-1-84) I I < .• combined with one or isore abutting lots or portions thereof so ss to create a lot meeting the requirements of this Zoning Chapter. Sources Municipal Code Effective Dates 9-14-67 2. In "R" Districts of Greater Than One Acre and Served by Public Sanitary Sewer. A lot of record in any "R* District in the City In excess of one acre, which does not meet the requirements of this Zoning Chapter as to area or width only, nay be utillxed for single family detached dwelling purposes if the aver^V*^ wVd” h^ th^e loV ii\?\eVsVlorf%e\V%) " A *iV eeVv.d by public sanitary seweri (c) It otherwise meets the requirements of this Chapter or other applicable City Code provisions. 3. In "R* Districts Not Served by Public Sanitary Sewer. A lot of record in any "R* District in the City not served by public sanitary sewer must meet the area and w^tn requirements of the Zoning Chapter and shall not be utillxed-tor single family detached dwelling purposes without Council approval. B. Combination of Separated Parcels Prohibited. No lot or parcel of land which 1s divided by a public, P^f^^ate or platted road or road easement, which results in any segment thereof being less than the minimum acreage required for that xoning dis trict, shall be allowed to be combined with any separated P^J^el of land across the road for purposes of qualifying under acreage, open space, required yard, setback or sanitary system requirements, nor shall building or density credits be credited or transferred between such parcels under any of this Chapter. Each separate parcel must individually conform to the provisions of this Chapter in connection with construction of improvements thereon. Sources Municipal Code Effective Dates 9-14-67 C. The separation by the transfer or sale of non- conforming, undeveloped lots not served by public aligned in a contiguous arrangement, undivided by a public oc private road or road easement and under same or common not permitted without Council approval. Council required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Sources City Code Effective Dates 4-1-84. ORONO CC (4-1-84) ... ••.... 4, ' mm •• • • ■Ut.. « r ,• **S 10.03Sabd. 7. On« Bailding P«r Lot. Excopt in tho caao of Flaimad Basidmitial DovolopMnts as providsd for harainafter, no •ora than ooa priacipal building shall ba locatad on a lot axcept that staff aav itsua a panit to usa a aanufacturad hoaa that shall Mat all raqulrad satbaek standards or an axisting dwalling whila a na«# principal structora is baing constructad. Such parmit shall ba iasnad for a pariod of 3 annths, any axtansions aust ba approved by tha City and shall axpira upon issuanca of a cartificata of occupancy for tha naw structura and such structure raaovad. Sourest Ordinanca 26, 2nd Sarias Adoptadt 7-14-S6 Subd. S. Lots to Faca Straats. public straat or appropriata privata aas< Each lot shall faca on a ksnt. •Fitructu Subd. 9. Accassory Buildings. A. Tisia of Construction. No accassory building or structura shall ba constructad on any lot prior to tha tins of construction of tha principal building to which it is accessory. B. Haight Restrictions. No accassory building In tha ”R* District shall exceed tha height of tha principal building, nor shall an accessory building exceed 30 feet in height. Source! Ordinanca 72, 2nd Sarias Adopted! 8-14-89 C. Area Rastrictions. Zn all ”R* Districts no accassory building shall exceed 1,000 square feet of footprint area except that accassory structures in excess of 1,000 square feet will ba allowed under tha following conditions! 1. Not Bora than one Oversized Accessory Structura (OAS) shall ba permitted on any property. An "Oversized Accessory Structura* is defined as an accessory structure of foot print area in excess of 1,000 square feet, except that tha following non-roofed accassory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accassory Structures*, but are subject to tha special setback restrictions of Section 10.03, Subdivision 14 (0)i - Tennis courts “ Pools, whan pool basin structura (excluding non- encroachmant-typa patios) is greater than 1,000 s.f. * Paddocks or arenas ORONO CC (4-1-84) ..r .. ...I_______S 10.032. Oversizedregulated by tha following table!Accassory Structures are " 1 • ^ X • * • •• “ . V Vi. . ,* .* • HaxiBuai Individual Accessory Structura HaxisiUBi Allowed Total of All Accessory Structura Footprint Areas* Lot Area Footprint Area on a Property 0-1.99 acre 1,000 S.f.2,000 s.f. 2.00-3.00 acre 1,200 s.f.2,400 s.f. 3.01-3.50 acre 1,400 S.f.2,800 s.f. 3.51-4.00 acre 1,600 s.f.3,200 s.f. 4.01-4.50 acre 1,800 s.f.3,600 s.f. 4.51-5.00 acre 2,000 s.f.4,000 s.f. 5.01-6.00 acre 2,200 s.f.4,400 s.f. 6.31-7.00 acre 2,400 s.f.4,800 s.f. 7.01-8.00 acre 2,600 s.f.5,200 s.f. 8.01-9.00 acre 2,800 s.f.5,600 s.f. 9.01 acre or more 3,000 s.f.6,000 s.f. * Excluding non-roofad tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structura shell be subject to the following conditions! a) No such accassory structure shall be located within a required yard area (principal structura setbacks must ba met). Further, no such structura shall ba nearer the front lot line than tha front line of tha principal residence on the property, and no such accassory structura shall ba locatad less than 30' from the aide or rear lot line regardless whether less strict principal structura setbacks apply. b) Tha maximum height for such accessory structure shall ba 3()' or tha defined height of the principal residence structure on the property, whichever is less. c) Such structura shall be allowed only when the property owner agrees and covenants in writing with the City as follows! i. No future subdivision will be approved that places tha structura within a lot that has no principal structure, except that tha City in its subdivision approval may grant a finite tine pariod in which tha oversized accessory structure may remain without a principal structure, in order that a principal structura SMy ba constructed. At the end of this time period the oversized accessory structura aust be resiovad if no principal structura has been constructad. ORONO CC 255-1 (8-14-89) € '•i .‘V‘ • • f ' •. •* \ S 10.03ii. If tha proparty is sabdlTldad, tha ovarsisa sccatsory stmctura and principal structura will ba locatad togathar within a lot that aaats tha ■iniMua lot araa raquiraaant for tha givan si*a of accessory boilding. iii. In aubdiviaion approval, tha satback raquirad for tha ovarsixa accaaaory structura as dafinad harain shall raaain. Such covanant shall ba binding on currant and future property owners and shall ba filed in tha chain of title of tha property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accaaaory building shall be located nearer the front or street lot line than tha 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 requirenents of Section 10.23, Subdivision 8 (B), Section 10.24, Subdivision 5 (B) and Section 10.29, Subdivision 8 (B) except that detached ga-'ages nay be located 10 feet from the street or rear lot line when doors face away from tha street and a turn-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 / 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water nark of a lake abutting the property. This lakeshore setback shall be determined as the naan horixontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Hinnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 ■r* • i * S 10.03 E. Setbacks. Accessory structures in excess of 790 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 19 feet from any lot Une. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 Subd. 10. Conditional Use Permit Bequired. All acces sory buildings on through lots located in •R* Districts shall require a conditional use permit. Subd. 11. Dwelling Ose Prohibited. No cellar, basement, tent, trailer, or accessory building shall at any time be used as an occupied dwelling. t* j ORONO CC 255-2 (4-1-84). S ORONO CC w’ 255-3 (4-1-84) 't «... % ► •a*.- S 10.038obd. 12. Crowding Principal Building. Ko accastory bonding or atroctura, unlasa an intagral part of tba principal building, shall ba aractad. altarad. or oovad within tan fast of tha principal boilding, nor within tan faat of anothar accaaaory structora.Sourcai Ordinanca 72r 2nd Sariaa Adoptadi 8-14*89 Bttbd. 13. Garages. Accessory buildings which are for autoBMbilas shall have tha doors thirty feat or siora frosi tha proparty lina whan said doors face on a public alley or street. Bttbd. 14. Yards and Open Spaces. A. Reduction Prohibited. No yard or other open space shall ba reduced in area or dimensions so as to make such yard or other open space lass than tha minimum required by the toning Chapter and if tha existing yard or other open space as existing is lass than tha minimum required, it shall not ba further reduced. B. Application to Only One Dwelling or Group. No required yard or other open apace allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. C. Lot coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 151 of the lot area. The following shall bo included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 8* above grade level. 2. Tennis courts, patios, decks, and all similar •open* structures when partially or fully enclosed by fences# railings or walls which extend more than 6* above grade level (if any portion of such structures extends more than 6' above grade level# the entire structure shall count toward lot coverage). 3. Pools, including pool basin and associated deck or patio areas# regardless of whether such pool basin, deck, or patio is enclosed with a fence. Source: Ordinance 80, 2nd Series Adopted: 2-26-90 ORONO CC (4-1-84) .• S 10.03EXCEPTION. Regardless of lot area# every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures.D. Tennis courts, pools and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area# shall be subject to the following special setback restrictions: Front - 30* minimum and not within the required front yard nor between the front lot line and the principal structure on the property Side - 30' minimum and not within the required side yard area Rear - 30' minimum and not within le required rear yard area Source: Ordinance 72# 2nd Series Adopted: 8-14-89 Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders# sills# pilasters, lintels, ornamental features, mechanical devices# cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings! lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within five feet of the front lot line. C. Fences which do not exceed 3-1/2 feet in height# fences not over 6 feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill it required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road# terraces, steps, uncovered porches# stoops or similar structures# which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than 2 feet from any lot line. 0. In side or rear yards only, bays not to exceed a depth of 2 feet nor to contain an area of more than 20 square feet# fire escapes not to exceed a width of 3 feet# fences and walla not to exceed a height of 6 feet above original grade and open off- street parking except for lakeshore lots, no fence or wall over 42 inches but not in excess of 72 inches in height above original grade may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. Source: Ordinance 9# 2nd Series Adopted: 1-28-85 ORONO CC 256-1 (4-1-84) / J 7i . . -• .. r . -•» f.. • -C ' ■ . . I•.4 S 10.03•• y«j only; balconlas, braacawaya, datachadwithin A rtar yard axcaad a height of ( feet above original grade.«.K 5^**’*** only; no accessory structure shall b« orlViMl Vr«dS! *»caad a baight of C faat abova Source I Ordinance 9, 2nd Series Adopted! 1-28-85 Subd. 1«. Traffic Vialbillty. No fencaa. ttructuras or !c..S‘MiVK fSirfroI* thV Dolnt"*/“h‘O • point thirty th:%oISt o5*bS9Jnnln5.‘"®'""'"’ ‘henca to Sourcaj Municipal Code Effactiva Data: 9-14-67 nivYhY V. itTAVion. Of” u“d"erthe panalt. tha Mxl.ua nuaber and -of animal, ^ ’determined by the Council, Hdirr«r^*.4 ^ shall be shall be reviewed and the Col- i' \ operation axl.tln, -atock fan." will no^ '^ir oVlnio; hi'’*//':*public safety and the genera; detrimental to the ORONO CC (4-1-84) ->*■ *♦ •— ••• • • a ’•\ iO ORDINANCE NO. 1^^ . SECOND SERIES _•AN ORDINANCE TO AMEND THE MUNICIPAL ZONING CODE AND SUBDIVISION CODE BY DEFINING ■ STANDARDS FOR THE CREATION AND USE OF LOTS wnicn DO NOT ABUT A PUBLIC OR PRIVATE ROAD THE CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS; SECTION I Municipal Zoning Code Sectioa 10.02 and Munkipal Subdiviiloo Code I ntlL.Kliv.tion 2 afe each hereby ajneoded by adding the foUowing defiaidooi: "Loi Back* • AJot typically leparaied from a public or ptiviie road by another lot and which giuu.ad»M 10 0>* public or pnvaie toad via a narrow corridor. Such a aeparaicd 10 be a "back lot* when (he corridor is planed as an ouUot. A separated iStiswnjideted to be a •Ilif lot* when the coitidoc is pUlied M part of the lot. When the comdor is merely an easement over another kx. (he separated lot U considered to be ScracuThi^t loi*. ■Ut F'oni* • A iJ abutting a public or private road, across which an outlet bat been planed for accesyco a back loi. ION 2. Nfunicipal Zoning Code Scciioo 10.03 is amended by adding Subdivision 27 which shall read as follows; Subd. 27. Special Sundards for Back Lois Crtaied After January 1, 1994. aa defuicd in ibis section which were created as pan of a subdivisioQ that received pieluniiury subdivision approval after January 1. 1994 are subject to (he following special requirements in addiuon to (he standards required In Section 11.31, Subdivision 5 of the Orono Subdivision Code: A Duncnsional standards for back k)CS shall be as follows; Lot ana shaU be 130% of the zoning district requirement. i. ( width measured parallel to the front or street lot line at tbt street yard setback line of a lakesboiv back lot, or at the front yard setback line of a oonUkesboev back loc. shall meet the »mng disinct width requiremeoL The street yard or front yard for any back lot will be a yard staituig where the narrow access ouUoc corridor ends and the loc begins. Lakeshore back lots shaum^ the lot width standard at the shoreline, at the lakeshore setback Une. and at the street yard setback line. 1. 2. • i . 4.. 3. IbedqNfaoribeitquiftdffletyifdorfrootTtni shall be 150% ' of the mttinf disnict frooc yard lequiromexiL 4. The required side yard asid rear yard depths for back kxs shall be 150% of the aooisf district yard lequiremeocs. The required |airMhnw» yard of s Ukesbofc back lot shall sect the zoniiig district lakesbore yard requiicfflcots. B. Dhueiisiooal standards for front toes. A front lot created as part of a froot/back lot division shall meet all zoning district area, width and se^ack standards, except that the required side yard of the frooc lot adjacent to the access outlot shall be equivalent to the side itreei yard requirement for that zomng distna. C. Access requiremeou. 1. Access outlots shall be 30* minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighbonog properties. 2. In approving froot/back lot divisions, the City nuy require that both from lot and back lot share a driveway access within the access outlot if Council detennioes that creating an additional access to the existing street will be a poiemial safety hazard. 3. Driveways within a back lot shall be located at least 10* from the side or rear lot lines of adjacent lots. 4. No more than two residences may be served by a driveway located within an access outlot. 5. No access outlot may be platted ab iding an adjacent access outlot except when the intern is to combine the two access outlots for creation of a public or private roac meeting City standards. D. Screening requirements. 1. Driveways constructed in access outlots shall be adequately screened by fencing or vcgeauoo at the discreiioo of the City, at all points to the rear of the required street yard of the from lot, so as to eliminate intrusion of vehicle headlights imo the side or rear yard of adjacem lots. * * ‘r • • : '»•» 4 • ■* r.) 0 ^ c r C; I r 2. The street yard of the back lot shall be adequately screened by fencing or vegetation at the discredon of the City, so as to eliminate innusjon of vehicle headlights into the side or rear yards of adjacent lou. E. Standards for accessoiy structures. Accessory structures than adhere to ail requirements of the zoning code, with Che following additional requuements: 1. Accessory structures within s back lot shall be allowed no closer than 10' to a neighboring propeny's side or rear yard. 2. Accessory structures shall ooc be allowed within ibe required street yard of a back lot nor within the required rear yard of a front lot which abuts the soeet yard of a back lot. 3. No accessory structure shall be allowed within in iceett outlot. SECTION 3. Orooo Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following lingiuge substituted in its place: Subdivision 5. Double frontage lots, access to lots, and froot/back lot divisions. A. Double frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residemial developmem from traffic arteriils or to overcome specific disadvantages of topography and oriemaiioo. B. Access from any arterial roada^y. Lots shall not, in general, derive access exclusively from an anerial roadway. Where driveway access from any anerial roadway nuiy be necessary for several adJotniDg lou, the Council may require that such lou be served by a combined drive in order to lirn'C possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles 10 back imo trafric on any anerial roadway. C. From/back lot subdivisions. *Flag lou* and "easement back lou* as defmed in this Chapter (see defmitioo of *Lot>Dack*) shall not be created. Frooi/back lot divisions shall be allowed only In coqjunction with the Creadon of an outlet to provide access from the back lot to the public or private road. Such ouiJoc shall not be allowed as crediubte lot area for cither (he back or front lou. Fmnt/hack lot subdivisions shall adhere to the following standards: . i ; 4 "O i '■* . • • • ••/r i*- : • • •. V .. . , .::^ •I*! * r . •». •«»« - i* • »—A .x_. V . ;« aClb • t . . .». ♦1^.• 1. b. Applictbilify. n« *“o*' ** * iMe-by-sIde loc *?“*• J?*! tcteage is sdequsie to provide a *troii» lot* and a back l« wlibout lequiring an ««a variance when the area of the outlet access comdor is excluded. Ftontrt»ck lot divuions may be used for Wmdual ’lot Mlits* but may not be used when subdividing a large ^’uBo oumerotu lou if creaiioo of a ^ lot IS wely I eonvemence m the developer niber than supported by ^plqiig site ficton. C A froot/back lot d.vis.on sbaU not be *>'<>*“1 ^ existing residence on a neighboring property abutting proposed access outlet U located nearer its affecied side lot a distance equivalent to the lomng district required from yard depth. Dimensional standards for back lots shaU be as follows; a. Lot area shaU be 150% of the loning dismci requirement. Lot width measured parallel to the front or saeet lot line at Uie street yard setback line of a lakesbore back ot or at ml rear of the (mot yard setback line of a nonlakesbore back lot shall meet the zoning district width ' The street yard or front yard for any back lot wiU be a JlTd surunj where me narrow access jrthe lot Ugms Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakesbore set ac liDC and It ihc street yard setback line. b. c.The depth of the rcqmicd street yard or ^ 150% of *hc zoning dutnci from yaid rccu O : G ^ ■ (. I 3 Dimensional standards for boot lo«. A ^’ of a ftoniAiack lot division shaU meet aU aoni^di^ ^ JidU. sundard*. except that «be requiredthe front lot adjacent to the access outlot shall be e^valent ir» the side street yard requiremeni for that ronmg district. 4. Access requiremeois: . Access ouUots shaU be 30* minimum width, and sbaU wide enough to accommodate drainage, snow removri ^ screening wiibout encroaching on neighboring properties. h In approving front/back lot divisions. Uie City may require *’• Sa!" m tont lot and back lot Usm. . driveway within the access ouUot if Council detenmnes that creating an^iuonal access to the exisung street wiU be a potemial safety hazard. . C Dnveways within a back lot shall be located at least 10’ from the side or rear lot lines of adjacem lou. d. No more than two residences may be served by a driveway located within an access oudoc. No access ouUot may be platted abutimg an rj* except when the uuen. 1. to combine the for creauon of a public or pnvaie roml meeting City Standards. Screemng requuements and Front/back let subdivisions shaU be designed in a of U^^ning lequiremems and accessory stnKtuie standards of Secuon 10.03. Subdivision 27 can be met. nre requiremena and standanl. of this seethm ” those froni/back lot divisions which receive piellmuuiy p approval after January 1# 1994. C. n o- » • «t ^ • •• •• • • • _-wa ».e' — <• •• mm ^ by ibe Ciiy Councfl of Orooo. Minneiott oo (his D«c««bT . 1993.byiv(«of^iyes«ii<l_jL»»y*- 13 diy of fird J. CilfidiAii, Jr.. Mayop^ \•.«k. ^ f 10.0« SEC. 10.OS. AOHINISTRATION JIMD ENFORCEKBIT. Subd. 1. Zoning Administrator. The Zoning Chapter Shall be administered and enforced by the Zoning Administrator, vho ahall be appointed by the Council. Subd. 2. Duties and Authority. The Zoning Administrator shall enforce the Zoning Chapter and also shallx (1) determine that all building permits comply with the Zoning Chapten (2) Issue all zoning occupancy certificates and make and maintain records thereto; (3) conduct inspections of buildings and use of land to determine compliance with the terms of the Zoning Chapter; (4) maintain permanent and current records of the Zoning Chapter, including but not limited to, all maps, amendments, and special uses, variances, appeals and applications therefort (5) receive, file and forward all applications for appeals, amendments, variances, special uses or other matters to the designated official bodies; (6) institute in the name of the City any appropriate actions or proceedings against a violator as provided by law; and, (7) serve as an ex officio non-voting member of the Planning Commission. Published in the Laker/Pioneor newspa, the week of 12/27/93. C * Source; Hunlc(-^al Code rfl' Ive Date. 9-14-67 Subd. 3. Appeals. A. Board of Appeals and Adjustments. The Planning Commission is constituted as the Board of Appeals and Adjustments. The decisions of the Board are advisory to the Council. B. Powers of the Board of Appeals end Adjustments. The Board shall have the following powers; 1. Zoning; Appeals and Adjustments. Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any of the conditions imposed by the Zoning Chapter. The Board of Appeals and Adjustments has the following powers with respect to the Zoning Chapter; ^ ^ (a) To hear and decide appeals where It is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the Zoning Chapter. (b) To hear requests for variances from the literal provisions of the Zoning Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Zoning Chapter. "Undue hardship” as used in ORONO CC . .V • . 260'(4-1-84) t: - ••• S 10.06connection with the granting of a variance neans: (I) the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; (2) the plight of the landowner is due to circuastances unique to his property not created by the landowner; (3) the variance, if granted, will not alter the essential character of the locality; (4) economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terns of this Chapter; (5) undue hardship also includes, but is not liaiited to, inadequate access to direct sunlight for solar energy systens. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harnony with this Chapter; (6) the Board of Appeals and Adjustments or the Council nay not permit as a variance any use that is not permitted under this Chapter for property in the xone where the affected person's land is located; and (7) the Beard or the Council nay permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. (c) The Board or the Council may impose conditions in granting of variances to insure compliance and to protect adjacent properties. 2. Subdivisions. Appeals to the Board of Appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the subdivision regulations. The Board of Appeals and Adjustments has the following powers with respect to the subdivision regulations: (a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the Subdivision Chapter. (b) To hear requests for varying the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the subdivision regulations. Unusual hardship includes, but is not limited to. Inadequate access to direct sunlight for solar energy systems. 3. Official Hap. After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the Board of Appeals and Adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the Board finds, upon the evidence and the arguments presented to it: ORONO CC (4-1-84) § 10.oS(•) That the entlra pcoparty of th. ®PP®11^^^ which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such m permit is granted; and, , (t» That balancing the interest of the City in preserving the integrity of the official map and of the Comprehensive Municipal Plan and the interest of the owner of the property in the u:»e of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. C. In addition to the notice of hearing required by ” Section 462.354, Subd. 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the Board of Appe*!s and Adji*dtmei.ta authorizes the issuance of a permit the Cruncil shall have six months from the date of the decision of tne Board to institute proceedings to acquire such land or interest cherein, and if no such proceedings are started within th.it time, che officer responsible for issuing building permits sh.ai iss'!.> the permit if the application otherwise conforms to thiw Chapter. The Board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which t)ie permit is granted. D. Appeals Procedures. The applicant or other person or officers of the City affected, may appeal by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current City fee schedule payable to the City, which fee shall not be refundable. E. Review by Council. The Council may review and revise any decision of the Board of Appeals and Adjustments. In reviewing such decision, the Council shall be guarded by the sane authority and guidelines set forth in this Section. -K 11 Hearings by the Board of Appeals and Adjustments Shall be held within such time and upon such notice to interested es follows: The Board shall within a reasonable time make its order deciding the matter and shall serve a copy of such ordec ^He appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitation as may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide ORONO CC (4-1-84) 4. •*» ••••• # •- -•. i-.t »• • \ ,f ':' ^ .1 .■■*•7.- - - • »•. •*..-•t ■■r-i c;-j '• ;Vi •>o *•-*•* S 10.06iw itV ^’^%'tS-"Vn/V£;ca-haacd by It, Including the tlnel orde . Source I City Code Effective Dates 4-1-B4 SEC. 10.07. OCCOPMICT CBRTIEICMBS. Subd. 1. Hben :°2'"^,rot"Vy •hall b# raqulcad tot na%# occupancy and hacalnafttc aractad J*en tht uaa la of a dlf latent uaa of an aalating -^,„ancy and uaa of vacant land, new •onlng claaalfIcatloni i. of a diffatent zoning uaa of vacant land of a non-conforming use. S}.:r.'VpVrVpri’.«rtr,\ia^-^^^^^ certificate .ay be Issued es pert of building pecait. Subd. Vub‘d*lvrs\rn't^brveT. r^ul^n^do any of the things eentloned In Subdl^^l^^ ^ an occupancy f,ise statement of any fact “h‘ch Iscertificate Issued upon a raise sea whenever the fact material to the ‘‘’.V'ho established to the satisfaction ofof such false statement shall ho «stabii revoke the occupancythe lonlng Ad»l''l»t«tor. he shall forthwitn £or any obtained a new certificate. Subd. 3. Application tor^cup-.-, ;;;"bVud!ng or to aoDllcatlon for a building permit to erect a new ou _ Application for Ctocupancy Cartlflcate.____a new build in Every cecc a new wu * a.—• -- “ f.“-Vor,oV construction has been completed, t of the Zoning certified to be In conformance witn r p occupancy of an Chapter, “here vacant Ian or ch^ 9 ^ non-conforming use Is !^vo‘lVed! thi'cer"uflcste of occupancy »h-ll be -PProved - .v “.rc54 “.'-u ~ •«■ E“ ."‘t 14-1-04) ORONO CC I • : t ( U •» "1 s 10.07* ww.^.mancv foc • non-confoc«Ing use* shall approve a certificate ®*®f ““Certificate will be prime facie :;[^“•^•ce"h:rs^^c^‘’n%n‘:^c%^p. n| use -as either Illegal or did not lawfully exist on January 1. • Subd. 6. Building ‘^C'tiViv alter a structure until ato hereafter erect or str^ctu^^^^y^ indicating 'hat the existing f-nnsiats of l*nd not « part • , . attachad to a aurvay by a ;SrstdrSoi^d«5j^ the^^regu^^ “n"c ‘2“sfry Ct*ed*for ‘alt irtf rf'’t-t)r:ime%^he^ ^tima^ed cost. SEC. 10.08. VARIAMCES. ► Subd. l. Varlancest ”h*" the'prov'lVlonV’of the ES: l”o“i‘nTc*.."V. S .. ».U... »< «• source. Municipal C^e Effective Date. 9-1* variances, Reference to the Board of Appeals mmmmrnsms (4-1-84) OPONO CC . Subd. 2. and Adjustments -V . #• •• I <•{ S 10.08without Impairing iba intent end purpose of the Zoning Chapter. The Board of Appeals and Adjustaenta shall recoaaend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it nay deee advisable. The Council by unaniaous action Bay waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Hinnesota Statutes, Section 462.354, Subd. 2. A notice shall be published in the official newspaper once at least ten days before the day of the hearing. Any party nay appear at the hearing in person or by agent or attorney. For the purpose of giving nailed notice, the person responsible for nailing the notice nay use any appropriate records to determine the names and addresses of each owner of affected property and property situated wholly or partly within 150 feet of the property that requires the variance. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be nad« a part of the records of the proceedings. The failure to give nailed notice to individual pcoperty owners, or defects in the nature shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. C. Subject to such limitations as nay be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings ^nd the action taken on each natter heard by it, including the final order. Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anwiclpated traffic conditions, light and air, danger of fire, risk to the public and the effect on values of property in the surrounding area. Before grinting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit *nd intent of this Chapter. "Undue hardship* as used in connection with the granting of a variance means; 'The property in question cannot be put to a reasonable use If used under conditions allowed by the official controls. ORONO CC (4-1-04) . ./ A**S 10.082. The plight of the landowner is due to circumstances unique to his property not created by the lando%#ner.3. The variance, if granted, will not alter the essential character of the locality. 4. Bcononic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not lisiited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes# Section 116J.06# Subd. 2, when in harrony with this Chapter. 6. The Board of Appeals and Adjustnents or the Council nay not perxiit as a variance any use that is not permitted under this Chapter for property in the tone where the affected person's land is located. 7. The Board or Council nay permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 9. The conditions do not apply generally to other land or structures in the district in which said .land is located. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 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. Sources Ordinance 26, 2nd Series Adopted: 7-14-86 ORONJ CC (4-1-84) •7' .4* 6. *^ •*, ^*. • •1 ^ -.-W . » ,T• iC»f-T-t)3D OHOHO *»^»a •AT^oajja •poo xv^T^Tunw taajnos •ooT««T»oo 6utuh ¥X4 04 •oobjojm •aj »« uot ^dw ■noaxovun Iq Awm XT^unoo 9qi •»tn x»ttOT^TPnoD qons jo X»T«»P •qa 20 jx 'joojoq^ tuox^XP^oo oq^ pu« ••!! xvoox^XP^^^ qDnt 6ux ^uvj 6 o^ pjwBmj uj uox^vpuomooaj joj puv pooqjoqq6x»u »q^ 10 quMdox»A»p put Jt^vjvqo »q^ uo puv •ouvuxpjo »q^ uo ovn pavoiojd •qa xo qooxjv vqx Suxujvouoo Xpn^v joj uoxv»x«*OD fcuxuuvxd ®q^ oq pmjsmimj vq XT»M» iojvjvq^ ^svnbaj vq^ ^jv^dvqo buxuoa »q^ go maojqwjnbmj ^ox^txp vq^ ux pvqx^owJd sv s»Bn x *uo T^TP«od qons aoj v^X>Li*^ X»“0T^TP“03 5UV36 Aw XT^^n^D vjojvfl •uoxtsxuwioo 6UXUUVX4 vduvjvxva >■•■0 X»«OT^TPUoo -j -pqns M-T-> «»^»a •AX^3®X73 ®poo A^XD i®33nos *vqX*<^®d ®®®*n 6uj ^uvj 6 vqx uodn suox^XP®®® •Xqvuoiwj ovodvx oq puv fxxi>^®d ®in x®u®T^TPuo® ->oj vuox^wDXlddv Au®p oq puv ;uvj 6 oq pvjVMOduv vx xx^unoo vqq 'tavodjnd •vvqq VAVXqov oq jvpjo uj 'vax^jaioad buxpunojjnv uo vqoajjv JX®U^ oq qovdvvj qqx^ pu® uvxd X*^T®TU®H ®ax vuvqajduioo aq^ puv ja^dvqo &UXUOS oqq go vvAxqo®tqo vqq oq qoadsaa qqx« AxJvdojd paqvoox aq Avu Avqq ov uoxqvjvpxvuoo ajxnbaj savn x®®®T^TP®®® *80xq6X<2aqovjvqo Xvnvnun JX®Mq Jo avnvoaa ‘wqxJ J® uosaad jvxnoxqjvd v jog qou puv avn JVxnox^<>*^ ® ^oj panvtx ®q XT®M« qx*o^®d aqi *pajx®^®^ ®C| Av« qxuijad aqq go naxAVa oxP®T*>®^ • pu® qj^jad aqq go aouvnvvx paxx^d* ®q Aw vuoxqxpuoo *paquva6 aq Av» qxwjad avn x»uoT^TPuo® V ^qvxxa aaouvqf«noax® M®nv uaqM -aTqvqxnv aq saouvqsmnojxD •BOV 2®pun A vb qoxM'^ ^nq 'qoX-*^®TP buxuox jvxnox^^®^ ® ux •Xq»qT®® ^®u Axx®^®u»6 vavn avoqq apnxouj savn x®uoxqxpuoo •qjuu&d • an V go buj^uwjb aqq oq qoa^qnv 'paqqxmad ajv vasn x^uoT^TPueo ^•qoX<2q®TP UX»^^®® UJ 'Jvqdvqo 6uxuo2 aqq jo vaAX^avpqo aqq •A»xqov oq Ajvvvaoau AqxXTqT*®TJ ®Mq uoxqvxnbaj avn qoxjqvxp ®qq •AXb oq japjo uj ’asodjnd tvavQ x®u®T5TPUOD *x *pq®S •saso TYNOIXIOWOD *60*OX ‘oas •^qiXTq®®®JOAU® JO AqxPXi»A vqx qoaxjv qou XT®q® aouvjjvA » ®ITJ oq vjnxx*i •pvAjOAUx Aqjadojd aqq go uoxqdxJovap x®^>®X aqq apnxoux XT®M« Aqxo aqq Aq pansvx Japjo aqi -Aqjadojd x®»^ uo vaouvjqanoua aqnqxqvuoo qou op *x 'PqnS '9C*29> uoxqoas 'vaqnqvqs vqovauuxH oq quvnvjnd xapjooaa Aqunoo aqq qqx« P®ITJ vaouvxJVA •japjooaa Aqunoo uxdauuae aqq qqx« P®ITJ ®q XX®M» 6SfZ9> puv 8SC*S9^ vuoxqoas 'vvqnqvqs vqosauuxw Jo euoxsxAOjd aqq japun paquvqb aouvxJVA Aj9A9 go Adoo paxjjqjaD y *pqns S4-T-T *®^»a ®Ax:>oo;ja ZIT *OH aouvujpjo taojnos *aouvx-iVA May v aixnX>®<2 XX®M® Aqjadojd aqq go asn ux aSuvqo ^ A uy *pavn qou jx X®AOjddv xjounoo Jo aqvp aqq Jaqjv JvaA auo ajx^xa XI®q® vaouvxJVA 'uoxqvjxdxa tsaouvx^VA *8 *pqns 80*01 S (9B-X-^)T-992 DD ONOUO M 49->X-6 »»qva ®AXqoajj3 ®poo X®dxoxunw laojnog XxTMT:»*«o,n, p« bujuo2 ,o u’o*Ta “,VoT^ ®ouvxjva V buxquvjb ux qqdoj qav uoxqxpuoo Auv ao uotq -.IOTA Y -.UOT^TPUOO 30 UOTJ.TOTA «t.au,Ta.A *4 -pqns ^8-T-X saqvQ ®AXqDVjj3 ®poo Aqxo taojnog aua^'DaBolVoVo-i ^***’^"' 5nomx« uon;,t mnr^ “V«*x^jau'tfoopJBoa aqa 03 aouBTJaA 303 uoxstoxTilia aqq jo lajjaiai jaiia ou'j*i****aov^oa DjJoo PJ»09 aq^ Aq pa^qxvsutjq aj uoxqapuaiaaoaaj ou JI 33V 03 piaoB eq3 30 ajnxx*J «aaau»X4aA •* ‘pqng A9-IX-6 »®qvQ ®AXqo®;X3 ®poo ivdxoxunw laaqnog bujuuvxd oqq Aq ptxva aq oq punoj vuoxqxpuoo go abuvud ao^iooIdTao aouapxAa nau jo vpunojb uo qdaoxv 'xvxuap go jgpjo pxvv go aqvp aqq ^OTJ vqquoui (9, xx« ;o pox^ad v jog paiqxiqnvaj aq XT®Mt q^i®d ix jo AxxoqM paxuap uaaq svq qo^qw aouvxJVA a jog uoxqvoxT^Sv on -qtxxa qou op x®AOjddv jog pajxnbaj euoxqxpuoo aqq qvqq uoxqvuxmiaqap duv Buxpuxj V aqnqxqvuoo XX®M* uoxqow qonv puv XT®“®OD ®Mq 30 uoxqoB Aq paxuap aq Avia seouvxJVA 'Tvxuaa xvaouvxJVA *5 *pqns fii-X-T *®qva aAxqoajxa ZIJ *ON aouvuxpao xaojnog -japunajaq saouvjjvA joj uoxqvoxx^^S® buxJvpxvuoo uj AqxxwdxoTuna 6uxuxo(pa aq» 30 auoxqaxnAaa aqq pua AjjaJoad aq^ jo uoxqaa^ aq3 qunoooa oauT aqaj Am xTounoo aqq 'axqauogaajun Aqjadoad qana 03 ae suox3>xn6aj Aqxo aqq XT» Jo quanasjojua qax-iqa aqaa 03 aa os 03 AuxAxdda aaoqq boij quaaajjxP Xxx«T3ua3tqna suoxqaxnbaj 03 qoafqnt «x qaTM* XqxxadTaxur* aaqqoua ut Aqaadojd auxofpa Aqxo aqq ux Aqqadojd aqaqM ■■uox3BX»&a3 pu* aaan eujqsxxa 03 pua jaqqo qosa 03 axqT3vduoa aq XTT*» aauo* anotatA aqq JO U0X3B30X aqq qaqq oa ouoio 3noq6nojqq asn puax aqaxnbaq 03 avaaa Jaqdvqo buxuo2 aqx *svajv Japjofl ux saouvx^VA *9 *pqng X8-X-® xaqvQ aAxqoajjg apoo Aqxo xaojnog _ _ *paqvoox vx pu®T W®nv ajaun^ojqqvXP ®qq ux Jaqdvqo ®X^q ux paqqxwjvd avn aqq puoAaq pabuvuo JO paquvjb aq XX®U« aouvxJVA on -vaxqjadojd quaovfpv qooqojd oq puv jaqdvqo 9jqq qqx#% aouvxx^BOo ajneux oq saouvxJVA go buiouvjb ux suoxqxpuoo avodinx Avb XTOunoo JO pjvog aqx *q Bv-OI 5 I «% • •<* • \ THE PRECEDING DOCUMENT(S) VE BEEN REFILMED FOR LEGIBILITY •• •«» «•V#!#«•■.V*i V'*_*, •* •^‘V ■* ^ • S 10.08aruitrlfia nO ““V** Council aay Inpos* conditions in Shs« Vurtl^Sd iS'locVtfdV"^^*'* "*’'• ‘=*’« «>i»trlct Source I city Code Effective Datei 4-1-84 soaks Co In Border Areas. The Zoning Chapter?••*• **0“l*t« land uss throughout Orono so that the location of *?"!? '*• '“f-tibl* to each other and to existing In snSthV!r‘inVf"!' !*?•'“ PtoP«rty in the City adjoins property to^likJ fiff*f^toB those applying to the City property, “r ■trlct enforcenent of all the City regulations as to *ocatlo'’n*of^t^'***°"“*’^*' "»y take into account the ■unlcln>^4c5 4^ property and the regulations of the adjoining ■unlclpallty In eonsldsrlng application for variances hereunder. ’ Sourcet Ordinance No. 172 Effective Dates 1-1-75 .»c4«n «. *• ^“rlancosi Denial. Variances may be denied bymotion of the Council and such motion shall constitute a flndino «J.t t"»“ited for^appr^vll'do no? Sr In’eaS? ShSi^ variance which has been denied wholly ?Ss 5a?S of ssld ‘ '«» "“"ths fromor nrSof V# Vh.» ^ ‘ •’‘"pt on grounds of new evidence Coawlisfon.* conditions found to be valid by the Planning Source I Municipal Code Effective Date: 9-14-67 Sources City Code Effective Date: 4-1-84 variance. Chapter and automatically terminates the Sources Municipal Code Effective Dates 9-14-67 If ORONO CC 266-1 (4-1-84) I • -• . see S 10.08Subd. 8. Variancess Expiration. Variances shall excire___ y€ar after the date of Council approval if not used. Any change in use of the property shall require a nev variance. ^ Sources Ordinance No. 172 Effective Dates 1-1-75 Subd. 9. A certified copy of every variance granted under the provisions of Minnesota Statutes* Sections 462.358 and 462.359 shall be filed with the Hennepin County Recorder. Variances filed with the County Recorder pursuant to Minnesota Statutes* Section 462.36* Subd. 1* do not constitute encumbrances on real property. The order issued by the City shall include the legal description of the property involved. Failure to file a variance ahall not affect its validity or enforceability, SBC. 10.09. CONDITIONAL OSBS. Subd. 1. Conditional Osess Purpose. In order to give the district use regulation the flexibility necessary to achieve the objectives of the Zoning Chapter* in certain diatricta* conditional uses are permitted* subject to the granting of a use permit. Conditional uses Include those uses generally not suitable in a particular zoning district* but which may under some circumstances be suitable. When such circumstances ex.ist* a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the perrai*- may be required. The permit shall be issued for a particular use ana f not for a particular person or firm. Because of their unusual ^^®^®^^**^^*tlcs* conditional uses require consideration so they may be located properly with respect to the objectives of the Zoning Chapter and the Comprehensive Municipal Plan and with respect to their effects on surrounding properties. In ordtr to achieve these tbe Council Is empowered to grant and to deny applications for conditional use permits and to impose reesoneble conditions upon the granting of these permits. Source! City Code Effective Date! 4-1-84 Subd. 2. Conditional Uses: Reference to Planning Commission. Before the Council may grant conditional use permits for such conditional uses as prescribed in the district regulations of the Zoning Chapter* the request therefor shall be referred to the Planning Commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and the conditions thereof* if any# or for the denial of such conditional use. The Council aay by unanimous action waive reference to the Planning ComadLasion. I. I Sourest Municipal Code Effective Data! 9-14-67 ORONO CC (4-1-841 •• I S-, * S 10.08vithout impairing the Intent and purpose of the Zoning Chapter. The Board of Appeals and Adjustments shall recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. The Council by unanimous action ■ay waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Minnesota Statutes, Section 462.3S4, Subd. 2. A notice shall be published In the official newspaper once at least ten days before the day of the hearing. Any party may appear at the hearing in person or by agent or attorney. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of each owner of affected property and property situated wholly or partly within 150 feet of the property that requires the variance. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give nailed notice to individual property owners, or defects In the nature shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. C. Subject to such limitations as may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions fcr the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings and the action taken on each matter heard by It, including the final order. Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in Instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: reasonable use controls. ORONO CC 1. The property In question cannot be put to a if used under conditions allowed by the official (4-1-84) «>. ...” ■—«.S 10.082. The plight of the landowner 1s due to circumstances unique to his property not created by the lando«#ner.3. The variance. If granted, will not alter the essential character of the locality. 4. Economic considerations alone ahail not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to dirsct sunlight for solar energy systems. Variances shall be granted for earth aheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or thm Council may not permit as a variance any use that is not peralttsd under this Chapter for property in the zone where the affected person*a land is located. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8. The special conditions applying to ths structure or land in question are peculiar to such property or immediately adjoining property. 9. The conditions do not apnly generally other land or structures in the district in which aaid land located. 10. The granting of the application it necessary for the preservation and enjoyment of a substantial property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or In any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but la necessary to alleviate demonstrable hardship or difficulty. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 to is ORONO CC 266 (4-1-84) - UjZZ ■ • • -iy.-f“ r 'f **• ^ b S 10.20D. Public Service Structures. Public service structures# including but not liaited to electric transmission lines# buildings such as telephone exchange stations# booster or pressure regulating stations# wells# and pluabing stations* alsvsted tanks# lift stations and electrical power substations# IP^o^^dad no building shall be located within 50* froa any lot line of an abutting lot in an "R* District. Prior to granting such it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures as defined above that have been approved by the City at tequired public hearings for public iaproveaent projects shall not ^’•juite a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this sectioni amendments to approved plans involving design and/or placement of these structures will require written notice by the City to all affected property owners 14 days prior to the adoption ^he amended plans by the Council. Source! Ordinance 29, 2nd Series Adopted! 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the *j^^^** material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area# and are subject further to the general xoning code requirements pertaining to accessory structures. Source! Ordinance 72, 2nd Series Adopted! 8-14-89 _ t-j .4^’ Areas. Private qun clubs, archeryranges, ski slides, provided the area Is fenced and no cart of the principal use Is less than 150 feet fro* any lot line. , ■ Source: Ordinance 26# 2nd Series Adopted! 7-14-86 G. Guest Bouses 4 Non-rental Guest Apartments. 1) Guest Houses. A separate dwellinq constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic by the"gVe^,Vh"^^^ regular lot raquiren,ents Source! Ordinance 29# 2nd Series Adopted: 2-23-87 c ORONO CC 280 (4-1-84) S 10.202) Non-rental Guest Apartments. An apartJBent within the principal residence structure on a lot for the sole use of the occupants of the principal residence# including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure# and such door shall be the primary access to the apartment. Application for such a guest apartment shall addrese the concerns of parking# sewage treatment# entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Sourest Ordinance 29# 2nd Series Adopted! 2-23-87 R. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available# and the lot is adjacent to a commercial or industrial district# and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto# subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. L. Farms (Crop and stock). Provided that the area is ten or more acres. M. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the • occupants of the premises. A minimum of one acre in aggregate# exclusive of one acre for the principal building# must be available for each animal unit# except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse* and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes# the SLinimum casture requirement may be adjusted * at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grasing. Any person keeping such animals must comply with the provisions of the City Code. OPONO CC 280-1 (4-1-84) e •• •• •» ../•* rwrirr; %S 10.21Sttbd. 5. Ar«>. H.ight, Lot width and Yard B.quira«anta. m No BtirUC^UrO OT buildin^ shftll •XCtt^d2-,/2 ...rl.. *•. “i’rtV ,.“.V'irh.i,h. .. pr..ld.d U section I0.7S* B. XaOt*. The following minimum requirement! shall Lot Area 1/2 sore Lot Hldth 100 7eet Front Yard IF7eet Side Yard 10 Teet Side Yard Adjacent to Street 15 feet Rear Yard TJTTaat •)-' *LR-IA-1-. *LR-1C*, or *LR-1C-1- Ona riiliy tSkaabor. B^aidantlal Oi.trict th. following r.gulation. aball epplyt Sobd. 1. Lakeahore Set Back Regulations. The setback from thm shoreline for lakeshore lotst A. Shall be 75 feet for all structures except that on lakeshore lots divided by a major thoroughfare, not in excess of 20 square feet in area and 48 inches In is allowed on the lakeshore portion of the lot and requires a bui g permit froai the City. B. No principal or accessory structure shall \r%emf-md within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of residence buildings on adjacent lots (refer/ to Oron^o Manual of Design Standards and Specifications) except that this does not apply to structure allowed in subsection A above. Subd. 2. Lakeshore Hardcover and Land Alteration Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent except as permitted under Subdivision 1 of this section. Within 75 to 250 feet of the shoreline there shall be no ^raater than 251 hardcover. Within 250 feet to 500 feet of the shoreline there shall be no greater than 30% hardcover. Within 500 feet to 1,000 feet of the shoreline there shall be no greater than 351 hardcover. (4-1-84) c>*teea*~ir c^i£ ^<'A_____ • • • •• • .« • ...:r ..S 10.22 75 fe.t o/t“' ilce^abirtHhl .taf£ .r. planted, any qu..tlon Involving th. number of trees to be replaced will require appro al. Sources Ordinance 26, 2nd Series Adopted! 7-14-86 SEC. 10.23. LR-IA 0MB FAMILY LAIBSHORB EKIDBWTIAL DISTBICT. Subd 1 Purpose. The -LR-lA- One Fasilly I»«kashora B .4 1 n< la Intended to provide a district which will may be allowed by conditional use permits. The Sty Tot .ndang« th. quality o« .tor. th. dlttrlc? Mitn.tonk. or Long Lak.. B.caua. o£ n.ar Lak. Mlnn.tonka or Long Lak*. necessary to protect those natural resource fro. t ,. afCacta or dense development. OftOHO CC 283-1 (4-1-«4) / . • B • e • •• .«• . . • ■ ’!' >■ i ■ *'*• '•***•*• *i, .» *• V' *.. . . * TT^ "S'• *»» .. r. * L. "• ••• A. ..w.S 10.23Subd. 2. Lakssboce Set Beck, Hard Cover, and Tr««»Moval Msulatlona. (See Section 10.22). “ ^r.h..!.. f«r*ltted OSes. Within the *LR-lA* One PamllvOlatrlct. P*f»ltted use as regulated In the -R-lA- Subd. 4. Conditional Qaea. Within anv "Lr-ia- ^"used^'for *th/*rDistrict, no structure *or land shall be used for the tollowlng uses except by conditional use perelt: Oiatrlet.A. Any conditional uae aa regulated in the "R-ljv* f I. w Acceaaory Uaea. Within any "LR-lA" One Farallv Olatrlct, the following uses shall b« I pernitted acceaaory uaei u. a •M a. s ^ accessory use as regulated in the "R-lA* Private docks* subject to the City Code and other applicable regulations. Including boat storage density regulations! Subd. 6. Area, Height, Lot Width and Yard Requirements. 2-1/2 structure or building shall exceed lection 1 o!75 ' height except al provided be observed:B. Lots. The following minimum requirements shall Lot Area Lot Width 2 acres 200 feet Front Yard 50~feet Side Yard 3T7eet Side Yard Adjacent to Street “50 feet Rear Yard 50 feet SEC. 10.24. LR-lJl ONE FAMILY LAKESIIOHB RESIDENTIAL DISTRICT. ReeMential^Slit/ict: T”* One Panlly Lakeshoreentiai District is .ntended to provide a district which will r.Cs^%H I' “dente development. Thirdimtrl" s^a?rh‘'" highways end public sanitary s^wer. ‘»»®<liate access to ORONO CC (4-1-84) ... - en.. T' i - -1 _____• %T /.V.• .* aw WWk. ^ 2^ S 10.55Subd. 6. Zoning Use Districts. The Zoning Dae Olstrleta as designated on the Official Zoning Map shall reiialn unchanged with the adoption of this Section. The provisions of this Section including the designation of Flood Plain and Wetlands Conservation Areas, shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the riood plain. *• The regulatory flood protection elevation within the Ploodway and Flood Fringe Olitrlcts shall be established by adding 1.0 foot to the Base Flood Hater Surface Elevations within Floodway listed In the Floodway Data Table contained In the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. r >k. Ml., ► u ®'u flood protection elevation forLake Minnetonka shall be 932.5 MSL, fha. 1 VI regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer in accordance with procedures set corth herein. Subd. 8. Development Restricted? Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, hardcover, temporary or permanent structurta, conatruction shall be V'i® Plain and Wetlands Conservation Area? nor n? th- thereof? nor on any land within 75 feet highwater elevation of any lake shoreline, nor on «^uttlng, adjoining or affecting said area if such activity • incompatible with the policies ^^his Section and the preservation of those conservation areas in their natural state. h- • - iw. Ploodway District (FW). The following uses ha.e a low flood damage potential and do not obstruct flood flows. shall be permitted within the Floodway District to the ^.4 they are not prohibited by any other City Code provided all permits or authorizations ere received othvr Other City Code provisions or regulation of having jurisdiction, including without M<nn«h-K* % ”J""®Aota Department of Natural Resources, the Watershed District, and tne Lake Minnetonka tion District. In addition, no use shall adversely affect ORONO CC <ice $ 10.ssSubd. 26. Hon-confotmlng Uses. A stcuctur. or the use or a structure or ptealses which was lawtul before the passage or aaendaent of this Section but which Is not In ‘Jl*provisions of this Section aay be continued subject to the following conditions: Ae No such uss shsll be sxpsnded, changed* enlarged or altered in a way which increases Its non-conformity. Be No structural alteration or addition to any non conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use# unless the structure is permanently changed to a conforming use or unless the slterstlon or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to an/ non-ccnfotmlng uaa which would result In aubstantlally increasing Us flood damv^e potential shall be protected In accordance with Subdlvlsici? Subparagraph B of this Section. - 0. If such use is discontinued for twelve consecutive months, any future use of the conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of ron-conforraing uses which have been discontinued for a period of twelve months. E. If any non-conforming use Is destroyed by any means. Including floods, to an extent of 50'percent or more of Us assessed value, it shall not be reconstructed except In confotrait with the provisions of this Section. However, the City may Issue a conditional use permit for reconstruction if the use Is located outside the floodsly and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected In conformity witn this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as no* .Vrmlng uses. G. Except as provided in Subpam* iph E above, any use which has bc»n permitted as a condition^ ise shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained In this Section within a reasonable period of time as determined by the City, after a hearing for each such non conforming use. The Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such non-conforming use, by reason of the limitation on establishment of competing businesses •r .v. 1..-.r\ «... 4-j S 10.SSr^/seV^Vs^ilJing^froVVhr r ot the useurdar this Section.Sub<J. 27. AB.nd«.nt«. Th. flood pl.In d.,lgi.«tl»> »n th. official Baps shall not b. tsBov.d froB flood plain ar.iW unl.ss It can ba shown that ths dssignatlon is In th. sr*. Is at or .«bowa the. .Isvatlon of ths rsglonal flood and is contiguous to lanJs outsld. th. flood plain. Spocial asc.ptlons to this Ll. Bay b. parmltted by th. CoBBisslon.r of Natural «.*ou,rc.s if h. d.tormlnes that, through oth.r iMaaur.a, ^•"'** *^* protected for the Intended use. All aB.nda.nts including amendBents to the of',.dal Baps Bust be subaitted to end approved by the CobbIs.Iom? of Matutel Resources prior to adoption. Changes in the offlf ,ii sape alao requlr. prior approval by the Federal Insurance Adjalnletratlcn. Sub^. 28. Interpretation. In thalr Intarpretation and appllcatic^, the provisions of this S.ctlon shell b*/•J'* “♦ BldauB requireaents end shall be liberally construed the City end shall nf ? be deeaed a ^^-i^tion or repeal of any other powers granted oy State Statutes. Th. boundsri.s of t^ Flood Plain Olsttrcts shall b« dstsnjlned by "“lin? the official maps. Whers Interpretation is na^trtl as Vff? location of the boundaries of the district ss shawn 9" Baps, as for axaaple whore there eppeers to bo vconf llct b.• B.pp.d boundary and actual fi.ld conditions, th. City - shall Bake the necessary Intorpretetion baecd on 5!’? regional (lOO-yser) flood prcftlo. The person contesting th location of the district boundary shall be given a r.ss«>nabl. opportunity to present hie case to the City end to subBlt .c evidence if he so dosires. Subd. 29. Abrogation and Graatar Rastrictlona. not intended by this Section to repeal, Abrogate existing ordinance, regulation, aaaement. coyananta restrictions. However, where this Section impoaaa grfA-tr restrictions, the provlalona of this Section shall prevail. Subd, 30. Warning and Disclaimer of Section does not imply that areas outside the or land uses permitted within such districts will bo f , flooding or flood damages. This Section shall not craata llaci. icy on tha part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section ot any administrative decision lawfully made thereunder. Sources Ordinance No. 213 Effectiva Date: 1-11-79 I ORONO CC (4-1-84) ORONO CC (4-1-B4) s • -i.». .* . . . .'*«••• %A» .w*. •• .' --S 10.56Th 5- .co5i.v%vvfollowai 1. structure and On-slta Sawaqa Syiten Satbacka (in faat) from Ordinary High Hatar Levali Setbacks Public Water Classification llff RD CD Tributary Structures Onaewered Sewered —150 Sewage Treatment System 2. Additional structure setbacks. The following additional atructura aatbacka ai>ply. regard las. of the classification of the water body; Setbark (In feet) SO Setback from; - Top of bluff - Unplatted cemetery - Right-of-way line of federal# state or county highway and locax public and private roads JO • Exceot for detached garages on lakeshoro lots as ri^ufatad in section iS.Ol.’subd. 9 (D. and 'or structures subject to less restrictive side y adjacent to street* setbacks as regulated in the various zoning districts. 3. Bluff impact zones. Structures and accessory facilities, except stairways, landings, and lock boxes# must not be placed within bluff impact zones. 4. Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or P**v^®.* with^t public water, frontage, or. if located on lots or P^cels with pub^llc waters frontage, must either be . i i y normal Ordinary High Water level setback or be substantially screened from view from the water by vegetation or topography, assuming summ.r, leaf-on conditions. 5. Fences, docks, retaining walls. shall be placed within the shore setback zone. Portions of cocjc iL-ated landward of the OHHL shall bo considered as a landinj. aubioct to the regulations for landings per Subdivision 16 (F) o this section. Retaining walls shall not be placed within the shore settick zone. ORQHO CC 376-11 (2-26-921 S 10.566. Average lakeshoro setback. Mo principal or accoaaory structure shall bo locatod closot to tho lakoshoro than tho averago dlstanco fro. tho ihorellno of oxlotlng roaidoDM buildings on adjacent lota, oxcopt that this does not apply to atalrways. lifts, landings, and lockboxoo. Further# tho ovoraqo lakeshoro setback shall apply only not apply to tributaries. The average lakashoro setback lino shall bo a straight lino connecting tho moat lakoward protrutlono of tho residence buildings -i the Immediately adjacent lakeshoro lots. D. Minimum Loweit Floor Blevetione. All structures located within the Shoreland Ovo'ley Dla«ict which are subject to the flood plain regulation* of Section 10.55 ordinance shall be placed at an elevation consistent t*»e requirements of that section. The regulatory flood protection elevation shall be established a* *et forth in Section 10^-55# S«bd. 7 of this code. All structures constructed within the Shoreland Overlay District shall have their lowest floor# Including basement# placed at an elevation no lower than the regulatory flood protection elevation. Wh%#re the rejulatory flood plain cannot reasonably be determined, the minimum lowest floor, including basement, may be placed *hall be determined as follows: 1. For lakes, by placing the lowest floor at a level at least 3 feet above the highest known water ^ feet above the Ordinary High Water Level# whichever is higher* 2. For rivers and stream*# by placing the lowest floor at least 3 feet above the flood of record, E. Water-oriented Accessory Structures. The only water-orionttfd accessory structure allowed to be located nearer the Ordinary High Water Level than the normal structure setback as specified in this section shall be a lock bo* no greater than 20 square feet in area and no higher thaii 48 inches In hs'ght. Suen a structure requires a building permit fron the City. F. Stairways# Lifts and Landings. Stairways lifts are tho preferred alternative to alterations for achieving access up and down bluffs and slopes to shore areas. Stairways# lifts and l**'^^*'^* allowed in the shore setback zone and must meet the following design requirements: 1. Stairways and lifts must not exceed 4 feet in width. 2. Landings for stairway* and lifts shall not exceed 32 square feet in area. 3. Canopies or roofs are not allowed on stairways# lifts# or landings. ORODO CC 376-12 (2-24-92) r r s i . J* > «p •••»•« I -••I '•«*<A .% •IN». # , . «««•«•. •' .• . . • ^<u<^> eoOfcS 10.S6B S«waq* Treatment. Any premises used for human ^occupancy must*be provided with an adequate method of sewage Utreatment per Municipal Code Section 12.30. On-site sewagetreatmert systems must be setback from the 10 WLevel in accordance with the setbacks contained in Section 10.56, Subdivision 16 (C). Hon-conforming sewage treatment systems shall be regulated and upgraded in accordance with Subd. i7 of this ordinance. S. Significant historic sites. Mo structure may be placed on a significant historic site in a manner that aff-cts th« Vftlues of the ■tte unless adequate Information about the *tte has been removed and documented In a public repositorye Subd. 17. Nonconformities. All legally establ <-.aed nonconformities as of the date of this ordln»nce may continue sublect to applicable State Statutes and as regulated elsewhere in the Orono Municipal Code. In ahoreland areas* the following standards shall also applyt A. Construction on Nonconforming Lots of Record. Development or use of existing lots of record shall be regulated as set forth in Section 10.03, Subdivision 6 of the Orono Zoning Code. B. Additions/Expansions to Nonconforming Structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, ( height* and other requirements set forth in the Orono Zoning Code. Ai.y deviation from these requirements mus^ be authorized by a variance pursuant to provisions of thw* zoning chapter. C. Mon onforming Sewage Treatment Systems. A nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and BMde conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. Further, the nonconforming sewage treatment system provisions of Section 12.30 shall apply to all shoreland areas. Subd. 18. Subdivision/Platting Provisions. A. Land Suitability. Each lot created through subdivision, including Planned Unit Developments or Planned Residential Developments authorized elsewhere in the Zoning and Platting Codes, must be suitable In its natural state for the proposed use with minimal alteration. In analyzing the suitability of land for a specific use, the City shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography. Inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water- based recreation, Importa.^'.t fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural ^ land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. I 11.02. .1 hi.h.c standards than th. reqolt.«.nts of thUrestrictive, j*‘2.nrmlnatlons of the City In approving • Chapter, or the .j,ls Chapter, and such privatesubdivision or ^Ith this Chapter or deterelnatlons provisions " Av.te provisions shall be operative and “o' .h’n cSSp... .Sa The City will not enforce private provisions, c KJ « S.vlno Provision. This Chapter ehall not be ► n flj fhJina anv action now pending under, of by virtue of,construed as abating any action P discontinuing, prior existing oenalty accruing or about to abating, modifying, or a ^jj^lllty of any person, or as waiving accrue, or as affecting the llabii^uy^o^ ftovlslon existing at any right of chapter, or as vacating or annullingthe time of adoption of tils Chapter, ot J ^ ^he any rights obtained by any P*' ' existing at the time of CUy und.t ■")' o(^, v.Ctinq Ot ..'ullinq tlpht, V, ‘‘Y-u'XtV. "*“Shall be expressly provided Cor in this Chap ’■ //I'Ll? "luT’lrtlmL'*’!n‘'the" even% oT^n'aVindm.^’ d” l^V"h'-^PpUcatIon for a subdivision, then that subdivision must meet the requ remen of the amendment. Subd. 8. Amendments. Pot the P“tt«»r .fpi the public health, safety and general “*“*'V,,^chaot« ^time to time amend the provision. Imposed by this Chapter. Subd. 9. Conditions. Regulation of the land and the attachment of reasonable j.j ty the State of land Is an exercise of valid Pol‘« 1 lance wU to this City. Tha subdlv lder ..I** VJ,t Lslgn^ dedication, reasonable conditions laid down ^y the City f tp^conform to the Improvement and restrictive use of the 1?"^ ^ 'fty and the Clty'm physical and economical development of ^1*J',Jf welfare Comprehensive Municipal of^th. community at of the future lot owners in the subdivision ana large. Subd. 10. Variances. ORONO CC 376-20 (2-24-92) ordinary hardships oV*prlct?cal compliance with the provisions of th^* ^1?P“5' ch.pter may bm procedural provisions, and the purposes of this c p (4-1-84) ORONO CC 413 i • - ..........•■ A $ 11.02lor^td to A ^ceatcr extent by an alternative proposal, the City may appcovm variances to this Chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this Chaptsrj and furthsr provided the City shall not approve variances unless it shall make findings bastd upon the evidence presented to it in each specific case that:1. An unusual hardship on the land exists, including but not limited to, inadequate access to direct sunlight for solar energy systems; and, 2. The granting of the variance vill not be detrimental to the public safety, health, or welfare or injurious to other property; and, 3. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought a.id are not applicable generally to other property; and, 4. Because of the particular physical surroundings, shape or topographical conditions of the specific land involved, an unusual hardship to the land would result, as distinguished from an inconvenience or hardship to the subdivider, and It is found that the strict enforcement of this Chapter would result in an environmentally unsound development of the land; and, 5. The variance will not In any manner vary the provisions of the Comprehensive Municip<»l Plan; and, 6. The variances will/not in any manner vary the minimum reaultements for a lot as set forth in c.*e Zoning Chapter of the City Code as applied to the entire subdivision; and, 7. The variances will not in any manner vary the procedural requirements of this Chapter. B. Conditions. In approving the variance, the City shall require such conditions as will. In its Judgment, secure substantially the objectives of this Chapter and the subdlvider shall agree to be bound by the conditions. C. Procedure. An application for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed. The application shall state fully the grounds and all of the facta to justify the granting of a variance and will be approved or disapproved at the time the Council reviews the preliminary plat. Subd. 11. Enforcement, Violations and Penalties. Enforcement. It shall be the duty of the Zoning Administrator to enforce this Chapter and to bring to the attention of the City Attorney any violations or lack of compliance therewith. - —f k 4• ■ *•% • fi I*. ORONO CC (4-1-84) » , * . . A »« • jt ;. *« 4 t S 11.0363. "Subdlvider* - Any person who (1) has am Interest in land, who causes it, directly or Indirectly to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or advertises for sale, lease, or development, any Interest, lot, parcel, site, unit or plot in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, less# or development a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision, or who (4! is directly or indirectly controlled by or under direct, or indirect coosson control with any of the foregoing.64. •Subdivider's Agent* - Any person, firm, corporation, or realtor who represents, or acts for or on bahalf of. a subdividar in selling, leasing or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site or plot in a subdivision. 65. •Subdivision* - Tha separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residsntial, cosmercial, industrial, or other use or any combination thereof, except those ssparationsi • a. Where all tha resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; b. Creating cemetery lots; c. Resulting from court orders, or the adjust ment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meets the requirements of ths Zoning Chapter of the City Code. 66. ■Subdivision, Classification*. •• Class I Subdivision* - A Class I Subdivision shall be exempt from platting by the City and shall be permitted subdivision by metes and bounds ifescription dsscribed by a Registered Land Surveyor if it meets one or more of the following criteria: . subdivision results in no more than two buildable lots where each resulting lot meets or exceeds Jin *#*‘^'^***a^^ square feet) of land, and each lot has at least of frontage on a public roadway which has been accepted and opened by the City or on a private roadway open to travel or to sn easement between persons or between persons snd the City, and where no flexible toning application or •xtonalon of Bunlclpal utililties is Involved; ORQHO CC (4-1-84) t. .• "* .I 't:f t.Jj r;— . V •. -S 11.032. Th« «obdlvi»lon is • division of property prsvlously coisblnsd for tmx purposes, or,3 The subdivision consists only of thecr..ti.. ,r .U.r..lo. li • »' ..................................... *"purpose •b •Cl*as II Subdivision" - A Class IIfollowing crlterlsj 1. The subdivision results in no more ... b.u4.bi. lo......‘.".‘rf'-SJ;: £i" acraa (217p800 square feet) f le . ,s roAdwav which has been less thsn 300 feet "or^n . priv^t,•''ro^^^^^^ open to between persona and the Cityj and, 2. The subdivision does involve the vacation or dedication of public roadways or extension of municipal utilities! andp 3. The subdivision does not involve any flexible zoning application! and, 4. The subdivision may include the creation of outlets and easements for conservation, etc. in addition to the two buildable lots. c. "Class III Subdivision" - A Class III Subdivision shall be a plat which includes. a subdivision which meets one or more of the following criteria. 1. The subdivision results in three or more buildable lota, or. subdivision involves a flexible toning application! or, 3. The subdivision Involves the vacation rtr dedication of a public roadway! or,4, The subiHvision involves the extension of municipal utilities. 67. "Temporary Improvement" - Improvements built and Biaintalned by a subdivider during construction of the subdivision. 68. "Tract (or Subject Tract)" - The parcel or narcals of land comprising all the contiguous land controlled by the subdivider and included in whole or part in aubdlvision. ORONO CC (4-1-84) ‘-...Vaam*S llelOSubd. 14. Special Requirements For Plats.:o \A. Zoning Regulations. Every plat shall conform to existing zoning regulations a.-d subdivision regulations applicable 1# at the time of Final Plat approval. Variances shall not be I I approved to Increase the overall subdlvlalon density above the II minimum lot area requirements of the applicable zoning district and J \ this Chapter. ^ B. Public Improvements. The Planning Commission may recommend that all public Improvements be Installed and dedicated prior to the signing of the Final Plat by the City. If the Planning Commission does not recommend that all public Improvements be Installed and dedicated prior to signing of the Final Plat by the City, the amount of the bond shall be established by the Zoning Administrator baaed upon the recommendation ot the City F--neer, which bond shall be submitted by the subdivider at the t. « of application Cor Pinal Plat approval. The Planning Commission shall require the subdivider to indicate on the plat all private and publl"; Improvements, which shall be required to be established or extended and any other special requirements deemed necessary by the Planning Commission in order to conform the plat to the Comprehensive Municipal Plan and this Chapter. C. Grading of Site Prior to Final Approval, Subsequent to Preliminary Plat approval by the Council, the subdivider may apply for a land alteration permit from the City and upon receipt of such permit may commence construction to the grades and elevations required by plans approved by the City. D. Referral to Other Government Agencies or Jurisdictions. Following acLlon by the Council on the Preliminary Plat, the Zoning Administrator will refer the Preliminary Plat and the Council's action to other government agencies or jurisdiction* for their review and action as may be appropriate prior to Council action on the Final Plat. Subd. 15. Effective Period of Preliminary Subdivision Review. Planning Commission recommendations concerning anjf ”!lass I Subdivision and the Council resolution concerning any Class II and Class III Preliminary Plat shall remain effective for one Failure to file a complete Final Subdivision application within this time period shall be construed as formal withdrawal of the proposed subdivision. For one year following preliminary approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend tn* period by agreement with the subdivider and subject to all. applicable performance conditions and requirements, or It require submission of a new application unless substantial physical ORONO CC (4-1-84) a * Con * V WJ REQUEST FOR COUNCIL ACTION 1936 DATE: February 6, 199cT^ ITEM NONO.: *9 Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Adminisuator Administrator Reviewed:Agenda Section: Zoning Item Description: #2100 Robert and Debra Edmunds. 1030 Tonkawa Road - Variance Resolution Zoning District: LR-IB Lot area =68.078 s.f. or 1.56 acres Section 10.24, Subd. 5(B) - Lot width w'^jiance Required = 140' OHWL= lor 75' setback =101' Variance = 39' or 27.8% Brief Review of Application At the filinc of the building permit application, the Building Official was advised that there would be a borrowering of approximately 600 cubic yards of material to create a walkout design. Since the filinu of tile land use application, the applicants' architect advised that the fill will not be borrowed but results from the excavation of the three stall two stor>' garage addition. The City Engineer has reviewed both the original and amended grading plan (Exhibits F-1 and F-2) and approved the drainaue plan. All drainaue will be directed way from existing residential development to the north and south and directed to “the east, lire lot well exceeds the area requirement but cannot meet the required lot width. A variance is required as the original residence structure will be completely removed and new residence installed in its place. Planning Commission Recommendation Tlw Planning Commission recommended unanimous approval of the lot width variance. The enclosed resolution has been drafted per the findings and conditions of the Planning Comm.ssion recommendation. Please refer to the staff memo of 2/6/96 enclosed in this packet and the minutes of the Planning Commission meeting of 1/16/96. COUNCIL .ACTION REQUESTED: To either approve or amend the approval resolution, ch V ^^0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) FILE #2100 WHEREAS, Robert S. Ediiiunds aiiJ Debra K. Edmunds (hereinafter "the applicants") are ovsners of the property located at 1030 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Tract C, Registered Land Survey No. 617. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipiil Zoning Code Se<. lion 10.24, Subdivision 5 (B) to permit construction of a new residence on a lot that measures 101’ at both the Ordinary High Water Level (hereinafter OHWL) of l.ake Minnetonka and at the 75’ setback from the OHWL where 140’ in width is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. Tills application was reviewed as Zoning File #2100. 2. Tlie property is located in the LR-IB, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 1.56 acres. J.The Orono Planning Commission reviewed this application on January 16, 1996, and recommended approval of the variance based upon the following unique findimis and hardships: Pace I of6 B. C. D. E. F. Registered Land Suney No. 617 was filed at the County on November 30, 1956 prior to the current standards for the development of residential property within the LR-IB Zoning District. There is no additional land adjacent to the propert>' to combine with the parcel to create a conforming lot. The new residence will meet all other required standards of the LR-IB Zoning District and other pertinent sections of the zoning code. The final approved grading plan has confirmed that the adjacent residences will not be impacted by runofl' from the proposed residential construction. The City has received no verbal or wTitten objections to the proposed residential construction from the adjacent property owners. The width of the property is consistent with the width of the adjacent properties in the surrounding neighborhood. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City stall, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Tlie City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to oiher property in this ^.oning district; that granting the variance would noi 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. Paue 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of new residence structure at the property located at IOjO Tonkawa Road, subject to the following conditions: 1.All grading and drainage improvements shall be completed as showr. on the approved grading plan, a detail of which has been included as page 6 of this resolution. It shall be the responsibility of the City’ Engineer to inspect all final grading to ensure that the final grades and other improvements conform to specifications and elevations in the grading plan. Applicants plans confirm that there will be no need to install retaining walls in excess of a 4’ height. 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 (February 12, 1997). Violation of or non-compliance with any ot the terms and conditions of this resolutior 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 ot themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 6 ■ rr ii—i- |i -------~ ------------ ’V^ Adopted by the Orono City Council on this 12th day of February, 1996. ATTEST: Dorothv M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing insirumcnl was acknowledged before me on this 12th day ol February, 1996. by E ward 1 Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the Citv of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the Citv. Notary Public Pace 4 of6 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 Ihiblic 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 (theii) free act and deed. NOT.\RY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 beRrc 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 6 I liiiiiiil pi lil lipipllii? rnimmmmmmmmmmmm mmsmxfj^xXxxxii :l s«sfcife^i4«^liiiiliSSiiii«i«ili x:x;x:x:x:::;^x:::x::VtXx^xvX-:':-:-:-:-; •XxXx:::':-:v X ip« • • • • • ^ • • • • •••••••«•••••• Ex;X:::X:X;:;X;:; >-:X:X-:vX-xx . ::;X:X;:;X;:;X::;X;Biliiliil x::X:Xx:::x:x:x:;:x. X ::>XX:::X::;X:X;X::;Xv;x^x:x:x:x:x-x:::: X xvxv-.v ■X;:;::X:X;X;X;X;X;X;:;X:X:X:X;X::;.;y:v^ '• • • • •#•*•••••• fx-x-;-x‘:-X;X-:;;; iixixi:;:;:;:;:::;:::;:;: ;X:X:xi;i:i *!:l^:vXv:;::: > ■ ■ « r 1 • - ‘ ‘ ‘ ‘ •> > ...................................* 7, ! ^ / Li uinu Its ii, y . • 1 m hv •-X • • • •< e • t • •.•.•x*x*k • • • • • • n *T TO: DATE: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator January 8, 1996 SUBJECT: #2100 Robert and Debra Edmunds. 1030 Tonkawa Road - Variances/ Conditional Use Permit - Public Hearing Zoning District: LR-IB Lot area = 68.078 s.f. or 1.56 acres Application: Applicants seek approval of a lot width variance to permit construction of a new residence and a conditional use permit to permit the borrowing of approximately 600 cubic yards to create a walkout for a new residence to be constructed on property. The existing residence and all additional structures on property are to be removed. The borrowing of 600 cubic yards is not authorized under the scope of the building permit for the new construction. Pertinent Ordinances Section 10.24, Subd. 5(B) - Lot width va-Sance. Required = 140' OHWL = lor 75' setback = 101' Variance = 39' or 27.8% Section 10.03, Subd. 14(C) - Review of stnictural coverage. Total lot area = 68.078 s.f. or 1.56 acres Allowed = 10.212 s.f. Proposed = 3,926 s.f. or 5.7% No variance required Section 10.03, Subds. 20 and 21 - Conditional use pennit has been required as applicant proposes the horrowing of 600 cubic yards of fill to allow a walkout design. All excavations are located out of the 0-75' setback and will be located no closer than 125' from the lake. List of Exhibits A - Application i’ - Applicants' Addendum/Hardship Statement f - ' "at Map D - i’roperty Owners List E - Existing lmprovements/Sur\’ey F - Proposed Site Plan Zoning File #2100 January 8, 1996 Page 2 Gl-4 - Hardcover Fact Sheet H - Engineer’s Report 1/5/96 11-3 - Floor Plan Three Levels J - Elevations West and East - North and South elevations have not been submitted with application information Description of Request Applicants propose the removal of all existing improvements and the construction of a ne\v residence requiring a lot width variance as property measures 101’ at both the OHWL and 75 ’ setback. The code requires a 140 ’ width. The structure will meet all required setbacks ot the LR-IB zoning district. Based on the height definition, height shall be determined at the 962 elevation (962 ’ = highest elevation adjacent to residence. 952.5 + 10 ’ = 962.5'). At 1 1/2 acres the property has adequate area to support all proposed hardcover improvements as portions of the new structure will be located both in 75-250 ’ and 250-500 ’ setback areas. The new structure will be located behind the average lakeshore setback line determined by the residence structures located to the north and south of the proposed residence. The fomier residence on this property (located closer to shoreline) sustained drainage/flooding problems over the years which former owner claimed were intensified with the new construction to the north. Filling of the building pad will also provide insurance from flooding of the proposed residence and will also provide the desired walkout design. Review E.xhibit H, the engineer approves the proposed grading and drainage plan but is concerned that applicant proposes boulder walls where portions of the wall on both the north and south lot lines will exceed a 4’ height. UTiere walls e.xceed 4’, the engineer asks that modular masonry' block walls be considered and that a structural design be provided for all wall sections o\er the 4’ height. Review Exhibit F, note the area on north side of the residence just to the east ot the garage. Staff would ask why the area could not be filled and grades tie into a swale adjacent to lot line rather than installing a retaining wall and attempting to control drainage from house m the limited area between wall and house. Staff would also like more detail on the drainage along the soutli side to the east of the retaining wall at the 954’ to 952 ’ elevation. Will drainage flow onto adjacent property to south? How shall drainage be controlled along lot line to ensure that drainage does not flow- to residence at north but is directed further east? Statement of Hardship Refer to Exhibit B. V»—I ■ ^ y »y^t Zoning File #2100 January 8, 1996 Page 3 Issues for Consideration 1. 2. 3. Applicants should respond to staffs question concerning installation of a boulder wall along the lot line rather than filling to create positive drainage away from residence and toward a swale that could be constructed along adjacent lot line. How shall grading plan be amended to ensure that drainage along south lot line is directed along south lot line of propert>' away from residence to south? How shall applicants address engineer's concern regarding boulder walls vs. modular walls where walls will e.xceed 4’ height? Will there be a combination? Options of Action To approve as proposed or amended. Any recommendation of approval must consider the following conditions: 1.Applicants to obtain a demolition permit for the removal of the existing residence and detached garage. Upon application for a building permit, applicants shall provide an updated surv'ey locating proposed residence and other site improvements. Applicants to provide a detailed grading plan with building permit application for City Engineer ’s review addre-ssing the following: A.. Walls in excess of 4’ shall provide the following information: Cross section detail of walls with specifications. Method of providing drainage for walls. Method of tie back restraint for walls. Geotechnical evaluation of existing soils. Silt fence be shown on the plan along the eastern grading limits for erosion control. Amendments to plan addressing concerns of drainage at north and south lot lines. 1. 2. 3. 4. 5. 6. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00*4* ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION « ^ Site Address______________\0»>0 "T0MV:AMA> Property Identification Number (P.I.D.) •• ■ _ _ ^ ^ A > rropeny laenuiicauua v* _____—----------------—---------- Attach legal description to application if not included on required survey. Date Property Acquired _____________----------------------------------- I (do) (do not) also own the adjacent parcels of land. ^_____r*A(*other I (month/year) Present use of property; X residential Zoning District; other (specify). APPI ir’ANT Phone (home)— =-----j-— *v ■■ Pho..(work) -lO^ I=^. C.ty:.t5pen PjZAJlW-E^Z-P • * OWNER (if different than applicant) Phon^hor.te) — M.c,, Yr,t^srci.-a^^ BtflUMPto. Phone (work) description of request Estimated Construction Cost S_---------------------- ° Describe request indetail: Kl^u Zf^in P.hTn^^-----<rioK<WA.)rl.Xlra>0 • (attach additional sheets if necessary) VARIANCES REQUIRED . . ^ Lot.^rca • X Lot Width -• Setback;Front Side * •• •! * ‘Hardcover-’ i Rear Lot Coverage Average Lakeshore ^ Other (specify) PgRMlT FOP FUl^--------- compliance with Zoning Code requirements._— --------------------------------------------- • ----------- 'jry Mrm=:-------------------- (attach additional sheets if necessary) ^ ' f Ii h REQUIRED SUBMITTALSr:• •• 0 — m» •• • •• • • • All of the following information must he submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. Completed Application Form 3. 4. 5. 6. ^ 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-^271),* V. ' ^ 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. .•,»>■* / •' . .... X Topographic survey (existing and proposed elevations) if any changes in existing grade are.proposed. In addition, provide one (1) copy 8'A" x ai" for reproduction. X Sketches or plans of noor & elevation views (provide one (1) copy 8'/i" x 11 ). List of the legal names (include marital stanis) of all persons witli an interest in the property.. Tliis would include name(s) of applicant(s) if not current owner(s). 7< y t * ’ As..an*addendi«n to this application, please attach ^.separ^te lis7.qf any^ other persons .*If7,y(Mi*‘Wish notified'of-appjication. ^ .. ' ' X Additional items as may be requested by City ^taff.8. S .” • The AppHcane and'-pjopeny Owner must sign Ulif; sPJ?U.Miion. PJe.ase rera^^ vour voriartri--ar.niiral'--" - nm rnmnir.e.if. the aho-'C irifo^-matio.' has nOt-been-mdnd .ej, APPLICANT’S SIGNATURE ^ ^ u ^7 • and/or consultant expenses incurred in review ot this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant ’s Signature Date W-- 'ZJ-qg ' OWNER’S SIGNATURE ,, Tlic owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto. the.properB'..by City.AW/f, fonsiUtapts. agen|s .Conmjssion members, and Council members for purposes of investigation and verification of (his request.' Owner ’s Signamre " Applicant musJha^c.'alllub^^ before the Planning Commission Me-tin<’ Planning Commission Nfeetidgs are held on the-third ''Monday of each month. Annlicmits must be present at all scheduled review meetings of the Planning Commission ai (^Council. If an applicant is unable to attend a scheduled meeting, please mt^e arrangements to have an authorized agent attend in your place and to advise the Building & Zomng Office of this change prior to die meeting. KErm WATERS &ASSOClATES»ING DESIGNERS & BUIUDERS 10340 Viking Drive Suite 110 Eden Prairie Minnesota 55344 (612)942-1060 Fax 942-1058 License Number • 0CX)15Gd HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS FOR 1030 TONKAWA RD. This is an existing lot with an existing house, comparable in size and configuration with typical lots in this section of Tonkawa Rd. This lot is nonconforming only in lot width. No setback, lot size, or hardcover variances are requested. Current zoning required 140’ lot width. The lot was developed prior to existing codes and has 100.29 of frontage. The proposed new home is consistent with new construction and remodeling in this area. A Conditional Use Permit is required to fill on the entry side of the home to ensure proper site drainage and access to the garage. Care has been taken to ensure that no additional runoff enters the neighbors lot. No cut or fill will occur closer than 125' from the lake. Approximately 550 yards will be used as fill. All fill comes from the excavation of the house, without any fill being brought to the site. ;•> r’< h h^kT~r K *■oe-il7-23-2y •j-v i V WN OATI 12/1V«. ,.•.■■■A; BATCH 504 ' —^ ^ PHOP AOOH NAHE \ S’V TAXPAYER N-^V NAME/AOOR PROP AOOR .« Vv CMIER NAME .V ■ TAXPAYER y*; NAME/ADDR ■ H ^ .,’Y r*">■ PROP AODR OHNER NAME S8 Oa-117-23 12 0005 01000 TONKANA RO R J HOFFMAN ETAL RAYMOND J HOFFMAN 1000 TOrWAHA RO LONG LAKE MN 55156 TAXPAYER 'l^'T'•r< - t v> NAME/ADDR Of. > • ■ ■ ‘.i, PROP ADDR ^ • OHNER NAMEf V taxpayer NAME/ADDR;..r> . so 08-117-23 13 0014 01020 TONKANA RO DOUGLAS J HILLIAMS DOUGLAS J HILLIAMS 1020 TONKANA RD LONG LAKE m 55356 36 06-117-23 24 0002 ' 01015 TONKANA RO DANIEL C A RUTH M PARTEN DANIEL C t RUTH M PARTEN 1015 TONKANA RD LONG LAKE ^t4 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PR»»ERTY OHNERS LIST36 08-117-23 13 0001 01065 TONCANA RD J R A C K 6A6RIELS0N JJHN R GA6RIELS0N 1065 TO»A(AHA RO LONG LAKE tM 55356 36 08-117-23 13 0015 01030 TOMCAMA RO R S EDMUNDS A D K EDMUNDS R06ERT S A DE6RA K EDMUNDS 8923 HIDDEN OAKS DR EOEN PRAIRIE MN 55344 38 08-117-23 24 0004 01035 TOMCAHA RO BARBARA A HI6LEY BARBARA A HIGLEY 1035 TONKANA RO LONG LAKE m 55356 REPORT NO. PI435401. : PAGE 8 TOTAL BATCH 504 00009 ;.;;n U ‘ . i r* •>? • ^ -r * \ ^ ) •*' V!*; I Ar\ 'f ) ym.-: OWl-' • V .•-* . . I • A .*• ; ' rO'"-:-’'*, V • ‘ ‘ 'I • * . ^ c .38 D8-117-2S n 0D13010^0 TONKAMA RD RAJ BAUMAN ROBERT J A JOAN C BAUMAN 1040 TONKANA ROAD LONG LAKE MN 55356 38 08-117-23 13 0019 01060 TONKANA RO ALLAN K PRAY ALLAN K PRAY 1060 TONKANA RD LONG LAKE MN 55356 38 08-117-23 24 0005 . 00038 ADDRESS UNASSIGNEO DANIEL A RUTH PARTEN DANIEL A RUTH PARTEN 1015 TONKANA RO OROrX) MN 55356 • Y ..VX # • *> f * • t :< t.,* i r.7 ■ 1. ,1 \ • ; • 1 • ?«; .i • * »J : ■ * ./! J - % r. .*• Vl ^ • I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE ' ‘ REPRESENTATI0t4 OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN C0W4TY DEPARTMENT OF PROPERTY TAXATIW, TO THE BEST OF MY KNOHLEOGE AND BELIEF. •</ ’ V*:» s . ‘.‘if.’ }■•■ *Hin ■ DATE l2-2ff-S^’J.- f'''* ■ nv • A - v; ; .;j‘: V 1<‘. • ,.VW. '• ■ • *•*1 I’ ^ i-y *• ■ '• '-V.' i; ■ \ vr‘- i • •■.ri'&r'. '’f'ifV rji.L- -Jf^-.5: - • V., ■ • * m • •• »*<m*^*Plat of Survey for Hra. Marjorie Gaach of Tract Beglatered tend Survey No. 617 Neniwpln County, Minnesota Certificate of Survey: I hereby certify that this le a true and correct representation of a eui*vey of the boundaries of Tract C, Registered Land Survey Ko, 617, files of Registrar of Titles, County of Hennepin, and the location of all existing buildings thereon. . I I. • i • /hr i' '•L- ».•* • Scale Date O 1" = 80* 11-7-76- Iron mar‘<er i i • \ c.: « • Gorxlon R. CpTfin . Re^i^^’o. 606'4 ; Land.SurvcMtr and riar.iior Long Lake, ' ,, • * • *• I •^1 Bk:- '///i HARDCOVER CALCULATION WORKSHEET ✓ : • V ■\\ ij SETBACK ZONE: (CIRCLE ONE) f^0-7S’75-250 ’250-500 ’ EXISTING HARDCOVER IN ZONE A. House ______________ Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL hardcover IN ZONE TOTAL PROPERTY AREA IN ZONE -r B X 100 = PPnpnSF.n HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway X X kIiO D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __________________ ^ ® ■ X 100 = 500-1000 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _______S.F. _______S.F. jQ_____% S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. /O A B A B I r HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A. House ____________ X 75-250’250-500’500-1000’ Length Widen B. Garage C. Driveway D. Sidewalk E. Patio/Dcck F. Landscape Underlain By Plastic G. Other X X X "TO -i\o TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 4- B X 100 =Cf/O PROPOSED HARDCOVER IN ZONE A. House ______________ Length Width B. Garage C. Driveway D. Sidewalk E. Patio/Deck X X X nj^An.n s.f S.F. S.F. S.F. X X X X X X <D.O S.F. S.F. S.F. iHR.Q S.F. S.F. '^oo,n S.F. S.F. F. Landscape IN) I Underlain I <31^.00 By Plastic _____________^-------------------- G. Other _____________— ■' ----------------- 'flcT^.O S.F. S.F. S.F. 0.0 S.F. TOTAL H.A.RDCOVER IN ZONE total ^ B X 100 = ^*7 ^'7.2. llj,<rh-7lst.D S.F. S.F. /O O' A B A B 1 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-250 ’250-50^500-1000’ f.yTSTING HARDCOVER IN ZONE A. House ______________ S.F. 'Length Width X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. S.F. S.F. D. Sidewalk X X 7 S.F. S.F. E. P.*'’’^/Dcck X X F. Landscape Underlain By Plastic gy n >ocg = S.F. S.F. X r* ,1 D S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE total PROPERTY AREa IN ZONE . -r B X 100 = S.F. S.F. % PROPOSED HARDCOVER IN ZONE A. House -------------------- Length Width X X X S.F. S.F. S.F. B. Garage qgSg.S S.F C. Driveway X X S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Dcck X X a.o S.F. S.F. S.F. F. Landscape Underlain By Plastic S.F. S.F. G. Other 0.0 S.F total HARDCOVER IN ZONE total PR^O^PERTV area in zone ^ x too S.F. 7J2J0e>^.O S.F 2.LQ_/O a B • - r l*' r.: r»' »■ *•*. • - ’•'“o. . - 'U S- A D HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-250’250-500’ EXISTING HARDCOVER IN ZONE A. House •• ______________ Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A /23&S.O -i- B X 100 PROPOSPn HARDCOVER TN ZONE A. House _____________ Length Width X X X B. Garage C. Driveway X X Klo Neu D. Sidewalk X X Patio/Deck ppjppoesns 1 -rm-s X X F. Landscape Underlain By Plastic X X X G. Other total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ ___^ B X 100 = 13 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. _S.F. S.F. iL^_ _ /O S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. or dO B • • • •• *1 4 ■r A B 1 % 1/1 Bonestroo Rosene Anderlik & ^1 Associates Engineers & Architects January 5, 1995 Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Edmunds Residence File No. 139-2100 Dear Jeanne, SonMtroo. And*rt» and AuociMct. Ir*t li an Afnnna«va ActUx^qual Opportunity Empleyar Otto G. Bonestroo. F E. Robert W. Roiene. P E.* Joseph C. Anderim, PX Marvin L Sorvaia. PX Richard E. Turner. P.E Glenn R. Cook. P E. Thomas E. Noyes. P E. Robert G. Schunicht P.E. Susan M. Eberiin. C.P.A.* • Senior Consultant Howard A. Sanford. P E. Keith A. Gordon.. P.E, Robert R. Pfefferle. PE. Richard W Foster. PE. David O. Loskota. PX Robert C. Russek. A.1«A. Jerry A. Bourdon. PX Mark A. Hanson. P E. Michael T. Rautmarwi. PX Ted X Field. P J. Thomas R. Anderson, A.I.A. James R. Roienmerkel. P E. Oorsald C Burgardt. P E. Thomas A. Syfko. P E. Frederic J. Stenborg. P E. Ismael Marilnei. PX .Michael P Rau. P E- Thomas W. Peterson. PX Michael C LyrKh. PX Brian X Gage. PX James R. Maland. P.E. F. Todd Foster. PX Jerry D. Pertiich. P E. Keith R. Yapp. P.E. Scott J. Ar-janek. PE Douglas J. 8er>oit PE Kenneth P Anderson. PE. Shawn D. Gustafson. PX Mark R. Rolfs. PE. Cecilio OHvier. P E. Mark A- Seip. PX Kent J. Wagner. P E. Gary W. Morien. P E. Paul Gl Heuer. PX Paul J. Gannon. A.I.A, Daniel J. Edgerton. P.E A. Rick Schmidt. PX Dale A. Grove. P E. Philip J. Caswell. PX Mark 0 Wallis. PX Miles X Jensen. P E. L Phillip Gravel. P E. Karen L Wiemen. P E. John P. Gorder. P E. Dan O. Boyum. PX Jeffrey J. Ehieringer. PX Joseph R. Rheirt. PX Lee M. Mann. PX Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Agnes M. Rlr>g /O^i XA a/-N We have reviewed the site plan for the proposed residential construction on the property owned by Robert and Debra Edmunds at ua37Ay BvW-i».(^cle. The construction includes placing fill and installing retaining walls to create the walkout house pad. The grading plan appears acceptable from an engineering standpoint. The grades do not exceed 3 to 1 (horizontal to vertical) and the drainage is controlled on the property. Inspection and testing should be done during the filling operations to verify that the soils and compaction arc adequate for structural support. More information is needed on the two retaining walls. Tlie north and south walls are shown up to 4.5 feet and 6 feet in height, respectively. We would recommend a modular masonry block wall be used and a structural design be done for any wall over 4 feet in height. There are many manufacturers which provide an engineered wall system for almost any application. The wall should have a draintilc line installed to function properly in clay soils. \Vc do not recommend gravity type retaining walls, such as boulder walls, due to the difficulty in determining their effectiveness or durability'. The applicant should provide the following information: cross-sectional detail of wall with specifications method of providing drainage for walls method of tic-back restraint for wall geotechnical evaluation of e,\isting soils Silt fence should be shown on the plan along the eastern grading limits for erosion control. Please contact me at this olfice it you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. ShawTi D. Gustafson, P.E. : 1 1 * m * ’ 1 1 • 1 1 (j) 1 • 1 1 > 5| 1 1 1 1 A___________d \V ( I I 4 "r* J___ft & 1— r '[ jL -Ml~T zo H iftl o» 0 —Hj I —4 4 t Ti REQUEST FOR COUNCIL ACTION Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed: ®°‘*'°*-ME6TINa *^CS l2 jggg DATE: February 2, 1996 ITEM NO.: / 0 Agenda Section: Zoning Hem Ocscriplion; #2101 C. Hommeyer/J. Bowen/X. Rolland, 4119, 4125 and 4I'>7 Oak Sl^t - Preliminaiy Subdi^ ision of Lot Line Rearrangement and Vacation - Resolution Zoning District:LR-IB Total area = 3+ acres Review of areas of lots as a result of the lot line rearrangement- Lot 1 = 43,600 s.f. Lot 2 = 43,600 s.f. Lot 3 = 55,600 s.f. Brief Review of Application Applicants propose a lot line rearrangement involving lifteen lots that would result in three lots each totaling orie acre or more in area. Tile application does not involve the creation of new OIS. Appiieants also propose the vacation of unimproved public rights-of-way that intersect 1C residential lot. Review Exhibils B and G, applicants propose the complete vacation of Piuk Aienuc and Clyde Place with a partial vacation of Oak Street. Applicants shall grant easements over all utilities located within the vacated richt-of-way. Refer to Exhibit F. the drainageway that Hows from ihe north to the ravine a, the southwest comer shall be protected by drainage easements. The majority of the drainagewav is located within unimproved Clyde Place. The City will ask for a minimum 20' width for the drainage In exchange for ihc City approving the vacation of some 40+' of public right-of-wav the applicant will be asked to dedicate an additional 10’ of right-of-way for Linden Avenue with a nevv aO e.xlension lo Ihe Knighl property at the northwest. The Knight properlv will retain a public access and continue to use a private driveway easement located within'the Bennclt property to the southeast. With the acquisition of the additional right-of-way for Linden < venue, stall has attempted to lollovv guidelines suggested by Council when dealing with developed propemes in order to minimize any negative impact upon surrounding development o temper the required standards for new development. If there is to be a turnaround, it will be provided in the knight property at the time of the future subdivision with the creation of f - vr Request for Council Action continued Page 2 February 2,1996 Zoning File #2101 C. Hommeyer/1. Bowen/K. Rolland, 4119/4125/4127 Oak Street Lots 1 and 2 shall be ser\ed by a shared drive at Linden Avenue. Lot shall continue to use the unimproved extension of Oak Street. Lots I and 2 shall be assigiied a Linden Avenue address. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the vacation and subdivision of a lot line rearrangement as proposed, subject to the findings and conditions set forth in the enclosed staff resolution. COUNCIL ACTION REQUESTED; Council may adopt or amend the enclosed approval resolution of the preliminary subdivision of a lot line rearrangement. Council may conceptually approve the vacation but the formal resolution approving vacation shall be presented for Council's fomial action with the final plat of the subdivision. r . A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A PLAT OF A LOT LINE REARRANGEMENT INVOLVING THE PROPERTIES LOCATED AT 4119,4125, AND 4127 OAK STREET - FILE NO. 2101 WHEREAS, Charles W. Hommeyer, Kenneth B. Rolland and Jeffrey A. Bowen (hereinafter the "applicants") on December 27. 1995 filed a formal subdivision application with the City for approval of a plat of a lot line rearrangement of properties legally described as follows; Lots 1, 2, 3, and 4, Block 3, and Lots I, 2, 3, and 4, Block 4, and Lots 1, 2, 3, 4, 5, 6 and 7, Block 5, Minnetonka Summit Park. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the CiW of Orono’s Zoning and Platting Codes, the Orono Planning Commission held a public hearing on January 16, 1996, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission unanimously approved the lot line rearrangement of fifteen lots into three conforming lots in conjunction with the proposed vacation of Park Avenue, Clyde Place and portions of Oak Street at their regular meeting held on January 16. 1996; and WHEREAS, at their regular meeting held on February 12, 1996, the Orono City Council considered the subdivision application of the applicants noting the following findings of fact; 1 The property is located within the LR-IB Single Family Lakeshore Residential Zoning District requiring a minimum of one acre of land within each lot. 2 The subdivision involves the lot line rearrangement of fifteen substandard parcels into three lots that will meet the area standard of the LR-IB zoning district. Page 1 of4 r 3. The property consists of three-plus acres. 4. Lots 1 and 2 shall share a single driveway access onto Linden Avenue. Lot 3 shall continue to be serv’ed from unimproved extension of Oak Street. 5.The subdivision does not involve the creation of new building sites but merely the readjustment of the shared lot lines between the three property owners. 6.The City conceptually approves the vacation cf Park Avenue, Clyde Place and portions of unimproved Oak Place. The City shall tormally approxe the proposed vacation upon applicants filing the final plat. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City ol Orono hereby approves the preliminary plat application of Charles W. Hommeyer, Kenneth B. Rolland and Jeffrey A. Bowen per plat drawings by Mark S. Gronberg, a licensed surveyor of Collin and Gronberg, Inc., dated September 21, 1995, most revised date January 31, 1996, subject to the tollowing conditions: 1.Applicants to dedicate drainage and utility easements 5' along all interior lot lines and 10' along the perimeter boundaries to be excluded along the shoreline. Applicants to grant drainage casements at a minimum 20' width over drainageway that Hows from north to south. The drainageway is located within portions of vacated Clyde Place and shall extend over portions of vacated Oak Street (taken over culverts under private drive). Applicants to dedicate utility casements over all existing utilities located within v'acated riuht-ot-ways. Lots 1 and 2 shall access properties via a shared drive at Linden .Avenue. Applicants to seek approval of Public Works Director for new curb cut at Linden Avenue. Applicants to dedicate addiiional 10' of right-of-way for Linden Avenue with a 30' extension to the north as shown on tlie preliminary plat drawings referenced above. Page 2 of 4 I The foUowng Ust of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals will be as follows: 1. Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200’. Drawing to include: A.Lot lines platted per preliminary' survey’ by Mark S. Gronberg ot Cotfin and Gronberg, Inc., dated September 21, 1995, most revised date January 31, 1996. B. Dedication of "drainage and utility easements" as noted in Item #1 above. C.Designation and dedication of a 20' wide drainage easement over drainaiieway located within portions of vacated Clyde Place. Oak Street and residential lots. Dedication of additional right-of-way for Linden Avenue as shown on preliminary plat drawings noted above, to be shown on plat as Linden Avenue. E.Designation and dedication of utility easements over all utilities located within either vacated right-of-way or portions ot residential lots. F. Naming of plat. Legal documents required: Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall either sign off on the plat or execute consents to subdivision. Signed and executed drainage easement to be taken over 20' drainageway within plat (see sample enclosed). Page 3 of 4 J r C. Signed and executed access and utility easements to be taken over all areas designated as utility easements on plat. 3. Fees to be paid; Total due; $200.00 A. Lecal review and filing fees for subdivision and associated documents — $200.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of February, 1996. ATTEST: Edward J. Callahan, Jr., MayorDorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day ot Februarv 1996, by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalt of the City. Notarv' Public Paue 4 of 4 To:Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator January 9, 1996 #2101 C. Hommeyer/J. Bowen/K. Rolland - 4119. 4125 and 4127 Oak Street Zoning District: LR-IB Total area = 3 ^ acres AppliLits were encouraged to proceed with the subdivision and vacation application subject to the conceptual directives developed by the Planning Commission. Pertinent Ordinances ! Section 10 12 - Vacation of public road/street. Applicants have petitioned for *e vacation of unimproved Clyde Place, Park Avenue and portions of unimproved Oak Street. o m .standards Subdivisions of lot line rearrangements do not require that fo^Te brouemup^^ of the zoning district as the division does no. propose thelreation of new building sites. A1 but one lot will meet the area requirement of one acre, 43,560 s.f 2. 3.Chapter 11. R Definton 66 (C) Class III subdivision applications. The subdivision involves the ^ vacation of streets and the dedication of additional right-of-way, utility and drainage easements. The Code will require that the division be completed as plat. The area of the three lots are as follows; Lot 1 - 44,300 s.f. Lot 2 = 43,400 s.f Lot 3 = 55,700 s.f List of Exhibits E Application Plat Map Propertv Owners' List Map of Current Ownership of 15 Lots rnaineer's Report 1/5/96 Topographic Map Defining Drainagcway Plat oTLo'. Line F.eanangeir.ent Zoning File #2101 January 9, 1996 Page 2 Review of Application The original subdivision application or sketch plan has been amended so that only a portion of Oak Street will be vacated. Both Lot 3 and the Siegel property (refer to Exhibit B) will continue to be served by the remaining unimproved platted right-of-way of Oak Street. Clyde Place and Park Lane will be completely vacated. Lots 1 and 2 shall be served by a shared driveway at Linden Avenue. The addresses of Lots 1 and 2 currently assigned to an Oak Street address will now be changed to Linden Avenue. Mr. Rolland, the owner of Lot 3, can continue to use the Oak Street address. The applicant’s surveyor has located all utilities within the areas to be vacated. The majority of the utilities are located within portions of Oak Street and Park Lane. Applicant’s surveyor has recommended that since all utilities are grouped in one area that a blanket utility easement be taken over vacated Park and Oak. The utility easement should be extended outside of vacated nght-of- way if necessary to meet desired width for easement. Refer to Exhibit F, the topographic map locates the drainageway located just to the east of Clyde Place The City will ask for a 20’ wide drainage easement over drainageway. The drainage easement shall also include portions of vacated Oak Street (over culverts beneath gravel drive). Applicants have met with staff to discuss the dedication of additional right-of-way for Linden Avenue that would also include suitable access to the Bennett property (refer to Exhibit G). Following guidelines suegested by the Council at a recent workshop, staff has recommended that applicant grant an additional 10’ of right-of-way for Li^^en Avenue width 40’) and a 30 ’ wide extension to the northwest providing a public access f#the 'Jroberty . Members may recall that Council advised that standards for new development (i.e. road dedication, required improvements) should be modified when dealing with developed properties in order to minimize the impact upon surrounding development. The final plat shall show the extension as part of the dedicated public road. Linden Avenue, and not as an outlet. If the property to the northwest is to be subdivided, a cul-de-sac shall be provided at the end of the public road. The need to retain a walking trail over vacated Oak Street providing access to the lake and ravine area is no longer necessary since only a small portion of Oak Street will be vacated adjacent to Lot 3's boundary Staff Recommendation Staff recommends approval of the lot line rearrangement for the properties located at 4119, 4125 and 4P7 Oak Street that would propose the replat of 15 lots within Blocks 3, 4 and 5 of the Minnetonka Summit Park plat into three lots Staff also recommends the vacation as proposed that involves the complete vacation of Clyde Place, Park Lane and the partial vacation of Oak Street as shown on the survey by Mark S Gronberg of Coffin and Gronberg, Inc. and dated September 21, 1995, Job #95307, subject to the following conditions; Zoning File #2101 January 9, 1996 Page 3 1 2. 3. Applicant to grant a drainage easement over the drainageway that runs from the north to the south over portions of vacated Clyde Place and portions of the proposed residential lots. Drainage easement to extend over vacated portion of Oak Street and culverts that run under gravel drive. Lots 1 and 2 shall access properties via a shared drive at Linden Avenue. Oak Street addresses are to be reassigned to a Linden Avenue address. Applicants to dedicate utility easements over all utilities located either within dedicated right-of-way or outside of vacated right-of-ways. Drainage and utility easements 5’ wide adjacent to all internal lot lines and 10' wide along all exterior lot lines to be omitted along shoreline. 017 10 17 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ^/fj H/L7 ?rA(rr Type of Application to be Filed _C/7/ XTAffrS. Property Identification Number (P.I.D.) —------------------------ APPLICANT Name Address ^/2.s adn jr________ Phone (home) Phone (work) City qj/aA^a Zip OWNER (if different than applicant) (home). Name r//j^(€r £*^. A. ^^^^vPhone (work). Address ________ _________^‘0^----------------------Zip DateProperty Acquired (monih/year) I (doXXdo nogyiso own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential Accessory Use $200.00 Insiimtional (church, school, etc.) $175.00 Guest House/Guest Apartments ^ $150.00 Duplex Credit/Bldg 9A2-/7S- $250.00 Commercial/Industrial Use ) $200.00 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 $100 00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee X OTHER APPLICATIONS $200.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment $100.00 Appeals Otlier - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District______ Present Use of Property Residential Other (specify)i I REQUIRED SUBMITTALS 1. ____Completed Application Fonn. X — "p";2;;r;-“o™e?sListofow„erswi^ Hennepin County Department of Finance, A-603, Government Center, 348-3271). 5:-------CenSe of Survey (signed by a licensed surveyor) - refer to handout for survey 6 AraTlegal description to application if not included on requi^ survey. 7. Topographic survey (existing and proposed contours) if land alterations invol 8 U^o?tte 'eaarnMies (include marital sanis) of all persons with an interest m the -------property. Th'is would include name(s) of applicant(s) if not current owner(s). Q Construction plan, if applicable (see staff for requirements). 10. ------- As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. S^MITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. P^ase remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff;__________________________— • ” The''aDrftaaJhcfe'S^ag^^ provide all information required or requested by the Zoning rator aeree^s to pay additional fees (staff time not covered by original fee payment) ^ndrunuS ex'penses inJrred in review of this application, and certifies that the information supplied is true and c^ect to the best of his/her knowledge. Applicant’s signature Date S^r^w“r\em'bv ^kl^edges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, members, an members for purposes^f investigation and verification of this request. m c/V.DateOwner’s signature U ,11 o.hntiinK into the Citv offices 25 davi before the Planning Commission Meeting. Plamiing Applicaa. mus, ha . nl „f„ci.LnUi. Applicams must be present a. all scheduled Commission * g . pQ^^ssion and Council If an applicant is unable to attend a scheduled meetmg. Jietrr-d ad.ue the BuUdUig A Zoning Omc. of this change prior to the meeting. ft f *ffl <«a-'i^ <*'75'^oo-a>-f ^ .-^ ^ sro .CO CITY OF ORONO - SUBDIVISION APPLICATION ^ S’o . cc PROPERTY LOCATION 0' Site addresst4i2L^ Property Identification Number (PID)________ Please check one - Propertv' ^ abstract or ^— torrens? Attach legal description to application. Ch 5. M j S v^irtcj APPLICANT Name 3V»-C^e<^ ^5oc^<w< ^ Address ^//^ t^2~7 City n^ruw o __________________ — ' Phone (home) jH 'Oip^- Zip Phone (work) ________ OWNER (if different than applicant) Name Address City Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Ta.x Parcels Development Size Present use (check) Present Zoning District Acres Diy Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ PROPOSAL Division for Ta.x Purposes Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites ________ Existing Units Proposed Gross Density' Minimum Lot Size Proposed Use (check) New Units Total Units Units per _Acres Sq. Ft. Dry Buildable Land Residential Other (specify) ___________ minimum material required for complete prelevdnary application 1. Payment of fees (refer to "application fees* listed below). 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. j , . rvnu must obtain this list, labels and map from 1 Citified Pt^tetty Ownen U« of ownen withiii 350-. labels and plat ^ Hennepin County Department of Finance. A-603. Government notified of this application. 5. As an addendum to this application, please attach a separate list of y Zoning Official ’s Signature ------------------------------------------------------------ minimum material required for complete final 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park rertifirate of Sutvev or mvlar copies of formal plat. and park fees if appicable). Date 1. Payment of fees (reter to t^iimmary ouduiv «i«u ---- 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5^ Developers Agreement and Letter of Credit. Zoning Official ’s Signature ------------------------ I application fees (Zoning Administrator to check [.XI those which apply) ’ *"1" r":“w fCIsss I. 1. ^ HI, S2.0.00 Subdivision of a Lot Line Rearrangement SjW.OO ' ^ Subdivision Application (Class I & nn/tm triass III & all non-residential) -------- Preliminary Subdivision Application S325.00 + S25.00/lot (Class Final Plat Application (Class 111) S175.00 Legal Review and Filing; Subdivision only S75.00 --------Subdivision w/easements and covenants mm. S200.UU Park Fees (to be determined per Section ------- TZt FM ctriil SuWvisL Appliclion SIOO.OO (No chongo from origioal appl.couool Totals lin. ft. X .50 = S. lin. ft. X .50 = S ■" Proposed Public Roads syuo.w - Sysre™ tirSroXv.t° VppS^^^^ subdivision applications) — S50.00/new lot proposed for on-site x -------- new ois T-___IToocc Hexible Application Fees/Misc. Fees esSbcd by \D>UVVWV ------------------- Applicant s Signature ^ \ Owner’s Signature ----------- Date IZ- _ Owner s Sig J nfficl 25 days before the Planning Commission meeting. Planning Applicant must have all submittals into ^e C‘ty O be present at all scheduled review meetings ot the mcLngs arc held on the third of a scheduled meeting, please make a^gements to have an authortzed Comrmssion and Council. Bmlding & Zoning Office of this change pnor to the meetmg. •. *• - .yb (25)'^ « (22) (3) H iSk 9 <•0-..0* ^ O (21) <3UTl0f C r) • **• c «•- ; j r3 J •,?? *4 « ■:»“ - i», '" S’SC S ■« . a, a »( »S **'o— ^ q ICS) 1* «. ■> 'a ’ 9» (23) I** (U)B N ,4 !« V > « ® (22) (IS) ^$t :.3 B: 4 B > a i(90) •a: (92) a B"* 4 B B /'® -.^/(97) ^ sc M J 1 Ij,- » 3 .»5 '?5 ' vi« 'a ^ ’ Ti ■'^9^ --cr :3: ”5?' [3), !»♦ •t-sr-oar^ frUN DATE 09/06/95::rv:-:' it ; MTCH 5(MPROP AOOR ' ^|i--.OMNER NAI« ;V‘;- '^TAXPAYERNAME/AOOR ;I /*S*^ * * *f > /• »V ■ ^V.' NAHE/ADDR '^V^VvPROP AOOR (MCR NAME >-.?• TAXPAYER name/ ... '■ • V . * * i PROP AOOR . : ONNER NAME >;•/; TAXPAYER NAME/AOOR 1 ‘ . ; . •} • • : it • If* ■ .. * f**v/ Q|f; PROP AOOR OWNER NAME TAXPAYER NAME/ADDR r. ' > ’ •(* . /I * '■ f PROP ADDR OWNER NAME TAXPAYER NAME/ADDR . ; • :^ * o... . PROP ADDR > V, OWNER NAME ■VP TAXPAYER. NAME/AOOR A**.* A O i A •* • ■ )i- • ♦ ^ A v;* . • VVr.'** ' > •; « >Al V •' •f. sa 06-117-23 13 000300038 ADDRESS UNASSI^DVEDA INCVEDA INCPO BOX 375LONG LAKE MN 55356 38 06-117-23 16 0020 00605 TONKAWA RD F D A M M BENNETT FRANK I MARTHA BENNETT C/0 WAYCROSSE INC PO BOX 9300 DEPT 26 MPLS MN 55660 38 06-117-23 61 0016 00685 PARK AVE DONALD L MEYER ET AL DONALD I CATHERINE MEYER 685 PARK AV LONG LAKE MN 55356 38 06-117-23 61 0019 00680 LINDEN AVE JOHN 0 ALBERS JOHN DAY ALBERS PO BOX 668 PARK RAPIDS MN 56670 38 06-117-23 61 0022 00680 LINDEN AVE JOHN 0 ALBERS JOHN DAY ALBERS PO BOX 666 PARK RAPIDS MN 56670 38 06-117-23 61 0026 00038 ADDRESS ^ASSIGNED CHARLES W A Am W HOMMEYER CHARLES W A ANN W HOMMEYER 6125 OAK ST LONG LAKE m 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST38 06-117-23 16 0012 06185 BAYSIDE RD ALLAN E REZABEK ET AL ALLAN A SHIRLEY REZABEK 6185 BAYSIDE RD MAPLE ©LAIN MN 55359 38 06-117-23 61 0016 00033 ADDRESS UNASSIGNED JOHN R GERHARDSON JOHN R GERHARDSON 351 LAKEVIEW AVE LONG LAKE MN 55356 38 06-117-23 61 0017 00693 PARK AVE DONALD L A CATHERINE A MEYER DONALD L A CATHERINE A MEYER 685 PARK AVE LONG LAKE MN 55356 ♦38 06-117-23 61 0020 00680 LINDEN AVE JOHN D ALBERS JOHN DAY ALBERS PO BOX 668 PARK RAPIDS MN 56670 38 06-117-23 61 0023 00680 LINDEN AVE JOH!4 DAY ALBERS JOHN DAY ALBERS PO BOX 668 PARK RAPIDS MN 56670 38 06-117-23 61 0027 00038 ADDRESS UNASSIGNED CHARLES W A Am W HOMMEYER CHARLES W A Am W HOMMEYER 6125 OAK ST LONG LAKE m 55356 • % r ' % ■ ? '.i -;-I.*y • . y. REPORT NO. PI635601 PAGE 1338 06-117-23 16 0019 06165 BAYSIDE RD J A M ALTJAMES A A MARIE A ALT 6165 BAYSIDE RD 0R0T40 m 55359 38 06-117-23 61 0015 00038 ADDRESS UNASSIGNED JOHN R GEHARDSON JOHN R GERHARDSON 351 LAKEVIEW AVE LOm LAKE m 55356 38 06-117-23 61 0018 00693 PARK AVE DONALD L A CATHERINE A MEYER DOfMLD L A CATHERINE A MEYER 685 PARK AVE LOf^G LAKE m 55356 38 06-117-23 61 0021 00680 LINDEN AVE JOHN D ALBERS JOHN DAY ALBERS PO BOX 668 PARK RAPIDS m 56670 38 06-117-23 61 0025 00038 ADDRESS UNASSIGNED CHARLES W A Am W HOMMEYER CHARLES W A Am W HOMMEYER 6125 OAK ST LONG LAKE m 55356 38 06-117-23 61 0C28 00036 ADDRESS UNASSIGNED CHARLES W A Am W HOMMEYER CHARLES W A Am W HOMMEYER 6125 OAK ST LONG LAKE MN 55356 ■i*. ■ 'S-r:.' •K : V’* ? • ■'Vv'r. ::n t ■ytriJ-' - ‘ .iw V.••v -f •• L li ^ I : ‘i • Li' ) r *i t ’ j ■ L I 1 •* i, ' •.•••; !;> *»?.)- . ;.'ia-n’iv v -m.-. * • r»: ^ rkC*'* •• ■ V 1 ^ * Init 000tfyj APROP AOOR(jp\ OHNER NAME U7-23 A1 0029 00036 ADDRESS UNASSXGNEO BOHEN ft B L BOHENhIiJ taxpayer "^JEFFREY BOHEN ft BRENDA BOHEN NAHE/AODR 4127/OAK ST ------ LAKE MNI -iJI i n’> • J '! *. I * ' •' V. '■ <* /■ > • . —A « 55S56 Q:r-‘ » k 9 PROP ADOR ‘ OttCR NAME . : TAXPAYER .V ,NAffi/AOOR • • t, * • . • 56 06-117-25 A1 0052 00056 ADDRESS UNASSIGNED K 6 ROUAND A K S RODEN KENNETH A KAREN HOLLAND 4119 OAK ST LONG LAKE MN 55356 PROP AODR OHNER NAME TAXPAYER . NAME/ADDR : 38 06-117-23 61 0060 : 00525 PARK LA .■ • • • } * « PROP AODR OHNER NAME* TAXPAYER NAHE/AOOR i'-! 6 ! PROP AODR OHNER NAME TAXPAYER NAME/ADDR PROP AODR OHNER NAME TAXPAYER NAHE/AOOR 0 C BEUCLER ft S R BEUCLER ORIS BEUCLERi^SANORA BEUCLER 525 PARK LA LONG LAKE MN 55356 38 06-117-23 61 0088 00625 TOr^lKAWA RD B KNIGHT ft J RIESNER KNIGHT B KNIGHT ft J RIESNER KNIGHT 625 TONKAHA RO LONG LAKE MN 55356 38 06-117-23 61 0096 06111 OAK ST • D ft D SIEGEL DAVID H SIEGEL 6111 OAK ST .LONG LAKE MT4 55356 »• L • ‘ k 38 06-117-23 61 0099 :00550 PARK LA E ft E BOSMA ED BOSMA 550 PARK LA LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 06-117-23 61 003000038 ADDRESS UNASSIGNED C M HOMMEYER ft A H HOMMEYER CHARLES ft ANN HOMMEYER 6125 OAK ST LONG LAKE MN 55356 38 06-117-23 61 0035 06125 OAK ST CHARLES H HOMMEYER ET AL CHARLES H HOMMEYER 6125 OAK ST LONG LAKE MN 55356 38 06-117-23 61 0061 00038 ADDRESS UNASSXGNED ED BOSMA ED BOSMA 550 PARK LA LONG LAKE MN 55356 38 06-117-23 61 0090 00680 PARK AVE TODD E ft TERI L HOOD TODD E HOOD 680 PARK AVE LONG LAKE MN 55356 38 06-117-23 61 0095 06105 OAK ST M J ALBERS ft M R GILOOH M J ALBERS ft M R GILOOH 6105 OAK ST LOr^G LAKE MN 55356 38 06-117-23 61 0100 00658 LINDEN AVE , M 0 DIETRICK-BLOCKER ET AL M D DIETRICK-BLOCKER 658 LINDEN AVE LONG LAKE MN 55356 I • rl • ••REPORT NO. PAGE PI635601 1638 06-117-23 61 003100038 ADDRESS UNASSIGNED C ft A HOMMEYER CHARLL.> ft ANN HOMMEYER 6125 OAK ST LONG LAKE MN 55356 38 06-117-23 61 0036 06119 OAK ST K B ROLLAND ft K S RODEN KENNETH ft KAREN ROLLAND 6119 OAK ST LONG LAKE MN 55356 38 06-117-23 61 0066 00038 ADDRESS UNASSIGNED MICHAEL F SMITH MICHAEL F SMITH 11905 MARKET AVE COLOGNE m 5322 38 06-117-23 61 0093 00507 PARK LA ERHIN 0 SMITH ET AL E D ft M 0 SMITH 507 PARK LANE LONG LAKE MN 55356 38 06-117-23 61 0097 00699 TONKAHA RO M S ft R OOMBECK MICHAEL S ft ROHANNE DOMBECK 699 TONKAHA RO LONG LAKE MN 55356 38 06-117-23 61 0101 06127 OAK ST J A BOHEN ft B L BOHEN JEFFREY ft BRENDA BOHEN 6127 OAK ST LONG LAKE MN 55356 , - A'• 9 *. %•'ji '..■'•A' •» w •••4 f . »; ' ,i *{• ••.ry• %: V.• • 'f > • 4 1 u ‘1 • > • V - V •'.V'.v. * A ^ t' 'i . . • ‘ ‘ l/’ _*4^ 1 \ ? f ‘yj-ci; . .. . ; . . (.•.A-;« . ..i* . • ; t '‘. '' . tV ' •.! ‘V ' ^ V’ ;• s i • •• • . . . . .. ■t RUN DATE • 0 V04/9Sf .BATCH 50AI. ■'."i-'.•j i <.,. v/'v Ct'. V-‘ ' •'*■* .V-li. • • 58 06-117-25 41 0102^^•}lM»R0P AOORJ' 00557 PARK U Vu-CMCR NAHE , 0 A K OLSONDdUCLAS A KAREN OLSON 557 PARK LA LONG LAKE MN 55556»i . t'- TAXPAYERNANE/AOOR> • S *..»?!«>»s.t: v'*.-Oit; | " PROP ADOR ONNER NAME TAXPAYER : NAME/AOOR V . .’v “ ;,j > PROP ADOR ‘ I:'. ONNER NAME ’ V ; TAXPAYER 'NAME/AOOR, . I. '•*. * . *. • : ? • S8 06-117-25 61 0105 00058 ADDRESS UNASSIGNED AIT DEVELOPMENT L L C A I T DEVELOPMENT L L C 19655 MUIRFIELD CIR SHOREHOOD MN 55351 -•k?; ! ' '* • HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OltlERS LIST58 06-117-25 61 010506085 OAK STTIB ARGABRIGHTTIMOTHY I BARBARA ARGABRIGHT6085 OAK STLONG LAKE MN 55556 58 06-117-23 62 0006 00058 ADDRESS UNASSIGNED ALLAN I SHIRLEY REZABEK ALLAN I SHIRLEY REZABEK 6185 BAYSIDE RD MAPLE PLAIN MN 55359 TOTAL BATtir 506 00062 , •v. >- ■ -k !-• ♦?' >**• j. ' t’O ... * ! * V *v / ( \ . . . • > ' • • /. \* •' * • . * - • REPORT NO. PI635601 PAGE 15 . . •»^ K*w >* i .. ^ t. * '• .. V38 06-117-23 41 010404081 OAK STNIKLAS S DAMN HAMMARBER6NIKLAS « DAMN HAHHARDER64081 OAK STLONG LAKE MN 55356 38 06-117-23 42 0007 00038 ADDRESS UNASSIGNED VICTORIA ESTATES HOMEONNERS VICTORIA ESTATES HOMEONNERS C/0 THOMAS MAZER 560 NORTH ARM DR MOUND m ■ 55364 i : .i.l IJ.a:;!. • •“>:. ’ I. 8 > *• • L’'C Kr‘ * « ’ t ^ • * • . . . . • { aA. ai • < .1 r«I *. » /) I n • ; ‘ V • ■ M y* » . • f ’ € .• - » { :* . * .. I •• • 4 . i: .^n^ ’ S j ■• * • * . ■ M • f * *• . • .6*. ‘ . i . i ' - i i - t . . 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 KNOHLEDGE AND BELIEF. AKintNT Ur HRUHtKTT lAAAIlUn# lU I Ht Bt:>l M ^ jVh ^ p.ntilm6,v . -i* » * ^ \ v:\‘J i*,*.' ‘t ; •! »» j.- .V Mr •* 1/1 Bonestroo Rosene Anderlik & Associates Engineers & Architects January S, 1996 Ms. Jeanne A. Mabustb Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re; Hommeyer Subdivision FUc No. 139-2077 Dear Jeanne, aonMtroo. loMfW. Andcrflk and Auodates. Inc U an Arnmtjtive ActiorvT««i Opportunity Employer Otto a Bonestroo, P£. Robert W Rotene. PC.* Joseph C Anderlik. P£. Mervm L SorvaU. F£. Richard E. Turner. PC. Glenn R. Cook. F£. Thomas L Noyes. P E. Robert a Schunichl. P £- Susan M. Eberiin. CP.A.* * Senior Consultant Howard A. Sanf ordL PX Keith A. Gordon.. PX Robert R. Pfeffene. PX Richard W Foster. P E. Oavid O. Loskota. PX Robert C. Russek. A.LA Jerry A Bourdoa P E. Mark A Hansoa P E. Michael T. Rautmana PX Ted K. Field. P.X Thomas R. Andenoa A.I.A James R. RosenmerktI. PX Donald C Burgardt. PX Thomas A Syfko. PX Frederic J. Stenborg. PX Ismael Martinet. PE. Michael P Rau. PX Thomas W. Petersoa PX Michael C Lynch. PX James X Maiand. PX Jerry O. Perttsch. PX Scott J. Argar>ek. P X Kenneth P. Andersoa PX Mark R. Rolfs. PX Mark A. Seip. PX Gary W. Morlen. PX Paul J. Garmoa A1.A Daniel J. Edgerton. A Rick Schmidt. PX Dale A. Grove. P.X Philip J Caswell. PX Mark D. Wallis. PX Miles B. Jensea PX L Phillip Gravel. P E. Karen L Wiemerl. P X Gary D. Kristofitx. PX Brtan K. Gage. PX P. Todd Foster. PX Keith R. Yapp. PX Douglas J. Ber>oit. P X Shawn D. Gustafsoa PX Cecillo Olivier. PX Kent J. Wagner. PX. Paul G Heuer. P.X John P. Gorder. P.X Dan D. Boyum. P.X Jeffrey J. Ehleringer. PX. Joseph R. Rhein. P.X Lee M. Mann. PX Charles A Erickson Leo M. Paweisky Harlan M. Olson Agnes M Ring James F Engelhardt ■JAN 8 1996 Wc have reviewed the revised subdivision and right-of-way (ROW) vacation in Blocks 3,4, and 5, Minnetonka Summit Park on the properties owned by Charles W. Hommeyer, Jeffrey A. Bowen and Kenneth B. RoUand. The proposed subdivision will result in the combination of 11 existing parcels (originally 15 lots) to create 3 larger parcels ranging from approximately 1 to 1.5 acres in size, all within the MUSA boundary. The proposed vacation is for the ROW of Park Lane and a portion of Oak Street west of Linden Avenue, both existing gravel roads; and Clyde Place, a non-existing roadway. We have the following comments in regards to engineering matters. The proposal to vacate the ROW may be appropriate if the following easements are either retained by or granted to the City. Specifically, the vacation and subdivision should accomplish the following: 1. The subdivision must be done by plat to adequately describe the easements. 2 Utility easements must be shown on the plat 20-fcet wide centered on the sanitary sewer line. 3. Drainage and utility easements should be shown 5-feet wide on all lot lines and 10-feet wide along the existing and proposed right-of-way. 4. Drainage easements must be shown on the plat centered on the drainageway running south down Clyde Place to Oak Street. 5. Utility easements must be shown on the plat for all electric, gas, telephone and cable television lines that cross one or more lots to serve an adjacent lot. It is apparent that meeting these criteria will in effect duplicate the ROW that is proposed for vacation. Wc would not recommend approval unless all of these criteria arc met. ITie easements arc needed to protect the access, drainage and utility service rights of adjacent properties, that can only be provided across the subject parcels. Please contact me at this office if you have any questions regarding this matter. Yours very truly, nONLSTROO, ROSENE, ANDl-Rl.lK & ASSOCIATES, INC, Shawn D. (justafson. P.E._____f 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612*636*4600 i9seREQUEST FOR COUNCIL ACTION ^ DATE: February 5, 1996 ^ ITEM NO. // Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoninsz Item Description: #2102 Howard and Lili McMillan, 1275 Lyman Avenue - Conditional Use PermitA^ariance - Resolution Zoning District:RR-IB (Property is not located within a Shoreland Overlay District). Lot area = Approximately 2 acres Application: Applicants seek approval of a conditional use permit and variance that would allow the excavation of a .12 acre pond within a designated wetland. Spoils from the excavation will be used to till a more graduated bank in place of the existing 1:1 bank that requires a retaining wall for stabilization. The tilling will be conducted within 26’ of the designated wetland. Brief Review of Application In the 197^ Orono Orchard Hiahland plat (Exhibit L), the final plat retlected the presence of a wetland in the southeast cornier. The w-etland was not described in angles and bearings on the final plat nor did the Citv obtain a flowage and conser\ation easement over the area. Recent wetland delineations revealed the exact location of the Type 3 wetland and a Type 1 wetland just 2-3’ to the west of the Type 3 wetland. Refer to Exhibit G, applicant’s surveyor has located the designated wetland (Type 3) on the sur\ey. The wetland is conticuous with the 30+ acre wetland and drainage system to the east and south of the subject property. Tlie wetland area to be altered is in a transitional area ot the wetland Purple I oosestrife is a dominant species within major portions of the wetland along with Reed Canary Grass along the outer margins of the wetland. Purple Loosestrile and Reed Canary Grass are invasive aquatic weeds that choke out the desirable native vegetation tissociated with a healthv, tliriving wetland. Applicants have provided photographs of the entire wetland area •md the'reviewing staff have completed an inspection of the property before the snowtall. I s hoped with the" excavation along the e.xterior of the wetland and the replanting with special wetland seed mixture that the Purple Loosestrife and Reed Canaiy Grass will be eliminated Note the Corps permit (Exhibit W) suggests the difiiculty of eliminating Purple Loosestnfe and recommends that either voung seedlings be removed from disturbed earth or applicants may have to resort to an approved weed killer. It is the desire of the applicants to rid the portion of wetland under their control completely of the invasive weed. Request for Council Action continued Page 2 February 5, 1996 Zoning File ;!'2102 Howard and Lili McMillan. 1275 Lyman Avenue Tlie proposed pond provides an irregular shoreline with graduated slopes at an approximate 8.1 bank. The graduated banks allow for the restoration of plant life and enhances habitat for the raising of waterfowl. The restored banks will also be planted with special seed mixture. The spoils from the excavation will be stored in the upper elevations with appropriate erosion control to prevent any seepage back into the wetland in the spring. Once the bank has been restored to approved elevations shown on final grading plan. Exhibit G, the entire area will be immediately seeded and erosion control maintained until the entire disturbed area has been restored. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as shown on final grading plan prepared by Mark S. Gronberg (Exhibit G) and final construction plan prepared by D. Nadeau (E.xhibit H-2). The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. For greater detail on the review on the review of this application, please reter to the enclosed stalT memo of January 10, 1996 and the minutes of the January Planning Commission meeting enclosed in your packets. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution, Isv I n: A resolution GRANT|J''^,_ the "property"); and WHEREAS, the applicants have applied ^ea o "pond «ithin a protected permit and variance to permit the excavation - ‘ P j,,, „ated weiland where the b^afere^;!-- .ow, THEREFORE. BE IT RESOLVED h. the Cit, Council of Oroiio. findings This application was reviewed as Zoning File #2102. A • I I?R IR Sinale Familv Rural Residential Zoning TheOronoPlanningCommissionreview^^ i;;oprrblfedTthrfoU^ unique findings or hardships: iuitable for development of Minnesota: a.All land alterations are proposed within areas un a sewage disposal system. Page 1 ol5 4. b. c. e. f. g- The land alteration within the 30+ acre wetland system will involve an area of .12 acres. Vegetation within the 30+ acre wetland consists predominantly of Purple Loosestrife and Reed Canary Grass, invasive aquatic weeds that choke out desirable native vegetation associated with a healthy, thriving wetland. The area of the wetland to be altered is in a transitional area consisting of 40% Purple Loosestrife, 40% lake sedge and 20% cattail. John Anderson, applicants’ wetland consultant, confirms the area will be replanted with prairie restoration mi.x of native grasses that will reduce the abiliw of Reed Canarv Grass and Purple Loosestrife to once again colonize this area of the wetland. Ben Wopat of the Army Corps of Engineers advises in his letter of Januaiy 26, 1996 that the proposed land alteration will be authorized under the Department of the Army’s nationwide permit. Wopat continues to advise the following to applicants ... "Hand removal of young Loosestrife plants betore they tio to seed may be the most effective method to control this species, although spot spraying of approved w-etland herbicides may be necessar>' if hand removal is not sulticient. 270 cubic yards of excavated material will be used to establish more graduated and natural slopes in an tirea where a retaining wall has collapsed allow ing erosion of bank adjacent to wetland. h. The excavation of the pond will improve wildlife habitat and result in the removal of the Purple Loosestrife and other invasive weeds. 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 tire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship Paiie 2 of 5 % or difficulty; is necessary' to preserv’c 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. 5. The City Council finds that granting a conditional use permit to allow the excavation of a wildlife pond and fiHing adjacent to the designated wetland will not be detrimental to the health, safety or general welfare of the public, w ould not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor w ill 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55. Subdivision 8 and a conditional use permit per Section 10.03, Subdivisions 19 and 20 that would allow the excavation ot 270 cubic yards of spoils from a desiunated wetland to create a wildlife pond and the placing of e.xcavated materials on the property, portions of which will be located within 26' of the designated wetland, subject to the following conditions; 1..Applicants shall grant a Conservation and Flowage Easement over the designated wetland located within the southeast corner of the property. All erosion control as shown on grading plans by Mark S. Grcnberg dated October 18. 1995, most revised date February 1, 1996 shall be installed prior to any land alteration or disturbance of existing groundcover within the designated wetland or within 26 ’ of the wetland. Erosion control may be varied at any time during these alterations at either the request of the City Engineer or the Orono Building Staff All spi)ils excavated from the wetlands shall be stored in an upland area and secured with appropriate erosion control until the spring when spoils are in a condition suitable for contouring of bank. Final grading shall be completed in late April or earlv May of 1996. Seeding with a suitable wetland mixture shall be completed no later than June 15, 1996. Pace 3 of 5 4. 5. 6. 7. ATTEST: It shall be the responsibility of the applicants to contact the Orono staff prior to the commencement of the land alterations to determine if erosion control has been properly installed and whether the erosion control will be sufficient. Authorities granted b this resolution run with the propert>' not with the owners, but are permissive only and must be exercised by application for a land alteration permit by February 1996 in order to meet approved deadlines established by applicants and approved by the City. 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. Adopted by the Orono City Council on this 12th day of February, 1996. Dorothv M. Mallin, City Clerk Edward J. Callahan. Jr., Mayor Property Owner(s) Page 4 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 1996 by Edward J. Callahan, Jr. 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. Notarv' Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this___day of____,199 , before me a Notaiy 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 cknowledged that he (they) executed the same as his (their) free act and deed. Notarv Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day ot___,199 , before me a Notar>- Public within and for said Countv. personally appeared —------------------------------------^--------------------- known to me to be the person(s) described in and who executed the toregoing instrument, and acknow ledged that he (they) e.xecuted the same as his (their) free act and deed. Notaiy Public Page 5 of 5 To: From: Date: Subject: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator January 10, 1996 #2102 Howard and Lili McMillan, 1275 Lyman Avenue - Conditional Use PermitA^ariance - Public Hearing Zoning District: RR-IB (Property is not located within a Shoreland Overlay District.) Lot area = Approximately 2 acres Application: Applicants seek approval of a conditional use permit and variance that would allow the excavation of .12 acre ot open water area within a designated wetland (T% pe 3). Spoils from the excavation will be used to create a graduated bank in place of the 1:1 bank that requires a retaining wall for stabilization. The Code does not allow land alterations within a designated wetland nor within 26' ot the wetland. Pertinent Ordinances 1. 3 Section i0.03. Subdivision 19 and 20 - Conditional use permit has been required as proposed land alterations cannot be authorized under a stall-issued land alteration permit. Section 10.55, Subdivision 8 - Pre’ =tion. The Code does not allow land alterations within designated wetlands nor within of a designated wetland. Applicant proposes the excavation of a . 12 acre open wate. .rea within a designated wetland of the Cit>' of Orono. Spoils are to be . the filling of an adjacent bank. The tilling activities will be located w'ithin the 26’ ‘back. Requi = 26' Proposed = 2±! from Type 3 wetland Section 10.56, Subdivision 16 J, 5 (A-K) - Criteria to be used in eonditional use permits or variances dealinu with grading and filling permits within a designated wetland. List of Exhibits A - Application B - Applicant's Addendum C - Review of Project D - John C. Anderson Letter 1/3/96 L - Plat Map F - Property Oxvners' List G - Gronherg Survey 10/18/95, Revised 2/1/96 H-1- Construction Plan H-2- Construction Plan - Revised 1/8/96 l-I - J. Anderson Wetland De! leation Report Zoning File #2102 Januar>' 10,1996 Page 2 1-2 - Map 1-3 - Wetland Determination Information J - Topographic Map 2' Contours K - Designated Wetland Map L - Orono Orchard Highlands Plat M - Silt Fence Specs N - Seeding Information 0 - Excerpt "Principles of Landscaping for Wildlife" P - DNR/Wetland Map Q - National Wetland Inventor)’ Map R - U.S. Soils Map/Soils Legend S - Septic Map T - DNR-Model for Good Basin Design U - Gustafson Report V - C. Paul Pesck Letter of 1/16/96 W - 1Z26/96 Letter of Corps of Engineers X - Profile of Proposed Land Alteration Description of Request Tlie Orono Orchards Highland plat was approved by the City in December ol 1975. Review Exhibits J, K and L, final plat shows a slight cncroaclimcnt of a designated wetland at the southeast comer of the property. Staff has no record of a flowage and conser\ ation easement being taken over the designated wetland. In reviewing the topographic map and wetlands map. it would appear that the original wetland was designated at the 958 elevation. Refer to Exhibit G, the new wetlands delineation information notes the existence of a Type 3 wetland to the west ot the original 9^8 elevation. In the 1975 plat, the wetland was not defined in angles ;md bearings. Statf would suggest that the new wetland be redefined along the edge of the Type 3 wetland. Refer to Exhibits 1-1, 2 and 3 for the location of the newly defined Type 1 and 3 wetland areas. To be consistent with the City s policy, the Type 1 wetland may be protected with a pri\ ate covenant. The City would ask for a conservation and tlowage easement over the redefined designated wetland (area at or below 958 elevation and Type 3 wetland to west of 958 elevation). fhe wetland is contiguous with a 30 acre wetland system to the east and south. Applicant has provided photos of the wetland area confimiing the predominant growth of Purple Loosestrife in the main areas of the wetland. The wetland area to be altered is in a transitional area. Refer to present situation in Exhibit C. vegetation consists of 40Vo Purple Loosestrife. 40% lake sedge and 20% cattail. Refer to Exhibit D. in Jolin Anderson's comments he notes "Purple Loosestrife is a dominant species in the interior of the wetland. Reed Canar)' Grass is common along the margins of the wetland." Purple Loosestrife is an invasive aquatic weed that chokes out desirable native vegetation. It would be the same for the Canary Reed Grass that destroys the natural and native vegetation associated with a healthy, thriving wetland. on. ion Zoning File #2102 January 10,1996 Page 3 Applicants propose the dredpng be at approximately fflling of the bank adjacent to the wetland. P ^ . f ,|,e 3,^3 taken before the 12-13%. Review Exhibits B and C. applicant has also p o^deo^^^^ snows. Staff met with the applicants on s''® ujgy„ Applicant is concerned with the sharp wall has completely failed and erosion of the ban j.^oncemed with the issue of safety. The 8' drop from gentle-sloped grused yM Applicants note, "It would be difScult excavited material will be used in Ihe fi ling ^ ,„eful storage to bring fill to this area and ^5'.'°"'*““"? '1,^ fining and grading.” This will minimize any the fall season. The upland area • .wetland wea was very ’ obvious, and there were moved further south. Purple Loosestn e i wetland Applicants' consultant confirms, signs of limited cattail growth wnthm reduce the Lility of Reed Canary Grass Exhibit D, Frame Restoration s mix of g 3 ^rga closest to wetland), and Purple Loosestrife to colonize this ^e non-point source LtffCmrering'nirhe we«:::d. li will also increase ihe biological diversity and value of this non-wetland area nsvis. Exhibi. p. E. ^ in the process of reviewing the proposal. Construction Plan auview Exlubiis H and U Note — ^fi':r:sifirr&"o“;S of wetland to be beneficial an a p p |g Loosestrife. He notes the Corps of Engineers has will help reduce the Reed Canao' ^vildlife ponds The plan is currently proposed with I .^1 a general permit #18 for the extava would never be approved under this permit. I e slope and at a maximum depth of 8 J^e P°"d wo^^^ show more recommends that the City not approv exceed 3 ^-4.5 '. He has included a section of graduated slopes^ specifically 8T,^an^^a^ p^ additional Stioi iftltmd under the guidelines of the permitting for wildlife ponds. Siafrasks iba. you review Seexion -56^ guidelines of the Corps olEnginee^^^^^ ,pp„eation and t";ldeletettabf,sbe for conducting the land alteration. Zoning File #2102 January 10, 1996 Page 4 Additional Information Needed to Complete Review 1. Method to be used to excavate spoils. 2. How shall spoil material be stored during the winter months until the spring? Spoils cannot be allowed to thaw and drain back into designated wetland area. 3 Review construction schedule set forth by applicant, Exhibit C. Do members feel construction schedule is realistic/feasible'’ 4. Note sub-section G (Section 10.56, Subd. 16) "plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer to insure continued slope stability and must not create finished slopes of 30% or greater". Gustafson has been asked to review the filling phase of the permit and to approve slope of bank. Staff will have his written • comments at your meeting. An 8 rise in 65' to 70' appears to meet the slope limits. Issues for Consideration 1. What is unique or difierent about the alteration of tliis 30+ acre wetland? 3. Will the environmental benefits outweigh the negatives? Consider the intent of the applicants. Have applicants convinced you of the merits of the application? 4. Has the information submitted with application supported representations of applicants? Options of Action To deny, approve or approve as amended. Any condition of approval must include the following: 1. Prior to scheduling the application before the Council, applicant's surveyor to provide an amended survey designating the following; a. c. Open water area or pond per amended construction plan by D. Nadeau. Proposed contour for restored banks. Locate Type 3 wetlands to west of 958 contour. Develop metes and bounds description for designed wetland. rZoning File #2102 January 10, 1996 Page 5 2. 5. 3.5-4.5 ’. Erosion control to bt in place once excavation of wetland commences^ Applicant to grant a conservation easement over all areas below 958 elevation and to^Llude newly tested areas defined now as Type 3 wetland. Approval of constmction schedule as set forth by wSand and upland areas with Prairie Restoration m.x of native grasse nioS'Jr -f?'" -k CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Z.VNAM A l'cNU c_________ Type of Application to be Filed CuP u) ify\ c V. Property Identification Number (P.I.D.) - 111 ~ -------------- Phone (home) OWNER (if different than applicant) Name_______________________ Phone (home) Phone (work) Address Cit>’Zip HntpProperty Acquired ^ I ^ I (do) (H^no^also own the adjacent parcels of land. FEES - CONDITION.AL USE PERMITS - ,/ S 50.00 For each variance request with CUP application 5125.00 Residential Accessory Use 5200.00 Institutional (church, school, etc.) $175.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use "“7 $200.00 Land Alteration . ’ Grading and filling - designated wetland or floodplam Gradinc and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore "PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) --------After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS , r $200.00 Commercial Site Plan Review (+ consultant fees) ^ $250.00 Vacation $175.00 Easement Vacation --------$ 75.00 Easement Vacation With Subdivision — ^ $300.00 Rezoning (PUD - refer to fee schedule) $300.00 Comprehensive Plan Amendment ” $100.00 Appeals ” Other - see Fee Schedule PRESENl USE OF PROPERTY Present Zoning District KK ~ Id Present of Property ___Residential Other (specify) (month/year) 7. 8. 9. required submittals 1 ____Comp ’eted Application Form. 4. _ « -■»»> ■ _ SIS Wi;- ” ««6 Topographic survey (existing and proposed contours; changes in elevation (grades). oersons with an interest in the —“ r- ™.™®. —S". li. vou wish notified of this application. YOU ARE required TO SUPPLY M , ,a.,,o. submitted.)-s: srss. cm..,!.. W C,.*.l AP.M. > .CTl«___________ Initials of Clerical Staff:---------------------------------------- APPLICANT’S SIGNATU^ information required or requested by the Zoning The applicant hereby agree . ■ x- . (staff time not covered by original fee payment) Administrator of this application, and cemfios that the information Applicant ’s signature Date /^ / “r r,.r,ss,ss."• ^ ___________Date _ / y'c-f/9i''_--------- Owner’s signature ------------—--------- . .h,. ritv offices 25 days before the Planning Commission Meeting. Pl“nj^ AppUennt must have all aabmnah ®a the V AppUcania must be present ru t^l Commission Meetings are held on the thir jj ^ applicant is unable to attend a scheduled meeting. S^meeimgs of the yom place and advise the BuUdmg & Zoning Office please moke arrangements to nave of this chance poor to the meetm:,. 4^ O- tr fC> \ ~iM • i < • I 4 iW 1275 Lyman Avenue Wayzata, Minnesota 55391 December 20, 1995 Dear Members of the Planning Commission: Our CUP application is pan of an overall landscape plan for the backyard ponion of our property necessitated b>' the collapse of a broad retaining wall. This plan is designed to ameliorate the* natural value of the area bordering the wetland with minimal impact upon the property overall. It is our resolve to landscape for the benefit of wildlife and to restore native vegetation. The process of developing this plan has involved the additional on-site input and suggestions from the following professionals: John Anderson, wetlands consultant; Shawn Gustafson, engineer; Mike Hiltner, prairie restoration, and Dave Thill, Hennepin Soil & Water Conserv ation District. Ihe included photographs are meant t(^ be an aid for non-winter visualization of the project area. We encourage you to visit the site; please call 476-8626 with any questions you may have. Trui vours, Howard McMillan Lili McMillan PROJECT REQUEST J PRESENT SITUATION: During an rainsto^^^ consTrocieTi"'°982.'' 120' timber retaining wall collapsed. '' . ^ ,q eight feet on the sharply increases in height from , j ^5 type 1 & 3 wetland (see we« end. Further south from the '■ 40% purple attached wetland data). T>^ 3 ^1 .j '(ve,iand on this property is part of loosestrife, 40% lake sedge and 20% cattail, v^euoi a 30 acre wetland complex. description of PROJECT: trough landscape and land restoration also to enhance the natural not only to solve the ’''“'"'X entmTs o^™ P""** value of the property. P'^,, ,-reate a more natural slope from the current wetland and using the fill mixture of native grasses, wildflowershouse. The slope would be seeded with a mixtur^^^ ^ C!n 1h™ to"uK^^ the present haaard of the sudden 8' drop-off that now exists in the backyard. Sra?anSofher'n"^ indigenous, noxious purple loosestrife. r-rsMCTRiimnN SCHFnin.F and details: Escavation and rough grading “h^e'JoSm fehraary over ^^^round^ra facilitate « h.a^^^^ equipment Final j nSxiurc will contain little bluestem. Cimada done late May or early Jun . orass Wildflower mix to include red ““.■J ^>^"tmmon oTeve"- POPP'*- “hcnowcr. wTbe in place lot erosion control alter excavatton. • 0 , . / • uninJohn C. Rnderson 5831 Cedar Lake Road Minneapolis, MN 55416 Office - (612) 544-1761 FHK -(612) 525-2021 Wednesday, January 3, 1^6 Lili McMillan 1275 Lyman Avenue Wayzata. MN 55391 Dear Lili; I have reviewed your plans for wetland enhancement for your site at 1275 Lyman Avenue in Orono It is my opinion that your efforts will result in improved wildlife habitat The .vetland also will not affect the area of wetland outside of your property. The wetland wildlife habitat will be improved through an increase in open water. A mix of open water and wetland vegetation provides cover and access to food, such as Duckweed, and is optimal waterfowl habitat. The design of the pond also lends to increased habitat dweisity. The edge of the open water is irregularly shaped, as recommended by Department of Natural Resources guidelines. The undulating bottom also provides enhanced habitat for amphibious species. Your plan to eliminate exotic and invasive plant species will increase the habitate value of the entire wetland. Purple Loosestrife is a dominant species in the interior of the wetland. Reed Canary Grass is common along the margins of the wetland. Prairie Restoration's. Inc. is. experienced in eliminating and controlling these species. Purple Loosestrife and Reed Canary Grass have out competed native species and reduced the quality of large portions of the wetland. Prairie Restoration's mix of naiive grasses will reduce the ability of Reed canary Grass to colonize this area of the wetland. In addition, restoration of native grasses in the adjacent upland, as planned, will control any non-point source run-off from entering into the wetland. It will also increase tfia biological diversity and value of this non-wetland area. Finally, the entire wetland is apprximately 30 acres in area. The excavation of .12 acres in a 30 acre v;etland will have virtually no affect upon the hydrology of this area. Mapping Inventories Delineations Permits b.. ? . • — * ‘ - *r . • . -A •%*. .-* •* • .— ■ t ■ . > «» .»»* • . •. • • *. - ~ t •• 4 ' • • **. . • • *• 1 would be pleased to answer Than^^ you for yourpersons may have about the conslusions 1 have ma y Sntinued interest in m wetlands consulting service . Sincerely, John C. Anderson President % * " • • * • •i «:"■ / ■j ' • • SS 02-117-25 12 0001. . V MWP *000 - ; 00200/ NOOOHILl RO^ QMNER NAfC ■. HOOOHXU COUNTRY CLUB j ;> TAXPAYER' . v^«X»HXLL CMTRY CLUB ;M: VilAMByAnnS *! MA I mm !' PROP AOOR '' 000*6 : shitm ave •. OMNER NANE ' VIOLET H GLAIVE TRUSTEE t.:, TAXPAYER ■'•y.'NAME/AOOR VIOLET H 6LAMPE *0 SNXTH AVE NAYZATA m 55391U ;• j l , •’ NAYZATA tfl 553 ■ 'i.'A • v- 't ' J.r.Ji ■ ;• : • SB ‘02-117-23 21 f ' MMMM AMMM . .. . . . . . . . . . . . . . . .. . . . . J PROP AOOR ' 0»tCR NANE TAXPAYER > NAHE/AODR '.a# ' ?• PROP ADDR OlflER NAHE •TAXPAYER ^ ; HAME/AODR • » • ■ PROP AOOR 0»*IER NAME ••TAXPAYER ■ NANE/AODR 000* 01235 LYMAN AVE 'C P PESEK CRH PESER C PAUL t RAE H PESEK 1235 LYMAN AVE S . IUY»TA HN 55391 • ■' ■ .30 02-117-23 21 0019 •00145 SMITH AVE JULIANA MARY CARLSON BETH Mi CAMPBELL 145 SMITH AVE NAYZATA MN 55391 30 02-117-23 21 0020 00140 SMITH AVE THOMAS C HUNT THOMAS C HUNT 140 SMITH AVE NAYZATA HN 55391 .y»• • \ f % X A*30 35-110-23 34 0003 PROP AOOR 00030 ADDRESS UTtASSIGNED OHNER NAME 0 MARC HHITEHEAO ETAL TAXPAYER G MARC MHTTEHEAD ; NAME/ADDR 1220 I’•'>•. i »VE NAYZATA W !5391 • I HEMCPIN COIMTY PROPERTY INFORMAHON SYSTEM PROPERTY OWERS LIST30 02-117-23 21 0001 01290 LYMAN AVE MARGARET S FOX MARGARET S FOX 1290 LYMAN AVE NAYZATA MN 55391 • 30 02-117-23 21 0004 00000 SMITH AVE F 0 VOIGT ETAL GLADYS VOIGT 00 SMITH AVE NAYZATA MN 55391 30 02-117-23 21 0017 00125 SMITH AVE 0 ; A P J HORNER CRAOLEY J « PAMEU J HORNER 1Z5 SMITH AVE NAYZATA MN 55391 30 02-117-23 21 0026 00110 SMITH AVE J A FISK A J K FISK JAMES A « JENNIFER K FISK 110 SMITH AVE • NAYZATA MN 55391 30 02-117-23 21 0029 00160 SMITH AVE M N A M K NICOLL MATTMEN N A MARY K NICOLL 160 SMITH AVE NAYZATA MN 55391 30 35-110-23 34 0004 01220 LYMAN AVE G MARC NHITEHEAD ETAL G MARC NHITEHEAD 1220 LYMAN AVE NAYZATA MN 55391 REPORT NO. PI435401 PAGE 1330 02-117-23 21 0002 00040 SMITH AVE P Y A A H ALHORTH PETER Y ALNORTH AMY H ALHORTH 40 SMITH AVE NAYZATA m 55391 30 02-117-23 21 0005 01235 LYMAN AVE C P PESEK A R H PESEK C PAUL A RAE H PESEK 1235 LYMAN AVE S NAYZATA MN 55391 30 02-117-23 21 0010 00030 ADDRESS UNASSIGNED- JULIANA M CARLSON BETH ANN CAMPBELL 145 SMITH AVE NAYZATA MN 55391 30 02-117-23 21 0027 01275 LYMAN AVE H I A E T MCMILLAN HONARO A ELIZABETH MCMILLAN 1275 LYMAN AVE NAYZATA MN 55391 30 02-117-23 21 0030 00030 ADDRESS UNASSIGNEO MICHAEL D NOOD MICHAEL D NOOD 1230 NOOOHILL AVE NAYZATA MN 55391 TOTAL BATCH 504 00017 • > r.- ' . . i .• • • *u . • . ‘ * J j- t, • ^ * ui '■ ^ -V •* *■'*’i ■ *2 * *' 'i f.' I.' i|* «» * ■ • I^ •* • ■4 • • •- *• t I i . iU V.- .. .S'f 1: ’• MJ . 4 .Y v;*' • %i'; A D3 ^ • I • ^ • •-.*>. .*• ?A V. ; • ' v '' i f" • J . ■ ♦ ■ <v*. • • ,'.* f if J *<4 • .iV •. • * • • * ,V'*Vr 4 - . . ■ •• ''V r - •i • • > * 1 i * . • 'v-V (2 70! (u. rrr i LEGAL DESCRIPTION OF PREMISES: Lot 2.,Block ORONO ORCHARDS HIGHLANDS I . • ; • -k 0 : Iron marker , □ We11 ancl s st ake Topographic information from Orono City Bearings shown are based upon an assumed datum £nir^>*f CCA^cur F m-I Construction Plan 1275 Lyman Ave. Crono JLi Jj #•; • -I J: , •* f fs: 2/15/5>5 Construction Plan 1275 Lyman Ave. Crono Revised l/5/5>(5 l I LI 'i 4 i i 1 JLl •) f 4 -.y .* vv -• WETLANDS DELINEATION DOCUMENTATION FOR LIU MCMILLAN, PROJECT IN ORONO. MN John Anderson, WETLANDS DATA, Minneapofe of wetlands boundaries on the subject properly on Octo^r I ili McMillan This report provides information as to the dominant wetiana characteristics at the site as result of the investigation. Detailed checksite informatio are provided in each delineation report form as this information is redundant be ow. Please review documentation of these findings (referenced in report and site plan). A sketch of the staked wetland boundaries is included in the report. LOCATION 1275 Lyman Avenue Oronon, Minnesota methodology WPtiands were identified and delineated using the Federal Mariual for Identifying and. nJnfiaiinQ Jurisriictional Wetlands (Interagency Task Force ' 19891 and the 1987 Corps of Engineers Wetlands Delineation Many^ (U.S. Ar y Cores of Engineers, 1987) Revisions to the former method have been proposed by the U S Environmental Protection Agency and are currently under '^?qq7 he ^ooSi Of ^ese rev^^sions. the U.S. army Corps of Engineers is applying the 1987 r^^nrnfCands Denne^^^^^ Manual. The wetland and/or deep water habitat were classified according to the methodologies set forth in Wetlands of m<^FWS Circular 39 Shaw and Fredine, 1971) and Classification of WeUands_g_^ Deep weter Habitats of the United States (FWS/OBS Publication 79/31; Cowardin et. al. 1979V CHARACTERISTICS OF WETLANDS INVESTIGATED TOs^TmeThree (PEM1F) wetland checksite. Dominant specie is Purple LMsestrife SbL) L^e Sdge (OBL) and cattails (OBL). Soils are Marsh, a wetland soil. Surface hydrology evidence is met. as site is in wetland drainage pattern. Twetsa* Tvoe One (PEM1A) wetland checksite. Dominant species are Common nlfpArm Climbing Nightshade (FAC), Tearthumb (OBL) and Bitter Dock fpS Soilfari'H^^^ soil.‘ SurfU hydrology is met. Site is in wetland drainage pattern. Transect B ill 1 i i I I I' i i This is an Upland checksite. Dominant are ^Less ^ Climbing Nightshade (FAC), Canada Thistle (FACU) and Common common species are Common Burd^ (UPL). Uro\c^y evidence issjrsa LIMITATIONS OF WETLAND ASSESSMENT My opinions, conclusions and and ^ederarlgencies. obtained and evaluated from current Information is not warranted and is not verification of the authenticity or delineated under winter conditionsss »issrr;» I appreciate this opportunity to present this analysis. Sincerely, John C. Anderson % I 1 I I 1 1 1 I f I I 1 i I I I I DATA FORM WETLAND determination (1989 Interagency Delineation Manual) jject/Site; 1275 Lyman Avenue, Orono jplicantADwner: Uli McMillan ^ itigator: John C. Anderson - WETLANDS DATAr3 normal environmental conditions exist? yes jhe site significantly disturbed? no ■he area a potential problem area? no EGETATION ^minant Plant Species jttyi/inirrriaiacaria ^^Carex lacustris Typha latitolia Intermediate Comprehensive Date: 10/2/95 County: Hennepin State: MN Plar< Community I.D.: Type 3 (PEMIF) Transect I.D.: A Plot I.D. #: I Stratum Indicator 5k Herb OBL 40 Herb OBL 40 Herb OBL 20 I I cent of Species that are OBL.FACW, and/or FAC: 100 amarks: ItDROLOGY ecorded data(describe in remarks) - ■ Stream or Lake Gauge • I Aerial Photographs/slides • Other - PEM/SSlONWl. Marsh-USGS |||ld Observations/measurements: the grourxJ surface inundated? ^he ground saturated? ■marks: ^^Unit Name (Series and phase): Marsh >cnomy (Subgroup): not known ^filR Description: iPth Horizon!Matrix Colorfmoistl Dominant Plant Species 9. 10. 11. 12. 13. 14. 15. 16. Stratum Indicator % Oxidized root zones - living roots - Water marks • Dntt Lines - Water-borne sediment deposits • Water-stained leaves - Surface scoured areas • Welland drainage patterns - x Morphological plant adaptatiortS' Hydric soil characteristics - x Surface water depth: Depth to saturation: Depth to free standing water in pit/soil probe hole: 6 Drainage Class, very poor Confirm Mapped Type?: no -r « T 0XT'jr0, Structure. MnttiP nolorsfmoist) Mottle Abundance/Contrast Concretion.se ,^ot determined as investigator is not certified soils scientist. yririr Soil Indicators cmriir material- Aquic or Preaquic Moisture Regime: r-ganic soils; Histic Epipedon. ujnK oraanic content in Surface Layer in Sandy Soils: by Measurement): Gleyed, Low Chroma, and Urw-Chroma mohled So,Is; LmaSo? SS'Hydhc so,I dominated by hydrophytk: vegotahon. tNDSCAPE position : (See attached diagram showing locafon ot sampling point on landscape.) ["h ^—•etland determination HB/drophytic Vegetation Present? yes f Zetland Hydrology Present? yes L 'vdric Soils Present? yes ■jH^lBmarKs: All thr00 param0ters pr0S0n . Is the sampling point within a wetland? yes DATA FORM WETLAND DETERMINATION (1989 Interagency Delineation Manual) ,>roject/Site: 1275 Lyman Avenue. Orono Applicant/Owner; LBl McMillan fc^fwestigator; John C. Anderson - WETLANDS DATA Do normal environmental conditions exist? yes _ js the site significantly disturbed? no the area a potential problem area? no VEGETATION I^v>minant Plant Soecies WjK~RTamnus catharlica 1 ^^2. Solanum dulcamara 3. Polygonum sagittatum Rumex c^tuselolius 6. 'ercent of Species that are OBL.FACW, and/or FAC: 75 Remarks: iYDROLOGY Recorded datafdescribe in remarks) - Stream or Lake Gauge - Aerial Photographsfelides • Other - PEM/SSIC-NWl. Marsh-USGS Routine x Intermediate Comprehensive Date: 10/2/95 County: Hennepin State: MN Plant Community I D.: Type 1(PEM1A) Transect I.D.: A Plot I.D. #; II Stratum Indicator % Heib FACU 30 Herb FAC 30 Herb OBL 20 Herb FACW 20 Dominant Plant Species 9. 10. 11. 12. 13. 14. 15. 16. Stratum Indicator % Oxidized root zones - living roots - Water marks - Drift Lines - Water-borne sediment deposits - Water-stained leaves - Surface scoured areas • Wetland drainage patterns - x Morphological plant adaptations Hydric soil characteristics - x Held Observations/measurements: is the ground surface inundated? «s the ground saturated? j^marks: SOILS ! Unit Name (Series and phase): Hamel/loam ‘ Taxonomy (Subgroup): Typic Argiaquolls Surface water depth: Depth to saturation: Depth to free standing water in pit/soil probe hole: Drainage Class: poor Confirm Mapped Type?: no Horizon*Matrix Color/moist) 10YR3/1 Mottle Colors(moist) N/A Structure- Mottle Abundance/Contrast Concretiom N/A exture. M^Jfntile Description I Depth 19 • not determined as investigator is not certified soils scientist. Ep,pe.cn: by Measurement): GteyeP. Low Chroma, and Lcw-Chrcma mcbled Sorts: ther (Explain in remarks): “Remarks: loam i i ^NDSCAPE POSITION: (See attached diagram showing location ol sampling point on landscape.) ETLAND determination , yorophytic Vegetation Present? yes Wetland Hydrology Present? yes fiydric Soils Present? yes Remarks: All three parameters present. Is the sampling point within a wetland? yes I DATA FORM WETUVND DETERMINATION (1989 Interagency Delineation Manual) j[»Toject/Site: 1275 Lyman Avenue. Orono Ap^icant/Owner. Ull McMillan Investigator: John C. Anderson - WETLANDS DATA ^)o normal environmental conditions exist? yes Is the site significantly disturbed? no the area a potential problem area? no ^/EGETATION nomlnant Plant Species ■ . Rhamnus cathailica Solanum dulcamara 3. Polygonum sagittalum ^ Rumex obtuselolius [ft. Rubusideus H|. Arctium minus T.Cirsium anrense Stratum Irxjicator %IX 9.Shrub FACU 100 Herb FAC 33 10. Herb OBL 33 11. Herb FACW 33 12. Herb FACU 10 13. herb UPL 1 14. Herb FACU 1 15. 16. I IWUiMIntermediate Comprehensive Date: 10/2/95 County: Hennepin State: MN Plant Community I.D.: Upland Transect I.D.: A Plot I.D. #: 111 Stratum Indicator % K ercent of Species that are OBL.FACW. and/or FAC; 75 emarks: , YDROLOGY Recorded data(describe in remarks) - Stream or Lake Gauge - |H Aerial Photographs/Slides - " Other - PEM>. Mursh-US'o ^Mield Observations/measurements: ^^s the ground surface inundated? 1 s the ground saturated? ■fftemarks: SOiLS ■ Unit Name (Series and phase); Hamel/loam Pftaxonomy (Subgroup); Typic Argiaquolls Oxidized rcx)t zones - living roots • Water marks - Drift Lines - Water-borne sediment deposits - Water-suiined leaves * Surface scoured areas - Wetland drainage patterns - Morphological plant adaptations- Hydric soil characteristics • x Surface water depth; Depth to saturation: Depth to free standing water in p’lt/soil probe hole. Drainage Class: poor Confirm Mapped Type?; no Texture. >rnfiift Description; lepth Horizon^Matrix Color/moist) 10YR3/1 Mottle Colors(moist) N/A Mottle Ablinriance/Contrast N/A Structure. Concretions loam ,t determined as Investigator is not certilied soils scientist. Sulfidic material:Aquic or Preaquic Moisture Regime;Yfiric Soil Indicators irganic soils: Histic Epipedon. urntTora^rc content in Surface Layer in Sandy Soils; b:cing'S“n?(SS b, MeasuUe'nt): Gleyed. Uo» Onroma. ^d Low-Cbroma motUed Soils: iher (Explain in remarks); ■emarks: ANDSGAPE position : (See attaobed diagram showing location ol sampling point on landscape.) H vetland determination ■■ydrophytic Vegetation Present? yes P^i/etland Hydrology Present? no -iydric Soils Present? yes I Remarks: All three parameters present. Is the sampling point within a wetland? no v V/’T:: ;.A- ifei? i -*S yr- Vi>. ?A?? A \ wm^'m^ r5®S-l2:^ ■S'" T-^ w* :•. » >n 7 «. <4 '^ • JWSr2r #» o»- -■» ’« S7 “ \ t • ^ w0wm SS .W ■yj yc^1^ ^>T^^« Pl^ A A. s«'-44- ivf:' V;Vf^.'-* V‘}*'~rki i^T*nv^.5 ». •. ^ -- ►* j;^4J "‘i# Ovo<r»i'* V .-•• \ t t Md irU^?-n 6*V. V?^ ' -^vrC L-iTJ r.-^dlTir? X f . -A *:ci’68' '>€■ t so ir-; -' • / -Vi v-^.s ^ \ -4 •>7 o #r • ^-r ^:- :-i IHfr' f'*"- * • ' “V r “<\ ^\f w "tc''* - r !Jti?=^ i*-idV4(*c‘-1''** •'^r. •«------ ■w *■ ^ ' * «^ - :*.<% 'vi.L'T^ m. •iiT, iS^'Vw'S- V*/” 1 VJ wm . V' w 5^-:^ I ?»4.i«-:fei >W4i.rv>v^-5j^ ;^r- \^jCjkAi rr.^' ■ ■ Vh.i . .IWtf;il ['’ft?*OP-OHO Oflc,/ia-trelS •••...•• aN \ ^^‘^•33 ^r»no )• I m^sfur^a ^ •.! u Jki*V 56 /*'.> <^-^d ^ I-- --H ^ ^" S f/TA'^rfh , ATsy, ij Hi^t'/^ ,>„ J \ / -••• ...• J«5 0 / ; ^\/’* /, -hi \ .»•••. »/J'‘ '“•T ' V-l '••• •»•#• /\l •••• •••« •**1 ..••• •••• i.-1A'.~* \ 1 ' "'"f//JtT'Y^£i£2.:>££iu,-pj ico f*d f>f Lof Orono Orc/itrt^s-, ^P,Pr /^'ta*oa ‘ ty r*** • \ M£- \L land *-• /<*<•. ffl r' « ( • • • • % • I x>«* .if i/fieri ./ .3>^ y ^ 1 - -r*'i:—%..• * ■..* • • •» *-‘r, /.' -T^V'"" • V f v<i'■'*^^ , • * • * ’ 1 • / •. '^S.V :>?.■•:''** /yv <5.3 SILT FENCE DESCRIPTION AND PURPOSE A silt fence is a temporaiy sediment bairicr consisting of a inter fabric which is attached to supporting posts trenched into the ground. SedLment- laden runoff ponds uphill from the silt fence and runoff is filtered as it passes through the fabric. Silt fences are Intended to intercept and detain small amounts of sediment from disturbed areas in order to prevent sediment from leaving the site. Silt fences can also prevent sheet erosion by decreasing the velocity of runoff. EFFECTIVENESS The cfTccdvcntss of silt fences for trapping sediment is mainly a function of the apparent opening size (AOS) of the fabric. The AOS relates opening sizes to those of standard sieves. As the AOS value (and sieve number) gets larger, ihc opening size decreases. The AOS of a filter fabric should be large enough (openings small enough) to effectively trap sediment However, it should also be small enough to maintain an acceptable flow rare. For most soils, a fabric with an AOS of 70 wiU trap more than 90 percent of the sediment in runoff. PLANNING CONSIDERATIONS Silt fences should be used where; (1) the drainage area is less than 2 acres. (2) the maximum uncontrolled slope length above the silt fence is 150 feet and (3) water reaches the silt fence as sheet flow. StU fences usually should not be used in chaiuids, waterways or other concentrated flow paths. Sill fences have a low pcrmeabUiiy to enhance sediment trapping. This will create ponding behind the fence, so they should be not be located where ponding will cause property damage or a safety haz^ The expect^ life of silt fences is generally limited to 6 moruhs. DESIGN RECOMMENDATIONS 1. Silt fences should be irrstalJcd on the contour (vs. up and down a hill) and corrstrucied so that flow catmoi bypass the ends. * • 2. If the silt fence is longer than 600 feet, it ^uld be constructed in separate independent units, with each unit having a length less than 600 feet. 10/89 ©. < >■ 6.3-1 • w * • • • WW @ 3. Sill fences may be constracted with or without supporting fences such as snow fences or wire mesh fences. If support fences are included, they should be strong enough lo withstand the lo^ from ponded water and trapped sediment The support posts should be spaced at 10 feet or less, and should be driven at least 2 feet into the ground. Posts be 4-ioch diameter wood posts or standard steel fexrce posts weighing not less than 1.3 pounds per lineal foot, with a minimum length of 30 inches plus burial depth. 4. When a siltfcnce is installed without a supporting fence, the posts should be spaced at 4 feet or less. Posts should be placed or d.ivcn at least 2 feet iruo the ground. Posts should be 2-inch square or heavier wood posts or standard T- or U-scction steel posts weighing not less than 1.0 pound per lineal foot, with a minimum length of 30 iirches plus burial depth. 5. The fabric should meet the following criteria: Property Test h&thod ReqniremcoC Grab Strength*ASTM-D-1682 90 lbs. minimum Elongation*ASTM-I>-1682 15% min. to 50% max. at 45 Ib. Petmioivity ASTM-EM491 0.01 see. ' Apparent Opening Size CW02215 (Corps of Eogmeers) 30 to 80 (coarse soils)* * 50 to 80 (fine soils)** Ultraviolet Resistance ASTM-IM355 70% minimum Width 36 inches minimum * 12’ per min. strain rate ** Coarse with less than 50 peieem of the particles passing through a #200 sieve, Cne soils with greater than 50 percent of the particles passing through a IT200 sieve. 6.3-2 10/89 0 WW ▲«> • WW • ^ ^ « Ma • • «jV 6. For all installadoos. the fabric should be anchored in a trench dug on the upslope side of the posts. The trench should be at least 6 inches deep and 6 inches wide. The fabric is laid in the trench which Is tlxn backfilled and compaacd. Figure 6.3-2 provides > detail of fabric installadoo. 7. The filler fabric should be furrusbed in a continuous roll to avoid splices. Vtlien a splice cannot be avoided, it should be made atafenceposL The fabric should be overlapped 6 inches, folded over and securely fastened. MAINTENANCE Silt fences require maintenance to preserve their eficctiveness. All silt fences should be inspected immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs should be made immediately. When sediment deposits reach approximately one-half the height of the silt fence, the sediment should be removed or a second silt fence installed. 1 A/pn 0 . < Q -a V t ’ T^rairie Restorations, Inc. is committed to producing the JL highest quality native grass and wildtlov\ er seed and plants. Our seed is grow n in production plots, not gatliered from natural stands. Tliis enables us to maintain purit>', control quality, and improve production without impact on native remnants. Our plants are grown at our production center in Princeton. Tliey are normally planted to supplement a base seeding, providing valuable div ersity and authenticity to restoration projects of all types. 1995 Prairie Qrass Seed Mixes Short /dry grass mix Height 1'-2.3‘ Ideal in sandy or graivlly soils, oralongualkuaysanditnmctliately around buildings u heresboilcriegetation is desired. 23% Side oats grama, 31% Blue grama, and -iO®!! Unle bluestcm by PLS weights.3%June grass and 1% Kahn's bromc by bulk w eight. $1.25/oz.,$15.75/Ib. . Z.MIXED height/mesic grass mix Height 2.5'-6' Suitableformost sites and/or a variety ofsotls. 35% Big bluestem. 9% Side oats grama, 2.5®<) Canada wild nc, 2.3% Switch grass, 23®t Little bluestem, and 25% Indian grass by PLS weights. Of" 1% Kalm's brome by bulk weight. $1.00/oz., $10.25/Tb. ^ ^ Tall /wet grass .mix Height 5 ’-7' » ^ ^ Foru\.*tlandandhparian zones. ^5% Big bluestem. 20^o Canada wild rve, 10"t> Switch gra.ss, 15% tOur Indian grass by PLS w eight. 4% Cord grass and 0'% Wool grass by bulk weight. $1.50/oz., $l6./5/Ib. CRP Taligrass mix Height 3'*6 ’ Acceptable to the Sotl Conservation Scniccfor the Consenatton RcseneProgram. (CRP) 40% Big bluestem. 5®I> Canada wild lye. 10% Switch gra.ss, 10"'b Uttle bluestem and 35% Indian grass by PLS w eight. $1.00/oz., $8.75/n>. 1995 Wildflower Seed Mixes ^ Short /dry vtiLDiLow^R .mix Height 1.5'-3' 2?& Yarrowf. 5% Leadplant. 5% Butterfly weed. 1%) Heath aster. 20".'b .\2ure aster, 1% Silky aster, 5% Stiff tickseed, 2% Bush clov er. 5®A VChite prairie clover. 20®^ Purple pairie clover. l®-t Prairie rose, 23% Black-eyed susan. 5% Gray goldennxl. 2®fa Upland goldenrod l"fi showv goldenraJ and 2% Hoary verv ain. all by bulk weigh's. $9/oz., $ 135/lb. Mixed height /.mf.sic wildfeom -er mdc Hoght 2.5*-4' 2^t) Yarrow. 5% Giant hy.s.sop, 2>% Leadplant. 5% Butterfly weed 12 “'o .\zure aster, 2% Stiff tickseed, 2®<) Northern bed.straw, 1% Prairie sunflow er. 1% Stiff sunflow er, 6% Common o.x-eye. •»% Bush clover, :%Tallblazingstar.5®i>Wildt>ergamot. 8% Wiite prairie clover, 12% Purple prairie clover. 1% Prairie rose. 13% Black-eyed susan, 2% Gray goldenrod, 1% Upland goldenrod 4% Stiff goldenrod, 2®% Showv goldenrod, -ill) Hoary ventiin and 4% Golden ale.xander. all by bulk weights. $9.50/oz., $142.50/Ib. TAIJU/vtTT WILD FLOWER ,MLX HEIGHT 3*-4' 1% Yarrow, ^% Giant hyssop. 3 % Swamp milkwc*ed. 2?tPanicled aster, (>% New England a.stcr, 1% Rcd-.stalked aster, Canada tick trefoil, 8®!) loe-pye weed, 5% Boneset, Northern Ixrdstraw, 2Dit Sneezeweed. 1%Giant .sunflower, 8% Common o.x-eye, •I'fb Greater St. John s wort, 1% Wild Ins, 8^1) Tall blazing star. 2% \X'hitc prairie clover, H% Purple prairie clover, 29b .Mountain mint, 5% Black-eyed susan. 4<!o Stiff goIdennxJ, 89b Blue vert ain, 5%Ironw'eed, Cuhers rooL 5"/o Golden alexander, all bv bulk weiglits. $11.50/oz„$172.50/lb. . »*» II PLS (Pure Live Seed) A uml of measure used lo define the amount of viable sc*ed in a seed lot. A PLS pound of grass seed nuy often have an actual bulk weight of 1.5 pounds or more because of the non-viable corn{>)nenis of the individual .seed lot (stems. chatT. immature seeds, etc.). Ordering Information We ship sc^d UPS. We do not ship plants. W> do not accept credit cards. Our shipping and handling rates are as follows (fi:,ure roughly 1.5 bulk pounuls jx‘r pound PLS): Seeding rates Grxss seed (Broadcist) Grass .seed (Drilled) W ildllower seed t Broadcast) Rcct>ninH3ided seixling dates Optimum Riinge 16-20 lbs. PLS/acre 8-10 lbs. PLS/acre 1-5 Ibs^acre May 20 to June 20 Spring tliaw to August 10 September 20 to freeze up $1.50 .... less than 1 bulk lb. $3 00.... 1-3 bulk lbs. $4.00 .... 3-5 bulk lbs. $5.00.... 5-10 bulk lbs. $6.<30.... 10-20 bulk lbs. $8.00 .... 20-*0 bulk lbs. We prefer to limit seed sales to within a 200 mile radius of Princeton. lYairic sod Oats (for “iivsunU praihe) and native trees and shrubs arc also a\-ailable it our production center. Please inquire. Prairie Restorations, Inc. P.O.Box 327 • Princeton,Minn. 55371 • 612/389-4342 office 612/389-5733 greenhouse/storc 1 -A C- f *•’ V'* ^ •0 Principles of Landscaping for Wildlife i Chapter 3 "Landscaping for Wildlife" involves some new principles which are beyond the scope of traditional landscape practices. This is because some traditional land scaping criteria for plants are not related to wildlife needs. A land scaping strategy that incorpo rates wildlife, however, adds new criteria based on wildlife benefits. There are essentially nine prin ciples involved in landscaping for wildlife. 1. Provide the four basic needs of wildlife — food, water, shelter and space. Wild animals have four basic needs for survival: food, water, shelter and space. If you keep those needs in mind as you develop a landscape plan, you will have an excellent chance for success. Food Every species has its own unique food requirements. Food requirements change as an ani mal grows older and from one season to another. Food includes obvious nutritional parts of an an imal's diet as well as supplements like salt. Grit or gravel is required by many birds for grinding up food in their gizzards. Several types of foods can be provided in a landscaping plan: fruits and berries, grain and seeds, nectar sources, nuts and acorns, browse plants (woody twigs and buds), for age plants (grasses and leg umes) and aquatic plants. Many insects and other inverte brates are attracted to trees and shrubs. They also provide a food source for wildlife. Water Water! The Importance of water for wildlife cannot be overempha sized. Springs, beaver ponds, marshes, creeks, swamps, lakes, and rivers are vital components of our environment. Species ranging from deer to ducks to dragonflies depend on water for survival. One of your biggest challenges in de veloping a landscape for wildlife is to preserve and manage watery habitats where they still exist, to create ponds where they are absent, and to restore wetlands where they have previously been destroyed. Shelter Shelter, or cover, is necessary for protection from adverse weather and for hiding from pred ators. Shelter is particularly criti cal while animals are nesting and raising their young. It is also nec essary when animals sleep or rest. Shelter can come in many forms. It can be trees, shrubs, grasses, flowers, or structures like rockpiles. brushpiles. cut banks, hollow trees, bird houses, burrows, bridges and abandoned buildings. Space Every wildlife species has a unique pattern of space or territo rial needs. By understanding how much territory is defended by a pair of house wrens, bluebirds, ruffed grouse and other species you can learn how much wildlife can reasonably be expected to oc cur on your property. Loons and trumpeter swans will defend up to 100 acres of lake or wetland for their nesting territory. A ruffed grouse pair needs about 10 acres. Bluebirds need about 5 acres per pair. In contrast, wood ducks and purple martins do not defend territories around their nests, so many pairs can nest within a limited area. Additional statistics on home range requirements are presented in Appendix E. 2. Function The "function ” served by plants and structures is more important than their appearance. Don't base your planting decisions solely on whether or not a plant is pretty. Find out if it provides good nest ing cover, winter cover, edible fruits, butterfly nectar, grains, nuts, acorns or other factors of value to wildlife. Think in terms of providing the fnnr basic require ments of wildlife. •W'C-' Water is essential for the survival of creatures, including the Blanchard ’s cricket frog. 3. Dive'-sity High species diversity is an in tegral part of a good landscaping plan. A high diversity of plant spe cies helps protect against drastic changes caused by plant disease and insect pests. It also attracts a higher diversity of wildlife for you to see and enjoy. Three kinds of diversity are important — plant diversity, struc tural diversity and vertical diversity. i I' r n i ( :i inches deep with gently sloping sides and bottom. The surface of the edge should be roughened to provide a good perching surface. Robins frequently are atlracled to a fine spray of water like a lawn sprinkler in hot weather. The moist soil in such sites brings earthworms to the surface of the ground. Birds need water in win ter as well as summer. A dog wa ter dish or poultry water heating element can be placed in a bird- bath and the resulting open water can attract birds all winter. Backyard Frog Pond A small frog pond in your back yard can be a delightful addition to your property. It can reveal the private lives of songbirds, ducks, froqs. toads, and salamanders. The pond can be lined with con Crete or a plastic liner. The pond need be no more than 8 or 10 feet .cross and one or two feet deep. Flat stones can stabilize the pond edge and be highlighted with vari ous native rock garden plants. Soil should be placed over the pond liner so you can seed some native aquatic plants into the pond — like cattail, water lily, arrowhead, marsh marigold, or duckweed. Or pots with aquatic plants can be placed on the pond bottom. Seeds from most of these plants can be collected locally from w ild sources. (Be sure to ob tain the landowner's permission before collecting such plants on someone else’s property.) To pro vide a variety of depths for vari ous wildlife uses, one edge could be vertical to a depth of from 1 'z to 2 feet and the opposite edge could have a shallow gradient as shown in Figure 8. Vou may need to provide more water for the pond with a garden hose during periods of low rainfall or to freshen up the water if it becomes stagnant in late summer. ldeall>. the pond should receive five hours or more of sunlight daily to stimulate the growth of aquatic plants. The pond should be within reach of your garden hose. An other alternative for creating flow ing water is to use a submerged pump to push the water up into a miniature waterfall ‘hat flows back into the pond. The flowing water in the stream will be well- used by birds for bathing and drinking. : V . .... ■■ "i.'! . ■- -'Vv; I -S' > This backyard pond has attracted a pair of mallards. A submerged pump causes water to flow from the pond and trickle over the rocks. A backyard frog pond can be I a great place to discover 5 wildlife. 3 oa Instructions for creating a back yard pond can be obtained for 50 cents by w riting to the Mational Institute for Urban Wildlife. 1092 1 Trotting Ridge W'ay. Columbia. MD 21044. .-ksk for Urban Wild life Manager's Motebook. "2. A Simple Backyard Pond " by Louise Dove. If your goal is to benefit am phibians. keep your pond fishless since fish normally eat frog. toad, and salamander eggs and young. In a fishless pond, they have a better chance for survival. If you wish to attract fish-eating birds like kingfishers and green- backed herons to your property, you may wish to stock your pond with sunfish or fathead minnows. These fish will also help control algae grow th in the pond. Small Ponds W here space and topography allow, a somewhat larger pond can accommodate dozens of wild life species. These ponds, if fish less, will be used by crayfish, blue-spotted salamanders, central newts. .American toads, cricket frogs, spring peepers, chorus frogs, green frogs, wood frogs, pickerel frogs, leopard frogs, garter snakes, birds, and painted turtles. The pond should be 30 to 40 feet across and at least four feet deep. .Another alternative for this type of pond is to stock it with mosquitofish, mud minnows, and fathead minnows to help feed on algae and to provide a prey base that will attract green-backed her- ons, great blue herons, and belted kingfishers. A branch or post should be placed in or by the pond to serve as a perch for these fish-eating birds. The minnows will need to be stocked annually. Be sure to check with your near est DNR fisheries office to learn what laws apply to trapping, trans planting and stocking minnows. A small pond should have at least one-third of the bank con structed with a very gradual incline toward the deep point. Brush piles should be placed in the shallow water (two feet or less) as sites where frogs, toads, and salamanders can lay their eggs. At least one-fourth of the pond's edge should have submerged brush. About five to ten logs, at least six inches in diameter and five to eight feet long, should be placed on the pond margin. Part of each log should be in the water with as much of the underside of the log touching the ground as possible. This is especially good habitat for salamanders. Figure 9 portrays a small pond. Rock piles or riprap can be placed along the water's edge on the north side of the pond to serve as sunning sites for harmless snakes and turtles (62). Shallow Area Brush Pile M- erm Figure 9. Diagram of a small pond. If you have a small pond that is used by wood ducks, mallards, or Canada geese, try keeping one side of the pond mowed. This cre ates a safe loafing and sunning area where they can readily see predators approaching. Wood c jck populations have increased significantly in recent years and may be attracted to small ponds and marshes. ^ • S*' ;w ^ t' ~ Marshes Marshes are one of the most valuable types of wildlife habitat. These priceless areas provide food, cover and water for dozens of native species — ducks, geese, grebes, herons, yellow'-headed blackbirds, black terns, marsh w rens. Forster s terns, muskrats, minks, raccoons and many others. Marshes capture eroding soil from surrounding fields, thereby purifying water draining into dow nstream areas. Some agricul tural fertilizers and herbicides can also be neutralized by the orga nisms in a marsh because it serves as a natural “kidney.” /Marshland also provides e.xcep- tional opportunities for bird watching, photography, hunting, and trapping. Hunting leases and trapping revenue can generate - significant income for marshland y owners. Some persons are fortu- x: nate enough to own land where £ marshes are already present. For r most agricultural landowners, however, there is nothing more than a drained marsh basin left w here wetlands once existed Marshes can be restored on such s.tt-s through coordination and - ...3 ...in ine unr\, and Agricultural Stabilization and Conservation Service (ASCS). Both state and federal water bank subsidy benefits may be available to qualified landowners who preserve or restore wetlands. Marshes can also be created in areas with favorable topography and soils by building dikes and in stalling water control structures. There should also be at least two to four acres of adjacent or nearby grassy nesting cover for each acre of marsh. Waterfow I like mallards and blue-winged teal need upland nesting cover near marshlands. It is not enough just to preserve marshes for wild life. The nearby nesting cover is also essential for some species. 16. Feeders The finishing touch to a wildlife landscaping plan is an assortment of wildlife feeders which supple ment the foods already provided by trees, shrubs, flowers, and food Marshes are a vitally Important type of wildlife habitat. plots. Wildlife feeders can serve several functions. The most popu lar use is backyard bird feeding to attract birds so they can be seen and enjoyed from within the com fort of your home. More than one- half billion dollars are spent on birdseed every year in the United States, and from 50 to 60 percent of all Midwestern homeowners feed birds. The other type of feeding is to help pheasants and white-tailed deer survive during severe winters bv placing corn feeders for them in or near their winter shelter. This is most frequently done on '* rms and in woodlots rather than m. 14** k pUnHns b«.us. o. vu.nera.ni.y .0 d.««, bu. .or. .oc,p..b,.pl,n..d In hardiness zone 3N. S? !S«" s .or *h... pm. b.ls..r rust. DO no. purr. wh.r. whU. p'r... IS . priority. "''”rv™CX^dT;?u''.oh':L dls..s., «o lonp.r r.co..r,.nd.d for l.ndscplng porpos.s. I • Appendix N andesirame Landscape or Wildlife Qualities «o«rspVc!'^^^ b.n.f icl.1 lor wildlil.. but can b. Invasiv. In plac.s wh.r. .hay ar. no. wan.ad. are ben.llclal lor wildlife, bu. can be invasiv. In plac.s were they are no. wanted. ^'Td“o«rsf.f«s.‘e^n rather than eastern Minnesota and can be Invasive on prairies Euphorbia esula (Leafy spurge) Invasive noxious exotic weed. Fraxinus perwsylvanica (Green ash • "Marshall") This cultivar has no seeds for the birds. "“"'SstTxoOc 'O' ^^‘'’rordi'?r»"- should it be planted. However, it is invasive in prairies and is ditticuii ^ legume alternatives. A-m--1 • 8 K B X K ECtJbNfi. - UJ<i~juU /K, IMP % ^ iiif • 73 /. O ^ w I-;/ 4f » « MftKM ___IM M V:* plyntouth«lk«* ------ ill* ^ (} jl—-I-,-—^ u si" 1 1?. lit. ^ if— fj. t:: \v LEkr »*’»»« M &)^ »«'t" ■ .■■ ■ r^Oy^ f I'i ^^ ^/ii^wp •T^------t—i- #1 lObW.; /lOP 1 :' . • fr V •••r»f f •_ ,.7Jt.^ i I :■: 73*8 u/ ,1MW fiRfifS I CS naaj ‘ iHB wiuim '’Q kwiK."^ ' „ I*77/-f 7 j V‘ ' ►.Vf^T _ III • I 4 • ,1''; - Vr I .AMDS INVENTORYRTMENT OF THE INTERIOR ■p UR p^c y£tAL- rHMC.f>ue,Gr:^^^-o ' PCMC P£MC PFOIC i-s)peMF PEMCrf CJ PE •J6& /Or-. feL . -. p^c~€> Z;^ oem; 'WP£.v^ pFoe^' PueF > ^ P£M(T^^ femc pemf FU60' liubh c^=o P£Mi F~q P5SIB )/ . ^PUOF_ “PFOFB^^ 1^ <^15.^- POlbC> I «i rcMCd PGmC. L2UB6 ' f ■ POAFd / PFOlC PFDiC <h ^T^pueo;^^'J ■^<C4 wwD ^ pgmcT^ • P&blC PU6P ‘ ?rT . V >\ ^ . . PU6F* o, • . . ; . PU&E >^ Y ^5l^P06&d ’£mc£;7^ . ^ . rcMf<s - ■ :• /V "fnj6&"'^LIUC)VN i^p|ycd^^j;^2_f\)6& — ruftCj 1/" A fEMCdX r£Mr ‘ ^ £U6G Sp65IC% • rc^^Cd _ . ruBf^ . • PtMCd/ • i ' * ' • • • * • • .'^ ^ ^ * * *• • .* ’ * • . ■ *• '••••«• l^pra'C''-. •',Pu6&.i^': i/'-' X'. ■ -ft • ______ , / . .• • •• a • • A — SHEET NUMBER 43 I'B R. 23 w ... (^vS Soils /htt.p fftmc. fioini |h«*l 5* ^ mi* . i i* . m m la SmBOL A«C 3« 3b 3< 3d 3o 3p e»3 e»c 3>3 3.C 3u3 3wC ouO 3wE 3.3 3.C Co C>> Co Ca CoA Co3 DtA CiA Ci3 CiC O'*' C'^A C*>3 o^c Co Cp c» Du M M lb E'C2 ErC: E%r EA E-3 E'C EtO Cr3 OrC Mo «t3 MaO ^bE hc S2 ^<Z2 HcC2 HcEJ HcP H,3 H#C m»D SOIL LEGEND TH# fif%t COP'tol •§ tAii.ql OA# ol tS# tO'l *'C'A#. A OOCOAd copitol A, B, C. 0, E. » F, tAd'CO*«» ts« C 0»% ol tiooo. Mo^l »ir»Abot% «.tKeut o %fop» UHOf 0*0 iK«ao of 0*0Oflr U«o» %o.l», bu* •o«»t o*o lor lo'^ »ypo* bo%o o <onf.d»*obtt roA^o of olooo. A fiAol Au««'bor. 3, m ih« aymbol t^owt fKof ib« »oil it orodtd. A ao ^O •« A aio Iio U NAME I l»A« ftOAd. 2 to 6 porconf olopoft !»««• «OAd. 6 to 12 porcoAi olopoB 5ocho« f*Ao oc^dv loe«A SoeVof looM 3>%coy do? •oo'A Bi%cov cloT loe«A. dtproifiOAol 3or*o«> loAd 3o**e.* p't« 3*ot^*A loo**Mf *OAd. %'l»y «wbto«l. 2 *0 6 p#'c»A» »top#* B'Ot*0«» loo***/ BOAd. Bitty tubiOii. 6 *0 12 pO'Ct^r ttop«t Bfo^om loo«nr I>ac boa P. 2 tp 6 potctAt ilopot 3*0^0*** loo'V'r l<A« BOAd. 6 to >2 potcoAt b Iopob 3w*A»«iHt BOAdy looiA, 2 to 6 potcoAt b Iopob 3%#rABviilo BOAdy loo'A. 6 to 12 po'coAi b Iopob 3s/tA«wiMo BOAdy loeAi, 12 to 18 po*c«At b Iooob B mTAB wiI!# BOAdy loO'A. 18 to 2b M*COAt b IoPOB 3u*A%«iII« BOAdy lOOAl. thick BOiw'*' ^0*i0At. 2 to 6 PV'CfAt b Ioo«b 3u*^B«in« BOAdy ‘OOA Ihick Bolw'A wOfiQAt, 6 '9 12 C<*'C #At %ioO«B C oaib 'oo cloy tpo'A C^oBko ctoy loo'»» Cordovo Billy cloy too'*' Cut OAd fill lOAd Doko*0 loOM, 0 to 2 PO'COA* b Iopob Dcko'O loow. 2 *0 6 pOrcyAl b Iopob Doko*0 loOiA. looiAy BwbBtiO<u*«'. 0 <0 2 PO'COAI b Ic POB Co*Eo Bli* ioo«A, 0 to 2 potcoAi b Iopob Colbo Blit loOiA, 2 to b porcoAt b IoPOB Dolbo Blit loOA, t to 12 porcyAf b Iop«b CoBBoi BOAdy loC'*» Cicki^n BOAdy looA, C »0 2 pO'teAf b Iopob C'CkfAOA BOAdy 'ooA*, 2 *o 6 po'cyAf b Iopob C'CkiMOA BOAdy ’oo-*, 6 »0 I2 pO'C*Al b Iopob C qTCA ob 'O* loOA D woIa loO'Ay BOAd Owotm loOAiy BOAd, tooiAy BubBOil «Ot-OAt CuAd> B Blit ioOAi £f.A 'ooiA. 2 »o !. po»:»A* * . .^B EiiA IoOA, t to 12 CO'tOAf yiepOB C*iA loO<A. 12 to 18 pO'CtAt b Iooob EtiA looAi, 18 to 2d po'cvAt b Iopob EtiA cloy looiA, 2 »o 6 po'cyAi b Iooob . yyodtd Et.A cloy Iqo^. 6 to 12 py'cyAi b Io&«b , o'odtd E''A ctoy loo'A. 12 to 18 po'ctAf B*05*B. y'odyd E*in o*%d KilkrAny loQ^AB. 2d IQ 35 £>y»CtAl b Icoob EB*h»<ir.ll» B0'‘<2y loO"*. 0 »0 2 b I0P«B EB*h#»wii^ BOAdy loO'**. 2 to ft C«0'CyAi b Iop«b £B'ho«vii!« BOAdy loOA, ft lo 12 PO'CO''* b Iopob EB'A«i«illt BOAdy loO«A, 12 to 16 pC'COAl b IoP«B Fill loy^ GU aco O Bilty cloy loo'A G*oyB «ory I'A o BQi^dy Ioqai . 2 to 6 po'CtAt b 'opob GroyB .vnr I>a « BOAdy Ioo'a , 6 to 12 po'CtAi b Iocob Mo*ao I loOM •AOydOA IOO*A. 2 *0 6 POtCOAl b Iooob HoydyA looi", 6 »o 12 percyAt b Icpob HoydyA loo«, 12 to 18 pytcyAt b Iopob Ho*dyA looA, 18 to 2d pyrcyAt B>opyB HovdyA cloy Ioqai , 2 «o 6 po'ccAt BlopyB. yiodvd HoydyA cloy loo*". 6 to 12 py'cyAi slopyB, yrodvd Ho*d#A cloy looiA, 12 to 18 p#'cyAt b Ioc >«b , y«oded HoirdyA vloy loo'A, 18 »o 2d py'CCAt b Icp *b , y'oded HoydtA OAd Lyt'yt Ioo»ab . 2d to 35 py»c*Ai b Iop^b Hyyd»« BOAdy Ioo*a ^ 2 'o 6 p»'C*ai Blopyt Hy.cy* BOAdy loo*", ft »o I* py'cyAi B'coyB Hy^Ct* BO’^y loo*A, 12 to IB py'cyAt Btop«B SYMBOL MoE hi 3 MIC HlO HIE H wA H«S HuC H mO H w£ IB It u tCo3 tfy <k9 KkC KmO KkE <iC2 kiC2 K a 3 K a C K a O <a £ K a F Le Ld LjA L-,3 UH L'"3 L»3 LrC L'O LtE Lb 62 Lb C2 Lb C2 L’B Lu Mo Ml M^ Mm Sy 3 Ny3 NyC Po Pb Pm Ob 9 Pb C Pb O SoB ScC SoO ScE Sh $mA SmB 2-3 ZmC NA^fE Moydtr BOAdy too"*, 18 tp 2d porcyAt b Iopob Hyydir COtApIyy, 2 *0 6 PO*cyAt b IopoB Hoydor coAiplya, 6 to 12 potcoAt b Iopob Hoydor co«AploB, 12 to 18 pofcoAt b Iopob Hoydor co*Apiya. 18 to 3S porcont b Iopob Hwb&^vd leOfAy BOAd, 0 to 2 POrCOAt b IoPOB Hvbbord loo'Ay BOAd, 2 to 6 pofcoAt b Iopob Hv^bo'd lopiAy BOAd, 6 to 12 pytcoAt b Iopob Hv/bbord loo—y BOAd, 12 to 18 pofcoAt b Iop«b Hwbbo«d too—y BOAd, 18 to 35 pyrcoAi b Iopob Iboa BOAdy loo — Iboa BOAdy loo—, dyptoBB'OAol Iboa BOAdy loo—, loo—y bu Eboi I K obo 'O Bilty cloy loo— 1 tp S porcoAt b Iopob KyyyAyboc Btlt ioo- KilkyAAy looA., 2 'o 6 po'cyAi b Ioo«b KiUoAAy loo—. 6 'o l2 po'cyAi b Iopob Kilkyy y loo— I? »0 18 porcoAi flcpOB Kil'.yA^^y loo—, 18 to 2* PO'CyAl b Iopo* Kitkr'NAf C'or 'OA— ft ‘O 12 py'COAt B cpoB. r»od*d Kilk*r»/*y cloy loo—, 12 t© 18 OO'COAI b Iow^B, O'>.03 KiA^Blyy CO—p!y., 2 »o 6 poicoai b Iopob KiA^Biyy CO—clfM, 6 to 12 pytconi b Iopob K.iAjBlyy CO—plya, 12 to 18 poiconi b Iopob KiA^Blyy co-plya, 18 to 2d poicoai b Iopob iCtA^Blyy CO—plya. 2d to 35 p«*coAt b Iopob Loky byock*oB, BOAdy Loky booc^oB, loo—r Loa ^oIo loo—y B*’Ad. 1 to 2 POtCOAf ilopOB Loa -joIo loo-y BOAd, 2 to 12 po'COAi b Iopob Loaqo Io Ipo —r BOAd, —odo'Oiyly .*yll ffO<Ayd, 0 to 2 pytcoAt b 'opob Lo'doi loo — , I »0 d pyfCorM b IoPOB L*b »o* loo—. 2 *o 6 po'cyAi b Iopob LoBtyf loo—, ft to 12 po'coAi flopoB LoBiyt loo—, 12 to 18 po'ctni b Iop«b LoBtyt loo—, 18 »o 2*1 po'tOAi b Iop«b LoB*yr cloy loo—, 2 *o 6 pyicoAt b Iopob . orodod LoB*#^ cloy loo—, 6 to 12 potcoAi b Icpob . ytodod LoBty* cloy loo—, 12 to 18 porcoAt b Iopob , ytodod Lo SvOw# loo — , I to d porCOAt BiopOB Litchfiyld loo —y fiAO BOAd p Tqt m MotBK M»Ark#f^BO B«l*y cloy loo— M.pod ollw^'ol lo^d M.aod olluw'ol lo^d. ftOQuoAily flooded NoBBoi loo—, I »o d pofcoAi b Iopob Ny«Aor« loo—y BQAd. 2 'o 6 potcoAi b Iopob NympfO loo—y BO'*d, 6 to 12 pOtCOAl BlopoB Pooty «**uck Pyo»y —uck o«of BOAd Poo'y —*xk o«of loo— PoBBot loo—y BOAd, 2 to 6 porcoAt b Iopob PoBBti loo—y BOAd, 6 to 12 pytcoAi b Iopob PoBBOt loc —» BOAd, 12 to 25 pytCOAl flopOB Sol-do COOtBO BOAdy loo — , Solido COQ'BO BQAdy loQ—. Sol.do COOtBO BOAdy loom, Soiido COOtBO BOAdy loo—, S^tyldB Bilty cloy loom SSotOMOod Bilty cloy loo—, S>'o*0Mood Bilty cloy loo—. 2 t© 6 petcoAt b Iopob 6 to 12 po»cot>» b Iopob 12 »o 18 pytCOAf BtopoB. 18 to 35 pytcoAi b Icpob . 0 to 2 p*tcoAt b Iopob 2 to 6 pytconi B>opoB 2i——et—OA loo—y fiAe Bond, 2 to 6 potcoAt b Iopob Z<—'Ayt —QA loo—y fiAO BOt'd, 6 *o I8 potcoAi b Iopob TABl£ 10 ...SOILS CIASSIFIEO ACCORDING TO WE CURRENT SYSTCM OF CLASSIFICATICW Series if*h *«“••• Jurnsville, thick solun variant. Canisteo............................. Qiaska y Cordova-- Dakota £/ Calbo------ Dassel--- I - picknan ------------------- Dorchester £/........... Duelm............................. Duelm, loajny subsoil variant. Dundas ------------------- /Erin............................... ^Tstherville...........— Family 1/Subgroup Arenic Glossoboralfs Typic Haplaquolls — Tyrlc Haplaquolls-- ^arse-loany» sdxed, frigid Coarse-loamy, mixed, Fine-loamy over sandy-skeletal, mixed, "frigid.........I Arenic Eutrochrepts Sandy over 1®”?* .............Uypic Hapludalfs — : ZWI...........-H^ic AxSiudon.Coarse-loainyI ndxcdp mcsiC' Finc-loany, mixed, calcareous, mesic. Fine-loamy, mixed, calcareous, mesic • Fine-loamy, mixed, noncalcareous, Fi^l!loamy over sandy, mixed, mesic-lTypic Argiudolls- F :: friHd.........Ulc Coarse-loamy, mixed, noncalcareous. Typic Haplaquolls Typic Haplaquolls-- Cumulic Haplaquolls Typic Argiaquolls-- Order mesic. Glencoe Grays Hamel » - s.nd,.,.i«d. Fine-silty, mixed, mesic----- 1 Sandy, mixed, frigid-------*-" Sandy over loamy, mixed, frigid Aquic Haploborolls Aquic Haploborolls Alfisols. Mollisols. Mollisols. Inceptisols Alfisols. Mollisols. Mollisols. Mollisols. Mollisols. Mollisols. Alfisols. Mollisols. Mollisols. Entisols. Mollisols. Mollisols. Typic Hapludolls- Cumulic Haplaquolls Fine, montmorillonitic, mesic. . i uiossoooi iv. y Coarse-loamy over sandy or sandy- skeletal, mixed, mesic. Fine-loamy, mixed, noncalcareous, mesic. Fine-silty, mixed, mesic................... Fine-loamy, mixed, noncalcareous, V. ................................iTypic Hapludalfs ---------- Heyder...........................................nitd frf;!”---.......................................Haploborolls............................. Mollic Hapludalfs Typic Argiaquolls Is an 6/ Kasota Kennebec- - -- - - - - - - - Kilkenny. . . . . .. . . . . Kingsley. . . . . . . . . . . . Langola V- -- - - - - - - Lerdal - - - - - - - - - - - Lester. . . . . . . . . . . . . Le Sueur. . . .. . . .. . . Litchfield 9/. . . ... . . Minnetonka- - - - -- Nessel........................................ ---------------------------------------------------------------- Peaty inuck 10/------------------ Peaty muck over sand 1^/ Peaty muck over loan 10 /----- Clayey over sandy or sandy-skeletal.h>Tic Argiudolls mixed, mesic. . .....................Cumulic Hapludolls------ n^e;" M;oSno;i":. ;eslc.............U^nic Hapludalfs--.- C.3FU.;oa=., L.ic......... Fine-loamv. mixed, mesic.......................! ...ej oFFic...-.-------^ Coarse-loary, mixed, mesic Fine. "'ontmorUlonitic. mesic------ T^ic Fine-loamy, mixed, mesic- I “ Sandy, mixed, frigid Euic, mesic. .-. . .7* Sandy, mixed, euic, mesic Loamy, mixed, euic, mesic Typic Udipsamments- - - - Typic Medihemists----- Hemic Terric Medisaprists or Terric Medisaprists. Hemic Terric Medisaprists or Terric Medisaprists. Alfisols. A1fisols. Mollisols. Mollisols. Alfisols. Ftollisols. Alfisols. Alfisols. ^lollisols . ^lollisols. ^llisols. Mollisols. Ftol1 isols. Alfisols. Mollisols. Alfisols. Alfisols. Mollisols. Mollisols. Mollisols. A1 fisols. Entisols. Histosols. Histosols. Histosols. TABl£ 10.—SOILS CIASSIFIED ACCORDING TO TOE CURREhfT SYSTEM OF CLASSIFICATION—Continued Series I Rasset— Salida......... Shields 11/ Shorewood-- f^Ziwncnnan-- Fajnily U Coarse-loamy, mixed, r.csic- Sandy-skeletal, mixed, mesic- Fine, montmorillonitic, mesic Fine, montmorillonitic, mesic Sandy, mixed, frigid- - - - - Subgroup Typic Argiudolls-- Entic Hapludolls-- Mollic Albaqualfs- Aquic Argiudolls-- Alfic Udipsamments Order Mollisols. Mollisols. >bllisols a Mollisols • Entisols. Hennepin County has soil temperatures on the border between the mesic and frigid soil temperature "classes; therefore, soils in both classes occur in the county. However, these temperature differences are minor and are usually not significant to growing crops in the county. 2/ These soils are taxadjuncts of the Anoka series because the surface layer is thicker and darker 5"and the sand fraction is dominantly fine sand. 3/ These soils are taxadjuncts of the Chaska series because they contain less fine sand than the de- ined range for the series. 4/ These soils are taxadjuncts of the Dakota series because they have less translocated clay in the B i^oriion than the defined range for the series. 5/ These soils are taxadjuncts of the Dorchester series because they have darker colored upper hori zons and contain more sand than the defined range for the series. Some of these soils are taxadjuncts of the Isan series because the C horizon is loam or heavy andy loam. 7/ These soils are taxadjuncts of the Langola series because they have more silt and clay in the solum d some have grayer colors than the defined range for the series. 1/These soils are taxadjuncts of the Lerdal series because the A horizon is thicker than the defined pnge for the series. i/These soils are taxadjuncts of the Litchfield series because they have a thinner, darker colored A '.orizon and contain more medium and coarse sand than the defined range for the series. 10/ Organic soils that have not been classified at the series level. 11/These soils are taxadjuncts of the Shields series because the upper part of the B horizon is darker an the defined range for the series. mi■m |il n / V• * 0 / V \ ** i •if -i **V' ^ ' CONSTRUCTION GUIDELINES « • 1. PERMITS. Wetlands are proteacd by several laws, and a permit may be required for your projea. Four government agencies r^tdate wedands, and should be contacted if you will be working in an existing wet land. These agencies are: U.S. Army Corps of Engi neers, USDA - Agricultural Subilization and Conser vation Service (ASCS), the DNR Division of Waters, and your city or county zoning office or local water shed district. Phone numbers for the first 3 agencies are given at the end of this brochure; check your local directory for the number of your local office. 2. DEPTH AND SLOPES. Waterfowl need shallow water. ^Tien filled with water, your dugout should be no more than 5 teet deep. In mid-summer, much of your dugout should be less than 3 feet in depth. \ our pond should generally have the following depths when it is full (as in spring): Water Depth Pet, of Pond at this Depth Likelv Result • 0 to 1 foot 5 to 15 Cattails/emcrgent vegetation, usually dry by July. 1 to 3 feet 40 to 70 Mixed emergent vegetation and open water, dry in drought. 3 to 5 feet 25 to 40 Mostly open water, drv in 0 severe drought. W If you are constructing a dugout in cattail-choked wetlands, you will not be able to achieve the above depths. In these cases, the slopes of your dugout will have to be fairly steep. This is okay as these dugouts will function mostly as territorial sites, and may not be heavily used for feeding. Maximum depth still should not c.xceed 5 feet. In mineral soils, steep slopes prohibit growth of desirable vegetation, encourage erosion, and reduce waterfowl use. As much as possible, grade the slopes of your basin at a 3:1 (steep) to 10:1 (flat) ratio. Flatter slopes arc better, which is not the same as a flat bottom. Figure 1. Topographic diagram of a good basin design; this design emphasizes shallow slopes and depths (each line represents one foot of depth), and good shorelinefeatures. Adjacent uplands are seeded to native grasses. A pond bottom with variable depths (i.e., an undulat ing bottom) is very'desirable. This allows an intersper- sion of vegetation and open water which is very attractive to waterfowl. Some biologists prefer to construct dugouts witli one deep side to ensure water availability and allow' for viewing of waterfowl. Figure 1 shows an example of a good basin design from the perspective of slopes and depths. 3. SIZE. Waterfowl use all sizes of wetland, but usually, bigger is better. In building your pond for waterfowl you should consider a minimum size of 2500 square feet (equal to a square with 50 foot long sides). Larger, irrcg^arly shaped ponds arc preferred, howcN ’cr costs get quite high. 4. SHORELINE FEATURES. A pond with a shore line which is irregular, and has many points and bays, is more attractive to waterfowl than a dugout with a straight shoreline. Plan your dugout to have as much shoreline as possible, as in figure 1. J C> Paol Pesek I23S Ljwum Aremm MiMieBoU 55391 Orono Planning Commission January 16,1996 Of DEPARTMENT OF THE ARMY ST PAUL DISTRICT. CORPS OF ENGlf«ERS ar »«v corps of engineers centre 190 fifth street east ST. PAUUMN55I0MSM January 26, 1996 REPLY TO ATTEimONOF Construction-Operations Regulatory (96-02049-NW-JJY) Ms. Elizabeth McMillan 1275 Lyman Avenue Wayzata, Minnesota 55391 Dear Ms. McMillan; We have reviewed the information you provided about your proposal to excavate a small pond (about 6,00C sguare feeb, or less than 0.15 acre, of wetland grading) and use the excavated material to establish a more natural slope in an area where a retaining wall collapsed. The excavation should also improve wildlife habitat and remove purple loosestrife. The landscaped area would be planted with native species. The project site is in the NW 1/4 Sec. 2, T. 117 N., R. 23 W., City of Orono, Hennepin County, Minnesota. This work is authorized by the Department of the Army nationwide permit referenced below and described in the enclosures, provided the enclosed conditions are followed. This determination covers only the project described above. If the design, location, or purpose of the project changes, contact us to make sure the work would not violate Federal law. It is your responsibility to ensure that the work complies with the terms of this letter and the enclosures, AND THAT YOU OBTAIN ALL REQUIRED STATE AND LOCAL APPROVALS BEFORE YOU PROCEED. The combination of native plantings and excavation may help limit the growth of purple loosestrife in the pond. However, as your consultants may have already informed you, purple loosestrife produces many seeds and may spread quickly in the disturbed areas around the open water pond and undo all your careful planting efforts. Wetland soil excavated from the pond may also spread loosestrife in areas where this soil is used as topdressing. Hand removal of young loosestrife plants before they go to seed may be the most effective method to control this species, although spot spraying of approved wetland herbicides may be necessary if hand removal is not sufficient. If you have any questions, please contact Mr. Joseph Yanta at (612) 290-5362. Sincerely, -V5en Wopat\ \^ 'Ben Wopat \ Chief, Regulatory Branch Enclosures Determination; 33 CFR 330 - Appendix A (26) Pnni»d on ©RocvciaO Papof Construction-Operations Regulatory (96-02049-NW-JJY) Enclosure B. Natiomride Permit cause the loss of »ore than 10 acres of waters of the United states# h. The permittee notifies^the^District^E^ would cause the i «ith the **Notification'* general condition. tol l!s;h«gir?n^speciai"ag^alic”st^fs, including wetlands, the Ltification must also include a delineation of affected =Pe=iei aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)), and c. The discharge# including all attendant temporary and permanent, is part of a single and complete project. For the purposes of this nationwide permit# the acreage of loss of waters of the United States includes the waters of the United States that are The flooding# excavation or drainage as a result of cannot ten-acre and one-acre limits of NWP 26 are absolute# and cannot be increased by any mitigation plan offered by the applicant required by the District Engineer. Subdivisions; For any real estate subdivision created or Lbdivided after October 5# 1984# a notification pursuant to subsection (b) of this nationwide permit is required ^ ^ discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (i) acre Any discharge in any real estate subdivision which would cause the^aggregate total loss of waters of the United States ^h^subdivilion to exceed ten (10) acres is not authorized by this nationwide permit#* unless the District Engineer exemp particular subdivision or parcel by making a written , determination that: (1) the individual and cumulative adverse environmental effects would be minimal and had, after October 5# 1984, but prior to reaard committed substantial resources in reliance on f to a subdivision, in circumstances where it would be ineq to frustrate his investment-backed expectations, (2) that the individual and cumulative adverse environmental ®^^®®^® . minimal high quality wetlands would not be adversely affecte , and there wLld be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, ®®2sing lot development by individual property owners may proceed using NWP 26. For purposes of NWP 26, the term real estate subdivision” shall be interpreted to include circumstances . , , HWides a tract of land into smaller par«?r?" ?he ‘*;u^o?rofse?nng, conveying transferring, ferstil'^r deve?op?ng eaid^parc^^^^ "division, including all parcels and parts thereof. (Section 404) Regional conditions: 1 Pro-iects which would cause a loss (as described in 2S.c.)-above? or -orrShan,three acres of waters of the U.S. are not authorized by this nationwide permit. •5 Th^a notiification requirements outlined at C. 13. below apply'if tSl proiecrwoSld cluse the above) or more than one-half acre of waters of the U.S. 3 This nationwide permit is not valid for any project that3. Tnis nano adverse modification of more thanwould cause a significant, adverse moaxtxoaux 10 000 square feet of wetland adjacent to and within 1/000 of*a lake or wetland that is greater than 10 acres in size, as designated by the Minnesota Department of Natural Resources “Public Waters/Wetlands Inventory” maps. 4 This nationwide permit is not valid for any project which is located in waters, or in wetlands adjacent to 1,000 feet of waters, that are defined as any of the following. a. outstanding Resource Value Waters in Minnesota Rules, Chapter 7050. b. Trout streams as designated in Minnesota Department of Natural Resources Commissioner's Order 2450 Part 6262.0400 subpart 5. c. Trout lakes as designated in Minnesota Department of Natural Resources Commissioner's Order 2450 Part 6262.0400 subpart 3. 5. None of the nationwide permits are valid for activities in, or in water or wetland areas which are within 1000 feet of a boundary of, a calcareous fen nnesotaMinnesota Department of Natural Resources and listed in Minnesota Rule 7050. section 401 conditions: 1. Projects which include dredging in polluted areas or that will disturb ®re nSt or polluted substances as defined and as listed by MP ., autLrized under Section 404 by any nationwide .I^^^^ge^Son applicant applies for, and is granted, a project spe i 401 certification from MPCA. nr 2, PiToiGctis which involve utilization of fill or ban]c stabilization material which is comprised of demolition debris are not authorized by any nationwide permit unless the applicant applies for, and is granted, a project-specific Section 401 certification from MPCA. Demolition debris is defined by Minnesota Rules Chapter 7035.0300 Subp. 30 as solid waste resulting from the demolition of buildings, roads, and other man-made structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Conditions Prescribed by Corps Regulation: Refer to the attachments for the conditions that are applicable to all of the nationwide permits. a landownsr or developer divides a tract of land into smaller parcels for the purpose of selling/ conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) Regional conditions: 1. Projects which would cause a loss (as described in 26.C., above) or more than three acres of waters of the U.S. are not authorized by this nationwide permit. 2. The notification requirements outlined at C. 13. below apply if the project would cause the loss (as described xn 26.c. above) or more than one-half acre of waters of the U.S. 3. This nationwide permit is not valid for any project that ^ould cause a significant, adverse modification of more than 10.000 square feet of wetland adjacent to and within 1,000 feet of a lake or wetland that is greater than 10 acres in size, as designated by the Minnesota Department of Natural Resources **Public Waters/Wetlands Inventory** maps. 4. This nationwide permit is not valid for any project which is located in waters, or in wetlands adjacent to and within 1.000 feet of waters, that are defined as any of the following: a. Outstanding Resource Value Waters in Minnesota Rules, Chapter 7050. b. Trout streams as designated in Minnesota Department of Natural Resources Commissioner's Order 2450 Part 6262.0400 subpart 5. c. Trout lakes as designated in Minnesota Department of Natural Resources Commissioner's order 2450 Part 6262.0400 subpart 3. 5. None of the nationwide permits are valid for regulated activities in, or in water or wetland arear. which are within 1000 feet of a boundary of, a calcareous fen designated by the Minnesota Department of Natural Resources and listed in Minnesota Rule 7050. Section 401 conditions: 1. Projects which include dredging in contaminated or polluted areas or that will disturb known contaminated sediments or polluted substances as defined and as listed by MPCA are not authorized under Section 404 by any nationwide permit unless the applicant applies for, and is granted, a project-specific Section 401 certification from MPCA. C* NattofTwidc PcrmH CoodlCkyc General Coodicioas: The Tollowing general conditions must be followed in order for any authorization b)- a nationwide permit to be valid: 1. Naviiratfon . No aciKiiy may cause more than ^‘minimal adverse effect on navigation. 2, Proper maintenance . Any struaure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. flrosion and siltation controls. Appropriate erosion and siliation controls must be used and maintained in cffcctK’C operating condition during consiruaion, and all exposed soil and other must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity may subsiantially disrupt the movement of those spcacs of aquatic life indigenous to the wntcrbody, iaduding these spedcs vihich normally migrate through die area, unless the aaKiej^'s primarv* purpose is to impound wtucr. S. EquiomenL Heavy equipment working in wetlands must be .placed on mats or other measures must be taken to minimize soil disturbance. 6. Rexona! and case-bv-case conditions. The activity must comply v.ith any regional conditions >vhich may have been added b>' the driision engineer (see 33 CFR 330.4(c)) and any case specific conditions added bv' the Corps. 7. Wild and Scenic RK'crs. No aciiviy may occur in a component of the National Wild and Scenic River S)‘stcm; or in a river offidally designated by Congress as a "study river" for possible indosion in the s}*stcni, while the rivxr is in an official study status. Information on Wild and Scenic Rivets may be obtained from the National Park Service and the U.S. Forest Service. " • • •8. Tribal rights. No activity or its operation may impair reserved tribal rights; including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality certification. Ln certain states, an individual state water quality ccriificalion must be obtained or waived (see 33 CFR 530.4(c)). 10. Coastal rone managemenL In certain states, an individual state coastal zone management consisicoc}* concurrence must be obtained or w-arved. (see 33 CFR 330.4(d)). 11. Endangered Soedes. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered spedcs or a spedcs proposed for such designation, as identified under the Federal Endangered Spedcs Act, or which is likdy to destroy or adversely modify the critical habitat of such spedcs, Non-fcdcral permittees shall notify the distria engineer if any listed spedcs or critical habitat might be affected or is in the victnity of the projea and shall not begin work on the activity until notified by the distria engineer that the requirements of the Endangered Spedcs Aa have been satisfied and that the acthity ts authorized. Information on the locadon of threatened and endangered spedcs and their critical habitat can be obtained from the U-S. Fish and Wildlife Service and National Marine Fisheries Service, (see 33 CFR 330.4(f)) 12- Historic proocnics. No activity which may affca Historic properties listed, or eligible for listing, in the National Register of Historic Placjcs is authorized, until the DE has complied with the provisions of 33 CFR 325, Appendix C. Tlic prospective pcrmiucc must notify the distria enginexa if the authorized activity may affca any historic properties listed, determined to be eligible, or which the prosfxxtivc permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the aaiviry until notified by the Distria Engineer that the requirements of the National Historic Preservation Aa have been satisfied ind that the aaivicy is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Prcscrv'aiion Office and the National Register of Historic Places (see 33 CFR 330.4(g):. permits to be valid:tits to be vaiia. t- :^,rot.5o™ StabilizationiLzauon. ^ _• - .^C lifnK1.» rmfr'nil tfliSb. [UaiOn. Un4«^ iiiv- x-ws—.3- i"“ c«c 307 ot the Cean Water Aa).L,lCjn /A.V.V;. ■ . • .^ nf th- Uaited States must be tnaiimieed or t Mlitaiicn. DiicMrso; of dteaged or on oiaterJ in » ^ ^ ^ a«n dod .0 me mddoioin «i=r.. paiaioKu m •“, compensation mitigation plan for the spccfsc regu -L:>.a«uvv>* -------------f- - , m!!«;i hxi Qvoiclcd to tlio cnru^duni o o^io^^icos . Dis=fi3f5» - -Pd^dS doring spoiidiog SddSOd. -0.1 bo n o extent practicable. iippio T^t °1 dSfl?'egd ’S l^gt PU0X« of the fill is to irnpoued 'A*2icrs).if LhC tlU IS lU r.*.vw*-y. the maximum extent pmaicnblc.maximum • ■ bioodio, niodd . Ddoborgen ^.o blooding d^ foo migidloo-'-erfow, oiodl bo avo'^od CO tbo maximum extent practicnbic.irnuui —— . _________ 1O...0..-mu. «y lo^f^-iy e.b bo oemovod id ihoio oalirofy, and Uio afloaod aroaa returned to their preexisting cic-.ation. , ivli4 W'/l 1, t >0‘ST7 »>'<^P-AC>5 ‘^^L^Oprr. f=^ IP'i::*^ ( C^lr I'^p'^r 6U«5a V^ ' (CIiy| I pt ^ •-I / ' ^ evisriK/i WfTlAf^ cfTt^e UAfsJp TH^ '\^ fu-^rreci <^L^re F (2p\^A ^’APP 0_ rot4 0 fts P;g ^o>F/-CL»r WITH UPP^/^ ^oiL-c pci-x^^-^o pp»2, /iPPir'u^HAL ^EFp (•ii\Ap/lf'*PHEr/r A^k'A .To Fie" ^r^l'^P V/ltri iMitU‘Ai*\P Mix ^F M?ilW ihuT cp ^>p S Vvli'^ . Wuf ']{! fP o^\oTF pi \ P' i11 4m\) ^D^->^<'>< nJa PEAU 16:21 MirtElWA CREEK UhTEPSHED 6124710632 P.01-07 NOTICE l/25f96 NOTIFICATION AND OPPORTUNITY TO COMMENT MINNEHAHA CREEK WATERSHED DISTRICT PAGES ^ PERMIT APPLICATION NXTVIBER: 96-07 DATE OF REQUEST; 1/25/96 (Comments on this application are DUE 10 Pays from receipt of this notice. Return to: WTNCK ASSOCIATES, FNC. 1800 PIONEER CREEK CENTER. NUPLE PLAIN, MN 55359). FROM: Suzanne Weeclman Assistant District Director TO: Cit>'/Couuty Engineering Consultant DNR Area Hydrologist DNR. Wildlife (Enhancements) DNR Fisheries (Excavations) Hennepin Conservation District Phone; 612/471-0590 Fax: 6I2-471-06S2 > City of Orono > Kristin George. Wenck Associates > Ceil Strauss > Jon Parker > > Ellen Sones/Dave Thill PROPOSAL INFORMATION: Applicant: Protected Water Howard & Elizabeth McMillan Project Description : .12 acres of a Type 3 (non-DNR) wetland to be excavated for wildlife enhancement. Proposed pond area is approximately 60' x 90’; 3 5 to 4.5 feet deep with v aried pond edges and inlets Excavated material will be relocated to an upland site adjacent to landowner's home to create a more namral slope. .Area will be re-vegetated with native grasses, wildflowcrs and slinibs in May or June Silt fences will be installed and maintained throughout construction to control erosion COM.MENTS ON PROPOS.AL (by reviewer: attach sep.arate sheets if necessaiy) -^/2-- O /LAv ..rt—^J Name of Reviewer: X d/7}(i A JjJ Title: . 'J^_ y '"f ^ isss request for council action DATE: ITEM NO.; / ^ Department Approval: Name Michael P. Gafiron Title Asst Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Proposed Zoning Code Amendment - Oversized Accessory Structure Table (Section 10.03, Subd. 9) List of Exhibits A - Planning Commission Minutes 1/16/96 B - Memo and Exhibits of 1/4/96 Discussion Since the oversized accessory structure ordinance was adopted in 1989, there have been a number of occasions where properties in excess of 9 acres requested variances for either a single accessory building larger than the 3.000 s.f limit, or requested total square footage of all accessory buildings in excess of the 6,000 s.f limit currently in effect. It has been suggested that the oversized accessory structure table be amended to allow larger individual accessoiy' structures and a greater total square footage of accessor>' structures, for properties of 10 acres or more, fhe existing table gives no direction as to what square footages might be appropriate for properties larger than 9 acres. Wlien considering properties of 15, 20, 30 or more acres in area, the 6,000 s.f limit on accessory structures might be construed as excessively limiting. Staff drafted two options for expanding the table to accommodate parcels from 10 to 60 acres in area. One IS based on allowing accessory structures up to a certain percentage of the lot area. The other simply increases the individual accessory structure allowance by 200 s.t. lor each additional acre over 10 acres, and 400 s.f of total accessory structures tor each additional acre above 10 acres. Either method results in the allowance of relatively larger accessory buildings on large parcels. Planning Commission Recommendation Planninu Commission reviewed the two options for amending the table at their January meeting. A number of concerns were raised by the Commission during that review, including: The number of variance requests under the current code is not overwhelming, perhaps one or two a year. Request for Council Action continued page 2 of 2 February 5, 1996 Proposed Zoning Code Amendment - Both options yield individual buildings with footprint areas large enough to have a visual impact on a neighborhood if constructed at the minimum allowed setback rather than placed centrally on the property. - While the ordinance doesn't require screening, visual compatibility, or other performance standards which might make a larger building acceptable, such requirements could be established for each building requested by variance procedure. Planning Commission was more concerned about individual large buildings than the total square footage of all accessory buildings. Tliey noted that only one oversized accessory structure is allowed per property, hence all additional accessory buildings would have to be 1,000 s.f. or less. The four members of the Planning Commission present at the January meeting concluded that there is no pressing need for this code amendment. They further concluded that the City would retain greater control over large accessory structures by leaving the table "as is", especially as it pertains to individual structures. Planning Commission was not as concerned about the total accessory structure footprint area limitation of 6,000 s.f., and some members indicated a degree of support for expanding that portion of the table. How ever, Planning Com.mission's official recommendation to the Council is to not amend this code section. Staff Recommendation The two optional methods for expanding the table each result in individual structures which rnay be large enough to have a negative impact on adjacent property owners or generally within the neighborhood, especially if inappropriately located. If Council leels that the table should be amended for larger properties, then it may be appropriate to place more restrictive standards as buildings get larger, i.e.: Require screening. Require architectural feature compatibility with principal structure. Require greater setbacks as building size increases. Additionally or as an alternative. Council may wish to e.\p;ind just the portion of table regarding the total of all accessory structure footprint areas. This would effectively allow more accessory buildings of 1,000 s.f. or smaller on a larger property, which might eliminate some variance requests without allowing extremely large buildings in inappropriate locations. COUNCIL ACTION REQUESTED: To provide staff with direction as to which, if any, portions of the oversized accessory structure ordinance should be revised, and if so, direct staff to prepare an ordinance for consideration. Other options for action include tabling, referral back to Planning Commission, or establishing this as a tuturc work session topic. I ij.l. a I.' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#5 - Proposed Zoning Amendment - Continued) Engebretson reminded the pubBc of the upcoming meeting regarding the arena. Smith asked what prompted the agenda hem regarding the amendment_ JJ® issue perhaps, go« back to the Orono Baseball Assocanon proposal for baU fields and the need to determine if they are not strictly associated with the school, how •'’“f ® *" with the residential zoning. Then, with the additional proposal for an ice arena, these two issues prompted the need to look at a possible amendment. Mabusth advised that if the school was to come in and apply for a conditional use permit for an ice arena, it could be done under the school umbrella. Schroeder moved, Lindquist seconded, to table the proposed zoning code amendment to allow for a work session to discuss all the items pnor to approval of any arena constniaion. He noted the need for approval of a conditional use permit for an arena^ Schroeder said interested panies would be notified of the work session. It was furthj noted that a public hearing would be scheduled prior to any vote on an ice arena. Smith commented that the neighboring area would be given notice of the public heanng^ Schroeder also noted that the non-profit organization is holding the neighborhood meeting and that is separate from a public hearing, which would be held m the future. Vote. Ayes 4, Nays 0. (H6) PROPOSED ZONING AMENDMENT, MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 9 (C) - 9:36-9:50 P.M. The Cenificate of Mailing and Affidavit of Publication were noted. Schioeder commented that this proposed zoning amendment is in regards to oversized accessory structures. He asked if the ice arena would be aftected. Gallron sad no, noting that the arena is not an "accessory" structure unless the school came m wth the appUcation. Schroeder e.\plained that the table that refers to the aUowable sizes of accessory structures does not relate to properties over 9 acres. Gafrron reported on the code as it presently is written and the table regarding acc^sory -maure sLes For any accesson' structure over 1000 s.f, there used to be a need fora variance until me current code was established. Exhioit C, Gaffron explained, lays out the proposal to expand the table relating structure size limits to lot size for properties over 10 Lres Option #1 is based on lot area percentage, where Option 2 is generated by additional increments of square footage with additional acreage. Gaffron asked the Planning Commission to make a comparison of the two and decide on the appropriate measure or suggest other alternatives. The buffer stipulation requires more land surrounding a larger building. minutes of the ORONO planning COl^SSION MEETING HELD ON JANUARY 16, 1996 (#6 - Proposes Zoning Amendment - Continued) Lindquist asked how many ^ 'mpikariom'thiA n^this amendment Gaffion said there have hew 2-3 appUcatiore wni s« required variances if a complete table had originally been adopted. He not^ m^ l» ™^ons have me. die tSile standards and did no. need a r^t of an amendment would be a reduction in the number °f ^ ~uld be Lindquist said the problem he s^ that if a stnicture was over .000 s.f. i. stdl could be objectionable and should be reviewed. Hawn said if the char, was followed and a buil^g was <J-^ " rase by*^'” envision what people are designing. Hawn said she would 1 ,ju^-000sf and cSTon comment^ that today at 10 acres, oa^ceJs asked if she was suggesting stopping at that ^“'^^^id^he wa? referring to individualSC s continue to review others. Lindquist agreed. Schroeder asked if the Staff felt they were overburdened by this limitation. Both Mabusth LdGafifon said that was not the case, that the number of variances is mmimal. l-ecor^nr that the Council be advised the Planning Commission does not see a need to revise the tables. Vote: Ayes 4. Nays 0. TO:Chair Peterson and Planning Commission Members FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:January 4, 1996 SUBJECT: Proposed Zoning Code Amendment - Oversized Accessory Structure Table List of Exhibits A - Section 10.03, Subd. 9 B - Amendment Option 1 C - Amendment Option 2 D - List of Typical Oversize Accessory Structures Summary It was recently pointed out that the oversized accessory structure ordinance adopted in 1989 places a 3,000 s.f. limit on the footprint area of individual accessory buildings, and a 6,000 s.f. limit on the aggregate square footage of all accessory buildings on a property, regardless of acreage in excess of 9 acres. It was suggested to staff that this be expanded to allow additional square footages for properties larger than the current 9-acre threshold. A number of options are presented for Planning Commission's consideration. Background A recent building permit application for an accessory structure on a 20-plus acre residential parcel required a variance application due to the 6.000 s.f accessory structures limit per the table in Section 10.03, Subd. 9(C-2). That table, and the requirements for meeting principal structure setbacks, limiting height, and requiring execution of a wTitten covenant, were adopted in 1989 to allow some flexibility for accessor>' structures on large properties without the need for a variance. The current table sets 1.000/2.000 s.f limits (each accessory structure/all accessory structures) for lot areas less than 2 acres. Tlie table then adds 200/400 s.f for the third acre; an additional 200/400 s.f per each additional half acre until the 5 acre threshold: then 200/400 s.f per additional acre up to the 9 acre threshold, above which no additional square footage is allowed. In each case, the allowance for total accessory structures is double that for individual structures. The table yields a <fn-reasing percentage of lot area potentially covered by accessory structures as lot nrp.n increases. For example, a 2 acre lot with 2.400 s.f of accessory structures is 2.20% covered. A 5 acre lot with its allowable 4,000 s.f of accessory structures is 1.93% covered. A 9.01 acre lot with its full complement of 6,000 s.f of accessory' structures is 1.45% covered by accessory buildinus. Proposing Zoning Memo January 4,1996 Page 2 With the current 6,000 s.f. limit, a 20 acre lot would be 0.69% covered, a 30 acre lot would be 0.46% covered, etc. Two Options for Table Eipansion Option 1 would limit individual and total accessor>' structure square footages based on a specified percentage of lot area. One possible limit is 0.70% of lot area per individual structure, and 1.40% of lot area for the total accessory structure areas. For a 20 acre lot this yields 6,100/12,200 s.f.; for a 30 acre lot yields 9,150/18,300 s.f. Option 2 takes a slightly different approach, adding 200/400 s.f. for each additional acre above 10 acres. The yield here for a 20 acre lot is 5,000/10.000 s.f; and for a 30 acre lot is 7,000/14,000 s.f Option 2, therefore, yields slightly reduced square footages than Option 1. Why Change the Current Table? The argument in favor of e.xtending the e.xisting table is that it currently gives no direction as to what may be appropriate for larger acreages. It dictates that any individual accessory building over 3,000 s.f, or any total of structures e.xceeding 6,000 s.f, will require a variance. Why not require a variance for such large structures? Perhaps the main concern is that it is difficult if not impossible to define a legitimate hardship that justifies exceeding the limits. U there a nvison for setting an absolute size limit on individual accessoi-x' buildings regardless O.f.lPi There are no specific limitations in the Building Code, other than requiring higher design standards as buildings get larger. However, recall that Subdivision 9(C-3), Item c, requires the owner to execute a covenant that limits future subdivision of the property as long as the building exists. The owner clearly accepts tlie risk of constructing an expensive building that may become a liability to the property by hindering its future subdivision. Is there a threshold at which building si7e becomes an aesthetic issue regardless o f the si7,e of thg property? Should there be specific screening requirements for structures over a certain area or dimension? Should there be compatibdiw requirements such as e.xterior wall finish, color, etc. for extremely large buildings? Should they be set back further from lot lines than principal structure nimimums.' Should the limit on the si /c of individual accessory' structures stav at 3.000 s.X? If so, we might still want to allow more than 6.000 s.f of total accessory structures for properties of 10 acres or larger. Recall that a property is allowed only one oversized accessory structure. Proposing Zoning Memo January 4,1996 Page 3 Third Option Option 3. If there is no legitimate hardship for an oversized accessory structure, and if the City wants to have some aesthetic control over individual buildings over 3,000 s.f., then consider expanding the individual building table via a conditional use permit. Make individual larger buildings a conditional use, and require additional necessary controls as part of conditional use permit approval. Expansion of the "total accessory structures" allowance could be accomplished by changing that part of the table without making it a conditional use. Staff Recommendation Planning Commission should discuss its goals regarding oversize acccssor>- structures and conclude whether the current limits are appropriates whether the individual structure limits or total structure limits or both, should be revised to avoid the need for variance requests; or whether the table should be expanded to allow larger structures (or more total square footage of structures) via a conditional use permit or under stricter performance standards. Lj.O I .• . • ? • . .4 I • I • • i •• • .V • • *1 ••• T •. . * 1 / I V 1-^exfi.A Sttbi One Building Per DevelopnenbsPlanned Resident! ^ more than one princi^ ^ that staff may issue a pe ^ meet all required setback s ^ new principal structure is bex issued for a period of 3 months, the City and shall expxre ui occupancy for the new Lot. Except in provided for building shall be lo« it to use a dards or an cona structe^ and su( § 10.03 case of ^nafter, no on a lot except __ _that shall sting dwelling while a Such permit shall be must be approved by uance of a certificate of structure removed. manuf cted. extensions Source: Adopted .nance 26, 2nd Series 7- 8. Lots to Face Streets. Each lot easement. sh^^^^ace on a public s^^i^ or appropriate_p^iv^ Accessory Buildings. A. Time of Construcfion t"he "tfSI of structure shall be to which it is accessory,construction of the principal building to wnicn B. Height o”f°the''princYpar\^^^^^ the "R" District shall g^®3,Jid^30 feet in height,nor shall an accessory building exceea j Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area square feet of footprint areaaccessory buildin| shall exceed__^^ i" "u'bc allowed “der "ihe following conditions: 1. Not more than one Oversized Structure (OAS) si’s! 1.an tccenor?"t'ructure of foot- Lcessory Structure” rs ffet’', except that the lfl\":winyno:;-r:^ ^^hstr/e^^Vs “^O^fersTz%*‘^ AVc^e^^ssS'/y lt%°uVtu«s^.“u\%«”suE3rct to the special setback restrictrons of Section 10.03, Subdivision 14 (D). - Tennis courts i. h;:i«?in structure (excluding non ;„:?oVc^h;en“^.typl7abio^^“is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) I •• /• • • S 10.03 2. Oversized reflated by the following table: Accessory Structures are Lot Area 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre 3.51- 4.00 acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre 8.01- 9.00 acre 9.01 acre or more Maximum Individual Accessory Structure Footprint Area_ 1.000 s.f. 1.200 s.f. ^, 4'-. 0 s • f ♦ 1.600 s.f. 1.800 ^.f. 2.000 S.f. 2.200 s.f. 2,400 s.f. 2.600 s.f. 2.800 s.f. 3.000 s.f. Maximum Allowed Total of All Accessory Structure Footprint Areas* r»n a Property 2.000 s.f. 2.400 s.f-. 2.800 s.f. 3.200 s.f. 3.600 s.f. 4.000 s.f. 4.400 s.f. 4.800 s.f. 5.200 S.f. 5.600 s.f. 6.000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arena 3. Any oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall "urth”/. ^^such^ltructure'shlll be nearer Un? f n resrtbln°Vo“;*’;'rorthrsr/e or rear lot line regardless wberher less strict principal structure setbacks apply. b) The maximum height for such ... - eViai 1 h«» 30' or the defined he.ight of tne p?fnc“°a7 residSJce structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that F l^=“\\e “ructure within a lot ‘hat ^as^no f“'’“"lMv'%“ranra flfitl t^me per^fod^ in’'which the oversized st^ructure may remain without a principal structure, in accessory structure may constructed. At t;.e end of ?Jiftimfperfod thl oversized acce^ssory structure must be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) s 7.0.03 ii. If the property^ is subdivided, the oversize ^Yot that meets the ^iven si.e of accessory building. iii. In subdivision approval , the setback required for the oversize accessory structure defined herein shall remain. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 n Location. No detached garages or other accessory buiia!;, oS fotnhi^S line than the yard adjacent tc a street, have frontage on a street or rear yards of such accessory buildings reauirements of Section 10.23, lots are subject to the setba . g^j^^^^igion 5 (B) and Section subdivision 6 (B). ?«=f.Y%i^Vpt^hat dVt^ched ,ara,es may be 10.25, Subdivisiort 6 (B) except r doors face located 10 ^®®t turn-around is provided on site. This trc?ion°sh?i\YoYa"pp\"y ^o'lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 ■ 1. vocation of Principal Building to Lakeshore. No ^^y^high w^ter mark^?f Y lake abutting thefeet to the natural ordinary nign water m . ^ermined as the mean property. ®tetJ^en Y^e^ natural ordinary high water mark on thriakes'*. .re and the allowable building line. 2. variance From Lakeshore thall Ye^YefeYed^ tY thYninnehaha^Creek Watershed District for its Approval before final action by the Council. Source: Ordinance No.' 155 Effective Date: 2-14-74 * ORONO CC 255-2 (4-1-84) --$ * • • b S 10.03 I • .• *•'•• • # •• \ E. setbacks. y3,Ve?dtn^^000®^ square feet footprint area ® ,5 fget from any lot line,footprint area shall be located at least 15 feet trom y mm mm ^ J ^ ^mmm mm mmSource: Ordinance 72, 2nd Series Adoi - - .ted: 8-14-89 subd. 10. conditional Os. f-l’^”s«i''cts %'ha"! sory buildings on through lots located in R Distric require a conditional use permit. subd. 11. D««lli»9Dse prohibited. NO tent, trailer, or accessory building shall at any time an occupied dwelling. W , -r < ■■ Option 1 - Based on % of Lot Area 2. Oversized Accessory Structures are regulated by the following table: Maximum Allowed Approximate Maximum Individual Total of All Accessory Percentage of Accessory Structure Structure Footprint Areas*Total Average Lot Area Footprint Area on a Property Lot Area 0-1.99 acre 1,000 s.f.2,000 s.f.4.59% 2.00-3.00 acre 1,200 s.f.2,400 s.f.2.20% 3.01-3.50 acre 1,400 s.f.2,800 s.f.1.98% 3.51-4.00 acre 1,600 s.f.3,200 s.f.1.96% 4.01-4.50 acre 1,800 s.f.3,600 s.f.1.94% 4.51-5.00 acre 2,000 s.f.4,000 s.f.1.93% 5.01-6.00 acre 2,200 s.f.4,400 s.f.1.83% 6.01-7.00 acre 2,400 s.f.4,800 s.f.1.70% 7.01-8.00 acre 2,600 s.f.5,200 s.f.1.59% 8.01-9.00 acre 2,800 s.f.5,600 s.f.1.51% 9.01-10.00 acre 3,000 s.f.6,000 s.f.1.40% JO.OJ acre or mure 0.70 % of lot area 1.40% of lot area 1.40% This yields as follows: 10.01 ac 3,050 sf 6,100 s.f 15 ac 4,575 s.f 9,150 s.f 20 ac 6,100 s.f 12,200 s.f 25 ac 7,625 s.f 15,250 s.f 30 ac 9,150 sf 18,300 s.f 35 ac 10.675 sf 21,350 s.f 40 ac 12,200 s.f 24,400 s.f 60 ac 18,300 s.f 36,600 s.f. i.e.+305 s.f./acre +610 s.f./acre * Excluding non-roofed tennis courts, pools, paddocks, arenas e>H~c Option 2 - Based on Additional Increment S.F. Per Acre 2. Oversized Accessory Structures are regulated by the following table: Maximum Individual Accessory Structure Maximum Allowed Total of All Accessory Structure Footprint Areas* Lot Area footprint Area on ^ Property 0-1.99 acre 1,000 s.f.2,000 s.f. 2.00-3.00 acre 1,200 s.f.2,400 s.f. 3.01-3.50 acre 1,400 s.f.2,800 s.f. 3.51-4.00 acre 1,600 s.f.3,200 s.f. 4.01-4.50 acre 1.800 s.f.3,600 s.f. 4.51-5.00 acre 2.000 s.f.4,000 s.f. 5.01-6.00 acre 2,200 s.f.4,400 s.f. 6.01-7.00 acre 2,400 s.f.4 800 s.f. 7.01-8.00 acre 2,600 s.f.5,200 s.f. 8.01-9.00 acre 2,800 s.f.5,600 s.f. 9.01-10.00 acre 3.000 s.f.6,000 s.f. 10.01 acre or more 3.000 s.f for first 6.000 s.f for first 10 acres plus 200 s.f.10 acres plus 400 s.f. for each additional for each additional acre acre TJiis yields as follows: 10.01 ac** 15 ac 20 ac 25 ac 30 ac 35 ac 40 ac 60 ac i. e. 3.002 s.f.**6.004 s.f.** 4.000 s.f 8.000 s.f 5.000 s.f 10.000 s.f 6.000 s.f 12.000 s.f 7.000 s.f 14.000 s.f 8.000 s.f 16.000 s.f. 9.000 sf 18.000 s.f 13.000 s.f 26.000 s.f. 4-200 s.f./acre -\-400 s.f./acre * Excluding non-roofed tennis courts, pools, paddocks, arenas ** Interpolation would be allowed for 10.01 acres or more Comparison of Options 1 and 2 Lot Area Individual Structure Option 1 Option 2 10 ac 15 ac 20 ac 25 ac 30 ac 35 ac 40 ac 60 ac 3,000 s.f. 4,575 s.f. 6,100 s.f. 7,625 s.f. 9,150 s.f. 10,675 s.f. 12,200 s.f. 18,300 s.f. 3.000 s.f. 4.000 s.f. 5.000 s.f. 6.000 s.f. 7.000 s.f. 8.000 s.f. 9.000 s.f. 13,000 s.f. gXM C'l All Structures Option L Option 2 6,000 s.f. 9,150 s.f. 12,200 s.f. 15,250 s.f. 18,300 s.f. 21,350 s.f. 24,400 s.f. 36,600 s.f 6.000 s.f. 8.000 s.f. 10.000 s.f. 12.000 s.f. 14.000 s.f. 16.000 s.f. 18.000 s.f. 26.000 s.f. Example of Kin-<ting Oversize Structures To Use As A Size Reference Location of Building Bam North of Orono High School Newer Bam West of Co. Rd. 6 at Watertown Road Daycare at Co. Rd 6 & Hwy 12 Daycare at Hwy 12 & Luce Line (Southwest Side) Windward Marina Building (Co. Rd.l5) 45 x 90 Orono Council Chambers Orono Administration Typical Tennis Court Orono Police Dept. Lupient Barn North Side of Hwy 12 West of the Orono Schools Former Kokesh Barn NW of Watertown Rd. Sl Orchard Park Orono Public Works Building Long Lake Tennis Bubble FwtpuDt__ 30’x 60'= 1,800 sf 30’x 80’= 2,400 sf 60’x 60'= 3,600 st 50’x 75'= 3,750 sf 45’x90 ’= 4,050 sf 80'X 55'= 4,400 sf 95 ’x 65’= 6,200 sf 60’x 120’= 7,200 sf 115'x 165'^ 7,500 sf 70’x 110’= 7,700 sf 60'X 160’= 9,600 sf 110'x235 ’= 26,000 sf 160’x210'= 34,000 sf <5>7 REQUEST FOR COUNCIL ACTION DATE: January ITEM NO.: / 3 % Department Approval: Name John R. Gerbardson Title Public Works Director Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Bid Award - Equipment &. Materials Bid 1996 The City of Orono advertised for two successive weeks for street materials and equipment rental, with bid opening at 10:00 A.M. Friday, January 12, 1996. The enclosed tabulation contains a complete accounting of all bids. The accepted low bids for materials are determined by availability and location of materials. Traveling distance to a supplier is considered a cost factor when determining a low bid. When renting equipment with an operator, we are guided by the type, size of equipment, and an hourly rate. It is possible to award the low bid to more than one contractor when considering materials and equipment. In order to stimulate enthusiasm for the following year's work, we n ike sure to divide the work accordingly among these low bidders. In the event the low bidder is not available, the City reserves the right to purchase from the next alternate. COUNCIL ACTION REQUESTED: I recommend that the City Council accept the bids as presented for the calendar year 1996. CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE • CLASS 5 GRAVEL TON PIT DEL. CLASS 5 GRAVEL TON RECYCLED PIT DEL. FA-2 CLASS C (SEAL COAT) TON PIT DEL. FA-1 1 (WINTER SAND) I TON PIT DEL. Wm Mueller & Sons 3.21 7.21 6.99 10.99 1.93 5.93 Barton Sand & Gravel Co.3.35 5.90*3.99*6.49*2.93 ,..51 Midwest Asphalt Corp.4.12 6.62 rischcr Aggregates, Inc.2.98* 6.03 6.92*9.97*1.76*4.81* * Denotes low bid CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY ILVTE I 1/2" CLEAN CRUSHED LIMESTONE TON PIT DEL. 1 1/2" MINUS CRUSHED LIMESTONE TON PIT DEL. 3/4" CLEAN CRUSIII D LIMESTONE ION PIT DEL. .3/4" MINUS CRUSHED LIMESTONE TON PIT DEL. Bryan Rock Products 4.59 8.19*4.59 8.19*5.65 9.25*4.48 8.08* Wm Mueller & Sons 4.58*8.58 4.58* 8.58 5.64*9.64 4.47*8.47 1 MC 30. 70, 250, 800 GALLON PLAN I DEL. PLACED CRS - 1&2 GALLON PLANT DEL. & PLACED RC 250-800 GALLON PLANT DEL. & PLACED Wm Mueller & Sons 1.86* * Denotes low bid CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE MOD. PINE MIX 2341 AC TON MOD. F^’^'EMIX 1 2341 MC 1 TON 1 , 50-50 2341 AC/MC TON PLANT DEL.PLACED PLANT DEL.PLACED PLANT DEL.PLACED Wm Mueller & Sons 19.64*23.94*27.39 Midwest Asphalt 24.06 26.95 26.95* Commercial Asphalt 23.4511 * Denotes low bid CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE ALL PRICES TO BE DELIVERED 12" CMP 16 GAUGE 15" CMP 16 GAUGE 18" CMP 16 GAUGE 24" CMP 14 GAUGE 24" CMP 16 GAUGE 36" CMP 14 GAUGE 48" CMP 12 GAUGE 60" CMP 10 GAUGE H.V, Johnston** —9.00 10.00 12.00 22.00 17.00 32.00 60.00 90.00 All Steel Products 7.86 9.69 11.45*19.13 15.13*28.22*51.52*81.47* Contech —7.50*9.50*11.50 19.00*15.50 29.00 53.50 84.00 * Denotes low bid ** II.V. Johnston price does not include Minnesota Sales Tax 5 CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK RENTAL PER HOUR CY RATE TRUCK R PER CY ENTAL HOUR RAl'E -------------------------------------------—--------------------- Schoening Excavating 12 42.00* FBN Diversified 11 43.00*12 43.00 ____________________________________________ 1 ifi 1 ----------1 * Denotes low bid ■sr •Oi*':sc'..fAi * »CITY OF ORONO1996 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE BACKHOE BACKHOE BACKHOE PER HOUR PER HOUR PER HOUR CY RAIE CY RATE CY RATE Schoening Excavating 1/2 55.00*3/4 65.00* I FBN Diversified 1.25 105.00* * Denotes low bid 3/4 TON PICKUP W/8 PLOW PER HOUR Schoening Excavating 8 ft plow 36.00/hr* FBN Diversified 7.5 ft plow 50.00/lir | WHEEL LOADER PER HOUR WHEEL LOADER PER HOUR WHEEL LOADER PER HOUR CY RATE CY RATE CY RATE Schoening Excavating 55.00*3 65.00* FBN Diversified 1/2 55.00*3 75.00 REQUEST FOR COUNCIL ACTION ^^96 DATE: February 6, l9^5MH0 ITEM NO. Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Seasonal Weight Restrictions Attached is a list of the recommended axle weight limit restrictions for each City street. The streets will be posted from March 15 through May 15, 1996. The normal length of time that restrictions are in effect is related to weather conditions. In the past several years, we have allowed solid waste haulers to continue their normal operations, limiting them to gross weight on any single axle of seven tons or 14,000 pounds. If a street shows signs of severe breakup, we will limit the solid waste haulers to smaller vehicles. An axle limit exemption for public service vehicles to be used during emergency situaf.ons has also been included in this resolution. I have drafted a resolution for the 1996 weight limits for Council approval COUNCIL ACTION REQUESTED: Proposed Motion: Moved by__, seconded by___, that Council adopt Resolution # establishing the 1996 Weight Limits for City streeLs from March 15 through May 15, 1996. Ayes , nays ch i The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono from March 15, 1996 through May 15, 1996 in accordance with regulations as provided in Chapter 6.11 of the Orono Municipal Code. No refuse collections vehicles shall be operated during the seasonal restriction time where the gross weight on any single axle e.xceeds 14,000 lbs. and no vehicles shall be operated upon any City street at any time where special posting specifically prohibits refuse collection vehicles. An axle limit exemption to public service vehicles namely Northern States Power Company, Wright- Hennepin Cooperative, Minnegasco, U.S. West Communication, Triax Cable and septic tank service companies that when responding to an emergency are hereby exempt from posted axle weight limit restrictions on City streets, .^n emergency response shall include but not be limited to power outages, gas leaks, emergency communication, line down or severed. The following streets are limited to five ton axle limits; etc. Arbor Street Chew Chase Drive Elmwood Avenue Baldur Park Road Chippewa Lane Ethel Avenue Barrett Avenue Concordia Street Eagerness Point Road Bay view Place Corral Road Fairview Cottage Bederwood Drive Country Club Road Farv'iew Lane Birch Lane Crestview .Avenue Femdale Green Blaine Avenue Crystal Avenue Ferndale Road West Bolin's Point Lane Cr>'stal Bay Road Forest Arms Lane Bohn's Point Road Crystal Place Forest Lake Drive Brackett's Point Road Cygnet Place Forest Lake Landing Briar Street Dahl Road Fox Ridge Road Brown Road. North Dickenson Street Fox Street tS. Brown to Carman Road Dickenson Street Alleys Orono Orchard ) Carman Street Dickey Lake Drive Fox Street (S. Brown Caroline .Avenue Dunwoody Avenue to Willow Drive) Casco Avenue Eastlake Street Fox Street (^84 to Casco Circle East Long Lake Road Willow Drive) Casco Point Road Eileen Street Frederick Street Cherrv .Avenue Elm Lane Glendale Avenue Cherry Place Elm Street Page 1 of 3 Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Road Hunter Drive Ivv Place Kee Avenue Kelly Avenue Kenwood Way Lakeview Avenue Lafayette Ridge Court Lakeview Terrace Leaf Street Lilac Lane Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Lydiard Avenue Lydiard Circle Lvman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive North Arm Lane North Femdale Road Northern Avenue Oak Street Old Beach Road Old Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Orono Townline Road Park Avenue Park Drive Park Lane Partenwood Road Pheasant L ■’ .vn Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Russell Avenue Shevlin Drive Smith Avenue Spates Avenue Spring Hill Road Spruce Place Starkey Road Stubbs Bay Road Tamarack Drive Togo Road Tonka Avenue Turnham Road Union Cemetery Road Vine Place Watertown Road Wear Lane North Wear Circle Webb Street Webber Hills Road West Femdale Road West Lafavette Road Westlake Street Wildhurst Trail Willow Drive (Dickey Lake Dr. to Sixth Avenue) Willow Drive (Sixth Avenue to Medina City limits) Willow Drive (from South Brown Road to Fax Street) Willow brook Road Windjammer Lane Woodhill Avenue Page 2 of 3 •• •I « The following arc nine-ton axle limit; Kelley Parkway Old Crystal Bay Road McCulley Road Tonkaview Lane Willow- Drive (from Watertown Road to Long Lake) Willow Drive (from Fox Street to Watertown Road) Willow Drive (from Highway 12 375' north to Otten Brothers driveway) The following bridges are limited to 18-ton per vehicle: 29 Tons per truck and full trailer or semi-trailer combination: Willow Drive West Femdale Road The following bridge is limited to 20-ton per vehicle: 36 Tons per truck and full trailer or semi-trailer combination: Old Crystal Bay Road Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held February 12, 1996. ATTEST: Dorothv M. Hallin, City Clerk Edward J. Callalian, Jr., Mayor Page 3 of 3 - - REQUEST FOR COUNCIL ACTION CiTVrQf, DATE: February 8,1996 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Tom Kuehn ^ City Admipistrator's Title Finance Director n'/^/ Report Item Description: 1995 G.O. Refunding Bonds - Resolution to Amend the Accounting Treatment of the Sewer Revenues and Assessments Attachment: Resolution Providing for Accounting Treatment of Sewer Revenues and Assessments The City adopted Resolution #3650 on December ' 1. 1995, which approved the sale of the General Obligation Refunding Bonds of 1995. the proceeds of which are being used to provide ftmds to call the outstanding G. 0. Improvement Bonds of 1985, and the G. O. Water and Sewer Bonds of 1989. We were looking for a method of simplifying the accounting for the refunding bonds by consolidating the various portions of the new debt from the Water Fund, the Sewer Fund, and the new Debt Service Fund into one Debt Service Fund. After discussions with both Carolyn Drude of Ehlers. and Steve Rosholt. the bond attorney from Faegre and Benson, we determined that the appropriate method to use in accomplishing this would be to have an amended resolution regarding the accounting for the refunding bond issue. The attached resolution was written by Steve Rosholt and reviewed by both Carolyn Drude and mvself. The purpose of the attached resolution is to simplify the accounting for the collection ot revenues and the payment of the debt on the 1995 G. O. Refunding Bonds by creating a separate debt service fund which will be titled: 1995 General Obligation Refunding Bond Debt Serv'ice Fund. The same sources of revenue, (special assessments, operating revenues, ta.x levies, and interfund transfers of funds as needed) will be used to pay the debt service on the bonds as were stipulated tor the original bond issues. As a result the balance sheets and the operating statements of the Water and Sewer Operating Funds w ill be simplified through the elimination of all accounts relating to the 1989 Revenue Bonds. ¥’ 4^-: COUNCIL ACTION REQUESTED: Adoption of the resolution providing for accounting treatment of sewer revenues and assessments. , seconded by,____, to adopt ResolutionPROPOSED MOTION: - Moved by,__ # , Providing For Accounting Treatment Of Sewer Revenues And Assessments , Nays___.Ayes r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ RESOLUTION PROVIDING FOR ACCOUNTING TREATMENT OF SEWER REVENUES AND ASSESSMENTS BE rr RESOLVED, by the City CouncU of the City of Orono. County of Hennepin, Minnesota, as follows: 1 On December 11 1995 this Council adopted a resolution (the "Bond Resolution") relating to the CitVs SI 910 000 General Obligation Refunding Bonds of 1995 (the "Bonds"), under which the City dedged pursuant to Minnesota Statutes, Senion 444.075 (the 'Act") to the pavanent of the Bonds reveLes^of the sewer and water svstems of the City and specal assessments trom Sewer Improvemm Proje« Nrss” an^plSged to levy ta.«s to the extent necessaty to pay the principal and mteres. on the Bonds when due The AO d«f not restrict the use of other avaUable funds to pay debt servtce on the Bonds tmd does not resttia the abiUtv of the City, consistent with the Bond Resolution, to allocate only portions of P''^ed revenue m the rav-n»nt of th“ Bonds if such sources are sufficient to meet the payments as they become itt®- Iti order m ^^ratw .0 the City's financial plan, the City hereby creates a ObUgation Refunding Bond Debt Service Fund (the "Debt Service Fund") arid shall deposit pledgri fends and cenain other fends Lathe Debt Service Fund to pay debt service on the Bonds as provided m paragraph „ hereof 2 So long as the Cicv is in compUance with the Bond Resolution and sufiBcient funds me av^able to pav debt service on the Bonds, the City shall deposit in the Debt Service Fund the following order of application until sufficient fends on deposit therem to pay pnncpal and .merest on the Bonds when due on the next payment date: Special assessments levied with respect to projects financed by the Senes 1985 Bonds and the Series 1989 Bonds. (b) General taxes in an amount equal to the deficiency levies relating to the Senes 1989 Bonds, less debt service savings resulting fi-om the issuance of the Bonds. (c) Transfers from the Sewer Fund and Water Fund maintained by the City. To the extent such sources or other appropriated funds are insufficient, the City shall apply all net reve the sewer and water system and levy ad valorem taxes as required by the Bond Resolution. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk -4yd fv #4-A,N &REQUEST FOR COUNCIL ACTION DATE: Feb 8, 1993^. ITEM NO: / ^ Department Approval: Name: Chris N^ler Title: Asst. Finance Director Administrator Reviewed: % Agenda Section: City Administrator's Report Item Description: Resolutions to Amend the 1996 Tax Levy and Debt Service Budget Attachments : Tax Levy Resolution, Debt Service Budget Resolution On December 11, 1995, Council adopted the 1996 Tax Levy and Debt Service Budget. The resolutions outlined the tax levy and debt service requirements known at the time. Council also approved the sale of the 1995 General Obligation Refunding Bonds, and the subsequent call of the 1985 and 1989 Improvement Bonds. The sale of the Refunding Bonds took place on December 26, 1995. This has necessitated the adoption of resolutions to amend the 1996 tax levy allocations, and debt service budget. Tax Lew' vcsolution The attached Tax Levy Resolution calls for the reallocation of $46,000 to the 1995 Refunding Bonds. This was previously dedicated towards the 1985 Sewer Improvement Bonds, which have since been called. A portion of the debt service burden for 1996 has shifted from the 1985 Bonds to the 1995 Refunding Bonds, which now requires the tax levy. The total amount of the tax levy collectible in 1996 will remain unchanged at $2,080.840. of which $392.900 is dedicated for the Debt Service Funds. Debt Service Budget The attached Debt Service Budget Resolution calls for the adoption of the 1996 debt service budget in the amount of $2,514,142. The change is a result of the sale of the 1995 Refunding Bonds, and subsequent call of the 1985 and 1989 Bonds. This represents an increase of appro.ximately $1,500,000 which reflects a one-time charge to pay the outstanding principal on the called 1989 Bonds, (using the proceeds of the 1995 Refunding Bonds sold in December, 1995). As a result of the sale of the Refunding Bonds, the City will recognize a substantial savings in its debt service costs. Council Action Requested Adoption of the resolutions amending the 1996 Tax Levy and Debt Service Budget. j seconded by.PROPOSED MOTION: - Moved by,____ #______, Amending the 1996 Tax Levy and Debt Service Budget Ayes______Nays_______. , to adopt Resolution J v; i> /^ Ay ^ tl GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ______ A RESOLUTION AMENDING THE FINAL 1995 TAX LEVY COLLECTIBLE IN 1996 FOR DEBT SERVICE BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin, Minnesota, that Resolution #3646, which adopted the final 1995 Tax Levy Collectible in 1996, is hereby amended to reflect the effects of the sale of the 1995 General Obligation Refunding Bonds* and the subsequent call of all outstanding principal of the 1985 General Obligation Sewer Improvement Bonds prior to January 1, 1996, with the reallocation of the tax levy for debt service from the 1985 Bonds to the 1995 Bonds. Genera.l - Operating $1,647,940 - Infrastructure Replacement 40,000 TOTAL GENERAL LEVY G.O. Sewer Improvement Bond 1992 G.O. Sewer, Water, Street Improvement 24,000 Bond 1982 4,500 G.O. Refunding Bonds 1995 46,000 G.O. Water & Sewer Revenue Bond 1989 Bonds of Other Government Units - 90,000 K.R.A. Building Bond 1991 228,400 $1,587,940 TOTAL SPECIAL LEVIES TOTAL ALL LEVIES 392,900 S2.080.540 Further, the reallocation between the two bond issues does not alter either the total of all levies or the allocation by purpose for the levies. The Citv Clerk is herebv instructed to transmit a cenified copy of this resolution to the County Auditor of Hennepin County, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held Februar}' 12, 1996. ATTEST: Edward J. Callahan, Jr., Mayor Dorothv M. Hallin. Citv Clerk 120793.1 (^RU^/'OAL, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 4 8____ A RESOLUTION ADOPTING THE FINAL 1995 TAX LEVY COLLECTIBLE IN 1996 purposes: $1,647,940 40.000 $1,687,540 General - »aplace:nent total general levy G.O. Sewer Improvement Bond 1992 G.O. Sewer Improvement Bona 1985 G.O. Sewer, Water, Street Improvement Bond 1582 G.O. Water i Sewer Revenue Bond 1.98 9 Bends of ether Government Units - H.R.A. Building Bend 1991 '"Q'”—Tj SPECIAL LEVIES TOTAL ALL LEVIES The Cic>' Clerk is hereby instructed to transmit a cenified copy of this resolution to the Count>' .^uditor of Hennepin County. .Minnesota. Adopted by the City Council of the Cit>- of Orono. Minnesota at a regular meeting held December 11, 1995. 24.000 46.000 4,500 90,000 223,400 392,900 ATTEST: /Vr7#,~Yn Edward J. Callahan, Jr., Mayor >Dorotliy M. H^m, Cit)' Clerk i:0793-I m c/| CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ A RESOLUTION TO AMEND THE 1996 DEBT SERVICE BUDGET BE IT RESOLVED, by the City Council of the City of Orono, countv of Henneoin, Minnesota that the 1996 Debt Service budget adopted by Resolution #3648 on December 11, 1995 is hereby amended to be as follows: Estimatied Revenues Taxes Special Assessments Interest Income Use of Fund Balance TOTAL Revenues Appropriated Expenditure Debt Seir/ice Other TOTAL Expenditures Estimated Revenues Taxes Special Assessments I n t e rao ve rr.men t a 1 Interest Income Sewer Operations Transfers From Other Funds Bond Proceeds Held in Escrow Use of Fund Balance TOTAL Revenues Appropriated Expenditure Debt Service Called Bonds Other TOTAL Expenditures 1982 Improve Bonds $ 4,500 2,000 14■186 $ 2Q^_i3o $ 20,506 _ _ _180 S 20.686 1989 Revenue Bonds $ 90,000 73,980 34,806 1,550,000 T 06■870 8: ■85= . 656 $303,031 1,550,000 2 ■ 625 81.R85■656 1995 Refxmding Bonds $46,000 16,690 14,550 S77.240 $46,070 1.330 847.400 1991 Public Facil Revenue Bonds $228,400 35,442 24,515 130,000 8418.357 $404,515 8404■515 1992 Improve Bonds $ 24,000 103,755 43,000 18■130 $185.885 $183,145 2.740 81 85.385 Adopted by the City Council of the City of Orono, Minnesota t _■_ _T--1J _ _ _ _ __ no 1 QC><; Y ^ ^ ^ a regular meeting held February 12, 1996. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Haliin, City Clerk ::o79S.2 I* I G- ' ajA-L. REQUEST FOR COUNCIL ACTION JS9e DATE: January 18, 1<S9®'0 ITEM NO:/7 Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse Title City Administrator ’fy'A Administrator’s Report Item Description:/ Replacement of Fishing Pier Docks • The City currently installs four (4) 48 foot fishing pier docks and three (3) swimming beach docks each year. The current docks are in eight foot sections. The installation of these docks requires a considerable amount of time and effort. In order to substantially reduce the amount of time spent each year installing and removing the docks, it is recommended the city begin to replace the current docks with portable roll-in docks. The vendor has stated that with normal use the docks should last 20 years. The docks can be transported to the Public Works rear yard area when not in use by either towing or hauling on a flat bed trailer. In order to spread the cost of replacement over a number of years, and to ensure the portable docks adequately meet the needs, it is recommended the replacement program begin with the purchase of two (2) portable docks in 1996. The cost of the two docks, delivered and set up, is $3,538.07. COUNCIL ACTION REQUESTED: Motion to approve the purchase of two (2) Hewitt 4 foot X 32 foot straight docks from Eckloff Docks at a cost of $3,538.07 to be funded from the Park Fund. ( 1% . ^ Department Approval: Name John R. Gerhardson Title Public Works Director REQUEST FOR COUNCIL ACTION 1996 DATE: ITEM NO.: Administrator Reviewed:Agenda Section: Public Works Item Description: Community Development Block Grant Program 1996 In 1995 the City received approximately $22,000 through the Community Development Block Grant program. The monies were allocated as follows; 1. Interfaith Outreach Community Partners (lOCP) $1,500 2. WeCan Operations 1,500 Westonka Intervention 1,784 Rehabilitation of Private Property - Single Family 14,198 Sewer Connection Grant (North Long Lake Area) 3,000 j. 4. 5. $21,982 For 1996 the estimated amount proposed is $22,177. We have been advised that public service agency allocations should be kept to 20% of the total amounts allotted. It should also be noted that the Rehabilitation of Private Property - Single Family has a negative balance of $12,380. In keeping within the guidelines of HUD and the fact that there is a negative balance in the Rehabilitation of Private Property - Single Family, the following is a suggested allocation breakdown for 1996: 1. WeCan Operations $ 1,466 2. Westonka Interv'ention 1,466 3. Interfaith Outreach Community Partners 1,466 4. Rehabilitation of Private Property - Single Family 17,779 It is also required that the City conduct a public hearing on the matter to receive citizen input. I am recommending the public hearing be held at 7:00 p.m. on March 11. 1996. I have prepared a sample public hearing notice for Council rc’ lew. COUNCIL ACTION REQUESTED: To conduct a public hearing at 7:00 p.m. on March 11, 1996 in the Orono Council Chambers, 2780 Kellev Parkwav to receive citizen input regarding the allocation of Community Development Block • ^ Grant Funds for 1996. AlOO 4 •NOTICE OF PUBLIC HEARING ‘ " 1996 URBAN HENNEPIN COUNT Y ^ COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Orono in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974. as amended, is holding a public hearing on March 11, 1996, at 7:00 p.m. in the Orono Council Chambers, 2780 Kelley Parkway, Orono, Minnesota. The public hearing is on the housing and community development needs, priorities of the City and Urban Hennepin County and the City’s proposed use of the 1996 Urban Hennepin County Community Development Block Grant Program proposed planning allocation of $22,177. In addition, during the July 1. 1996 to June 30.1997 program year, it is estimated that no additional program income from locally funded CDBG activities will be available to the City. The City of Orono is proposed to undertake the following activities with 1996 Urban Hennepin County CDBG funds starting on or about July 1,1996. Activity WeCan Westonka Intervention Interfaith Outreach Community Partners Rehabilitation of Private Property - Single Family Budget S 1,466 1.466 1.466 17,779 For additional information on the priorities, proposed activities, level of funding and program perfonr.ance. contact the City of Orono at 473-7357 or the Hennepin County Office of Planning & Development at 541-7080. The public hearing is being held pursuant to MS 471.59. '"ffi leREQUEST FOR COUNCIL ACTION DATE: February 9, ITEM NO : Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator’s Report Item Description: Seasonal Golf Staff Pay Range In preparation for the 1996 golf season, the Golf Supervisor has recommended a new pay schedule for golf clubhouse seasonal staff. The pay schedule brings the pay levels of Orono staff more in line with the pay of staff at similar courses (see the attached pay survey information). The Orono Golf 1995 pay range is $5.70 per hour to $6.50 per hour. The recommended range for 1996 if $6.00 per hour to $6.90 per hour. COUNCIL ACTION REQUESTED: Motion to approve a pay range of $6.00 to $6.90 per hour for the seasonal golf clubhouse staff for 1996. •riVO GOLF STAFF PAY SURVEY* * COURSE # HOLES PAR WAGE Brookland Executive Brooklyn Park (Municipal) 9 29 Start - $6.20 3 Yrs - $6.90 Castle wood. Forest Lake- owned by City but leased 9 36 Start - $6.(X) Centerbrook (Municipal) Brooklyn Center 9 27 Start - $7.75 3 Yrs - $8.75 Red Oak (Public) Privately owned 9 27 % $7.00 Meadowwoods, Minnetonka Privately owned 9 29 Start - $6.25 New Hope Village Golf (Municipal) 9 27 Start - $5.45 1 Yr - $5.95 2 Yrs - $6.55 3 Yrs - $7.05 REQUEST FOR COUNCIL ACTION DATE: Februa ITEM NO: ^ ^ 1996 ^0 Department Approval: Name Ron Moorse Title City Administrator Item Description: Public Works Vehicle Replacement .dministirator Reviewed:Agenda Section: Administrator’s Report The 1996 Budget includes funding for the replacement of a one-ton dump truck and the replacement of ‘'a 1/2 ton pick up truck in Parks and Public Works at a total cost of $34,000. In preparing for the purchase of the one-ton dump truck it was discovered that the budgeted amount of $22,000 included only the cost of the truck (cab and chassis) and not the cost of replacing the dump box and plow. The total cost for the truck, dump box and plow is esnmated to be $32,000. Due to the under-budgeting for the dump truck, staff recommends eliminating the purchase of the 1/2 ton pick-up and reaUocating the budgeted funds from the pick-up to the dump truck for a total budgeted amount of $34,000. The city purchases its trucks through the Hennepin County Joint Purchasing process. The current low bid vendor for the cab and chassis is Erickson Chevrolet, Dawson, Minnesota at a cost of $24,324. The dump body and plow will be purchased and installed by a different vendor. The total cost breakdown for the replacement of the dump truck is as follows: A.Truck (cab and chassis)$24,324 B.Dump box $ 4,000 C.Plow $ 2,900 TOTAL $31,224 COUNCIL ACTION REQUESTED: Motion to authorize the purchase of a one-ton cab and chassis from Erickson Chevrolet at a cost of $24 3'>4 as per the Hennepin County bid; and to amend the budget by increasing the Park s one ton^ruck appropriation by $12,000 and reducing the Public Works pick-up truck appropriation by $12,000. N &7 XREQUEST FOR COUNCIL ACTION Q% ^ , DATE: February 9,199oS|;^ ITEM NO: Department Approval: Name Tom Kuehn €■ Administrator Reviewed: Title Finance Director' Agenda Section: City Administrator ’s Report Item Description: 1996 Insurance Policy Premium Tabulation and Award Recommendation Attachments: Insurance Policy Premium Tabulation Letter from Carl Bennetsen outlining coverage improvements Attached is a comparative tabulation of the 1995 actual and 1996 renewal insurance premiums, and the 1996 budgeted amounts. At this time we are recommending award and payment of the policies for all except the golf course liquor liability, which renews April 1; and the worker compensation, which was approved and awarded at the January 8, 1996 Council meeting. The City will continue to carry an umbrella excess liability policy of S2 million in 1996, and as in 1995 will not waive the statutory limits established by Minnesota Statutes 466.04. The estimated cost for all policies and the agent of record for 1996 is $134,226 compared to $140,825 for 1995, and $144,165 for 1994. This year the City will have all coverages placed with the LMCIT program, as they have increased the scope of certain coverages. Mr. Carl Bennetsen, of R.L. Youngdahl & Associates, Inc., is the City's agent of record as of Januar>' 1, 1996, and will be attending the Council meeting on this coming Monday to answer any questions Council may have. It is recommended that the 1996 insurance coverage be awarded as presented in the attaclunent, except for the policies previously awarded, or renewing at a later date. s& COUNCIL ACTION REQUESTED: Award of the 1996 insurance package effective January 1, 1996 as presented. PROPOSED MOTION: - Moved by,, seconded by.to award the insurance effective January 1, 1996 to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $73,574, for the umbrella excess liability $17,758, for the petroftmd reimbursement $739, for the open meeting law $795, for the boiler and machineiy $1,201,and for the surety bonds, $876. Ayes___, Navs____, w CITY OF ORONO INSURANCE POUCY PREMIUM TABULATION INSURANCE (A) Renewal approved at 1/15/96 Council meeting (B) Umbrella S2 million, without waiver of immunity (C) Renewal date April 1st, estimated premium (D) Net fee after commissions. Total agent fee including commissions was $7,800 for 1995. (E) Fee for .sen-ace, agent receives no commissions in 1996. INSAWARD ACTUAL RENEWAL PREMIUMS AWARDED PREMIUMS PREMIUMS BUDGET POLICY TO 1995 1996 1996 Worker Compensation LMCIT $41,444(A)$30,583 $49,240 Comprehensive Municipal Property and Casualty: Property Vehicle Liab/CollAJM/Equip Inland Marine/Computers Garage Keepers Crime General Liability LMCIT $8,607 7,877 1,918 220 54 47.324 • $9,228 8,806 2,003 158 355 53,024 Total Comprehensive Municipal Property & Casualty $66,000 $73,574 $75,405 Petrofund Reimbursement LMCIT 821 739 740 Open Meeting Law LMCIT 789 795 795 Employee Dishonesty Bond LMCIT 1,700 876 1,700 Boiler LMCIT 777 1,201 1,100 Umbrella Excess Liability LMCIT 21,549 (B)17,758 24,300 Liquor Liability for Golf Course LMCIT 1,500 (C)1,500 1,575 Agent of Record Agent of Record Apple Valley R.L. Youngdahl 6,245 (D) (E)7,200 6,750 TOTAL ALL INSURANCE POLICIES $140,825 $134,226 $161,605 . • January 29, 1996 R.L. YOUNGDAHL & ASSOCIATES, INC. Mr. Thomas Kuehn, Finance Director C tty of Orono POB0X66 Orono MN 55323-0066 Dear Mr. Kuehn: Your premiums for the entire 1996 insurance program will be about $5,000 less than last year. This savings occurred primarily because of the large rate reductions in the Workers' Compensation and Excess Liability coverages. The Municipal Liability, Public Officials Liability, and AutomobUe Liability premiums increased this year. This is due to a loss of credits resulting from the City ’s 1994 loss experience. There are several coverage improvements that should be noticed: Property : Values have been increased from $4,879,580 to $6,570,130. Building values were increased 3% to keep up with inflation. Coverage for the lift stations and grinders (including above ground controls) was added to the policy this year. Inland Marine : All mobile and portable equipment items with a value below $5,000 are included without being scheduled at a specified limit. This includes miscellaneous portable equipment on automobiles that was previously insured separately. C rime : Public Employee Dishonesty Faithful Performance is now included in the LMCIT program. Coverage is broader than most dishonesty policies, and it’s designed to meet the Minnesota Statutory requirements. Boiler & Machinery : Your previous policy had very limited coverage on only a few items. The LMCIT coverage through Hartford Steam Boiler Insurance Co. provides limits of $5,(X)0,(X)0 per any “one accident” on any covered “objects” you own. This includes water system pumps, motors, etc. and waste water system equipment, such as pumps, agitators, air systems, electronic controls, motors, etc. The attached “insurance proposal” outlines the coverages and premiums in greater detail. Deductible coverage options at $1,000 and $5,000 are also included. Please let me know if you have any questions or concerns regarding this proposal. It has been a pleasure working with you and other City representatives during the renewal process. I am looking forward to continuing this relationship during the coming year. Sincerely,9 Carl A. Bennetsen Commercial Representative / Enclosure 10261 Yollow Circle Drive • Minnetonka. MN 55343-9307 • 612-933-7483 • 800-888-5324 • Fox; 612-933-0916________ ------------------------- ■ “ fMrtw oo recycled pooet COUNCI. MEETINQ FEB 12 1996 request for council action CRVi DATE: February 8, 1996 ITEM NO: c? ^ Department Approval; AdmlnWrator Reviewed: Name Ron Moorse Title City Administrator Item Description: Participation in Lake-Wide Goose Control Grant Application Agenda Section: Administrator ’s Report Around Take Minnetonka, goose control efforts (mostly through the Umversity of Minnesota) fre being fonded by neighborhood groups or cities. The lake area cities are now joining together with die University of Minnesota to apply for an LCMR matching grant for a lake wide goo control proeram The erant application provides that each of the 14 lake area cities will contribute $1,000, the U of M will contribute $14,000, and the grant will match the cities $14 000 for a total of $42,000. Each of these iimounts would be provided in each of two years 199?Tnd 1998. Please see the attached ’etter from Mr. Willcutt explaining the grant application. Because the grant application submittal date is February 23. the City Council needs to rn^e a decision regarding participating in the grant application at the February 12 Council The maximum cost to the city is SI.000 for each of two years. Because the cost would be incurred in 1997 and 1998 the cost can be included in the budget process tor each of those two years It may be possible to substantially reduce the city's contribution. There is at 10^1 cm reighborhood group in Orono that has been working with the U ot M program tor several year. ?r hisTroup cLtinues to make its contribution to the program, the e.ty's eonmbufon could be reduced by the amount of the neighborhood group's contribution which has been m the range of $1,(X)0. COUNCIL ACTION REQUESTED: Motion to approve/deny the city's participation in the Hearer expenditure of a maximum of Sl.OOO per year for the years 1997 and 1998 tor a lake g control program. r BOARD MEMBERS William A. Johnstone Chair. Minnetonka Douglas E. Babcock Vice Chair. Spring Park Joseph Zwak Secretary. Greenwood Robert Rascop Treasurer. Shorewood Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N Gralhwol Excelsior Duane Markus VVayzata Ross McGiasson Tonka Bay Craiq Moi.et Victoria Euqene Partyka Mmnerrista Tom Reese Mound Herb J Suerth Woodland Orono LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 612/473-7033 r" ■■January 31, 1996 __j . . -U FEB .2 1996 I • • Honorable Mayor Edward J. Callahan, Jr. 2545 No. Shore Dr. P.O. Box 72 Crystal Bay, MN 55323 RE: Lake wide cooperation in a Goose control program ~ LCMR grant application Dear Mayor Callahan: In an effort to control and in certain instances eliminate established concentrations of geese around Lake Minnetonka, the LMCD in conjunction with the University of Minnesota, the DNR and with the support of the surrounding Lake Communities is attempting to generate support to draft a LCMR grant application for goose control. Several preliminary meetings have been held to test the interest and feasibility for establishing a protocol for carrying out this task. The next step is the securing of a commitment for matching funds from all benefiting communities, as well as the U. of M., to move forward with a methodology to begin the grant-writing process. Based upon LCMR Grant requirements, it is proposed that each lake community budget $1,000 in 1997 and a like amount for 1998. In lieu of these amounts or a portion thereof, an in-kind matching contribution in the form of a city appointed coordinator to assist the U. of M. field staff f the project duration is also acceptable. the University will contribute an amount of over the same two year time period. This would bring the total project amount, with all contributing to $42,000 which would also be inclusive of Professor James Cooper, U. of M. Extension Specialist's time commitment. The final grant submittal date is 4:30 P.M., February 23, 1996, leaving us with a time period to respond. Should your council agre cc"; n#oc'4>d 30*'» Con'.um^f V LAKE MINNETONKA CONSERVATION DISTRICT to participate, a letter of ooniBitnent addresaed to Page 2 the LMCD would be in order. Please review the enclosures SopeJ'^Sr? cou!d*InaLr any questions please contact either of us: James A. Cooper Associate Professor College of Natural Sciences 104 Hodson Hall 1980 Folwell Ave. St. Paul, MN 55108 (624-1223) Sincerely G. Alan Willcutt Executive Director GAW:j eb Enclosures cc: City Administrators !■Notes on Oct. 31,1995 Meeting on Alternative Canadian Goose Control Approaches Dr. James A. Cooper of Univ. of Minnesota John Parker , DNR Urban Wildlife Oiachgrouncl Canadian geese are indigenous h UlCinnesoia, Suf f/ieir popufaiions used/o Be held down By naiuralpredators such as OK)/ues, coyotes and redJoxes. !Jls the predator nuniBers decreased in urBan areas the Canadian Seese returned and grew in nuniBers. U^accoons still take a stnaJItollo^gos/ings too. Shunting has kept the goose population outside the urBan area down to aBout l/j the urBan density. Uhie Uwin Cities attract Canadian Seese more than most urBan areas Because of our extensive wet/ands, streams £ lakes, But they are proB/ems in urBan areas across the northern haljojthe country andparts oj Canada. Uwin Cities goose population now is aBout 25,000. 'Predict (piadrupfing or even growth to 10 times as many if not contro/fed. UITany of our geese are only pausing in migration. Some nest and then fly farther north. c5o.';.v come up from JlCissouri and return in fate faff Some hatch their eggs, and then heave qos/ings with '^grandparents whife they fly farther north. ~foung rarely Breed until aBout 3 years old. ~jfounger ones often have to fight their e/ders for nesting sites. Concerns about Goose Population Goose flocks leave messy, smelly and unsanitarv’ deposits on lawns, playgrounds, beaches, golf courses, etc. Uea\v densitN of geese mav cause lake pollution. Geese sometimes attack people, especially children, TrafTic hazard. Reasons for Opposition to Goose Control Measures Many residents like to watch geese & other wildlife by their homes. Some residents object to “killing wildlife ’ -- “They ha\c rights too!” Some residents object to shooting or other noises, or fear safety. ALTERNATIVE APPROACHES Removal: Slaughter Collect hold and transport geese to remote locations Contract with University of Minnesota (Dr. Cooper) Pro: Effective over a year or two Now being used by many Metro cities Con: Geese come back after a year or two. Cost is around $1,000 per site University wants minimum of 25 geese at site ~ preferably 50. Round up, kill, process and donate to food shelf programs Done on a limited trial basis this year for first time Pro: Provides food (protein) for needy through food shelf programs Con: Is slightly more expensive than removal. Small numbers at present mean limited impact on population. Destruction Remove, break or spray eggs with vegetable oil to kill embryos of cg<?8 Pro: Effective in reducing reproduction Con: Often hard to find, reach nests — labor intensive & costly Prohibited by federal, state, city regulations unless special permits. Neighbors often object to destruction of “their birds.” Hunting Cities may grant hunting permits during early special goose hunting seasons Hunters must observe safety restrictions, especially in dense housing areas. Pro: Can make contribution to lowering goose density Con: Small scale means very limited impact Frequent opposition from neighbors Safety concerns if not properly supervised Dead Goose Dead goose decoys on property keep geese away temporarily. Decovs Pro: Effective in keeping geese from landing on property Con: Decoys must be moved every day or two or geese return. Scaring Devices Bird Scare Tape Firing noise makers from pistol launcher scare geese off property. Projectiles are either “screamers” or “bangers.” Pro: Effective for a day Con: Must be fired daily to have efiect on population Run mylar strips along shore -- 2 layers. 18 to 24 ” high Stronger if mylar is wrapped around string. Pro: Effective in keeping geese from coming off water to lawns. especially in molting season Con: Geese soon find and use any gaps. L!sually only shifts geese to nearby unprotected property. F Vegetation Barrier Retaining Wall Dogs Chemical Repellent Woodv vegetation border along shores keeps geese off lawns because they fear predators grabbing goslings in vegetation. Pro: Effective in keeping geese from coming up on lawns Natural vegetation along shore also reduced pollution. Con: Hard to maintain vegetation border as water level rises and drops. Unless vegetation is continuous geese will find a way through or around. Geese don’t like to fly up to top of wall if high enough (8 ft.) Effect similar to vegetation or string barrier Pro: Effective unless geese find a way through or around Con: Many shore residents don’t want shore walls Shoreland restrictions; very expensive to install Unleashed dogs, especially large ones, chase geese off property. Pro: Now working in parts of Woodland because we have no leash law Con: Dogs only chase geese to nearby property. Some residents object to dogs roaming freely and barking. Spray goose repellent chemical on area to be protected. Pro: Effective in sprayed area, according to manufacturers. Con: Expensive ($70 for 1/4 acre) Not yet DNR approved or recommended Must observe safety precautions in applying POSSIBLE JOINT ACTION TO CONTROL GEESE There w as some discussion of organizing joint action and financing from the 14 cities around Lake Minnetonka, since this region has a very high concentration of geese. (2, 000 geese counted on Minnetonka in June. ‘94) The cities would share the costs of a major and continuing effort. Such joint action w ould not simply push the geese to the next door neighbor. Many cities (Edina. Deephaven. Plymouth. Chanhassen) already have programs. ln\ite LMCD & Watershed District to participate. Seek fundinu assistance from the Leuislative Commission on Minnesota Resources. (This would require legislative support & lobbying.) Question: Should the cost be borne by the city or concerned residents? 10 31 95 xi:n LAKE MINNETONKA CITIES-CANADA GOOSE IMtOBLEM SUESJUNE.JULY, 1995SHE820 LAKE SUSAN HILLS OR^VE lAKEANN LAKE LUCY LAKElyUNNEWASHTA POND AT 8301 NEAR MOUNTAIN BLVO POND NEAR MOUNTAIN BLVD & OXBOW BEND SAOOLEBROOK TRAIL POND NEAR LAKE LUCY CARSONSBAY R0ON90NSBAY ST.UXJ1SBAY TMROPEPARK EXCELSIOR BAY GABLES CONDOMINIUMS ST. ALBANS BAY LAKE MINNETONKA 12421 HUNTINGDON LANE 2S11 CROSBY ROAD 3300 HAZELWOOD WEST CARGILL 6000 CLEARWATER CARGAL RESEARCH OFFICE CENTTER CARLSON TOWERS^TES APARIMENTS COMMUNITY CENTER FAIRWAYS OF WEST OAKS HHXCREST NURSING HOME HOUDAY LAKE WOODLAND FALLS HOMEOWTCRS SHADY OAK ROAD DIMPLE POND CITY SWIMMING BEACH LAFAYETTE COUNTRY CLUB LAKE MINNETONKA 2601 WEST LAFAYETTE RD LAKE MINNETONKA CRYSTAL BAY NORTH SHORE LAKE MtJNETONKA NARROWS BRIDGE AREA SMITH BAY LAKE MINNETONKA BRACKETTS POINT GLEASOTTS LAKE/OMMARON PONDS CHRISTMAS LAKE ENCHANTED ISLAND LAKE MINNETaiKA LAKE MINNETONKA TIMBER LANE AREA OF GIDEON SILVER LAKE 15 CLAY CLIFFE DRIVE NARROWS V/EST POINT LAKE MINNETONKA 555 BUSHAWAY RD (HWY 101) GRAYS B/‘Y WAYZATA SWIMMING BEACH LAKE MINNETONKA WOOOHWJ. OOUNTFIY aUB * LAKEMARION LAKE MINNETONKA 3110 MAPLEWOOD ROAD CITYCHAI^iASSB4 CHANHASSEN amiASS04 CHANHASSBI CHANHASSe^ CHANHASSEN CHANHASSEN DEEPHAVEN DEEPHAVEN DEEPHAVEN DEEPHAVEN EXCE130R GRfflWVOOO MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA MINNETONKA BEACH Mir>INETONKA BEACH OTTO croo cncro aoo PLYMOUTTVVMYZATA 9CREVAXX) 9CREV/J00 9CREVVXO 90REWCXXI TONKA DAY TONKA DAY WAYZATA WAYZATA VMYZATA WAYZAlAOROrJO WOOOLAMTS WOOOUVJDS 95 HUDSON MAPPROBLEM* REMOVAL RANDOM REMOVAL95 RANDOM REMOVAL95 REMOVAL REMOVAL95 REMOVAL REMOVAL95 REMOVAL REMOVAL RESUR'.TTY REMOVAL PROBLEM- PROBLEM* PROBLEM- REMOVAL95 REMOVAL95 REPEAT REMOVAL95 REIAOVAL95 REMOVAL95 REPEAT REMOVAL95 REPEAT REMOVAL95 PROBLEM- REMOVAL95 REMOVAL95 REMOVAL95 REMOVAL95 PROBLEM- PROBLEM* REMOVAL95 PROBLEM- RE MOVAL95 RFPEAT PROBLEM- PROBLEM- PROBLEM- PROBLEM- PROBLEM* PROBLEM* REMOVAL95 PROBLEM- PROBLEM- REMOVAL96 REMOVAL95 REPEAT PROBLEM- PROBLEM- 39 39 39 38 39 39 39 31 31 31 3 1 3 1 3 1 32 24 32 40 24 24 32 32 24 32 32 31 31 31 31 31 31 24 39 30 31 39 31 31 24 24 24 23 31 3 1 3D 3B 3B SB 5A 5A 3B 4C 4A 4B 5B 3D 3D 4B 2D 3A 4A 2D 3C 4AB 50 3C 2D 4B IB IB IB 1A IB 3A IB 4A 4D ID 4A 1C tC ID 2D ID 3C 5A 5A LAT 44.51267 44 5204 44 52595 44 52401 44 53259 44 533 44 52389 44.55277 44.5678 44 56157 44 5606 44 54567 44 56664 44.53722 44.57587 44.58261 44.56348 44.56444 44.58203 44.54524 44.5596 44.56593 44 59116 44.54041 44.54313 44.53812 44.55231 LONG93 32604 93 33418 93 33276 93 3665 93 31402 93 31700 93 32833 93.31711 93.31295 93.31652 93.30750 93 3371 1 ESTIMATED POPULATION Y B NON- TOTA 93 27502 93 26511 93.209 93.27912 93.26013 93.25099 93 28481 93.2901 93.35626 93.35588 93 29422 93 3307 93.34667 93 31669 93.36012 44.57615 9329766 44 58094 44 58409 44 56795 44 57203 93.31 16 93 32958 93 31038 93 30744 16 0 23 36 0 7 6 43 0 0 0 18 0 0 22 24 87 46 1 1 26 9 53 41 56 54 0 30 30 33 0 38 1 1 0 0 47 27 16 35 21 0 0 5 0 12 1 2 0 4 4 16 0 0 0 6 0 0 8 8 36 20 6 8 4 16 14 12 20 0 8 12 20 0 16 4 0 0 17 9 6 14 8 0 0 0 0 3 2 0 0 0 11 0 0 2 1 2 35 0 0 1 15 2 7 1 0 12 0 67 8 6 17 51 54 15 36 64 2 0 5 45 37 1 7 2 0 0 26 0 38 50 0 1 1 10 70 0 0 2 36 35 0 0 30 33 138 68 24 35 21 01 55 137 82 0 6 55 93 107 1 5 92 79 2 0 69 81 61 66 31 0 0 ’« • Pi PASP cqpy /post/distribute this notice THi LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES (LCMR) 1997 REQUEST FOR PROPOSALS (Biennium Ending June 1999) The LCMR will be accepting proposals for projects designed to help maintain and enhance Minnesota's natural resources. The Request for Proposals (RFP) is for new, innovative or accelerative natural resource projects. Proposers are asked to respond to the strategies for funding. Proposals will be evaluated according to ^e strategies and criteria. Although other proposals may be considered, stated strategies will receive priority. LCMR staff will conduct proposal workshops on January 24,1996 and January 30,1996. See page 2 for more details. DEADLINE FOR SUBMISSION:Received or postmarked no later than: 4:30 PM, February 23,1996 SUBMIT TO:Legislative Commission on Minnesota Resources Room 65, State Office Building 100 Constitution Avenue Si. Paul. MN 55155 (612) 296-2406 E-Mail: lcmr@commissions leg.state.mn.us TDD: (612)296-9896 or 1-800-657-3550 Relay: (612)297-5353 or 1-800-627-3529 PROPOSALS SENT BY FAX or E-MAIL WILL NOT BE ACCEPTED Only proposals received by the deadline in the proper format specified in this RFP will qualify for consideration. NUMBER OF COPIES TO SUBMIT:Three (3) copies of proposal (two page limit as specified) and one copy of resume of Project Manager (one page limit as specified). ELIGIBILITY:Application open to all with demonstrated public benefit. The LCMR is an ADA/equal opportunity employer. PROJECT IMPLEMENTATION Two year duration - July 1997 to June 1999. No expenditures allowed after June 30,1999 unless requested and approved by specific law. TOTAL AMOUNT AVAILABLE:$28.5 million estimated as of December 1995 Of the S28 5 million available, it is intended that approximately $8 5 million will be recommended for State and RegiorMi Parte and Trails and a Local Initiatives Grants Program. Approximately $20.0 million is available for additional strategy funding. FUNDING SOURCES: m Minnesota Future Resources Fund (MS 116P.13), estimated amount available $14.5 million ■ Minnesota Environment and Natural Resource Trust Fund (Trust Fund) (MS 116P.08), estimated amount available $14 million ■ Great Lakes Protection Account (MS 116Q.02), estimated amount available $40,000 1 1 PROPOSAL EVALUATION AND RECOMMENDATION PROCESS The Commission win employ a variety of tools in the proposal evaluation process: 1 . Strategies and criteria as presented in the RFP will be applied. LCMR staff will sort all proposals by strategy and rank them according to the criteria for use by the LCMR members during their initial selection process. 2. LCMR staff will seek additional outside review as needed to focus on improving proposals and coordination. The staff review may include seeking revisions to the proposals by which proposals may be strengthened, either technically or in terms of the range of activities included. Review may also reveal areas where increased cooperation and coordination on a proposal might be appropriate and result In a request for consideration of merger with one or more other proposals. 3- The Citizen Advisory Committee (CAC) for the Trost Fund will perform an initial review of proposals and provide the Commission vwth their determination as to which projects best fit the strategies and criteria in the Strategic Plan for the Trust Fund as well as the Trust Fund law. 4. The LCMR members will review all proposals received and select approximately 150 proposals to schedule for a hearing. After the initial selection of proposals for further consideration, additional information about the proposals will be requested of program managers to aid in the decisionmaking. At the hearings, program managers will be requested to appear before the Commission to explain the project and the specific project results associated with completion of the activities of the project. 5. The Commission will make its funding recommendations to the Legislature in summer of 1996. The Commission will determine which funding source is appropriate for a proposed project. 6. An additional, separate, technical peer review process will be conducted before presentation to the legislature for research proposals recommended by the Commission. An interdisciplinary peer review panel, comprised of natural resource experts from across the U.S., will review recommended projects for the adequacy of the methodology and procedures, the need for the proposed research, and qua'ifications of the investigators. A detailed work program will be required for these projects by or before September 1996 to be used in the peer review process. Program managers will be requested to present their proposed work program to the panel Finally, when acted on by the 1997 Legislature and with Commission work program approval, funds will be available for projeas beginning July 1,1997. r r 's /_ V V CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^6 8 ' A rfsolution to preserve the natural and fural characterA Kl^aui.u WHEREAS, the Luce Line Trail provides a natural, rural-type setting for trail activities; and WHEREAS, the trail, with its current limestone surface, is in harmony with the rural character of Orono; and WHEREAS, the Orono Park Commission, Planning Commission, and City Council are all strongly committed to preserving and enhancing the rural character of the c.ty and of the Luce Line Trail. NOW, THEREFORE BE IT RESOLVED by the Orono City Council that the Luce Line Trail remain with its current limestone surface to preserve its natural, rural character, and that this form of surface be retained as far west as Watertown. Adopted by the City Council this 12th day of Februar>’. 1996 ^ h ^( i -I y ^ Edward J. Callahan, Jr., Mayor ^ FEB 1 2 1996 request for council action OfTYOFORGNO DATE: February 9, 1996 ITEM NO;c:' J Department Appro?al: Name Dorothy Hallin TiUe City Clerk Administrator Reviewed: Item Description: List of Licenses for Council Approval Agenda Section: Licenses On-Sale Non-Intoxicating Liquor License Lakeview Golf of Orono Grant Wenkstem 405 North Arm Drive Solicitation License Alan L. Penke "The Rose Man" @ parking lot of 3445 Shoreline Drive COUNCIL ACTION REQUESTED; Motion to approve licenses listed above Date: To; From; Subject: February 9, 1996 City Administrator Ron Moorse Chief Gary Cheswick On-Sale Beer License I have reviewed records maintained within the Police Department and the application of Mr. Grant Wenkstern on behalf of the Lakeview Golf Course. I have no objection to the issuance of this license. • •.a .. • •V . *v i": •i ^ ------F’nrm No. 2.*lrt- Url»il I Jwwf l« SHI *^**'^'” . Nll;4«l».kali«t Mall i. « mi top RETAIL “ON SALE’ ^tate ot ilUniuSotn, COOJfTr OF . CfeotJO To the .................of the....d.'T.'f...............of....0.'^®.M..O ....State of Minnesota: Kertby appl t^for a licen*» for th« Urm of...............OAJ.C. ---------------- fron. e/u____-L^..................................of -.................^ U ..........-........... At Retail Only, Non-Intoxicaling Malt Liquors, « r/u. ^nu, or. by Uw. for ccr,4umptwn "Ob”' iho,e eert^npren^e^ tliO ^ ^ .«»••• • •*•• • • • • • • ••• ••••• •••••••• . , to tf ll ^SL.iJ'i ____ deserihed as folXowM, to-wil:—« eo***^*-* ••«•■*•*** **" Grant R. Wenkstern at tvhUh pine* taid applicant...operate tho buelnree of......Aa .......Gol± ............4 0 5„ North ..Arm Drive.......................—..---------------------------- and to that end repreeent and elate. ~ a» follows; That said applicant..............................................dtUen of the United States; of (ood n.oral character and repute; anel Jus i attained tJu ate of tl years; that .......(A................................ proprietor of tho estahlUh.ncnt for which the license will be issued if this application is granted. Thai no manufacturer of such non^into-vicating malt lu,«ors has any ownership, in whole or in part, in said business of saul applicant ...or any interest therein; That said applicant maJee thU application pursuan^nd subject to all the laws of tho State of Minnesota and the ordinances and regulations of said U- l.T 'l-----------------------------.................-.... applUable thereto, which are hereby made a part hereof, and liereby agree to observe and obey the same; ............. (lUrp pyite Pth^r repulr»*»»*nl». If onf, •! IotaI reppUllope) -TT-t t - •••»• •• • —••♦•OOP*1 FEB 6 1996 • • • •« «k M a Liuh opphiam further simes ,ha, hy ,he commemenunt of Iwdocsi and hy July I of each suiicedmp ycaruwl uppUi ant Jll have paid the l ederal Speiial Oiiupanomd lax to the Uweou of .Ui vliul. Jotmio and I uemrn for tviaii dealer. DaUd gnuflf^ _____ • «» • Date: To: From: Subject: February 9/ 1996 City Administrator Ron Moorse Chief Gary Cheswick^- Solicitation License APPLICATION FOR SOLICITATION OR TRA^^SlENt MERCHANT LICENSE $20.00 CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 Check One; Business Solicitation Organization: ^ '^OS> Address: [^Otp hfuJXJ^ Contribution Solicitation Transient Merchant ___ Phone Representative:__ Address:_______ /I In/I /. /3iniieJ £S7ZI-%^n city/staic Phone: street ciiy/statc / " <3Number of Persons Who W'ill Be Soliciting Within City. PROVIDE NAMES OFSOLICITOkS/TRANSlENTMERCIIANTS ON BACK OFTIIIS APPLICATION FULL NAME (FIRST, MIDDLE AND LAST), ADDRESS, MINNESOTA DRIVER’S LICENSE NUMIIEU, PHONE NUMBER AND DATE OF BIRTH (MONTH, DA\ AND YEAR) Type of Product to be solicited: M—C.LLT-— Transicn. Merc.ham's Localion: /fe/. Ph>fe.t±il. *’• Attach letter from property owner giving authorization A. ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS/TRANSIENT MERCHANTS Prohibited solicitation Practices. It is unlawful for any solicitor to: 1. Engage in solicitation for any unlawful business or organizational purpose or activity, 2. Practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawfuUctivities during the course of solicitation. B. C. D. E. 3. Enter, or attempt to ’gain entrance, to tesidential premises dispi.iying at such entrance a sign with the words 'Peddlers .and Solicitors Prohibited* or 'Solicitors Prohibited". , 4. Refuse to leave business premises when requested by the owner. lessee, or person in charge thereof and/or. 5. Cause or likely to cause, a traffic hazard or other inconvenience or danger to persons or property. It is unlawful for any person to engage in contribution solicitation, business solicitation or transient merchant activities without completion of licensing or registration. fFR £> 1qqc Transient merchant activities can only be conducted on commercially zoned properties. fcO g .lyyo A transient merchant can only be licensed for a ma.simum of lO days per year. ^ ^ A contribution solicitation license shall c.rpire 60 days after approval. The undersiened hereby agrees to the conditions quoted above from the Oroao Municipal Code and any additional requirements the City staff may have./O Signature of Applicant ■X i 'tLu 1 ( FOR CITY USE ONLY: Aficr review of applicauon, staff recommends the following: Approval of application ________Denial of application Dale: Signature of Police Chief; i ^9 Jan 1996 Non 4:29 PN Chack Check Register City of Orono Date Name Check NuriMr 50807 50807 cm COUNTY CREDIT UNION 29-Jan-96 CITY COUNTY CREDIT UNION Totals Check Nuiter 50807 CITY COUNTY CREDIT UNION Yieck NiiiRier 50808 50808 50808 FIRST NATIONAL BANK OF LAKES 29-Jan-96 29-Jan-96 Totals Check Nuik>er FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 50808 FIRST NATIONAL BANK OF LAKES Check Nusber 50809 50809 GREAT UEST LIFE ASSURANCE CO. 29-Jan-96 Totals Check NinRier GREAT UEST LIFE ASSURANCE CO. 50809 GREAT WEST LIFE ASSURANCE CO. Qicck Niiiter 50810 50810 HENNEPIN CO. SUPPORT & COLL 29-Jan-96 Totals Check Nciitter HENNEPIN CO. SUPPORT & COLL 50810 HENNEPIN CO. SUPPORT & COLL 3?eck NLnter 50811 50811 HENNEPIN COUNTY SUPPORT S COLL 29-Jan-96 Totals Check Nurber HENNEPIN COUNTY SUPPORT & COLL 50811 HENNEPIN COUNTY SUPPORT & COLL Yieck Nuiber 50812 50812 ICMA RETIREMENT TRUST - 457 29-Jan-96 Totals Check Nurber ICMA RETIREMENT TRUST - 457 50812 ICMA RETIREMENT TRUST - 457 Check Nunber 50813 50813 LAW ENFORCHENT LABOR SERVICE 29-Jan-96 Totals Check Nuiber LAW ENFORCMENT LABOR SERVICE 50813 LAW ENFORCMENT LABOR SERVICE Check Nuiber 50814 50814 MN DEPT OF REVENUE 29-Jan-96 Totals Check Nuiber MN DEPT OF REVENUE 50814 MN DEPT OF REVENUE Check Nuiber 50815 50815 MN MiTUAL LIFE 29-Jan-96 Totals Check Nuiber MN MUTUAL LIFE 50815 MN MUTUAL LIFE Transaction AflRMjnt 5,587.00 5,587.00 9,664.91 2,982.40 12,647.31 1,265.00 1,265.00 164.82 164.82 174.50 174.50 100.00 100.00 495.00 495.00 2,841.49 2,841.49 55.00 55.00 Page 1 Connents SAVINGS U/H 8 TRANSFERRED FIT,FICA,MEDCR U/H FICA,MEOCR CITY SHARE DEFERRED COMP U/H THOMTON «C0266780 SKREEN 1FC0262310 DEFERRED COMP U/H UNION DUES W/H STATE TAX U/H DEFERRED COMP W/H JM) 19M tan 4:29 PH Chtcic 50816 Check Register City of Orono Date Nmh 50816 NM STATE RETIREMEMT-DEF OMP 29-Jan-96 l«l STATE RETIREHEMT-OEP COHP Totals Check Nutaer 50816 HM STATE RETIREHEMT-DEF COHP Cheek Nuitoer 50817 50817 PEBSCO/08RA 29-Jan-96 Totals Check Niater PESSCO/OORA 50817 PEBSCO/OBRA Check Noiter 50818 50818 PEBSCO/US CORF OF MAYORS 29-Jan-96 Totals Check Nu^r PEBSCO/US CONF OF MAYORS 50818 PEBSCO/US CONF OF MAYORS Check NtaMaer 50819 50819 50819 PERA 29-Jan-96 29-Jan-96 Totals Check Nunfser PERA PERA 50819 PERA Check Nuiter 50820 50820 UNITED WAY 29-Jan-96 Totals Check Nuitwr UNITED WAY 50820 UNITED WAY Transaction AlSOtSYt 150.00 150.00 19.50 19.50 1,485.00 1,485.00 3,601.38 4,690.64 8,292.02 29.00 29.00 Page 2 Coonents DEFERRED COHP U/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 33,305.64 7 1996 IM 3:42 PN ClMck Nuiter Check Muriber 50821 Check Register City of Orono Page 1 Date 50621 AMERICAN NATIONAL BANK 07*Feb*96 AMERICAN NATIONAL BANK Totals Check NmRwr 50821 AMERICAN NATIONAL BANK Check Nuiiier 50822 ASPLUNDN COFFEE 50822 05*Feb-96 ASPLUNDH COFFEE Totals Check Huiter 50822 ASPLUMIH COFFEE Check Nurtwr 50823 AT t T CONSUMER PRODUCTS DIV Check NurSier 50826 50626 50826 50826 AT&T WIRELESS SERVICES 05-Feb-96 05-Feb-96 05-Feb-96 AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES Totals Check Nuiter 50826 AT&T WIRELESS SERVICES Check Nuifxr 50827 BCA/FORENSIC SCIENCE LAB Check Nurter 50828 BOSMA, JAMIE 50828 05-Feb-96 BOSMA. JAMIE Transaction Aaount 17,981.25 17,981.25 202.00 202.00 Cooinents INT DUE 3/1/96 COFFEE 50823 OS-Feb-96 AT & T CONSUMER PRODUCTS DIV 19.55 LEASED EQUIPMENT Totals Chtek Nunber 50823 AT & T CONSUMER PRODUCTS DIV 19.55 Chack Hiaber 50824 AT & T WIRELESS-RETAIL 50824 05-Feb-96 AT & T WIRELESS-RETAIL 323.41 CELL PHONE-OMAN Totals Check Nunber 50824 AT & T WIRELESS-RETAIL 323.41 Check N(jri)er 50825 AT&T 50825 05-Feb-96 AT&T 10.60 LONG DISTANCE CHARGES 50825 05-Feb-96 AT&T 10.98 LONG DISTANCE CHARGES 50825 05-Feb-96 AT&T 5.30 LONG DISTANCE CHARGES 50825 05-Feb-96 AT&T 44.30 EQUIPMENT LEASE 50825 05-Feb-96 AT&T 5.30 LONG DISTANCE SERVICE 50825 05-Feb-96 AT&T 14.97 LONG DISTANCE CHARGES Totals Check Nunber 50825 AT&T 91.45 5.12 CELL PHONE-UTILITY TRUCK 5.12 CELL PHONE-UTILITY TRUCK 36.38 CELL PHONE-VANG, OMAN 46.62 50827 07-Feb-96 BCA/FORENSIC SCIENCE LAB 40.00 T0MCHECK-INT0XILY7ER 50827 07-Feb-96 BCA/FORENSIC SCIENCE LAB 40.00 THOMTON-INTOXILYZER 50827 07-Feb-96 BCA/FORENSIC SCIENCE LAB 40.00 ENGLISH-INTOXILYZER 50827 07-Feb-96 BCA/FORENSIC SCIENCE LAB 40.00 DEMBOUSKI-INTOXILYZER Totals Check Nunber 50827 BCA/FORENSIC SCIENCE LAB 160.00 14.75 MILEAGE, PARKING REIMS. ^ F«b 1996 3:62 m Check Register City of Orono Check Muiber Date Name 50828 BOSNA, JANIE Totals Check Niater 50828 BOSNA, JAMIE Iheck Niflfcer 50829 BRC-ELECTIONS 50829 05-Feb-96 BRC-ELECTIONS Totals Check Ntmber 50829 BRC-ELECTIONS 3ieck Muter 50830 BUDGET PRINTING 50830 50830 05-Feb-96 05-Feb-96 BUDGET PRINTING mJDGET PRINTING Totals Check Nuter 50830 BUDGET PRINTING Check Nuter 50831 BUSINESS FORMS I ACCOUNTING 50831 05-Fcb-96 BUSINESS FORMS & ACCOUNTING Totals Check Nuter 50831 BUSINESS FORMS & ACCOUNTING Check Nuter 50832 CARGILL SALT DIVISION 50832 50832 05-Feb-96 05-Feb-96 CARGILL SALT DIVISION CARGILL SALT DIVISION Totals Check Nuter 50832 CARGILL SALT DIVISION Check Nuter 50833 COP IMAGING SYSTEMS 50833 05-Feb-96 CDP IMAGING SYSTEMS Totals Check Nuter 50833 COP IMAGING SYSTEMS Check Number 50834 CHESUICK, GARY 50834 18-Jan-96 CHESUICK, GARY Totals Check Nuter 50834 CHESUICR, GARY Check Nuter 50835 CHUNKS LAKESHORE AUTO 50835 50835 50835 50835 05-Peb-96 05-Feb-96 05-Feb-96 05-Feb-96 CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO Totals Check Nuter 50835 CHUNKS LAKESHORE AUTO Check Nuter 50836 CITY OF MAPLE GROVE 50836 05-Feb-96 CITY OF MAPLE GROVE Transaction Amount 14.75 13.69 13.69 86.25 77.49 163.74 107.19 107.19 3,331.03 2,496.54 5,827.57 189.87 189.87 30.00 30.00 180.82 59.40 113.40 992.40 1,346.02 810.00 Page 2 Coanents CIG. LICENSE FORMS 1996 ANNUAL BUDGET LETTERHEAD U2 ENVELOPES ROAD SALT ROAD SALT FEB LEASE HENN ^0. CHIEFS MTG R167 BATTERY & THERMOSTAT #167 COMPUTER OIAG. #174 LIGHT OIAG. A BULBS #171 BRAKE REPAIR training FACILITY USAGE 7 Ftb 1996 IM 3:42 PM Cheek Nuidber Check Register City of Orono Page 3 Date Hemt Check Miaber 50836 CITY OP MAPLE GROVE Totals Check Uimttr 50836 CITY OP MAPLE GROVE Check Ninber 50837 CITY OP ORONO PETTY CASH Check Niinber 50840 50841 50840 CRABTREE COMPANIES 05-Feb-96 CRABTREE COMPANIES Totals Check Nuii)er 50840 CRABTREE COMPANIES Check Number 50841 OAHLKE TREE SERVICE 05-Feb-96 OAHLKE TREE SERVICE Totals Check Nonber 50841 OAHLKE TREE SERVICE Check Nurfccr 50842 OEPT OF PUBLIC SAFETY 05-Feb-96 OEPT OF PUBLIC SAFETY Totals Check Nurbcr 50842 OEPT OF PUBLIC SAFETY Check Nuhber 50843 01VISION OF EMERGENCY MGMT 05- Feb-96 OIVISION OF EMERGENCY MGMT Totals Check Nunber 50843 OIVISION OF EMERGENCY MGMT Check Nuiter 50844 ONR-OIVISION OF WATER & MAIL 06- 0ec-95 ONR-OIVISICN OF WATER & MAIL 50842 50843 50844 Totals Check HKirber Transaction Amount 810.00 297.88 297.88 245.00 245.00 510.00 510.00 110.00 110.00 50844 DNR-DIVISION OF WATER & MAIL 50.00 50.00 Cofiments 50837 07-Feb-96 CITY OF ORONO PETTY CASH 64.46 POSTAGE Totals Check Number 50837 CITY OF ORONO PETTY CASH 64.46 Check Nunber 50838 COMMERCIAL LIFE INSURANCE 50838 05-Peb-96 COMMERCIAL LIFE INSURANCE 0.85 FEBRUARY INSURANCE 50838 05-Feb-96 COMMERCIAL LIFE INSURANCE 2.66 FEBRUARY INSURANCE 50838 05-Feb-96 COMMERCIAL LIFE INSURANCE 1.14 FEBRUARY INSURANCE 50838 05-Feb-96 COMMERCIAL LIFE INSURANCE 265.80 FEBRUARY INSURANCE Totals Check Nunber 50838 COMIERCIAL LIFE INSURANCE 270.45 Check Number 50839 COMPUTER CITY 50839 05-Feb-96 COMPUTER CITY 411.07 BACKPACK CD-ROM Totals Check Nunber 50839 COMPUTER CITY 411.07 TONER CARTRIDGES REMOVE XMAS LIGHTS CONNECT CHARGES TOMCHECK-CONFERENCE WATER PERMIT If" ' Fab 1996 lad IM PM Chack Check Register City of Orono Page 4 Data Nana Slack Nudbar 50845 50845 E-Z RECYCLINC 05*Fab*96 E-Z RECYCLING Totals Chack Ninter 50845 E-Z RECYCLING Slack NuiRier 50846 EXPRESS MESSENGER 50846 07-Fab-96 EXPRESS MESSENGER Totals Check Nuiber 50846 EXPRESS MESSENGER Sieck Nmiiar 50847 FIRST CHOICE Totals Check Nutber 50847 FIRST CHOICE thack Nueber 50848 FROST, SHERRY R. 50848 OS-Feb-96 FROST, SHERRY R. Totals Check Huiber 50848 FROST, SHERRY R. 50847 50847 05-Feb-96 05-Feb-96 FIRST CHOICE FIRST CHOICE Totals Check Mutber 50849 C & K SERVICES Check Hinber 50850 GALL'S INC. 50850 50850 05-Feb-96 05-Feb-96 GALL'S INC. GALL'S INC. Totals Check Ntsiber 50850 GALL'S INC. Check Nurber 50851 GRAF I x shoppe 50851 05-Feb-96 GRAF IX SHOPPE Totals Check Nt/iber 50851 GRAFIX SHOPPE Check Nuiber 50852 GREGORY, JAMES 50852 05-Feb-96 GREGORY, JAMES Transaction Amount 5,422.92 5,422.92 24.75 24.75 149.60 79.90 229.50 390.00 390.00 422.96 17.93 268.92 286.85 596.40 596.40 73.80 Connents JANUARY SERVICES DELIVERY TO POPHAM HAIK CLERICAL UNIFORMS CLERICAL UNIFORMS JANUARY SERVICES :hcck Nunber 50849 G A K SERVICES 50S49 05-Feb-96 G & K SERVICES 132.41 FLOOR MATS 50849 05-Feb-96 G t K SERVICES 8.15 RATHBUN 50849 05-Feb-96 G A K SERVICES 48.20 STREET EMPLOYEES 50849 05-Feb-96 G A K SERVICES 2.60 STEFFENHAGEN 50849 05-Feb-96 G A K SERVICES 40.84 FLOOR MATS 50849 05-Feb-96 G A K SERVICES 40.84 FLOOR MATS 50849 05-Feb-96 G A K SERVICES 8.15 RATHBUN 50849 05-Feb-96 G A K SERVICES 70.15 STREET EMPLOYEES 50849 05-Feb-96 G A K SERVICES 2.60 STEFFENHAGEN 50849 07-Feb-96 G A K SERVICES 69.02 STREET EMPLOYEES NAME TAGS SQUAD CAR LIGHTS #175,176 GRAPHICS KITS MILEAGE REIMS. r reb 1996 3:42 PM Cheek Register City of Orooo Check Mater Date teck Mater 50852 GREGORY, JAMES Totals Check Nuiter 50852 GREGORY, JAMES 50853 M & L NESABI 50853 05-Feb-96 H 4 L MESABI Totals Check Muter 50853 M 4 L MESABI :^eck Muter 50854 HAMSING, CAROL 50854 05-Feb*96 HAMSIMG, CAROL Total* Check Muter 50854 HAMSING, CAROL Check Muter 50855 HASEMAM, CAROLE 50855 05-Feb-96 HASEMAM, CAROLE Totals Check Muter 50855 HASEMAM, CAROLE :heek Muter 50856 HAWKINS CHEMICAL INC. 50856 50856 50856 05-Feb-96 05-Feb-96 05-Feb-96 HAWKINS CHEMICAL INC. HAWKINS CHEMICAL INC. HAWKINS CHEMICAL INC. Totals Check Nuiter 50856 HAWKINS CHEMICAL INC. •.*heck Muter 50857 HEALTHPARTHERS 50857 05-Feb-96 HEALTHPARTHERS Totals Check Muter 50857 HEALTHPARTHERS Check Muter 50858 50858 HENNEPIN CO-OP SEED EXCHANGE 07-Feb-96 HENNEPIN CO-OP SEED EXCHANGE Totals Check Nuter 50858 HENNEPIN CO-OP SEED EXCHANGE Check Nuter 50859 HENNEPIN COUNTY TREAS 50859 07-Feb-96 HENNEPIN COUNTY TREAS Totals Check Nuter 50859 HENNEPIN COUNTY TREAS Check Nuter 50860 ICMA 50860 05-Feb-96 ICMA Totals Check Nuter 50860 ICMA Transaction Afflouit 73.80 398.39 398.39 30.98 30.98 12.00 12.00 246.81 87.71 45.00 379.52 1,706.09 1,706.09 86.54 86.54 365.01 365.01 439.00 439.00 Page 5 Cooiaents SNOW PLOW PARTS SHOES mileage REIMS. CHLORINE BULK ACID CONTAINER RENTAL FEB INSURANCE CALCIUM CHLORIDE 1996 TRAFFIC TICKETS 1996 SUBSCRIPTION * r ’ F«to 1996 «d 3:62 PM dMCk Miabtr 3Mck Muiter 50861 Chtck Register City of Orono bate M««« 50861 INFRATECN 05-Fab*96 INFRATECN Totals Check Nuater 50861 INFRATECN Slack NuNbtr 50862 50862 IRVING PRESS 05-Feb-96 Totals Check Nunber IRVING PRESS 50862 IRVING PRESS Slack Nuifcer 50863 50863 50863 JIM HATCH SALES CO. 05-Feb*96 05-Feb-96 Totals Check Nuiber JIM HATCH SALES CO. JIM HATCH SALES CO. 50863 JIM HATCH SALES CO. Check Nurber 50864 50864 JOHN BECKMAN 05-Feb-96 Totals Check Nui*«r JOHN BECKMAN 50864 JOHN BECKMAN Check Nuiber 50865 50865 KOEHNEN'S AMOCO 07-Feb-96 Totals Check Nunber KOEHNEN'S AMOCO 50865 KOEHNEN'S AMOCO Check Nunber 50866 50866 50866 KUEHN, THOMAS 07-Feb-96 07-Feb-96 Totals Check Nunber KUEHN, THOMAS KUEHN, THOMAS 50866 KUEHN, THOMAS Check Nunber 50867 50867 50867 50867 50867 50867 50867 50867 LMCIT-BERKLEY AOMIN 07-Feb-96 07-Feb-96 07-Feb-96 07-Feb-96 07-Feb-96 07-Feb-96 07-Feb-96 LMCIT LMCIT LMCIT LMCIT LMCIT LMCIT LMCIT BERKLEY BERKLEY BERKLEY BERKLEY ■BERKLEY •BERKLEY ■BERKLEY AOMIN AOMIN AOMIN AOMIN AOMIN AOMIN AOMIN Totals Check Nuiber 50867 LMCIT-BERKLEY AOMIN Check Nuiber 50868 50868 MACXONALO LABORATORIES 05-Feb-96 MACDONALD LABORATORIES Transaction Amount 950.00 950.00 1,214.80 1,214.80 168.10 203.16 371.26 580.00 580.00 101.60 101.60 6.87 41.28 48.15 795.00 739.00 17.758.00 75.651.00 -132.00 -92.00 -99.00 94.620.00 28.00 Page 6 GROUT L.S. ON CO RO 15 4x9 SCORE CAROS SNOW PLOU MARKERS STROBE LIGHT INSTALL CHAIR RAIL GASOLINE PURCHASES JAN MILEAGE REIMS. JAN MILEAGE REIMS. OPEN MTG LAW 1996 PETROFUNO 1996 EXCESS LIAB 1996 COMP MUNIC. COV 1996 SALE OF SQUAD #168 SALE OF TRUCK (F709 SALE OF SQUAD #162 #170 TEAR DOWN 7 F«b 1996 Urd 3:42 PM Cti«ck Nuiter Check Nudwr Check Register City of Orooo Page 7 Date Naaw 50868 NACOONALO LABORATORIES Transact. lOn Aanunt 136.00 Coaments *161 TEAR DOUN 50868 w.P rvw 05-Feb>96 MACOONALO LABORATORIES 319.40 #170 TEAR DOWN 50868 05-Feb-96 NACOONALO LABORATORIES 970.34 #175 SETUP Totals Qieck Nudwr 50868 NACOONALO LABORATORIES 1,453.74 aieck Nudwr 50869 MICRO AGE 50869 05-Feb-96 MICRO AGE 69.40 PATCH, DROP CABLES Totals Check Hunter 50869 MICRO AGE 69.40 • Chtck Ninber 50870 HUE 50870 07-Feb-96 HUE 195.00 ERICKSON-DRUNK DRIVING Totals Check Hunter 50870 HUE 195.00 Check Nuiter 50871 MIHHEAPOLIS OXYGEH COMPANY 5C871 05-Feb-96 MINNEAPOLIS OXYGEN COMPANY 4.50 MEDICAL OXYGEN 50871 05-Feb-96 MINNEAPOLIS OXYGEN COMPANY 62.16 MEDICAL OXYGEN Totals Check Ninber 50871 MINNEAPOLIS OXYGEN COMPANY 66.66 Check Nunber 50872 MINNEGASCO 50872 05-Feb-96 MINNEGASCO 85.47 GAS CHARGES 50872 05-Feb-96 MINNEGASCO 257.46 GAS CHARGES 50872 05-Feb-96 MINNEGASCO 2,359.47 GAS CHARGES Totals Check Ninber 50872 MINNF' *-SCU 2,702.40 :heck Number 50873 HINNESOTA CONWAY 50873 05-Feb-96 HINNESOTA CONWAY 44.85 1996 FIRE EXT.INSPECTIO.^ 50873 05-Feb-96 HINNESOTA CONWAY 44.85 1996 FIREEXT.INSPECTION 50873 05-Feb-96 HINNESOTA CONWAY 408.65 1996 FIRE EXT.INSPECTION Totals Check Ninber 508*^ HINNESOTA CONWAY 498.35 Check Ntinber 50874 MINNETONKA SPORTSMEN INC. 50874 05-Feb-96 HINNETONKA SPCRTSHEN INC.35.00 1996 DUES Totals Check Ninber 508/4 HINNETONKA SPORTSHEN INC.35.00 Check Nonber 50875 MN 1BENEFIT ASSOCIATION 50875 05-Feb-96 HN BENEFIT ASSOCIATION 74.22 FEB INSURANCE Totals Check Number 50875 HN 3ENEFIT ASSOCIATION 74.22 Ftb 1996 •d 3:42 PM CiMck Nudwr fMck Muiter S0876 50876 Check Register City of Orono Page 8 Date Nane 50876 HM DEPT OF REVENUE 05-Peb-96 MN DEPT OF REVENUE 05-Feb*96 MN DEPT OF REVENUE Totals Check Nuiter 50876 HM DEPT OF REVENUE heck Nud>er 50877 tOtOUCZYNSKI, JIN 50877 05-Feb-96 MOROWCZYNSkI, JIM Totals Check Nuiiter 50877 NOROWCZTNSKI. JIM heck Nuriwr 50878 MUNICl-PALS 50878 05-Feb-96 fUNICI-PALS Totals Check Nuiiwr 50878 HUNICI-PALS heck Nuikier 50879 NORTH MEMORIAL mOICAL CENTER 50879 05-Feb-96 NORTH MEMORIAL MEDICAL CENTER Totals Check Nui*>er 50879 NORTH MFMORIAL MEDICAL CENTER heck Nuiter 50880 NORTHERN STATES POWER 50880 05-Feb-96 NORTHERN STATES POWER Totals Check NuMser 50880 NORTHERN STATES POWER heck N(ji6er 50881 NSP Transaction Amount 502.00 4.00 506.00 283.11 283.11 10.00 10.00 1,260.00 1,260.00 1,095.82 1,095.82 Comnents JANUARY SALES TAX JANUARY SALES TAX CLOTHING REIMS. 1996-97 MEMBERSHIP DUES PTAC,OSHA, USE OF FORCE STREET LIGHT BILL 50681 07-Feb-96 NSP 35.00 NSP CHARGES 50881 07-Feb-96 NSP 1,957.35 NSP CHARGES 50881 07-Feb-96 NSP 526.04 NSP CHARGES 50S31 07-Feb-96 NSP 1,568.40 NSP CHARGES 50881 05-Feb-96 NSP 152.91 HWY 12 & WILLOW Totals Check Nurter 50881 NSP 4,239.70 heck Nuit>er 50882 OFFICE DEPOT 50882 05-Feb-96 OFFICE DEPOT 340.03 MISC SUPPLIES 50882 05-Feb-96 OFFICE DEPOT 49.35 MISC SUPPLIES 50882 18-Jan-96 OFFICE DEPOT 24.66 MISC SUPPLIES Totals Check Nunber 50882 OFFICE DEPOT 414.04 heck Nunber 50883 0PM INFORMATION SYSTEMS 50833 05-Feb-96 op:i information systems 650.00 LASER PRINTER M> Totals Check Nunber 50883 0PM INFORMATION SYSTEMS 650.00 7 Feb 1996 IM 3:42 PM Check Register City of Orono Page 9 Check Ninter Check Nuiter Date Mam 50884 ORCWO SELF SERVICE Transaction Amount Comnents 50884 05-Feb-96 OROHO SELF SERVICE 77.32 GAS PURCHASES Totals Check Niater 50884 ORONO SELF SERVICE 77.32 Check Nianber 50885 PERA LIFE INSURANCE 50885 05-Feb-96 PERA LIFE INSURANCE 152.00 FEB INSURANCE Totals Check Nuiiwr 50885 PERA LIFE INSURANCE 132.00 Check Nimter 50886 PIONEER 50886 05-Feb-96 PIONEER 141.75 1996 BUDGET SUMMARY 50886 05-Feb-96 PIOiEER 129.50 ORD #144 Totals Check Number 50886 PIONEER 271.25 Check Nunber 50887 PORTICO COMPUTERS INC. 50887 07-Feb-96 PORTICO COMPUTERS INC.346.13 HP JETOIRECT CARD 50887 05-Fcb*96 PORTICO COMPUTERS INC.1,826.57 HP 5MP P*;INTER W/ CARD 50887 05-Feb-96 PORTICO COMPUTERS INC.1,583.75 PCI COMPUTER 50887 05-Feb-96 PORTICO COMPUTERS INC.1,843.61 PCI COMPUTER W/ MONITOR Totals Check Number 50887 PORTICO COMPUTERS INC.5,600.06 Check Nvjiter 50888 PRECISION BUSINESS SYSTEMS 50888 05-Feb-96 PRECISION BUSINESS SYSTEMS 547.50 '96 MAINT-DICATATION Totals Check Nunber 50888 PRECISION BUSINESS SYSTEMS 547.50 Check Ncirber 50889 PRO TIRE 8 EXHAUST 5aS89 05-Feb-96 PRO TIRE 8 EXHAUST 23.73 #169 OIL CHANGE 50889 05-Feb-96 PRO TIRE 8 EXHAUST 10.50 #173 TIRE REPAIR Totals Check Nurber 50889 PRO TIRE 8 EXHAUST 34.23 Check Nunber 50890 R &T SPECIALTY INC. 50890 05-Fcb-96 R & T SPECIALTY INC.273.28 DARE SUPPLIES Totals Check Nunber 50890 RAT SPECIALTY INC.273.28 Check Nunber 50891 R.L,. YOUNGOAHL 8 ASSOC. 50891 07-Feb-96 R.L. YOUNOIAHL 8 ASSOC.1,800.00 INS AGENT 1ST QTR Totals Check Nunber 50891 R.L. YOUNGOAHL 8 ASSOC.1,800.00 Check Nunber 50892 R.O..T.A. 50892 07-Feb-96 R.O.T.A.100.00 1996 DUES 7 F«b 1996 y«d 3:42 m dlACk ■uiter ClMck NtaiMr Cheek t«9<sttr City of Orooo Date 50692 i.O.T.A. Totals Chock Nunber 50892 R.O.T.A. Chock MtJiter 50893 RADISSON SUITES 50893 05-Fcb*96 RADISSON SUITES Totals Chock Niabor 50893 RADISSON SUITES diock Nuriwr 50894 50894 50894 RC IDENTIFICATIONS 07-Feb-96 05-Feb-96 Totals Check Ninber RC IDENTIFICATIONS RC IDENTIFICATIONS 50894 RC IDENTIFICATIONS Check Nupber 50895 50895 ROLLINS OIL CO. 05-Feb-96 Totals Chock Nuiber ROLLINS OIL CO. 50895 ROLLINS OIL CO. Check Nuiber 50896 50896 SAFE BENEFITS 05-Feb-96 Totals Check Nuiber SAFE BENEFITS 50896 SAFE BENEFITS Check Nuiber 50897 50897 SCHWABS INC. 07-Feb-96 Totals Check Nuiber SCHWABS INC 50897 SCHWABB INC. Check Nuiber 50898 50898 SENIOR COMMUNITY SERVICES 07-Feb-96 Totals Check Nuiber SENIOR COMMUNITY SERVICES 50898 SENIOR COMMUNITY SERVICES Check Nuiber 50899 50899 SERV A CLEAN 05-Feb-96 Totals Check Nuiber SERV A CLEAN 50899 SERV A CLEAN Check Nuiber 50900 50900 50900 SNYDER DRUG STORES 05-Feb-96 05-Feb-96 Totals Check Nuiber SNVDER DRUG STCNIES SNYDER DRUG STORES 50900 SNYDER DRUG STORES Transaction Amount 100.00 200.70 200.70 3.73 9.80 13.53 2,019.42 2,019.42 2,143.11 2,143.11 61.24 61.24 3,225.00 3,225.00 548.69 548.69 21.26 14.46 35.72 Page 10 Comments CHESUICK-SEMINAR ID CARD PROCESSING STRAP CLIPS UNLEADED GAS FEBRUARY DATER 1ST QTR 1996 CARPET CLEANING AUDIO TAPES FILM PROCESSING 7 F«b 1996 Md 3:42 PN Check Check Register City of Orono Dote Mane .heck Muter 50901 50901 STA-SAFE LOCKSMITH 05*Feb-96 STA-SAFE LOCKSMITH Totals Check Muter 50901 STA-SAFE L0CK9UTH jMck Muter 50902 50902 50902 50902 50902 STREICMERS 07-Feb-96 05-Feb-96 05-Feb-96 05-Fcb-96 STREICHERS STREICHERS STREICMERS STREICHERS Totals Check Muter 50902 STREICHERS Check Muter 50903 50903 TOWN t COUMTRY 05-Feb-96 Tote Is Check Muter TOUN A COUNTRY 50903 .'OWN A COUNTRY :heck Muter 50904 50904 TRI STATE PUMP 05-Feb-96 Totals Check Muter TRI STATE PUMP 50904 TRI STATE PUMP heck Muter 50905 50905 50905 50905 UNIVERSITY OF MINNESOTA 05* Feb" 96 05-Feb-96 05-Feb-96 Totals d eck Muter UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA 50905 UNIVERSITY OF MINNESOTA '.heck Nuter 50906 50906 US WEST CELLULAR 05-Feb-96 Totals Check Muter US WEST CELLULAR 50906 US WEST CELLULAR :heck Nuter 50907 50907 50907 50907 50907 US WEST COWUNICATIONS 07-feb-96 07-Feb-96 07-Feb-96 07-Feb-96 Totals Check Nuter US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS 50907 US WEST COMMUNICATIONS Check Nuter b09U8 VILLAGE CHEVROLET Transaction Aaeunt 297.30 297.30 196.94 552.33 87.81 45.26 882.34 51.85 51.85 162.50 162.50 35.00 35.00 35.00 105.00 280.99 280.99 266.11 29.27 12.54 689.63 997.55 Connents SWITCH DOOR LOCKS #175 SETUP #175 SETUP LIGHTS FUSHER LIGHTS TRASH LINERS CHECK G.S. #4 Page 11 NUNICIPALS-HALLIM MUNICIPALS-HASEMAN MUNICIPALS-80SMA CELL PHONE-CHESUICK US WEST CHARGES US WEST CHARGES US WEST CHARGES US WEST CHARGES 50908 05-Feb-96 VILLAGE CHEVROLET 327.99 #426 REPAIRS 7 F«b 1996 ytd 3:42 PM Check Register City of Orono Check Date ii Check ihflber S0906 50908 VILUGE CHEVROLET 05-Peb-96 VILLAGE CHEVROLET Totals Check Nunber 50908 VI LUCE CHEVROLET Check HuMaer 50909 materpro 50909 05-Feb-96 UATERPRO Totals Check Nueber 50909 UATERPRO Oieck Nunber 50910 UIDNER INC 50910 50910 05-Feb-96 05-Feb-96 UIDNER INC UIDNER INC Totals Check Nunber 50910 UIOMER INC dieck Nunber 50911 URIGHT HENNEPIN ELECTRIC 50911 05-Feb-96 URIGHT HENNEPIN ELECTRIC Totals Check Nunber 50911 URIGHT HENNEPIN ELECTRIC dieck Nunber 50912 YOCUN OIL CO INC. 50912 50912 05-Feb-96 05-Feb-96 YOCUN OIL CO INC. YOCUN OIL CO INC. Totals Check Nunber 50912 YOCUM OIL CO INC. Grand Total Transaction Aiaount 98.40 426.39 1,707.37 1,707.37 1.678.00 1.190.00 2,868.00 15.99 15.99 72.66 237.05 309.71 176,777.97 Page 12 Coements SEWER TRUCK REPAIR NISC PARTS FOR UTR MAINS FIRE HYDRANT REPAIR REPAIR L.S. #2 SECURITY LIGHT HEATING OIL HEATING OIL 8 Ftb 1996 Check Re9ister Peg* 1Thu 2:16 PM City of Orono Check Transition Number Date Na<!*e Aaount Comments Check Number 50913 BONESTROO ROSENE 6 ASSOC. 50913 08-Feb-96 lONESTROO ROSENE & ASSOC.2,705.95 SAGA HILLS SWR REHAB-DEC 50913 08-Feb-96 BONESTROO ROSENE & ASSOC.A70.00 PAVEMENT MGT PROG-DEC 50913 08-Feb-96 BONESTROO ROSENE 4 ASSOC.4,802.47 BROUN RD/UTRTWN CO# 1,2 50913 08-Feb-96 BONESTROO ROSENE & ASSOC.339.55 BROUN RD/UTRTUN RFP #6 50913 08-Feb-96 BONESTROO ROSENE 4 ASSOC.455.00 MSA GEN-DEC Totals Check Number 50913 BONESTROO R(»ENE 4 ASSOC.8,772.97 Check Number 50914 BUDGET PRINTING 50914 08-Feb-96 BUDGET iRIHTING 639.50 ENVELOPES Totals Check Muiter 50914 BUDGET PRINTING Check Number 50915 CHAMPION AUTO STORES 50915 08-Feb-96 CHAMPION AUTO STORES Totals Check Nvuter 50915 CHAMPION AUTO STORES Check Number 50916 CITY OF UAY2ATA 50916 08-Feb-96 CITY OF UAYZATA Totals Check Nurter 50916 CITY OF UAYZATA Check Nurter 50917 E<^LERS AND ASSOCIATES INC. 50917 50917 50917 08-Feb-96 08-Feb-96 08-Feb-96 EHLERS AND ASSOCIATES INC. EHLERS AND ASSOCIATES INC. EHLERS AND ASSOCIATES INC. Totals Check Niinber 50917 EHLERS AND ASSOCIATES INC. Check NuTi>er 50918 HAMEL BUILDING CENTER 50918 08-Jan-96 HAMEL BUILDING CENTER Totals Check Nurter 50918 HAMEL BUILDING CENTER Check Nui*)cr 50919 HENNEPIN COUNTY SHERIFF 50919 08-Feb-96 HENNEPIN COUNTY SHERIFF Totals Check Nuiter 50919 HENNEPIN COUNTY SHERIFF Check Nurk^er 50720 HENNEPIN COUNTY TREASURER 50920 08-Feb-96 HENNEPIN COUNTY TREASURER Totals Check Nuit>er 50920 HENNEPIN COUNTY TREASURER 639.50 29.78 29.78 2,152.39 2,152.39 6,986.55 7,154.10 3,283.85 17,424.50 218.04 218.04 257.23 257.23 797.09 797.09 MISC PARTS 4TH QTR WTR CONSUMPTION BONO REFUNDING SERVICES BONO REFUNDING SERVICES BOND REFUNDING SERVICES LUMBER FOR TARGET PRACTIC DEC BOOKING FEES DECEMBER ROOM & BOARD I FA 1996 hu 2:16 PNCheckKiaber :3Mck Nuiter 50921 50921 Cheek Reflister City of OronoDate 50921 KUEHN. THOMAS 08*Feb>96 KUENN, THOMAS 08'PA*96 KUEriN, THOMAS Totalt Check Hinber 50921 KUEHN, THOMAS Check Hu*er 50922 LAKE HTKA COHSERVATIOM OIST. 50922 08-FA-96 LAKE MTKA COHSERVATIOH OIST. fgdlg Check NuiR^er 50922 LAKE MTKA COHSERVATIOM D1ST< Check Nuiter 50923 50923 50923 LMCIT-BERKLEY RISK 08-FA-96 08-FA-96 Totals Check Nunber LMCIT-BERKLEY RISK LMCIT-BERKLEY RICK 50923 LMCIT-BERKLEY RISK Check MuMber 5092A 50924 50924 50924 LOHG LAKE POWER EQUIPMENT 08-FA-96 08-FA-96 08-FA-96 Totals Check Nuiber LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT 50924 LUNG LAKE POWER EQUIPMENT Check NuAer 50925 50925 MCNICHOLS, OAVIO 08-FA-96 Totals Check Ninber MCNICHOLS, DAVID 50925 MCNICHOLS, DAVID Check Nurber 50926 50926 MM • FPT OF REVENUE 08-FA-96 Totals Check Ninber MN DEPT OF REVENUE 50926 MN DEPT OF REVENUE Check Nuiber 50927 50927 MN POLICE RECRUITMENT SYSTEM 08-Feb-96 Totals Check Nuiber MN POLICE RECRUITMENT SYSTEM 50927 MN POLICE RECRUITMENT SYSTEM Check Nuiber 50928 50928 MN STATE TREASURER 08-Feb-96 Totals Check Nuiber MN STATE TREASURER 50928 MN STATE TREASURER Check Nuiber 50929 50929 ORONO COMMUNITY EDUCATION 08-Feb-96 ORONO COMMUNITY EDUCATION TransactionAaiount 6.64 13.28 19.92 12,548.00 12,548.00 500.00 500.00 1,000.00 170.31 21.33 54.58 246.22 6.50 6.50 50.00 50.00 368.23 368.23 3,249.52 3,249.52 2,168.88 Page 2Comnents DECEMBER '95 MILEAGE DECEMBER '95 MILEAGE 2ND HALF 1995 ST.DEPT LOADER 12-8-95 FIRE LANE 2655 N.SHR.DRIV HEARING PROTECTORS BR 400 RENTAL RM2 66 CHAINS REIMS. PARKING FEES 1995 HAZARDOUS WASTE TAX 3RD, 4TH QTR EXPENSES BLOG PERMIT SURCHARGE-DEC 1995 SUMMER RECR. CONTRIS 8 Feb 1996 Thu 2:16 PM Check Nuibec Cheek Register City of Orono Oete Name Check Nuiiwr 50929 ORONO COMMUNITY EDUCATION Totals Check Nuit»r 50929 ORONO COMMUNITY EDUCATION Check Niaber 50930 50930 PERA 08-Feb-96 PERA Totals Check Nutber 50930 PERA Check Niaiber 50931 50931 PERRYS TRUCK REPAIR 08-Feb-96 Totals Check Nutber PERRYS TRUCK REPAIR 50931 PERRYS TRUCK REPAIR Check Nifiber 50932 50932 50932 ST. JOSEPH'S EQUIPMENT INC. 08-Feb-96 08-Feb-96 Totals Check Nurber ST. JOSEPH'S EQUIPMENT INC. ST. JOSEPH'S EQUIPMENT INC. 50932 ST. JOSEPH'S EQUIPMENT INC. Check Nuiber 50933 50933 TALON PKUG. EQUIPMENT INC. 08-Feb-96 Totals Check Nuiber TALON PKUG. EQUIPMENT INC. 50933 TALON PKUG. EQUIPMENT INC. Check Nuiber 50934 50934 UNIFORMS UNLIMITED 08-Feb-96 Totals Check Nuiber UNIFORMS UNLIMITED 50934 UNIFORMS UNLIMITED Check Nuiber 50935 50935 UALDOR PUMP 08-Feb-96 Totals Check Nuiber UALDOR PUMP 50935 UALDOR PUMP Transaction Amount 2,168.88 8.54 8.54 603.39 603.39 29.05 59.95 89.00 27.82 27.82 184.32 184.32 10,953.91 10,953.91 Page 3 Comnents INT EXCESS STATE AID #426 TOU 1 REPAIR BOLTS & FREIGHT EQUALIZER BAR & FREIGHT ADD'L REFUND ON ACCT ANDERSON-UNIFORM L.3. #8 REPAIR Grand Total 61,815.75 r-V ^ 4• P€b X996 rhu 3:16 PM Check Nuaber Check Register City o£ Orono Boiployee Ssmm 3ieck munber 040Sii 040511 BOSMk« JAMIE L, Totals Check Muniber 040S11 Check Number 040512 040512 HALLIH, DOROTHY M, Totals Qieck Humber 040512 Check Number 040513 040513 KASDiAH. CAROLE A. Totals Check Humber 040513 Check Number 0405X4 04Jdl4 MOORSE. RONALD J. Totals Check Number 040514 Check Number 040515 040515 VEE. LINDA S Totals Check Number 040515 Check Number 040516 040516 KUEHN. THOMAS M, Totals Check Number 040516 Check Number 040517 040517 MILLER. CHRISTOPHER K. Totals Check Number 040517 Check Number 040510 040518 OLSON. JOHN C, Totals Check Number 040518 Check Number 040513 040519 ANDERSON. BRUCE L, Totals Check Number 040519 Check Date 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 Page 1 Check Amount 247.77 247.77 891.28 691.28 731.47 731.47 1.7C6.03 1.706.03 693.54 ^33.54 1.240.78 1.240.78 777.29 777.29 730.69 730.69 755.42 755.42 8 Peb 1998 Thu 3:16 PM Check Number Check Register City of Orono Employee Name Check Number 040520 040520 BOBZXEN, SUE A. Totals Check Number 040520 Oieck Number 040521 040521 BORIS. SCOTT W. Totals Check Number 040521 Check Number 040522 04C522 CARLSON, MIC3iAEL B Totals Check Number 040522 Check Number 040523 040523 CHESWICK, GARY B Totals Check Number 040523 Check Number 040524 040524 CORNICK. JAMES L, Totals Check Number 040524 Check Number 040525 040525 DEMBOUSKI, JAY C Totals Check Number 040525 Check Number 040526 040526 ENGLISH III. IRVING H Totals Check Number 040526 Check Number 040527 040527 ERICKSCN. KURT R Totals Check Number 040527 Check Number 040528 040520 FISCHENICH. DAN T Totals Check Numoer Os0528 Qieck Date r3-Jan*96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-9€ 03-Jan-96 Page 2 Check Amount 643.42 643.42 797.08 797.08 171.68 171.69 1.259.77 1.259.77 1,170.30 1,170.30 1,062.51 1,062.51 370.75 370.75 1,040.5. 1,040.54 02 1,076.92 Check Nutiiber 04 052 9 8 Feb IF98 Thu 3: IS PM Check Number Check Register City of Orono Employee NMe Check Nitfnber 040529 040529 HANSUIG* CAROL J. Totals Check Number 040529 Check Number 040530 040530 JOWSON. BRADLEY P. Totals Check Number 040530 Check Number 040531 040531 KARNIT2. RICKY D. Totals Check srumber 040531 Check Number 040532 040532 KNOLLQIBEHG, KRISTIN L. Totals Check Number 040532 Check Number 040533 040533 MaaoiOLs, DAvin l, Totals Check Number 040533 Check Number 040534 040534 MOROWCZY!ISKI. JAMES Totals Check Number 040534 Check Number 040535 040535 PERSELL, Kli-LIAM R Totals Check Number 040535 Check Number 040536 040536 SCHOEimOFF. JOHN B Totals Check Number 040536 Check Number 040537 040537 THCffTCN. MARK R Totals Check Number 040537 Check Date 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 3-Jan-96 03>Jan-96 03-Jan-96 03“ Jm I ^6 03-Jan-96 Page 3 Check Amount 359.06 359.06 1.114.61 1.114.61 95.07 95.97 546.47 546.47 617.03 617.03 1.255.26 1.255.26 259.20 259.20 914.20 914.20 871.74 871.74 Check Number 040538 imI Feb 1996 Thu 3:16 PM Check Number Check Register City of Orono Employee Neme Check Number 040538 040S38 TOMCHEOC, LAHRENCE P. Totals Check Number 040538 Check Number 040539 040539 TCMCZYK. MARK M Totals Check Number 040539 Check Number 040540 040540 FARNIOK. CCRREY L. Totals Check Number 040540 ► Check Number 040541 040541 FISCHER. CHRISTOPHER K Totals Check Number 040541 Check Number 040542 043542 GAFFRON. MICHAEL P Totals Check Number 040542 Check Number 040543 040543 MABUSTH. JEAt^'NE A Totals Check Number 040543 Check Number 040544 040544 CMAfi. LYLE E Totals Check Number 040544 Check Number 040545 040545 VAJ’G. BRUCE L Totals Check Number 040545 d.eck Number 04 0546 040546 VIECKMATJ. STEPHEN J Totals Check Number 040546 Check Date 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan*96 03-Jan-96 03-Jan* 96 03-Jan-96 ..u-96 Page 4 Check Amount 227.71 227.71 1.118.45 1.118.45 193.37 193.37 104.83 104.83 910.14 910.14 1,121.47 1,121.47 937.44 937.44 922.76 922.76 30.07 30.07 rheck Number 040547 i P«b 1996 Thu 3:16 PM Check Register City o£ Orono Check number Employee Name Qieck number 040547 040547 BRnnWAUS, JOHN F Totals r'heck Number 040547 Check Number 040548 040548 GERHARDSON, JOIOT R Totals Check Number 040548 Check Number 040549 040549 GREGORY. JAKES D. Totals Check Number 040549 Check Number 040550 040550 HANSEN. STEVEN C, Totals Check Number 040550 Check Number 040551 040551 OBERAIGNER, SCOTT G. Totals Check Number 040551 Check Number 040552 040552 OBRIEN, RANDY L, Totals Check Number 040552 Check Number 040553 040553 PALMER. GREGORY A Totals Check Number 040553 Check Number 040554 040554 RATHBU!!. BARRY J Totals Check Number 040554 Check Number 040555 040555 SKREEN. CALE S Totals Check Number 040555 Check Number 040556 Check Date 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 03-Jan-96 Page 5 Check Amount 1.023.51 1.023.51 1.205.92 1.205.92 723.61 “^23.61 705.05 705.05 878.05 878.05 122.98 122.98 1,016.87 1,016.87 865.39 865.39 569.06 569.06 — ——- • Peb Thu 3:16 PM Check Register City of Orono Check Number Employee Name Check Number 040556 040556 STEFFENHAGEN, RONALD E Totals Check Number 040556 Check Number 040562 040562 CALLAHAN JR., EDWARD J. Totals Check Number 040562 Check Number 040563 040563 GOE1TEN, J. DIANN Totals Check Number 040563 Check Number 040564 040564 HURR, JOELLEN L Totals Check Number 040564 Check Number 040565 040565 JABBOUR, GABRIEL Totals Check Number 040565 Check Number 040566 040566 KELLEY. CHARLES Totals Check Number 040566 Check Number 040569 040569 BOSMA. JAMIE L, Totals Check Number 040569 Check Number 040570 040570 HALLIN. DOROTHY M Totals Check Number 040570 Check Number 040571 040571 HASEMA*N. CAROLE A Totals Check Number 040571 Check Number 040572 Check Date 03-Jan-96 06-Jan-96 08-Jan-96 08-Jan-96 08-Jan-96 08-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 Page 6 Check Amount 957.87 957.87 220.65 220.65 223.19 223.19 223.19 223.19 223.19 223.19 223.19 223.19 260.23 260.23 917.47 917.47 752.39 752.38 3 F€b 1996 Thu 3:16 PM Check Number 0;eck Register City of Orono Employee Nsme Check Number 040572 040572 MOORSE. RONALD J Totals Check Number 040572 Check Number 040573 040573 VEE, LINDA S. Totals Check Number 040573 Check Number 040574 040574 KUEHN. THOMAS M Totals Check Nutnber 040574 Check Number 040575 040575 MILLER. CHRISTOPHER K Totals Check Number 040575 Check Number 040576 040576 OLSON. JOHN C, Totals Check Number 040576 Check Number 040577 040577 ANDERSON, BRUCE L Totals Check Number 040577 Check Number 040578 040578 BOBZIEN. SUE A Totals Check Number 040578 Check Number 040579 040579 BORIS. SCOTT W, Totals Check Number 040579 Check Number 040590 040580 CARLSON. MICHAEL B Totals Check Number 040580 Check Number 040581 Check IDate 17-Jan-96 17-Jan-96 l7-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 Page 7 Check Amount 1.636.61 1.636.61 714.55 714.55 1.298.15 1.298.15 795.54 795.54 773.32 773.32 526.20 526.20 665.42 665.42 704.33 704.33 370.13 370.13 8 Feb 1996 Thu 3 :16 PM Check Number Check Re9ieter City o£ Orono Employee Name Check Number 040581 040581 CKESNICX. GARY B. Totals Check Number 040581 Check NUn^er 040582 040582 CCRNICK. JAMES L, Totals Check Number 040582 Check Number 040583 040583 DMOUSKI. JAY C. Totals Check Number 040583 Check Number 040584 040584 ENGLISH III. IRVING H Totals Check Number 040584 Check Number 040585 040585 ERICKSON. lOJRT R, Totals Check Number 040585 Check Number 040596 040586 FISCKENICH. CA:1 T Totals Check Number 040586 Check Number 040587 040587 KAJiSING. CAROL J Totals Check Number 040587 Check Number 040588 040588 JClCiSON, BRADLEY P Totals Check Number 040588 Check Number 040589 040589 KAR-NITZ. RICKY D Totals Check Number 040589 Check Date 17-Jan-96 17-Jan-96 17-Jan*96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 Page 8 Check Amount 1.333.18 1.333.18 1.220.97 1.220.97 1.193.57 1.193.57 440.12 440.12 1.153.28 1.153.28 1.211.30 1.211.30 392.55 392.55 1.166.40 1.166.40 98.74 98.74 Check Number 040590 • fb 199€ Thu 3:16 PM Ch«c)c tfunber Ch#ck Register City of Orono Employee Heme Check Number 040590 040590 KNOLLENBERG. KRISTIN L. Totals Check Nunvber 04 0590 Check Number 040591 040591 MCNICHOLS, DAVID L. Totals Check Number 040591 Check Number 040592 040592 MOROWCZYNSKI. JAMES Totals Check Number 040592 Check Number 040593 040593 PERSELL. WILLIAM R Totals Check Number 040593 Check Number 040594 040594 SCHOENHOFF. JOHN B Totals Check Number 040594 Check Number 040595 040595 FHCMTON. MARK R Totals Check Number 040595 Check Number 040596 040596 TCMCHECK. LAWRENCE F Totals Check Number 040596 Check Number 040597 040597 TCMCZYK. MARK W Totals Check Number C40597 Check Number 040590 040598 FARNIOK. CORREY L. Totals Check Number 040590 Check Number 040599 Check Date 17-Jan-96 17-Jan-96 l7-Jan-96 17-Jan-96 l7-Jan-96 l7-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 Page 9 Check Amount 588.39 588.39 518.94 518.94 1.386.21 1.396.21 154.72 154.72 1,118.30 1,118.30 933.16 933.16 373.15 373.15 1,107.44 1,107.44 230.21 230.21 • Pcb 1996 Thu 3:16 PM Qieck Register City of OronoCheckNumberEmployee NemeI Qieck Number 040599 040599 FISCHER, CHRISTOPHER K. Totals Check Number 040599 Geek Number 040600 040600 GXFFRON, MICHAEL P Totals Check Number 040600 Geek Number 040601 040601 MABUSTH, JEANNE A. Totals Geek Number 040601 Check Number 040602 040602 OMAN. LYLE E. Totals Check Number 040602 Check Number 040603 040603 VANG. BRUCE L Totals Check Number 040603 Check Number 040604 040604 WECKMAN. STEPHEN J Totals Check Number 040604 Check Number 040605 040605 BRINKJiAUS. JOHN F Totals Check Number 040605 Check Number 040606 0406C6 GERHARDSON. JOHN R Totals Check Number 040606 Check Number 040607 040607 GREGORY. JAMES D Totals Check Number 040607 vThcck Number 040608 CheckDate 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 Page 10CheckAmount 121.33 123.33 915.76 915.76 1.159.53 1.159.53 1.136.25 1.136.25 949.10 949.10 53.57 53.57 1.056.64 1.056.64 1.327.28 1.327.29 717.90 717.90 8 Feb 1996 Thu 3:16 PH Check Regi«tcr City of OronoCheck Number Employee Name Check Number 040608 040608 HANSEN, STEVEN C Totals Check Number 040608 Check Number 040609 040609 OBERAIGNER. SCOTT G Totals Check Number 040609 Check Number 040610 040610 OBRIEN, RANDY L Totals Check Number 040610 Check Number 040611 040611 PALiMER, GREGORY A Totals Check Number 040611 Check Number 040612 040612 RATHBUN, BARRY J Totals Check Number 04061? Check Number 040613 040613 SKREEN, DALE S Totals Check Ilumber 040613 Check Number 040614 040614 STEFFENHAGD^. RONALD E Totals Check Number 040614 Check Number 040618 040618 BOSMA, JA.v!IE L, Totals Check Number 040618 Check Number 040619 040619 HALLIN, DOROTHY M Totals Check Number 040619 Check Nufsber 04 0620 Check Date 17-Jan-96 17-Jan-96 l7-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 17-Jan-96 31-Jan-96 31-Jan-96 Page 11Check Amount 761.54 761.54 917.36 917.36 258.75 258.75 700.18 700.18 1,079.75 1,079.75 707.83 707.83 984.79 984.79 189.36 189.36 917.47 917.47 i Feb 1996 Thu 3:16 PM Check Register City of Orcno Check Number Employee Name Check Number 040620 040620 KASEMAN. CAROLE A. Totals Check Number 040620 Check Number 040621 040621 MOORSE, RONALD J Totals Check Number 040621 Check Number 040622 040622 VEE. LINTA S Totals Check Number 040622 Check Number 040623 040623 KUEHN, THOMAS M Totals Check Number 040623 Check Number 040624 040624 MILLER, CHRISTOPHER K Totals Check Number 040624 Check Number 040625 040625 OLSON, JCfUT C Totals Check crumber 04 0625 Check Number 040626 040626 AJIDERSON, SRLCE L Totals Check Number 040626 Check Number 040627 040627 BOB2IEN, SUE A Totals Check Number 040627 Check Number 040628 040628 BORIS. SCOTT W Totals Check Number 040628 G'ieck Number 04 0629 Check Date 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 Page 12 Check Amount 752.38 752.38 1,785.89 1,785.88 714.55 714.55 1.298.15 1.290.15 795.54 795.54 749.98 749.98 389.78 389.70 665.42 665.42 701.39 701.39 I ii^ AI I I P€b 1996 Thu 3:16 PM Check Register City of Orono Check Humber Employee Name Check number 040629 040629 CARLSON, MXCSiAEL B Totals Check Number 040629 Check Number 040630 040630 CHESWICK. GARY B Totals Check Number 040630 Check Number 040631 040631 CCR:JICK. JAMES L. Totals Check Number 040631 Check Number 040632 040632 DEMBOUSKI, JAY C Totals Check Number 040632 Check Number 040633 040633 ENGLISH III, IRVING H, Totals Check Number 040633 Check Number 040634 040634 ERICKSON. KURT R Totals Check Number 040634 Check Number 040635 040635 FISCHENICH. DAN T Totals Check Number 040635 Check Number 040636 040636 HAIiSING, CAROL J Totals Check Number 040636 Check Number 040637 040637 JOHJJSON. BRADLEY P Totals Check Number 040637 Check Number 040638 Check Date 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 Page 13 Check Amount 326.42 326.42 1,261.68 1,261.68 1,153.50 1,153.50 1,075.29 1,075.29 353.22 . 3.22 1,088.83 1,088.83 1,018.35 1,018.35 392.55 392.55 1,008.39 1,008.39 SSi • Feb 1996 Thu 3:16 PH Check Register City of OronoCheckNumberEmployee Name Check Number 040638 040638 KARNITZ, RICKY D. Total# Check Number 040638 Check Number 040639 040639 . KNOLLENBERG, KRISTIN L, Total# Check Number 040639 Check Number 040640 040640 MC?ICHOLS. DAVID L. Totals Check Number 040640 Check Number 040641 040641 morowc2y:iski. james Totals Check Number 040641 Check Number 040642 040642 PERSELL, WILLIAM R Totals Check Number 040642 Check Number 040643 040643 SCHOEJIHOFF, JOHN B Totals Check Number 040643 Check Number 040644 040644 TKCMTCN, E4ARK R Totals Check Number 040644 Check Number 040645 040645 TCMCHZCK, LAWRENCE F Totals Check Number 040645 Check Number 040646 040646 TCMC2-/X. MARK W, Totals Check Number 040646 Check Number 040647 CheckDate 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 Page 14CheckAmount 98.74 98.74 588.39 588.39 5.65 305.65 1,291.70 1,291.70 67.41 67.41 1,020.01 1,020.01 900.16 900.16 255.75 255.75 1, 154.44 1,154.44 I r8 Feb 1996 Thu 3:16 PM Check Number Check Register City of Orono Employee Name Check Number 040656 040656 GREGORY. JAMES D. Totals Check Number 040656 Check Number 040657 040657 HANSEN, STEVEN C. Totals Check Number 040657 Check Number 040658 040658 OBERAIGNER. SCOTT G Totals Check Number 040658 Check Number 040659 040659 OBRIEN, RA^^DY L. Totals Check Number 040659 Check Number 040660 040660 PALMER. GREGORY A. Totals Check Number 040660 Check fiumber 04 0661 040661 RATHBUN. BARRY J. Totals Check Number 040661 Check Number 040662 040662 SKREEN, CAl.E S. Totals Check Number 040662 Check Number 040663 040663 OAS, DAIJIEL 0. Totals Check Numher 040663 Check Number 040664 040664 PETERSON. JACK W. Totals Check Number 040664 Check Nu.Tber 04 0665 Check Date 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-96 31-Jan-9C Page 16 Check Amount 1,125.81 1,125.81 754.03 754.03 1,269.76 1,269.76 373.85 373.85 787.63 787.63 1,072.47 1,072.47 685.98 685.98 45.16 45.16 40.38 40.38 8 Pftb 1996 n»t 3:16 PN Ch«clc Nuaber Check Register City of Orono EB^loyee Name Chack NUaber 040665 040665 STEFFENIttGEN* RONALD E Totals Check Number 04Q665 Check Date 31-Jan-96 Page 17 Check Amount 984.79 9B4.79 Grand Total 109.572.92 information ITEMS COUNCIL MEETING OOUNCI.MEEnNd j FEB 12 1996 COYOFOnONO OF TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator February 9, 1996 SUBJECT: Managed Care For the Treatment of Workers Compensation Injuries Without a managed care system, when an employee is injured on the job the employee independently seeks medical care, unless the injury requires emergency treatment. For those injuries that may require prolonged treatment, such as back injuries or other similar injuries, the employee relies on his or her family doctor, referrals to specialist? or other resources the employee may be familiar with to determine the proper treatment method. A number of problems can occur in this process both from the employee’s perspective and the city’s perspective. The employee is basically on his or her own in working through the health care system to obtain proper treatment. This can result in less than optimum care which can lengthen the time of recovery and the time during which the employee is unable to return to work. It also can result in higher medical care costs. To address these problems a number of organizations have begun to offer managed care for treatment of Workers Compensation injuries. The advantage of managed care is that it can reduce Workers Compensation medical costs and help injured workers get back to work sooner. I have attached a memo from the LMCIT explaining managed care for Workers Compensation. Staff believes the benefits of managed care make managed care a program well worth pursuing. Staff will bring a recommendation regarding managed care to a future Council meeting. If any Councilmember has questions regarding Workers Compensation managed care please let me know. FEB 07 *96 10:4Ei^I rCOI*;E't^ C'H P.7 10 eaguc of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 WORKERS COMPENSATION managed care It's Worth Considering June 3, 1994 TO- LMCIT Member Cities and Agents mow: Tom GmnUhooter, LMC.T Senior Staff Counsel SHOULD YOUR CITY CONSIDER MANAGED CARE? YEStI Can a city afford not to at least b7 way o^^ reduce your city’s LMCIT wo'^'ers coinpen.at.on pre coverage year, the credit is pro- :r ^ i, .. .h. *. bottom line workers compensation premium, over the past year and one-half we have ways about workers cities are considering manapd-care. r£ - ;=,.vri’.rris»—•- -» consider. , m'-it v ;-” will be available to discuss managed care v;u. sxr." rs:";s "7-•.«» »" money and help workers. an F.(<u.\r or*F<.poRTUNI-nVAFFlrsMATIVE ACTION .6121490 SWO 1 fit.i0-&2fi- I122t'iu' )f’cr ruy rtxJf Fait61i'4'j0-00" FEB 07 '96 “fuTjlStl 'I'UlFtHlIIES P.3 10 LMCIT Member Cities Page 2 June 3, 1994 t . Managed care channels oi'girtzation is°bett?r able to compensation health care . treatment by working with health care assure necessary and injuries. They can providers who are experienced in qp changes and trends applicable also keep network health care providers up to dale on cnang to workers compensation treatment. ^ititization ManaggEDBIlt Through use of a 7se%iceslnd improve encourage the appropriate use r^f ®®^ basis. The rntgTd ca'e and medrca. uliirzation management are four fold: grst comes into the workers compensation system To evatuato each episode ol medical care and address the Jmcldural necessit^ and eliminate settings that seem questionable • Manage standard o( care and present the most efficient and effective plan of treatment Channel injured employees into the most appropriate network ^r.tiva C Iff? Management canainty from both the employer ’s their family, and their treatment provider to: ' Arrange for alternative treatment when necessary Support and encourage return to work efforts with the employee and employer FEB 07 '96 10:42m VC'Utl'iC'mL CWmiES P.9 10 LMCIT Member Cities Page 3 June 3, 1994 Arrange for physical rehabilitation services • Arrange for needed supplies or equipment • Educate injured workers and their families of weight restrictions Coordinate vocational counselling case manageis also serve as 3'^''°=®'®®'aTthe employ^^a^ his/het medical IVthe erp°oree'a"nd -nVuMCIT claims staff, 6) tne medical providers and the claims staff. ge /ieW of Bills A Pna, cost savings factor rot'ts^rardTJSsthic?^e pre-aulhorized and/or medically necessary wrll be recommended for payment. WHAT COSTS ARE INVOLVED? It varies among the companies care plana charge c.nly for ^asis For those companies that charge on Wnen Ihe manaoed ce “t? any other charge and are '"=|“®®® However, UMCIT beUeves that SSS3E: ss: “s«" »»• City. - FEB 07 '96 iO:43HJi COtPHHIES P.IO 10 LMCIT Member Cities Page 4 June 3, 1994 DOES IT REALLY WORK? reauy too eaHy ,o say for sure slnc« business and Mve_ha^^on,y a limited time to monitor its effective • .promised benefit. The employers, the Initial results P estimates that during the first nine was after paying the managed care fees The Hormel Company has had ” 33“^^^ by ^n^ling I'M interested , now what ? TalK with your agent or speak with ® f"^at°onToolh'in the exhibit hall on conference (we will be available Kermme or me directly. rrH^l^nrcarb^r^hl^^^^^ <312, 591-7.08. . can be reached at the League offices. (612) 490*560 . TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator February 9, 1996 SUBJECT: Resident Concern Regarding Water Fees Attachments: A. A letter from a resident requesting assistance with her water bill due to above normal usage caused by a damaged water heater B- A letter in response to the request from John Olson the City’s Utility Billing Specialist C. A memo from John Olson summarizing the simation and additional discussions with the resident regarding the city’s general water and sewer fee levels A resident has requested a credit on her water bill for above-normal water usage resulting from a damaged water heater. Staff have indicated the city does not provide credits for water usage caused by internal plumbing problems. The resident has requested this case be brought to the City Council for consideration. Two key facts of this case are that the city’s policy is to deny credit to residents for water fees related to internal plumbing problems and that the total cost for the additional water usage in this case was $15.00. Staff does not believe this case merits being placed on a Council meeting agenda. If any Councilmember disagrees with the staff’s response to the resident please let me know. GCH i-B3 m • - ^ m » TEL:bl2-229-1737 Nov 0'9'^b 1<5*02 No.uli r«.Oi « l-]y3~yr5't>-7- To ’. (^JL^<J>^ - \ ‘ -Kxo nexjro* r^o>'4-C L. &orsi^»T^er 3'i5C) Co. SCO (^/UJnO Mf^ 1^) I \-A-qS 7 I /. UcjC^ C^L. / L-u) Z2.qw-i;3 ftm mA_* ccr^v^■Sc^:K/(^^N uoc*J^ CK ajU) oJr 4odcuu; Ke. (Xi^kUui 3- Ai . 4.0J--fa V^l5U. Cp> ujjxcb-*^ • K^pt C a _o roc\>c^ u '^'V d r*v<-A l^ IJVV.A1! C o^dfuAT^ (xJju~^^^J rncuj Bl, !^'^5 c^id "1- Ai CixAAtd ^ lAJst tOia.-tt>a i-U. . OptJA. fY\6V'-Ti^ ^ uyeU^ ctoaoci/^'T^ 4+^ 4^ K jLaJ' AiU-^grfrA 1^ <^A(L truJ' luatiA hiLA-faA,, 0^-^ uj-<AiiA_ UJAD 0<jr>+i'^ut5w>U^ 4>-u!_rN 0U4A ^.UiVJtAa duu/*^ 4-f-uL dAoJu~\. ‘ ' - 1^ -A .N. .'CT^Viq QJ^ v.-'K-Q-. KhJV c ^X^ ^ ^ ClxX:P-^» A^ i^CTT^ fupl^cji 4H Loa'ix.N . l4oLaiL^^^'^., rv^ to::^ lu^wicKX paid^) L004i a4n&A/nsiU>;'. orc^>r^s-4Ar^^^^; 3 tocuo ooor^cAw^ L\\ce^ ^ ^ <2A_ 0;^^^ 5 o^ i ^ LOrM'kdl3>^^ ‘. 44vnv^ X poXcl 4^ inoAdSiw /y^- ' (LcA^'cUAAiT-<>^ _ -0 cL6r\k- tv'UvO |j-&A K-tfu:) UJt^U) \jlT\ occvp '^^ pAx^^ ci-u) ccu ‘^ ^ QjD TL cci>e/W ^ y • • • » j^^£jer book no, dl'^2. Address Name WER, WATER DEPARTMENT V Date ------------------------------------ A/frc^k Phone(^0 (H) New Owner Remote No: Old Meter No: Old New New Remote Reading: Old Meter Type & Size: Old New New Meter Reading: Old New Problem Previous Reading* 4'ih Quarter ___%0 N ew 3rd Quarter lo ^ 2nd Quarter Work Requested; Date Time Date Complexd Mechanics __ r /-/57 5>V-^/-*7 CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Ofono. MN 55356 Mailini Mdress: P.O. Box 66 Crystal Bay, MN 55323-0066 Mani L. Boehmer 3750 Casco Ave Orono.MN 55391 RE; Utility Account at 3750 Casco Ave (#1-163-3750-7-4) . • A- -vtAH rhit the utilitv bill had increased dramatically. Your account "period for the 2nd quarter of 1995 (May 27 - June 30). and a lUll billing for the 3rd quarter (July 1 - September jO). October I - December 31, 1995. In those three months, the follotving base charges are accrued: Water base fee $20.10 per quarter Sewer base fee 69.90 per quarter Recycling fee 5.50 per quarter Water Testing fee (Federal) _UlLper quarter Total Base Charges 596.30 per quarter ,n addition, water consumption is charged at a rate of $1.71 for every thousand gallons consumed. quarter for a single person). Telephone (612) 473-7357 • FAX 473-0510 i Marti L. Boehmer City of Orono November 15,1995 page 2 our poucy in the pa« ha. b«„ .0 problem was with the water heater, an appliance the City oi u hr.rnn«;e vou fixed the water heater, which will You should realize some consumpuon savings b«at^ y benefit you in the future. We also appreciate your efforts to conser^e % Thank you for your lener, 1 hope this information has been helpful for you. Sincerely, Jolm Olson, (^uty Treasurer (BPW January 23,1996 To: From: Subj: Ron Moorse, City Administrator John Olson, Finance Request for Utility Assistance - 3750 Casco Ave Ms. Broehmer contacted us regarding her utility bill. She is asking the city for some kind of assistance or adjustment for the charges. She feels the rates she pays in Orono are too high. She is comparing her utility bills from her previous residences in Minnetonka, Inver Grove Heights, and Lakeville. —|.u..ofia.«<>uiI day) is average and that I can see no sigmticant cause for alarm. 1 have written a work order to have Public Works get a check-reading on her meter. She is interested in working with a commission to study the possibility of a base plus use fee for sometime this summer. Enclosed is her initial contact regarding the high rates, and my response. ff-Pls that her case should be brought before the City Council for consideration. She menftot sliding seal/for single people be instituted. She feels the total u.ility bill is very high for her small home (800 sq. ft.). Please let me know how I can be of assistance to you. Ms. BoehmePs address is: Mani L. Boehmer 3750 Casco Ave Wavzata, MN 55391 To: From: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Date:Febrxiary 5, 1996 Subject: Lowry Woods/Access Issue - Information List of Exhibits A - Resolution No. 3210 B - Utilities and Access Easement-1992 Plat C - Popham Haik Letter to Title Company D - Quit Claim Deed of Nature Conser\ancy Property During the review of the three unit PRD. Cristofori Woods, staff was advised of the need for the City to acquire access to the Nature Conscr\'ancy property' as the property' was landlocked. Refer to E.xhibit B. a 15’ wide easement was granted by the developer providing access to property for emergencies or other municipal needs. The Cristofori Woods subdivision application was reviewed over a two-year period of time, receiving final plat approval in December of 1992. The deed giving the City the Nature Conser\ancy property was accepted by the City in April of 1994. In review of the files of both the preliminary' and final subdivision applications, there was never any request on the part of the City to obtain anything more tlian simple access to the parcel in the winter ot 1992. cc: Dick Flint Susan Wilson Lili McMillan Isv CITYof ORONO RESOLUTION OF THE CITY COUNCIL fV NO.3210 A RESOLUTION APPR07ING THE PLAT OP CRISTOFORI WOODS AND PILE NO. 1706 WHEREAS, ths City of Orono is 3 inunicipsl corporation organised Ld eSfting und'er ’^he laws of the State of Minnesota, and WHEREAS, the City Council of the City of Orono has adopted subdivisiorregflliions for^he orderly, eoonoMio and safe development of land within the City? and MHEREAS, the City Council has considered ^^e application for a three unit Planned Residential ■’-velopment and subdxvxsron o^^^ plat by William F. Knapp and Evelyn S. Knapp mereinaic subdividers)? and WHEREAS, the subdivision for the 1 rvio-roinaf*-er "PRD") has been found to meet all pertinen standards of the ^-lA fSmi^^ residentialas'Hbfi' IS the PRD? and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: 1. 2. 3. 4. completion of all the requirements ”°hj,e\“®unit resolution granting preliminary appro 1 PRD and subdivision. Dedication on the plat of ^ public road shown as County Road No. 84 or Baysxde Road. Creation of a new private road shown on fAe plat as Out to be )cnown henceforth as Cristofori Circl . Concurrent with the C^ity a^^rJad and^utility L^^^^nt^^^r-tlnl t^and utility easements over said outlet, the suoaiviu Page 1 of 4 —*1. • % CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3210 5. 6. 7. 8. 9. 10. 11. created non-exclusive ingress, egress drainage and utility n^mentrover said outlet in favor of all abutting and/or benefiting lots including a declaration maintenance covenants wherein each of the abutting benefiting lot owners, covenant and agree to P®5”‘n?ivate maintain and pay the cost of maintenance for said private road. Dedication to the City of a drainage easement limitations on the use of retention areas and drainage ways described therein and shown on the plat as drainage easements. Dedication to the City of an open space easement over Outlets A and B, Cristofori Woods, in order credit for planned residential development within the RR lA Zoning District. Dedication of a utilities and access easement ?tv‘"^ access to the adjacent Nature Conservancy property that currently landlocked. Execution of a subdividers agreement !^ltallation of certain improvements as a condition of subdivision approval. Payment to the City of a park dedication fee in the amount of $200.00. Payment to the City for theplat, easements and covenants in the amount of $150.00. Payment to the City for the filing of the final subdivision application in the amount of $150.ou. NOW, THEREFORE, BE IT RESOLVED, He^ City of Orono hereby approves the plat of Crist - County, Minnesota, subject to the following conditi 1. In the approval of the fol^owing^s^ development standards have been approved by the City. • • Page 2 of 4 i- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3210 _________ a. Residential construction setbacks are as follows: 50' front and rear 30' side 50' from Outlet D 26'from all areas designated as drainage easements b No residential construction or land alteration shall be allowed within areas that exceed 18% slope. c. Accessory structures may be located in front of the front line of the principal structure on Lot 1, Block 1 and Lot 1, Block 2. 2 The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar o Titles Office on or before June 14, 1993 together with certified original copy of this Resolution and executed copies of the easements and covenants noted above. The aoDroval granted by this Resolution shall expire if the plat has review. AATTEST: Dated this 14th day of December, 1992. D^othy ^^Halliri, City <Clerk Barbara A. Peterson, Mayor Page 3 of 4 fuvr 2 - io -‘I'Z— CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3069 A RESOLUTION GRANTING PRELIMINARY i^PROVAL OP A CLASS III SUBDIVISION AND PET. MUNICIPAL ZONING CODE conceptu ISy ^S^pr S^s' FOR A PRD OP 3 RESIDENTIAL UNITS FILE NO, 1470 & 1706 WHEREAS, William T- ■'“PP illZ'c^Ton “the ^*''1,®"/5V/’a®nd on December 24, 1991 fils'! ®filed on September 2 2, 1989 Residential Developement with the ?rtf Kf rter p?l^2rtT” ,°eTA°lV'ae^/criKl as follo^ws = See Exhibit A attached to this resolution, Hennepin County, Minnesota, (hereinafter "the property ) and, WHEREAS after due published and mailed notice in WHEREAS, alter one pu Orono Zoning and with Minnesota Statues ®"‘! held public hearings subdivision codes, the Orono Pla 9 = January 21, 1992 at which ??m°ef fll%arsons’d;siring to b; heard concerning this application were given the opportunity to speak thereon, an WHSREAS at their regular meeting held on :Snd?t7o"n\f the following findings of fact: 1. The property is “"nttnded‘"to allof a® co*riiltion”of fot"de"nsrt; reTilen\Ya“'dVvel^"pmfnt and limited agricultural activity. 2. This property consists of ’’property. * M^jor ^Sr^\"^n"s"o7st«pl7s^ope'^^Ipog^'h^^^^^^ up'the remaining dry buildable lands. 3 The unusual shape of the property prevents oeing developed ™der lot standards for a conventional plat. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.3069 4. Per Section 10.32, Subdivision 2: Allowed per total acreage = 3 units (total acreage = 17.06 acres) Proposed = 3 units 5. All lots shall be served by the new private road, Outlot C, and private driveway, Outlot D. All structures within PRD shall be located 50 feet from Outlot D. 6. Each residential pad has been found to have suitable soils for both a principal and alternate on-site septic drainfield. ^ Septic drainfield areas have been located within each individual building pad. 7. The subdivider shall grant access easements to the Nature Conservancy property and the property to the northeast that is landlocked. 8. The City has approved special setbacks for all residential construction within each defined building pad or lot as shown on the preliminary plat as follows: 50' front/rear 30' side 26’ from easement designating drainageway/ravine. 9. The City has recommended that a road corridor to the Luce Line not be provided and that access to the Asao and Deters property to the immediate northwest need not be provided via this property at the time of this plat. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Bayside Woods i^qq drawings by Hansen Thorp Pellinen Olson Inc. dated September 12, 1989, revised September 7, 1990, and conceptually grants a conditional use permit for a Planned Residential Development of 3 single family detached dwellings, subject to the following conditions: 1. Outlots A and B shall be set aside as area credit for the 3 unit Planned Residential Development known as Bayside Woods. Applicant shall create open space, flowage and conservation easements over said outlots. Samples of such easements have been enclosed for applicants use. Page 2 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069_________ 2. 3. 4. 5. 6. 7. Outlet C shall be developed as a private road at a 50' width. Said road shall be built per City standards except that the cul- de-sac area of the road shall be developed in a loop design so as to minimize impact on existing trees and steeper elevations. Subdivider is advised that building permits for new residential construction cannot be issued by the City until bed of private road has been installed and approved by the City* Road construction cannot commence until the subdivider has submitted engineering plans and the engineering plans^ have been approved by the City Engineer. In addition/ subdivider shall execute a Developer's Agreement (see sample enclosed) and post a Letter of Credit (see saunple enclosed) to be written to 150% of the cost of road improvement. Outlot D shall serve as the private driveway outlot to be platted at a 30' width. Road to be constructed to a 16' width based on the topographic concerns and location of mature densely populated trees. It is strongly recommended that the private driveway be constructed at the same time private road is constructed. Developer's Agreement and Letter of Credit will not cover private driveway construction. Drainage easement to be talcen over portion of Outlot B that divides Lots 1, Bloc)c 1 and 2. In addition the City shall ask for a 30' wide drainage easement within Lot 1/ Block 1 over drainageway that runs from south to north. Special construction setbacks approved with this PRD are as follows: 50' front and rear 30' side 50' from Outlot D. It should also be noted that a 26' setback shall be required from the drainage easement that is located between the shared lot lines of Lots 1» Block 1 and 2 and drainageway that intersects Lot 1/ Block 1. No residential construction or land alterations shall be allowed within areas that exceed 18% slope. Accessory structure may be located in front of the front line of the principal structure on Lots 1, Block 1 and 2. Page 3 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3069 9. 10. 11. asked tor an adaitionax / aeuii-a- defines this portion of Bayside Road as a collector road. Maximum right-of-way width shall be maintained at 66* width. Subdivider to grant open space easement over Outlets A and B, shared/commonly owned open space areas of PRD, open space easement to include access easement to Nature Conservancy property to northwest. Easement to be created over narrowed portion of Lot 1, Block 1 and Outlet A and at a minimum 20' width. See sample enclosed. Applicant to select name for road. See form attached. Road name approval is a separate action of Council. As soon as applicant has selected name choices, staff shall schedule applicants request before the Council. (See sample attached.) Please refer to enclosed covenant for maintenance of private roads. Applicant may wish to include language within private covenants for Planned Residential Development. Applicant has option to either execute enclosed covenant or to include in comprehensive covenants for PRD. Please note your covenants should include upkeep and maintenance of shared open space areas within Outlets A and B. 12. FINAL PLAT SUBMITTALS: The final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: RECORD PLAT drawings in the form of two (2) mylar copies (one copy for the City's records and one Hennepin County). In addition, (1) copy reduced to 1 -200 . Drawing to include: 1) All items as specified in the appropriate conditions noted above; i.e. private road outlet to be at a 50 width, private driveway outlet at a 30' width. be designated as shown on drawings by Hansen Thorp Pellinen Olson Inc. 2) Drainage easement shown over area of Outlet B that divides Lots 1, Block 1 and 2 and over drainageway within Lot 1, Block 1 at a 30' minimum width. Page 4 of 6 A. CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3069NO. 3) 4) Dedication of 33' of right-of-way for Bayside Road. 10' wide drainage and utility easements along perimeter of all lot lines. Rename plat as City already has a plat named Bayside Woods. Upon the submission of all final submittalSr applicant is to provide confirmation that new access easement to serve property to northeast is included within outlet. B.OTHER SUBMITTALS REQUIRED: 1) 2) 3) 4) Executed open space easement over Outlets A and B to include access easement to City to Nature Conservancy property. Executed Drainage Easement over defined drainageways. Road name request form completed. CITY OF DRDHQ Executed Developer's Agreement and Letter be written to 150% of the cost of constructi^^ApY Mi.u4.il I iiiniTA luu 5) 6) 7) Private Road Maintenance Covenant. Covenants for PRD. Executed Road and Utility Easement over Outlot Cr private rcid. 13. FINAL PLAT FEES TO BE PAID: Total Due $500.00 A.$200.00 park dedication fee. Note preliminary subdivision 0?dinrnceTppTov/d^by%^^^^^^^ on April To/l990. ($100.00 for each residential unit at 5+ acre unit densxty) B. C. Final plat fee = $150.00 Filing of plat and associated doctiments » $150.00 Page 5 of 6 I •* * •<. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3069 Adopted by the City Council of the City ofAdopted by the city counc.x 1992. .t a regular meeting shall expire^one year from the datePreliminary s“*>'^tyt“on approval sh 11 to meet the one year llafllneThriY^/ufr™ filing of a new subdivision application ^ ^ • •with the City. ATT! frothy Mr^Hallin, City Clerx STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged h°^ 10th day Minn^s^a m’unicipai "o^p^ation Ynd's^Yd’' ifstr"™\nt"L executed on behalf of the City. CAROIC A HASEMAN HENNEPIN COUNTY MY CCt:?J.£SCN EXPIRES t.2S-« , Page 6 of 6 i '• 4 pm • ; ' • 6017699 6 UTILITIES AND ACCESS EASEMENT THIS INDENTURE, made this LVUJj^fn iM^PP Bve^DfK) S 3 and day of between hereinafter corporation, t.nd«“hO°laws of tht StOtO^'Of Min °eso"°a, Lreinafte . referred to as "Grantee". WITNESSETH, that Grantor (s), in consideration of the sum of One Dollar ($1.00) and for other good and valuable consideration given bv Grantee/the receipt of which is acknowledged by Grantor(s), do(es) hLebv grait, Lrgain, sell and convey to Grantee, its successors and assigns an easement for construction and maintenance of utilities, together with ingress, egress and access thereto, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: fi IS ^ ^ nmos.;) AT ■ri’S-nK!., ^OAJ LOT i, S ^ ,rt OT &' SOOTH /T7//L C/7JfS OO TO ^ CSX6KX including, but not by way of limitation, a full and free and authoritv to enter upon said land to construct# installf r oo«ati! ani repaTr a sanitary sewer interceptor, lift statron, marn or line, a water main or line, and the Grantee shall haire the right make such use of said land as is reasonably necessary and advisable t the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee covenants and restrictions contained herein may be enforce y injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. Th° Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: ^'0K)E IN WITNESS WHEREOF, said Grantor (s ) have set their hand (s) on the day and year first, above written. / ' / “ TT— irrjiZ'cZA rzH C'.'''-.LOTS JAfJ 4 A/ CZFUTV • ^ #• STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) on this day of OeCemeS/^_ ______________________, 19 , me personally appeared oerore -» to me known to be the p'er^n(sTdes«xbed in and wn?t igned acknowledged that they executed same as their free acv. and de 'J NOTAR STATE DEED TAX DUE HEREON: PUBLIC CHRISTINE A. PETROVICH NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY This Instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY 4344 IDS Center Minneapolis» MN 5540'* (612) 335-9331 > My Commission Expins Ok. 29,1 997<, w^a#^aa^vsaa^aa^aaaaaaaaaaaaaaaaaaa^* • - P OPHAM HAIK SCH NOBR1C H flk KAUFMAN, LTD U»S. orriccsi OS»V«»,CALOMADO TKU 9OS-«AS*II00 MIAMI, FUAHIO a rsi. 30S-9JO-OOSO WAAMIWATOM. O.C. rck 2oa-»€t>t70o SUITE 3300 222 SOUTH N inth stneet Minneapolis . Minnesota 35S02 TCL 6l2-333>4SOO FA* 612-334-eeea Stcvcn a . Kaye , Esq. DtiICCT DIAL (612) 334-604! nCKSr May 3, 1994 LCiniO. OKIIMAMT Ttu Ol I4S-34 I.ASISA2S STgrroAHT, Ot«««*MT TCU 01 I4S.7I 1-22342 fu <0LF GT<'Q*C <=o - 1 ----- Ms. Jane Miller Chicago Title Insurance Company Suite 2200 45 South Seventh Street Minneapolis. MN 55402 Re: Lowry Woods Tract Your File No. 2440323 Our File No. 3643-117 MAY s' '1994 ^ r".' *v 1 TIESSQ s 4\\* I Dear Jane: recording fees to my attention. Please then issue the final owner’s title poUcy. Should you have any questions regarding the enclosed, please do not hesitate to call me. Very truly yours Steven A. Kaye SAK/jpw Enclosures Ronald J. Moorse w/encs. Thomas J. Barrett w/encs. Kevin Staunton w/encs. cc: 610/22044091 5/3^4 V. ; . - I ■ "- 'i • •• V1 *• •' ..1 .• I I . • t t Cw^atlotrer Pirtnirifitp M Corpofftton or Partntf ihlo to ^vwU»riAiiwa*4 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real EsUte Value No______________ .19 County Auditor Deputy STATE DEED TAX DUE HEREON: $ 1.65 Date:______A^i\ _________________ . ig 94 (reserved for recording data) FOR VALUABLE CONSIDERATION, The Mature Conservancy. a non-profit corporation--------------------------------- D District of Columbia , Grantor, hereby conveys and quitclaims to_____City of Orono under the laws of a Tnunlcipal corporation ________Hennepin under the laws of the State of Minnegotn Grantee, .County, Minnesota, described as follows: , real property in i See attached Exhibit A This conveyance la subject to the restrictions appearing In Exhibit A. The Grantor certifies that the Grantor does not know of any wells on the described real property. Ilf mor« tptct It nttdtd. coniinut on bock) together with all hereditaments and appurtenances belonging thereto. ^ The total consideration for this ^ / transfer is less than $500.00. THE^^K^URE CONSERVA^Y Affix Drcd Tax Stamp Here fk\J Vice President STATE OF MINNESOTA COUNTY OF HENNEPIN Assistant Secretary ss. The foregoing was acknowledged before me this by__ Bruce Runnels the__ of__ Vice President The Nature Conservancy _day of_ _ April Hi nnn#» Mn<;fpr«; Assistant Secretary ,19. under the laws of the District of Columbia r — I NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) L___ SUSAN M. CORBIN > HOUlt J HlNNtPlN ) M» .o— , on behalf of the ____ CxV^--- , a non-profit corporation corporation SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT !A. T«« SUlirntnli for tht itaJ propmr dclertbid In IhU Initrunitnt thould bt Mnt to (Ineludo ntmo tnd iddrtii of OrAnt««)t THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Leslie Gillette, Regional Attorney The Nature Conservancy 1313 Fifth Street S.E. Minneapolis, MN 55414 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Exhibit A Legal Description All of the West one-half (Wl/2) of the Southwest Quarter (SWl/4) of the Southeast Quarter (SEl/4), Section Thirty-one (31), Township One Hundred Eighteen (118), Range Twenty-three (23) ; Except a strip of land One (1) rod wide over, along and across the North end of said tract; and Except the North Sixty (60) feet of the South Seventy-nine (79) rods of said tract; and Except the part thereof conveyed in 1964 to Keith L. Howell, to-wit; Subject to any roads, highways or rights-of-way now laid out or existing on or across said premises or any portion thereof, an Subject to the following use restriction: The land shall be permanently maintained as a park or natu^-al area in its predominately natural and wooded condition. Use of the land shall be restricted to scientific, educational, recreational and aesthetic uses not in conflict with the land's natural and wooded conditions. No buildings or improvements shall be constructed or maintained on the land except for facilities such as trails and interpretive signs which reasonably relate to an allowea use that conforms to the land's natural and wooded condition. These use restrictions shall run with the land and shall be binding upon and inure to the benefit of grantee's and grantor's successors and assigns. iiiiiSiiiS of the Southeast Quarter; also excepting the North 60 feet cf the South 1303.5 feet of said West half of the Southwest Quarter of the Southeast Quarter; • 1 ! SHOE OF MINNESCaSU AFFIDAVIT )ss NIY OF HENNEPIN) Tiaqiio Gillette being duly svrom an oath, states that: The Nature Conservancy is the grantor in that certain de^ conveying to affidavit (the " Property'*). Tb the best of the affiant's information and belief: Ihe Property is vacant and unoccupied. 2 There have been no materials of labor furnished or ^ro^^n^ts made to the Property described herein during the last 120 days frcm which any mechanic's liens may have arisen. - „’ESr.SS1?S.1SSS'.!-St5. except as stated herein. 4 fipprcpriate ixwestigatim vdth <±B county teen nade relative to jending sfeoral aeseaanents and taxes. 5. ^ have teen Nature Conservancy during the tame ic na& ~ r 6 TheiE are no unsatisfied judgments of recorf ®5^'^=fSr+*S!^ProDertv SinsS^cy nor any actions pending in any courts «hrch affect the Prcyerty. 7. There are no tax liens against The Nature Oanservancy. a There are no encroactoents or boundary line ^tions ^e^ing the LpSS^cSpt the following afferent or possible encroachments: a. prcperty. b. c. a drainage ditch in the southerly part of the prcperty. a utility easene.nt along the westerly border. THE NATURE CENSERVANCY SUSAS M. COP.3.N J ncf*‘* ►v*iic-—“•••‘'O'* S M‘Jv N c P!N COL'NIV comimuion SOIA ^ fY s i-7.98 ? W The foregoing instrune.nt was ackncwle^ before me th^ day of April, 1994, by I^lie Gillette. |CcvC_________ Notary Public Suaa»» n. My Ocnraission Expires: D ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 16. 1996 ROM. The Orono Planning Commission met on the above date with the following members present: Acting Chair Charles Schroeder, Sandra Smith, Dale Lindquist, and Elizabeth Hawn. Steve Peterson, Janice Berg and Candace Rowlette, who recently submitted her resignation, were absent. The following represented the City Staff; Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaflffon, and Recorder Sherry Frost. Council member Jabbour was present. Acting Chair Schroeder called the meeting to order at 7.00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION MEETING (#1) #2094 RODNEY A. CRAWFORD, 4705 NORTH SHORE DRIVE - VACATION OF UNIMPROVTD PUBLIC ROAD - 7:00-7:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was represented by Phyllis Atchinson. Mabusth reported that the application was for the vacation of Lake Street to the lakeside of applicant's residential lot. Lake Street as platted in lift is not shown on recent plat maps. Staff displayed a copv of a 1 960 ’s plat map where Lake Street was shown. The County confirmed for staff that Lake Street had not been vacated. The road was originally platted at a 20* width to the west of subject property, and the County will coirect plat maps to reflect platted right of way The specific portion being requested for vacation is at the lake side portion of the property, and the vacation is a condition of a^ sale. Mabusth noted that the street serves no public purpose. The City will ask for 20’ wide ea.sement to be retained over the dead end sewer manhole. 10* to either side, to be extended 20* to west Mrs Atchinson was given a copv of a sketch of the easement and a copy of an access and utility easement to be completed prior to filing of vacation resolution at the County. This application will be on the January 22 Council agenda. There were no public comments Schroeder received confirmation from those in attendance that there was no other public interest in the vacation application. It was also noted that the DNR had no problem with the vacation. Lindquist moved. Smith seconded, to recommend approval of the vacation application subject to a 20' easement over the sewer line and manhole within the unimproved riglit-of- wav. Vote. Aves 4. Navs 0. NflNUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#2) #2101 JEFF BOWEN, CHARLES HONMEYER, AND KEN ROLLAND, 4119, 4125, AND 4127 OAK STREET - PRELIMINARY SUBDIVISION OF A LOT LINE REARRNAGEMENT AND VACATION OF UNIMPROVED PUBLIC ROADS - 7:30-7:38 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Mabusth reported that the application is for a lot line rearrangement of 15 lots to make 3 conforming lots. Lot 2 is slightly under 1 acre but will be brought into conformance. Mabusth commented that the vacation will not involve all of Oak Street as a public access will be maintained to ravine area at lake. The applicants will dedicate 10* ot additional right-of-way for Linden Avenue for a total of 40 ’. A 30' corridor will be platted to the Knight property. The division and vacation application will still provide public access to the Knight property. Mabusth noted that there would be an easement taken over all utility lines located within public right of way to be vacated. A blanket easement would be taken for Oak Street and Park Avenue. There would be a shared access for lots 1 and 2 at Linden Avenue requiring an address change to Linden .Avenue. Lot 3 would still access from Oak Street maintaining the same address. Mabusth said the applicants had followed the directives given by the Planning Commission during the sketch plan review. The applicants noted that they had met with City Staff and Engineer to ensure that all requirements were met. There were no public comments. Smith asked if the drainage easement and dedication of utility easements were located. Mabusth said they had, and the applicants were familiar with the process. Lindquist moved, Hawn seconded, to recommend approval of Application #2102 for the proposed vacation and lot line rearrangement with the following conditions: 1) Applicant to grant a drainage easement over the drainagevvay that runs from the north to the south over portions of vacated Clyde Place and portions of the proposed residential lots. Drainage easement to extend over vacated ponion of Oak Street and culverts that run under gravel drive. 2) Lots 1 and 2 shall access properties via a shared drive at Linden Avenue. Oak Street addresses are to be reassigned to a Linden Avenue address. 3) Applicants to dedicate utility easements over all utilities located either within dedicated right-of-way or outside of vacated right-of-ways. 4) Drainage and utility easements 5 ’ wide adjacent to all internal lot lines and 10' wide along all exterior lot lines to be omitted along shoreline Lot 2 was noted to now meet the one acre requirement. Vote: Ayes 4, Nays 0. AT-' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#3) H2096 DIANE AND KEVIN HOLMES/ORCHARD PARK FARM, INC, 555/585 STUBBS BAY ROAD NORTH - SUBDIVISION OF A LOT LINE REARRANGEMENT - 8:30-8:36 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Mabusth reported that the application is for a lot line rearrangement in the 5 acre zoning district, which will bring the Holmes' property into conformity. The two acre homestead will acquire three acres from the larger parcel. There are no easements over the wetlands at this time as well as no designated wetlands within the homestead property. The larger parcel had no principal structure but did contain accessory structures. The accessory structure will now be located within a lot that contains a residence. Mabusth said drainage flows to a culvert to the east under Stubbs Bay Road. The application should be allowed via a simple metes and bounds division, but a 10' drainage and utility easement will be obtained for the 5 acre parcel with a 20' dedication along south lot line for drainageway. There no public comments. Lindquist moved. Smith seconded, to recommend approval of Application #2096 with the condition that prior to the application being scheduled before the Council for approval, the applicants' surveyor shall provide an amended survey including signature lines for all property owners, mayor, clerk, and date of Council approval. The applicants are also to grant road and utility easements over 33' of right-of-way of Stubbs Bay Road along east side of all three parcels. The applicants noted that they understood the conditions Vote: Ayes 4, Nays 0. (#4) #2099 LOREN BRUEGGEMANN, 372 WESTLAKE STREET - SUBDIVISION OF A REPL\T AND VARIANCES - 8:36-9:14 P.M. The Certificate of Mailing and Aflidavit of Publication were noted. The applicants. Loren Brueggemann and Dean Maeser, along with attorney, Mr. Proveau, were present. GalTron reported that the sketch plan was reviewed this past fall. The application is for a request to rearrange or replat 3 lots of record totaling 1.99 acres into two building sites of approximately one acre each. This property is located at the end of Westlake Street. Gatfron reviewed that propeny to the south is in the I acre zoning, and to the west and north is 2 acre zoning. The neighboring properties consist of lots smaller than the 2-acre requirement, with several at .7 acres and 1.4 acres MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#4 - #2099 Loren Brueggemann - Continued) Gaffron continued explaining that the property consists of a single house and two cabins. Westlake Street is sewered, and said property has been provided with one unit and assessed for same. The house overlaps Lots 10 and 11. A storage building is within Lot 11. The two cabins are mainly in Lot 12. A septic system is currently being used on the property serving all 3 dwellings. There are separate tax statements tor each lot, but historically, the property has been used as a single lot. There is a single driveway, septic, well, and one owner resulting in the City viewing this as a single site. A 20’ corridor is proposed as access for the easterly proposed parcel. The existing house and cabins are to be removed and one home is proposed in that area. The proposed new home would meet the 75 ’ setback. The flag lot proposal creates a front^ack lot configuration . Because the code requires a 30' outlet ot. 14 acre, the front lot (Lot 1) would be .76 acre, and lot 2 would be 1.09 acres. The outlet acreage is not to be counted in the total acreage. 150% of acreage, or 3 acres, is required for the backlot. This would result in a 65-70% variance. The front lot, where 2 acres is required, would be about 3/4 acre, and would also need a large lot area variance. Both proposed lots meet the required lot wndth measured at the lakeshore and at the 75' setback line. The platted alley south of the 2 lots has not been vacated, hence, not all of the shoreline is attributable to the lots. The backlot. Lot 2. requires 150% of the 30’ side setback or 45'. The required 50’ setback for Lot 1 from the access outlot creates a narrow building envelope requiring side setback variances for a minimal 30-35’ wide house. Gaffron reported that the hardcover standards are nearly met by the proposal. Lot 1 hardcover is proposed at 28.8% requiring a variance, but lot 2 hardcover is proposed at 20 5% where the requirement is 25%. The hardcover numbers as listed in the submitted Tnformation are different due to lack of an outlot. For the entire site, the overall hardcover with the driveway would be at 35%. While this "overall hardcover standard is not in the code, the DNR recommends 25% Orono’s standard of 25% in the 75-250’ zone is nearly met. Gaffron said there are conceptual problems with the subdivision itself The memo lists 12 examples of how the existing situation is nonconforming. With the nonconformities and the historical use of the property. Staff noted that none of the 3 existing lots conform in area, width, or setback, and individually could not be built upon. The lot line rearrangement to 2 sites would not meet code. The proposal is defined as a Class 2 Subdivision. Based on the factors listed in the memo where it is shown that an increase in density could not be allowed, GatTron said Staft' could not recommend approval of this proposal Gaffron asked the Planning Commission to look at the neighborhood and the consistency in zoning within that neighborhood. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 - #2099 Loren Brueggemann - Continued) The Attorney representing Mr. Brueggemann reported that Dean Maeser purchased the property 10 years ago and has mainly used the property commercially with the cabin rental. Proveau said the memo relating the history and problems associated with the property are correctly laid out, but it is his opinion that history needs to come into play, particular!) with the 3 lot plat, which is now non-conforming, and how the lots were used. Proveau asked the Commission to deal with the justification for the need for variances. He believes the facts show a reasonable use of the land, and the plan alleviates problems with the current use Proveau noted that sewering would eliminate t!ie non-conforming septic system. The change in use would bring the property to more contormity as residential. Proveau said the majority of the lot line setback* wru'd be met as well as most of the code recjuirements. Proveau said the proposal would n»'!ow the owner to make reasonable use of the property. Proveau commented that the proposal would be in character with the neighborhood. He noted the average lot size in the area to be about 3/4 acre. Proveau said there are two sewer stubs installed at the end of the street to w hich the two new residences could be connected. He took issue with the undue hardship it the City considers the variances. Proveau noted that the statutes allow tor variances tor reasonable use of a property, and questioned who had the burden of showing reasonable use He noted the problems were not created by the applicant, but e.xisted before his purchase of the home, noting the use as a commercial marina years ago. There were no public comments. Hawn said the Council was asked to look at rezoning similar areas and had declined, and chose to deal with particular proposals individually. Hawn also noted that, although there are two sewer stubs, only one is authorized. The Council had looked at the potential of three lots and the non-conforming use over the 10 years and declined the additional sewer units, advising the Planning Commission that there would be a need to find compeling reasons to make any changes. Smith asked for clarification on nearby propenies where two lots were combined. Gaffron noted in the Bichanich site, a few lots to the north, there were two existing lots with buildings, one without septic. When the two were combined, a side setback variance was required even after creation of a 1 4 acre parcel. That particular proposal was not a rebuild but an addition to e.xisting residence. It was noted that all the 7 acre parcels in the area existed before the code was established Gaffron said to tear down and rebuild on any of them, it w ould require variances to lot area, lot width, setbacks, and possibly hardcover for each of those 0 7 acre lots Smith indicated that with the added impact of back lot requirements, it is difficult to approve a second lot from applicant's site. Lindquist concurred, opining that the direction was clear. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#4 - #2099 Loren Bmeggemann - Continued) Schroeder agreed with Smith and Lindquist. Gaffron commented that the cabins were currently rented. He added that the Council had given direction some time ago allowing a fair period of time, two years, to continue the cabin rental with no need to temporarily connect to sewer, but with the main house sewer connection required, which has not been done. Schroeder said the hardships do not mert the number of variances requested. Proveau said that Maeser expressed concern with the sewer hookup issue. He noted that the financial benefits of cabin rental were significant to Maesefs ability to owning the property. Proveau said if the sale of the property were to tall tlirough, Maeser would request the cabin be hooked up to sewer. Proveau asked that options be considered to enable Maeser to homestead the property noting that the code was the cause in the decline- of the market value of the property. Lindquist responded thai he had a problem with splitting up a 2-acre parcel in the 2 acre zoning district. Smith suggested the possibility of purchasing additional property from the owner to the north. Gaftron said there was probably not enough land to do that; but with one lot only, a portion right be sold to that neighbor to increase his lot size. Brueggemann said the feasibility of a sale of any land to or trom the aeighbor to the north was slim. Gaffron said the neighborhood redevelopment process, by which two lots would be purcn..*. iugether to create a more conforming single building site, is a slow process. Mabusth noted that even if the area was re-zoned to I acre, variances would still be required. There would still be the need for a total of 2-1/2 acres including the outlot, resulting in a half acre shortage. Schroeder asked the applicants if they w ould prefer the application be voted on or tabled, Brueggemann inquired about a joint session between the Council and Planning Commission to discuss the sketch plan Gaffron said the application had not been discussed in the joint session though it was previously suggested that a discussion ensue resarding the sketch plan. Gaffron informed the applicant of the 60 day time frame for review of ary application, and noted that the applicant needed to agree to tabling the application or the Planning Commission would have to vote on it now. Brueggemann asked that the application be voted on and carried forward to the Council. Schroeder moved, Hawn seconded, to deny ^^proval of Application #2099 as the hardships do not justify the variances required for the subdivision as outlined in the memo. Vote: Ayes 4, lys 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#5) PROPOSED ZONING AMENDMENT, ORONO MUNICIPAL ZONING CODE SECTION 10.20, SUBD. 3 (A, C, E, AND F) - 9:14-9:36 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Gaffion reported that the Planning Commission is being asked to review the compatibility and suitability of specific conditional uses as to their impact on the adjacent residential zones. Th.' Planning Commission also would need to decide if there a need to provide additional performance standards or to eliminate specific uses to protect and ensure the integrity of Orono's residential districts. Gaffion noted that the R1A zoning allows a number of uses via conditional use permits in residential uses. Gaffion said the amendment proposal for Section 10.20, Subd. 3(A), regarding school use, is whether to amend it to include a number of possible accessory uses associated with school use. Setback requirements may need to be set for various non-residential uses occurring in the residential zone. He noted that all residential zones refer to the R1A standards. Schroeder noted that amendments are normally looked at in work sessions and asked what public interest there was in the amendment. A member of the public reported concern with the enclosed hockey arena discussed elsewhere on the agenda, noting the ditTerence fi'om a tennis court or open playing field, and the need for at least 10 acres for such a large building, where the plot is only 4 acres. The desire was for the land to remain "green." Schroeder asked if the speaker had been present during that discussion. The speaker said he had not been informed of it. GatVron commented that the sketch plan review of the ice arena required no notification as no action is taken on a sketch plan application It is the time for the applicant to gain feedback from the Commission on the proposal as to its viability. The plan is not discussed in detail during a sketch plan review. Gaffion noted the public meeting scheduled for January 24, Wednesday, regarding the ice arena. Schroeder informed the audience that he was delighted that they were here in regards to the arena as the Planning Commissioners were ver>' interested in what they had to say. He noted that the neighbors were to be notified of the upcoming meeting by the Boosters. A person asked if the developers of the arena were a private party desiring to use public land. Schroeder infomied the person that it was a charitable, non-profit organization, who would have a lease with the Orono School District to lease the land in order to build the arena. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#5 - Proposed Zoning Amendment - Continued) The (juestion of sewering arose. It was reported that a sewer connection would be needed for practicality, which would require an amendment to the Orono Comprehensive Plan. An amendment is being proposed, including the school property as well as other areas A question as to the funding was asked. The audience was informed that 2-1/2 million dollars would be needed to build the arena and would come from donations. A person asked if the road improvement s could be paid for by the public. Schroeder informed the person that the Orono Boosters would be responsible for any road improvements necessary. A question arose as to the suitability of the arena for the property in regards to setbacks Schroeder t>^d the setbacks are not being discussed at this time, but there would be specific standard performances to be met. Gaflron added that ultimately, there would be the need to discuss the standards, and the Commission needs to define when that discussion will occur, especially in view of the interest by the public. Schroeder moved to table the amendment discussion to a work session. A neighbor of the property under discussion commented that the issue goes way beyond the idea of green grass but also to lights and noise associated with such a project Engebrets^^.i, president of the Orono Boosters, commented that the plan was in a sketch plan review at this point, but he welcomed knowing now if there were any major implications to hinder the project Engebretson noted the neighborhood meeting was scheduled to enable the Boosters to determine if the project was realistic. The outcome of the neighborhood meeting would then be relayed to the City. Schroeder asked if there was any concern with the greenhouse portion of the amendment. GafTron read the section of the ordinance regarding greenhouses, informed the Commissioners of the greenhouse operations in the City and their historic "good neighbor" characteristic, and noted Staffs concern regarding the lack of large buildings being accountable in the table set forth to determine sizes of accessory structures in relation to the size of lots. The table is being considered for amendment on tonight's agenda. GalTron said this item may need to be discussed regarding reasonable performance standards for such uses Steve Kelley of Kelley Nursery said he was in attendance because of his concern over changes to the amendment regarding greenhouses. GafTron noted Kelley's "good neighbor" status and the lack of complaints regarding his business The audience was asked to leave their names and addresses if they were interested in being notified of an upcoming work session on the amendment. h MINUTES OF THE ORONO PLANNING CONTMISSION MEETING HELD ON JANUARY 16, 1996 (#5 - Proposed Zoning Amendment - Continued) Engebretson reminded the public of the upcoming meeting regarding the arena. Smith asked what prompted the agenda item regarding the amendmem. Gaffron said the issue, perhaps goes back to the Orono Baseball Association proposal for ball fields and the neec' io :.-ninc if they are not strictly associated with the school, how they fit in with the residential zoning. Then, %vnth the addnional proposal for an ice arena, these two issues prompted the need to look at a possible amendment. Mabusth ad\ised that if the school was to come in and apply for a conditional use permit for ai. ice arena, it could be done under the school umbrella. Schroeder moved. Lindquist seconded, to table the proposed zoning code amendment to allow for a work session to discuss all the items prior to approval of any arena construction. He noted the need for approval of a conditional use permit for an arena. Schroeder said interested parties would be notified of the work session. It was further noted that a public hearing would be scheduled prior to any vote on an ice arena. Smith commented that the neighboring area would be given notice of the public hearing. Schroeder also noted that the non-profit organization is holding the neighborhood meeting and that is separate fi-om a public hearing, which would be held in the future. Vote: Ayes 4, Nays 0. (W>) PROPOSED ZONING AMEND.MENT, MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 9 (C) - 9:36-9:50 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Schroeder commented that this proposed zoning amendment is in regards to oversized accessorv- structures. He asked if the ice arena would be affected. Gaffron said no. noting that the arena is not an ’accessory" structure unless the school came in with the application Schroeder explained that the table that refers to the allowable sizes of accessory smictures does not relate to properties over 9 acres GalTron reported on the code as it presently is written and the table regarding accessory structure sizes For any accessory staicture over 1000 s f. there used to be a need for a variance until the current code was established Exhibit C. Gaflron e.xplained, lays out the proposal to expand the table relating staicture size limits to lot size for properties over 10 acres Option #1 is based on lot area percentage, where Option 2 is generated by additional increments of square footage with additional acreage. Gaffron asked the Planninu Commission to make a comparison of the two and decide on the appropnate measure or suggest other alternatives. The buffer stipulation requires more land surrounding a larger building. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#6 - Proposed Zoning Amendment - Continued) Lindquist asked how many applications have been looked at which would be affected by this amendment. Gaffron said there have been 2-3 applications which might not have required variances if a complete table had originally been adopted. He noted many peimit applications have met the table standards and did not need a variance. Gaffron said the result of an amendment would be a reduction in the number of variance applications. Lindquist said the problem he sees that if a structure was over jOOO s.f, it still could be objectionable and should be reviewed. Hawn said if the chan was followed and a building was over 3000 s.f, it would be hard to envision what people are designing. Hawn said she would like to look at it case oy case. Gaffron commented that today at 10 acres, the largest building would be 3000 s.f, and asked if she was suggesting stopping at that point for large building parcels. Hawn asked if it meant more structures or larger buildings. Gaffron said he was referring to individual buildings. Hawn said if the Commission has only looked at 2-3 applications, they should continue to review others. Lindquist agreed. Schroeder asked if the Staff felt they were overburdened by this limitation. Both Mabusth and Gaffron said that was not the case, that the number of variances is minimal. Hawm said if it was a matter of more accessory structures, she would see no problem with expanding the tables Gaffron commented that with the current code people do not know what to expect when there is a desire for larger buildings. Schroeder said he would like to ask these applications to come before the Commission as variances Lindquist noted that these buildings have been approved in the past, and the Commission would just like to look at what is proposed. Schroeder also noted the need to look at the hardships and recommended that the Council be advised the Planning Commission does not see a need to revise the tables. Lindquist moved. Hawn seconded, to leave the zoning code as it is presently based on the few applications affected and the desire io review larger buildings regardless of acreage. Vote; Aves 4, Navs 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#7) COMPREHENSIVE PLAN AMENDMENT NO. 6 - MUSA BOUNDARY REVISIONS - 9:50-10:03 P.M. The MUSA revisions involve expansion of areas within Orono that can be sewered. Gaffron reported that the MUSA boundary lines established by the City are required to be approved by Met Council. The City Council is looking at sewering certain neighborhoods to include Bayridge. Fox Hill, Weber Hills, Bracketts Point, Edgewood Hills, East Long Lake, North Long Lake including Long Lake Boulevard, and Lakeview Terrace, and some additional properties. One individual property abuting the current MUSA line is included in the request located at the north end of Hackberry, as well as all of the currently non- MUSA Orono school property that is not wetland. The MUSA line designated in 1980 currently goes through the school cafeteria, 750' north ol the section line. The proposal would allow the entire school facility to be within the MUSA boundary, as well as the hockey arena site and other school lands. In order for changes to be made to the MUSA boundary, a public hearing is required, along with an application to the Met Council. Review by the Planning Commission, along with public comments, will be forwarded with a recommendation to the Council. Gaffron reported that the last change to the MUSA boundary was in 1993. At that time, the Nettles' property and the Orono sewer plant property were added. In 1992, the north Stubbs Bay area, including Cygnet Place, was added The current look of the MUSA boundary is a disjointed series of "islands" resulting from past and present plans to sewering e.xisting neighborhoods, but not new developments. There will be no change m the it-j.iing density. The MUSA revisions arc intended only to solve existing problems. Karen Zebek, 2905 CoRd 6, asked where CoRd 6 was in relation to the map showing the MUSA boundary. Gaffron showed her on the map, noting tlie hockey arena site, which will be included in the school property MUSA amendment. Lindquist asked what the requirements were for each area lo be included in the amendment Gaffron said Staff met with all ten neighborhoods Many wished to have sewer brought to their properties. Others did not, probably due to the high cost of sew erinu. A few of these likely w ill respond, according to Gaffron, but need time to oruanize He noted that the City Council felt all ten neighborhoods should be added to the MUSA. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#7 - Comprehensive Plan Amendment No. 6 - Continued) Schroeder asked why the single property was added to the amendment. GafFron ^d it was a specific request by the property owner. The owner wanted to have the option of upgrading if his septic failed. There is a sewei stub directed at the property now, but the property is not within the MUSA. This owner would pay the normal connection charge involved. Gaflffon added that the City is also asking for an additional 50 units to meet future requests such as this one. This would allow a comprehensive plan lasting tor a couple years rather than the need for a 3-month review every time an individual request is received. Schroeder asked what the Met Council does. GafFron said the Met Council looks at regional development issues such as sewer capacity, as well as unrelated items such as housing plans, density, e.xisting and proposed traffic and transportation plans. The Met Council has 60 days in which to take final action on the application. Council Member Jabbour remarked that this amendment was a good Idea and was a result of the City's Shoreland Management Program dealing w ith the issues of non-confonraty with 3' separation requirements. He noted there are as many as 600 houses in the City, who may have to upgrade their systems. The amendment should help solve so of their problem in a comprehensive way. Lindquist moved. Smith seconded, to recommend approval of the MUSA Boundary Revision, Comprehensive Plan Amendment #6. Vote: Ayes 4, Nays 0 Lili McMillan asked if the amendment was approved, if there was a time deadline tor sewer installation. She was informed that there currently is no set schedule. The North Lonu Lake area is the number one priority with Orono Orchard, where McMillan resides, in the number two priority spot It was noted that no interest from her neighborhood has been showti at this time. When the Long Lake area sewering is complete, the City will inquire as to the interest in the Orono Orchard neighborhood. ACTION ITEMS (#8) #2088 STEPHEN GARDINER, 3770 BAYSIDE ROAD - VACATION OF UNIMPROVED PUBLIC ROAD - CON I INUATION OK PUBLIC HEARING - 7:07-7:16 P.M. Mr. Gardiner was present 12 MINUTES OF THE ORONO PLANNING COMNflSSION MEETING HELD ON JANUARY 16, 1996 (#8 - #2088 Stephen Gardiner - Continued) Mabusth reported that the vacation application was separated from the variance appUcation Mabusth said she was told by the homeowners ’ association president, Lw Harrin, that a letter was sent to each Plannning Commissioner advising of their decision to have no claim of interest in the right-of-w ay to be vacated. Members of the Planmng Commission reported that they had not received any such letter. Gardiner showed Mabusth an agreement signed by Harrin as representative for the homeowners giving up all rights of the alley way. Gardiner provided a copy of the agreement. Gardiner noted that the garage w ould be modified or destroyed to ensure its distance of 15 from the property line. Schroeder asked if it was critical for the applicants to receive approval from the homeowners ’ association Mabusth said it was important for Gardiner and Stephens in order to develop realistic improvement plans. Mabusth also commented on the question of any legal claim by the property owner to the north and east on the vacated right of way as that property was not part ot the original Oltoville plat. Mabusth also noted that Gopher I has been alerted, and applicant staked out the alleyway for the utility companies to review Confirmation ot the location of any utilities is necessary before the vacation can be approved. Hawn noted that the dispersal is completed by the County, and it is their final responsibility and not the City. Mabusth agreed. There were no public comments. Lindquist moved. Smith seconded, »o recommend approval of Application #2088 fc; vacation of 30' alleys as oiginally dedicated in the plat ol Ottoville Lake Minnetonka subject to the vacation petition not being scheduled before the Council until the City has received a report from the utiiitv companies confirming whether utilities are located within the unimproved public right-of-way. If utilities exist, applicant is to provide casements over all existing utilities The applicant ’s surveyor is to provide a complete legal description for the vacation of the 30’ alley for the official resolution of the City. Gardiner noted his understanding of the conditions set forth Vote: Ayes 4, Nays 0. (#9) #2095 STEPHEN M. ENGLAND, 3855 CHERRY AVENUE - RENEWAL VARIANCE - PUBLIC HEARING 7:16-7:17 P.M. The Ccnificate Mailing and Affidav it of Publication were noted. The Applicant was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#9 - #2095 Stephen England - Continued) Mabusth reported that the application is a second renewal for a lot area variance. The applicant had planned on building in 1995. In order to build on the property located in the 1/2 acre zoning district, an area variance in required. Lot v-idth requirement is met. The original application was filed in 1993. There have been no code changes that would impact this application nor has applicant made any changes since that original application. The applicant is aware that he must meet all other standards for development. The applicant had no additional comments There were no public comments. Smith moved, Lindquist seconded, to approve Application #2095 for a second renewal variance. Vote; Ayes 4, Nays 0. (#10) #2097 PATRICU A. GUTTORMSON, 3315 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING - 7:17-7:24 P.M. The Cenificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application is two fold, the first part involves structural improvements made to the foundation of the 2-stor>' garage located within the 0-75 ’ setback area. The improvement involves the replacement of the masonry block foundation and repouring the cement floor. The contractor had obtained a building permit hut soon found the need for total replacement. The Building Inspector informed the contractor that a variance would be required. Mabusth reported that the applicant also seeks approval of variances for the replacement of a deck located in the 0-75' setback area and in front of the average lakeshore setback line. There are hardcover excesses in both the 0-75' and 75-250 ’ setback areas. 1 he lot coverage is at 16 \% With the new deck, the coverage is proposed at 14.6%. Hardcover will be reduced in both districts with a reduction of 172 s f or 2.19% in the 0-75 ’ zone and 130 s f or 4.6% in the 75-250 ’ zone. There will no longer be an e.xcess of hardcover in the 75-250' zone. The applicant had nothing to add to the comments made by Mabusth. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#10 - #2097 Patricia Guttormson - Continued) Smith asked if the contractor completed the work and didn't realize the need for the variance. It was noted that the work was completed by a family member. Mabusth said a permit had been received for the repairs. In order to approve the structural repairs, howev'er, a variance was needed. Smith said it the application had originally come before the Commission, the Commission would more than likely ask for the structure to be moved back away from the shoreline. Schroeder responded that there is no place in which to move the structure, adding that there are no increases in structural amount, and the application will result in meeting the lot coverage requirement. Mabusth commented that the applicant was asked to consider removing paving improvements. The addendum notes that there is no parking on the road. The applicant needs off-street parking space and requested not having to remove the paving. fhere were no public comments Schroeder moved, Lindquist seconded, to approve Application #2097 for lakeshore setback, rear setback, hardcover, and lakeshore setback variances due to the hardships set forth in the hardship statement and due to improvements made towards meeting requirements The approval includes the notation of the hardcover reduction as noted which must be completed prior to the footing inspectiori for deck improvement. Vote. Aves 4, Nays 0. (#11) #2098 KARl AND PAUL ROMPORTL, 4101 HIGHWOOD ROAD - VARIANCES - PUBLIC HEARING - 10:11-10:37 P.M. The Certificate of Mailing and Affidavit cf Publication were noted. The .Applicants, along with their representative. Stu Hoam, were present. Gaffron reported having received neighborhood letters regarding the application. The house to the west has been for sale. That owner voiced indifference to the application Other neighbors were in fiwor of the application. The owner, Eva Tlieobald, is not in good health. Her realtor reponed that she is in agreement with the application and has sold the property to the Romportl's contingent on application approval. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16. 1996 (#11 - #2098 Kari and Paul Romportl - Continued) Gaffron repotted that the neighborhood is made up of small lots. This lot is 40' wide at the road and 50' wide at the lakeshore. The lot is in the I acre zoning, where 140' is the required minimum width. The property is 8550 s.f, or 1/5 acre, with an average width of 45’. The existing house is located down slope from the street. The required street setback is 30', with the proposed setback 25', and existing at 75'. The side setback requirement is 10'. The proposed side setback is 8' at the northeast side and 6.8-7.1' on the southwest side. The lot coverage allows for 15% or a minimum of 1500 s.f, which would be 17.5%. It now exists at 690 s.f, or 8%. The proposed coverage is 1795 s f, or 21%. Hardcover of 25% is allowed in the 75-250' zone, but now exists at 29.7%, and is proposed at 46"o. No hardcover is proposed in the 0-75' zone. Gaffron noted that the code section regarding sloping lots which might allow a building some additional height and a lesser street setback, where the slope exceeds 25%. would not be met by this proposal, therefore, requiring a variance. Gaffron posed the question to the Planning Commission regarding how they view a small lot wi .h a small house, and upon total replacement, requiring street and side setback variances, hardcover variance, and lot coverage variances. Gaffron noted that the Planning Commission has normally looked at these situations as opportunities to meet standards. He asked if the standards should be held to in this instance, citing the need to find justification to allow the different variances Hoam, the designer of the project, commented that the original house was not suitable for remodeling. He said he tried to give good spacing from adjacent buildings and setback from the lakeshore, while still gaining off-street parking, since there is little parking available on Highv. ood. Horn said the layout of the house within the 25% slope allotment w'as not very probable. Horn said the design could be altered to gain the necessary 10' separation from the garage on the adjacent lot Horn said the drainage could be re-routed if necessary. Gaffron said the City Engineer should look at the situation. A neighbor, A1 Seran, was said to be under the impression that the existing catch basin was on his own property. Gaffron said there was no problem with the swale. He noted that A1 Seran had recently rebuilt his home. It was noted that the width of the house would need to be no more than 26' wide in order to meet the 10' side setbacks at the midpoint of the lot. The design is for a 25' wide house The deck could be brought out and the garage brought in to meet side setback standards. Gaffron said elimination of the deck and porch would enable the property to nearly meet the lot coverage requirement. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#11- #2098 Kari and Paul Romportl - Continued) Lindquist asked if Hoam had looked at reducing the size of the proposed house. Hoam said he would look at the calculations. He noted there was no garage on the property at this time, but it was a necessary feature. Hoam said he has proposed to build under the garage, and possibly under the driveway using spancrete floors. A bridgeway is also possible to allow for more water absorption. It was noted that the code considers that hardcover. Smith said she visited the property and agreed with the need to meet the 10' side setback for safety reasons. She felt the proposal w as too intensive for the lot and was concerned with the drainage issue. Hoam asked for guideline nunibcrs to assist nim in any redesigning. Gaftron said 1500 s.f, or 17.5%, would be allowed for lot coverage, noting a 300 s.f gap from the design as it now stands. Schroeder said he understood that the lot was a hardship but the proposal was too much for the lot. Smith said it would take some change but not alot. Schroeder emphasized keeping to the 1500 s.f lot coverage amount and the 10' side setback requirement. Horn commented that with a minimum sized garage, it would leave less amount for the garage area Hawn asked about the condition of the adjacent house Kari Romportl said the house was in good shape but was all located within the 0-75* zone. Gafflon noted that; potential buyer is considering adding on to that property. The design of the house is for 3 levels, though actually considered a 2-story but the bedrooms being reversed Galfron again suggested eliminating the deck and porch. The applicants asked and vverc told that the hardcover on the neighboring property was thought to be in the range of near 50%. Lindquist asked if it was possible to redesign the house to meet the 1500 s.f requirement. Hoam said the hardcover could be reduced in the driveway area, if it was changed to 20' instead of the 25', and would still allow for off-street parking. Schroeder asked if it was possible to meet the 10' side setback Horn said he thought it was possible. Gaffron noted that the J sign was close to meeting it at this time. Horn said the hardcover would be increa^’j if he pulled the house forward to meet the 10' side setback requirement Smith said she vvould be willing to work on the side setback variance if the applicants were wci .ig to work on the lot coverage amount. Horn said he would come back with a modified plan MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#11- #2098 Kari and Paul RomportI - Continued) Schroeder moved, Lindquist seconded, to table Application #2098. Vote; Ayes 4, Nays 0. (#12) #2100 ROBERT AND DEBRA EDMUNDS, 1030 TONKAWA ROAD - VARUNCE/CONDITIONAL USE PERMIT - PUBLIC HEARING - 10:37-10:49 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Architect, Blake Bichanich, represented the applicants. Mabusth commented that houses on both sides of this property were of recent construction. The structure on this property will be removed and new construction is proposed. The property is in the 1-acre zoning district and meets the area requirement at 1-1/2 acres. The lot width, however, is not met at 101', where 140' is the standard, requiring a variance. A conditional use permit is also required for the filling of 550 to 600 cubic yards v ? iiil to create a walkout. The fill will come from the excavation of an attached two story' garage. The use of the fill is to remedy the runoff from property to north and create a stable building site. 550 cubic yards of fill will be used to prepare and fill the building pad Mabusth reported that there is a concern with drainage as the construction to the north has impacted this property. Drainage swales are planned along the sides of the house. Boulder walls, originally proposed over 4' in height, will now be amended not to exceed 4'. It was noted that the proposal will meet the hardcover requirements. Bichanich said the cutting of elevations at north side lot line will allow for access to the lower level storage of garage. The two retaining walls will be built to direct runoff'so as not to disturb the e.xisting drainage Bichanich said the creation of a full walkout on the north and lake sides will alleviate the water and drainage problem. On the other side, fill will be brought in and retaining wall built to hold water from entering property to south. This will direct the water back in on the lot to naturally flow to the lake. Hawn inquired what w ill be done to disburse the water as there was alot of water to channel. Bichanich said he would contour it down to the 75' line to allow runoff to fan out at lakeshore. Lindquist asked how the new design sits on the lot in comparison to the existing house. Bichanich said the main floor of the e.\isting house sits lower than the lowest level of the proposed house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#12 - #2100 Robert and Debra Edmunds - Continued) Schroeder inquired about the side setbacks. Bichanich said the side setbacks were at 10'. Mabusth said all side setbacks \NOuld be met. She added that the lot width variance is required because the existing house is being tom down and new construction is replacing It. There were no public comments. Lindquist moved. Smith seconded, to recommend approval of Application #2100 for lot width variance and CUP for fill to create walkout with recommendations 1-3 as stipulated in the Staff memo. Vote: Ayes 4, Nays 0. (#13) #2102 HOWARD AND ELIZABETH .MCMILLAN, 1275 LYMAN AVENUE -CONDITIONAL USE PERMITA^’ARIANCE - PUBLIC HEARING - 10:49-11:05 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicants were present. Mabusth reported that the conditional use permit and variance application involves the excavation of a pond within a designated City w etland. The pond is proposed at. 125 acres, and the spoils from excavation will be used in the filling of a steep bank. The bank has been sustained by a retaining wall that is failing, and severe erosion is taking place. A letter from the City Engineer confirms that the proposed slope of bank will meet standards of DNR A letter from a neighboring property owner favors the proposal. The property is located in the Orono Orchards Highlands plat approved in 1975. Mabusth said the City did not obtain a Qowage and conservation easement over the wetland within applicant’s property. The original wetland is approximated at the 958' elevation. Recent wetland testing has revealed a type 3 wetland immediately adjacent to the 958' between the 958' and 960' elevations Type 1 wetlands are also present. Mabusth reported that applicants have submitted an amended pond drawing. The Engineer said the 12' of rise in 100' is acceptable fo*- the restored bank and found little potential for erosion. Mabusth asked that the wetland be defined at the 958' elevation to include the newly defined t>T)e 3 wetland to the w est of the 958' elevation. She also noted that the type 1 w etlands must also be protected. Corp of Engineer and MCWD approval is also required. Mabusth sa.d Engineer Gustafson has approved the seeding of a prairie restoration mix similar to the Mn/DOT mi.x, which would also be used in disturbed areas of wetland and upland areas. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16. 1996 (#13 - #2102 Howard and Elizabeth McMillan - Continued) Howard McMillan said it was their attempt to combat in a non-toxic way the elimination of the purple looseleaf in the non-excavation areas. He said they were trying to redevelop cattails and create a normal natural state. Lili McMillan noted the approval of the project by their neighbors to the east and west. She also said the MCWD has been notified but still need to contact the Corp of Engineers. Schroeder read into the minutes a letter from a neighbor, E. Paul Pesak, approving the plan. Schroeder informed the applicants of the Planning Commissions' standard for a natural setting around the pond area. Mabusth said the Engineer has cited the plan as an excellent example of providing transitional areas within the irregular shoreline and graduated slopes. Smith reiterated the desire of the Commission to not have any "pretty pond" applications and to meet performance standards. Lindquist noted that the application is in line with this standard with the use of prairie restoration mix and the designed slope. Howard McMillan commented that he realized the 3-5 ’ depth is normal to create a wildlife habitat. Smith moved, Lindquist seconded, to approve Application #2102 for a CUP/variance allowing for an open water area with a conservation easement and conditions 1-5 as stipulated in the Staff memo. Vote; Ayes 4, Nays 0. (#14) #2104 B. SCOTT BALL, 1065 WEST FERxNDALE ROAD - VARIANCES - PUBLIC HEARING - 11:05-11:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was represented by George Stickney. Gaffron recalled the Ball application from several months ago regarding the installation of bay windows in the existing house. The applicants have decided, and now propose, that the best option is to remove the c.xisting house and driveway and build a new home. Stickney informed the Commission on the transformation from remodeling to a new home. He noted that the proposal would now orient the house well on the lot. It was noted how the average lakeshore line on the property swings in towards the home. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#14 - #2104 B. Scott Ball - Continued) Gaffron continued that the proposal calls for lot area, lot width, and average iakeshore setback variances. The property consists of .88 acres in the 2-acre zoning district. The property does not meet the 200' lot width requirement with 180' width and 163’ at the 75' line. The 75’ setback is met. The proposal is for a conforming 30’ side setback. The hardcover needs to be adjusted slightly to meet the 25% limit. Gaffron reported that the e.xisting house is located all in front of the average Iakeshore setback line. The proposed house would be located with a slight encroachment of that line but has no impact on lake views enjoyed by the neighboring properties. Gaffron noted that the new plan has not yet been reviewed by the City Engineer. The garage proposed at 938’ would need to be contoured to the 940' elevation. Three feet of fill would be required to the basement level to bring the elevation from 932.5’ to 935’ to meet the flood plain requirements. The fill would need to come up to the driveway. Gaffron said the City files show a historic concern with the drainage to the neighboring property to the east. This will be reviewed by the Engineer so as not to impact the neighbors. Gaffron said the Engineer's review will occur prior to the application going before the Council.. Stickney noted that there was very’ little slope or elevation change to the proposal. Lindquist moved. Hawn seconded, to recommend approval of Application #2104 with the hardcover meeting the 25% allowed, the drainage and grading plans to be reviewed and approved by the Engineer prior to final Council action. Vote; Ayes 4, Nays 0. SKETCH PLAN REVIEW (#15) #2103 ORONO HOCKEY BOOSTERS, INC, 1025 OLD CRYSTAL BAY ROAD NORTH - CONCEPTUAL PLAN REVIEW Mabusth noted that the agenda item was for conceptual review not requiring any action. Present were Mark Engebretson, president of the Orono Hockey Boosters, and Ted Rozeboom. architect for the ice arena. The land under consideration for the ice arena is a 4.4 acre parcel owned by the school di.strict. The school district has not legally combined all of their owned parcels and have buildings and uses that expand from one parcel to another. A lease period of 35-55 years is proposed with an option to purchase at any time Mabusth said the major issue for this application is a land use matter as there is no exact fit for this use witliin the City code. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) The application proposes a 160'x240' enclosed ice arena located 50' from the west lot line, 50* from the north, and 150'+ from either the south or east lot lines. A 130 stall parking lot is proposed to the south of the arena. The property is in a residential zone. The parking lot will be subject to residential setbacks. It's location 20' from the front line, typical of commercial properties, will require a variance. Height of the building is also an issue. Finished grade heights are proposed at 28’ at the west lot line, 41 .5' at the east, 35.5' at the south, and 41' to the north. Mabusth clarified these were peak heights and not mean heights, although, a height variance will be required. ‘‘vnother issue with the application is the lack of sewer. The sewer question should, however, be resolved by permit time in April when construction is to begin. Mabusth said the City should be in receipt of Met Council's position by March. Lindquist asked if plans work out as now set forth, a sewer connection should be made. Mabusth said this is unknown at this point. Gaftron said there is a 60 day time frame for a yes or no answer, but it could be extended. Mabusth said the City could know if the land has been approved for sewer within 4 months. A variance for a holding tank is being requested if the need should arise. When asked by Lindquist if the holding tank would be done, Engebretson said he did not know. Due to the high cost, Engebretson said the start date would probably be delayed. Smith inquired of the cost. Engebretson said in terms ot the total cost of the project, it was not major. Mabusth said, according to Gaffron and Weckman, it was impossible to locate septic on the site and additional testing may be required on the .school property. It was agreed that the proposed use would not occur without sewer service. Mabusth inquired about the cost of the facility, it’s funding, and lease option, which required a 90% of funds to allow construction to begin. Engebretson said the total budget for the project was slated at 2-1/2 million dollars, complete, on the school district property, consisting of an Olympic size sheet of ice. The arena would open with a reserve of 5100,000. The operating feasibility was considered to be the least of concerns for the Boosters Engebretson reported that the cost estimate for the ice arena included the parking and paving improvements. Engebretson said the arena could be opened at a cost of 2 million dollars with some interior work needing completion MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) £agd)retsoa said the fund raising has taken twice as long as expected but has been a good effort. The fund is catching up to where it was projected to be at this time. The funds are from private donations but the municipalities and school districts will be asked for donations. Donations and pledges are at 1.3 million with aide of Mound hockey and with continuing with pre-package pledges through a bank, the funds should hit the 2 million dollar mark according to Engebretson. The school district is requiring a demonstratable funding of 90%, and Engebretson said he sees no problem with meeting that expectation. Schroeder asked when the 90% mark was expect^ to be met and was informed by Engebretson, April, 1996. Schroeder also asked the cost of operating. Engebretson said operating would be at $145,000 year with a $100,000 capital reserve The costs would be recouped through the sale of ice time from 3 high school teams, the Orono program, community activities, skate sharpening and concessions Engebretson said the revenues are fairly reliable. Hawn asked if the arena would operate on a year round basis. Engebretson said the mechanical equipment is sized for year around use, but the program's budget is based on a 6 month ice use. The remaining 6 month use would be for other community uses of the 100'x200' concrete floor. The budget expenses are based over a 12 month period with the budget income over a 6 month period. Lindquist asked if other Olympic size sheets were built recently. Engebretson said the 200'xl00' is standard and arenas are being expanded to Olympic size. There is a new Olympic size single sheet in Lakeville, which is comparable, according to Engebretson, but with Orono’s being a better design. Engebretson did not know if Lakeville was meeting their budsjet numbers. W Smith asked what the arena would do for the community that was not being done today. Engebretson said the indoor ice would provide ice time that is now not available. Staggering growth in the girls hockey program is one need for the arena. Figuring skating is also a growing interest. With these two programs and the high school hockey, other uses get shut out of ice time. There is no opponunity now for handicap use, and recreational use is disappearing with the large demand for ice from youth and hockey programs. Engebretson said the Orono Boosters could have used 300 additional hours this year. Schroeder inquired about the facility in Delano and whether it was being folly utilized. Engebretson said it was being folly used. There is a half allocation with Mound after the higli school and 140 hours with Wayzata. 50 hours w ere obtained by Blake. M\ of the ice time has been sold according to Engebretson. He added that past problems for Delano vviis the heavy debt load and that has been corrected with the high demand for indoor ice. He noted the cost two years ago was at $90 an hour for ice time and is now at $ 125/hour. 23 t- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) Schroeder asked if the Boosters would be operating at a surplus and what would happen to the surplus. Engebretson said the projections are for selling all ice in prime time at $ 125/hour with $100,000 from net, $20,000 from skate sharpening, and 5100,000 from advertising for a $220,000 revenue per year. With a $150,000 operating cost and a $100,000 surplus, the $60,000-70,000 would allow for building maintenance mu be reinvested into the program. The money would help to buy down the participation cost. Engebretson i*ad if there was true surplus, the Boosters would like to give the money away. Lindquist asked if there would be preferential treatment to Orono residents. Engebretson said the cost would be the same to all participants. Smith asked if the use would be on a first come-first served basis or by contract. Engebretson said there would be an annual contract up front for prime time use The time would then be allocated between games and scrimmages. The tw o biggest buyers of ice time would be the school and Orono hockey use. Smith also asked if there was projected ice time allocated for other uses, such as handicap. Engebretson said there would be more time available during prime time than the association itself needed. He added that it was hard to predict the amount of time that would be needed by the girls' league. Smith asked what would occur if it was found that the financial situation was not working, whether it would revert to school or city ownership. Engebretson said he did not know but could not imagine the project failing. He noted the number of ice hours used by the different programs, the need now for additional time, and operating with a $100,000 reser\e as reasons for its predicted viability. Engebretson was asked what effect the arena would have at the Pond and at the Delano rink. Engebretson said it would allow other towns to have ice time available noting the shortage as it is now. Engebretson also added that the arena would be operating without a debt load beyond the operating cost, which would distinguish it from other rinks. Hawm noted that the school was currently buying ice time at the pond at cost, which is $30 less an hour She asked why the school would be willing to pay premium rate when they currently do not have to pay that price Engebretson said there was a shortage of space at the pond, no bus service to the pond, and with the need for girls' league expansion, the school was willing and prepared to budget for the additional cost. Engebretson was asked if there were any for-profit ice arenas. He said there w'ere, and they tended to be more grandio.se. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) During public comments, George Stickney, who is on the fund raising committee for the project, reported on the need for ice time and the effort being made to make the arena debt free. Stickney said he was totally in favor of the rink. Mabusth asked the architect, Ted Rozeboom, to elaborate on the building itself Mabusth commented that the exterior finish of the ice arena was similar to that of the City facility. Rozeboom said the palate had changed but was vernacular with the institutions as to its long term durability with the use of masonry and oversized brick or stone, possibly Kasota stone. There will be a vertical difference compared to the metal seamed roof used on the City facility. Bowstring trusses will be reflective of the rolling hills in the area. On an economical standpoint, the building will fit in with some conformities. Mabusth asked Rozeboom to elaborate on the floor plan. Rozeboom said there were 3-4 basic components', the Olympic size sheet of ice; a south-facing entry lobby using a concentration of windows and glass and sitting 2-1/2' to 3’ higher than the ice; a public restroom, concession, and administrative office ponion with a meeting room of 1000 s.f overlooking the rink. There will be seating for 800. The building wUI be placed into the hillside and curved and pushed into the hill on the west to minimize the height. Without the use of alot of windows, Rozeboom said the brick selection was very important. The 4 locker rooms, with two shared toilet facilities, will be located on the east side beyond the trussed area along with the mechanical and Zamboni rooms. Rozeboom noted the difficulty in working with and costs associated with the soils, but said the site was good. Mabusth noted the importance of keeping any noisy activities away from the existing residential along west lot line. Engebretson confirmed that the active areas will be away from the residences. Lindquist asked if any comments have been received from residents on the west side of the property Engebretson said no Mabusth noted the information meeting scheduled by applicants for residents on Wednesday, January 24, 7:30 p.m., in the Council Chambers. Schroeder asked if there was the ability to change from a non-profit status to a for-profit status Engebretson said there was not adding that a non-profit organization is exempt from paying real estate taxes. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) Schroeder asked Mabusth to enlighten the applicant to what the City will be looking at. Mabusth said a memo has been written informing the applicant on what the City looks at citing examples of height and other variances, the need for the parking lot to be moved out of the street setback, site constraints, as well as performance standards that all applicants are obliged to follow, which are included in E.xhibit L. Mabusth said, although there are no designated wetlands on the site, there are 2 wetland basins, and this becomes of issue noting the parking lot is located within one of the basins. The wetlands are classified as "unintentional" as they were created over the years by land alterations on the school property. Mabusth said if the applicant complies with certain standards of the Corp of Enjpneers and MCWD, there may not be any need to mitigate on the site. Mabusth said the key problem is getting sewer approved for the property. The permit is before the Met Council for their approval. It is Staff and Planning Commission’s job to inform applicant of code requirements and potential for variance during this planning process. Lindquist swd he was interested in what the neighbors had to say on the subject noting the importance in listening to their concerns. The upcoming meeting will aid in answering this interest. Engebretson said the Boosters are also interested in the neighbors' concerns. It is their intent to identify and keep track of each piece of the process and to make sure all parties are aware of and kept up with the process Engrebretson said the agreement and assistance of all is necessary for this project to be successful. Lindquist said he is supportive of the project and felt the height and parking issues could be resolved. His main concerns are with the sewering and the neighbors' viewpoints. Schroeder agreed with Lindquist. He wanted to make sure the project is not a financial burden noting it to be the largest building in Orono. Engebretson noted the size of the school building and the reason why it was placed near the building. Schroeder said the lease would be up to the Council and the School Board to deal wiih. Mabusth asked Engebretson to elaborate on the Orono Hockey Association group. Enerebretson said the group is made up of parents and guardians of children who skate. The Orono Boosters, Inc., is a non-profit organization made up of those members. The Orono Sports Facilities, Inc., is made up of the youth program, which promotes the project. Mabusth reiterated that the rink would be used 6 months out of the year. Engebretson said that was the initial projection. If it becomes possible to run the arena year round, this miglit be done, but the association wished to make a conservative prediction. Mabusth said the hours of operation should be included in tiie application. 26 • • ^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#15 - #2103 Orono Hockey Boosters - Continued) Smhh said her calculations for parking with 800 seating and 130 parking stalls would result in 8 people in a car and asked how this parking issue would be resolved. Engebretson said the school has told the association that the school parking could be used during home high school games. Permission for this school parking use will be part of the lease. The length of the walk to the arena was noted. Rozeboom said the district was considering a connecting walk. Mabusth said the Engineer would like to see a connecting drive. Lindquist said the application should state where the other parking stalls will be located. Engebretson said he viewed the solution as better than what is normally found with high schools, but he will address the situation. Mabusth said Staff will give the applicant a checkoff list. PLANNING COMMISSION COMMENTS (#16) REPORT BY PLANNING COMMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF DECEMBER 11, 1995 No repre' uitative was present at that meeting. Mabusth informed the Commissioners that the Council reaffirmed the denial resolution for the Callen application, approved the Oberhauser application for the lot line rearrangement with the request for final development plan. The application was tabled as Oberhauser w as not able to post a security for removal of the structures. The application would be rescheduled before the Council when the two boarded up structures have been removed. (#17) OTHER ISSUES FOR DISCUSSION Schroeder commented that the perception that the job of Planning Commissioner and attendance at meetings has become more difficult, exemplified by the recent resignation of Candace Rowlette He suggested a notion of using alternates to solve the problem w ith obtaining a quorum noting that Rowlette would be a good candidate for that position. Commission discussed the need to also protect the applicants and the City and the desire to preserve element ot continuity. Jabbour asked that the Commissioners try to work through the problem. He noted the harmony in the group and the need to attract people of quality. The need to set a date for a work session to discuss the amendment regarding the ice arena was brought up. It was decided to trim the amendment request down to the school use only Mabusth noted that there was a request originally to write the amendment on a broader scope. She said she would seek further clarification on this matter. Schroeder felt that the school use only should be reviewed at this time 27 I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 16, 1996 (#17 - Other Items for Discussion - Continued) Hawn suggested looking at standards for commercial uses when considering the amendment. Mabusth agreed that this was a good point to consider. Smith noted that they were not working with huge developments in this area. Hawn said she was concerned that a situation arise for a proposed use to residential area that would meet the code but not be a desired use. Smith noted the need to set case-by-case standard performances now. Schroeder asked if it was possible for these uses to come into an area and build with a permit. It was noted that they would be all conditional uses. Schroeder said if this was possible, then there would be a problem. Gafiron said it was a matter of consistency. Schroeder said it is difficult to develop performance standards when they are not familiar with a use. Schroeder asked how the code could be amended to allow for the arena. The arena would need to be accessory to the school use. Mabusth said the school will not apply for the application based on the stipulations setforth in the agreement to lease. Lindquist said the Commission needs to look at the merits for each conditional use. ADDITIONAL ITEMS (#18) PLANNING COMMISSION APPROVAL OF MINUTES OF THE NOVEMBER 20, 1995 MEETING Schroeder moved, Lindquist seconded, to approve the Minutes of the Planning Commission Meeting of November 20, 1995. Vote: Ayes 4, Nays 0. (#19) PLANNING COMMISSION TO SELECT A REPRESENTATIVE TO ATTEND THE FEBRUARY 12, 1996 MEETING OF THE COUNCIL Elizabeth Hawn will attend the February 12, 1995 Council meeting. ADJOURNMENT Schroeder moved, Lindquist seconded, to adjourn at 11:32 p.m. Charles Schroeder, Acting Chair Person 28 ^ « .I r«ns^raciMra tVsmililii [•KiTTi ^lf1« MiiT^•X«i^ gnviin r*JiiTi^Mlira ElSlDXm ratef^Esm ■-.i ^ •a‘A •fL The Suburban Guide toJanuary 17, n)9f)SUN Mr^HiUCAIMJS________SiiiKliTM Si8i«Sai9r Low-income families are finding CASH rj ir-PI ‘ •«iiaAt, I- *n r9 More people own homes with prosram Dy Gary Branson Fur Minnesota Sun Puhlkalions I your family is CMpori cncing an economic or housiny crisis, or il you would like to improve your economic silualion. the Comrminify A< lion lor Sutujrlian Hennepin (C ASH) may have a proyram for you CASH is a private, non pmlil corf)oratioii tfiat operatt's as an anti-poverty agency to assist lam- Hies in liruliny housing The scope of its activities include a tenant holhne lot renteis, couit advocacy lor f.imi lies who are haviiuj leipil prol)- Icms with laiullords, assistance to homeless lamiln‘S and loieikisuie cotinseling lor families vvitli delin (jiH'Ml mortgages ( ASH is also a HUD lertilied (ounseliny aejeruy, condm tiny home* huyer workshops that oiler experienced home l)uyer infor mation lor first time or low income l>oyers Accordiny to the «up ‘0( y, hoth suluirhan municipahties and lenders have dcvelopeil programs and mortgage products to enahle families with moderate to low inromes to own their osvn M- r • wm k- \* s * • « . 1 ' * '■- IViU • ij . ’• 1T• ■j.'i •i. Melissa Hansen (right) is a home-ownership counselor for the Home line program of Corn unity Action for Suburban Hennepin, which is based In Hopkins (Photo by Dave Hrbacck) Redevelopment A(|encie» (HRAs) in various s ihiirtian communities According to Sharon lohmon, executive (tirector of CASH, ttie aytmey oilers a report that has heen compiled hy the Metropolitan » , t • ,*i I ’ f I ... , I •I.. I he rcfuirl is a slartim| point for joint Met Coiinnl/cummunity evaluation of the steps communi ties can take to diversify their housing supply. The term "affordahlc" housiny • e, .. .1, • 11. .1 . . «• ♦' . . . . income. For households with ariniui family incomes below 120,000, homes valued at 160,000 or below and rents of SSOO or less per month are con sidered affordable iny for people at all stages of Iheif lives, as their incomes and circumstances change. The Met Council report of March I09S reveals that In suburban r A ri iM.. P-,... rr ’ f r' !i'Cash: Workshops assist familiesFrom Cover Hennepin County there are 36,840 housing units that qualify as afford able for families with 120,000 per year income. Brooklyn Park, Bloomington, Richfield, St. Louis Park and Hopkins rank as the top five communities in the number of affordable housing units. But the majority of suburbs - even tliosc regarded as upper bracket - have some affordable housing. Wlien describing the agency's Home Buyer Workshops, Johnson said, ‘The workshops provide Impohant Information such as how mudt home you can afford, shop ping and qualifying for a mortgage, finding tire (xjrfect home, details of lire real estate transaction and the responsibilities of home ownersiiip. "Other information covers loans designed for first time Irome buyers. loans to help low to moderate Income households increase their borrowing power, purchase/rehabili tation loans and down payment and closing cost assistance," she said. Because of individual ihcome or credit problems, the agbncy can not always provide eath family with instant home ownership. For people with Idng-term debt, we offer help with f^lanning a budget to pay off the debt and improve their overall financial situa tion. This may mean establishing long-ternr goals, such as a two-year plan to set aside a down payment or reduce debt," said Johnson. Since tire program began in the fall of 1994, more than 150 fami lies have attended the workshops. Many households have received one-on-one counseling and sever al dozen families have purchased their own homes, said Johnson. Home Buyer Workshops are free, and have been scheduled through April of *96. The dates and places for the workshops are: • Crystal Community Center, three Thursday workshops from 7 to 9:30 p.m. on Jan. 11 ,8,25. • Hopkins Family Resource Center, three Saturday workshops from 10 a.m. to 12: 30 p.m. on Feb. 17, 24 and March 2. • Brooklyn Center, at Brook- dale Library, three Tuesday work shops from 7 to 9:30 p.m. on March 12, 19 and 26. • Bloomington, at the Creekside Community Center, three Saturday workshops, 10 a.m. to 12:30 p.m. on April 13, 20, 27. If you would like more informa tion, or would like to attend the free workshops, call The Community Action for Suburban Hennepin at 933-9639. About Community action for Suburban Hennepin Community Acdon for Suburban Hennepin (CASH) is the designated community acdon agency for the 43 municipalities in Hennepin County outside Minneapolis. Three human services councils also serve a portion of suburban Hennepin County. These include the Northwest Hennepin Human Services Council, Suburban Alliance (serving the west Hennepin area) and the South Hennepin Regional Planning Agency. Community Acdon for Suburban Hennepin was created in 1985 amid a growing awareness that poverty was not an isolated central city problem. CASH is part of a thirty-year history of community action programs, which were created in 1964 as part of the Economic Opportunity Act. CASH is one of 30 community action agencies operadng throughout the state of Minnesota. cash 's mission is to identify the contribudng causes of poverty and to work to advance the economic well-being of those with the least resources through direct services, community organizing, emergency assistance, homelessness prevention, community education, and institutional change. The COMMUNITY EDUCATION PROGRAM: • Educates the general public about the effects of poverty and the experiences of people living in poverty • Assists low-income people in learning about and becoming involved in the policy process • Conducts research on policies and issues that affect people with limited incomes The CRISIS INTERVENTION PROGRAM: • Provides financial assistance to suburban Hennepin County residents for food, shelter, and other necessides • Helps homeless families leave the homeless shelter quickly and find suitable affordable housing in southern Hennepin County • Prevents homelessness by advocating for people facing eviction • Matches homeless families with volunteers and connects them with community resources CASH provides a variety of services to renters and homeowners through our HOME Line program. The TENANT HOTLINE: • Assists tenants with rental housing problems by educating them about their rights and responsibilides and how to negotiate with landlords • Trains law student and community volunteers to answer calls on the hotline • Educates renters, high school students, property managers and others about tenant-landlord law TENANT ORGANIZING: • Trains low-income tenants to work together to solve problems in a given apartment complex • Keeps tenants informed about public policy issues affecting low-income tenants, particularly those In subsidized housing The HOME BUYER COUNSELING PROGRAM: • Offers free workshops on the home purchasing process, how to overcome barriers to homeownership, and the variety of mortgage products available to low- and moderate-income buyers • Provides one-to-one counseling to families interested in buying their first home • Works with lenders and city staff to create new homeownership programs for low- and moderate income home buyers The FORECLOSURE PREVENTION PROGRAM: • Provides counseling and financial assistance to suburban Hennepin County homeowners who are having difficulty meeung their mortgage payments • Assists families with budgeting, credit problems, and refinancing; and advocates on behalf of homeowners with investors, mortgage companies, and insurers PERMITS ISSUED/FEES COLLECTED JANUARY 1996REPORT NBR. BPRMTISS-1 DATE OF RUN 01/31/96PERMIT TYPEBuilding SGL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COM-ADD/REMODEL Sub-totalMechanical HEATING SYSTEMS AIR CONDITIONING FIREPLACE VENTILATION DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbing FIXTURES WATER METER Sub-total Sewer & Water SEWER CONNECTION NEW SEPTIC SYSTE SEWER & WATER Sub- total' Sign PER./FREE STANDG Sub-total User Defined LAND ALTERATION TREE REMOVAL LAWN SPRINKLER Sub-total Grand-total QTY11400015*616100 16* 10 1 11* 1 1 0 2* 0 0* 0 1 1 2* 46** « * * * *PERMIT ISSUED REPORT CITY OF ORONO * * * * *-- CURRENT RANGE - 01/01/96 - 01/31/96BASE FEE1,437.25 5, 918.0'> 0.00 0.00 0.00 7,355.25*623.75106.253603500 125 00000000 00* 537.50 191.00 728.50* 35.00 100.00 0.00 135.00* 0.00 0.00* 0.00 30.00 35.00 65.00* 9,408.75** VALUATION 'i PAGE *REQUESTER: LIn’-- PREVIOUS RANGE - 01/01/95 - 01/31/95PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW210,000.00 632,021.00 934.21 3,352.04 3Q 4,764.00 1,112,614.00 3 ,096.610.00 0.00 13210*2 01X1*00 236,100.00 1 ,086.810.000.00042,021.00*0.000.004,206.25*54.00150.00189.00 7,268.00*2,400.00 0.00 14,495.00 1,365,609.00*4 0.000.0040.95,224.37*49,800.00 0 00 c 175.008,500.00 0.00 Dn 7,790.00 0.0019,000.00 280.00 0.00 0.00 \j41 0.00 191.25 0.0011,100.00 0.00 0.000.00 0.00 X 35.00 1,200.00 0.000.00 0.00 70.00 1,900.00 0.0077,580.00*0.00*13*35.00 506.25*1,250.00 23,240.00*0.00 0.00* 30,992.00 0.00 0.00 0.00 00 665.63 49,500.00 0.0030,992.00*0.00* \J 8*0.00 665.63*0.00 49,500.00*0.00 0.00* 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00*0.00 0.00* V 1 1* 0.00 70.00 70.00* 0.00 0.00 0.00* 0.00 0.00 0.00* 0.00 0.00*0.00 0.00* 1 1*35.00 35.00*400.00 400.00*0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 1 1 0 75.00 30.00 3,000.00 0.00 0.00 0.000.00*0.00*2*0.00 105.00*0.00 3,000.00*0.00 0.00* 950,593.00* *4,286.25**43**8,649.88**1,441,749.00**4,224.37** REPORT NBR. BPBBRPTl-1 UATB OP RUN 01/31/96PEWItTS ISSUED/FEES COLLECTED* * t * *JANUARY 1996PERMIT FEE REPORT CITY OF ORONOFROM 01/01/96 TO 01/31/96 PAGE! 22 REQUESTER: LINBUILDINGMECHANICALPLUMBINGSEWER k WATER USER SIGN FIRE BASE FEE 7,355.25 1,125.00 720.50 135.00 65.00 • 0.00 0.00 PLAN REVIEW 4,206.25 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 421.01 39.15 16.32 1.00 0.50 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 0.00 . •0.00 0.00 0.00 0.00 0.00 . 0.00 DEPOSIT 0.00 •0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN ADDL SAC 9.50 3.00 50.00 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 12,062.51 1,173.65 747.02 106.00 65.50 0.00 0.00 REPORT NBR. BFEERPTl-1 DATE OF RUN 01/31/96 REPORT TOTAL BASE FEE 9,400.75 PLAN REVIEW 4,206.25 SURCHARGE 477.90 Lie. SEARCH FEE 0.00 SAC 0.00 INVESTIGATION 0.00 DEPOSIT 0.00 MAIL IN -12.50 ADDL ^AC^50.00 ESCROW 0.00 ***** PERMIT FEE REPORT *•*•» CITY OF ORONO FROM 01/01/96 TO 01/31/96 PAGE: REQUESTER: LIN i ft i •4*.WED, JAN 31, 1996, 4:11 PMPERMITS ISSUED FOR THE MONTH OF PAGE 1JANUARY 1996PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION 15C 01 02 02 02 02 06 10 10 11 11 11 24 29 29 29 15C 2320 1487 629 320 2265 3080 3060 860 1345 4205 3210 1380 3085 3250 1130 FOX ST SHORELINE DR FERNDALE RD N WOODHILL RD NORTH SHORE DR FARVIEW LA NORTH SHORE DR FOREST ARMS LA NORTH ARM DR FOREST LAKE DR NORTH SHORE DR ARBOR ST WATERTOWN RD FOX ST NORTH SHORE DR W 96/01/17 96/01/22 96/01/08 96/01/22 96/01/30 96/01/02 96/01/03 96/01/16 96/01/09 96/01/17 96/01/17 96/01/16 96/01/03 96/01/24 96/01/24 OR-007663 OR-007644 OR-007650 OR-007678 OR-007691 OR-007643 OR-007646 OR-007665 OR-007652 OR-007666 OR-007669 OR-007655 OR-007638 OR-007682 OR-007687 IB 01 2670 COUNTRYSIDE DR W 96/01/09 OR-007654 01 875 FOREST ARMS LA 96/01/11 OR-007661 01 85 CRISTOFORI CIR 96/01/18 OR-007672 01 1115 COX FARM RD 96/01/26 OR-007674 01 80 TRUFFULA TR 96/01/26 OR-007675 01 2575 THOROUGHBRED LA 96/01/10 OR-C07676 01 565 LEAF ST 96/01/19 OR-007G80 01 1115 •COX FARM RD 96/01/25 OR-007688 \01 2575 THOROUGHBRED LA 96/01/25 OR-007690 02 1075 TONKAWA RD 96/01/10 OR-007673 24 2265 NORTH SHORE DR 96/01/10 OR-007677 24 785 FERNDALE RD N 96/01/30 OR-007694 29 1699 NORTH FARM RD 96/01/05 OR-007647 29 1670 SHADYWOOD RD 96/01/16 OR-0076G4 29 1699 NORTH FARM RD 96/01/19 OR-007679 16C 29 16C 1130 NORTH SHORE DR W 96/01/24 OR-007685 PL 01 1115 COX FARM RD 96/01/11 OR-007656 01 348 WESTLAKE ST 96/01/17 OR-007667 01 1685 CONCORDIA ST 96/01/10 OR-007C70 01 2575 THOROUGHBRED LA 96/01/22 OR-007681 01 3286 NAVARRE LA 96/01/26 OR-007693 02 1860 SHORELINE DR 96/01/11 OR-007659 03 3225 CASCO CIR 96/01/18 OR-007671 24 1699 NORTH FARM RD 96/01/09 OR-007653 24 1670 SHADYWOOD RD 96/01/16 OK-007662 24 128 .CHEVY CHASE DR 96/01/25 OR-007689 lie 29 lie 1130 NORTH .SHORE UR W 96/01/24 OR-007G86 SW 01 30 LUCE LINE RIDGE 96/01/09 OR-007651 2C 01 2C 165 BEDERWOOD DR 96/01/17 OR-0076G8 UD 01 2630 COUNTRY-SIDE DR W 96/01/11 OR-007657 34 780 TONKAWA RD 96/01/05 OR-007648 14748077 00000000 15442817 19357789 14747121 14243883 17889411 17842646 14742376 00000000 00000000 00000000 00000000 14752097 OOOOOOOC 34718548 39411044 34345162 35595900 35595900 34283677 35453797 38950310 15590251 35358187 39411044 39296767 35453797 36332561 35453797 00000000 27844792 24724959 24922121 24432921 24701208 27844792 00000000 24739221 29335636 25410203 00000000 54734300 24724959 88604497 19319444 PETER BOYER CONSTRUCTION NEW ROOMS Sc SPACES KENNETH DURR ASSOC LAKE COUNTRY BUILDERS VALERIUS CONST INC DU-ALL CONST CUSTOM REMODLERS INC PATRICK HANILY Sc ASSOC INC BOYER Sc SONS INC MINNESOTA FIREPLACE CENTRAIRE INC S Sc B GEO THERMAL MIDWEST FIREPLACE CO MIDWEST FIREPLACE CO HEATING & COOLING TWO M H SEIFERT CONST DRONEM'S HEATING & A/C ElDEN CONSTRUCTION INC RAPID HEATING & AC INC CENTRAIRE INC VOGT FRED Sc CO M H SEIFERT CONST FIRESIDE CORNER M H SEIFERT CONST HOKANSON PLUMBING INC WESTONKA MECH CONTRACTORS VALLEY PLUMBING CO. INC. SOUTHWEST METRO PLBG STEINKRAUS PLBG JNC HOKANSON PLUMBING INC WAYZATA PLBG U HTG INC DUDA, LEON PLUMBING SERV. CUSTOM PLBG INC SULLIVAN'S UTILITY SERVICl WESTONKA MECH CONTRACTORS ASHLAND WATERWORKS BARCK TERRY 2C 46C KELLEY 210,000.00 WAADE 210,000.00 THOMAS t 45,600.00 CONNOR 149,000.00 MURPHY 95,000.00 PARKER 20,000.00 BRODERSEN 3,000.00 SNOW 16,500.00 SHEKELS 6,500.00 LEMIRE 2,000.00 CODDON 10,000.00 SMITH 4,000.00 SMIEJA 12,000.00 LUKIS 50,421.00 HOLZER 8,000.00 5,000.00 DOISCLAIR 280.00 KNAPP 30,000.00 1,000.00 1,000.00 5,300.00 BRUCE 1,000.00 •5,200.00 1,400.00 ZWICKE 8,500.00 MURPHY 3,600.00 PARKER 2.700.00 1.500.00 KIELLEY 1,100.00 PERKINS 7,000.00 HOLZER 3,000.00 8,200.00* OLSON 300.00 . 00 11,000.00 DAHL 3,000.00 BOUCHARD 1,440.00 DOTZENROTH 650.00 PERKINS 4,000.00 KIELLEY 900.00 206TH •502.00 HOLZER 1,000.00 LEINTZ .00 TERP .00 DE ^OR .00 HAUGEN .00 950,593.00 01020304050607 08 09 10 11 12 13 14 15 16 17 10 19 20 21 22 23 99 9999 WORK TYPE CODE Residence AdditionGarage/Attached Garage/Detached ..PorchDeckFenceGazebo Pool Re-side Re-roof Tennis Court Sign Dock Shed Demo-Principal Structure Demo-Accessory Structure Hove Commercial Institutional Storm Damage Repair 1-100 Cubic Yards 101 Cubic Yards or More Undefined LOCAL USB CODES Undefined 24 Replacing Existing25 Lifting Principal Residence26 Well Abandonment27 Foundation Only 20 Temporary Trailer29 Renovate/Remodel30 Accessory Structure31 Stairway to Lake 32 Retaining Wall 33 Entrance Monuments 34 Tree Removal •>WED, JAN sf; 1996, NUMERICAL LISTING 4:10 PMJANUARY 1996 PAGE 1PERMIT NBR ISSUED CANCEL ADDR NBR STREET . WORK ID NUMBER COMPANY . OWNER LAST NM VALUATIONOR-007638OR-007643OR-007644OR-007646OR-007647OR-007648OR-007650OR-007651OR-007652OR-007653OR-007654OR-007655OR-007656OR-007657OR-007659 OR-007661 OR-007662 OR-007663 OR-007664 OR-007665 OR-007666 OR-007667 OR-007668 OR-007669 OR-007670 OR-007671 96/01/03 N 96/01/02 N 96/01/22 N 96/01/03 N 96/01/05 N 96/01/05 N 96/01/08 N 96/01/09 N 96/01/09 N 96/01/09 N 96/01/09 N 96/01/16 N 96/01/11 N 96/01/11 N 96/01/11 N 96/01/11 N 96/01/16 N 96/01/17 N 96/01/16 N 96/01/16 N 96/01/17 N 96/01/17 N 96/01/17 N 96/01/17 N 96/01/18 N 96/01/18 N 30853000140730601699780629301345169926701300111526301860 875 1670 2320 1670 860 4205 348 165 3210 1685 3225 WATERTOWN RD FARVIEW LA SHORELINE DR NORTH SHORE DR NORTH FARM RD TONKAWA RD FERNDALE RD N LUCE LINE RIDGE NORTH ARM DR NORTH FARM RD COUNTRYSIDE DR ^ ARBOR ST COX FARM RD COUNTRYSIDE DR ' SHORELINE DR FOREST ARMS LA SHADYWOOD RD FOX ST SHADYWOOD RD FOREST ARMS LA FOREST LAKE DR WESTLAKE ST BEDERWOOD DR NORTH SHORE DR CONCORDIA ST CASCO CIR OR-007672 96/01/18 N 85 CRISTOFORI CIR OR-007673 96/01/18 N 1075 TONKAWA RD OR-007674 96/01/26 N 1115 COX FARM RD OR-007675 96/01/26 N 80 TRUFFULA TR OR-007676 96/01/18 N 2575 TFFOROUGHBRED LA OR-007677 96/01/18 N 2265 NORTH SHORE DR OR-007678 96/01/22 N 320 WOODHILL RD OR-007679 96/01/19 N 1699 NORTH FARM RD OR-007680 96/01/19 N 565 I.EAF ST OR-007601 96/01/22 N 2575 TFFOROUGHBRED LA OR-007682 96/01/24 N 3250 FOX ST OR-007685 96/01/24 N 1130 NORTH SFIORE DR W OR-007686 96/01/24 N 1130 NORTH .SHORE DR W OR-007687 96/01/24 N 1130 NORTF! SHORE DR W OR-007688 96/01/25 N 1115 COX FARM RD OR-007689 96/01/25 N 128 CHEVY CFIASE DR OR-007690 96/01/25 N 2575 THOROUGHBRED LA OR-007691 96/01/30 N 2265 NORTH SFFORE DR OR-007C93 96/01/26 N 3286 NAVARRE I,A OR-()07C94 46C 96/01/30 N 7H5 FERNDALE RD N 29 0000000006142438830200000000101788941129354537973419319444021544201701547343001114742376242473922101347185482400000000012784479201886044970227044792 01 3^j4i1044 24 29335636 01 14748077 29 36332561 10 17842646 11 00000000 01 24724959 01 24724959 11 00000000 01 24922121 03 00000000 01 34345162 02 35358187 01 355959U0 01 35595900 01 34283677 24 39411044 02 19357789 29 35453797 01 35453797 01 24432921 29 14752097 29 00000000 29 00000000 29 00000000 01 38950310 24 25410203 01 15590251 02 14747121 01 24701200 24 39296767 VALERIUS CONST INCDU-ALL CONST M H SEIFERT CONST BARCK TERRY NEW ROOMS & SPACES SULLIVAN'S UTILl’^Y SERVICE PATRICK HANILY h. ASSOC INC WAYZATA PLBG & HTG INC MINNESOTA FIREPLACEHOKANSON PLUMBING INC ASHLAND WATERWORKS HOKANSON PLUMBING INC CENTRAIRE INC DUDA, LEON PLUMBING SERV. PETER BOYER CONSTRUCTION FIRESIDE CORNER CUSTOM REMODLERS INC WESTONKA MECH CONTRACTORS WESTONKA MECH CONTRACTORS VALLEY PLUMBING CO. INC. S i FI GEO THERMAL RAPID HEATING k AC INC MIDWEST FIREPLACE CO MIDWEST FIREPLACE CO HE.ATING Si COOLING TWO CENTRAIRE INC KENNETH DURR ASSOC M H SEIFERT CONST M H SEIFERT CONST SOUTHWEST METRO PLBG BOYER k SONS INC DRONEN'S HEATING & A/C CUSTOM PLBG INC ElDEN CONSTRUCTION INC LAKE COUNTRY BUILDERS STEINKRAUS PLBG INC VOGT FRED S. CO SMIEJA 12,000.00PARKER20,000.00WAADE210,000.00BRODERSEN3,000.00 1,500.00HAUGEN.00THOMAS45,600.00LEINTZ.00SHEKELS6,500.00PERKINS4,000.005,000.00SMITH4,000.008,200.00DEVOR.00BOUCHARD1,440.00 BOISCLAIR 200.00 KIELLEY 900.00 KELLEY 210,000.00 KIELLEY 1,100.00 SNOW 16,500.00 LEMIRE 2,000.00 OLSON 300.00 TERP . 00 CODDON 10,000.00 .00 DOTZENROTH 650.00 KNAPP 30,000.00 ZWICKE 8,500.00 1,000.00 1,000.00 •5,300.00 MURPHY 3,600.00 CONNOR 149,000.00 PERKINS 7,000.00 BRUCE 1,000.00 11,000.00 LUKIS 50,421.00 HOLZER 3,000.00 HOLZER 1,000.00 HOLZER 8,000.00 5,200.00 206TH 502.00 1,400.00 MURPHY 95,000.00 DAHL 3,000.00 PARKER 2,700.00 c ■iZONING PERMITS ISSUED/FEES CX>IiL£CTEDreport NBR. BPRMTISS-1 DATE OF RUN 01/31/96 ***** permit issued reportCITY OF ORONO « * * * *PAGE: 1REQUESTER: LIN-- CURRENT RANGE - 01/01/96 - 01/31/96 -- PREVIOUS R7U4GE - 01/01/95 - 01/31/95PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEEUser Defined SUBDIVISION VARIANCE CUPSKETCH PLAN VARIANCE/CUP APPEAL Sub-total 04210 0 7* 0830 725 250 0 0.00 1,005.00* 0000000000 00000 0 0 0000000000 00 ,00* 0.000.000.000.000.00 0.00 0.00* 14001 1 7* Grand-total 7**1,805.00**0.00**0.00**7** REPORT NBR. BFEERPT2-1 DATE OF RUN 01/31/96 ***** PERMIT FEE REPORT ** CITY OF ORONO FROM 01/01/96 TO 01/31/96 USER REPORT TOTAL BASE PEE 1,005.00 1,805.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 1,005.00 1,805.00 300.00950.00 0.00 0.00250.00100.00 1,600.00* 1,600.00** VALUATION PLAN REVIEWu.OO0.000000 0 00000000 .00* 0.00**0.00** PAGE: REQUESTER: LIN wmm|'4<(J PERMITS ISSUED/FEES C0LLE3CTEDREPORT NBR. BPRMTISS-1 DATE OF RUN 01/31/96PERMIT TYPEBuildingSGL FAMiLY-NBWSF-ADD/REMODELSF-ACC STRUCTUREDEMO/PRINCIPALCOM-ADD/REMODEL Sub-total Mechanical. HEATING SYSTEMS AIR CONDITIONING FIREPLACE VENTILATION DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbin< FIXTURE] WATER METER Sub-total Sewer fit Water SEWER CONNECTION NEW SEPTIC SYSTE SEWER fit WATER Sub-total Sign PER./FREE STANDG Sub-total User Defined LAND ALTERATION TREE REMOVAL LAWN SPRINKLER Sub-total Grand-total « * t * *YEAR-TO-DATEPERMIT ISSUED REPORT CITY OF ORONO PAGE: 1REQUESTER: LIN-- CURRENT RANGE - 01/01/96 - 01/31/96 -- PREVIOUS RANGE - 01/01/95 - 01/31/95QTYBASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW11,437.25 210,000.00 934.21 3 4,764.00 1,112,614.00 3,096.61145,918.00 632,021.00 3,352.04 9 2,111.00 236,100.00 1,086.8100.00 0.00 0.00 1 54.00 2,400.00 0.0000.00 0.00 0.00 3 150.00 0.00 0.0000.00 0.00 0.00 2 189.00 14,495.00 40.95 15*7,355.25*842,021.00*4,286.25*18*7,268.00*1,365,609.00*4,224 .37* 6 623.75 49,800.00 ’ 8,500.00 0.00 5 175.00 7,790.00 O.CO 1 106.25 0.00 0 0.00 0.00 0.00 8 360.00 19,000.00 0.00 4 191.25 11,100.00 0.00 1 35.00 280.00 0.00 1 35.00 1,200.00 0.00 0 0.00 0.00 0.00 2 70.00 1.900.00 0.00 0 0.00 0.00 0.00 1 35.00 1,250.00 0.00 16*1,125.00*77,580.00*0.00*13*506.25*23,240.00*0.00* 10 537.50 30,992.00 0.00 8 665.63 Oooo0.00 1 191.00 0.00 0.00 0 0.00 0.00 0.00 11*728.50*30,992.00*0.00*8*665.63*49,500.00*0.00* 1 35.00 0.00 0.00 0 0.00 0.00 0.00 1 100.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 1 70.00 0.00 0.00 2*135.00*0.00*0.00*1*70.00*0.00*0.00* 0 0.00 0.00 0.00 1 35.00 400.00 0.00 0*0.00*0.00*0.00*1*35.00*400.00*0.00* 0 0.00 0.00 0.00 1 75.00 3,000.00 0.00 1 30.00 0.00 0.00 1 30.00 0.00 0.00 1 35.00 0.00 0.00 0 0.00 0.00 0.00 2*65.00*0.00*0.00*2*105.00*3,000.00*0.00* 46**9,408.75**950,593.00**4,286.25**43**8,649.88**1,441,749.00**4,224.37* r'-o PERMITS ISSUED/FEES CXDUECTEDREPORT NBR. BPBBRPT2-1 DATE OF RUN 01/31/96 ***** PERMIT FEB REPORT CITY OF ORONO FROM 01/01/96 TO 01/31/96YEAR-TO-DATE* * * t *PAGE IREQUESTER: LINBUILDINGMECHANICALPLUMBINGSEWER k WATER USER SIGN FIREBASE PEE 7,355.25 1,125.00 720.50 135.00 65.00 0.00 •0.00 PLAN REVIEW 4,286.25 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 421.01 39.15 16.32 1.00 0.50 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DEPOSIT 0.00,,0.00 o.bo 0.00 0.00 6.00 0.00 MAIL IN ADDL SAC # •9.50 3.00 50.00 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 12,062.51 1,173.65 747.02 106.00 65.50 0.00 0.00 REPORT NBR. BFEERPT2-1 DATE OF RUN 01/31/96 REPORT TOTAL BASE FEB 9,400.75 PLAN REVIEW 4,286.25 SURCHARGE 477.90 Lie. SEARCH FEE 0.00 SAC 0.00 INVESTIGATION 0.00 DEPOSIT 0.00 MAIL IN 12.50 ADDL SAC 50.00 ESCROW 0.00 PERMIT TOTAL *' % 14,235.40 •• PERMIT FEE REPORT CITY OF ORONO FROM 01/01/96 TO 01/31/96 A * * * *PAGE: REQUESTER? LIN ©ZONINGpermits issued/ebes cxdllextted YEAR-TO-DAIEREPORT NBR. BPRMTISS-1 DATE OP RUN 01/31/96 ***** PERMIT ISSUED REPORT CITY OF ORONO • * * * *PAGE: 1REQUESTER: LIN-- CURRENT RANGE - 01/01/96 - 01/31/96 -- PREVIOUS RANGE - 01/01/95 - 01/31/95PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW User Defined ^ SUBDIVISION 0 0.00 0.00 0.00 1 300.00 0.00 u. uu VARIANCE 4 030.00 0.00 0.00 4 950.00 0.00 0.00 CUP 2 725.00 0.00 0.00 0 0.00 0.00 0.00 SKETCH PLAN 1 250.00 0.00 0.00 0 0.00 o.uo 0.00 VARIANCE/CUP 0 0.00 0.00 0.00 1 250.00 0.00 0.00 APPEAL 0 0.00 0.00 0.00 1 100.00 0.00 0.00 Sub-total 7*1,805.00*0.00*0.00*7*1,600.00*0.00*0.00* Grand-total 7**1,805.00**0.00**0.00**7**1,600.00**0.00**0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 01/31/96 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 01/01/96 TO 01/31/96 USER REPORT TOTAL BASE FEE 1,005.00 1,805.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0 00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 1,805.00 1,005.00 PAGE: 1 REQUESTER: LIN iiiMk 1996 RECAP OF CONTRACT ClIlESJanuary February Fiarch Apri I June July August Septeinber October Noveinber December YTD TotalsSpring ParicPlan Review 82.87 82.87Inspections390.00 390.00Retainer25.00 25.00TOTAL<97.87 497.87No. Plan Reviews 0 0 No. Inspections 26 26 Minnetonka Beach Plan Review D.OO 0.00Inspections135.00 135.00Retainer25.00 25.00TOTAL160.00 160.00No. Plan Reviews 0 0 No. Inspections 9 w 9 657.87 657.87 A citizens how-to guide for participating in the 1996 precinct caucuses and for running for elected office. PRECINCT CAUCUSES - A MINNESOTA GRASSROOTS TRADITION Precinct caucuses are held in every state election year. The 1996 caucuses will be held on March 5 at 7:00 p.m. Precinct caucuses are the beginning of the process Minnesota's major political F>arties use for choosirtg the candidates and the issues they will support In the 1996 elections. Their choices are especially important because the future of our country will be greatly affected by ttie president and Congress to be elected later this year. The caucuses are open to the public and will begin at 7:00 p.m. on Marchs. What's happening at the caucuses? At the caucuses, you will be able to elect delegates who will support the political candidates you prefer. Your delegates will go on to political party conventions held later this spring and summer. Some of the del egates may even go to the national party conventions this summer and decide your party's candidate for president. Caucuses also give you a place to voice your views regarding issues that are important to your life and community. Issues like taxes, use of U S. troops overseas, health care, schools, social security, and others. You can vote on resolutions that the party conventions may make a part o* the pa'1'/ platfoiTn. And if you think you might be interested in running for an elected office, the caucus is a good place to seek support. Minnesota ’s three major political parties, Democratic-Farmer-Labor, Republican and independence Party will all hold caucuses in 1996. Where will my caucus be held? The parties will announce their caucus locations in the newspapers during the week of February 26. You can also call your county auditor for your party ’s caucus location. Who can attend the caucuses? Anyone can attend a precinct caucus to observe. You can participate in your party ’s caucus if you will be eligible to vote on November 5,1996 and if you support or are likely to support the party ’s candidates. What If I work or have school that evening? Minnesota Statutes 202A. 19 permits you to take time off from work without pay to attend your caucus if you give your employer at least 10 days written notice. Also, state universities, community colleges, and public schools cannot hold classes or events after 6:00 p.m. on the evening of precinct caucuses. In addition, state agencies, school boards, county boards, township boards or city councils cannot conduct meetings after 6:00 p.m. on caucus night. What if i’m disabled? How do i become a delegate? Each caucus will elect a number of delega^ ^ ‘ tt the Democratic* Farmer-Labor and Republican parties, the nwnbr' jnds on the voting record in that precinct for the party's candidates irr. ovious state elections. Delegates will take part in the party ’s county and district conventions, arxl many delegates continue on to the state convention as well. A few del egates will represent our state at their party ’s national convention this summer. If you would like to be a delegate, let your frierxls and neighbors know. Ask them to attend the caucus and to vote for you. RUNNING FOR A PUBLIC OFFICE - AN OPPORTUNITY TO SERVE There’s always a need for dedicated, energetic people to serve in public offices at the state, federal and local levels of government. What offices will be elected in 1996? Federal President and vice-president One U.S. Senator Eight U.S. Representatives State 67 State senators 134 State representatives Supreme, Appeals and District Court judges Local Over 200 county commissioners Many mayors, city council members Many school board members How do I become a candidate? All candidates for a state or federal office (except president and vice- president) must file an affidavit of candidacy and a filing fee (or a petition in lieu of the filing fee) at the appropriate filing office. The filing period opens July 2 and closes July 16, 1996. Candidates for state and federal offices voted upon in more than one county file with the secretary of state. Candidates for state and federal offices voted on In only one county must file with the county auditor. Candidates for nonpartisan local offices may have different filing dates. Check with your county auditor, municipal clerk or school district clerk for details. What are the qualifications to run? Generally speaking, candidates must be citizens of the United States, eligible to vote in Minnesota, a resident of the district from which elected and at least 21 years of age. Some offices have different qualifications. Prospective candidates should check with the filing officer for more details and may wish to consult the U.S. and Minnesota constitutions eind state law. How much money will I need to run? All state, federal, county and other local offices have filing fees, ranging from $2 to $400. However, you can submit a petition in lieu of the filing fee. Contact the filing officer for more details. ratic- voling lections, ts, and det ails ighbors TYTO «ln id vice- stitionini opens tan one iXHjnty Ing strict j States, ected ions. details state s, i of the npaign. of voters resenta- A poWcal party mooting. Apofson electod at a (xednct caucus to represent 0ie views of Peopleare uaualy elected b»ed on the candklatos or poetfons they sttopotl VVtten^ delegates vote a! a party convention to support a The candtoate can then tap the party’s resources to Koochiching Lac qui Parte Lake Lake of the Woods LeSueur Linooln Lyon McLeod Mahnomen 218-283^1 612-598-7444 218-834-8317 218-634-2836 612-K7-2251 507-694-1529 507-537-6728 612-864-5551 218-935 rS69 Wadena Waseca WasNngton Watonwan WMdn Winona Wright Veiow Medictoo 218-631-2425 507-835-0610 612-430^188 507-375-3341 218-643-4981 507-457-1 612-682-:s’ # • 612-564-3132 support his or her Section efforts. Candidates must stfll win the part/s notninalion. at the state primary. A person appointed by the dty or townshfo to aAninister votino at a precinct poSng place. For additional copies of this Voters Guide or for more informa- tlon on elections in Minnesota, contact: maforptety A party receiving the sttoport of 5% of the nurrtoer of peopie voing at the last state general election. Candktatra must be rtominated before their names wffl be tisied on tite November election balot. Ma|or party cancfidates are norrwated at the st^prirnaiy election in Septernber. Minor party are nominated by submitting a petition when they fSe. Joan Anderson Growe Secretary of State 180 State Office Building 100 Constitution Avenue St. Paul, MN 55155-1299 612-296-2803 P**!f p no The list of concerns and princtoles that guides a political party and its candidates, workers and members. **®®**®** A group of people of sbnSar views who are seeking to influence efecfions and public poBcy. A vofny distrid containing one polling place. precina MUCUS Piijlic meefings held by each major political party to dect dogates to various conventions, to discuss issues, and to conduct other party business. State law rediires that caua ises be hdd in even-numbered years on the first Tuesday in March. mol l»i»A statement (usually written) of an idea, issue. corKem, or action for people to vote on at a caucus. Resolutions that go up the ladder to the party conventions may become part of the party platform. For more Information about the caucuses or the major political parties, contact: Democratic-Farmer-Labor Party 352 Waoouta Street St Paul, MN 55104 612-293-1200 Republican Party 480 Cedar Street, Suite 560 St Paul, MN 55101 612-222-0022 Independertce Party POBox 23052 Minneapolis. MN 55423-0052 612-939-6601 For TDD service to contact the prarties, you may call (melro) 297-5353 or (greater Minnesota) 1-800-657-3529. For information concerning the location of your precinct caucus, contact your county auditor. County Name Aitkin Anoka Becker Beltrami Benton Big Stone Blue Earth Brown Carlton Carver Cass Chippewa Chisago Clay Clearwater Cook Cottonwood JJkMX. Numbef County Name Number 218-927-7354 Marshall 218-745-4851 612-323-5275 Martin 507-238-3211 218-846-7301 Meeker 612-693-2887 218-759-4100 Miile Lacs 612-983-8310 612-968-6254 Morrison 612-632-2941 612-839-2525 Mower 507-437-9535 507-389-8341 Murray 507-8366148 507-359-7900 Nicollet 507-931-6800 218-384-4281 Nobles 507-372-8231 612-361-1500 Norman 218-784-2101 218-547-3300 Olmsted 507-285-8145 612-269-7447 Otter Tail 218-739-2271 612-257-1300 Pennington 218-681-4011 218-299-5006 Pine 612629-6781 218694-6520 Pipestone 507625-4494 218-387-2282 Polk 218-281-2554 507-831-1905 Pope 612634-5705 MEET YOUR NEIGHBORS - BE AN ELECTION JUDGE! Election judges are the people on the front lines of democracy. They serve in over 4,(XX) potting places across the state on election day. Their careful and honest work ensures fair elections. State law permits employ ees to take time off from work without loss of pay to serve as an election judge. You can indicate your interest in senring as an election judge at your caucus or mail the application in this voters ’ guide to your political party ELECTION JUDGE APPLICATION If you cani make it to the precinct caucus but are stU interested in being an election Judge, you can fill out this application and send it to the chair of your poiiticai party. A A A A A * * * * A * * « #***««« I am Interested in serving as an election judge with the: (check one) Democratic-Farmer-Labor Party Republican Party Independence Party Name Address City State Zip Phone Number County Down your streets and through your backyards Construction of Ihe "information Superhighway" 1 z 2 w 2 « -a •2 w) ■8 13 O o u o _ c < S t o j/j o COV G ota o o ^ ou s M U I z S B a C/5 B 0 ^ ’S ^ eu ^ 13 fS — 5« ® 3 ,o» o H U< iVill your city be ready or be ignored? A Telecommunications Seminar sponsored by the League of Minnesota Cities and the Minnesota Association of Community Telecommunications Administrators In the next Five years, much of the state's telecommunications infrastructure will be rebuilt and modernized to provide advanced telecommunications services spurring economic devel opment. But many cities may be left out, or ignored by tele communications providers and be placed at a disadvantage when it comes to economic development, while other cities may experience construction nightmares as multiple providers rush to build their new systems. Find out what you can do to prepare your city and take advan tage of these inevitable changes. Date Who should attend:Mayors City Council Members City Managers City Engineers City Attorneys Economic Development Managers Sponsored by:League of Minnesota Cities and MACTA (Minnesota Association of Community Telecommunications Administrators) Time Location Thursday, February 22,199610:00 AM League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 Program 10:00 to noon ♦ Seminar ♦ Public Rights of Way and Zoning ♦ Economic Development ♦ Compensation and Community Television i Legislative Action... Where do we go from here? Lunch on your own Afternoon lobbying at the legislature Registration $15.00 Register by calling the MACTA office at 612 635-0306 or Flaherty & Koebele at 612 225-8840. Please register by Monday, February 19. Q/Uestonfca ^^nte/ii/ention ^/lOjGCt K. FEBRUARY 9, 1996 . ^ TO: CITYOFORONO RE; BLOCK GRANT FUNDING AMOUNT; SI.500 00 Recent changes in rtatodling and Xtrofltrs:: a^nd^ *:-.ich shou,d incfude a copy of a„ such cases be faxed to Westonka Interx-emion, 3) dispose ot cases in a way that will keep them from reoccurring, 4) provide a body of language that can be modified to meet specific changes in existing laws. As the law states, each city must align itselt with a project tor handling domes ic assault and abuse cases within their city. Research has demonstrated that arrest and incarceratio coupled with inter^ ention was the most elective way of dealing with domestic abuse and assault cases. As in the past. Westonka Intervention will continue to assist your police department by providing the vehicle in which to handle those domestic abuse and assault cases. Although <65 clients have been sc,^ed though Westonka Intervention, it must be remembered when reviewinu these statistics that ongoing suppon is a very necessary pan ot the program ^d advocates mav'work with victims for several months. At present Westonka Intervention has over 500 files, a large percentage of which remain open and active. With this support, our clients are changing their situation and are living healthier lives. Wnrl-inn with local noUce departments. Westonka Intervention Project. Inc. serves the communities of Mound. Minnetrista, St. Bonifacius. Orono, Long Lake, Minnetonka Beach, Sprim’ Park This community based non-profit organization has been in existence since November of 1985 and consists of a boai d of thirteen members and seventeen volunteers. In 199' the amount of cases handled bv Westonka Interx ention have increased over 33%. Due to rr;?r can continue to serve your community. Sincerely yours.ours. Valerie J Hessburg, Executive Director 472-2141 • PO. BOX34 • MOUND. MINNESOTA 55364 SEE OVERSIZED DOCUMEriT!! r St. 7 ?/M50 * '” 35»<» AbrM /MB •/ 5f 5m « ■T 9O0<Mr«« 5ec jv -£S^ yj 9^* 0’»'1 ea9f/tm»/S£i9.»lwU S9C.32 -...i_____ PfK)POSED LOT LINE REARRANGEMENT FOR RICHARD SCHMIDT A KEVIN HOLMES m THE SE 1/4, NW 1/4, SECTION 32-118-23 HENNEPIN COUNTY. MINNESOTA tMTtwifflw ntacwmotfi NMi, NMtt 13 tMwl or «w S» PiMpH MmMmi. «Bipl •« SouD 210 Int or •m iaM )10 M tiWMl. rin mtl part Kwnl dncfIM M Mom: ■igwiliH at Ha NWHWM t lanai «> «aM I autaa M Quarts of ■» Mnrtha m nua rta .iianaaiomiiligaiaEaHllnaBtiaia tauaiaaalQuartwottia HirtNaiH Qyfci a at 380 X thawaa laaWirty. aia na rig HgW 1M «maii»ialaiaMaailiMi a>3WfcittianBanortharty, aaHicimmWTt <>TiwlitiaNaia>lBarf«iM «n aha««OMartiroft<a NertMi>a*Quirta; »aamaal ihm lairt Na0> Iwa la ■» p«art a> tailnwim. BiBGbJ TM part af a» SaaiiaaM QuMv al a* naMaNal QmM* or Sacaon 32. TaaaHlp lit Nwa«.Waf^ 23 ¥aa*aiaia3aiPrtnc<aal Martina, jaac rtbiaao*-~------------------------ narthaaal niifc, tiaai aiKli alwt tia tool liia «T aaM tiutiaaat ftartof at awN ujawHQaaMwaaiapiiatMOfcataim BaaaalwIy.aat nllwirlBiMOt aia w20iaaiMliia«i*BiaaatHa>ataiawtanaia>»». trtlai a a na»>^ tnnatlofWaiKfaraaia inlaa MQMail rarf raa aiaaalQMala . tnwaiMatHHiaianwtifcafciiapalwIartumii^. MHCB.TgM1 ItatpartaltM Taaaaltp lit rMl. Mmib a ttaal ar 8ia tai mno^ aarthitaHi»at«afcaatnttaart>aataa:Caaaaart cln| atiiiaaiHirtQ>iiiliiataiaHi»taaiHniailii,aiaw lwaatiil«tii1ii^niiiiliiattiaHittaaaaQMtiia •wpaoaar ira ATPflMKB.1 aoi attaatanSt. aaMn.artiMlaa i pataartatfeinlrta artMtaa tatie taaaAaa I tatraaa a atavlBa a aWMaarttOIOal: I ■afcwiiortttlaalla ■aalarty. tata rtUg il»il t tiatica naatiaaV a aoM a tia Narthfcaaraalt tmiia^Oiiali at^a Niiti nal Oiialai <aiamoaiaal pw* < a rt Miilaaal iiiiiiai aa waaoiaa i aiim aalt Noiti Iwa. and aaM lira l^aaa>it.MetWartpartatart ta ut>artQuailatora»Horthaaal fa iiifcr taaartataartaaa: lajaalin *tia Narthaaal comar af art Sootaaal Qrtrtt#lrtWartwa rnirtai .rtaMaaaMtia>antaiagrt»naarart ■"MrtQatMraIrtNarthBMiauMraaartiaatftlOMkaitnat amartp. tataatat I'M M* tatma a artrta a thrtiaa ar ta tat twaa itaNrtir.rttalwtUMTttataaaatataltatilaaatrtataiaaiaaarartarar a art alaa a rt Haiti Ina lata part ar a aHaw tit -----------orSacton32. TownaTiipttt North. Raaipa 23 Waal ar tia til Prtnalpal Marirtn . ampl tia Souti 2t0 M ol taPaMaiBa»aa.»„0 .m. ----------------------tiaa niitr rf ?* *?"*** *»»■»*»< >»»: Coiaiaawe lap al ta Morthaaal comai ot art «4lSMSMQUMlW4fVl4NHVWHlQMrtM;SMRQ4 tPUtfl MqimSm EMtlMOf art tai ta aa tOii^i attiariarttaaa l Quart a ataneaat<2tlaaltort point or bagaMnt al ta Ilia bafeif taaaitad; tanoa a ntiiaMm dagiaaa 20 ntata a rttaoa or 9t0 tat tanea iwtarty to a part ta aio North ana irt art Botahaaal Quailar or ta Noftatoot Quaitor dMaN 730 04 M aoal of art Northaata coma, aa maaourad atong ort North Itao. and aaid Itaa taro PWgLBPLUBrWCtl.C That part or ta Koiitiaaa l Diiartai oT ta Merth»aat Quaita of Sacton 32 Toarnaliip 11t North. Ranga 23 Waal or ta Sti rhtadpal Martdtan. which Ida northaart^ ta tolaialni daaertirt Ina: Commanctap al ta Narthaaal coniar or art Sautaaal Quailar oTta Noitanal Ckartar. tanoa oouti rtng ta Eld Una or art toutaaal Quaitor of ta NorthMol Quaitor a dlatonca or & M to ta port or taptantag or ta few batag daacrtbad: tianea wiaiirty. datocta lighl 103 dagnaa 20 latauta a diatonca or seo toot tanoa northarty to a potal In ta North Itaa ta art Boidhaaal Quartor or ta Northwaat Quartai dialBnt ^04 tool art ta art Morthaao teomaf at maaiMiad Hong art North Una. and art imallMr4 4ndinQ —#/ mtm "F^» 0F7i0t»0 /ruttj REVISION DA IE DEStKlI'ITON Oi /•■t if r/m.-a/ /,w» S0S.M (B ,-,.u I hiii'K ,iv tM Ihi- -iifxet w4' |'rrpar*M tn m* nr unJrr mv dirwl supif trafein 31 1 7^|jiii4JuIt ni(HlerrdUvilfni:tnf«*rjnJUndSur\t>t‘i»rufidirr ttk ’UH- r Minm-htiU _ __ M*rk S (,r MmrNNartd Ijtvnv \umlw I27W ■'.r Com\ (Sc CKO\HIK(,. INC 1 PROPOSED LOT LINE REARRANGEMENT FOR RICHARD SCHMIDT & KEVIN HOLMES IN THE SE 1/4, NW 1/4. SECTION 32-118-23 HENNEPIN COUNTY. MINNESOTA SCALE DATE //-/-OP JOB NO *•*30 .f • i yg^.^r. •»-., ^ fifry-’na -..r r*/; LINDEN WOODS PNOMSEO ROAD VACATION AND PNOPOSCO 8UWNVISION FOR JEFFREY & BRENDA BOWEN. CHARLES A ANN HOMMEYEa AND KENNETH A KAREN ROLLAND IN BLOCKS 3.4. AND S. MINNETONKA SUMMIT PARK HENNEPIN COUNTY. MINNESOTA LXQAL DIlCWRTinNnP—»«-»« TO ■» Pint Loti 1,2.3. no 4. Ml 3. ■« LM1.2.3. IM 4. Block 4. M Lak t. 2.3.4.9. «. anO 7. Mack 9. kMCTONKA BUMMT PANC )TOit VAiytTfOAMn TM PM af RMb* naca Oiaw Icwam « Paik Lna) aa 9w pM cr MMNETONKA SUHWr PARK oMch taa noMiariir of Bw aacMp loaiapuklaki ■waacMp af •« aauliarty iMOf Lai 7. Sock 9„ MtMETONKA SUMMnr PARK. ALSO AS of Clydo Ptoo CO OadiGaM la tio pukka m t« pW of kWPCTONKA SUPWrr PARK. ALSO TM port of Oak SkM CO dadicaM k> Pw pukkc in tio pW of IflNPCTONKA SUIMT PARK «Mck koa bokoan IM aouKorty oiCanalara acraaa acM OS Spool of Ao oaal kno of Lot 4. Bkick 3. MMNETONKA SUIMrr PARK and Pm oaalail»knoofLol7,Mock9, MPMETONKA SUMMT PARK and aAM kaa na«P<oilyofaknodwii»npot a Palad Pind30laolno»Piailyof,oiiaa>oidalilMd ^Bnolaolo,PwnafpiailylnoorBlock7, MPMETOftIA SUIMPT PARK and da Nnlatly nlonalon k> ka inlotooclion nPh aold aouPiorty adanal nn of Pio laiNily knoafLol7.Bk)ckS. DESIGNED BY REVISION DATE DESCRIPTION a:/>p,AA' . tmr i,a/T r I hiti+. .,-iih llul IhB HJ. pn-|uml b. m. ,» uiid.-t im difnl .U|»i vi»«i «K iM I jm . Jolv rntBBtpd f nil I n|o™»i mi l.ind !>uno or und« Iht U.... ihf bub- lO Mllliwv*! _ ______ Kliit b ( iDilirnl MmimuU LKn«» Vumbnlr» COIII\ ik (,RO\BI K PROPOSED ROAD VACATION AND PROPOSED SUBDIVISION IN BLOCKS 3.4, AND 5. MINNETONKA SUMMIT PARK HENNEPIN COUNTY, MINNESOTA SL \l I DATE 9-//-PP |OH NO. •tfOT