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HomeMy WebLinkAbout08-26-1996 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26, 1996, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) A .,erisk 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 thcQ^g^da items are 2iv5iil!ih1p in rhp Piihlir P;irkpf - Inratpd on thp counter near the si^n in sheet.available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL ^ fi 1 Jim Daniels, Lake Minnetonka Communications Commission - 1997 Buci^<s, 2. CONSENT AGENDA ^ C^jo APPROVAL OF MINUTES * 3. Regular Meeting of August 12, 1996 PARK COMMISSION COMMENTS u-PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4. /!^2150 Kent and Susan Swanson, 3229B Casco Circle - Variar.ces - Resclation *? 5. #2156 Michael & Theresa Eastman/Lakeview Golf, 4520 West Branch Road/405 North Arm Drive - Subdivision of Lot Line Rearrangement - Resolution 6. #2158 John O’Sullivan/Grace Baptist Church Property, 2380 Shadywood Road - Rezoning - Ordinance 7. #2163 Larry & Sharon Gehl, 1825 Concordia Street - Variances - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT CITY ADMINISTRATOR’S REPORT 8. Acceptance of the Resignation of Steve Peterson as Chairman of the Planning Commission 9. Council Salary Adjustment - Ordinance Amendment 10. Sched’.j'ing of a Work Session to Discuss Potentia’ Scwer Projects 11 . Telecommunication Tower Moratorium - Ordinance CITY ATTORNEY’S REPORT (*12.) LICENSES (*13.) BILLS i V AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 26, 19%, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 'Ji •» UPCOMING ISSUES AND EVENTS 08/26 - Council meeting 7:00 p.ra. C8/27 - Council Work Session 8:00 a.m. 08/27 - Filing Opens for Municipal Election - Closes Sept. 10 at 4:30 p.m, 09/02 - HOUDAY - Labor Day 09/03 - TUESDAY - Park Commission 7:15 p.m. 09/09 - Council meeting 7:00 p.m. 09/10 - PRIMARY ELECTION - No public meetings before 8:00 p.m. 09/10 - I^t Day for Filing for Municipal Election - Filings Close at 4:30 p.m. 09/16 - Planning Commission 7:00 p.m. 09/23 - Council meeting 7:00 p.m. •i i * I , • ar m , mt-rn, i J Public A ttendance -m ■■S Meetinu D ate - V<^ C ouncil Planning C ommission Park C omnhssion Other Please hll out the information REQUESTED BELOW FOR OUR CITY RECORDS.i NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 2 “Ja ’VX, Q. ^____* AJU ^ y Cd 2. 3 4 2l‘ib r ^/‘T2£J i^. ^\r\A ‘^w>i/ism^ 1-’ C ac L • kto-m- 5 ■J5-^ 6t/qy//f C4, ■^;/-o7/^7 Clt^___! •^^Cofez 4^7/- 11. 12. 13. 14. 15. OfUM.4 • •» 4 I • tf L----- REQUEST FOR COUNCIL ACTION DATE: Augus ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Item Desaiption: Administrator Reviewed:Agenda Section: Administrator’s Report Lake Minnetonka Communications Commission 1997 Budget Jim Daniels, the Cable Administrator for the Lake Minnetonka Communications Commission, will attend the August 26 Council meeting to provide information regarding the 1997 Lake Minnetonka Communication Commission budget, and an update on the Conunission's activities. Attached is a letter from Mr. Daniels and a copy of the 1997 budget. I LAKE MINNETONKA COMMUNICATIONS COMMISSION cV OEEPHAVEN EXCELSIOR GREENWOOD LONG LAKE MEDINA MINNETONKA BEACH MtNNETRtSTA ORONO SPRING PARK TONKA BAY VICTORIA WOODLAND 540 SECOND STREET • PO BOX 473 • EXCELSIOR. MN 55331-0473 612. 474-5539 • FAX 612. 474-0430 August 12,1996 Mayor Edward Callahan City Council Members City of Orono 2750 Kelley Parkway, Box 66 Orono, MN 55323 Dear Mayor Callahan and Council Members: The Lake Minnetonka Communications Commission (Li>lCC) passed the enclosed budget for 1997, at the full LMCC meeting on August 6,1996. As has become the custom over the last few years, we have scheduled a timed item on your council agenda to spend a few minutes giving you an update on LMCC activity and seeking city council support for the next twelve month effort and budget plans of the Commission. It is important for me to remind you that the LMCC is ns2l funded with tax dollars, but rather an annual fee paid by the cable company, that insures reasonable "basic” cable rates, studies of future communication needs, promotion of local programming for community/government/education, and handling of resident complaints regarding picture quality or system plant con.struction /installation. ST. BONiTAcius j |qq|j forward to appearing before you once again, to answ er any questions you may have regarding Triax Cablevision’s performance, implementation of the 1996 sHCREwooo Communications Act passed by Congress, and some po.ssible action at the 1997 Minnesota State Legislature with regard to control of easements/right.s-of-way. Regards, Lake Minnetonka Communications Commission James W. Daniels Administrator Enclosure cc Commissioner Pattrin mI.AKK MIININK rOINKA ( OMMUINICAHONS COMMISSION1997 mjiK;i:i AIM’KOVKI) BY LMCCINCOME Franchise Fees Approved1996$137,079.64 Proposed 1997 Budget$142,000.ProposedChange$ + 4920.36 zChangeTriax Soeclal Studio Agree.0.00 2,000.+ 2000.00 V-, Interest 3,500.CO 4,000.+ 500.00 140,579.64 143,000 + 7420.36 5.0% OPERATING EXPENSES Administrator. Access AOfTice Staff 75,200.00 81,100. + 2300.00 + 3600.00 + 5900.00 3.0% 4.2% DcKrfption Payroll for Admin., Prod. Coord., PT Prod. Asst A '•2* Admin. Asst (Plus North Studio Staff) Seeretariai Ser> ice 750.00 775.+ 25.00 3.2% Payroll Services Payroll Taxes/PERA 9,450.00 10,140.+ 690.00 6 • 2% PERA & employer tv/tiolding contribution Travel Expenses 2,100.00 2,175.+ 75.00 LMCC visibility at all cities, MACTA Aerraneds Health Insurance 5,150.00 5,400.+ 250.00 ^ Amt. attributed to employee health ins. Legal Fees 6,000.00 7,000.+ 1000.00 14.2% Rate rcg/franchisc legal counsel/franchise renewal Insurancc/Bonds 5,400.00 5,670.+ 270.00 4.7% Wotkers Comp., Dishonesty Bond, Property Liability LMCC Accounting/ Annual Rn ictv 1,950.00 2,000.+ 50.00 2.5% Bookkeeping A annual audit Conf., Schools & Cons’cntions 6,300.00 6,500.+ 200.00 3 NATOA. MACTA, NFLCP Omcc/Sludio Supply Janitor Serv/Suppiy 4,000.00 4,000.0 Normal olTicc/studio supplies, copy machine agree* 0% mcnl @ S30/mo. A janitor service and sui^lies Membership Dues/ Subscriptions 1,500.00 1,500.0 NATOA, MACTA, magazines and 3 local Chambers of Commerce 1 T eleplioneA^oice MailPoslagc/PO Box Miscellaneous Adverlising/Proiiio Four Quarlcrly Ne\^sleUers OfTce Equipment Oflice Rent Eqiiipiucnl Mninl. A Repair OPERATING FUNDS SUB-TOTAL Approved1996$ 2,215.001,415.00 950.00 4,200.00 0.00 8,700.00 1,614.64 1,500.00 138,394.64 rACIi 2LAKE MINNE I ONKA COMMUNICATIONS COMMISSION1997 IHJOCE I - CON IINUEDProposed 1997 Budget$ 2,280.001,450.00 950.00 4,200.00 0.00 5,000.00 1,700.00 143,340.00 ProposedChange+ 65.004 35.00 (-3700.00) 4 85.36 4 4945.36 XChange2.8..2.4% 0% 3.4% DescriptionMonthly charges/ansering service / E-Mail LMCC ngcndns/corrcspondcnce, A PO Do.x Rental Varies Four qunrlcrly ncu-slcllcrs to all interested cities, direct mail promos, Tria.x bill stuflers A Annual Ch. 21 Atvards Onicc Rent A Bank Bo.x Increased hours on cqiiipincnt will cfcatc need for repair Based on 6.5% of ta.xablc purcliases : Y .i i 4 PACE 3LAKE MINNETONKA f OMMlINICA I IONS COMMISSION1997 lUiDCE r - CON l INliEI)SPECIAL FUNDSCapital Funds Franchise Renewal Fund Tape Slock Technical/Financial Rale Audit Studio Fqnipmciil Legal Fund OIRce Equipment Access Equipment Access/De^'clopincni Contingency Sales Tax SPECIAL FUNDS SUB-TOTAL OPERATING FUNDS SUB-TOTAL GRAND TOTAL Approved1996 Proposed 1997 Budget 1,000.00 300.00 2,000.00 100.00 1,500.00 ,000.00 11,000.00 600.00 21,500.00 138,39^.64 159,894.64 1,000.00 300.00 2,500.00 500.00 100.00 500.00 5,000.00 11,000.00 300.00 21,200.00 143,340.00 164,540.00 ProposedChange IChange0% OZ + 500.00 + 500.00 ( -1000.00) ( -300.00) ( -300.00) + 4945.36 + 4345.36 20.OZ 100.OZ OZ OZ OZ + 3.4Z + 2.6Z Description Ex|)cnscs involved in "Future ” Needs Assessment and Renewal Rcpinceincnt of videotape for production Future audit il nedded Replace aging equipment Fiitnrc nnrorcsccn legal expenses Replace oIPcc computer t Cameras, porta-pack, misc. Tor an Kill city council meeting Co\-cragc of 8 city council migs., film dc^’elopmenl and DeWoir Audio Dascdon6.S% of taxable purcliases -I Biidgel96.pub f ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 12, 1996 X ROLL The Council met on the above mentioned date with the following members present; Mayor Edward J Callahan, Jr, Council Members J. Diann Goetten, Charles Kelley, and Gabriel Jabbour. Council Member JoEllen Hurr was absent Representing Staff were City Administrator Ron Moorse, City Attome>’ Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, City Engineer Glenn Cook, and Recorder Sherr>’ Frost. Mayor Callahan called the meeting to order at 7:00 p m (*#I) CONSENT AGENDA Items #3, 6, 8, 9, 10, 13, 14, and 15 were added to the Consent Agenda Callahan moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES (•#2) REGULAR MEETING OF JULY 22,1996 Callahan moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of July 22, 1996. Vote. Ayes 4, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Andrew McDermott thanked the Council for the Work Session recently held. Key issues from the Work Session for the Park Master Plan were said to be 1) evaluation of remaining large parcels of land for open space, 2) funding options to include tax authority and outside binding for maintenance of parks and acquisition of park land; 3) community play field for recreational needs and potential locations as well as discussions with other west suburban communities regardmg play field needs; and 4) a tree planting program for parks and other property within the City. The Park Commission will review trails for biking and walking at a later time to tie the trails together in a general format Park standards will also be reviewed. McDermott reported that the Park Intern, Mike Schultz, has been doing an outstanding job and would appreciate any extension of time available to maintain Schultz for further review of the park system. McDermott also reported that the Old Crystal Bay Road bike trail construction is now out for bids. The Park Commission is concerned with the funding for the bike trail and would like to see the curb and gutter paid for by other means than the Park Dedication Fund r MINUTES OF THE REGULAR ORONO CITk' COUNCIL MEETING HELD ON AUGUST 12,1996 (Park Coramission Comments - Cominued) ^ Callahan said he recently spoke with Jim White of the Park Commission, w ho commented on the outstanding members within the Commission. Jabbour asked McDermott to consider other courses of action regarding funding for park needs PLANNING COMMISSION COMMENTS Commissioner Dale Lindquist was present but had no comments at this time. Mayor Callahan expressed his regret over the resignation of Planning Commission Chair Steve Peterson. Cdlahan movea, Goetten seconded, to appoint Dale Lindquist as Chair of the Planning Commission V'ote: Ayes 4, Nays 0. The Council will considi’r the applicants for Planning Commissioner to fill the vacancy left by Peterson. PUBUC COMMENTS Lloyd Fairbanks, 90 Willow Drive, and netsUKjr, Ron Miller, asked the Council to investigate the condition of the cui v crts on Willow Drive. Fairbanks said the road has gotten progressively worse and has seen no improvements made since he spoke with Gerhardson regarding the road last fall. He also suggested a stop sign be installed near Hackberry Park as there is alot of speeding of cars taking place when children are playing neaiby in the park. Miller reported that the culverts near the park entrances and south of the bridge causes cars to "bottom out". Moorse said he would review the situation and phone the two gentlemen regarding results. It was noted that the speed limit on Watertown Road is 40 mph. Fairbanks suggested that the road be patrolled. Kelley agreed that the speeding near the park was a problem and would appreciate the matter being reviewed. ZONING ADMINISTRATOR’S REPORT (*#3) #2153 BEN YOUNG, 3106 SIXTH AVENUE NORTH - VARLANCE - RESOLUTION #3747 Callahan moved, Kelley seconded, to approve Resolution #3747. Vote. Ayes 4, Nays 0, 1 MINUTES OF THE REGULAR ORONO CITI' COUNCIL MEETING HELD ON AUGUST I2» 1996 HIGHWOOD road . AFirR-THE-FACT Mabusth reiwrted that the application is for an after-the-fact variance for an upper level deck consisting of 65.5 s.f The deck is an extension of a 3* wde walkway deck and is located 2 r in front of the average lakeshore setback. The existing lower level deck is 3 1.6’. The upper level deck adds an additional 115 s f of new hardcover There is a slight structural coverage increase of 0.1% or 14.9 s f with the upper level deck The Planning Tommission asked the applicant to reduce the lower level deck by 50 .s f The proposed reduction is at 50.6 s f The appUcant had asked that the reduction occur at the comers of the lower level deck so as not to affect the existing supports. The overall reduction in hardcover is from 416% to 40% Plastic underlayment was found w^ inspecting the lower level deck and will be removed. Mabusth noted that the neighbors on both sides of this property were in favor of the application The applicant had no additional comments. Goetten was informed that a penalty fee was assessed as well as a building permit penalty. Callahan pked why the delay of time in the variance application from the time of deck construction Karkda reported that he had been busy dealing with personal problems. Jabbour moved, Kelley seconded, to approve Resolution #3748. Vote: Ayes 4, Nays 0. (#5) #2134 ROBERT ALBRECHT, 1810 SHADY^OOD ROAD - VARIANCE - RESOLUTION #3749 Robert Albrecht and his attorney. Bob Nlitchell, were present. Callahan inquired if the applicant wished to await the arrivTtl of Council Member Hun- before proceeding with review of the application, which Mitchell declined Gaffron reported that the Council gave conceptual approval at their July 8 meeting. At the July 22 meeting, the resolution for approval failed with a vote of 2:3. The application was then tabled to allow the applicant to consult with his attorney. Gaffron said a denial resolution was drafted, and the packet includes the approval resolution drafted prior to the tabling of the application as well. Callahan noted the inclusion of two surveys, one from the 1991 review and one provided by Mitchell J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12,1996 (#5 - #2134 Robert Albrecht - Continued) Mitchell said the applicant is desirous of the deck and alluded to his letter written to the Council informing them of why the deck should be approved Mitchell noted the correlation between the two surveys, the width of the driveway, the nearby homes with sintilar decks, the approval of the neighbors, and the need for no additional variance and lessening of the burden of hardcover on the City and it's ordinance. Mitchell said the applicant did not grow up in the area and was unaware of the strict codes He also noted that the applicant was willing to make additional • oncessions and has agreed to reducing the size of the lakeside deck. fabbour asked what the difference was between this application and the previous application. Callahan noted that there was no additional hardcover proposed on the Karkela application or any reference to limiting the hardcover on the property on any past resolution as was present with this application. Mitchell commented that the total hardcover would show a reduction with this proposal. Callahan reported that the driveway was installed in 1991 for safety reasons. Mitchell deferred to the question of pavers versus asphalt and the past was between the City and another owner. Callahan informed Mitchell that this was the City's opportunity to correct mistakes made in the past. Mitchell did not see why this owner sho'tid bear the consequences of differences with a past owner Mitchell noted that the deck is located out of the lakeshore setback zone and the 0-7S' zone. Callahan responded that the applicant was in this particular situation because he failed to apply for a building permit, which would have allowed the City to inform him of the codes Callahan said he had a difficult time requiring a property owner to remove what has been built, but the rules were not followed and the 1991 Planning Commission recommended that no additional hardcover be allowed While agreeing that the property was overburdened, Mitchell said if the issue was hardcover within prohibited zones and no additional hardcover on the property, the deck is not in the protected zones and the.e is a net reduction of 20S s.f of hardcover. Callahan responded that the deck was still constructed against code and against past direction from the City in a resolution. Mitchell again alluded to the pavers approved in the subdivision of 1985 and how this accomplishes any reduction of hardcovei. Jabbour said the idea would be tracks of pavers rather than a continual block of pavers MINUTES OF THE REGULAR ORONO Cm’ COUNCIL MEETING HELD ON AUGUST 12,1996 (#5 - #2134 Robert .\lbrecht - Continued) Kelley said, if the intent of the 1991 resolution was not to increase the hardcover, the application before the Council shows a reduction Goetten agreed but was not in favor how it was being handled by adding another deck and removing hardcover elsewhere Goetten did not believe the application would have been approved if brought before the Council as a proposal before being built. Goetten said she was not on the Council in 1985 but was involved with the application in 1991 It was her understanding that there would be no more hardcover allowed on the property She added that the driveway, now being proposed for reduction, was installed for safety reasons Goetten said she agrees with the conditions placed on the propert>' in 1991 and would need to adhere to principles and would not vote for approval When Mitchell noted the decrease of liardcover, Goetten responded that she was concern with continuing to approve applications that invoKe what the Planniitg Commission said no to in 1991 She also voiced concern with property owners constructing without permits and assuming it will eventually be approved anyways. Mitchell noted that the applicant would not take this same approach again. He also added that the sight lines were not affected by the deck for the neighboring properties Goetten said she did not like to say no to such an application but would have to in this case. Jabbour asked for the comparisons of hardcovt*r on this property in 1991 and as it exists now. Gaffron said 5080 s f of hardcover was approved in 1991 . There is 5037 s.f of hardcover existing today The proposal calls for a total of 4832 s f of hardcover, which is less than what was approved in 1991 Jabbour commented that the proposal was then truly a reduction He noted that the City does not inspect driveways He also commented that the lack of know ledge from not having grown up in the area was not a valid excuse. Callahan clarified that there was less hardcover today than what was allowed in 1991. Gaflffon concurred Jabbour said this was a key issue Kelley added that the applicant w as following the spirit of the ordinance. Callahan said he was troubled as seeing the application as the applicant trying to get out of a bad situation. Albrecht commented that the past ow ner had used the driveway for parking of vehicles for those renting boat slips. Albrecht said the 22' of driveway width was not necessary. Jabbour moved, Kelley seconded, to approve Resolution #3749. Vote; Ayes 3, Nays 1, Goetten. Jabbour ’s motion to reconsider so application could not be brought back before the Council received no second. (*#6) #2136 GREENFIELD CORP., 180 NORTH SHORE DRIVE WEST- PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION #3750 Callahan moved, Kelley seconded, to approve Resolution #3750. Vote; Ayes 4, Nays 0. 5 MINUTES OF THE REGULAR ORONO Cm' COUNCIL MEETING HELD ON AUGUST I2» 1996 (#7) BIG ISLAND, INC. - AMENDMENT TO 1996 JOINT USE DOCK LICENSE - RESOLUTION #3751 Mark Scholie, secretary of Big Island, Inc., was present. Gaffron reported that Big Island, Inc., currently has a joint use license for a day use recreation area. The current 1996 joint use dock license allows tor 2 docks on which there are 14 slips in use The CUP allows 15 slips at the shared joint use dock. The proposal is for an additional 32' roll-in dock on a lower elevation away from the bluff area to allow for handicap access. Staff determined that no revision is required to the CUP but rather an amendment to the joint use license Jabbour asked if the water level was deep enough in this area and location of buoys. Scholle said the buoy was located between the other two docks, and there was enough depth in this area. Scholle was also asked if the boa's would be docked for the day or if the dock would be used as a drop off dcholle said people would be dropped off only to eliminate the need to climb steps, and the boat would be brought around to the other dock areas. Kelley clarified that the use was not for the intent of acquiring another slip. Gaffron informed Jabbour that there was approximately 1000 ft. of shoreline for the use of Big Island, Inc. Jabbour moved, Callahan seconded, to adopt Resolution #3751 directing Staff to issue an amended Joint Use Dock License to Big Island, Inc., subject to conditions noted herein for the period of August 12, 1996 to December 31, 1996. Vote; Ayes 4, Nays 0. MAYOR/COUNOL REPORT Callahan noted receipt of information regarding an inspection of the lock-up facilities in the police department by the Hennepin County Sheriff's Department. Compliance was shown to be at 100®/o. Callahan also commented on recent daily activity within the police department. ENGINEER REPORT (m) BID AWARD - LIFT STATION #2« RENOVATION Callahan moved, Kelley seconded, to approve the bid award for the Lift Station #28 Renovation to Ford Construction, Inc., in the amount of $69,872.00. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12,1996 (•#9) PAY REQUEST #l KELLY AVENUE SANITARY SEWER IMPROVEMENT Callahan moved, Kelley seconded, to approve Pay Request #I for the Kelly Avenue Sanitary Sewer Improvement in the amount of $22,717.83 to Widmer, Inc V^ote: Ayes 4, Nays 0. (*#I0) PAY REQUEST #1 AND FINAL 1996 SEAL COAT PROJECT Callahan moved. Kelley seconded, to approve Pay Request #l and Final Request for Payment for the 1996 Seal Coat Project in the amount of $34,401.26 to Alli^ Blacktop. Vote: Ayes 4. Nays 0. CITY ADMINISTRATOR’S REPORT (#11) APPEAL OF LOCAL SAC AND WAC CHARGES FOR $340 SHORELINE DRIVE Moorse reported that an amendment to the fee schedule ordinance was approved in April of 1996. Local SAC and WAC charges are to be collected when non-residential properties are changed to more intense usage. The fee amount is $900 per unit basis for additional sewer flows and $900 per unit for additional water usage. This is a one time charge collected at the time the building permit is issued. The first case Is now before the Council as a resuh of the redevelopment project by John O'Sullivan at 3340 Shoreline Drive The projected increase in usage is dramatic due to the addition of a car wash resulting in a signiflcant charge due at this time. O'Sullivan was surprised when he was apprised of the fee and is requesting an appeal of the charge. Staff did issue the building permit with the understanding of the appeal being brought before the Council for consideration. O'Sullivan informed the Council that his application was first brought forward in January of 1996 and approved in March of 1996. The amendment was approved at the April 22 Council meeting At the time of finalizing paperwork for his mortgage closing, O'Sullivan was informed of the fee. He was not expecting said charge. O'Sullivan asked that the Council consider his appeal because the approval of his development was made prior to the approval of the fee amendment. He also questioned why the City did not inform him of the charge before the time of issuing the building permit. O'Sullivan also said he was informed that the : amounts came from a study of comparable neighboring cities and challenged whether the cities shown in the study were actually comparable as they are not part of the metropolitan waste system. O'Sullivan presented to the Council information he gathered from other neighboring cities which he felt were more comparable and found rates from $0 to $ 10,500. Some examples were PI>mouth at $1,000 and Spring Lake Park at a total including SAC, WAC. and building permit at $17,452. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12.1996 (#11- Appeal of Local SAC and WAC Charges - Continued) Jabbour responded that the comparison did not apply to Orono, He added that the Council had made the decision that the burden of intensification of usage for w ater and sewer should be borne by the user Jabbour said comparisons could not be noade with cities where homes were row upon row He did agree that O'Sullivan should have been notified earlier but saw the schedule as a logical and reasonable way of raising the capital to cover the costs. Moorse noted a paragraph in the applicant's deN'elopment approval resolution stud the development would be subject to local SAC and WAC charges but the amounts were not known at that time. Kelley commented that It was unknown at that time whether the chaiges would be approved on April 22 Callahan said the water and sewer finances were not in good shape and did not believe the other taxpayers should have to make up the difference for such development noting the extreme use for the car wash Callahan said the unit charge in Orono was not out of line, but the ability to finance such costs when it involves such a large number of units as in this application and discovering it at the last minute does present a problem. He suggested O'Sullivan be allowed to pay on an installment plan over severd years to allow the cash flow to assist in pa>Tnent of these charges Callahan did ask for some type of security but added that no interest would be charged Jabbour regretted the lack of communication but agreed that the fees were reasonable. Callahan added that the amendment happened to be approved when it was. and O’Sullivan's application had not been held up. Goetten said the costs, if not absorbed by the commercial application, would otherwise have to be paid by the general population. She felt bad how it worked out but felt it was fair to allow installments to be made. Goetten noted that all costs are bom by the applicant in zoning applications. Kelley suggested the cost be spread out over a 5 year period. Callahan said some level of security would have to be detemiined but did not wish it to interfere with the security of the proposal. It was determined that O'Sullivan and Moorse would work out a plan for the installment process Callahan moved, Kelley seconded, to deny the appeal and leave the amount owed as shown in the fee schedule. Callahan directed the administrator and attorney to work out an arrangement with O'Sullivan to permit payment over 5 years without interest with security, preferably real estate. Vote: Ayes 4. Nays 0. 8 L . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12, 1996 (#12) INTERNAL TRAILS IN OLD CRYSTAL BAY ROAD ADDITION (DICKEY PROPERTY) Moorse reported that the Dickev property portion of the Crystal Bay Addition Subdivision was to include a set of internal trails. The City has acquired the easements, but the trails have not yet been constructed There has been discussion over time on what type of trails In order to bring the topic to a conclusion and gain input, Moorse planned to meet with Park Chair Flint, Dick Putnam of Tandem Properties, and Tony Eiden, owner of the lots It was discovered prior to the meeting that Putnam was under the impression that the Council did not want internal trails Putnam had then asked for clarification. Moorse said the minutes from the meetings relating to the property and the resolution indicated a system of public trails to be developed by the developer He asked the Council for clarification in order to move forward Callahan inquired if there w ere easements Mabusth said the easements were shown on the sketch and located 5' on both sides of the lot lines and cul-de-sacs. Mabusth showed an ov erhead of the resolution viewing the designation of the internal trails. Putnam referenced a paragraph in a memo by Moorse where it was indicated that Putnam was of the opinion the trails would not be construrted. Putnam said this was not true adding that he had said, “No one knew what the trails were going to be" Putnam then referenced four resolutions directing him on proceeding with the trails and indicated that he had completed what was directed. Putnam said no one knew what was going to be done with outlot A and the park. He said the agreement said he was to take the bam down which has been done. Putnam said he asked to speak with Moorse to solve the problem and was informed by Mabusth that the issue would be on the Council agenda. Jabbour asked Putnam if he had informed the neighbors that the trails were going in. Putnam replied that he had sold the property to Eiden. He said he did gradmg on the private road, but the Council would have to refer to Eiden on this property. Jabbour said there was major discussion over this issue when the property was plotted. Kelley added that the discussion was held on how to mark the trails Putnam commented that there was nothing saying what was needed or what should be done. He said he was told to put the trails in but not what to do. Callahan said he vvas hearing two different stories from Moorse and Putnam. Callahan said it was his understanding that the trails and easements were to be installed, but no decision had been made on whether the trails should be paved. Callahan said the Park Commission and Staff were of differing viewpoints on the surface and had come to no conclusion It was his point of view that Putnam was to pay for the trails and needed to discuss with the City and Commission. Callahan said it was the desire of the Park Commission to obtain a plan and construct the trails and had asked to consult with Putnam. -A ^^NUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12,1996 (#12 - Dickey Property Internal Trails - Continued) Putnam responded that he was now two owners removed, and the City needs to consuh with those living there Callahan and Jahbour disagreed. Jabbour alluded to the minutes where it specifically stated that the trails were to be built Putnam said the resolution made mention of the bam Jabbour said there were separate internal trails which were public, not private, and the minutes state that Putnam would build and pay for these trails Putnam questioned why it was not in the resolution He asked how it could be done without know ing what kind of trail He added that he had never seen the minutes but had four resolutions and wants to do what is in the resolutions, which Putnam said was to develop a grading plan. When asked by Callahan, Putnam said it was his view that he has done what he was suppose to do. Callahan said it was his view, as well as that of the Staff, that Putnam was responsible for the cost of the internal trails. Callahan asked Flint to comment Flint said, as the development occurred, he was aware of the trail not being constructed He said the Park Commission tried to find out about the trails and scheduled the item on their agenda at several meetings asking the developer to attend. Flint noted that Putnam did not attend these meetings Mabusth said the developer was asked to attend Putnam said he received a copy from the Staff of the agenda of the Park Commission meeting but there was nothing saying he had to come. Callahan commented that Putnam had responsibility at sente point. Flint said the Commission then considered the trails and made a recommendation. Flint said the problem was the new homeowners were moving in and it became difficult to distinguish where the trails were located Flint said the trail was to be public which would require the maintenance by the City A bituminous trail was considered as it would be less maintenance but more of an impact It was then concluded that the trail would be marked with low monuments with a grass surtace This would allow access to the park from the east and west for those in the development as well as a connection between East and West Countryside There would be low maintenance but the trails would be distinguishable Flint said there was difference of opinions on the trail surface but all agreed that the trail be considered as a minor trail. Flint said the intent of the Park Commission was to discuss these internal trails with the developer. Greg V^itas, owmer of lot I, said he had no conception when he bought the property of any internal trails. He views the area as a private and residential. Vitas said there were trails all around this area with the Luce Line and the trail along Old Crystal Bay Road. He sees no reason to make more trails and asked why now a private park. Jabbour responded that the private park was there before Vitas was ever there. Jabbour reviewed some of the history of the subdivision rrating the major concessions made with the City. He said originally the subdivision was to have been 2 less lots. Jabbour said the residents of the neighborhood should be unhappy with what was portrayed by those representing the subdivision. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 12,1996 (#12 - Dickey Property Internal Trails - Continued) Vitas asked the Council to listen to who is living there now. He noted the otlwr paths and asked why the public internal trails in the private residential area Jabbour said it w’as part of the plan Callahan agreed the area w as private but that the City' had decided it was an amenity to the City and movement of its citizens to the park area and to the Luce Line Callahan reiterated that the trails were on the plat maps Vitas said the plat map was not explained to him. Callahan responded that it is all the City can do to show the trails on the plat maps in order to make potential buyers of the property aware. Jabbour commented that the City paid for the trail and its ownership. Vitas asked if the City was benefiting from the dev elopment All of the Council agreed. Vitas said it was an absurd rationale as the City was benefiting a thousand times over. Jabbour noted the many hours spent on the plans for the subdivision noting the cost of the homes were not discussed Jabbour said the neighbors at large would own it. Jabbour said it would be inappropriate at the time of the subdivision to say what certain prices of homes would be ai^ropriate. He added that the residents came after-the-fact of the trails being platted and should have known of what was in the plans Vitas took offense at a comment of due diligence and how he should have been aw are of the trails. Council noted the chain of title would stipulate said trails. Callahan added that their real estate attorney would make note of such encumbrance. Rick Dennison, a homeowner in the subdivision, asked for clarification on whether the Council was immovable noting the goverrunental bo^'y should be about change for the best. Dennison said trails should be for the benefit of those who live in the area. Jabbour said decisions are made for the best for the people at large and hoped that the homeowners also were not immovable. Jabbour said the vision as seen today has been interrupted noting both the City and the homeowners have paid for the vision He added that the Council was entrusted with the interest of all. Jabbour said not any minute detail was not spoken about in the review of this subdivision and asked the homeowners to read the minutes regarding the subdivision. Dennison responded that he would be willing to look at anv new information that comes to light. Callahan said the vacation of an easement and abandonment of trails would require a filing of a petition for a meeting to address the issue as it is not on this meeting's agenda. The agenda item was to determine what is being done with the trail. The Park Commission and Staff would decide on what surface is to be on the trail r MINUTES OF THE REGULAR ORONO CITY COIWCIL MEETING HELD ON AUGUST 12,1996 (U]2 - Dickey Property Internal Trails - Continued) Dwight Seward, owner oflot 2, said he was shown the plat by Tony Eiden, but it was never mentioned that internal trails were in the plan He was notified in writing when the title work was completed adding that it was after he had already applied S50,000 towards his home He voiced concern ov er additional trails than those already in the neighborhood and people trespassing off the pathway He added that the trail would interfere with a neighbor's deck and trees planted by homeowners. He would tike to see the trail along Watertown Road and not into the subdivision. Kelley asked the homeowners if their Realtors or developer did not inform them of the mtemal trails, what recourse they might have. Those present said they had none. Jabbour asked what could be done differently so such a misunderstanding would not occur again besides filing on the deed Callahan noted that Countryside East and West were planned to have a road connecting the two areas. Kelley said the outlots are there and are platted to the farthest east and west sides. They have not been connected as the residents do not wish them to be. Callahan said it would have been his prediction that the road would go through as it was discussed when the development was planned. Vitas noted that these decisions were made in the past, and asked why they have to be carried out, as they may now not be a good idea Callahan suggested another meeting be scheduled with the full Council to debate the issues as this agenda item does not relate to changing the plans. He asked that the residents understand the background noting the plat, the number of homes, the internal trails and how they fit within the City. Barb Hite, 2475 Country side Drive, a resident of the older area of Countryside, said the residents expressed the same surprise when the developer discussed the plans with them. She said she is delighted with the CMd Crystal Cay Bike Trail. It was questioned at that time that no other subdivision in Orono has interna! trails. Hite added that others come from areas outside of Orono to use the Luce Line. She questioned the need for a bituminous trail to the Luce Line and the park. She sees sense in the Old Crystal Bay Bike Trail and the trail into Baker Park. Hite asked the Council to reconsider their decision and reasoning why a trail would be put tlirough the neighborhood. Without the current trails, she might question how residents might get to the park. She would like to see the trail along W'atertown Road. 12 MINIITES OF THE REGULAR ORONO CITT' COUNCIL MEETING HELD ON AUGUST 12,19*>6 (#12 - Dickey Properly Internal Trails - Continued) Callahan noted that he has used the term "bituminous trails" rather lightly noting the difference of opinion on trail surface between the Park Commission and the Staff He also noted that the internal trails were not the idea of the Council but that of the developer who thought they would be an amenity to everyone. Gene Hite said he has lived in the neighborhood for 11 years He said he was aware of the trails being platted and the suggestion of the trails being an amenity to the residents when the developer brought the plans to the Countryside neighbors These neighbors were surprised and questioned Eiden regarding the trails Hite said he understood why Eiden stopped promoting the trails and is surprised the Council feels they have to go ahead with the trails. He suggested the Council rethink their decision He added that 9 of the 11 homes in their neighborhood were present at the meeting mentioned and all were against the internal trails Kelley asked if it was an amenity to the subdivision with access to the Luce Line. Gene Hite said no. Jabbour reiterated that the concept of the trails were developer driven and said he was dumbfounded that it has become a problem. He questioned why it was not disclosed. He asked the homeowners to ask Eiden, who was present at this meeting. Eiden did not comment. Callahan said the issue of whether the trails should be eliminated from the plat should be rescheduled on the agenda for an upcoming meeting He asked that the homeowners notify Staff if they would like notification beyond the normal official notice. Goetten said she believes the concerns are well founded but misdirected towards the Council. She said the Council would be happy to discuss the issue but asked that the homeowners be aware of the historical background on what has taken place. Vitas said he was only informed of the trails 2 days ago. Callahan said the City was unaware that the homeowners did not know about the trails Dennison said he was encouraged that the approval of the trails was seen as an amenity. Mary Dennison added that she w as concerned with people coming off of the Luce Line noting her family consisting of four girls. (*#I3) APPOINTMENT OF ELECTION JUDGES - RESOLUTION #3752 Callahan moved. Kelley seconded, to approve Resolution #3752 appointing election judges for the September 10, 1996, primary’ election Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY' COUNCIL MEETING HELD ON AUGUST 12,1996 (•#14) 1997 ASSESSOR'S AGREEMENT Callahan moved, Kelley seconded, to renew the contract with Rolf Erickson Enterprises for city assessing services for the term September 1, 1996 through August 31, 1997 at a cost of $78,000. Vote Ayes 4, Nays 0 (•#15) ADDITIONAL REPORTING REQUIRED - CRYSTAL BAY CITY HALL SITE - MONITORING WELLS Callahan moved, Kelley seconded, to approve the proposal from Braun Intertec for two additional quarters of ground water sampling at a cost of $1,640.80 to be funded from the building outlay fund, and to amend the budget to reflect this expenditure Vote; Ayes 4, Nays 0. (#16) MCCULLEY ROAD PLAT PROPOSAL Moorse presented the Council with two options regarding subdivision of the McCullcy Road plat for which Council previously authorized expenditure for the survey, plat, and variance work for subdivision The property will be sold for revenue. The property is large but consists of mainly w etlands with approximately 3.1 acres of dry buildable land. Moorse said option 2 allows for the creation of a separate parcel that posably could be sold to the L>NR Moorse asked for direction from the Council as to what subdivision they would prefer. He noted that the creation of Outlot C did not necessarily require anything further be done with it. Jabbour said he felt the outlot needed to be created to off set land taken for sewer in the Stubbs Bay area. Callahan asked what the one buildable lot was worth. Moorse estimated the worth at about $120,000. Kelley suggested selling Outlot C and keeping the remainder of the land as he was not willing to give up lot 1 for only $ 120,000. C^lahan said it was a matter of platting the property at this time. Jabbour moved, Callahan seconded, to direct Staff to plot the property based on option 2 based on legal and appropriate naming of parcels. It was questioned whether that an outlot cannot be sold or transferred so determination with the County will be made whether outlot C would be called an outlot or a lot. Vote: Ayes 4, Nays 0. (#17) SELECT DATE FOR WORK SESSION The date for the work session will be set at a later time. CITY ATTORNEY'S REPORT City Attorney Barrett request 1 an Executive Session, i 1 m MINUTES OF THE REGULAR ORONO Cm' COUNCI I MEETING HELD ON AUGUST 12,1996 (*#1S) UCENSES Callahan moved, Kelley seconded, to approve the following license; V'ote: Ayes 4. Nays 0. One Day Liquor License: Smith CoUege Chib Minnetonka Center for the Arts 2240 North Shore Drive "Smith Day" September 7, 1996 (*#19) BILLS Callahan moved, Kelley seconded, to approve payment of the All Funds Account. Vote; Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 9;36 p.m Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. 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Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: ff2\50 Kent and Susan Swanson. 3229B Casco Circle - Variances - Resolution Zoning District: LR-IC Lot area = 33,801 s.f. Brief Review of Application Please refer to the enclosed staff memo dated July 11, 1996 for more detail and background on this review. Applicants have applied for multiple variances to permit construction of two small additions at the lake side of the residence, each totalling 27 s.f. in area. In exchange applicants propose the removal of an upper level deck at 103 ».f. resulting in an overall strucniral coverage reduction of 49 s.f. Structural coverage is proposed at 3,632 s.f. or 10.7% (15% is allowed). One of the additions involves construction of a single story main level bay addition which will be constructed within the envelope of an existing upper level deck. The bay addition will not extend any closer to the lake than the existing upper level deck. Although the bay addition will result in a reduction in structural coverage with the removal of the larger deck, there will be no reduction in hardcover as 76 s.f. of deck to be removed exists over 76 s.f. of walkway at grade level. The existing deck is located 58.5 ’ from shoreline and the proposed bay addition will be 65’ (refer to Exhibit F). The second improvement involves a kitchen expansion at the main level located outside of the 0- 75 ’ setback area. The addition will be constructed within the envelope of an upper level deck. The improvement will not increase structural coverage nor result in reductions in hardcover as hardcover improvements exist beneath the addition. Applicants have advised the Planning Commission that based on the Final cost of these improvements, they may choose to proceed with any one of the additions. The following variances have been recommended for approval by the Planmng Commission; Request for Council Action continued page 2 of 2 August 5, 1996 Zoning File #2150 1.Section 10.22, Subd. 1(A) - Lakeshore setback variance for single story main level bay addition. Allowed = 0 Existing = 58.5' (main level deck to be replaced by bay addition) Proposed = 65’ Variance = 10' or 13.3% (existing variance = 16.5' or 22%) 2.Section 10.22, Subd. 1(B) - Average lakeshore setbacks. Setbacks for both bay addition and kitchen addition. Bay addition will encroach average setback line by 46.5'. Kitchen addition will encroach by 33'. Principal structure is located 52’ in front of the average lakeshore setback line. 3.Section 10.22, Subd. 2 - Hardcover variances. A. 0-75' setback area = 17,537 s.f. Allowed = 0 Existing = 514 s.f. or 2.9% Proposed = 514 s.f. or 2.9% (no reduction in hardcover as 76 s.f. of upper level deck is installed over an existing walkway) B.75-250' setback area = 16,264 s.f. Allowed = 4,066 s.f. oi 25% Existing = 7,517 s.f. or 46.2% Proposed = 7,517 s.f. or 46.2% (27 s.f. of kitchen addition is located over existing hardcover improvements) No change in hardcover. Planning Commission recommendation Planning Commission recommended approval of the application as proposed (5 ayes, 1 nay. Chairman Peterson chose to vote against the application based on the proposed encroachment of the average lakeshore setback line but noted the improvements would appear to have no negative impact upon adjacent neighbors). The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the approval resolution. ^.1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A & B) AND 2 FILE #2150 WHEREAS, Kent E. Swanson and Susan S. Swanson (hereinafter "the applicants") are owners of the propert>’ located at 3229B Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1333, as filed with the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) to permit construction of a single story bay addition at 27 s.f at the lake side of the residence to be located 65' from the shoreline where the code w'ould require a 75' setback, a variance to Municipal Zoning Code Section 10.22, Subdivision. 1 (B). As a bay addition will encroach the average lakeshore setback by 46.5' and a kitchen addition will encroach the average lakeshore setback line by 33' where the code would allow no such encroachment and variances to Section 10.22, Subdivision 2 as the bay addition is located within the 0-75' setback area where hardcover exists at 514 s.f. or 2.9% and wiiere the code would allow 0%, the kitchen addition is located within the 75-250' setback area where hardcover exists at 7,517 s.f or 46.2% and is proposed at 7,517 s.f or 46.2% and where the code would allow 25%. Miimesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2150. 2.The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or .5 acres per residential unit. The property consists of 33,801 s.f or .77 acres. Page 1 of 5 3.The Orono Planning Commission reviewed this application on July 15, 1996, and recommended approval of the variances as proposed based upon the following unique findings and hardships: A. B. C. D. E. F. G. H. I. The property exceeds the area and lot width requirements of the LR-IC Lakeshore Residential Zoning District. The residence was constructed on the property prior to the 75’ lakeshore setback requirement. The existing house met the original 50’ lakeshore setback although the majority of the structure is located out of the 0-75' setback area. The pie shape of the lot places severe restrictions on the legal building envelope. Over 50% of the lot area is located within the 0-75’ setback area. 3,500 s.f. of hardcover wthin the 75-250’ setback area consists of shared drive that serves 3229A and 3229C Casco Circle. There will be no visual impact on the lake views of the adjacent residences as the two additions are located on the main level and at the lake side of residence. Adjacent homes are located on a curved peninsula with view windows facing out to lake and away from applicants residence. The bay addition will encroach the average lakeshore setback by 46.5' and the kitchen addition by 33’. The existing residence is located 52’ beyond the average lakeshore setback. The bay addition will be located 65’ from the shoreline and will replace a deck located 58.5’ from the shoreline. The proposed additions each at 27 s.f. will be single story and will be placed over existing hardcover improvements. Page 2 of 5 4. 5. J.There will be a 49 s.f. reduction in structural coverage. Structural coverage is at 10.9% and is proposed at 10.7% where the code would allow 15%. K.Staff has received no negative comments from the adjacent neighbors who have been notified of the proposed improvements. 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 wx>uld not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (A & B) and 2 to permit the construction of two 27 s.f additions at the lake side of the residence and grants a lakeshore setback variance of 10' or 13.3%, hardcover variances within the 0-75' setback area of 2.9% and in the 75-250' setback area, 3,451 s.f or 21.2% and encroachments of the average lakeshore setback line, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 26, 1997). Page 3 of 5 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 26th day of August, 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 26th day of August, 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 Page 4 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public r Page 5 of 5 ............r-w*in -e w o TO: FROM DATE: Chair Peterson and Orono Planning Commission Members Ron NIoorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator July 11. 1996 SUBJECT: #2150 Kent and Susan Swanson, 3229B Casco Circle - Variances Public Hearing Zoning District: LR-IC Lot area = 33,801 s.f. Application: Applicants proposed two small additions to the lake side of the residence each totalling 27 s.f. One addition will be located within the 0-75' setback and the other within the 75- 250' setback area. Improvements involve a lakeshore setback, average lakeshore setback and hardcover variances. The following ordinances are pertinent for this review: 1. 2. 3. 4. Section 10.03, Subd. 14(C) - Review of structural coverage. Total area = 33,801 s.f Allowed = 5,070 s.f or 15% Existing = 3,681 s.f or 10.9% Proposed = 3,632 s.f or 10.7% (Removal of 103 s.f of upper level deck and the addition of 54 s.f of principal structure additions) Structural coverage reduction of 49 s.f or 0.2%. Section 10.22, Subd. 1(A) - Lakeshore setback variance for single story main level bay addition. Allowed = 0 Existing = 58.5' (Existing upper level deck to be replaced by Bay addition, refer to Exhibit F) Proposed = 65' Variance = 10' or 13.3% (Existing variance = 16.5' or 22%) Section 10.22, Subd. 1(B) - Average lakeshore setback variance for dining addition that will encroach 46.5' in front of the average lakeshore setback line. The kitchen addition will encroach 33' in front of the average lakeshore setback line. Section 10.22, Subd. 2 - Hardcover variances. A. 0-75' setback area = 17,537 s.f Allowed = 0 E.xisting = 514 s.f or 2.9% Zoning File #2150 July 11,1996 Page 2 Proposed = 514 s.f. or 2.9% (No reduction of hardcover reflected as 76 s.f. of deck to be removed is installed over an existing 76 s.f. ^\•alkway) B. 75-250’ setback area = 16,264 s.f. Allowed = 4,066 s.f or 25% Existing = 7,517 s.f or 46.2% Proposed = 7,517 s.f or 46.2% (27 s.f of upper level deck to be replaced by 27 s.f of kitchen addition) No change in hardcover. List of Exhibits A - Application B - Plat Map C - Property OvMiers List D - Applicants Addendum E - Hardship Statement F - Survey/Average Lakeshore Setback Gl-4 - Hardcover Inventoiy H - Kitchen AdditionTloor Plan 1 - Dining Bay Addition Floor Plan J - Elevation Bay Addition K - Resolution #3282 Approved 5/10/93 L - Resolution #1357 Approved 1/25/82 Description of Request Please review E.xhibit D, applicants' extended family creates new space needs within their 25 year old residence. In early discussions with applicants, it was planned to present both improvements as options but in later discussions it was decided that they w'ould ask for both additions allowing them greater flexibility in planning a final construction plan. The house was constructed 25 years ago prior to current Shoreland standards. The legal setback was 50'. Review Exhibit F, the majority of the residence is located within the 75-250' setback area. It is also true the majority of the residence is located in front of an average lakeshore setback because of the location of the house on the peninsula. Review previous resolutions (Exhibits K and L) approval for this property in 1982 and 1993. The applicants cannot expand or alter the building envelope that encroaches the average lakeshore setback line or where excesses of hardcover exist without variance approvals. Zoning File #2150 July 11, 1996 Page 3 The bay addition will result in a 49 s.f. reduction in structural coverage although not in a hardcover reduction as the 3' wide deck is located over an existing 3’ walkway. The existing deck is located 58.5' from the shoreline. The proposed single story bay addition will be located 65' from the shoreline. The 27 s.f. kitchen expansion addition will replace an upper level deck. The upper level deck is included w ithin structural coverage im entory and will not result in a reduction of structural coverage nor will there be a change in hardcover as hardcover improvements exist beneath the proposed deck or addition. The proposed additions will have no visual impact upon the lake view s of the adjacent residents. Statement of Hardship Please refer to Exhibits B. K and L, the hardships are best summarized on Page 2 of Resolution #3282, Exhibit K. Issues for Consideration 1. The improvements will result in a structural coverage decrease of 49 s.f. Should applicants be asked to consider additional hardcover removals? Note 3,500 s.f of the hardcover within the 75-250' setback area is shared drive that ser\es 3229A and C Casco Circle. 2. Other issues raised by Planning Commission members. Options of Action To deny, approve as proposed or appro\ e as amended. Application ft Date Received Amount Paid ? / • > - jixe ■ / o 6/«a//y^ CITY OF ORONO - VARLAiNCE APPLICATION Initial Application Fee S220.00 (S50.00 per each additional variance) . Renewal Variance Fee SI20.00 (no change from original application) Variance for non-conforming structures $220.00“ After-the-Fact Fees (Double application fee) P 7It'J.“I PROPERTY INFORNUTION Site Address t2> Property Identification Number fP.I.D.) -'z-3 poo*^ Attach legal description to application if not included on required survey. Date Property' Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ___^other (specify). Zoning District: - i ________________________ applicant Name Mifch-tT* ^ sosAt-d ______ Address: 'h'2J2J*i ^ <ug-_____ Cit>’: Phone (home) A"11 -~T i <oc:> Phone (work)____________ Zip:_5iL^5_L_ O-WNEir^if different than applicant) Name KAiz-t^ r>ife.$5g.-T Address: >*?~7 -h\<-cf S'T. Phone (home) ■4'!^ - <» t>z.% _____ Phone (work) An - i fo Cit\’: _____Zip: 1.v DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: is to p> kI ~TV*i^ fe->ei S~Ti C? ^ (attach additional sheets if neces«*>T) variances REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify*) 1 % 4 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: g»ofe-. ^ is 'VO ^ ~rv^^ piK.itr-4L? VIA w^i inic?o ^a ^ /*rhN»o >1^ cag=^<-. TMg- c>(g-rio>~>J is to to Ol h-J 1 f“XCs3 CKftS:^ >gq>< l S T1 H<=> 4 rfeyl ) $*~Tt >—tL? . (attach additional sheets if necessary) « REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: 1. 2. 4. 5. 6. 7. 8. Completed Application Form Certif.ed Property Owners List of o^^■ners uithin 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govi Center,cj48-327LX^ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/i" .x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy ZV2’ x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred^ in review of this application, and certifies that the information supplied id true ani Applicant’s Signature iorrectlt^Tthe^st of his/her knowledge. SiiUiM Date L> j jill A , OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authonzes reasonable entry onto the property by Cit>^^stafL_consultants, agents. Commission members, and Council ancT verification of this request.members for purposes of idvSstigatil Owner’s Signature Date Applicant must have all submittals into ihe City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 I ' A-.-'V,t-oi » i, *o>*^ va* 'yi -• ^./2 '-' . .1 .J \::\kf:zh'\ A5p::AV\-^t \ \ ... \.:j\‘^\j \w-oi \ \ v^x ‘ \ >'\ N A Vr'V '^5. \' '^ \ ^yV .^..\''\ V'" \A''\j/ ' 2o-m-23-^-} ' \ V W/ f • 4- It h j RUN DATE OA/El/nBATCH 502 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PIA354Q1 PAGE %PROP AOOR OHNER NAME TAXPAYER NAI1E/A00RPROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP ADOR ONNER NAME TAXPAYER NAME/ADDR S8 20-117-23 43 0002 03229 CASCO CIR 0 P PARUPSKY I J A CARLSON DAVID PARUPSKY 3229 CASCO CIR HAYZATA m 5539138 20-117-23 43 000500038 ADDRESS UNASSIGNED MARY SUSAN SNANSON MARY SUSAN ^ONSON 3229 CASCO CIR HAYZATA m 55391 58 20-117-23 43 0017 00038 ADDRESS UNASSIGNEO D C PLAIN t P L PLAIN 0 CHARLES PLA 5227 CASCO CIR HAYZATA MN 55391 38 20-117-23 43 000303229 CASCO CIR MARY SUSAN SHANSON MARY SUSAN SHANSON 3229 CASCO CIR HAYZATA MN 5539138 20-117-23 43 001503233 CASCO CIR 0 M SPILSETN A P 0 SPILSETH DAVID M SPILSETH 3233 CASCO CIRCLE HAYZATA MN 55391 38 20-117-23 43 0018 C32c7 CASCO CIR 0 C PLAIN I P L PLAIN 0 CHARLES PLAIN 3227 CASCO CIR HAYZATA MN 553^ 58 20-117-23 43 000403229 CASCO CIR G R TRIPP I S K TRIPP GREGORY R A SHARON K TRIPP 3229 CASCO CIR HAYZATA MN 5539138 20-117-23 43 001603231 CASCO CIR J E COOPER A J E COOPER J E COOPER A J E COOPER 3231 CASCO CIR HAYZATA MN 55391 TOTAL BATCH 502 00008 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 TAXAHJ3N» TO THE BEST OF MY KNOHLEDGE AND BELIEF. CT} ^ DATE ^ "2 % BY * ■' \ ( 3229-B Casco Circle Wayzata, MN 55391 Ms. Jeanne Mabusth Orono Planning Commission City of Orono P.O. box 66 Crystal Bay. MN 55323 Dear Jeanne. Once again we Swansons are contemplating a remodeling project. “Once again." because we have found that over our 25-years in this house, the way we use and live in it changes - and where our friends and neighbors decide to move at those points in their lives, we remain committed to spending our whole lives in this one home. Our 25-year old appliances are beginning to die, and our kitchen is showing its age. We are faced with the opportunity to better those things about the cooking and dining areas of our home which need improvement We have decided not to simply put new appliances in the old spaces. As you know, we have begun the planning with our architect, Mr. Mark Nesset. Mark informs us that you need to know which of the alternatives we are working with we intend to use. Designs “X" and “Y” require modification to the exterior of the house on Its north side; the “Dine-Bridge" des'gn requires modification to the exterior of the house on its east side at the southern end of the house. We have not yet decided which design to pursue based on two factors; cost and city permission. We do not wish to unnecessarily develop two costly sets of plans. We would be comfortable with the Commission’s acceptance of “If “X“ or Y’ then not “bridge’," or; “If ‘bridge’ then not ‘X’ or ’Y’." Or, perhaps the Planning Commission will accept both alternatives. Our starting point is the Orono planning commission. We have found this to be a valuable and important protocol in the past, and I think we have developed a nice working relationship. It is worth noting here. I believe, that when we built our house in 1971, the lake side set-back was 50-feet and our building was carefully in compliance. One of the present alternatives, the "dining bridge." will actually remove decking which is considered “hard cover" within the now 75-foot set-back zone. Additionally, since the “X" and “Y" alternatives would extend between present deck and roof overhangs, none of the alternatives that the Commission is considering will add to the total hard-cover. Thank you for your consideration and your help. We look forward to working with you again. j Kent and Suzy^Swanson 4’ HARDSHIP/ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS (cont) As can be seen on the survey, much of this property is included in the 0-75* setback which has caused the owner to request minor variances in the past. The variances were requested in order to update the property and the last area of the residence to be updated is in the design stage at present. Only one of the options would be implemented The dining room addition would result in an overall decrease in hardcover and the design **Y*’ would keep the hardcover the same by turning deck,under an overhang, into kitchen dining area No new foundation would be built in either case. This request is certainly caused by the unique features of this property and is a logical conclusion to the projects allowed by previous variances. Furthermore, in the dining addition scheme, we are requesting a change which allows the property to more closely meet the code and in design it would not change compliance. / / 7 1 M • •> t a • 5.qsJ< *v\ •<<<•>•••*« O -* f?; 3 n •« »♦•< ?5 513, ,, S X 5 ■ *• * ifI iM'lil e. J »ti at • <j u m m - u .r*'< 0 H • ? < ^»^ *-?? •*" “5ii iii I = * k 2 ^ UriK ;j5s^s‘iijr__- 5^5?• r I •1 *’ M !?:-r ^ Ik! 3 - :r •4 i] 2« ‘ i ; 5 i ! 4 ^ J -I B M O I N— mm !'>< ♦ MAlUICliYfe;RjUA^Ul^liUN WURKSHEET SETBACK ZONK: (CUCLIONE) /^VtO ’S-MO* 2SS-SQ0*J90-1 HAMDCQVPI IN ZONE A. House A S to L««ii VkM) X X X B. Osra|e C. Drivewiy s X D. SKlewslk X X 4^ E. Pttio/Deck X X P Laodscepe _ Underlain _ By Plastic _ Or F^ric X X X 12. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A__________- B . 5i4 X 100 PROPOSED HARDCOVER IN ZONE A. House__________ (P|iOlr4C3 At^tPlTlOi^ Lanfit Witfih X X X B. Garaie C. Driveway X X D. Sidewalk X X A'^l E. Patio/Deck X X F. LandKape Underlain By Plastic Or Fabric X X X ^*5 * G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ + B , 4 fexg 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. 2 ____% 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 - __S.F. __S.F. ^.-7 % • A B A B Poff- \-r\<Dh-kHAKlICUTKltjLALCULA'I'lUN WORKSHEET SETBACK ZONE: <CmCUEONE) G «, 7S.2M*2SS-j 500-t A. Hovw %^(t9 Lfi«* i. Oanfc C. Drivewiy D. Sidewalk E. Pauo/Deck P. Landacape Underlaio By Plastic Or Fabric 4^ '7fcr 22l G. Odter TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ___ B , 5\A X 100 iT43 a PROPOSED HARDCOVER IN ZONE A. House_________X Lenftfi WiMi B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Frtiric I C. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ B ^X 100 S.F S.F S.F SF S.F. S.F. S F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. __S.F. ___S.F. 2.4___% S.F S.F S.F S.F S.F S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B a M APig>»'TiOM HARDCOVER CALCULATION WORKSHEET /* SETBACK ZONE: (CIRCLE ONE) <L75*2S0-500’500-11 RYISTINC hardcover IN ZONE A. House ___________ Length Wi«h X X X B. C. Garxge (Mucie) Driveway CPecit) X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other CA.C-. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ + B _ _ X 100 II _ |i PROPOSED HARDCOVFR IN ZONE f-iPP- Ag>t?lTtC3hJ A. House ______________ X ______________ Length Width X X X B. Garage CtActc) C. Driveway Clkxa&j X X D. Sidewalk X X E. Patio/Deck X X F. Laodsc^ Underlain By Plastic X X X CMrr. Wftu-) G. Other _ CA.6. SIA0) TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______________ + ® -------X 100 - S.F. S.F. S.F. S.F. S.F. 2.902- I I €>2- S.F. S.F. 9* 14 S.F. S.F. IS I S.F. S.F. S.F. S.F. S.F. 92-S.F. I e> 7^51 1 4b.2- • F. S.F. % S.F. S.F. S.F. S.F. S.F. VJLEL2 S.F. S.F. S.F. S.F. 724 S.F. S.F. S.F. S.F. S.F. S.F. 1% T^n ■tie»TAd: S.F. S.F. % A B i A<PCPl-nO«^ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE) 0-75’ 250-500’ EXISTING HARDCOVER IN ZONE A. House _______________ Lagtii 500-11 2. <4^ C> WidUi B. Garage C. Driveway Cfocet) D. Sidewalk E. Patio/Deck X X X X __________________ ________________ X _____________ X _________________ ___________________________ X __________________ ________________ X ___________ ____"nzmiizizz * ________ F. Landscape______________a ____________________ Underlain ______________ a ______________ By Plastic_______________a____________________ l^4sr.\f4»u:\ O, Other ______________ * ______________ CA.6.. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B A 100 PROPOSED HAWnCOVER IN ZONE A. House______________A ------------------------------- 3. I I S' 1-4 15 1 SX- I t> •7,SI -7 4-b.X Lenfth Width B. Garage C. Driveway D. Sidewalk E. Paiio/Deck F. Landscape Underlain By Plasdc G. Other X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. • c S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B tl ii • • / < A vTJ'* **• V*Zi^ • V.?n^ .4, ‘ J , IT :«.5?*^«;ii-^-:>>-Va'sf'- sfi-------"■■ Ajiiag N i-*%OxK \\ ^ KHT'1 0 1 i--a 1 4-j i 1 A 1 <• riTi - 3i5 > 4^ •I ' . • -A **** *1ri< • •• <• X \ •/v (\ : ’^7 i \ .' •' ■•V.» • / -\ •\ 1 • • *• /• • i V- * • / • j \ f T* • . ------------------------------------—■•—■ » . » _____^Vy*.• • ••i iTHE •*. PRECEDING DOCUMENTS) VE BEEN REFILMED FOR LEGIBILITY .., . A-*** »!•' I 5 I rui—t r *L \ 5 Zr ! >ni1 ^ *• 0 0 Q 5 ^5 *3 0 1 X. II G n \n 0 SWAM^OH i } < CITY of ORONO RESOLLTION OF THE CITi’ COUNCIL NO. ♦ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONTSG CODE SECTIONS 10.22, SUBDIVISION 1 (B) AND 10.22, SUBDIVISION 2 FILE #1816 \MIEREAS, Kent E. Swanson and Susan S. Swanson (hereinafter the applicants-) are owners of the property located at 3229B Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey No. 1333. as f.led with the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the propetty ’ ); and WHEREAS, the applicants have applied to the City for variances to Zoning Code Sections 10.22, Subdivision 1 (B) to permit the construction of a 6 A xl2 cn^ addition to the street side of the residence and a 24’ x 24’ second story attached garage and a 5 ’ x 3’ landing and spiral staircase at the lakeside of the -sidence. PortiL of Lhfs constniction shall be located in ftont of the average lakeshore no such encroachment is allowed and pet Section 10 22. Subdivtsion 2_ Appl “nts seek t22'ff“m"whem au’oweTa"; Ts'lTS s'etback a'rea hardcover e^r at^'su sX o^:6.2V:a:"is^ 7.517 s.f. or 46.2% where only 4.066 s f. or 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1816. Pase 1 of 5 r«^soes CITY of ORONO RESOLUTION OF THE Cm' COLTS’CIL # *> NO. •' _______ • 3. 4. The property is located in the LR-IC Zoning District requiring a acre or 21,780 s.f. per residential unit. The propcrt>' consists of 33,801 s.f. or .77 acres. The Planning Commission reviewed this application on April 19, ^93 and recommended approval of the proposed variances based upon the followmg findings and hardships: A. The property meets the area and lot width standards of the LR-IC Zoning District. B.The existing house was placed on the properr>' prior to the 75 ’ lakeshore setback requirement; the existing house met the original 50 lakeshore setback standards at the time the home was constructed. C. D. The pie shaped lot has placed severe restrictions on the building envelope. Over 50% of the lot area is located witliin the 0-75 ’ setback area. E. 3,500 s.f. of the hardcover within the 75-250 ’ setback consists of a shared drive that serves 3229 A and 3229C, Casco Circle. F. G.staff has received no negative comments from the adjacent neighbors who have been notified of the proposed improvement. The Citv Council has considered this application includmg the fmdmgs and recommendations of the Pianning Commission, repom by City smff, by the applicants and the effect of the proposed variance on the health, safety ana welfare of the corrununity. Page 2 of 5 Oni> CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 The City Council finds that the conditions existing on this propertv' are peculiar to it and do not apply generally to other property in this zoning district; that eranting the variance would not adversely affect traffic condiuons, light, air nor pose a fire hazard or other danger to neighboring property; would not merely sen-e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary' to preserve a substannal property- right of the applicants; and would be in keeping with the spint and mtent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings. the Orono Ciy Council hereby eranis variances to Municipal Zoning Code Sections 10.22. Subdivisions 1 (B) and - to permit fhe construction of a two story entry addition, a second stoo' den addition and the installation of a 5' x 3’ landing and spiral staircase at the lakeside of the residence, subject to the following conditions: Authorities granted bv this variance run with the property not with Ae aPP^*can“’ but are permissive only and must be exercised by application for ^ buildm permit within one year of the date of Council approval, or this variance will expire on that date (May 10, 1994). Violation of or non-compliance with any of the terms and conditions of to resolution shall constitute a violation of the zoning cto shall terminate any authority granted herein, and shall be pumshable as a mi demeanor. The undersizned applicants have read, understood and hereby agree ^this resolution and on behalf of themselves, their hereby agree to the recording of this resolution m the cham of title of the property. 1. 2. 3. Page 3 of 5 o. o\\CITY of ORONO RESOLLTION OF THE CITY COUNCIL NO.O Adopted by the Orono City Council on this 10th day of May, 1993 Property dwner(s/— Edward LC^han. Mayor/ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10* 1993. by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City ^‘^th^^ Orono. a Minnesota municipal corporation and said instrument was executed co behalf City. CAROLE A. HASEMAN lOTAffr njauc-uiMCsoTA HENNEPIN COUNTY KY OOUM8SCN EXFlIVS »«MS I^tary Public i My Commission Expires Page 4 of 5 fraim CITY of ORONO imm RESOLUTION OF TOE Cm* COUNCIL NO. _______________ .^>'1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNTPIN ) On this / r)'^' day of , 199.^ before me a Notary Public wlrhinand for said county, personally appeared 7?; -rP^lic ^Mt^a^ ^ ^ ^ JO jjje to be the person(s) described m and who executed acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA MOTARY PU6UOM1NNESOTA HeNNB*IN COUNTY My Comm. Eipims 12-19-97 o NOTi^^Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENT^PIN ) On this day of , 199 before me a Notar>’ fMblic withm and for said county. p.„on(s) described in and who exe^e-d the foregoing instniment. andicknowledged that he (they) executed the same as his (their) tee act and deed. NOTARY PUBUC Page 5 of 5 H ® p Btffl city of / resolution of the city council NO. 1357 1 AT 3229-B CASCO CIRCLE organized and e.xisting uidL^the^laSs^of^th^S-a^ror^^Ui tne b^ate of Minnesota; and seq. the City''Suncil‘of^the''citv^of for the protection of the PubUo'^health?"L?«v“f?r'®i:°;,"LfS?“^^'=i°'}=the public health, safety anrqe„„"i"„%I|I“if-S Zoning Code^^Kent'sSanson"has°applied"for'*' 34.202 of the Orono hardcover standards for lakeshore^i^^„^ f- setback and his existing residence on a propert^ leaatf® stidition to and ®3’ NO. 1333, hereinafter referred to as the property: and City staf?rw;itt^™'^:L°of ^^L^n^iaSgp CommissionC'-mments of the applicant and thf» neighbors, written and oral hereby makes the following find^ng^of^fac?: ^ architect, the City Council perresLen?LPlot^®'‘ * "inimu.-n"of Ion“g®distric“"" standards of the LR-lc 3) Theto placed on the property orior exis^in^hoi^"^:-:^: VulT^11 the original 50* lakeshoresetback standards. IIIti ovi? one-illl o1 ;^;“?o\%^ia-;-’u-^i?d^^Si- ISterior“esign oJMj^ho °" a'’® «hd the Kent Swan?,on Page 2 City of OROINO ^ . - e*" RESOLUTION OF THE CITY COUNCIL 1357NO. -:OLv^ 3,500 sf of the 7,167.5 sf of existing hardcover on the property is the shared driv'eway for abutting properties. 7) The neighbors on the abutting properties have written to the City affirning their approval of the proposed i.Tiproveir.ents by the applicant finding there would be no detrimental effects to their property. 8) Council approved the following improvements on the property; a) A 472 sf lakeside addition requiring a structural setback encroachment into lakeshore setback area of 2.5' finding the integrity of the interior design would be maintained and a decrease in the impact on the 0-75' protected area by removing 23 sf of hardcover with the removal of the brick patio. b) The roofing and screen siding of the existing 9.8' X 16.1' deck finding no further structural encroachment into the lakeshore setback area and no additional hardcover because of the existing patio area under the subject deck. c) A 3' .X 20' second story walkv/ay along the lakeside of the house finding the lakeshore setback encroachment to be only .5' because of the existing 2.5' overhang and no increase in the hardcover because of the existing 3' walkway under the proposed walkway. d) A 400 sf patio area within the 75' - 250' setback area finding this would replace the patio area within the 0-75' setback area in addition to the applicant being advised to employ environmental selection in the design of the patio. 9) The special conditions applying to the structure or land in question are peculiar to such property or immediately surrounding property and 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 x-;ill not in any way impair t.he public health, safety, comfort, morals or general welfare. Kent i>vvanson ■Page 3 h V . . City of ORONO ■ V i. 'm RESOLUTION OF THE CITY COUNCIL NO. _______1357 12) The granting of the proposed variance will not be contrary to the intent of the Comprehensive Land Use Plan or the Zoning Code. 13) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrated hardships or difficulties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the lakeshore setback and hardcover variance application of Kent Swanson to permit the construction of a lakeside addition and the additional improvements noted above based on one or more of the foregoing findings and subject to the following conditions; The non conforming 9.8’ x 16.1' deck located within the 0-75' setback area may never be enclosed as part of the principal structure but is to rem.ain as approved by Council in this resclution a screened deck with roof..» The building permit written to cover all proposed improvements must include the lemov'al of the 6' X 9' roofed deck and the removal of the bricked patio area within the 0-75' setback area. This variance application v;ill expire on January 25, 1983, if a building permit for the proposed improve­ ments on the property has not been issued. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held January 25_ _ _ _ _ _ _» 1982. yrr) r i Van 1v;iiriam B. Van Nest, Mayor ATTEST: Ac Alberta M. Strom, City Clerk % REQUEST FOR COUNCIL ACTION DATE: August 22,19^ ITEM NO.: Department Approval: Name Michael P. GafTron Title 'sst. Planning &. Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2156 Michael and Theresa Eastman/Lakeview Golf Course, 4520 West Branch Road'405 North Arm Drive - Subdivision of a Lot Line Rearrangement - Resolution Zoning District: RR-IB, Single Family Rural Residential, 2 acre, unsewered. Application: Lot line rearrangement to allow 7,800 s.f portion of Lakeview Golf Course to be purchased by Mr. and Mrs. Eastman, to accommodate the Eastmans' proposed garage addition and maintain required 50 rear setback. List of Exhibits A - Resolution B - Survey C - Notice of Planning Commission Action 8/22/96 D - Memo and Exhibits of 8/15/96 Dbcussion Please review the memo and exhibits of August 15th. Briefly, applicants propose to acquire 7,800 s.f. of the Lakeview Golf Course property, bringing their lot area to approximately 1.22 acres. The lot line rearrangement will accommodate an attached garage addition to the rear of the existing house, and maintaining the required 50’ setback to the rear property line Staff has confirmed that there is no need for drainage easements, and no drainage easements need to be vacated. The proposed metes and bounds lot line rearrangement appears to meet all City requirements and brings the Eastmans' property closer into conformity with the 2 acre standard. Staff Recommendation Staff recomme ids approval per the attached resolution, COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution. Proposed Motion: Moved by _________ #_______, granting a subdivision of a lot line rearrangement for Michael and Theresa Eastman of 4520 West Branch Road and Lakeview Golf Course, 405 North Arm Drive. Vote: ______ayes. , seconded by , to adopt Resolution nays. : i 4• • A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 405 NORTH ARM DRIVE A >D 4520 WTST BRANCH ROAD FILE NO. 2156 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and W'HEREAS, the City Council of the City of Crono (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 Michael Eastiran and Theresa Eastman anu Lakevicw Golf Course (hereinafter "the subdividers") of properties legally described as follows: The east 150 feet of the west 550 feet of the south 303 feet of the Southeast Quarter of the Southwest Quarter of Section 6, Township 117 North, Range 23 West of the Fifth Principal Meridian. And: The Southeast Quarter of the Southwest Quarter of Section 6, Township 117 North, Range 23 West of the Fifth Principal Meridian. EXCEPT the west 405 feet of the south 203 feet thereof. ALSO EXCEPT the east 150 feet of the west 550 feet of the south 303 feet. All of the above property located in 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 of the common boundary betw een the two noted parcels. Page 1 of 3 .. . 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 Michael Eastman and Theresa Eastman and Lakeview Golf Course as shown on the Certificate of Survey by Mark S. Gronberg, dated July 11, 1996, revised August 23, 1996 and attached to this resolution, subject to the following conditions: 4 1.Applicants shall complete conveyance of the residual parcel from one owner to the other in a manner acceptable to the City Attorney. 2.Applicants shall pr ?vide a title opinion of both parcels confirming ownership and encumbrances. 3. 4. Upon City Council approval of this subdivision, the Eastmans must legally combine for tax purposes their existing parcel and the newly created parcel per the proposed legal descriptions in the above noted survey. Applicants shall sign the above noted survey where indicated, and shall provide a 1" = 200' copy to the City. 5. 6. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with Hennepin County Recorder ’s Office on or before February 26, 1997 together with a certified original copy of this resolution. 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. AITEST Adopted by the City Council of Orono, Minnesota this 26th day August, 1996. Dorothy M. Hallin, City Cierk Edward J. Callahan, Jr., Mayor Page 2 of 3 LtIMVtRI LOT LINE REARRNQEMENT FOR MICHAEL & THERESA EASTMAN AND LA^ IN THE SW i/4 OF SEC.'6-ii7-23 HENNEPIN COUNTY, MINNESOTA )C|s b Stf*l5«'£r »339 n ^4MC€l 38,9 f t ^ «« N99^iri9W ♦ 40aif ? S I istf fM v; tf»*v . r# c»*f i^rrfs AHn¥ftm0 r» €0t*M400 795 24 Naa*i7 i6'v f4S 31 ____jpao? i*4 * ^./ /Mi*r>r.rr .A* j.. ✓ T 4- w Um4 #f ff y* f«« i-M» 21 :s b y» ....... 1 £ A IT04 JIM/ £a A CfL A 94 f Jf /r^f •• •« Na« 17 16" U/15007 » ^9Sf Branch Koad (CaUdNkls) t u.._ J ) cxisT»^c ircAi prscRtPTiOK^ •pefgj 1 r<sa Sc *i« lAST l^a N r Prir^ipo^Meridiw* Sccl.or 6. .oi^rship H7 North. Ro^<;c 2J West of the 5th iAKfyif»’ colf roiiP^r _^he Sou'hrosl OuoMe< ol 'he South.esr OuoMe' o* Secl.o'- 6. To««»hip tl7 MoMh S££fTi i?, r,v^;;n^’ PROPOSHD LEGAL DESCRIPTIONS fTO BE APPROVED BYTOf^RENS OFFICE) parcel to be CX)NVEyED FROM LAKFVlFWf TO EASTMAN TM part or the Nortf) 92 feat Of the Sooih 359 toet of th« SooiheMt Ojsitar or the ScA^hwaet Querter oT Sectior) 6. Ta^wmhip 117 North. Rer>g« 23 Wee! ol the 5lh Meridian, which Met between linee bearing North 41 degreea 07 minatea 97 aeoondt East from the noithweft and northeaat comen of the EaU 150 feat of ths Weal 550 Net of the SoiAh 303 ImI of laid Soulheael Quarter at the Souttwi«et Quaner. atauming the weet Ime ^ iMd EaM 150 Net beam North 0 degraee 04 mlnutet 25 taoondt Waet 2. NEW EASTMAN DESCRlPTlOh/ The Eeit 150 Net the Woet 550 Net of the South 303 Net of the Southaaet Quertef oT the SoUhwaet Querter. end thrt pert of the North 52 Net oT the South 355 Net of aaid Soidheeat Querter of the Southweet Quarter which Ilea between Unee bearing North 41 oagreaa 07 rrenuat 37 taoonda Eaet from tha northweat and northaaat oomart or said EastlSO Nat. aaaummg tha west Ina or aald East 150 Net baari North 0 dagraea 04 mintAat 29 aaoondt Weat. an m Section 9. Townehip 117 North, Range 23 Waat of the 9th Principal Markfraa 3. NEW LAKEVIEW DESCRIPTION ThaSouthaartOuartar or the Soulhwatl Quarter of Section 6. Townehip 117 North. Renge 23Weetorihe5mPr1napelMendian. EXCEPT the WeH 400 Net of the South 203 thereef. ALSO EXCEPT the Eaat 150 Net or the Wait 550 Nd or tt« Soufri 303 Net thereof; ALSO EXCEPT that pert oftht North-62 Nal of the South 359 Net of aaid SoiAhaait (Xnrter of the SouttDMBat Quartar which net bdwean Hnet beerlr^ North 41 cNgraea 07 mlnulea 37 aeoondt East from the rKvthwest and northeaat oomar of aaid Ead 150 fed. aaaumlng the weal line of aakf Eaet 150 fed beam North 0 degmea 04 minutes 25 seconds West r‘4^44 #> 04f0S 0* 0*0^4 04 rf 4^44 44 00 rH-SW.MI. n\ eWAWK |l\ Wl VISA IS (iNfl l»| *- lA G)/»/7 V Sft4f4tm40 In1 Coffin&Gronberg, Inc. " U wini .'^ 'J; / i.yt.Gyr. Li-m sm.,s r^ ^>2 l.tnLiMvk A vltuu- • liiiii; Likr. M\ I hifrht it rtil\ (lijt thi*' vurii-i »\ |‘'i |> iit-.f hi nw ih uOilrf tpi Jim | ^u(Vf vi^iiin AiuJ ih^f I Arn j Juti rr^ixii-n j ( u il | n^imvi jnJ I AnJ Sur\mir undrr Iht* U hx |«t flH* SlJli- lit MmiIK MlIJ M Ai 1 r*2DO* t»Af> IUR$E^07* V* /A>o*^ S k > • • ^ CITY OF ORONO P.O. Box 66Crystal Bay, MN 55323 473-7357 ZONING FILE #2156NOTICE OF PLANNING COMMISSIONACTIONDATE OF NOTICE: August 22. 1996TO: Michael & Theresa Eastman4520 West Branch Road Mound, MN 55364 COPIES TO:Grant Wenkstem Lakeview Golf of Mtka., Inc, 855 Red Oak Lane Mound, MN 55364TYPE OF APPLICATION: DATE OF MEETING: 8/19 96 Subdivision (Lot Line Rearrangement) VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Mark Gronberg is providing the necessary additional information on the survey, including: • Proposed legal descriptions • Signature lines for property owners. City Clerk and Mayor • 1" = 200'copy. Applicants’ next scheduled meeting is confirmed as: City Council Monday, August 26,1996; meeting starts at 7:00 p.m. ' n»\ Jiioi i!Sur\ry«tr uivlrr M Al i tun If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Plaiming Commission. V To:Chair Peterson and Orono Planning Commission Members Ron Moorse, Citv Administrator ^ 9 From: Date: Subject: Michael P. Gaffron, Assistant Planning & Zoning Administrator August 15, 1996 #2156 Michael and Theresa Eastman/Lakeview Golf Course, 4520 West Branch Road/405 North Arm Drive - Subdivision of a Lot Line Rearrangement (Registered Land Survey/Metes & Bounds) - Public Hearing Zoning District: RR-IB, Single Family Rural Residential, 2 Acre, Unsewered Application: Lot line rearrangement to allow 7,800 s.f. portion of Lakeview Golf Course to be purchased by Mr. and Mrs. Eastman, to accommodate the Eastmans' proposed garage addition and maintain required 50' rear setback. List of Exhibits A - Application B C D E F Letter of Request Plat Map Property Owners List Existing Eastman Property Survey Proposed Lot Line Rearrangement G * Topographic Map Summary of Request The Eastmans intend to construct an attached garage addition to the rear of the existing house, but found that their rear lot line is much closer than expected. They have reached an agreement with Lakeview Golf Course to purchase a 7,800 s.f portion of the golf course to the rear of the property, which will accommodate the proposed garage leaving a 50.9' rear setback. The Eastman property excluding West Branch Road right-of-way is approximately 1.04 acres. The additional land will increase their acreage to approximately 1.22 acres. The rearrangement as proposed has no impact on the existing golf course use, and is apparently angled to the east to minimize any future impacts on the golf course use. While topography slopes across the lot, there are no defined drainageways in the parcel to be conveyed. No drainage easements would be required Zoning File #2156 August 15. 19% Page 2 i RLS vs. Metes and Bounds Subdivbion Process The surveyor initially indicated that the Hennepin County Torrens Office would require this division to be a registered land survey consisting of Tract A (the golf course property) and Tract B (the Eastman property). However, staff is advised by the Eastmans attorney that the County will accept this as a metes and bounds division/lot line rearrangement. Staff Recommendation The proposed division appears to have no adverse impacts, and solves a problem for the Eastmans. Staff recommends approval. Options for Action 1. Recommend approval per staff recommendation, 2. Table for further information (specify). 3. Recommend denial (state reasons). 4.Other * , /1 ;V- O ^1 O'CIT\ OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATIONSite address Ic/esJ-_________________ Property Identification Number (PID) m ^3 3*^ nnnrt, Please check one - Property____abstractor X totrens? ~ Attach legal description to application. APPLICANT 0.4-Th.^>^.a /■ /Ta.s-t-------- lApplicadoo # ______tW. .4jiDate Received O ^Amount Paid <rg ^ A________________ _______Phone (home) Zip^34r/ Phone (work) S.sf/). i za-z OWNER (if different than applicant) Name Address Cit\' (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District Phone (home) _ Phone (work) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units X Other (specify) C olf 444^5 PROPOSAL Division for Tax Purooses .X, Lot Line Rearrangement Only (no new buiIdling sites) _________ Subdivision for New Building Sites Number of Building Sites / E.xisting Units O_____New Units / Total Units ♦ • ■ Proposed Gross Density Minimum Lot Size Proposed Use (check) Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify) ^_____ MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. a <n-i 4. Certified Property Owners List of owners within 350' Cvou must obtain this list from Hennepin County Department of Fmance A-603 Govt Center 348-3271). r- j r u- i ,• 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature ________________________________________------------------------------------------------------------- .MINIMUM MATERIAL REQUIRED FOR CO.MPLETE 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 Zoning Official’s Signamre_______________________________________ --------------------------—----------- TotalsI. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class L II & HI) S250.00 X Subdivision of a Lot Line Rearrangement S3 50.00 Subdivision Application (Class I & II) S350.00 ^ ’ Preliminary Subdivision Application S375.00 + S25.00/lot (Class III & all non-residential) ---------- ______ Final Plat Application (Class III) S200.00 ---------- _____ Legal Review and Filing; _____Subdivision only S75.00 - _____Subdivision w/easements and covenants min. S200.00 ---------- Park Fees (to be determined per Section 11.62) ----------- Lee.!.and Engineering Review Fees (as incurred) . x ---------- -------- Ren-.' --a! of Clas.^ I and 11 Subdivision Application S200.00 CNo change from original application) ---------- Rer.v vval of Class III, Preliminary Subdivision Application S200.00 (No change from original application) ---------- Renewal of Final Class 111 Subdivision Application S150.00 (No change from original application) — B. Special Improvement Fees: Proposed Private Roads S600.00 + S.50''lineal ft.;_____lin. ft. x .5^ -^5--------- —-------- Proposed Public Roads S900.00 + S.50/lincal ft.;_____lin. ft. x .50 = S--------- ---------- Request for City to Accept Existing Private Road S900.00 ---------- Proposed Sanitary Sewer Main Extension S250.00 + S25/stub ---------- Proposed Watermain Extension S250.00 + S25/stub ---------- Proposed Storm Sewer System (excl'*ding culverts) S200.00 ... ---------- On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S5u.00/per lot x_____new lots ---------- C. Flexible Application Fees/Misc. Fees _____ Variance S220.00 ($50.00 per each additional variance) ---------- Easement Vacation Associated with Subdivision S 100.00 PRD Application with Subdivision $30.00. Dwelling Unit The annlicant herebv agrees to provide all information required or requested by the Zoning Administrator, Cit>- Engineer, City Attorney, ”CoLn to process .h„ appUconoo aod fUrdrer agrees .0 pay all add,.,o„al fees esubhshed by DateOwner's Signature ^•^1. An ,t must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings h * M nn the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission ^d Council Iftn 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. 0 6 ADDENDUM WE WOULD LIKE TO PURCHASE 52* DEEP IN PROPERTY FORM LAKEVIEW GOLF COURSE, TO ADD TO OUR PROPERTY LOCATED AT 4520 W. BRANCH RD. OUR REASON FOR THIS REQUEST TO PURCHASE IS .. WE WOULD LIKE TO ADD A THREE CAR GARAGE ATTACHED TO OUR HOME. AND REMOVE THE ONE CAR GARAGE THAT IS CURRENTLY ATTACHED. WE HAD A SURVEY DONE IN AUGUST 1995 AND FOUND THAT THE PROPERTY WAS NOT AS DEEP AS WE WERE LEAD TO BELIEVE. WE CURRENTLY HAVE 27 NORTH OF THE CURRENT oARAGE AND WE NEED AN ADDITIONAL 52' IN ORDER TO BUILD THE BEST PLAN POSSIBLE DUE TO THE HILLY TERRAIN OF OLIR PROPERTY AND IN ORDER TO STAY WITH IN THE CITY 50' SET BACKS PLEASE FEEL FREE TO CONTACT TERRY IF YOU HAVE ANY QUESTIONS AT 591 3372 (WORK) OR 472-8734 (HOME). THANK YOU FOR CONSIDERING OUR REQUEST TERRY AND MIKE EASTMAN 07/12/96 * ;* •4 y*«n ORONO CITY COUNCIL, PLEASE PUT US ON YOUR AGENDA FOR THE AUGUST 26TH MEETING. WE WILL BE DOING A LOT LINE RE-ARRANGEMENT FOR OUR PROPERTY LOCATED AT 4520 W. BRANCH ROAD. THANK YOU, TERRY AND MIKE EASTMAN RUN DATE 06/27/96 HENNEPIN COUKfY PROPERTY INFORHATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PI6S5601 PAGE 16BATCH 506PROP AOOR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADOR PROP AOOR 0»f«R NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NA^/AODR 38 06-117-23 32 0002 00605 NORTH ARM OR LAKEVIEH GOLF OF MTKA INC LAKEVIEH GOLF OF MTKA INC 855 RED OAK LANE MOUND MN 55366 38 06-117-23 33 0007000S8 ADDRESS UNASSIGNED LAKEVIEH GOLF OF MTKA INC LAKEVIEH GOLF OF MTKA INC 855 RED OAK LANE MOUND m 55366 38 06-117-23 33 0008 06660 HEST BRANCH RD M L i J F SCHULTE MICHAEL L SCHULTE 6660 H BRANCH RD MOUND MN 55366 38 06-117-23 36 0001 06580 HEST BRANCH RD DONNA E HAGER DONNA E HAGER 6580 N BRANCH ROAD MOUND MN 55366 38 06-117-23 36 0002 00038 ADDRESS UNASSIGNED LAKEVIEH GOLF OF MINNETOTKA LAKEVIEH GOLF OF MINNETONKA 855 RED OAK LA MOUND MN 55366 38 06-117-23 36 0003 06520 HEST BRANCH RD M A EASTMAN t T C EASTMAN MICHAEL A/THERESA C EASTMAN 6520 HEST BRANCH RD HOUND MN 55366 ■1-. 38 07-117-23 21 0016 06505 HEST BRA^CH RD DAVID LEVY DAVID LEVY 6505 HEST BRAfKTH RD DRONO MN 55366-8277 38 07-117-23 21 0015 06655 HEST BRANCH RD JANE E KLINE JANE E KLINE 6655 HEST BRANCH RD MOUND MN 55366 33 07-117-23 22 0011 00038 ADDRESS UNASSIGNED RICHARD B HAHKINSON RICHARD B HAHKINSON 1575 COPELAND RD MAPLE PLAIN MN 55359 38 07-117-23 22 0016 06625 HEST BRANCH RD S J RUCE t I E SILBER STEVEN RUCE A IRENE SILBER 6625 HEST BRANCH RD MOUND m 55366 TOTAL BATCH 506 00010 f«• • «*' 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 COUrTTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEDGE AND BELIEF. DATE &uC0Ol<:^rVJOVV_^ / • I - •'i ; iy. V 03 i i 1 I .• • • V * « • • ‘ r *• / ! • M . •iT. •• / . . A '• .w;v .>• . ' V ’ ;• •v- • .•. Ii Certificntc of Survey for Tf»rry F.isnnan in the SE 1/4 of the SW 1/4 of Section fi-117-23 Hennepin County, Minnesota ?/ 0.74 Existing Legal Description The South 303 feet of tho East 150 feet of the West 550 feet of the Southeast quarter of the Southwest quarter of Section 6, Township 117 North, Range 23 west of the 5th Principal Meridian. This survey intends to show the boundaries of the above described property, and the location of the existing house and portable shed thereon. It docs net purport to show any other improvements or encroa'"hmcnts '^B8‘I?'I6'w 15007 It.9 • f K* n: ........ «o. K Ho^jse ; 24 4 24 0 f7J> o: denotes iron marker sot •: denotes iron marker found Bearings shown arc based on an assumed datum. vn «N 5 o 5: T~oJP‘''l I <2.65 • * • f . .. ; *r • X p0rrai '4 Mi il O §m A.1 . y -------------------------------------- 5SC.0 --------------> fM o« ••I i r*- ^ \ I*• *•/ •• tj > Coffin & Gronberg, LnC. I I Vir.VI ! hereby certify thji this survey \\m prcy.ucd by me nr unjer my ilircct super ­ vision. and that I am a duly rc>;»stered Civil Enj;incer and Lind Surveyor under the laws I'f the State nf Minm*?et.i Ijm-wjik \M-nur • l.ii4 . \IN 9 « ■ « t-*"* * A « IM: 47VINI Mark 5 Gronberg MmnesoM License Number 12735 6-Z2-9S stAiE r ’ SO ion so 95 'BOS 9S-20G ■'9 ^ ' *Vk;': * -.., / . .•»> ,LAKf VIEW'COLF C L^J >F SEC. NTY, MlNf%$OTA V /.------^ ea*iri6 ’‘B **i • ^ /S6827J££ Pr»00S4^ A/dotfit>0» si 1 1/ 'T115007 y X^ 2 -j.-sio- Cti»tt{m0 mjd w. »i-< *r «•/♦ ^...‘•tSi^ylt »f fu. 6-117-23 S a -r--* er» V\ Pj -1 •i’ •••^^........................ /S(9.07N80*/77?^ * BranchRocu/ (Co.Mhkm) /‘I PROPOSED REGISTERED LANrf SURVEY AND t I i • : LOT LINE REARRNQEMENT FOR MICHAEL & THERESA EASTMAN AND LAKEVIEW GOLF COURSE IN THE SW1/4 OF SEC. 6-117-23 HENNEPIN COUNTY; mI nNESOTA* I • •' .oV)/ : f •01 «M • * •• Narj/ iaV 140),f 1^. . • .. . ! i IT II 1 b iw~7ro.Nul5T f«ri7«#*r•.-i5oo> y • . .T fM«vL t I ■ N»B-|7lA*ir 7V5 24 w i.«c *r i<44» fwpt »f ^ Ui -^urzf^ » y • SBiriryj’ir AMditiom ’ / i / /v'.o'» [J- i*S ~ • •» V H *• ^ 4 ; —-4W • * ISO «ij» « *••••••0 I>• • ••>•«•••••! *• I • •...Ne«f(7‘)4-W 4 r « u/esf BroncA «bo</ (CoMNaISI) % aao7 I \ — % *45 Ji • • *. ■ gXISTiNC LEGAL 0ESCRPTI0N <; :J2|±ail_,. , i 4 SO S < I c lASTman : '-jV'.rwKrs.'^s'" LAKEVCW GOLF CCMiR«:F o?!?5 ^«,***‘ the West 400 feet oj.the^“th^\°oVh**iorf7.f '*™ or;.:'^.srky-^i * «* . . . • • • • ♦ .• Mdrf: /fA o/*r/cF^ y Aff/rrf^f^ TdACr ^ CAifirf) Aju'A T44CT S df dfd4^/Afd. : I n ( •I T—T 'k \ Ah REQUEST FOR COUNCIL ACTION DATE: August 22, 1996 / ITEM NO.: Department Approval: Name Michael P. Gaflron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:if2158 John O'SullivaaTormer Grace Baptist Church Property, 2380 Shadywood Road - Rezoning - Ordinance Current Zoning District: LR-IC, Single Family Lakeshore Residential, Acre Proposed Zoning District: B-5, Limited Neighborhood Business District Summary ’ of Request Applicant John O'Sullivan has an option to purchase the 1.7 acre Grace Baptist Church property. He proposes the rezoning of that property and the adjacent portions of Navarre Lane from LR-IC to B-5, for the purpose of constructing a light retail/ofTice building on the property which conceptually may include a bank, drive-up auto tellers, and two-story retail/office building. The conceptual proposal would include parking areas, a stormwater holding pond and request for vacation of a portion of Navarre Lane. The purpose of the rezoning application is, however, to consider just the proposed rezoning, not the specifics of the conceptual site plan. List of Exhibits A B C D E F G H Ordinance for Adoption Planning Commission Minutes 8/19/96 Notice of Planning Commission Action 8/21/96 Memo and Exhibits of 8/14/96 Additional Letters Received from Public Petitions Submitted by Applicant 8/19/96 Map. Navarre Rezoning History Excerpt on Spot Zoning Discussion Please review the memo and exhibits of August 14. This item is before the Council at the August 26 meeting pursuant to the applicant's July 2 request that this item be expedited due to the timeframe of his option on the property (see Exhibit J of the 8/14/96 memo). The City Recorder has provided draft minutes of the August 19 Planning Commission meeting for this item. These have not been proofed by staff. 1 ___; Request for Council Action continued c Tage 2 August 22. 1996 Zoning File #2158 John O'Sullivan/Former Grace Baptist Church, 2380 Shadywood Road Planning Commission Recommendation Planning Commission N oted 6 to 0 to recommend approval of the proposed rezoning from LR- IC to B-5. Planning Commission further recommended that the Council direct staff to proceed with an amendment of the B-5 district standards, to eliminate "home and garden equipment rental", "kennels" and "off-slreet parking" from the list of allowed conditional uses in Section 10.44, Subd. 4 (A & B), and "tobacco shops" from the list of permitted uses in Section 10.44, Subd. 3. Planning Commission members made a number of specific co mments which provide some basis for their conclusion: While a comprehensi\e review of zoning needs for Navarre would be appropriate, this specific property has been "in distress" for a number of years. If any other property but this one were being proposed for rezoning. Planning Commission would likely be recommending that approval be withheld until a comprehensive study of the area is completed. The B-5 district appears to be the correct fit for the applicant's proposed uses. There appears to be overwhelming support for this rezoning from both the Navarre business community as well as the Navarre residential community. The proposed development will hopefully act as a catalyst for additional redevelopment in Navarre. Certain permitted and conditional uses allowed in the B-5 zone might not be appropriate for this property given its location between commercial and residential, and those uses should be eliminated from the B-5 district as long as that doesn't impact existing businesses in other B-5 districts. These uses include "kennels", "home and garden equipment rental", "off-street parking" and "tobacco shops" as a minimum. Please also review the draft minutes of the August 19 meeting (Exhibit B). Additionally, a number of public comments were received at the public hearing, generaly in support of the proposal (see Minutes). Applicant has also provided copies of the petitions which many area residents have signed in support of the rezoning. L ____ Request for Council Action continued Page 3 August 22, 1996 Zoning File # 2158 John O’Sullivan/Former Grace Baptist Church. 2380 Shadywood Road Staff Recommendation As a matter of policy and in deference to past Council indications that re^oning in Navarre should only occur after a comprehensive review of Navarre zoning, stafl' recommended to Planning Commission that a comprehensive study would be appropriate. However, the City also is obligated to respond to this individual property owner's formal request for rezoning in a timely manner. The proposed rezoning likely cannot be considered a "spot zoning", since it proposes commercial use adjacent to other commercial uses, and generally is in keeping with the Comprehensive Plan. The Comprehensive Plan appears to generally support commercial use in and adjacent to the e.xisting Navarre commercial area. See also Exhibit H regarding "spot zoning". Approval of a rezoning requires a two-thirds vote of all the members of the Council. This therefore requires that at least four of the five Councilmembers vote in favor in order for the rezoning to occur. An ordinance has been drafted to accomplish the proposed rezoning, and is attached for Council adoption should Council choose to do so. Options for Action 1. Adopt attached ordinance to approve rezoning from LR-IC to B-5. 2. Conceptual denial, directing staff to draft a resolution for denial if Council feels a resolution is warranted. 3. Table (specify reasons) 4.Other. Additionally, Council may wish to direct staff to proceed with an amendment of the B-5 zoning district standards. COUNCIL ACTION REQUESTED: Take action regarding the proposed rezoning. ORDINANCE It____, 2ND SERIES AN ORDINANCE AMEiNDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTION OF CERTAIN PROPERTIES IN THE CITY AS REZONED FROM LR-IC TO B-5 The City Council of the City of Orono ordains; SECTION 1. The Municipal Code of Orono is hereby amended by amending the official zoning map and zoning use district boundaries for property legally described below: Lots 19, 20, 21 and 22, "Wiley's Navarre Addition, Lake Minnetonka"; and all that part of Lot 5, Block 3, Townsite of Langdon Park described as follows; Beginning at the northeasterly corner of said Lot 5, thence northwesterly along the northerly line of said Lot 5 to the northeasterly line of the public highway running across said Lot 5, and known as Minnetonka Lake Park and Maple Plain Road (now County Road 19) thence southeasterly along the northeasterly line of said road to the easterly line of Lot 5, thence northerly along the easterly line of said Lot 5 to the point of beginning. AND Than portion of Navarre Lane located northwesterly of the southeasterly 33 feet thereof lying between the northeasterly right-of-way line of County Road 19 and the southeasterly extension of the southwesterly line of Olive Avenue. Said property is hereby rezoned from the LR-IC, Single Family Lakeshore Residential District to B-5, Limited Neighborhood Business District. SECTION 2. This ordinance shall be published in THE LAKER/PIONEER newspaper and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 1996. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 1 of 1 ■4 ORONO PLANNING COMMISSION MEETING The Orono Planning Commission met on the above date with the following members present; Chair Dale Lindquist, Steve Peterson, Sandra Smith. Janice Berg. Elizabeth Hawm. and William Stoddard. Charles Schroeder was absent. The following represented the City Staff: .Assistant Zoning and Planning Administrate r Michael Gaftron, and Recorder Sherry Frost. Council members Jabbour and Goetten, along with Mayor Callahan, were present. Chair Lindquist called the meeting to order at 7:00 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REMEWS (#1) «15« JOHN O'SULLIVAN/GRACE BAPTIST CHURCH PROPERTY, 2380 SHADYWOOD ROAD - REZONING - PUBLIC HEARING 7:00-7:45 P.M. The Affidavit of Publication and Certificate of Mailing w^re noted. John O’Sullivan, Erwin Sniith, and Dan Clausen of the North Conservativ e Baptist Conference were present. Oaf&on reported that the applicant has an option to purchase the 1.7 acre parcel owned by the church. The parcel is being considered for rezoning from LR-IC to B-5 commercial consisting of limited neighborhood businesses. The conceptual plan is for light retail, office, to include a bank with drive-thru, in a 2-story building with stormwater retention pond on the property and vacation of a portion of Navarre Lane. At this time, the Planning Commission is to consider the rezoning issue and not the use itsdf Gafffon . •• • L MINUTES OF THE ORONO PLANNING COMKUSSION MEETING HELD ON AUGUST 19. 1996 asked the Commission to consider five general issues for discussion; 1) Does the proposed rezoning fit with Orono's Comprehensive Plan for the Navarre business district? 2) If not, should the City consider a rezoning request absent a comprehensive ironing "needs" review of the Navarre area"* 3) Is B-5 the appropriate district for the proposed uses? 4) Are the proposed uses appropriate for this location, adjacent to an existing single family neighborhood? and 5) If the property is rezoned, and if the parcel is ultimately sold to another developer, are all of the allowed uses in the B-5 zone appropriate for this location? Gaf&on cited some of the background and history' of rezoning in the Navarre area. The last rezoning occurred in 1983. Gaffron said it was Staffs opinion that a comprehensive review of the Navarre area should be conducted rather than a specific site, but a specific application is before the Commission for review and is asking for consideration. The she location is at the corner of Shadvwood Road and County Road 15. An adjacent comer is being redeveloped in B-1 zoning One acre residential is located to the east along with a wetland area, all part of the l.afayette Ridge Homeow ners Association. There is single family residential to the north of the proposed site. To the west is another commercial area of B-1 zoning. Gaffron read the purpose of the B-5 District as defined in the Zoning Code and is as follows; "The B-5 Limited Neighborhood Business District is intended to provide a district for businesse.c that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19. 1996 f i i ir Vj' high traffic generators and do not necessitate an inordinate amount of hardcover. The District may adjoin residential districts or other business districts which are subject to more restrictive controls. The District shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B-5 District as contemplated in the area known as Navarre in the Citv of Orono, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. Gaffiron said it could be argued that there is no traffic problem in Navarre but acknowledged that it was indeed busy. Gaffiron then read the list of permitted uses and conditional uses within both the B-5 and LR-IC zoning districts. Gaffiron reported on the potential uses of the site other than for the use as proposed. These were noted as a church, residential to include single family and duplex. The site is of the size to hold as many as 6 dw elling units in three duplex structures. Gaffiron said Staff does agree that for the uses proposed by the applicant, the B-5 district is the best zoning fit. GafIfon reported that the Staff recommendations include a comprehensive study of the zoning and land use in the Navarre area before arbitrarily rezoning a parcel at the request of a developer. He noted, however, that since a study has not been initiated by Council, and ^ven the applicant's request to redevelop the site and is need of immediate rezoning, the Planning Commission is being requested to review the request for rezoning, its appropriateness to the area, and under what conditions. 3 NfINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 /< / /<• - /a O'Sullivan said he considered the neighborhood, the intense use on adjacent properties, and at the uses to determine what be feels is the best fit of B-5 commercial He continued that he found no offensive uses among those permitted in B-5 and noted they were uses that generated low traffic. O'Sullivan reported that he held two public tent meetings the end of June. He noted all within 600' of the site, which is two times what is required by law, and also went door to door in a half mile square vicinity. 80 people, including 2 Planning Commissioners, attended the meetings The comments received by O’Sullivan were favorable to the concept noting there would be no infringement on the neighborhood. Petitions were available and were signed by almost all of those in attendance. All but a couple of people ^pported the concept. O'Sullivan also provided drawings of the plans and a petition in his nearby store in mid-July. He received 200 signatures of w hich the majority showed a telephone prefi.x of 471, which is that of the Navarre area. O’Sullivan said he also spoke with about 80 business owners and received signatures of those favoring the concept. Only 5 or 6 were said to not voice favor but asked questions of the proposed. Only one of the opposed was an Orono resident. O'Sullivan concluded that the B-5 was a great fit between the busier business and the residential zoning. He noted that no one adamantly opposed the project. The most concern w as that of tearing down a church. O'Sullivan said the purchase option was soon to expire, and a decision needs to be made soon on whether to continue pursuing the property. General plans have been made but a comprehensive plan is awaiting the rezoning issue decision. O'Sullivan said he has received numerous inquiries regarding the space to include realty offices, insurance, and floral shop. He, at this point, is unable to go O .• t MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 any further in the application until the rezoning is decided O’Sullivan noted that he two of the adjoining parcels and sees the joint development as an opportunity for the future of the area. Peterson said he attended the neighborhood meeting and noted those in attendance were for the concept, w ho said the>- w ere tired of seeing the empty building. Peterson said the City does not change zoning without alot of thought but feels the concept would fit in the comprehensive plan of the City. He felt the question was whether the City should look at one parcel versus the long range plans for the Navarre area, noting there was no plan to do so at this time. Peterson felt if the application was in regards to another location, it would go through the long range analysis, but he sees this property as unique and lends itself to its own development within the neighborhood. Peterson said he would like to sec the property’ rezoned to B-5 but w ould like to change some of the wording within the B-5 description and uses now in the comprehensive plan, i.e. removal of tobacco shops. Peterson asked if there is anyone who is opposed to the project? Lindquist opened the meeting to a public hearing and asked for comment. John Ericson, 1620 Sbady'wood, and owner of 2 lots located to the north of the proposed she on CoRd 19, said he had no problem with the plan but was concerned with parking lot abutting the property and the traffic from the businesses. Ericson said he acquired his lots five years ago and was told by the County that they w'ould not allow any more curb cuts off of CoRd 19 for homes. His access was said to have to come from Olive Avenue. Ericson noted that the current church property has two curb cuts; and if he was not allowed any curb cuts, neither should this property be allow ed any additional curb cui i NDNUTES OF THE ORONO PLANNING COM\nSSlON ^ MEETINGHELDON AUGUST 19, 1996 [i I 'r ■ c'i ‘ l-J . Ericson said there would be alot of traftlc generated by the site with short term traffic coming in and out, Ericson is concerned with the narrow residential streets beliind the site and asked the Council to consider wbere the residential should begin and stop. He questioned whether he should build any houses on the lots. Ericson was concerned with people taking shortcuts through the adjoining neighborhoods to get to the proposed site and would like to sec the roads improved He said he had no problem with what is being proposed with controls noting it was belter than what is there now. Janet Rosbar of the nearby vet clinic said the area needs a face lift and is In tkvor of the plans. Janet Simons, in insurance sales the past 11 years, said the proposal would be a wonderful advancement to the area and would like to relocate into the proposed building. Jay Richards, 3243 Casco Circle, said he has dealt with O'Sullivan and Smith as businessmen over the last 22 years and viewed them as good people. He would like to encourage them to keep their standards, which he views as higher than those in the area at this time. Gaf&on passed around a letter from Rob>Ti and Brett Hallonquist, which was read into the minutes, voicing their approval of the plans. Smith asked O’Sullivan what kind of retail businesses he saw as being located in the building O'Sullivan gave an example of a flower shop, a gift and card shop, personal services. He said he has not yet put out any notices in the marketplace but has received inquiries from realty houses, insurance agents, which would be good businesses for the MtXTlNCf HELDON AVioUSr 19, Jvvb If , neighborhood and fit in the B-5 zoning, adding that these uses did not generate high •/i,. traffic O’Sullivan informed Smith that there would be no 24 hour businesses. Smitli asked O’Sullivan to comment on the residential traffic A bikc/'hike trail was noted. O’Sullivan said there would be no direct outlet to Navarre Lane or Olive Avenue as the traffic pattern is designed to keep away from the residential area. Peterson noted that this was the subject of the only question at the public meetings. Smith asked Gaflron if there was any way to place limits on the permitted uses short of adaptation of the B-5 permitted use list in the comprehensive plan Gaffron reviewed the permitted uses noting there would not be any record shops today but a video store, no pet shops but a vet clinic, and tobacco shops w ere not commonplace. Gaffi'on said alot of the uses fit in a neighborhood setting Gaflfron said if there was concern with a use for the property under the permitted use list, the B-5 zoning would have to be amended. It was noted that as the ordinance now stands, any of the permitted uses could occur. Peterson voiced concern with a conditional use of oflF-street parking. Hawn said she saw the issue as w hether to approve the B-5 as it stands and encourage the review She did not see any of the permitted uses as being obno.xious and any concern with a conditional use would have to be reviewed by the Planning Commission. Hawn noted from letters received from the neighbors, they are in favor of and want the development, are frustrated with the site as it stands and would be gratified by an upscale building ^ the neighborhood MINUTES OF THE ORONO PLANNING COMMISSION^^ . . MEETING HELD ON AUGUST 19, 1996 j Peterson noted that he has seen only 2 applications in 5 years for this property in hs zoning as residential adding that this developer was the first person to come forward asking to change the zoning Stoddard commented on a concept brought forward last month of a Navarre beautification program, w hich would be different than that of long term zoning. He noted the last study was done in the 1980’s and the determination made that involvement from the business owners would be necessary to accomplish anything Stoddard said he lives close to the area, attended the public meeting hearing favorable comments towards the proposal, and is open to reviewing the permitted use Peterson said he sees the development as a catalyst for redevelopment of the Navarre area. Berg said the development is long over due and lends itself to setting a standard of what can be done in the area She also lives in the area and noted its need for improvement. Lindquist said the property was troubled with the church sitting there, and with the application in front of the Commission, he saw the need to deal with it at this ume. Smith asked O'Sullivan what kind of energy was in the area regarding redevelopment, noting the need for flinding, and whether a revitalization of the area was realistic. O'Sullivan said he couldn’t speak for others but saw improvements made in businesses cause other businesses to get involved or become lost. O'Sullivan said it was a matter of individuals parting with funds He noted Berg's involvement in redevelopment projects The need for special financing and problems with absentee landlords were noted. Smith 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 said she was not encouraged that there would be any beautification plans occurring without special financing available. Janet Simons reported that O'Sullivan, Rick Bloomquist of Rick’s Super Valu, and herself got together and purchased holiday banners prior to getting any support from others in the area. They then sent out mailings and raised several thousand dollars. Simons said this shows an commitment by the business owners and their support She noted that such initiatives does get the ball rolling towards improvements in the area. Peterson moved, Berg seconded, to approve the rezoning of the property at 2380 Shadywood Road to B-5 as stated with the condition that the B-5 uses be amended to delete tobacco shops under permitted uses and kennels, home and garden rental, and off- street parking under conditional uses. Gaffron asked to look at the B-5 areas. This includes a strip mall where a Dairy Queen, a vet clinic, and Lowells Auto Parts; an office building; and B-5 to the west with a furniture store and a service station. With only those B-5 districts, Gaffron said the amendment to the B-5 would not adversely affect those businesses already in place which was a concern to him. He asked that off-street parking be defined as there is a need for parking in the B- 5 but withm the primary use Suggestions were of no unauthorized parking and no ”for sale" parking allowed. Peterson said he feared Lord Fletchers would use the lot for parking on weekends creating more traffic to the area wWch Peterson would like to keep down. Gaffron recommended that the Commission direct Staff to make the B-5 application as it stands separate to the application. Vote: Ayes 6, Nays 0. The rezoning issue will be before the Council at the meeting of August 26, 1996. 1 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2158 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21, 1996 TO: John O'Sullivan 2420 Shadywood Road Navarre, MN 55392 COPIES: Rev. Dan Clausen North Cential CBA 7260 University Avenue NE Suite 110 Fridley, MN 55432 TYPE OF APPLICATION: Rezoning DATE OF MEETING; 08/19/96 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval of the proposed rezoning, with an additional recommendation that the City Council direct staff to proceed with an amendment of the B-5 District to eliminate "home and garden equipment rental", "kennels" and "off-street parking" from the list of allowed conditional uses in Section 10.44, Subd. 4 (A B), and’tobacco shops from the list of permitted uses (Section 10.44, Subd. 3). Applicant's next scheduled meeting is confirmed as: City Council, Monday, August 26, 1996; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To: L Chair Peterson and Orono Planning Commission Members Ron Moorse, Citv Administrator From: Date: Subject: Michael P. GaftVon. Assistant Planning & Zoning Administrator August 14, 1996 #2158 John O’Sullivan/Former Grace Baptist Church Property, 2380 Shadywood Road - Re/oning - Public Hearing Current Zoning District: LR-IC, Single Family Lakeshore Residential, 1/2 Acre Proposed Zoning District: B-5. Limited Neighborhood Business District Summar}' of Request Applicant John O’Sullivan has an option to purchase the 1.7 acre Grace Baptist Church property. He proposes the rezoning of that property and the adjacent portions of Navarre Lane from LR-IC to B-5, for the purpose of constructing a light retail/office building on the property which conceptually may include a bank, drive-up auto tellers, and two-story retail/otTice building. The conceptual proposal would include parking areas, a stormwater holding pond and request for vacation of a portion of Na\ arre Lane. The purpose of the rezoning application is, however, to consider Just the proposed rezoning, not the specifics of the conceptual site plan. List of Exhibits A - Application B - Plat Map C - Property Owners List (600 ’ Distance) D - Navarre Current Zoning Map E - Existing Neighborhood/Building Locations F - Proposed Development Superimposed G - B-5 Zoning Code Standards H - Comprehensive Plan Excerpts I - Mabusth Memo 6/20/96 J - 7/2/96 Letter of Request for Expedited Review K - 7/2/96 Letter from Property Owner (North Central CBA) L - r = 100' Plat Map M - Phase I and II Proposed Site Plan and Development Narratives N - Elevation Views O - Public Comments Received General Issues for Discussion 1.Does the proposed rezoning fit with Orono's Comprehensive Plan for the Navarre business district? 2.If not, should the City consider a rezoning request absent a comprehensive zoning "needs" review of the Navarre area? Zoning File #2158 August 2, 1996 Page 2 3. Is B-5 the appropriate district for the proposed uses? 4. Are the proposed uses appropriate for this location, adjacent to an existing single family neighborhood? 5.If the property is rezoned and if the parcel is ultimately sold to another developer, are all of the allowed uses in the B-5 zone appropriate for this location? Background The last rezoning in the Navarre commercial area occurred in 1983, when the Keaveny parcels (Orono Liquor Store, Keaveny Drugs, etc.) were rezoned from B-3 to B-1. In 1989, the City undertook a planning study of the Navarre commercial area using Dahlgren, Shardlow and Uban, Inc. as consultants. Thai study resulted in no conclusions about redevelopment of Navarre, and no rezoning occurred at that time. In 1995, the City considered two proposals in Navarre which contemplated the possibility of rezoning: Ron Rantz ’s informal proposal to rezone the rear of his property from LR-IB to B-4, possibly in conjunction with a future comprehensive review of the B-4 district boundaries west of Shadvwood Road Hessburg request that City consider options for allowing a domestic abuse shelter on the Grace Baptist Church site, either by amending the LR-IC conditional use section or creating a conditional use under B-4 with a rezoning from LR-IC to B-4. Neither of these recent requests took the form of a formal application for rezoning. However, during the Rantz discussions, some members of Council indicated a reluctance to consider any rezonings in Navarre on a parcel-by-parcel basis, preferring to review the zoning in Navarre on a comprehensive basis. The City has not undertaken a comprehensive review of the Navarre commercial area zoning. Nevertheless, Mr. O’Sullivan has formally applied for a rezoning, and has requested that your recommendation be placed on the August 26 Council agenda. Site Location and Zoning The site is located between County Road 19 (Shadywood Road) and Olive Avenue, just north of a portion of Navarre Lane which is not open to traffic. The site is approximately 1.7 acres in area, and is currently zoned LR-IC, Single Family Lakeshore Residential, Vi acre minimum lot size, as is the residential neighborhood to the north (see Exhibit G). The church use which previously existed on the site was permitted as a conditional use in the LR-IC residential zone. Zoning File #2158 August 2, 1996 Page 3 Existing Uses & Zoning of Adjacent & Nearby Properties The residential neighborhood (Zoned LR-IC) abutting the subject property consists of single family homes on small lots generally gaining access from Olive Avenue, and those further north from Bay view Place. Directly to the east of the site, the wetland outlot (Zoned LR-IB) is not a buildable parcel, and the Lafayette Ridge neighborhood is some 600’ distant. The adjacent parcel directly to the southeast is zoned B-1. Retail Sales Business District and will be the site of a restauranl'convenience store/gas statioa'car wash complex. To the immediate south of County Road 15 is an existing convenience store operation, zoned B-1. Southwest of the intersection of County Roads 15 and 19 is Rick’s Super V'alu, which is zoned B-3, Shopping Center Business District. Directly across Shadywood Road from the site, in the northwest quadrant of Co. Rds. 15/19, is an Amoco service station as well as a professional office building and a single family residence, all zoned B-1. Just to the north of LjTic Avenue on the west side of 19 is a City playground. B-5 District Proposed Applicant proposes a rezoning to B-5 Limited Neighborhood Business District. The B-5 standards were created in 1976 and exist today as originally adopted. The purpose of the B-5 District is defined in the Zoning Code as follows: "The B-5 Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a ser\ice primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The District may adjoin residential districts or other business districts which are subject to more restrictive controls. The District shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the B-5 District as contemplated in the area known as Navarre in the City of Orono, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre." Planning Commission should carefully consider whether all of the permitted uses in the B-5 zone as listed below are appropriate for the property in question. Remember that this list was created 20 years ago, and the nature of certain businesses on the list may have changed in i Zoning File #2158 August 2, 1996 Page 4 some respects. The Planning Commission should consider whether any of the listed permitted (or conditional) uses might be inappropriate for this propert>*. Permitted and conditional uses under proposed and current zoning: B-5 Limited Neighborhood Business District Permitted Uses: Municipal Buildings Offices Clinics Art and school supply store Book and magazine store Office supply store Banks, loan company, insurance company, real estate office Barbershop, beauty shop Camera and photograph supply store Locksmith Hobby shop Gift store Glassware and pottery Antique store Jewelry store Watch repair Library Museum Record shop Music store Tobacco shop Galleries Pet shop Conditional Uses: Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store Dry cleaning store Tailor shop Pressing and shoe shine shop Laundry and cleaning pickup station Home and garden equipment rental Veterinary clinic Kennels Off-street parking Public service structures LR-IC One Family Lakeshore Residential District Permined Uses: One-family detached dwellings Public owned parks and playgrounds Municipal buildings Conditional Uses: Schools Churches Clubs, camps, etc. Public service structures Greenhouses Recreation areas Guest houses & non-rental guest apartments Planned Residential Development (PRD) Duplex (within 200* of Comm’l) Apiaries Antenna structure Farms Animals Stables and Barns-Private Stables and Bams-Public Riding Academy Zoning File #2158 August 2, 1996 Page 5 Potential Uses of Site Under Current LR-IC Zoning The site has contained a vacant church building for a number of years, and the current owners, the North Central Conser\ative Baptist Association, have been attempting to sell the property for some time. Under the LR-IC zoning, single family residential development is the primary permitted use. Because the property is within 200’ of a commercial district, it would qualify for duplex use, and with 1.7 acres in a half-acre zone, might accommodate as many as 6 dwelling units in three duplex structures. The other permitted LR-IC uses are 'public owned parks and playgrounds', and 'municipal buildings'. The City has a park on the west side of Shady wood Road near the property, and has no plans at this time to expand or relocate that park. Further, the City has no plan or intent to locate new municipal buildings in Navarre. The loca; on so near one of Lake Minnetonka's busiest intersections makes the southerly portions < the site less than ideal for single family development. Duplex or townhouse type units which mig ’U be allowed if the site was rezoned to LR-lC-1, might be a more attractive residential option than single family. Rezoning this site to commercial may eliminate an opportunity for developing additional types of residential housing. B-5 Correct Tit* For Proposed Uses Applicants have indicated that the B-5 district provides the best "fit" for their proposed uses. Both 'banks' and 'offices' are permitted uses in the B-5 zone as well as certain types of retail businesses, although some retail uses would require a conditional use permit. Related to other zot.ing districts: The B-1 Retail Sales Business District would permit the bank and retail uses but would require a conditional use permit for office. - The B-3 Shopping Center Business District would similarly require a conditional use permit for office, but also requires a minimum lot size of two acres which the property doesn't meet. - The B-4 Office and Professional Business District would permit bank and office uses but would not allow' the retail uses contemplated by applicant. Staff agrees that for the uses proposed by the applicant, the B-5 district is ihe best zoning "fit". Zoning File #2158 August 2. 1996 Page 6 Comprehensive Plan Planning Commission should consider more than merely whether the B-5 rezoning meets the applicants needs, but whether it meets the needs and goals of the City for development of Navarre. The Comprehensive Plan says ver> little about long-term plans for Navarre, although it does include a list of 13 'Urban Land Use Policies' (Exhibit L) of which a number have direct relation to commercial development: "2. Limited Commercial Areas Will Be Provided for Neighborhood Service Businesses . The primary function of Orono's commercial areas will be to provide those retail, commercial and service businesses which are directly necessary to serve Orono's urban and rural residents..." *'4. The City Will Encourage Private Unification and Coordination of the Existing Commercial Areas. Unplanned strip commercial developments will be discouraged. Coordinated projects designed to aesthetically enhance, unify and identify the business areas will be encouraged." "6. Commercial and Industrial Development Will Not Be Permitted to Adversely Affect Neighboring Residential Property. The location and scale of commercial and industrial development will be controlled so as not to encroach upon the primar>' residential land uses in Orono. Wherever possible, natural land forms or buffers wJ’l be required between different land uses." "11. A Significan t \mount of Natural Woodlands and Open Space Will Be Retained on Each Propert\. Retention of the natural environment requires careful siting and preservation of trees and open space on each urban property." On page CMP 4-26 of the Land Use Plan, it is indicated that the Navarre area "will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Orono residents. Accessory functions such as offices and owner-occupied living units or limited multi-family developments will be considered appropriate in or near the Navarre commercial area." Map 7 of the Orono Comprehensive Plan is a depiction of the Land Use Plan. It defines the Navarre area as commercial in nature, but the scale of the map was not intended to identify whether individual properties are included or excluded from the commercial area. Therefore, it is unclear whether the site of the proposed rezoning is 'planned' for commercial use. Zoning File #2158 August 2, 1996 Page 7 Staff Recommendation 1. It would be most appropriate from a long-range planning perspective to comprehensively study zoning and land use in the Navarre area, before arbitrarily rezoning a parcel at the request of a developer, \nalysis of the current situation and future needs of this part of Orono might then result in a more informed decision on whether zoning changes are prudent and desirable. 2. Since such a study has not been initiated by Council, and given the applicant's intent to move quickly forward to the August 26 Council meeting for final action on this rezoning application. Planning Commission is requested to make a recommendation to council as to whether the requested rezoning is appropriate, or if not, then under what circumstances or conditions it might be appropriate, if any. As a minimum, consideration should be given to whether there is a need for additional commercial land in Navarre, as well as the impacts of commercial expansion on the adjacent neighborhood. Is this additional commercial land needed to provide for the various uses which might be beneficial to the Navarre area, or can these uses be accomodated by tlie redevelopment or re-use of exist'ng commercially-zoned property? Or is this land needed for additional residential use? Options For Action 1. 2. 3. 4. 5. Recommend approval for rezoning to B-5. Recommend approval subject to specific conditions or circumstances. Conditions might include: a) That the B-5 standards be amended to add or delete specific permitted or conditional uses. b) That conceptual approval only should be granted by Council until a comprehensive zoning study of Navarre has been completed. Recommend that the rezoning request be denied. Please identify specific reasons. Table for further information. Identify specific additional information required. Other 1 r • 4/«.* " *-T V' '.I • -i I I --. * .1 '* Application # Date Received" 7 / / Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 0^\ -♦ — 'y DS-AT'-c f\CXC M Type of Application to be Filed fi n z /-■ /V fx Property' Identification Number (P.I.D.) applicant . , t: Sat t 'vA/v/jT_______ *■/ -xr ' •> J'i'f Name_ Address Citv /! r‘/ '/^y>L Phone (home)_ Phone (worki V / / ~ c -'Z‘> ______Zip s-ri"? OWNER (if different than applicant) Name______ __________ Phone (home) Phone (\vork)_ Address Citv Zip. [ /^TiCtK! M<-‘t c <? ^I * ^D^Property' Acquired------------------------------ I (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - S 75.00 For each *ariance request with CUP application 5175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) 5225.00 Guest House/Guest Apartments 5200.00 Duplex Credit/Bldg 5300.00 Commercial/Industrial Use 5250.00 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-TID - see Fee Schedule 5150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee (month/year) OTHER APPLICATIONS . , , r ^ 5250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation 5200.00 Easement Vacation ” SI00.00 Easement Vacation With Subdivision 5350.00 Rezoning (PUD - refer to fee schedule) 5350.00 Comprehensive Plan Amendment 5100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERT(^Y Present Zoning District___/j--------^------ Present Use of Property’______Residential /Other (specify).C Hd^ctl- 1. 2. 3. REQUIRED SUBMITTALS ____ Completed Application Form. ____ Describe request in detail. ____ Certified Property Ovv-ners List of o\\-ners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance. A-603, Government Center, 348-3271). ____ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ____ Attach legal description to application if not included on required survey. _____ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ____ List of the legal names (include marital status) of all persons with an interest in the property'. This would include name(s) of applicant(s) if not current ovvneifs). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. \OU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY MR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUB.MITTED. (Staff will require to scale drawings of all documents, plans, etc. to be vuciaitted.) ^iie Applicant and Property Owner must sign this application. Please that your application is not complete if the above infomiation has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________________________Date------------------------------------- 4. 5. 6. 7. 8. 9. APPLICANTS SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admimstrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date hi.Applicant's signature n />* 7 (J >.tt n OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property ’ by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent anend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 07/U/HBATCH 50APROP AOOR ONNER NATS TAXPAYER NAHE/AODR PROP ADOR OHTCR NAME TAXPAYER NAME/AOOR PROP ADDR (»BIER NAHE TAXPAYER NAME/ADOR PROP ADDR ONNER NAME TAXPAYER NANE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LISTSB 17-117-25 45 0001 02195 BAYVIEN PL R P MEYERS A J E MEYERS RICHARD P a JANICE E HEYEK 2195 BAYVIEN PL NAYZATA MN 55591 SB 17-117-25 45 0005 05445 CRYSTAL PL AIL ROOENALD ADELBERT M RODENALO 3445 CRYSTAL PLACE NAYZATA MN 55591 SB 17-117-25 45 0020 0S45S LIVINGSTOri AVE LANE N MOORE LAT4E N MOORE 3456 LIVlM6STOr4 AVE NAYZATA MN 55591 36 17-117-25 45* 0025 03414 LIVINGSTON AVE ROSEMARY P BURMASTER ROSEMARY P BURMASTER 3414 LIVINGSTON AVE NAYZATA MN 55591 38 17-117-23 45 0064 05445 LIVINGSTON AVE DEtt4IS L HEGER DEft4IS L HEGER 3445 LIVINGSTON AVE NAYZATA MT4 55591 58 17-117-25 45 0076 05444 LYRIC AVE F L a S E mittelstaeot MRyTIRS FRAT4K L MITTELSTAEDT 3444 LYRIC AVE NAYZATA MT4 55391 56 17-117-23 43 00020229# SHADYNOOO RD H P a A M FRANZEN MIKE a ATtlA FRANZEN 2294 SHADYHOOO RD NAYZATA MN 55391 36 17-117-23 43 0018 05452 LIVINGSTON AV'E NILLIAH R MAXNELL II a NIFE NILLIAM R MAXNELL II 3452 LIVINGSTON AVE NAVARRE MN 55591 36 17-117-25 45 0021 05456 LIVINGSTON AVE STANLEY A MOORE DEM4IS THUECKS 3177 LAKESHORE BLVO NAYZATA MN 55391 36 17-117-23 43 0062 05433 LIVIK4GST0N AVE JEFFREY A KLEMAN JEFFREY ALLEN KLEMAN 244 BROAOKAY AVE N NAYZATA MN 55591 58 17-117-25 45 0065 05445 LIVINGSTON AVE CAROLYN M TILLOTSON CAROLYN M TILLOTSON 5445 LIVINGSTON AVE NAYZATA MN 55591 50 17-117-25 45 0077 05458 LYRIC AVE LOIS M »fl’DLON LOIS MARIE HUOLON 5458 LYRIC AV NAYZATA MN 55591 REPORT NO. PI455401 PAGE 1558 17-117-25 43 000402295 SMADYNCOO ROK N a S A RODLNALDKEVIN H a SHIRLEY A ROOENALD2295 SHADYMOOD RONAYZATA MN 55591 i 58 17-117-25 45 0019 054^4 LIVINGSTON AVE FRATJ; II OLSON ETAL FRANK H OLSON 5444 LIVINGSTON AVE NAYZATA MN 55591 1 58 17-117-25 45 0022 05422 LIVINGSTON AVE 0 A SERNA a 0 L SHELDCN D A SERI4A a D L SHELDCN 5422 LIVINGSTON AVE NAYZATA MN 55591 58 17-117-25 45 0065 05455 LIVINGSTON AVE D V a E N BRUCE DENNIS V a EVELYN N BRUCE 5455 LIVINGSTON AVE HAY<J^TA MN 55591 . i 58 17-117-25 43 0075 05465 LYRIC AVE JAMES F MITTELSTAEDT III JAMES F MITTELSTAEOT III 5468 LYRIC AVE NAYZATA MN 55591 58 17-117-25 45 0078 05422 LYRIC AVE DANIEL E SNANSON DANIEL E SNANSON 5422 LYRIC AVE NAYZATA m 55591 ft- X r- f? } WH DATE 07/2i/9ADATCH 506PROP AOOR ONNER KAHE TAXPAYER N^/ADOR PROP AOOR (PtIER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAh£/AODR PROP AOOR 0Hh4ER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME T^PAYER NAME/AOOR HEN«PIN COUNTY PROPERTY INFOfmATION SYSTEM PROPERTY OHNERS LIST58 17-117-23 63 007905608 LYRIC AVE HENNEPIN FORFEITED LAND CITY OF ORONO PARK6/15/79 ST DEED 156755 58 17-117-23 65 0002 00058 ADDRESS UNASSIGKcO TOKN OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 58 17-117-23 63 0085 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORCNO PARKING LOT BUFFER 5-22-91 ST DEED NO 176998 58 17-117-23 63 0099 05600 SHORELINE DR DALE S JOHNSON NAVARRE HAROHARE C/O DALE JOHNSON 3600 SHORELINE DR PO DOX 60 NAVARRE MN 55392 38 17-117-23 63 0156 036GS LIVINGSTON AVE SHERYL A PATTEN SHERYL A PATTEN 3605 LIVINGSTON AVE HAYZATA Mt4 55391 38 17-117-23 66 0007 02366 SHADYNOOO RO GRACE BAPTIST CHURCH/NAVARRE NORTH CENTRAL CBA 7260 UNIVERSITY AVE N E 8110 FRIDLEY 55632 58 17-117-23 63 006003608 LYRIC AVE HENNEPIN FORFEITED LAND CITY OF ORONO PARK6/13/79 ST DEED 156755 38 17-117-23 63 0083 00058 ADDRESS UNASSK^IEO HENNEPIN FORFEITED LAND CITY OF ORONO PARK 6/13/79 ST DEED 156756 38 17-117-23 63 0086 03665 LYRIC AVE N G a 0 M TIERNEY HILLIAM G A DELORES TIERT^Y 3665 LYRIC AVE HAYZATA MN 55391 38 17-117-23 63 0161 03673 LIVINGSTON AVE SARAfBIE N ANDERSON SARANNE H AMOERSON 3673 LIVINGSTON AVE HAYZATA MN 55391 38 17-117-23 66 0005 C0030 ADDRESS UNASSIGfJEO T0HT4 OF OROrX) CITY OF 0R0440 PO BOX 66 CRYSTAL BAY MN 5S359 38 17-117-23 66 0008 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF OROtJO CONVEYED 2/8/82 ST DEED 161165 REPORT NO. PI635601 PAGE 1638 17-117-25 65 008103608 LYRIC AVE HEftCPIN FORFEITED LAND CITY Of ORONO PARK6/13/79 ST DEED 156755 38 17-117-23 43 0086 00038 ADDRESS UNAS3ISNE0 HENNEPIN FORFEITED LANO CITY OF ORONO CONVEYED 2/0/82 ST DEED 161167 38 17-117-23 63 0096 03616 SHORELINE DR GERM-TOM PARTNERSHIP GERM-TOn PARTNERSHIP C/O COURT HACFARLANE P 0 BOX 1611 MlftlFTOMCA MN 55365 I 38 17-117-23 63 0162 03660 SHORFLIME DR HIE MUELLER RICHARD H 8L00MQUIST 5660 SHORELINE OR HAYZATA MN 55391 ^ s 38 17-117-23 66 0006 02360 SHAOYHOOD RO GRACE BAPTIST CHURCH/NAVARRE NORTH CENTRAL CBA 7260 UNIVERSITY AVE N E fllO FRIDLEY MN 55632 .i \ XV* 38 17-117-23 66 0009 02377 SHAOYHOOD RO MARCEL S DITTRICH MARCEL DITTRICH 2377 SHADYNOOO RD HAYZATA MN 55391 RUN DATE 07/26/94BATCH 504 HENNEPIfl COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Ol^^cRS LIST REPORT NO. PI4SS4Q1 PAGE 15PROP AOOR OlflER NAME TAXPAYER NAME/AOOR PROP ADOR OHNER NAME TA)9AYER NAr£/AOOR PROP AODR OHNER NAME TAXPAYER NAHE/AODR PROP AOOR OHr«R NAME TAXPAYER NAME/AOOR PROP ADOR OHNER HAm TAXPAYER NAME/AOOR PROP AODR OHNER NAME TAXPAYER NAME/AOOR 36 17-117-23 44 001500038 ADDRESS UNASSIGNEO HENNEPIN FORFEITED UNO CITY OF ORONO PAIOC10/17/80 ST DEED 159148 38 17-117-23 44 0022 03405 CRYSTAL 8AY RO ALOMA J DARLING ALOMA J DARLING 3405 CRYSTAL 8AY POAO HAYZATA MH 55391 38 17-117-23 44 0027 02225 BAYVIEH PL TERESA ANNE KOCH TERESA KOCH 2225 BAYVIEH PLACE HAYZATA MN 55391 38 17-117-23 44 0030 02245 BAYVIEH PL DAVID H DEAN A DIANE M DEAN DAVID H A DIANE H DEAN 2245 BAYVIEH PLACE HAYZATA MI4 55391 38 17-117-23 44 0033 02305 BAYVIEH PL R M STELL1F!G ETAL GENE H BLOCK 2305 BAYVIEH PLACE HAYZATA MN 55391 38 17-117-23 44 0059 03320 NAVARRE LA PAUL J PASCUZZI PAUL J PASCUZZI 3320 NAVARRE LA HAYZATA MT4 55391 38 17-117-23 44 002003393 CRYSTAL BAY RD JEFFREY MACK HATfZR JEFF HAMMER 3393 CRYSTAL BAY RD HAYZATA MN 55391 38 17-117-23 44 0025 02205 BAYVIEH PL CLEFfENT F BIRCH JR ET ^L CLEME44T F BIRCH JR ANT BARBARA J SIPPRELL-BIHCH 2205 BAYVIEH PL HAYZATA MT4 55391 38 17-117-23 4* 0028 02245 BAYVIEH PL T J • T P HALLOCK TERRY J HALLOCK TIFFIffY POOL HALLOCK 2245 BAYVIEH PL HAYZATA MN 55391 38 17-117-23 44 0031 02275 BAYVIEH PL JAMES R ANOERSOfj JAMES R ANOERSQN 2275 BAYVIEH PLACE HAYZATA HN 55391 38 17-117-23 44 0041 02250 BAYVIEH PL CATHY JO TUW4ER TOM i CATHY TURNER 5537 BARTLETT BLVO MOUND M4 55364 38 17-117-23 44 0060 03324 NAVARRE LA CRETT HALLONQUIST BRETT K HALLONQUIST 3324 NAVARRE LA NAYATA MN 55391 38 17-117-23 44 002103399 CRYSTAL BAY RD S G SQBIENIAK 1 V MCKINNEY S SOBIENIAK A V MCKINNEY 3399 CRYSTAL BAY RO HAYZATA MN 55391 38 17-117-23 44 0024 02215 BAYVIEH PL RAJ HAZARD rober : pj^ymqno hazard 2215 BAYVIEH PL HAYZATA HN 55391 38 17-117-23 44 0029 02253 BAYVIEH PL PATRICIA A BUmiEICE PATRICIA A BURNIECE 2253 BAYVIEH PL HAYZATA MN 55391 38 17-117-23 44 0032 00036 ADDRESS UNASSIC^IED GENE AND SHERYLL BLOCK GENE AND SHERYLL BLOCK 2305 BAYVIEH PLACE HAYZATA MN 55391 36 17-117-23 44 0042 02240 BAYVIEH PL KIIBERLY A ERICSON KIMBERLY A ERICS0T4 2240 BAYVIEH PL I4AYZATA m 55391 38 17-117-23 44 0063 02344 OLIVE AVE JAMES S HEITZ JAMES S HEITZ 2344 OLIVE AVE HAYZATA MN 55391 1 01 I A. ■ >1 r" RUN DATE 07/26/96BATCH 506PROP AOOR GNNER NAME TAXPAYER NAHE/AODR PROP AOOR OmER NAME TAXPAYER NAME/AODR PROP AOOR ONNER NAME TAXPAYER NAME/AOOR PROP AOOR ONNER NAME TAXPAYER NAME/AODR PROP AOOR ONNER NAME TAXPAYER NAME/AODR PROP AOOR ONNER NAME TAXPAYER NAME/AODR HEM«PIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OW^CRS LIST30 17-1X7-25 64 006402330 OLIVE AVE D A JAKUBIAK A L M JAKUBIAK MIAN A JAKUBIAK 2338 OLIVE AVE NAYZATA MN 55391 38 17-117-23 44 0067 02314 OLIVE AVE LOUISE B DAY LOUISE B DAY 2314 OLIVE AVE NAYZATA m 55391 38 17-117-23 44 0073 02314 SHAOYIOOO RD E A KUGLIN ET AL N/L EST EDNIN A MABEL KUGLIN 2314 SHAOYHOOO ROAD NAYZATA MN 55391 33 17-117-23 44 0076 02336 SHAOYHOOO RD JOHN C A BARBARA E ERICSON JOHN A BARBARA ERICSON 1620 SHAOYHOOO RD NAYZATA MN 55391 38 17-117-23 44 0079 02341 SKADYHOOO RD H R GROETSCH A C J GROETSCH LOUISE A 6AN6ELH0FF 2341 SHAOYHOOO RD NAYZATA MN 55391 38 17-117-23 44 0083 02230 BAYVIEN PL J L SQMNECK A P N SCHNECK J L A P M SCHNECK 2230 BAYVIEN PL S NAYZATA MN £5391 38 17-117-23 44 006502328 OLIVE AVE J T JACOBSON AID JACOBSON J T JACOBSON A L 0 JACOBSON 2328 OLIVE AVE NAYZATA MN 55391 38 17-117-23 44 0063 02306 OLIVE A\*E KAREN E ANOERSOr^ KAREN E ANDERSON 23C6 OLIVE AVE ORONO MN 55391 38 17-117-23 44 0074 02324 SHADYHOOO RD R J HAEFNER I C F HAEFNER RICHATvD J/COLLEEN F HAEFNER 2324 SffADYNOOO RD NAYZATA MN 55391 38 17-117-23 44 0077 03326 NAVARRE LA GRACE BAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/NAVARRE 2380 SHAOYFXXX) RD ORONO MN 55391 38 17-117-23 44 0080 00038 ADDRESS UNASSIGHED T0Ft4 OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 38 17-117-23 44 0084 02350 OLIVE AVE NANCY C RUST NANCY C NELSON 2350 OLIVE AVE lUYZATA MN 55391 REPORT NO. PI435401 PAGE 1638 17-117-23 44 006602318 OLm AVE PATRICK H SULLIVAN PATRICK N SULLIVAN 2318 OLIVE AVE NAYZATA MN 55391 38 17-117-23 44 0069 02300 OLIVE AVE MARGARET A HOOD MARGARET A HOOD 2300 OLIVE AVE NAYZATA MN 55391 38 17-117-23 44 0075 02336 SHADYHOOO RD JAB ERICSON JOHN C A BARBARA E ERICSON 1620 SHADYHOOO RO NAYZATA m 55391 38 17-117-23 44 0078 00038 ADDRESS UNASSIGNED GRACE BAPTIST CHURCH/NAVARRE GRACE BAPTIST CHURCH/NAVARRE 2380 SHADYHOOO RO ORONO MN 55391 38 17-117-23 44 0082 02200 BAYVIEN PL DALE MATSON ETAL DALE MATSON ETAL 2200 k;. '*'IEH PLACE NAYZATA MN 55391 38 17-117-23 44 0085 03340 SHORELINE DR VOYAGEUR SERVICE CENTERS INC OYAGEUR SERVICE CENTERS INC ' 0 SOX 65 ^:nVRRE MN 55392 ^ J* “if f .* /VV • ,1 «. * V..* i M .)V* . “ •. •: ViV ^ • RUN DATE 07/26/96iATCH 506PROP AOOR OKNER NAME TAXPAYER HAHE/ADOR 58 17-117-25 66 009005285 LAFAYETTE RIOGE CT SALLY J MCCABE SALLY J MCCABE 5285 LAFAYETTE RIOGE CT KA^ZATA HN 55591 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST58 17-117-25 66 009600058 ADDRESS UNASSIG^CD HENNEPIN FORFEITED LAND HEhP€PIN FORFEITED LAND REPORT NO. PI655601 PAGE 1758 17-117-25 66 009602500 BAYVIEH PL JAIL BELCOURT JASON A BELCOURT 2500 BAYVIEN PL HAYZATA HN 55591 PROP AOOR ONNER NAME TAXPAYER NAME/ADDR 58 17-117-25 64 0098 05500 NAVARRE LA RAYMOND N PASCH RAYMOND N PASCH 5500 NAVARRE LA HAYZATA MN 55591 58 17-117-25 64 0099 00058 ADDRESS UNASSIGNED CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55559 58 17-117-25 66 0100 05582 SHORELINE DR GLASS II PARTNERS DOlULD MCCARVILLE 5582 NARTCR LA MOUND MN 55566 • V • ^ X PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 58 17-117-23 66 0101 05560 SHORELINE DR Lie KOEHNEN LEROY I CAROL KOEHNEN 26020 VALLEYWOOD EXCELSIOR MN 55551 58 17-117-25 66 0102 02585 SHAOYIKXX) RD S H SCHMIDT I S J SCHMIDT STEPHEN H SCHMIDT 2585 SHAOYHUOO RD BOX 15 HAYZATA MN 55591 58 17-117-25 66 0106 02506 SHADY>«X)D RD PHYLLIS HENDERSON PHYLLIS HENDERSON 2508 SHADYHOOO RD HAYZATA MN 55591 1 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 17-117-25 66 0107 02506 SHAOYHOOD RD CRAIG ALLEN BORCHAROT CRAIG ALLEN BORCHAROT 2506 SHAOYHOOO RD HAYZATA MN 55591 58 17-117-25 66 0108 C2260 BAYVIEH PL JACQUELYFfI J SEGNER JACQUELYNN J SEGNER 2260 BAYVIEN PL HAYZATA MN 55591 58 17-117-25 66 0109 05286 NAVARRE LA GRACE MARIE DAHL GRACE MARIE DAHL P 0 BOX 222 HACONIA MN 55587 4' PROP ADDR (MIER NAME TAXPAYER f4A^C/ADDR 58 17-117-25 66 0110 05290 NAVARRE LA CHARALAMPOS MARINOS CHARALAMPOS MARINOS 17600 SUSAN U MINNETONKA MN 55565 58 20-117-25 11 0002 02620 SHADYHOOO RD VOYAGEUR SERVICE CENTERS VOYAGEUR SERVICE CENTERS CO RD 15 I 19 NAVARRE MN 55592 58 20-117-25 11 0015 02665 SHADYHOOO RD 1ST NATL BANK OF NAVARRE 1ST NATL BANK OF NAVARRE CO ROAD 15 I CO ROAD 19 NAVARRE HN 55592 PROP ADDR OHNER NAME TAXPAYER NAF.E/ADDR 58 20-117-25 11 0017 02655 SHADYHOOO RD JARIBO INC JARIBO INC PO BOX 95 NAVARRE MN 55392 38 20-117-25 11 0018 02655 SHADYHOCD RO P M ENGLUNO ET AL TRUSTEES PAUL M I JEANrm M ENGLUNO PO BOX 95 NAVARRE MN 55392 38 20-117-25 11 0026 05355 SHORELINE OR MGT COMPANY SUPER VALU STORES INC CORPORATE TAX DEPT PO BOX 990 MPLS MN 55660 RUN DATE 07/26/96 BATCH 506 HtrtCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0HNER3 LIST REPORT NO. PI635601 PAGE 18PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 58 20-117-25 II 005200058 ADDRESS UNASSIGT^EO 1ST NATL BAIT OF NAVARRE 1ST NATL BATiC OF NAVARRE P 0 BOX 125 NAVARRE MN 55592 58 20-117-25 11 005602500 SHADYHOOO RD FRESHNATER FOUNDATION FRESHHATER FOUNDATION SPRING HILL CENTER 725 SIXTH AVE N HAYZATA MN 55591 56 20-117-25 11 005900058 ADDRESS UNASSIGNED FRESHHATER FOUNDATION FRESHNATER FOUNDATION 725 CO RO 6 HAYZATA MN 55591 PROP ADDR OHNER NAra TAXPAYER NAME/ADDR 5d 20-117-25 12 0056 05625 SHORELINE DR RICHARD H KEAVENY ETAL RICHARD M KEAVErJY P 0 BOX 59 NAVARRE m 55592 58 20-117-25 12 0055 00058 ADDRESS UNASSIGNEO KELLY COVE HMOHNRS ASN/ORONO KELLY COVE HMOmRS ASN/ORONO C/0 KIM GOEBEL 100 S STM ST SUITE 2500 MPLS MN 55602 TOTAL BATCH 506 00095 '“'i b; j 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 KNOWLEDGE AND BELIEF. . . y ^ btOOi?DATE CITY OF ORONO 27S0 K«ll«y Pmncmwf, F.O. Ipi 66 Crystal Bay, MN SS323 Fhona (612) 473-73S7 Fai 473-0510 MQTICg The Planning Commission wB hold a public hearing in me Council Chambers at 2780 Kelley Paricway on Monday. August 19.1996 at 7 00 p.m. on me matter of Application 82158. John OSullivan's request lor rszoning Of me former Grace Baptist Church property at 2380 ShadyiMOOd Road from LR-iC Single Family Lakeshore Residential to B-5 Limited Neignbomood Bigness District The subject property is legally d^chbed as follows: Lou 19. 20. 21 and 22. "Wiley’s Navane Addition, Lake Minnelonka*; arxl aU mat part* of'Lot s; Brock 3. Tbwnsita of* Lerwlnn Park amaaibmti inanw*.-.. ^ ILangdon Park described as loiowsc BegKinra.atib6 northaasteriy.Gf^ said Lot 5. mnce northwesterty alo^ tl ol me northerly line of said Lot 5 to the noftheasteny Ine of the public highsray runrung across said Lot 5. arxl known as Minneionka Lake Park and Maple Piam Road (now County Road 19) thence soumaasterly along the northeasterly line of said road to the eeaterty line of Lot 5. thence northerly along the easterly l ne of said Lot 5 to the point of beginning. And That portion of Navarre Lane kxated northwesterty of the southeasterly 33 feet thereof lying between me northeasterly nght- of-way line of County Road and thf soufheasierty extension of, the southwesterly line of Okve Avenue. The property proposed for rezonno is mdcatad on the attached map. Ail persons wishing to be heard wB appear at mis time Written corrsnenu are sokciled. Conosptual plana for use of me site are available in the City offices .for review, by appointment. City of Orono By: Planning Commission Michael P. Gaffron. Assiitant Planning a Zoning Administrator (Published m The Laker and Pioneer August 3. 1996) iMCi- Affidavit of Publication ---- State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331 A.07. and other applicable laws, as amended. B. ) The printed . (j imcdim (Lif>[!//r '{)l/onldht cn is alracTOtl iwhich is attacffetf was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was first published Monday, vlday of.fliimh 19?4-.the. and was thereafter priiited and published every Monday, to and including Monday, Subscribed and sworn to me on this l^R.STI HOLM NC t-UBUC^kMCaOTA MV COMM. Expwca i<at-4ao0 nwarr?ubiic Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05. Si- •! I'j. !r*»c tt ‘4- A' I.L .f • • « iV.v t-;' n • • I:'-; :. • K'-y-o •.• •I * '• # •• I • • • • n? rt .••• ; » •• • S.-. •.•••■ . -• • ' •• # • * '4’: •* .» • Vl. ^ .. r:- \\ • • • ! ;% k . •I •. * I*. • V ^ \ S 10.43 E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet to any rear lot line, 15 feet^^o any side lot line, 35 feet to any side lot line adjacent to stre^et; except when abutting or across the street from an "R” District, \jo building shall be less than^. 35 feet from such lot line.\ \ \/ F. Fencing. Wherever /'a "3-4" Office and Professional Business District abuts an ”R‘*" District along the side or rear lot line, a fencV^or compact evergreen hedge not less than 50% opaque nor less than^ix feet in-height (no less than three feet nor higher than four feet adjacent to street) shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. See Section 10.40, Subdivision 6, Subparagraph G. H. Drainage/ No land shall be developed and no use shall be permitted that ^sults in \ater runoff causing floods, erosion, or deposits oiVadjacent proWrties. Site and drainage plans shall be submijtted by the applicant in such detail as required by the Council and those plans'shall be reviewed by the City Engineer before submission to the P'l^anning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding \area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be cons is tent /w i th other applicable regulations ^ or City Code provis ions' and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. • ^ I. Height. No structure or building sliall exceed 2-1/2'^ stories or thirty feet in height except as provided in Section 10.75.•• SEC. 10.44. B-5 LIMITED NEIGHBORHCX)D BOSINBSS DISTRICT. Subd. 1. Purpose. The "B-5" Limited Neighborhood Business District is intended to provide a district for businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, which businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The district may adjoin residential districts or other business districts which are subject to more restrictive controls. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the "B-5" District as contemplated in the area known as Navarre in the City, the uses are limited in order to limit the hardcover in that area and to limit the future generation of traffic for that property in that use district since there is already a traffic problem in Navarre. ORONO CC 347 (4-1-84) £- S 10.44 Subd. 2. Application. All applications for a building permit in any ”3-5’' Limited Neighborhood Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-5" Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council; A. B. C. D. E. F. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. estate office. G. Banks, loan company, insurance company, real H. I. J • K. li • Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift store. M. N. O. P. Q. R. Glassware and pottery. Antique store. Jewelry store. W^tch repair. -ibrary. Museum. S. T. U. V.w. Record shop. Mr.sic store. Tobacco shop. Calleries. Pet shop. Subd. 4. Conditional Use. A. Within any "B-5" Limited Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store. 2. Drycleaning store. 3. Tailor shop. Pressing and shoe shine shop. Laundry and cleaning pick-up stations. Home and garden equipment rental. Veterinary clinic. Kennels. 4. 5. 6. 7. 8. ORONO CC 348 (4-1-84) K § 10.44 B. Off-Street Parking. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another "B" or "I" District and is in the same ownership as the land in the ”B" or "I" District and subject to those conditions as set forth in Section 10.61, Subdivision 4 and other such conditions as found necessary by the Council. C. Public Service Structures. Including, but not limited to, electric transmission lines in buildings such as telephone exchance stations, booster or pressure stations, elevated tanks, lift stations and electric power substations. Subd. 5. Accessory Uses. within any "3-5" Limited Neighborhood Business District, the following uses shall be permitted accessory uses: A. Garages, Etc. Private garages, off-street parking and loading spaces, as regulated in this Chapter. B. Signs. Signs, as regulated in this Chapter. C. Temporary Buildings. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed timf' necessary to complete said construction. D. Landscaping. Decorative landscaping features. E. Fences. Fences, as regulated in this Chapter. F. Incidentals. Any incidental repair or processing necessary to conduct a permitted principal use, provided that the incidental use shall not exceed 30% of the floor space of the principal building. G. Public Telephone Booths, Subd. 6. Area, Height, Lot Width, Setback Requirements and Design Requirements. square feet. feet. feet. A. Area. The minimum lot size shall be 20,000 B. Lot Width. The minimum lot width shall be luO C. Front Yards. The minimum front yard shall be 20 D. Rear Yards. The minimum rear yard shall be 30 feet; side yard adjacent to "R" District shall be 15 feet; side yard adjacent to street shall be 10 feet. E. Setback Requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from any rear lot line, 15 feet from any side lot line, 35 feet to side lot line adjacent to street; except abutting or across the street from an "R" District, no building shall be less than 35 feet from such lot line. ORONO CC 349 (4-1-84) f. - - 1 s 10.44 F. Fencing. Wherever a "B-5” Limited Neighborhood Business District abuts an "R" District, along the side or rear lot line, a fence or compact evergreen hedge no less than 50% opaque nor less than six feet in height shall be erected along the abutting lines except within the required front yard. G. Building Design and Construction. In addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick, or, (b) Natural stone, or, (c) Specially designed precase concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or, (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, or glass. (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. H. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 350 (4-1-84) g-S s 10.44 I. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. Source; Ordinance No. 138 Effective Date: 11-22-76 (Sections 10.45 through 10.49, inclusive, reserved for future expansion.) ORONO CC 351 (4-1-84) E-S ■iA.' ■ ■ - r - '*i» ■ !: >. LAND USE JUNE, 1980 If the individual development's density increase or impact is. relatively small, or the layout is not conducive, to public land dedication then in lieu of lands \he developer may be reokTired to contribute fund\ for the municipal purchase of such lands or the improvement of s»^h facilities proportionate to th e cumulative efrect of such density increase from multiple ^all developments. \ 17. NO LAND WILL BE DEVELOPED U>fLESS IT'S LOCATION AND PHYSICAL CHARACTEPISTICS ARE SUITABLE FOR THE PROPOSED USE IN ACCORDANCE WITH THIS PLAN. Land t^^e developed must be of such size, character a^Nl^^ocation that it can be safely used for the yj^endyd purpose without danger to health, without peril from fire, flood or other occurrence and without undue impact upon neighboring prop^/ties. / No land will be permitted to be SsUbdivided or built upon which is held unsuitable by t^e City for tho proposed use because of flood hazar inadequate drainage,^soi1 formations with sever^limitations for development, severe erosion potential, unfavorable topograjohy, inadequate water supply or sewage disposal capabilities, or any other feature likely to be^harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community. URBAN LAND USE POLICIES 1.THE MAJORITY OF ORONO'S URBAN AREA WILL BE RESERVED FOR RESIDENTIAL lAND USE. Orono's urban residential neighborhoods will provide the opportunity for a variety of housing types and price ranges. Many urban residences will be intimately associated with the lake shoreline and will be subject to density restrictions because of sensitive environmental conditions. Low-density multi-family residential uses will be limited to locations near existing shopping and transportation services, but will not be appropriate within 1,000 feet of the shoreline of Lake Minnetonka. CMP 4-16 j i LAND USE JUNE, 1980 2. i i 1 1 1 A J J i I 3. 4. 5. LIMITED COMMERCIAL AREAS WILL BE PROVIDED FOR NEIGHBORHOOD SERVICE BUSINESSES. The prinary function of Orono's connercial creas will be to provide those retail, commercial and service businesses which are directly necessary to serve Orono's urban and rural residents. Commercial development will be limited to areas where full urban services, including municipal sanitary sewer and adequate transportation are available. Commercial development of a regional nature which would duplicate existing services in the neighboring town centers will be discouraged. LAKESHORE COMMERCIAL AREAS WILL BE PROVIDED FOR PUBLIC ACCESS AND LIMITED LAKE-USER SERVICES. Orono's residents and other lake users require lax^ access, fishing supplies, boat service and boat repair facilities which are unique to our location on a recreational development lake. Orono's Land Use Plan will provide locations for such special-purpose businesses where appropriate from both the land use and the lakeside environmental standpoint. No use or location will be permitted to adversely affect the lake quality or the public's general usage of the lake. All lakeshore commercial is to be limited to areas where full urban services, including municipal sanitary sewer, and adequate transoortation are available. THE CITY WILL ENCOURAGE PRIVATE UNIFICATION AND COORDINATION OF THE EXISTING COMMERCIAL AREAS. Unplanned strip commercial developments will b* di couraged. Coordinated projects assigned to aesthetically enhance, unify and identify the business areas will be encouraged. FUTURE INDUSTRIAL DEVELOP..ENT WILL BE LIMITED TO THE AREA OF THE EXISTING INDUSTRIAL PARK. No other location in Orcno combines the availability of transportation and public with remotenejs from sensitive environmental features. In addition, this land use is entirely consistent with Long Lake's neighboring industrial development. T CMP 4-17 LAND USE JUNE, 1980 6. COMMERCIAL AND INDUSTRIAL DEVELOPMENT WILL NOT BE PERMITTED TO ADVERSELY AFFECT NEIGHBORING RESIDENTIAL PROPERTY. The location and scale of commercial and industrial development will be controlled so as not to encroach upon the primary residential land uses in Orono. Wherever possible, natural land forms or buffers will be required between different land uses. 7. PUBLIC URBAN SERVICES MUST BE AVAILABLE FOR ALL FUTURE COMMERCIAL, INDUSTRIAL AND URBAN-RESIDENTIAL DEVELOPMENT. Commercial, industrial and urban-density residential uses will be permitted only where municipal sanitary sewer, adequate transportation, police and fire protection services are available. In addition, commercial, industrial and multi-family residential development will be permitted only where a municipal water system is available for adequ'.te water supply and fire protection. 8. URBAN DEVELOPMENT WILL UTILIZE THE CAPACITY OF EXISTING PUBLIC FACILITIES. New land uses and development will be allowed to infill existing vacant properties within the urban service area consistent with environmental limitations and with the existing capacities oZ water, r-;ewer , drainage transportation and recreatioj.al facilities. New development will not be permitted to overburden these services at the expense of the existing urers. New urban development will not be permitted if it requires additional unplanned local or regional facilities capacity. 9. THE EXISTING URBAN AREA WILL NOT BE EXPANDED. Orono's Community Management Plan is not a staged growth plan. The urban service area will not be expanded into the rural area and urban services and facilities will not be extended into the rural area for purposes of fostering or allowing increased development in those areas. t J 10. THE DESIGN AND DENSITY OF URBAN DEVELOPMENT WILL BE CONTROLLED TO ASSURE PROTECTION OF LIGHT, AIR AND SOLAR ACCESS FOR NEIGHBORING PROPERTIES. Requirements for minimum lot size, amounts of open space, minimum yard setbacks, and maximum building heights will be designed to assure protection of these values for all urban residents. CMP 4-18 I 3 « I i I J 3 4 J J 4 I 4 i 1 AND USE JUNE, 1980 11. A SIGNIFICANT AMOUNT OF NATURAL WOODLANDS AND OPEN SPACE WILL BE RETAINED ON EACH PROPERTY. Retention of the natural environment requires careful siting and preservation of trees and open space on each urban property. 12. LAND USE STANDARDS WILL LIMIT THE IMPACT OF URBAN ENCROACHMENT ON LAKE MINNETONKA. Minimum lot width will space out docks and structural encroachments while increasing areas of natural vegetation. Lake use regulations will limit the number of boats per property and the amount of public waters available for private docking and boat storage. I1 13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limited to less than the typical tree height. Minimum green belts will be provided with pro­ hibitions against clearc.*tting or excessive thinning of vegetation. Natural vegetation will be preserved on slopes and retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case they will be screened with natural vegetation. RIIRAl. LAND USE PSlLlCIES 1.SER^CE AREA WILL BE RESERVED FOR PERMANENT LOW-DENSITY orolling/rural area dlture.ercial agri lance of ORONO'S RURAL RESIDENTIAL LAND USEv^ Orono is not suitable for co Likewise, the delicate nutrient loading vs marsh! preclude expansion of the ur major environmental proble Therefore , the ideal land/^ise fS^^^that portion of Orono located outside yt the Urban\Service Area (MUSA) is the planned/low-density rvhsal residential land use. Comnerci^ and industrial uVes will not be permitted in t>fe rural area. torm water ^imilative capacity service area without r Lake Minnetonka. CMP 4-19 Bm .ll '2- i I : I LAND USE JUNE, 1980 i i URBAN COMMERCIAL LAND USE Urban comiaercial development is limited to two areas which are provided with all the necessary urban services and facilities. The major commercial center of Orono will continue to be the crossroads center of Navarre. This area will provide sufficient opportunity for neighborhood retail and service businesses, plus adequate professional offices, to serve the needs of most Orono residents. Accessory functions such as offices and owner- occupied living units or limited multi-family developments will be considered appropriate in or near the Navarre commercial area. /n additional limited commercial area is designated on Highway 12 adjacent to similar land uses in the City of Long Lake. This area has utilities available from the City of Long Lake and will provide neighborhood services complimentary to those available in that City. .-3 LAKESHORE COMMERCIAL LAND USE Lake access and la)^ user service businesses are appropriate for a lakeside community arid require a lakeshore locat^n. Special performance standards are necessary to assure pr** section of /the lake environment and protection of neighboring properties. z' The primary purpose is tcAoermit tliose functions that are directly necessary to support norma\ lake-use activixies such as boat launching, boat service, boat repairs ^d fishing supplies. Lakeshore commercial areas are not intended for tj^ical retail activities, including boat sales, which could be accomplrished avay from the lake. Accessory functions such as parking, wintVr sto/age and caretaker facilities will be appropriate in the lakeshore \0m5rercial areas. One lakeshore commercial area is /iiVdicated on the Land Use Plan along Maxwell Bay where resorts and marinks have historically existed. sanitary sewer is available for boat s^itatiX^ purposes. Expansion of the existing facilities is limited howevey'by surrounding residential neighborhoods, luck or public transportation, and environmental constraints including a crowded bay. Therefore, on4.y the one c^tiguous area is considered appropriate for dedicatioi/ to this use. Additional lakeshore commercial facilities'^o exist along County Road 15 north of Tanager Lakejpridge. This area has\fewer transportation and snvironmcnta problems than Maxwell Bay, but is not designated in this Plan for commrcial use because municipal sewer: and other urban services sre not available. This area would be considered for future lakeshore commercial designation should sanitary sewer become available as projected in ^he CSPP Facilities Plan. CMP 4-26 exM.' JUNE, 1980 ich are provided The major commercial er of Navarre, borhood retail and to serve the needs ffices and owner- nts will be considered Highway 12 adjacent ea has utilities eighborhood services riate for a pecial performance e environment re directly boat launching, lore commercial icluding boat Accessory facilities will Jse rlan along existed. Sanitary 3ion of the exisrring L neighborhoods, aints including a 1 considered County Road 15 lortation and isignated in this • urban services :ure lakeshore .able as projected >Q5c/) I I rrr^?> .70-d-- V .» V. r /'r? / „ i i m ) u / • -VA .'0 ?: • Li . t/i T1m h 1.1 •r*) s* • *” i' j • ••••••••••••••••«••«••••*#%••••••••••• •••• • • • •••••••••••••••••••••••••••••••••••••••••a* e^ *•••• •••••••••«•« •••••• • % •••»•••••#•••••••• . » • • •••••••••••••^♦••••eaaeeaaeeeeeeeaeeeeeeaee* • *••••••••••• 9 •••••••• 9 • % 9 ^ m • m ^ \ ^9 •9999»99999999999999999*99%999999999999999999 f « • • 9 9 9999999999999999999999999999, 9999999%999 » 9999999^99999999999999999999%9999 - ♦•«•••••••• » JT 999999999999999999*99999 *99%99999» 9-9999999 ^ ^ 9999999999999999999999999999999999* 9 9 9 9 9 9 • J ^ 999999999999999999999999 999%9999999*9999999 ‘9^^ i.r !•X•^X•^^^!•^X•^X•X^X^•XvX^^^vX*X•X^'’1 V'i'O 0 I* • ' • . V. 4' •N V • : \\ % X* »)l*^**‘‘-*‘****’*'‘****‘»*.*.*‘‘‘***‘*********‘***»****Vr-" I? 'r. 'V' mmam v*j Q O d O ‘ ---------- I *4^ *V C. I \ ‘vV< • !l b-V' «\«;n V *.» r-^ , *■ ,/Ji • l^:r imm '!•' A I. • * |: / f* i □ HD □ •e' J ' ■^. ('4 1- j.' tn ^ fV <MU.3 7^ Ln umn II awtjwl/ CB (0 9, Ocr 00 —( 73 d •H 4—4 o > oo m TOo TO d TO TO m LT) »—• o m > d) TO m uo TO d d 1 d TO TO TO 03 03 s: >y>>a f—z:ei TO TO TO d m m m t/J 00 CO C/)m »—4 •—4 4—4 0 0 0 “XTmmm1— -H -H -H 4—4 4—4 4—4 :>5=»>> r—r~r cn -i -- >no y> 0 0 73 TO di d>rn tn 73rn V, t •/ / r I ^ REQUEST FOR COUNCIL ACTION DATE: June 20, 1996 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Referral of Development Proposal to the Planning Commission for Sketch Plan Review For Property Located at 2380 Shad>-\vood Road (former Grace Baptist Church Site) Involving a Rezoning of Residential Propert>* to Commercial List of Exhibits A - Site Plan B - Comprehensive Plan C - Street Elevation John O’Sullivan and Erwin Smith propose the submittal of conceptual plans for the commercial development of residential property to the immediate north of the former Martin Service Station property. The proposal consists of two structures, single stor>’ bank with roofed drive-in teller facilities and two story office building. Review Exhibit C, the applicants propose a mLxed office use with limited retail outlets or store fronts at the lower level. They have suggested retail uses such as a pharmacy, floral shop, card or specialty shops. The only district that lists office uses with retail is the B-5 but the purpose of the B-5 zoning district is to provide businesses that supply commodities or perform a service primarily for residents in the surrounding neighborhood, w’hich businesses are not high traffic generators and do not necessitate an inordinate amount of hardcover. The code notes the district may adjoin residential districts or other business districts which are subject to more restrictive controls. The code goes on to note that because of the location of the B-5 district only found in Navarre, the uses are limited in order to minimize hardcover and the generation of traffic because of historic traffic problems in Navarre. The proposed intensity of uses may pose a conflict with the B-5 zoning district. All-*/, in'* proposal involves two principal structures on one parcel. This requires a planned unit development (P.U.D.) The City code does not include the P.U.D. option for the Navarre area. Applicants have also been advised that the comprehensive vacation of Navarre Lane was not approved by the Council and they advised that they would once again seek to vacate the remainder of Navarre Lane as originally proposed and that they would be willing to grant a bike trail/pedestrian walkway easement through the property. In fact they noted that the walkway or bike trail could be located within the landscaped pond area and outlet at the north of the propert>' rather tlicn at the busy intersection. Request for Council Action continued page 2 of2 June 20, 1996 Referral of Development Proposal During the review of their previous application (Application #2107), the applicants were advised that any rezoning of areas within Navarre would be done on a comprehensive scale or study. It is the intention of the applicants to move ahead wth a rezoning application specific to the parcel at 2380 Shadywood Road. The applicants plan to proceed with informational meetings for surrounding neighbors within 600' of the property. The meetings are scheduled the last week of June to be held on two nights specifically a Tuesday and Wednesday of that week. It was my understanding that Council members as well as Planning Commission members will receive invitations to the informational meetings. Staff has also been advised that the applicants have the support of many of the residents of the surrounding neighborhood. COUNCIL ACTION REQUESTED: Motion to approve/deny the referral of the preliminary' development proposal for property at 2380 Shadywood Road to the Planning Commission for a sketch plan review. 4 Kt (0'<^uUmn4^ V LAKE MIWNETONKA _y ■i exM ■ J County Roads 15 & 19 • P.O Box 65 • Navarre. MN 55392 • (612) 471-0725 Navarre Auto Repair • (612) 471-7554 / iXiJ C (TV C- ' U AU, ^ ^ _ ^-GV. •K <r>\ ■/ I y m ^ -f- -L ' : :So 4 // 7 /H % O' / DAN CLAUSEN Rt’^ii'iuil E-^eaitiye Director Phone 612-571-7933 ha\ 612-571-8017 7260 L'mversily Avenue NE Suite 1 10 Fridley. .MS 5.^432 e m.nil: nccba<? .lol.eom K. North Central CBA ■JUL 0 July 2, 1996 Nlikc GofTron City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mr. Gaffron: I am writing to inform you that we are joining with John O’Sullivan as applicants in the petition to rezone our property at 2380 Shadywood Road (Grace Church). If you have any questions, please feel free to call my office at 571-7933. Sincerely, Rev. Dan Clausen Regional Executive Director North Central Conservative Baptist Association DC:rt cc; John O’Sullivan Providing resources for church growth and church planting. L. <5 I I ^<5 r^s y/^ 68/ "^(66) (ic6)y V (731^,6^ -43.:^ ^ M * /.y^ -7 A \ ' V/ ' ^5 “ y '' (64)/ 26 '( 29)/28 30^29,^ / / \ 3 1 ')/ JQ i/ c§y35«J, / 21 ■'^*(84),^^’ I ^ \ -7^ \ /'.— <7^ ^ ^'vV " (32)y 3, / (33) ^ .'V Sl6 ^ ®y -y^oA-'^,! \X" A 21 A '^'(77)'A^S9A - - - - _ ' 2 j(78) ^^5 50.1: 9' i ;"A 26 vr> • I 1 m * 1a iC g(!oo) : r^i •)C 104. 5 ! 1 m: \ T-38 \ 00 C 54 14703 ^ ^ M 60 '50‘E 291.0 X :;; ..■20.42 _____-A*‘. COC NO 2005109-^ 1000*TO UAH^ \ V \ ( 24': ^5 r-55'-^' 6I.‘l^ ‘‘^30 *49'25-£ (2) M-/ Proposed Development at *340 Shoreline Drive, Navarre The purpose of this project is to build a sit down, family restaurant, 4300 square feet, with drive-thru food service. The fresh food and custard menu fits somewhere between a McDonald/Burger King concept and a Perkins/Baker's Square restaurant. The customer will order the food at one of the register order points. The food will be delivered by staff to the table where the customer is seated. The restaurant will contain seating for 99 customers. We are going to combine this concept in the same building with an O'Sullivan C-Store. The restaurant and C-Store will utilize the same uliiity/restroom core of the building. Eight fueling points will be available under a full canopy. The brand of gasoline will be the same as the present O'Sullivans across the street. The store will offer a normal C-Store selection of products including coffee, cold drinks, bakery, roller grill products and cold sandwiches. A mini-tunnel service car wash will be built on the site. The equipment will include a conveyor system to pull the car through the ninety (90) foot car wash. Most of the equipment will be touchless spray applicators with a "shaker- curtain" and quarter panel soft cloth rollers. This development exceeds the vehicle parking requirements for the proposed used. The development is Phase I of a two stage development. We will follow this r^uest very shortly with a plan to develop the property to the adjacent north ^ ^ with a retail and office development. ' e>4, >M-Z- f^-cPo'v/Vo Proposed Development of 2380 Shadywood Rd., Orono, MN We propose building a Light Retail/Office Building on the subject site. The primary tenant would be a full service bank, with drive-up auto tellers. This will be a single story building with a roof over the auto tellers. The other part of the building will be two story construction with permitted retail allowed under B-5 zoning. A walk/bike path will be constructed around the north perimeter of the property. A storm-water holding pond is being constructed as a part of the O'Sullivan C- Store/Restaurant Development Plan and is designed to incorporate the run-off from this development. Run-off from Olive Avenue has also been included in this design at the request of the City of Orono. We are requesting that the City of Orono vacate the north thirty three (33) feet of Navarre Lane. We will grant utility easements as required. A copy of the development proposal for O'Sullivan's C-Store/Restaurant is attached. We stated at that time we would be submitting this Retail/Office Development proposal. •4m - y:- * V ' • ''v*’V -AN • W . f • V .■<:%*; >.;»'':X('l, --K'.i' • V*«VV-.’1‘M4- f ’ w •/■* ' *. 1/< f- - , .•♦ j^rX _i - -v:v. •• ■ v^' . : • • . > • \ • *• * ••. *«.•* • ••• • V..•..-V ,r *•. V . * • '• - * - i .♦ • ' , ■ V..; .-'V >.-.-v:. ■•;■••:•!• ..j: ■ -y ?• -r v:* *f . • • #. L vv.* *r.,. > r=i'P il'K !';;l |#S^J k. . .'L'T'% »wit'l?^y ■ y ^ ferric-V\ • mJteaS*;/;.. / : ,Mf... \f^ m w-;- ' 3-SiS mM 7/. .•' • • ’♦'t • ' ,.‘* »■*•‘‘ , •'!' '' m>M v:^!v‘::,;^;kx i^i^-,;;;::;,^!}) ii;. '4 4. »’4- '-‘^ • • ' \V*' • U zt ■ B».S.?^4S v.vt; . ■ .• • ' ^ ' *• i* ■’ * ^**1*' ’ J ^ ■ . ..,.*• ;4.;i •>.•*•; - v,».;- * ’• "■■■' •V’;t,;'^‘4'-''*.TT;:y^^^^ a • ••., v>-- >.• -■ •V.‘ - 4. :^ ‘ b'I \: ) .\ • / • . ••• '• 4* ( ,.• 4 ! •> vf I 1 i \ « ip» m % W tA i?' y.t" Vv*." ,^v.v Pf .* \ \‘- ••" I' ^;W\;. •r^.<v I0f .i. I :»V. *';' ^*.- ’ ' //<: •• • ^.. y »v- . M V'l ji^; V ■ A'V.' V.', •■• •■.-'/ ■ '-.■V.' -V : •• . • > • •■.•.; • •■?,>■••• .-V-'• ■■•■•• :■■ ^ •«.• •'■ •; • ;•/. i * ; • »vi^ ‘ :**'***.., V , ' ''■t -'..V-, .. ;v- . : ..••'■/. ■■/r-.V'-- '.'■’■•■ • r- . ... .•.. ■• • ••• <■••.•■• r--.--.. ’ :■ •• ’ ■' ‘y*:*-* < . <r ' . **< • » •. i ...» / , *».; •'•, - . :• • . • •»' ‘ ‘ \;7** ■ ‘‘'.•V • • ' v :3%-y ■■-:•■ ./■ IV.- - " . *•• . - y.-r"/- II ? i'V i ,^ •■ 4. , * . .. . • . ‘ '••>4 •' ■■■ ■■ - Sll - • . ‘ V .Vi-, .. ' . 1‘. )•f*.r’ ;t ; .V. v, ••; V'v> V a ■ ■ • •*! '.* .•■.••■ ■••■; ,> • ■ • ...■s i'. i'V* V ' v-,*. /V'.. ‘:V'V m.i r? * •- *. ' •' >‘ • ,. •• '• • - ..A. «• .» . ' . . •. ' • w -V*\ Sy*?- '/ 1 • .r'.’••;••>.1 I ■ r-:. .-^.- :~\rc ■ ■ '.. .■■•'■ ■•. H i liSi ?! 1^ w»3 Wim :«iim !i ; ■> : " '/y'•• •• i. - . * j' y *• • *■ i . -**•*, -*■ y * f »•'- J-m i...» / .•id f/. .»r.l n :: riaa ■r™ ^”...4 t,. 5s* . 3i ."' ''"'i LJ if r ' •• • • ‘ • £ ' , iVv. • I* ♦.*■• V- A/f, ', »« 1;.!! 'g: :y-in iM'iiii I T. • -h f .MM|i:ph ..i 1-1,1" 4 It •' > ■; ■/ - A\- - j 'iU'IC JT' •'.>7:' f- - ; .V. *44^7.. . . . ^ ^ ORONO CITY COUNCIL P.O. BOX 66 CRYSTAL BAY, MN 55323 August 5, 1996 Dear Council Members, We are writing on behalf of the proposed use of land at County Rds 15 and 19 in Navarre. We would be attending the meeting of the Planning Commission and Council, but we are going to be out of town. We live at 2525 Kelly Avenue and have for 19 years. Previously, we lived at 2650 Kelly Avenue for 5 years. We are very much SUPPORTIVE of what John O^SuIlivan and Erwin Smith have proposed for that lot. We’ve spoken to them at length about their plans, and feel this would be an improvement to that comer. After living in that neighborhood for 24 years, we have seen little improvement in Navarre. Please do not vote this proposal down. This may be our chance to begin to improve the blight in Navarre, and John O’Sullivan has demonstrated that he is a good businessman, interested in the improvement of the neighborhood. Sincerely, Skip and Cathy Troyak 2525 Kelly Avenue Excelsior, MN 55331 471-7331 c.c. Orono Planning Commission K\)>0 place to live. Every city needs a thriving business district to help define its character. John O'Sullivan has proven himself to be an able businessman and friend of Navarre. Please allow him to finish the good things he has in store for us. Orono needs what John has to offer. Richard P. Meyers Resident - ATrcrr f ?c^ S.,> __—AUG.:-.2 :u.c______ — -Qy^Ji -.B'^.,./J/j.....£s “jfj.?. _ ~l----------------------------------------- ------------ ^ ^ ____________ — 'll... j/rr-^ ,^jC ^ -.- ■■ 0;-y>____ ►‘^'tSL___ 7 7 j A4. ---,r£Hp -l^ij..cL_ oJlyoyti__ jiii—7Z. Ronnie ’s Navarre Dry Cleaners BOX 31 NAVARRE. MINN 55392 471 9663 . r - 'i. \ ^ / —1 — ■■ - ' yar — I , - - y wT- A f lake MINNETONKA ANIMAL HOSPITAL, Inc 3572 Shoreline Drive Navarre. MN 55392 Telephone: (612) 471*0911 o //^. r 1 rr.-c>n 7.4 Co{^j:-r 'j /W /■/. / I't ^ 'I fj /t^<^ r \ 'TU-^ ■/!<: A-vt ^vV ^JfCCeT-i:, )f A ) iyji \‘y d *-p .'O V t- 7 Gr-c.^ Svw' “ / ■/. A /?6-7 A «=' /c C 7' J'k>-i f /Azkr ' •, e i-‘*‘ ■. ^ August 19,1996 Orono City Council P. O. Box 66 Crystal Bay, MN 55322 Orono City Council: As an Orono resident and taxpayer I am writing to you to show my support with regards to rezoning the Church property in Navarre. Currently the property is unproductive, does not pay taxes and is an eye sore. 1 have reviewed John O’Sullivan and Erwin Smith’s proposal and believe this plan is in the best interest on our community. Besljlegards, Dougls^R. Seabolt 1800 Shadywood Road Orono, MN 55391 471.0470 CLAIR AND LYNN ROOD / 3280 NAVARRE LANE / WAYZATA, KN 55391-9253 TEL; 612/471-8548 FAX; 612/471-7444 August 19, 1996 Mayor Callahan Orono City Council City of Orono Building and Zoning 2750 Kelley Parkway Crystal Bay, MN 55323 Dear Mayor Callahan and Council Members; As neighbors and concerned citizens of the Orono Navarre area, we voice our support for O'Sullivan’s Phase II building project. In our opinion the current vacant church building is not only an eyesore to our business area but is situated too close to County Road 19. V7e feel the O'Sullivan project will enhance the entire area as well as attract additional needed seirvices to our community. We would encourage the council members and the mayor to vote in favor of re-zoning this lot so that Mr. O'Sullivan can move forward with the completion of his project. Thanking you. / Clair T. Rood \ fiir /^EaAA/A<C» 2*.; * Date: August 19, 1996 To: Members of Orono City Council & Planning Commission From: Brett &r Robyn Hallonquist 3324 Navarre Lane Navarre Re: Rezoning of Grace Church Property in Navarre We strongly support John O'Sullivan's proposal to tear down Grace Church in order to build a bank and office building on the site. This rather high-traffic area is suitable for certain business settings, and we, as the neighbors directly behind the site, would prefer a bank to most other proposed options. The business-day hours and secure conditions of a bank make it a good match for this semi-residential area, and John O'Sullivan has earned the trust and respect of our community through his other local business ventures. Please consider this in your decision about the fate of this property. SusinJess PeriTitiO /V AJAV^RR€ p.ei F S'2"^ O'SULLIVAN'S CENTER 2300 SHADYWOOD ROAD. ORONO, MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. DjJTE NAME /VPPRESS-^PHONE# V / P/fb/^h //7M'iT4(P^ CjiSLU ^/OJ -/6WO ^-r y')/- Sio^i 9.1 Q\fi f Xi he sh i^^s. ^.0-^ ■ 7^rc\,y/ '/(/^/^^ y^/yyi yn o c> //7/~9^b diATincQ. ^H' ^'dOH ^//(//% Hi L Adyt /k/z/yA. '1^//. ^ 7/ • A(xh ZcZcc ifoY-U’ /^U/v^<y^ ^/7/- C/SS~ 'Vc:- v e-^ 11-0^11 '-/7/-///V f/oA/: J.'.r ^->r'<-7- y//o/\lAl Cj-,'‘ ^^ ‘ 'v '?/ [Lh^ !r^//A /7i7^ ryAy^Ka'/<'^ ^ ^ / X-// '— r H/,'i wr/f. /f / A-, M r^\ (,rd.:. ZeuTH^ y 70'-> 'f 'nA/y^/6:S y'7/ - -'ii- ^ t\77 7 77-- /9 ^'//vt- ^7/'//~ P5'''''2A (O’i^MvanA^ V LAKE MINNETONKA y Occ-r-iAu^ f ^/^^■ DaaO^) /J Ac^a-Vli- <^t^-cf'U3 (la-w^^crx j:aAx4/m /ija-’-'Tjui^ fl0. CC/n'^iLckn '^a^^CJii^ '^'■■ *7^/Z 'f(^ f *'^ ^1 XL^rti ^ I /\ >^ • - f ] ") r< c *. Cy,l^'. U' tH. )lMA.i- > ^'v-C.C .-*• ' i« Za/u ^ ’ ,• -." Cy^2.Mj /^ct-Avs, C^ flliljCL LO Cl I * > *" ■ •‘^ % ’tlajdi^' ^J^^^ 11 /: ‘/■'.‘T X--'->-^c-cZ_ ;tO •J'A • -//.-.tW - • . . ' • -/-/ . _ ^ A - w*. ^ \ i O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD, ORONO, MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO DATE NAME ADDRESS PHONE# ‘^ni 9?vr. Si^Dn HL n Kc, |3r H?/- 7/^3>m&m.'m few U~7\~‘r^‘i/. mu ^ O'A 3^7 7/^-^''^ 3 *1 X,/tj^,,, c7# B :7/^S Ull '^S'SVJ t ^-------- -^cic -* MewA L'ldAy'7. Py .'4'?li^2bh '^AJl ^irn=cRx7^Q'/^~i<:. s'y iPhfe.' br C^ A /)1 ^ 6 11 )■ Py. t \i''l^ t”A EkM.2- -rAc-tlx -------■■* 1 4----1-------/ yj ^■h ^*7 7t>a±{yO'A Q / (7h tr'^- (\jt\U'C ^ 'S'- / O'SULLIVAN'S CENTER 2360 SHADYWOOD ROAD, ORONO, MN PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. DATE NAME ADDRESS 1-1. ■ ( PHONE # At V - /■V -/-7 / ______________________________ _____________________ K^ (l^--- ; i^lf ‘•Z y/^ V 71^ (^Aptyv TTy ____(VfvYe.3 \Viv:jL,A^v.:^ B>6>Y ^x-c^P J <V7/ 7/7' /-ni ~ oi^"? lv\ V7 x/^/f <■ I I - * U/cmJ? Tic *-^7/ ofC^o V73-<7r2-^ " // . cjSi 0 r\ _____ U ^ 7 /^ , ■ >,r /:?„ V7:^-?7rc <7/^<r-73^ ___^7/-fe?c/ ■y/Z77 Ar'^y'7,, 0..7S 'h.,A'/hh^Q / O ) c/ C/ <^/iT S^/./. u / /\?\V. ,i A^/ P Pa :)M \ \j[J PcAc/^ -f f plA^LLoA-^ ^cA -V7A ^S" ~^L. ^ 7^ • fcoM ^/ ' \Jd f]C-t<) J .^ (c 0 0 S /i cr<i- 2> V<y fi<^£6/.og LAkE^lhl^ <fpj/c£ ^7/'Ci^t C/1! — LH^ SKaJuj Y7<~-///7 '-<'71-7 oV //(o6 kj f}r (c^-'^y 3^’ O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD, ORONO, MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. NAME f 7 ADDRESS PHONE # ljjs_7////.£A^dy/-f^f ^ p1 / cAclij O}'___^oAzAS^.ri -c4C,yC frwTJ"(A r ________-C^VViSg «*, ^ J? )V T Z5> 'Jl2l li ^7^ b ^^ -«’•■•«✓ c. ^>yi ALjl ,W''/ -<Stjj- .V S.77I 3 V 7/' Ihj.K IW ------------------------------------- k;e ^ 1 1. • '772. - “S'yw L.L JXPiL 'X^Zi'x‘<>\Ah<PP LaJ y^T-" ^7 7 7 r . . ■ ■ 1 ____1 ___________________^ ^ f ^ '9z - Z5y > • * • / / ■• '; • •9 • . * • : • ■ • ••. • -^ ^ ~) D I f \ ^1>r>^V7^- oLr sa 7lt __(/yC'ur,A^f/.^o -------------------- ---------a?/- 776 "T j Tt^j fh^\-)U i ! i / ^~7! -fc-.c^: - , J ------f - J « \*• . 0 ' • • • •••;,’ ■ ‘ ^ -• . *-• % • ‘ ■ % # ^ ^ % -ZMx^[L ^ l\/ii{/iUf-f Win Wain '^ilh^UrO1If/'* ^ •. /• S »• -----OlrcJi I * ' j ' ^r,! C kj L A.T C/^ ) / -7 7 /J JS:*Mac^v!ijvHji:<,ro4 ?-2</fijo. Sho^ 0^ -------i—L—L---------^ J ^ // yo/ 7:25-^ —iM ^CO led, OaL /jxo\A^‘n/-o7o5' 7-2-H Z. "Z iO A V 7I-U3J> O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD. ORONO MN PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS development plan and want to support THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. DATE NAME ADDRESS PHONE # '7 • ‘ >Pt-hc / jrTLf^'^'Cno ^^4AJt=^7/-1 rzo V/ir |infel0CU 22<JS'471-?4r? V//4 ^\/,K - <'?VT -r__ PrJ —^ f - -------------------------------- ^ Ot* ■ ^6 7 V*v,<.lyyn %yy4ctll. ----*—V—f----------------------- V7 2- - ‘/// i V-/4 5Uw--^ zkL.[, fpSjjJkkl 4^7/- f" K —:—1—! r j_____ H'l \ ~ ^Vo6 y ;>-4^’T_t Vn V?Y- syj:^1.Vu\r\[:2[rr]i4\\]r A^ixiucl H1>Dih1W-i^iAce ---------A ■ / ^——/ /------L_ Vll_-i^575 1 11& (r.L hf yjjT/' I ' ‘i LisO ^ ^ ^ P L- . Cy ;V 7/- oty</ n ^/f/- ^vsz^ <V/;a y>,.yc/ yv ^ r^ci/j?i-l(L^jL:/rV7^.7o 'iLlfb i )?\VxA^ P/./ky UHr^LoiAf -J/iv [^/LK\______________ S-1 -TO 1\ L^)c\v\(\ ——UJ Ts ^7U / / Oc,-7 Z-~ ^2'rz 21^f_0Uy ‘■I'll ■' o ? ? • J ^ot/t / ^ y^^'y-— O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD, ORONO, MN PLEASE SIGN BELOW IF YOU HAVE REVIEWED THUS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. DATE NAME ADDRESS PHONE # Lj^f^ ^tA)^0\j cP7^":> ______iUd^za.h-______V7A^33^ ^^—y/f?? 4^^V7 ^C4. 1/1^9U '3^^£ l3=^\lCg_l^ci^ 12:;?-. nP__Q (>U fi^cac (c- 7c^^rj ,o r IcX (/') i O' ‘If 1-i J.u K ^ Q 2>U fl:(g <: jC^ "57 ^. \. (.. ,. ;^ C> (^Cy<P(Cj P r ^6\ t'^oUdv'->c( f-/i-‘!U Lc< ^cjcc^. T/fijkA l^ay Hu ‘1 CoJc. S'r Oro-nc m (u '^‘2.2-1^’ lil_____*'- ''^ !■--------^-----------j___,________ - ._____________Y?/- >/;3/9^> Lnf''-^ -^J^UA-l- ^5iC. Ctc£:ja (]^,<rh,^ Tli 0393 Ibiilk_V U^T-t !' ■iD;^ 7^Z' \__uv-yij>■C y---------------------------------------------------------------------- ~}?M^ y <7^/--^ ' S/"J 2" .77-{ I f —r i ,.v.< -y5<r7i)j,f4>-)-kni-ir>^ iv,K,vU <^7^-77// I1|^|c\Iq ’^^e'Q'CviUo 5'^20 K'.sUolf^r ./7;^ / ;i li^jcfeCvibn 5^20 iv2uojfV Ji)^ n9>-i] 'Il^\‘f0' loi^ he <",1- ^ ■ SMode 1!!9U jlj viy‘if.7 / -fc- Z'/LrV4/c^ ^CXc^hUi ?f^c^ uiuf^kx. i/'/i'^^7 W. O'SULLIVAN'S CENTER ______ 2380 SHADYWOOD ROAD, ORONO, MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. DATE NAME ADDRESS PHONE # V7/- <7 ^t/^7 j i /, ScJjnedc-_______^djyL/, 6. v-> ■Y?A ^^3<d (Ft.4k_JSz3* |^^^ /h^ -----------------:—L-i r J ‘^■?l-^l3 1 ^4^ 4^'^ ,'^ -----------------------------------1 _ 4^/""y^y - / k^Uu.j ft\J — ^^ ^ / ^71-7^3/(j^ ^11 >>;i'KJJ W_> OL»‘ b ^ P(] CA>,sMi. B<>» Ro ^71-96^ { ^ 7- - >6 7; Au^ )KiuM^4xUJctu, ^ir>i ^7/- 3 (^fvi '%i! t^iaidpJ^ !1jJ¥3 (>kJ CjrcJf ' 'if / y 7/- K(^Jinj£kj _3Z^ Z5vi<V)A7l-o<,in O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD, ORONO, MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS development plan and want to support the REZONING AND PLAN APPROVAL BY THE CITY OF ORONO DATE NAME ADDRESS /'Wt ^ c/// /J)J f7/-9^Sy N 5 Oa /A- (jv//7 ^ 7/- ^:) i— .<3fc9^/re/L Knlun^^7/- o:^?;=:l ■XoTb U'J\NWT^VA ^71 - 030?i «. rfvC Wy'STft't;.a2j2>^ n\'„W LOi fiX'l• “ \€^ — 1 y^7/- r7^/ U9 / _^7/- 4. O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD. ORONO, MN PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS development plan and want to support the REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. “97^ o 3 -jj.—;—^-------;-----------------------?.5'/3 ‘79/ ~c7rr> ^ . (!!:9v P 7>J} ______3597 CA^iric r/ U7/^yc$/ aW^Q 1^61 U&ft-tv M / I 09 1/ -0S3fthe1/7/ ‘77/9 ^CC> ^ /9a f IaIvl^’ziTPc JU V7/^-f/ V~»i C-7-2. S' O'SULLIVAN'S CENTER 2380 SHADYWOOD ROAD. ORONO. MN. PLEASE SIGN BELOW IF YOU HAVE REVIEWED THIS DEVELOPMENT PLAN AND WANT TO SUPPORT THE REZONING AND PLAN APPROVAL BY THE CITY OF ORONO. NAME PHONE # 3U)^ Shore-l>TifJjt)r',*^ ^/t/Tc jb^ 971 5 32^ KA mAR^F. VM . ij 71 >S^73Q '3^1-^ ChhL ______Z-S3TP 0\ ^gLooc^ i\ ^\cx. ~ ^ (La J.j\ *n^(5~7Vz 3^6'^ //4U/^M(’ IJiY-e ^7/- 3 iXhJu, ■\^Q—*Shr^f^ Vt^-icjr>r^iA2j_lr±3o / F jOH fi rb\ LUdPc{ S^rvi /•/_______0^170 ^-j-^'—|V| r___X'fO'l. W/rv.(_ri~A.S R»i.r- L^t . g ^^^ (L9.X/7 ir^QAirv )j dm (X 3y{f) ^1 ^r] A:/U^l ^/J'If£ZLmi£ City of Orono - Kezonings Since 1975 Zoning Code Adoption 8 4» Navarre 1983 - Keaveny Site: B-1 to B-3 1981 - Casco Run Office Site: B-1 &LR-lCto B-4 1976 - Village Professional Bldg and V__^ Areas S. of Henn Co Truck Sta.: LR-lC-1 toB-5 1976: B-5 Zone created Other Areas 1990 - Otten Bros. Site: RR-IB to B-6 PUD 1988 - Sugarwoods Site: RR-1 b to R-1A 1987 - N. Stubbs Bay Area: RR-1A to LR-IA 1984 - North Shore Drive Marina: LR-1B to B-2 1983 - Windward Marina Area: LR-1 A to B-2 1982 - Big Island: RS created 1980 - Stubbs Bay Marina: B-2 to LR-1 A 1978 - Gas Station at Spates/15: B-1 to LR-1 A 1977 - Herrick Circle: RR-IB to R-1A nTn LR-IC-I ' SHORELINE fe><c<?xLPr pv-oi'-c B 2Z-‘5<^ SPOT ZONING The Illustrated Book of Development Definitions Harvey S, Moskowitz Carl G. Lindbloom CENTER FOR URBAN RUTGERS UNIVERSITY • P.O. BOX 489 PISCATAWAY • NEW JERSEY • 08854 Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan. Comment: Hagman {Urban Planning and Land De­ velopment Control Law, West Publishing, page 169), notes that spot zoning per se may not be illegal; it may only be descriptive of a certain set of facts, and conse ­ quently neutral with respect to whether it is valid or invalid. He suggests that spot zoning is invalid when all the following factors are present: (1) A small p ’ of land is singled out for special and privileged treatment; (2) The singling out is not in the public interest but only for the benefit of the land owner; and (3) The action is not in accord with a comprehensive plan. See Kozesnik v. Twp. of Montgomery, 24 N.J. 154, 131 A2 I (1957); Borough of Cresskill v. Borough of Dumont, 15 N.J. 238, 104 A2d 441 (1954); and Jones v. Zoning Board of Adjustment of Long Beach Twp., 32 N.J. Super 397, 108 498 (1954). r Gail and Jay Richards 3243 Casco Circle Wayzata, MN 55391 (612) 471-0510 Aumist 19, 1996 Orono City Council P O Bon 66 Cr\'Stal Bav. MN 5532:> Dear Councilmembers We are writinu in support of the rezoning of the church property in Navarre so that a business center can be built there as proposed by John O’Sullivan and Ervvin Smith. As resident> of Casco Point for 22 years, ue have done business with these men who have been outst.iiidinu citi/eui of the comirunity They ha\e made their place of business an asset to the community of Na\arre. and have conducted business in a professional manner. As we will be out of the state on the date of the council meeting, we will not be able to voice our support for this project in person as we did at the Planning Commission. The plans for the proposed project indicate that it will improve the appearance and the usage of the property It could also be an impetus to upgrade the appearance of the Navarre business area We hope th.it you will take the necessary steps so this property can be rezoned and the proposed building plans can be executed without delay The property is next to and across the street from other business property, so it will be in keeping of the character of the neighborhood to ha\e additional business in the area Sincerely, Gail and Jay Richards j' 19 9t> 12:17 FAX 612 725 3527 F«S ENGINEERING ©nui August 18,1996 Orono City Counci) and Orono Planning Commission P.O. Box 66 Crystal Bay, NIN 55323 Dear Council and Commission Members; It has come to my attention that you soon be voting on the church property re>zoning in Navarre. While I endorse re-zoning it for commercial use I do not endorse the type of development that is proposed John O'Sullivan has gone to great lengths in obtaining signatures for the re-zoning I believe many people were prepared to sign it, considering the disgraceful condition of the church and former gas station I do understand that the new gas station is not part of the parcel. The church propcrt> which is zoned rcsideniialJy, is not what I consider to be a desirable area for residential development, due to the heavy load of traflSc on County Roads 15 and 19. The high volume of traffic does, however, make it suitable fur cummercial development or as a community park. The primary reason for writing this letter is to offer critical evaluation of the style and layout of the proposed "O'Sullivan development." The area under consideration for this development is "downtown" Orono, and it should resemble a downtown, rather than the Bloomington strip along Highway 494. This is the largest development in Navarre in the last 15 years, and it would be an opportune time to start to correct the many mistakes of the past — one of which was the re-paxing project of County Road 19, wliicli left a "sea” of pavement in front of the stores on both sides of the street Most other communities have taken great interest in improving their downtowns with trees, planters, and benches. Navarre has nothing but concrete and asphalt. The proposed project, as depicted, again places a large parking lot in ft out of the proposed buildings, representative of a strip mall but not a downtown The buildings should be placed adjacent to the road with some trees and landscaping to soften the facade, and not shoved to the back of the property with an acre of asphalt in front of it Parking could be made available at the rear of or in small lots between the stores. Please remember that this is a downtown area which should look as attractive and inviting as W^ayzata and Excelsior. The value of residential real estate has risen in Excelsior, because of its smalJ-town atmosphere Suburban communities such as Apple Valley, are also trying to create an inviting, pleasant dowiitown atmosphere. We in Navarre, already have the start of a downtown on the north side with its hardware store and surrounding businesses. It would take very little to improve and enhance this side. Wliy not add a development to the area tiuii is complementary rather than unappealing like the current Rick's parking lot. This is our chance to set some standards; to start to make a difference and reinforce a sense of community. OS IS 96 12:IS FAX 612 725 3527 FViS ENGINEERING -(21002 A Mr. O'Sullivian wants some concessions for his proposal for re-zoning. However, the City and its residents should have some say in what the proposed development should look like. Many communities take a much stronger stance than Orono in directing its architectural character. I strongly believe it's time for Orono to start to take some interest in making a difference in the appearance of the Navarre area. Andrew J. McDermott m 2702 Waltbrs Port Lane Navarre, MN 55331-9412 K-2 A R IM August 14, 1996 Orono City Council P. O. Box 66 Crystal Bay, MN 55323 Honorable Edward J. Callahan, Jr. and the members of the Council of the City of Orono I and my wife live at 3225 Lafayette Ridge Court. Our home is one of the twenty nice homes in the Lafayette Ridge Homeowners Association in which I have been a member of the board. We have lived in our present home for nine years and moved here from a home on West Point Road in Tonka Bay, where we had lived for 18 years. So we have been a part of and concerned with this community for 27 years. We now live within what might be called a city block of the development by John O'Sullivan and Erwin Smith at the intersection of County Roads 19 and 15. We and our neighbors look upon this development as a major improvement for our neighborhood and our community. So little has been done for so long to encourage the upgrading of the buildings and the types of services provided by the commercial section at this intersection as well as the entire corridor on County Road 15 to Mound. '»’he old church is an eyesore, and, as long as it sits there, will attract undesirable and controversial proposals for uses that could break down the planning for the upgrowth of our and your community. There is nothing that would benefit nor is there any need here for its use for low income housing. It would simply contribute to the denigration of Orono City instead of raising its image. Rezoning to permit the use of the church site for an attractive building for offices and other appropriate services will help our neighborhood, will help our community as a whole, and will help build the character and identity of Orono City. Not to adapt our zoning to this proposal would not serve the better interests of Orono. One more thing. To rezone would lift this problem from the shoulders of the council once and for all and gain its applause. Sincerel 3225 Lafayette Ridge Court ~ Wayzata ~ MN USA ~ 55391-9232 ~ (612) 471-0343 ~ FAX (612) 471-1008 ADVERTISING and MARKETING SERVICES ~ TECHNICAL WRITING STATf fAIMm INSUIANCI Fuliily InsuranceJANET S. SYMONS, AGENT - LIFE & ANNUITY SPECIALIST Auto-Life-Health-Home and Business_ _ _ _ _ _ _ _ _ POST OFFICE BOX 6 -- 3600 SHORELINE DRIVE -- NAVARRE, MN 55392 OFFICE (612) 471-0491 FAX (612) 471-0870 WE APPRECIATE REFERRALS! August 14, 1996 ORONO CITY COUNCIL PO BOX 66 CRYSTAL BAY MN 55323 ..V # ■ Open Letter to the ORONO CITY COUNCIL: I am writing to you in support of the proposed rczoning of the Church property in Navarre, and in support of the development of this land by the Voyageur Service Centers, Inc. I have been a member of this business community since 1985. My State Farm Insurance Agency is located at 3600 Shoreline Drive, approximately 2 blocks west of the Hyw 15 & 19 intersection. As an involved community activist, I have worked with both John O'Sullivan and Erv Smith over the years. Our joint involvement in Chamber activities and community projects has given me a great respect for both their business sense and awareness of their resp nsibi1ity to the Navarre/ Orono neighborhood and business community. I strongly support the rezoning of this area from Residential to Light Commercial for several reasons. A major concern is that this property will continue to sit for years to come as few people would buy the land to build priviate hom:s, and even less interest has been shown by builders of multi-family construction. Rezoning to Light Commercial will be the best situation for both the neighborhood and the business community. I have complete faith that this proposed development will meet and exceed all expectations. The Church property sight has become an eyesore over the years. This is an opportunity to create a better overall community image and increase the City tax base...don't pass this by! I will be happy to speak to this issue at the Planning Commission and/or City council meetings. Please feel free to contact me for added input. Jaoet S. Symons, Agent Robert V. Albertson 2100 Shadywood Rd. Wayzata, MN 55391 (612) 471- 9719 August 16,1996 Orono City council PO Box 66 Crystal Bay, MN 55323 Dear Council Members: I very much support the O'Sullivan total building project. I have reviewed the project for the corner of county road #15 and #19, and believe this will be a plus to our neighborhood. Sincer^, Robert V. Albertson AUG >'0 WG 0 " August 16, 1996 To whom it may concern My husband and I own Glamour Pets Inc. approximately 1 block ^.•tfst of the church property in Navarre. The surrounding neighbors and businesses have helped our grooming shop grow in the last year, and we the rezomng of the church property would help to bring m'^'e jobs Vid modernization to Navarre and we are fully supportive Sincerely, Kim and Dave Osmonson 3440 Shoreline Dr. Wayzata, MN, 55391 THE SIGN AGE Workmg Widt Custtmen m Creadiqi mn Image that Leaves a lastmg tmpressiim August 21, 19% AV)G ^ 6 ' Orono City Council P.O. Box 66 Crystal Bay, MN 55323 Dear Orono City Council Members, w ritina to you in regards to the rezoning of the Church property in Navarre. As ‘he owner of ral business (The Sign Age - 3502 Shoreline Drive), approximately one-halt (1/2) mile west ofI am a local business (The Sip—c- ---------------- r.u the church property, 1 am strongly in favor and support the rezoning of the church. occupied by an •'active* business(s) would Ix' extremely beneficial to the surrounding neighborhood businesses. I look forward to hearing the Planning Commissions decision and hope that it will benefit eveiyone concerned. Respectfully, /u Alisa C. Rashid The Sign Age 3S02 Shoreline Drive, P.O. Box 126, Navarre, MN SS39I Phone: (612) 471-9304 Fax: (612)471-9359 A I• ? 1^' REQUEST FOR COUNCIL ACTION DATE: August 20, 1996 ITEM NO.: Department Approval: Name Michael P. GafTron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2163 Larry & Sharon Gehl, 1825 Concordia St. - Variance - Resolution Zoning District: LR-IC, Single Family Lakeshore Residential, sewered, 1/2 acre. Application: Request for lakeshore setback and average lakeshore setback variances to construct a second story deck addition within 75' of Lake Minnetonka. List of Exhibits A - Resolution B - Notice of Planning Commission Action 8/20/96 C - Memo and Exhibits of 8/15/96 Discussion Please review the memo and exhibits of August 15th. Briefly, applicants propose to construct a second story deck above the existing one story screen porch on the lake side of the residence. That existing enclosed porch extends 12’ into the 0-75' setback. The second story deck involves changing the roof pitch of the porch to be essentially flat, and placement of a deck and railing which would functionally ser\'e the second story. Note that applicants' 75-250' zone met the 25% hardcover limit and a building permit was recently issued for squarirg off the southeast comer of the house and a second story addition, all in the 75- 250' zone. Planning Commission Recommendation Planning Commission reviewed this application at their August 19th meeting and recommended approval of the lakeshore setback and average lakeshore setback variances, on a vote of 5-1, noting the following findings in support of the variances: 1.The proposed deck is above an existing, one story enclosed porch and therefore does not constitute new or additional hardcover on the property. 2.The extension of the railing above the second floor level has no significant impact on neighbors' views of the lake, since neither neighbor has significant views of this portion of applicants' house. Request for Council Action continued page 2 of 2 . August 20,1996 Zoning File #2163 3.Although the average lakeshore setback line drawn on applicants’ submitted survey suggests a 10'-12* average setback encroachment, an average setback line based on City topographic maps suggests there may in fact be no average setback encroachment Further, vegetation to the south is too dense to allow a visual site line confirmation of the average setback line location. 4.The second story deck and associated railing do not add significantly to the bulk of structure located less than 75’ from the lake. 5.Applicants have recently removed a concrete sidewalk that was located within the 0- 75' setback zone, thereby resulting in a decrease in 0-75’ hardcover. In addition to the e.xisting 12.5’x26.3' enclosed porch, the 0-75’ zone contains a 12’xl6’ main floor level deck, and an area of landscaping lined with plastic, comprising approximately 270 s.f. in area. The plastic should be removed from below the landscaping to make this area non-hardcover. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. A resolution for Council adoption is attached. COUNCIL ACTION REQUESTED: Aoeption of attached resolution granting lakeshore setback and average lakeshore setback variances, subject to hardcover removals. Proposed Motion: Moved by ___________, seconded by _________, to adopt Resolution #_______, granting lakeshore setback and average lakeshore setback variances to Larry and Sharon Gehl at 1825 Concordia Street for the construction of a second story deck addition located less than 75’ from Lake Minnetonka and encroaching the average lakeshore setback. Vote: ______ayes, _____nays. t 3 1 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2; 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISION 16(C) FILE #2163 WHEREAS, Larr>- and Sharon Gehl (hereinafter "the applicants") are owners of the property located at 1825 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 8, Coffee's Addition to Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(C) to allow the construction of a second story deck above an existing enclosed porch, such deck constituting new construction located less than 75' from the lake where no temporary or permanent structures are normally allowed, and such deck constituting an encroachment of the average lakeshore setback line where no encroachments are normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Miiinesota: FINDINGS 1. This application was reviewed as Zoning File #2163. 2.The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 19, 1996, and recommended approval of the proposed variance on a vote of 5-1, based upon the following findings: Page 1 of 6 A. The proposed deck is above an existing, one stor> enclosed porch and therefore does not constitute new or additional hardcover on the property. B. The extension of the railing above the second floor level has no significant impact on neighbors' views of the lake, since neither neighbor has significant view's of this portion of applicants' house. C. Although the average lakeshore setback line drawn on applicants' submitted survey suggests a 10'-12' average setback encroachment, an average setback line based on City topographic maps suggests there may in fact be no average setback encroachment. Further, vegetation to the south is too dense to allow a visual site line confirmation of the average setback line location. D. The second story deck and associated railing do not add significantly to the bulk of structure located less than 75' from the lake. 4. 5. E. Applicants have recently removed a concrete sidewalk that was located within the 0-75* setback zone, thereby resulting in a decrease in 0-75' hardcover. In addition to the existing 12.5'x26.3' enclosed porch, the 0- 75' zone contains a 12'xl6' main floor level deck, and an area of landscaping lined w-ith plastic, comprising approximately 270 s.f. in area. The plastic should be removed from below the landscaping to make this area non-hardcover. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed vari..; e on the health, safety and welfare of the community. The City Council finds that the conditions existing on tl.i ? 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 trafl'ic 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 Page 2 of 6 demonstrable hardship or difficulty; is necessary to preser\e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(C) to allow the construction of a second story’ deck above an existing enclosed p)orch, such deck constituting new construction located less than 75’ from the lake where no temporary or permanent structures are normally allowed, and such deck constituting an encroachment of the average lakeshore setback line where no encroachments are normally allowed, subject to the following conditions; 1. Applicants shall adhere to the construction plans submitted with the application. 2. Applicants shall obtain a building pemiit for conversion of the existing roof to a deck system. 3. 4. Applicants shall remove the plastic or fabric liner from the 270 s.f landscape area in the 0-75’ zone as indicated on the site plan attached to this resolution as Exhibit A, such removals to be completed within 30 days of the date that a permit is issued for the deck construction. Hardcover in the 0-75’ zone shall be limited to the 12'x26.3 ’ existing porch and 12 ’xl6 ’ main floor level deck, comprising a total of 507 s.f. (6.1%) hardcover in the 0-75’ zone. Hardcover in the 75-250’ zone shall be limited to the existing 25% level as shown in the hardcover calculations included on the site plan, Exhibit A. Applicants are advised that the City will likely not approve additional hardcover for this property, and any future proposal to increase hardcover on the property might be approved only in conjunction with concurrent removals of pre-existing hardcover, to result in no net increase or a net decrease of hardcover on the property. Page 3 of 6 5. 6. 7. ATTEST: Authorities granted by this variance run with the property not with the applicants, but are permissive onl\ and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 26, 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of August, 1996. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 26th day of August, 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 Page 4 of 6 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 acknowledeed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared known to me to be the nerson(s) described in and who executed the foregoing instrument,and acknowledged that he (uiey) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO; Larry & Sharon Gehl 1825 Concordia St. Wayzata, MN 55591 ZONING FILE #2163 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 8/20/96 COPIES TO:Steve Hansen Hansen Hometech 7920 Kerber Blvd. P.O. Box 1009 Chanhassen, MN 55317 TYPE OF APPLICATION:Variance DATE OF MEETING: 8/19/96 VOTE 5 FOR 1 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES .\ND SPECIAL CONDITIONS: Approval subject to concurrent removal of plastic/fabric underliner from 9'x30 ’ landscape area at west side of house. Applicant's next scheduled meeting is confirmed as: City Council Monday, August 26, 1996, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To:Chair Peterson and Orcno Planning Commission Members Ron Moorse, Citv Administrator From; Date: Subject: Michael P. Gaffron, Assistant Planning & Zoning Administrator August 15, 1996 #2163 Larry and Sharon Gehl, 1825 Concordia Street - Variance - Public Hearing Zoning District: LR-IC, Single Family Lakeshore Residential, Sewered Application: Request for lakeshore setback and average lakeshore setback •’iriances to construct a second story deck addition within 75' of Lake Minnetonka. List of Exhibits A - Application & Letter of Request w/ Hardcover Removal Statement B - Plat Map C - Property Owners List D - Neighbor Comments E - Survey F - Site Plan with Staff Notes G - Topographic Map H - Hardcover Calculations & Notes 1 - Photos J - Construction Plans K - Request for Expedited Review Summary of Request Applicants are "squaring off' the southeast comer of the existing house, and constmctirig a 30 ’ X 26' second story. This addition is outside the 0-75' zone and was granted a building permit in July. However, applicants also propose to construct a second stoiy' deck above the existing one story screen porch which encroaches 12' into the 0-75' setback where no construction is normally allowed. This second story deck involves changing the roof pitch of the porch to essentially flat, and placement of a deck and railing which would functionally serve the second story. Also encroaching the 0-75' zone is an existing 12' x 16' deck approximately 1.5' above the ground. The plans indicate there will be no changes to this open grade level deck. Applicants request a lakeshore setback and an average lakeshore setback variance to allow constmetion of the proposed deck addition. Zoning File #2163 August 15, 1996 Paee 2 W Discussion A. Average Setback. The proposed revision from a slightly pitched roof to a deck with railing would appear to have minimal impact on either neighboring propeny owner. To the south, dense existing vegetation will screen the deck from the neighbor during the summer months. Also, that neighboring house is significantly higher in elevation and its views likely Vvould not be impacted by the deck. The adjacent neighbor to the north would have virtually no views impacted by this addition. Based on applicants' submitted survey, the degree ol actual average setback encroachment may be inaccurately defined because only the nearest portions of the adjacent houses are shown. Relying on the topographic maps of the City, however, it would appear that there may in fact be no average setback variance required, since our policy is to measure from the points on each of the adjacent houses, that is closest to the lake (see Exhibit ). There is too much vegetation at this time to accurately determine the location of the neighboring house come'’ visually. B. C. Lake Setback The proposed deck encroaches 12' past Cm 75' lakeshore setback line. This constitutes new construction in the 0-75' zone, ' .d therefore requires a variance. The impact of this construction however may be rctatively minor, in that it merely revises an existing pitched roof into a flat roof with deck above. The point at which the pitched roof abuts the existing house is approximately the same height above floor level as the top rail of the deck railing would be. It would appear that the greater visual impact from the lake will be the additions happening outside the 0-75' zone. It app>ears from the plans that new windows will be installed in the existing porch, but the existing ceiling joists and foundation will reniain. Hardcover Technically, while there will be new structure in the 0-75' zone, there already is a one story porcb in the area proposed for the new second story deck encroachment, hence no new haidcover areas will be added to the property. Also note that the 0-/5' zone contains a 9' x 30’ landscaped area constituting 270 s.f of hardcover which should be Zoning File #2163 August 15, 1996 Page 3 removed. The area referred to is the plastic lying under the shrubs just north of the low deck. Finally, note that because the 75-250' zone proposal met the 25% hardcover limit and because there is no additi . il hardcover proposed in the 0-75’ zone, the Building Inspector felt justified in granting a permit for the work in the 75-250' zone, which is underway. Existing hardcover in the 0-75' per staff calculation is 9.3% (note that applicants' submittal indicated a 7,300 ’ 0-75' zone area, but staff calculates it at 8,336 s.f). This includes the 315 s.f existing porch, a 192 s.f grade level deck, and 270 s.f of landscape underlain by plastic. Based on the City's standard policy, the 270 s.f of landscape area must be converted to non-hardcover, and that should be a condition of any approval granted for this application. The remaining question then is whether there is any other e.xisting hardcover in the 0-75’ zone (or in the 75-250' zone, for that matter) that could be removed to mitigate the overage in the 0-75’ zone. Note that applicants just this spring removed a sidewalk in the 0-75' zone, which wiis probably the only extraneous hardcover on the site other than the large driveway parking area. Issues for Discussion 1. 2. Are there adequate hard.ships to support the average lakeshore setback variance, if in fact one is needed? Will the proposed railing have a negative impact on neighboring properties' views of the lake? Does ihe replacement of a pitched roof with a deck and railing in the 0-75' zone have any impact on the bulk of the structure as viewed from the lake? Does the conversion from a pitched roof to a deck with railing constitute an intensification of structure in the 0-75' zone? Is the lakeshore setback variance supported by adequate hardships? Is this change in the natu.e of the hardcover an intensification of hardcover? Given that no hardcover will be added to the 0-75’ zone, what additional hardcover mitigation should be required of the applicant in the 0-75' zone, if any? In the 75-250' zone? Does conversion of the existing porch structure add to the "permanence" of this non- conforming portion of the existing residence? Zoning File #2163 August 15, 1996 Page 4 Staff Recommendation If Planning Commission feels that the necessar>‘ variances for conversion of the pitched roof to a deck above the existing enclosed porch are adequately supported by findings of hardship and lack of impact on neighboring properties, then a recommendation for approval would be appropriate. Options for Action 1. Approval with no hardcover removals. 3. 4. 5. Isv Approval with specified hardcover removals (define). Table for further information. Denial (state reasons).* Other. . •/ \ fi 1 Application # f r Date Received 'I Amount Paid -jr ) . , CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S220.00 (S50.00 per each additional variance) Renewal Variance Fee SI20.00 (no change from original application) / f Variance for non-conforming strictures S220.00 After-the-Fact Fees (Double application fee) &fi.A \ 4- r'v i. V‘ 1 V? •il *2.v;•V' V' * • • *• •« PROPERTY INFORiNLATION SitgAddrcss I lslCQP^O,/=> Propeny Identification Number (P.I.D.) ll ~ li~j-'Z'h t ^ Attach legal description to application if not included on required sur\ey. Date Property Acquired_____C?/ / *r *v V 1 (do) .fS(^nQl3) also own the aajacent parcciS oi land. Present use of property: residential ___^other (specify) Zoning District:_____________________________________ (month/year) APPLICANT Name A (- Address cx?^(c!2-Oi/^ ^T. Phone (home) V7/ ~ 7VV 3 ___ _____ Phone (vvoric) • 5~y 6 L City: _________ Zip: 5 5'?'?/ OWNER (if different than applicant) Name *• ^ 6_____________ Phone 'lome). Phone (work)_ Address:Citv:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: fi-tfVyt gpop-, &QS7/oC> (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _Lot Width i' Hardcover Lot Coverage Setback:Front Side Rear \/^ Average Lakeshore _J ♦ r Other (specif.') / < / jo HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 7* A__^^ KjTlcrLit^C^ KA a JO ^ f^cT Cn/:^C>'JC-—II2VC--------- -?c- ^/Vec/ 77-fc __j21t —______rir ---------1 —-------- — -rr? rut e.-xiST\tJ(^ ^i^Peo -------------------------- (attach additional sheets if necessary) AUG 1 6 • August 12, 1996 To; The Orono City Council and The Planning Commission Mike Gaffron, Asst. Planning & Zoning Administrator From; Larr>' and Sharon Gehl Dear Council and Commission Members: My husband and 1 purchased a home on Lake Minnetonka at 1825 Concordia Street nvo years ago. The main portion of our home comes right up to the 75 foot setback from the lake, but there is an existing porch and a small >\ooden deck area which extend closer to the lake. We are currently remodeling the home and would like to have some additional deck on the lakeside of the house. Because of your setback requirements, we knew it would be difTicuIt to get approval to increase the size of our wooden deck. Instead of doing that. We have requested permission to flatten the roof of our existing porch and make a sundeck with a railing above the porch. This would allow us more lakeshore exposure w ithout increasing ground cover. Our neighbors on both sides of our property have w ritten letters stating their approval of our proposed sundeck. Because of positioning of their homes in respect to ours and trees between our property, they are unable to see this area from their homes and would not be adversely affected by this change in our home. We are aware of your desire to reduce the amount of hardcover close to the lake. Since we purchased our home, we have taken some steps to accomplish this. We have removed a concrete walkway w hich went from the lake to approximately 150 feet buCK on the south side of our lot and replaced that with sod and flowers. We have also removed 50 - 60% of the plastic from landscaped areas around our house. We hope you will grant the variance which will allow us to build our proposed sundeck above our porch. We feel it will enhance both the appearance and the functioning of our property without adding to the amount of hardcover near the lake. Thank you for your consideration of this matter. Larr>' and Sharon Gehl PROPERH MAINTENANCE Chucb Schatz 5952 Woodland Circle Minnetonka, MN 55345 (612) 934-8056 STATEMENT Nnin«-U \ 1 ^ ?T*r ^^Arc< s+. AA»t\ . DESCPiFTCM CHARGES W9K S/zT/ffe C.< We.>\W U/'» SoA . UVe, il < Vc-> .0 6^^D ---"---S w>'-Th' ^v—vV.O-V PREVICUS BALANCE 0^pco BAULnc; p^co /HJOo BALANCE DUE 37¥je« DATE 07/22/94 HlfJNEPIN COUWTY PROPERTY INFO»UTIOH SYSTEH PROPERTY OI«€RS LISTBATCH 501AOOR OHNER NAK TA)0»AYER NAME/AOOR M 17-117-23 22 0015 01B25 CONCORDIA ST L F A S L GEHL LARRY I SHARON DEHL 1825 CONCORDIA ST HAYZATA m 55391 PROP AOOR OMNER NAHE TAXPAYER NAME/AOOR 38 17-117-23 22 0025 01800 CONCORDIA ST P 0 I K J HANSEN PAUL t KAREN HANSEN 1800 CONCORDIA ST NAYZATA MN 55391 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 38 17-117-23 22 0038 01855 CONCORDIA ST V A V ANDERSON VINCENT A VIRGINIA ANDERSON 1855 CONCORDIA ST HAYZATA MN 55391 PROP ADOR OHNER NAME TAXPAYER NAME/AOOR TOTAL BATCH 501 00009 REPORT NO. PM35401 PAGE 138 17-117-23 22 001401785 CONCORDIA ST K T DULIN A 8 G DULIN KEVIN DULIN A BAkCARA DUUN 1785 CONCORDIA ST HAYZATA MN 55391 38 17-117-23 22 001701741 CONCORDIA 3T MARGARET L ANTOINE DAVID A MARGARET HOLSTE 1741 CONCORDIA ST NAYZATA MN 55391 38 17-117-23 22 0024 01780 CONCORDIA ST THE VILLAGE OF ORONO THE VILLAGE OF ORONO P 0 BOX 64 CRYSTAL BAY MN 55323 38 17-117-23 22 0033 01815 FAGERNESS P0Xr4T RO A A J RITCHIE ALAN J RITCHIE 1815 FAGERNESS POINT S NAYZATA MN 55391 ‘ J ^ 38 17-117-23 23 0023 01650 CONCORDIA ST STEVEN D TOHLE ETAL STEPHEN D TOHLE 5115 PINNACLE DR OLDSHAR FL 34677 38 17-117-23 23 0032 01865 CONCORDIA ST J i TNIOHELL ANA THIDNELL JEFFRY J A NANCY A THIDHELL 1845 CONCORDIA ST HAYZATA MN 55391 ♦ •.. ^ .'lla 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 DEPARIMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEDGE AND BELIEF DATE ■i ;^r* r. .n >*•■o-/ c- % » A ■y<m Adjacent Property' Owners* Acknowledgement Form I r\ hatVCut. r)u-t» C\ [print name(s)] of I /f^cV't//,g. [print address ^/r i L have reviewed the plans for the proposed improvement or proposed use of the property located at Cn»")CcX7S4Q “^t~’ also referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement. I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to contirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date (/ *7 Date ****^****#i(i*************'<‘*********>'**>'******»* *'***************************’*"*"*'* I (we) '-ihirpH T r> ri Vi/cr</Al/fi- n tvA WA\j;'A47r [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property' located at 1 r,WrtfzCift. ~Sh also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. / -^ <3 Date 7- Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. a\r ^r* t* .* * ,• A 4 ' • r / JCi.'7V'/K xJl /^ tc?:.c' .^-'t ‘* ^ v-r ^a j /. ./V' c>-• t / - V 6^1 n d* c^^t. I ^C 'A^lC!- /I / ^ /. V/. ,.# y ^I t'j^l-t'-!-^'di ->,'<■ , {^(-^:.: yi<-i-'i ^JL. /^...'/ /^/r^- - Xo C^LL t U?^Z.^^/L4 V Cs" c (i - /^- (:" z k « # ;/ r~ //'7 ?7/ / / c-i L^ :-Zi <^c 'j /' /' /idffcdd/^c^ dA '^-c ■'' 'A 7 d/i/ .^V^.^v 57 ^ J X /■ . ^ i<~ <^C^ c - J - V^— 'w ' .?<^ C -A” r vjjjTj au:uri*r»rT D-3 V • » i.|■iv O \ rv^ , .<-:/ i. - _.C.r . ( - a; I f *o '.• • :v Vw r''\( 0: (-1 :• V f’ k » . * » f * r t t Ci rr>c.'.:.‘ t • ! ^ Vw-r:^_ C^^ruXjL-'hir^^ 6x^,CL^ c^£Lduy^€r^ dA£»L A.^/u>^ uxh> Cert / 7(j3 <3^:=^ co^rzf-^ ^. ^7/ ‘iz^d POOR ORIGINAL OOCUMENI i ' A-T*^.............. FRANK R. CARDARELLE (612) 941-3031 Land Surveyor Eden Prairie. MN 55344 Survey For Larrv Gehl 1825 Concordia Street Orono, KJ C5391 Book 348 Page 8 File ;h«>*bye»«*fy#»*Uatru«andeena«trap*#»arta#ono*a*ufvayo*lhabounjn'aiot LOt 8/ CoffeC d 111OT)^^ladyWOOd ^^•yadbyma onIhia 4 th________d»j o*____JllflP Rev. 7/29/96 Htnn«p«n Covnty. Minn«»ota and th« locatfon of all .. 96 . It 9sfor\,oachmaott. if arry on said land. Frank R. Cardarelle State Reg. No. 6508 Survey For Larry Gebl1825 Concordia Street Orono, MN 55391 Book 348 Page 8 File e -1/ Sir^ Pmaj NorB-S. I" -- VO ^ . C0 JCcA£>fX\t HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250’ 250-500’ //-/ 500-1000’ EXISTING HARDCOVER IN ZONE A. House _____tS______ Length Width \ \ X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck /X X X n F. Landscape Underlain By Plastic I X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 7-7*7 ____ - B 7^g> C • t- 77 7 . 5, X 100 PROPOSED 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 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. F. Landscape Underlain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -r B S.F. S.F. X 100 =a tO A B A B . ! H-Z. y SETBACK ZONE: (CIRCLE ONE) 0-75* pyiSTINO HARDCOVER IN ZONE A. House ______________ X 250-500* Length ^5- ^Vf»>DlLVf B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other 'Z'S ''.1 <L I 'I X X X X X X X X X X X X X Width s /fc Ly’ V lo IT- IZ. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A r/ •' PROPOSED hardcov er IN ZONE A. House _____^ -r B 1 ^ In X 100 / t •=><0 ■ < Length ZCs> 'll* X X X Width •y;>. 5~ ^7. B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other -Z/ '36 -Z- / /*7- X X X X X X X X X \ LyJ o 7 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •r B t - go/ U X 100 7 -26.-9 '500-1000* ' S.F. -5 /fl67.fo S.F. t.S.F. 'sr S-OC^S.F.■0S.F. SB J</^0 S.F. 100 ft S.F. /6^ .S.F. B S.F. 1 wv S.F. «S S.F. 5-70 S.F. a S.F. a S.F. S.F. S.F. ••Lftl 1 w, ■ 5*c^S.F. -,1^. V % % yOL’7 So S.F. 793>S.F. s 5^0 S.F. s S.F. S.F. /^iS S.F. =100 3 S.F. 5'^=>0 S e S.F. -lu h S.F. /6A S.F. B:5"o S.F. •S.F. 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' . . 1 . , 1 11 • • ■• • ••• • ^ 9 * l» P * f k-. . • •• - % ; •n m » . IfTr^ r ■ •■ •• ■, l J V. ;•.•. .■• S •’ ----------- . .*^ « .4 *• • i«t«r W . *r * * •“ . ;f(\c^r fT30-n»^ U' A)TS N i f <1^ •V - •.,-•• *• ., .. . • •• •• 'P -T , -•• •• ' • -f.-.........•.•;.■• • V • . '• • ' . ► . 0 — • • ; r ... , ■ ; • •> * • • • •-...•. •= ■ . . .V................. • ••• IWItBIHpMnWIWft ^ ., * ' v**^. • -'-'I-,. ^ • UTO'l »HAEC^-v6£»-lLi 1 •<' : < L- c Han s en Hometech Inc.7920 Kfbm Blvd P O Box 1009 ChanhoMOt Mn. S5017 K Augusts, 1996 CityOfOrono P.O.Box 66 Crystal Bay. Mn. 55323 Dear Mike Gaffron : We are requesting the variance for Larry & Sharon Gehl on 1825 Concordia St. if passed be herd the 26*^ of August in order to conclude this process before they go out of town. Sincerely, Steve Hansen Hansen Hometech AVJG 1 2 ■1,.J eouto REQUEST FOR COUNCIL ACTION •"* -w DATE: August 21, 1996 1 ITEM NO: '2 OTVo, Department Approval: Name Ron Moorse Title City Administrator Item Description: Administrator Reviewed:Agenda Section: Administrator ’s Report Acceptance of the resignation of Steve Peterson as Chairman of the Planning Commission Steve Peterson, who has been serving as Chair of the Planning Commission, has submitted his resignation from the Planning Commission due to his need to move out of the city. The Council may at this time take action to accept Mr, Peterson ’s resignation, and to direct staff to begin the process of filling the vacancy left on the Planning Commission. COUNCIL ACTION REQUESTED Motion to accept the resignation of Steve Peterson as Chairman of the Planning Commission. P rs REQUEST FOR COUNCIL ACTION DATE: August ^Uq g c^, ITEM NO: ^ Department Approval: Name Ron Moorse Utle City Administrator Administrator Reviewed:Agenda Section: Administrator ’s Report Item Description: r Ordinance Increasing the Salaries of the Mayor and City Council Members The salaries of the Mayor and City Council Members were last increased in 1987. The attached ordinance sets the salary of the Mayor at $4,200 per year, and the salary of each Council Member at $3,500 per year, effective January 1, 1997. COUNCIL ACTION REQUESTED Motion to adopt the attached ordinance increasing the salary of the Mayor to $4,200 per year and increasing the salary of each Council Member to $3,500 per year effective 1/1/97. « y ORDINANCE NO., 2ND SERIES -s AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT", ORDLNANCE NUMBERS, 2ND SERIES, AND ORDINANCE NO. 23, 2ND SERIES BY CHANGING A PROVISION RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND, BY ADOPTING BY REFERENCE ORONO CITY CODE CHAPTER 1 RELATING TO DEFINITIONS AND GENERAL PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Sec. 2.17 is hereby amended to read: SEC. 2.17. SALARIES OF MAYOR AND COUNCIL MEMBERS Subd. 1 Salaries of the Mayor and Council members, effective January 1, 1997, and which amounts are deemed reasonable, are hereby fixed as follows: A. The salary of the Mayor shall be $4,200.00 per year, paid monthly. monthly. B. The salary of each Council member shall be $3,500.00 per year, paid Subd. 2. In accordance with Minnesota Statutes, Section 4.5.11, any changes in the foregoing shall be by ordinance and shall not take effect until after the next succeeding City election. Section 2. Orono City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section. This ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the City Council this 23 day of August, 1996, by a vote of nays. ayes and ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Published in the Laker and Pioneer newspaper the week of August 31, 1996 REQUEST FOR COUNCIL ACTION DATE ITEM NO: /{j ^6 j :?a^Qll(jJL 1996 Department Approval: Name Ron Moorse Title City Administrator Item Description: Administrator Reviewed:Agenda Section: Administrator’s Report Scheduling of a Work Session to Discuss Potential 1997 Sewer Projects After an analysis of the capacity of the sewer trunk system shared by Orono, Long Lake and Medina, the City of Long Lake has determined that there is sufficient capacity in the trunk system to accommodate the additional flows contemplated by Orono’s current MUSA amendment application. This was the last major obstacle to the MUSA amendment approval process. Because it now appears the MUSA amendment will move forward, the final steps in planning and preparing for the potential construction of several sewer projects in 1997 needs to move into the final stages. This can best be accomplished in a Council work session. The Council may at this time want to select a date and time for a work session to discuss the final steps required to plan and prepare for the sewer hot spot projects and the Highway 12 sewer expansion project. COUNCIL ACTION REQUESTED Motion to select a date and time for a work session to discuss potential 1997 sewer projects. OOUNCLMEETBIQ 1 AUG 2 6 1996 REQUEST FOR COUNCIL ACTION CITY CP CnC^!Q DATE; August 23. 1996 ITEM NO: // Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator’s Report Item Descnption: Moratorium on the Siting of Telecommunications Towers in the City The demand for tower space for telecommunications antennas has recently grown substantially with the growth of personal communications services, which requires a large number of antenna locations. With the growing demand for antenna locations will come requests to place antennas on existing tower locations and to construct additional towers. It is important the city has adequate regulations in place to manage the impact of antennas and towers in the city. Although staff is in the process of reviewing regulations, staff is not ready to bring a set of regulations to the Council for action at this time. In the meantime the city’s existing regulations may not be adequate. Therefore staff is recommending a moratorium be placed on the granting of any authority relating to the siting of towers and other facilities related to wireless communications for a period of 120 days to enable the city to develop adequate regulations. COUNCIL ACTION REQUESTED Motion to adopt the attached ordinance placing a 120 day moratorium on the granting of any authority relating to the siting of wireless communications facilities and structures in the city of Orono. ORDINANCE NO., SECOND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES, OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATION FAdLITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and iiidustrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council finds i* necessary to impose a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, variances, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. SECTION 3. Study of Telecommunication Facilities. For the purposes of this Section the works used herein shall have the following meaning: 1.Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2.Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 4. Effective Date. This ordinance shall be effective as of August 26, 1996. Adopted by the City Council of Orono on this 26th day of August, 1996, by a vote of ayes and____nays. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week of August 31, 1996 OOUNd.MSnNCI AUG 2 6 1996 REQUEST FOR COUNCIL ACTION CITY Cf C?.a^!0 DATE: August 23, 1996 ITEM NO = // Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Moratorium on the Siting of Telecommunications Towers in the City The demand for tower space for telecommunications antennas has recently grown substantially with the growth of persorial communications services, which requires a large number of antenna locations. With the growing demand for antenna locations will come requests to place antennas on existing tower locations and to construct additional towers. It is important the city has adequate regulations in place to manage the impact of antennas and towers in the city. Although staff is in the process of reviewing regulations, staff is not ready to bring a set of regulations to the Council for action at this time. In the meantime the city ’s existing regulations may not be adequate. Therefore staff is recommending a moratorium be placed on the granting of any authority relating to the siting of towers and other facilities related to wireless communications for a period of 120 days to enable the city to develop adequate regulations. COUNCIL ACTION REQUESTED Motion to adopt the attached ordinance placing a 120 day moratorium on the granting of any authority relating to the siting of wireless communications facilities and structures in the city of Orono. 1 V. REQUEST FOR COUNCIL ACTION % DATE: ITEM NO: Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval No Licenses 1 "t i 1 j A # / Lxi 13 Aug 1996Tue 12:06 PM »p N. Check 1W Nuinber Date Name Check Number 52077 CITY COUNTY cr: 52077 14-Aug-96 CITY 13 Aug 19®6 Tue 12:0a PM Check Register City of Orono Chtck NuiT^r Date Name Check Number 52086 52C86 MN STATE RETIREMENT-DEF COMP 14-Aug-96 MN STATE RETIRSffiNT-DEF COMP Totals Check Number 52086 MN STATE RJrriRSMENT-DEF COMP Oveck Number 52087 PE6SC0/0BRA 52087 14-Aug-96 PEBSCO/OBRA Totals Check Number 52087 PEBSCO/OBRA Check Number 52098 PEBSCO/US CONF OF MAYORS 52088 14-Aug-96 PEBSCO/US CONF OF MAYORS Totals Check Number 52088 PEBSCO/US Check Number 52089 PERA 52089 14-Aug-96 PERA 52089 14-Aug-96 PERA Totals Check Number 52089 PERA Check Number 52090 ST.CROIX COUNTY 52090 14-Aug-96 ST. CROIX Totals Check Number 52090 ST. CROIX Check Number 52091 united way 52091 14-Aug-96 UNITED WAY Totals Check Number 52091 UNITED WAY Grand Total Transaction Amount 150.CO 150.00 274.65 274.65 1.892.50 1.892.50 3.831.66 5.043.17 8.874.83 68.20 68.20 29.00 29.00 34.584.68 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRH) COMP N/H USCM DEFERRED COMP N/H PERA EMPLOYEE W/H PERA CITY SHARE CHILD SUPPORT-SCHULTZ CHARITY DONATIONS W/H 22 Aug 1996 Thu 3:40 PM Check Register City of Orono Check Number Date Name Check Number 52141 52141 52141 A-1 RENTAL 22-Aug-96 A-1 RENTAL 22-Aug-96 A-1 RENTAL Totals Check Number 52141 A-1 RENTAL Check Number 52142 ALL STAR ELECTRIC 52142 52142 22-Aug-96 22-Aug-96 ALL STAR ELECTRIC ALL STAR ELECTRIC Totals Check Number 52142 ALL STAR ELECTRIC Check Number 52143 ALL STAR PRO GOLF 52143 22-Aug-96 ALL STAR PRO GOLF Totals Check Number 52143 ALL STAR PRO GOLF Check Number 52144 anchor paper 52144 22-Aug-96 ANCHOR PAPER Totals Check Number 52144 anchor paper Check Number 52145 apache paper CO 52145 52145 52145 22-Aug-96 22-Aug-96 22-Aug-96 APACHE PAPER CO apache paper CO APACHE PAPER CO Totals Check Number 52145 APACHE PAPER CO Check Number 52146 ASPLUNDH COFFEE 52146 22-Aug-96 ASPLUNDH COFFEE Totals Check Number 52146 ASPLUNDH COFFEE Check Number 52147 AUGIES MOBILE CHEF 52147 22-Aug-96 AUGIES MOBILE CHEF Totals Check Number 52147 AUGIES MOBILE CHEF Check Number 52148 BLACKOWIAK i SON Transaction Amount 21.30 5.63 26.93 55.89 246.45 302.34 255.33 255.33 581.49 501.49 221.99 70.49 78.48 Page 1 Comments LP FILL PULLER RENTAL REPLACE THERMOSTAT-PLANT REPAIR -WALK* SIGNAL ASSORTED TEES COPY PAPER 73.33 C-FOLD TOWELS 58.66 C-FOLD TOWELS 161.31 C-FOLD TOWELS 293.30 221.98 COFFEE SANDWICHES FOR RESALE 52148 13-Aug-96 BLACKOWIAK &SON 70.89 JULY SERVICES 52148 l3-Aug-96 BLACKOWIAK 6 SON 290.77 JULY SERVICES 52148 13-Aug-96 BLACKOWIAK &SON 168.58 jxn-Y SERVICES Totals Check Number 52148 BLACKOWIAK Si SON 530.24 j I' . 22 Aug 1996 Check Register Page 2 Thu 3:48 PM City of Orono Check Transaction Number Date Name Amount COnrriefltB Check Number 52149 BONESTROO ROSENE k ASSOC. 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.994.50 T.H. 12 SWR IMPROVEMENT 52149 22-Aug-96 BCNESTROO ROSENE k ASSOC.1.789.07 KELLY AVE SWR REPAIRS 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.371.46 OCB RD TRAIL INSP/EASMNTS 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.497.25 WILLOW DR INSP.- JUNE 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.67.00 MSA GENERAL-JUNE 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.1.413.00 T.H. 12 SAN Sm STUDY-MAY 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.67.00 WTR TOWER CATHODIC REPAIR 52149 22-Aug-96 BONESTROO ROSENE k ASSOC.1.470.20 MAY C.C. MEETING Totals Check Number 52149 BONESTROO ROSENE k ASSOC.6.669.41 Check Number 52150 BRAUN INTERTEC 52150 13-Aug-96 BRAUN INTERTEC 5.723.61 GMlQ(-93-0163 BAL. DUE Totals Check Number 52150 BRAUN INTERTEC 5.723.61 Check Number 52151 BRC-■ELECTIONS 52151 22-Aug-96 BRC-ELECTIONS 200.00 BATmY REPLACEMENT 52151 13-Aug-96 BRC-ELECTIONS 172.49 SUPPLIES FOR ELECTIONS Totals Check Number 52151 BRC-ELECTIONS 372.49 Check Number 52152 BUDGET PRINTING 52152 13-Aug-96 BUDGET PRINTING 4.62 RETURN package Totals Check Number 52152 BUDGET PRINTING 4.62 Check Number 52153 CDP I.MAGINO SYSTEMS 52153 22-Aug-96 CDP IMAGING SYSTEMS Totals Check Number 52153 CDP IMAGING SYSTEMS Check Number 52154 CHUNKS LAKESHORE A'JTO 52154 22-Aug-96 CHUNKS LAKESHORE AUTO Totals Check Number 52154 CHUNKS LAKESHORE AUTO Check Number 52155 COLONIAL LITE INSURANCE CO. 52155 13-Aug-96 COLONIAL LIFE INSURANCE CO, Totals Check Number 52155 COLONIAL LIFE INSURANCE CO Check Number 52156 CRYSTEEL 52156 22-Aug-96 CRYSTEEL Totals Check Number 52156 CRYSTEEL 189.88 189.88 AUG LEASE 329.21 329.21 8171 ELEC WORK, TUNEUP 871.23 871.23 LIFE INSURANCE-AUO 208.74 208.74 ELECTRIC PUMP FOR HOIST 4i 4 22 Aug 1996 Thu 3:4t PM Chtck Register City of Oronc Check Number Date Nsme Check Number 52157 52157 CULLIGAN 13-Aug-96 CULLIGAN Totals Check Number 52157 CULLIGAN Check Number 52158 E'Z RECYCLING 52158 22-Aug-96 E-2 RECYCLING Totals Check Number 52159 E-2 RECYCLING Check Number 52159 EARL F. ANTERSQN k ASSOC. 52159 22-Aug-96 EARL F. ANTERSON k ASSOC. Totals Check Number 52159 EARL F. ANDERSON k ASSOC. Check Number 52160 EAST SIDE BEVERAGE 52160 22-Aug-96 EAST SIDE BEVERAGE Totals Check Number 52160 EAST SIDE BEVERAGE Check Number 52161 ESS BROTHERS k SONS 52161 52161 22-Aug-96 22-Aug-96 ESS BROTliERS k SONS ESS BROTHERS k SONS Totals Check Number 52161 ESS BROTHERS k SONS Check Number 52162 FEED RITE CONTROLS 52162 22-Aug-96 FEED RITE CONTROLS Totals Check Number 52162 FEED RITE CONTROLS Check Number 52163 FIRST CHOICE 52163 13-Aug-96 FIRST CHOICE Totals Check Number 52163 FIRST CHOICE Check Number 52164 FIRSTAR BANK OF MINNESOTA N.A 52164 22-Aug-96 FIRSTAR BANK OF MINNESOTA N.A. Totals Check Number 52164 FIRSTAR BANK OF MIJJNESOTA N.A. Check Number 52165 FIRSTAR TRUST CCMPATf 521C.>22-Aug-96 FIRSTAR TRUST CCMPAN*/ Totals Check Number 52163 FIRSTAR TRUST COMPANY Transact ion Amount 29.90 29.90 5,422.92 5,422.92 67.15 6**.15 227.00 227.00 167.20 303.53 470.73 10.00 10.00 40.90 40.90 2,250.00 2,250.00 50.00 50.00 Page 3 Comments AUG, SEP SERVICE AUGUST RECYCLING 6- DE60SSED S/S PLATES BEER FOR RESALE ADJUSTMENT RINGS CATCH BASIN COVERS CONTAINER CHARGE CLERICAL UNIFORMS INT DUE 9/1/96 AGENT FEE 2/16 - 8/15 1 22 A u 9 1996 Check Register Page 4 Thu 3:48 PM City of Orono Check Transaction Number Date Name AnvDunt Comments Check Number 52167 G &K SERVICES 52167 22-Aug-96 G k K SERVICES 15.28 RATHBUN 52167 22-Aug-96 G k K SERVICES 53.11 STREET EMPLOYEES 52167 22-Aug«96 G k K SERVICES 82.57 FLOOR MATS 52167 22-Aug-96 G k K SERVICES 4.73 STEFFENHAGEN 52167 22-Aug-96 G k K SERVICES 11.29 RATHBUN 52167 22-Aug-96 G k K SERVICES 73.79 STREET EMPLOYEES 52167 22-Aug-96 0 k K SERVICES 4.73 STEFFENHAGEN 52167 13-Aug-96 G k K SERVICES 47.09 FLOOR MATS 52167 22-Aug-96 G k K SERVICES 58 34 FLOOR MATS 52167 13-Aug-96 G k K SERVICES 47.09 FLOOR MATS 52167 22-Aug-96 G k K SERVICES 10.28 RATHBUN 52167 22-Aug-96 G k K SERVICES 53.11 STREET EMPLOYEES 52167 22-Aug-96 G k K SERVICES 4.73 STEFFENHAGEN Totals Check Number 52167 G k K SERVICES 466.14 Check Number 52168 GAFFRON, MIKE 52168 22-Aug-96 GAFFROH, MIKE Totals Check Number 52168 GAFFRON, KIKE Check Number 52169 GEAR WEST SKI & BIKE 52169 22-Aug-96 GEAR WEST SKI li BIKE Totals Check Number 52169 GEAR WEST SKI & BIKE Check Number 52170 GLENWOOD INGLEWOOD 52170 13-Aug-96 GLENWOOD INGLEWOOD Totals Check Number 52170 GLENWOOD INGLEWOOD Check Number 52171 GOLF CAR MIDWEST 52171 13-Aug-96 GOLF CAR MIDWEST Totals Check Number 52171 GOLF CAR MIDWEST Check Number 52172 GOPHER STATE ONE-CALL INC. 52172 52172 22-Aug-96 22-Aug-96 GOPHER STATE ONE-CALL INC, GOPHER STATE ONE-CALL INC. Totals Check Number 52172 GOPHER STATE ONE-CALL INC Check Number 52173 HAMEL BUILDING CENTER 52173 22-Aug-96 HAMEL BUTLDING CENTER Totals Check Number 52173 HAMEL BUILDING CENTER 53.70 53.70 63.85 63.85 292.88 292.88 1,200.00 1,200.00 60.38 60.37 120.75 112.34 112.34 MILEAGB REIMBURSEMENT RACK FOR BIKE CUPS GOLF CART RENTAL-AU3 JULY SERVICE JULY SERVICE POSTS FOR TRAIL SIGNS 22 Aug 1996 Thu 3:48 PM Check Register City of Orono Check Number Date Name Check Number 52174 52174 HEALTHPARTNERS 22-Aog-96 HEALTHPARTNERS Totals Check Number 52174 HEALTHPARTNERS Check Number 52175 HENNEPIN CO-OP SEED EXCHANGE 52176 22-Aug-96 JIM HATCH SALES CO. Totals Check Number 52176 JIM HATCH SALES CO. Check Number 52177 KUSTOM SIGNALS INC 52177 22-Aug-96 KUSTOM SIGNALS INC Totals Check Number 52177 KUSTOM SIGNALS INC Check Number 52178 LAWN DETAILERS INC. 52178 22-Aug-96 LAWN DETAILERS INC. Totals Check Number 52178 LAWN DETAILERS INC. Check Number 52179 LOGIS 52179 22-Aug-96 LOGIS Totals Check Number 52179 LOGIS Check Number 52180 LONG LAKE BIG A AUTO PARTS 52180 22-Aug-96 LONG LAKE BIG A AUTO PARTS Totals Check Number 52180 LONG LAKE BIG A AUTO PARTS Check Number 52181 LONG LAKE POWER EQUIPMErrr 52181 22-Aug-96 LONG LAKE POWER EQUIPMENT Totals Check Number 52181 LONG LAKE POWER EQUIPMENT Check Number 52102 LONG LAKE TRACTOR EQUIPMENT 52182 52182 22-Aug-96 13-Aug-96 LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT Transaction Amount 1.706.09 1.706.09 52175 22-Aug-96 HENNEPIN CO-OP SEED EXCHANGE 148.99 52175 22-Aug-96 HENNEPIN CO-OP SEED EXCHANGE 27.68 Totals Check Number 52175 HENNEPIN CO-OP SEED EXCHANGE 176.67 Check INUfr^r 52176 JIM HATCH SALES CO. 214.51 214.51 13.621.35 13.621.35 2.251.72 2.251.72 2.500.88 2.500.88 8.26 8.26 8.51 8.51 46.95 21.40 Page 5 Comments AUG INSURANCE ATHLETIC MIX-HACKBERRY PK SWR EASEMENT MAINTENANCE STROBE LIGHT SMART TRAILER JULY BILLING JUNE DATA PROCESSING BELT OIL AUGER TEETH BULK HOSE. FITTING •1 22 Aug 1996 Thu 3:48 PM Check Number ' Check Number [ 52182 Check Register City o£ Orono Date Name 52182 LONG LAKE TRACTOR EQUIPMENT 22-Aug-96 LONG LAK^ TRACTOR EQUIPMENT Totals Check Number 52182 LONG LAKE TRACTOR EQUIPMEm Trar*saction Amount 0.72 69.07 Comments 12" AUGER REPAIR Page 6 Check Number 52183 MALLOY KARNOWSKI k CO. 52183 52183 52183 52193 52183 22-Aug-96 22-Aug-96 22-Aug-96 22-Aug-96 22-Aug-96 Totals Check Number MALLOY KARNOWSKI k CO. MALLOY KARNOWSKI k CO. MALLOY KARNOWSKI k CO. MALLOY KARNOWSKI k CO. MALLOY KARNOWSKI k CO. 52183 MALLOY KARNOWSKI k CO. 82.00 1.750.00 2.518.00 2.084.00 1.561.00 7.995.00 AUDIT PAYMENT 83 AUDIT PAYMENT 83 AUDIT PAYMENT 83 AUDIT PAYMENT 83 AUDIT PAYMENT 83 Check Number 52184 MCENANY, MICHAEL 52184 13-Aug-96 MCENANY, MICHAEL 294.86 REFUND APPL. 82162-McENAN Totals Check Number 52164 MCENANY, MICHAEL 294.88 Check Number 52185 52185 MIDWEST ASPHALT 22-Aug-96 Totals Check Number MIDWEST ASPHALT 52185 MIDWEST ASPHALT Check Number 52186 MIDWEST COCA COLA BOTTLING CO 1,057.60 1,057.60 HAND PATCH 52186 22-Aug-96 Totals Check Number MIDWEST COCA COLA BOTTLING CO 52186 MIDWEST COCA COLA BOTTLING CO 359.60 359.60 POP FOR RESALE Check Number 52197 MINNEAPOLIS OXYGEN COMPANY 52187 22-Aug-96 Totals Check NuirCber MINNEAPOLIS O.XYGEN COMPANY 52187 MINNEAPOLIS OXYGEN COMPANY Check Number 52188 52188 MUNICIPAL CODE CORPORATION 13-Aug-96 Totals Check Number MUNICIPAL CODE CORPORATION 52188 MUNICIPAL CODE CORPORATION Check Number 521B9 52109 N.F.P.A. 22-Aug-96 N.F.P.A Totals Check Number 52199 N.F.P.A Check Number 52190 52190 NAVARRE AMOCO 22-Aug-96 NAVARRE AMOCO 45.00 45.00 3,500.00 3,500.00 95.00 95.00 26.00 OXYGEN, ACETYLENE RECODIFICATION OMAN-MEMBERSHIP GAS PURCHASE 22 Aug 1996 Thu 3:48 PM Check Register City of Orono Check Sumber Date Fame Check HOmber S2190 FAVARRB AMOCO Totele Check Number 52190 NAVARRE AMOCO Check Number 52191 NORTH MEMORIAL MEDICAL CENTER 52191 13-Aug-96 NORTH ME?©RIAL MEDICAL CENTER Totals Check Number 52191 NORTH ME^ORIAL MEDICAL CENTER Check Number 52192 NOW CARE MEDICAL CENTERS 52192 Q2-Jul-9€NOW CARE MEDICAL CENTERS Totals Check Number 52192 NOW CARE MEDICAL CENTERS Check Number 52193 NSP 52193 52193 52193 22-Aug-96 2^-Aug-96 13-Aug-96 NSP NSP NSP Totals Check Number 52193 NSP Check Number 52194 O'SULLIVANS AUTO REPAIR 52194 13-Aug-96 O'SULI.IVANS AUTO REPAIR Totals Check Number 52194 O’SULLIVANS AUTO REPAIR Check Number 52195 OLD DUTCH POODS INC. 52195 22-Aug-96 OLD DUTCH POODS INC. Totals Check Number 52195 OLD DUTC** FOODS INC. Check Number 52196 OMAN* LYLE 52196 22-Aug-96 OMAN, LYLE Totals Check Number 52196 OMATI, LYLE Check Number 52197 OTTEN BROTHERS 52197 52197 22-Aug-96 22-Aug-96 OTTEN BROTHERS OTTEN BROTHERS Totals Check Number 52197 OTTEN BROTHERS Check Number 52198 PERRYS TRUCK REPAIR 52199 22-Aug-96 PERRYS TRUCK REPAIR Totals Check Number 52198 PERRYS TRUCK REPAIR Transaction Amount 26.00 8.00 8.00 20.00 20.00 145.16 31.96 163.59 340.71 199.50 199.50 13.09 13.09 44.70 44.70 64.44 87.87 152.31 37.28 37.28 Coftments ROBINSON-TESTING DRUG SCREENING NSP COSTS NSP COSTS HWY 12 a WILLOW CAR WASH TICKETS CHIPS FOR RESALE Page 7 MILEAGE REIMBURSEMENT SOD FOR G.S. 85 SOD FOR G.S. 86 8173 TOW 22 Aug 1996 Thu 3:48 PM Check Register City of Orono Check Number Date Name Check Number 52199 52199 52199 52199 PIONEER 13-Aug-96 13-Aug-96 27>Dec-95 PIONEER PIONEER PIONEER Totals Check Number 52199 PIONEER Check Number 52200 PRO TIRE k EXHAUST 52200 52200 52200 22-Aug-96 22-Aug-96 22-Aug-96 PRO TIRE S. EXHAUST PRO TIRE k EXHAUST PRO TIRE k EXHAUST Totals Check Number 52200 PRO TIRE k EXHAUST Check Number 52201 REED VENDING 52201 13-Aug-96 REED VENDING Totals Oieck Number 52201 REED VTNDING Check Number 52202 ROLF ERICKSON ENTERPRISES 52202 22-Aug-96 ROLF ERICKSON ENTERPRISES Totals Check Number 52202 ROLF erickson enterprises Check Number 52203 ROLLINS OIL CO. 52203 13-Aug-96 ROLLINS OIL CO. Totals Check Number 52203 ROLLINS OIL CO. Check Number 52204 SEELA!^, MICHAEL 52204 22-Aug-96 SEELAND, MICHAEL Totals Check Number 52204 SEELAND. MICHAEL Check Number 52205 SNYDER DRUG STORES Check Number 52206 SOUTHAM BUSINESS COMM. USA 52206 22-Aug-96 SOITHAM BUSINESS COW^. USA Totals Check Number 52206 SOUTHAM BUSINESS CCMM. USA Transaction Amount 139.29 34.33 14.00 187.62 37.86 37.86 206.96 282.68 61.10 61.10 6*550.12 6*550.12 3*062.10 3*062.10 1*288.60 1*288.80 178.20 173.20 Page 8 Comments APRIL* MAY ADS BALANCE DUE 8143* SECOND SERIES 8176 OIL CHANGE* BRAKE CK 8175 OIL CHANGE* BRAKE CK 8170 OIL CHANGE* TIB ROD CANDY FOR RESALE SEPTEMBER FEE UNLEADED GAS EASE.ME.NT-2940 SIXTH AVE N 52205 22-Aug>96 SNYDER DRUG STORES 2.34 FILM DEVELOPING 52205 22-Aug>96 SNYDER DRUG STORES 10.50 FILM DEVELOPING 52205 22-Aug-96 SNYDER DRUG STORES 5.46 FILM DEVELOPING 52205 13-Aug>96 SNYDER DRUG STORES 19.06 FILM DEVELOPING Totals Check Number 52205 SNYDER DRUG STORES 37.36 AD FOR TRAIL BIDS 22 Au9 1996 Thu 3:48 PM Check Register City of Orono Check Number 52210 STRINGER BUSINESS SYSTEMS 52210 13-Aug-96 STRINGER BUSINESS SYSTEMS Totals Check Number 52210 STRINGER BUSINESS SYSTEMS Check Number 52211 SUBURBAN RATE AUTHORITY 52211 22-Aug-96 SUBURB/VJ RATE AUTHORITY Totals Check Number 52211 3UBUR3A.N RATE AUTHORITY Check Number 52212 US WEST CCMT-TITNICATIONS Check Number 52213 52213 WARNING LITES OF hN 22-Aug-96 WARNING LITES OF MN Totals Check Number 52213 WARNING LITES OF MN Check Number 52214 WATERPRO 52214 22-Aug-96 WATERPRO Totals Check Number 52214 WATERPRO Check Number 52215 WEST SIDE REDI MIX INC. 52215 22-Aug-96 WEST SIDE REDI MIX INC 96.09 96.09 400.00 400.00 99.05 99.05 199.14 199.14 19 38 Page 9 Check Transaction Number Date Name Amount Comments Check Number 52207 SRF CONSULTING GROUP INC. 52207 13-Aug-96 SRF CONSULTING GROUP INC-204.86 T.H. 12 RELOCATION Totals Check Number 52207 SRF CONSULTING GROUP INC.204.86 Check Number 52208 STA-•SAFE LOCKSMITH 52.^08 13-Aug-96 STA-SAFE LOCKSMITH 77.78 REPLACE LATOI Totals Check Number 52208 STA-SAFE LOCKSMITH 77.78 Check Number 52209 STAR TRIBUNE 52209 22-Aug-96 STAR TRIBL-NE 54.00 EHPLOY!^2rr AD 52209 22-Aug-96 STAR TRIBUNE 54.00 EMPLOYMENT AD 52209 22-Aug-96 STAR TRIBUNE 156.00 Ea^PLOYMENT AD 52209 22-Aug-96 STAR TRIBUNE 24.05 SUBSCRIPTION renewal Totals Check Number 52209 STAR TRIBUNE 288.05 TONER CARTRIDGES 2ND HALF PAYMENT 52212 22-Aug-96 US WEST COMMUNICATIONS 6.21 US WEST COSTS 52212 22-Aug-96 US WEST COMMUNICATIONS 50.08 US WEST COSTS 52212 22-Aug-96 US WEST COMMUNICATIONS 31.07 US WEST COSTS Totals Check Number 52212 US WEST CCNWUNICATIONS 87.36 BARRICADE RENTAL HYDRANT MAINT KIT REDI MIX CONCRETE i 22 Aug 1996 Thu 3:48 PM Check Register City of Orono Page 10 Check Number Date Name Transaction Amount Comments Check Number 5221S 52215 WEST SIDE REDI MIX INC. 22-Aug-96 WEST SIDE REDI MIX INC, Totals Check Number 52215 WEST SIDE REDI MIX INC, 216.36 237.74 REDI MIX CONCRETE Check Number 52216 WESTSIDE WHOLESALE TIRE 52216 22-Aug-96 WESTSIDE WHOLESALE TIRE Totals Check Number 52216 WESTSIDE WHOLESALE TIRE 10.00 10.00 REPAIR TIRE Grand Total 75.631.39 -i f/ TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator August 23, 19% SUBJECT: Highway 12 Mediation Meeting A Highway 12 mediation meeting involving the cities of Orono and Long Lake and Mn/DOT has been scheduled for 3:00 p.m. on Tuesday, September 17, at the Orono City Council Chambers. The purpose of the mediation meeting is for a presentation and discussion of an alternative concept for the Alternate 6 two-lane freeway along the Burlington Northern Railroad tracks. The alternative concept involves relocating the railroad tracks to the south to enable the two-lane freeway to be located on the north side of the relocated railroad tracks. . ilM ENERGY CORP. T. Milton Honea Chairman of the Board, President and Chief Executive Officer August 12,1996 Dear Public Official, Permit me to apologize for this informal communique, but I felt, in this case, immediacy was more important than style. I wanted to advise you that Nor Am Energ\' Corp., which serves your area through one -------- of our subsidiary companies has received a proposal from Houston Industries Incorporated to acquire the stock of NorAm and merge our companies. Our Board of ■------------' Directors has evaluated this proposed and unanimously voted to accept the offer and submit it to NorAm stockholders for approval. This was announced on Monday, August 12. Although I don't anticipate this consolidation of comparues will affect, in any way, the seiA'ice we are privileged to provide your community, I wanted you to have the details of this proposed merger. I have taken the liberty to enclose with this letter a copy of the press release announcing this event. I have also included fact sheets and other data for your information. The local gas distribution companies, which are NorAm subsidiaries, will retain their sepcirate identities and organizations. This combination offers excellent potential for enhcindng customer service and for providing a wide range of new value-added service. The information 1 have included provides significant details on all aspects of this proposed consolidation. If you would like additional information, please contact our local representative. We will keep you informed of significant events as we proceed. Cordially, 1600 SMITH STREET • P.O. BOX 2628 • HOUSTON. TEXAS 77252-2628 • PHONE 713/654-5931 News Release Contacts; Houston Industries Inc. Dan Bulla (investors), 713-207-3120 Sandy Fruhman (media), 713-207-3123 NorAm Energy Randy Burkhalter (investors), 713-654-7502 Ellen Orsburn (media), 713-654-5930 For release: August 12,1996 Houston Industries Incorporated Announces Agreement to Acquire NorAm Energy Corp. Houston, August 12-Houston Industries Incorporated (NYSE: HOU) and NorAm Energy Corp. (NYSE: NAE) today announced that they have signed a definitive agreement for Houston Industries to acquire NorAm Energy in a transaction valued at $3.8 billion (consisting of $1.4 billion of debt and preferred stock assumed by Houston Industries and $2.4 billion for common stock). The combined enterprise will have a total market capitalization of approximately $14.3 billion. Under the terms of the agreement, which has been approved by the boards of directors of both Houston Industries and NorAm Energy, Houston Industries will pay $16.00 for each NorAm common share outstanding, 50% of which will be paid in cash and 50% in Houston Industries common stock. After closing, four NorAm Board members will join the Houston Industries Board of Directors. The acquisition is subject to shareholder approval of both companies and various regulatory approvals. The proposed transaction combines NorAm Energy, the nation's third largest natural gas utility serving 2.7 million customers in six states, with Houston Industries, a holding company involved in the electric utility and unregulated energy businesses in the United States and in foreign markets. The corporate offices will remain in Houston, where both companies are currently headquartered, and Don Jordan will continue as Chairman and CEO of Houston Industries. Houston Industries' regulated subsidiary, Houston Lighting & Power Company, is the nation's ninth-largest electric utility in terms of kilowatt-hour sales. Its service territory' includes the City of Houston and surrounding communities with a total of 1.5 million customers. HI Energy, Houston Industries' principal unregulated subsidiary, pursues foreign utility privatizations and the development of unregulated power generation projects, primarily in foreign markets. It has projects and interests in Argentina, Brazil, and India. 1 NorAm brings a growing, well-respected wholesale gas and electricity trading business, significant mid-stream gas assets in the form of interstate pipelines, gathering, and storage, and the nation's third largest gas distribution operation. One of its distribution divisions, Entex, serves metropolitan Houston, in addition to communities in Louisiana and Mississippi, and has approximately 600,000 customers in common with HL&P. NorAm also has a leading position in retail energy services and an emerging presence in Mexico and Latin America. The acquisition of NorAm Energy positions Houston Industries to be a national wholesale and retail energy ser\’ices leader with extens.. e gas and electric capabilities. The combined entity will be well-equipped to meet the evolving needs of customers, offering innovative products and efficient service throughout a broad region of the country. Market and regulatory forces are changing the industry’ landscape to a more competitive environment. In addition, the electricity and natural gas markets are converging, and customers are demanding additional products and services. This acquisition will substantially strengthen Houston Industries’ strategic position given these rapid changes in the industry," said Don Jordan. "VVe see several strategic benefits to this acquisition," continued Jordan. "First, it combines Houston Industries’ electric market knowledge with NorAm Energy’s wholesale gas and electricity trading operations and skills, which will help propel the combined company forward in the converging wholesale energy markets. Second, it positions the combined company to provide the bundled gas and electric products and services customers are increasingly demanding. Third, it helps establish Houston Industries broad national energy presence and offers the opportunity for improved efficiency across all of our operations. Fourth, it gives us access to 3.6 million customers, 2.1 million more than we had previously'.’’ Jordan added. This combination presents exciting new opportunities for our employees as we enter the natural gas distribution and transmission businesses for the first time, expand into wholesale gas and electric marketing, and extend our international position.” Milt Honea, Chairman, President, and CEO of NorAm Energy said, "This transaction is a natural fit that will benefit our shareholders, customers, and employee' Our companies have a shared vision, common geographical areas, and compK . -ntrry skills and assets. Our shareholders benefit from the value created by the < .n* tation- the increased access to Houston Industries' experience and skills in the elective power industry, Houston Industries' financial strength, and our complementary international development interests. Our customers benefit from the combined company’s enhanced ability to offer a broad array of products and services, particularly in electricity’. Finally, the combination will provide greater opportunities for our employees as the combined company continues to expand its wholesale, retail, and international presence." 1 "The combination of HL&P and Entex under one owner offers excellent potential for enhancing local customer service and for providing a wide range of new value-added services," Jordan said. "At the same time, we intend to continue the efforts already underway to increase the opportunity to move gas from west to east across the Mid- Continent region where NorAm Gas Transmission and Mississippi River Transmission are strategically located." "Houston Industries plans to expand many of the retail services offered by NorAm Energy throughout its gas and electric distribution operations. NorAm has been a leader in developing new value-added services for residential and small business customers such as appliance repair and preventive maintenance contracts and home security system sales and monitoring, as well as services for other utilities and retail marketers." In addition to serving more than 2.7 million households in six states through its Entex, Arkla, and Minnegasco gas distribution divisions, NorAm Energy is a major natural gas pipeline and energy marketer, providing supply, gathering, storage, and transportation of natural gas and wholesale electric services through its NorAm Trading and Transportation Grotp (NTTG). NTTG includes NorAm Energy Services group (NES), a leading natural gas and electric wholesale trader. In the first sbc months of 1996, NES traded over 2.5 Bcf per day of natural gas and almost 450 thousand MVVh of electricity. NTTG's interstate pipeline system consists of NorAm Gas Transmission and Mississippi River Transmission. In addition, NTTG operates gathering assets in Oklahoma, Louisiana, Arkansas, and Texas through NorAm Field Serv’ices. NorAm Energy Management provides unregulated retail energy services to industrial and large commercial customers. Through NorAm Energy's wide-ranging gas activities, it handles over 5 Bcf per day of natural gas. In addition to its corporate office in Houston, NorAm Energy has offices in Shrev'eport, Louisiana; Little Rock, Arkansas; Boulder, Colorado; Tulsa, Oklahoma; Minneapolis, Minnesota; St. Louis, Missouri; Williamsburg, Virginia; Midland, Michigan; and Miami, Florida. Subject to the approv'al process, the transaction is expected to be completed by the end of the first quarter of 1997. . 1 Selected Financial Data Year-end 1995 Houston Industries NorAm Energy Revenues ($ Millions) Net income from continuing operations ($ Millions) Total assets ($ Millions) 3,730 2,965 397 11,820 3,666 Earnings per share from continuing operations (Dollars) 1.60 0.47 Dividends per share (Dollars) 1.50 0.28 Average shares outstanding (Millions) 248.3 123.9 ,, ### - -V-: Nor Am Energy Corp. Factsheet 1995 NorAm Energy Corp. (NYSE: NAE), is the nation ’s third largest natural gas utility serving over 2.7 million customers through its Entex, Arkla and Minnegasco distribution divisions. It is also the largest in the United States in number of communities served with a total of 1,300. NorAm ’s two interstate pipelines, NorAm Gas Transmission (NGT) and Mississippi River Transmission (MRT), together form one of the nation ’s largest pipeline networks with approximately 8,600 miles of pipeline moving natural gas from the vast mid-continent supply regions to on-system markets and to pipelines serving the densely populated Northeast and midwest markets. NorAm Field Services (NFS) operates approximately 3,500 miles of gathering pipelines moving in excess of 200 billion cubic feet (BcO of natural gas per year. These lines are connected to over 3,900 wells and reserves of 36 trillion cubic feet of gas in major producing fields in Arkansas, Oklahoma, Louisiana and Texas. NorAm Energy Services (NES) provides wholesale energy marketing services including the non-regulated rebundling of gas supply, storage, transportation and other services, as well as electric power marketing. NorAm Energy Management (NEM) is the company ’s retail energy supplier, providing total energy portfolios to int astrial and large commercial consumers. This retail marketing effort generated 169.7 Bcf of gas sales in 1995. This group also provides other energy services such as performance contracting, risk and energy management as well as services targeted to the residential consumers. Selected Financial Data (millions of dollars)1995 1994 Annual Revenues $2,964.7 $2,857.9 Operating Income 287.3 264.9 Earnings-Continuing Operations 65.5 51.3 Total Assets 3,666.0 3,561.5 (per share data) Earnings $ 0.47 $ 0.33 Dividends 0.28 0.28 Stock Price: High 9 9 Low 5 1/8 5 1/4 Close 8 7/8 5 3/8 Ave. Common Shares Outstanding 123.9 million 122.4 million Employees 6,600 . < HOUSTON INDUSTRIES INCORPORATED FACT SHEET (Year-end 1995) Houston Industries Incorporated (HI) is a holding company with $11.8 billion in assets and annual revenues of $3.7 billion. HI is involved in the electric utility and unregulated power businesses in the U.S. and in foreign markets Houston Lighting & Power Company (HL&P), a regulated electric utility, is Hi’s oldest and largest subsidiary Hi’s business strategy is to remain in the energy and energy services industries and to pursue opportunities with the potential for greater growth and risk-adjusted returns than could be achieved in the regulated utility industry alone. Houston Lighting & Power Company (HL&P) is the nation ’s ninth-largest electric utility in terms of sales which, in 1995, exceeded 61 billion kilowatt-hours HL&P serves more than 1.5 million customers in a 5,000 square-mile area along the Texas Gulf Coast that has a population exceeding 3.7 million Firm peak demand in 1995 was 11,419 megawatts. Houston Industries Enei^, Inc. (HI Energy) pursues foreign utility privatizations and the development of unregulated power generation piojects HI Energy has operations in the U.S., Argentina and Brazil, and projects under construction in Argentina and India. Selected Financial Data ($ Millions) Revenues:1995 1994 HI Consolidated HL&P $ 3,730.2 3,6803 $ 3,754.1 3.746.1 Income from Continuing Operations: HI Consolidated HL&P 397.4 451.0 424.0 453.2 Total Assets:11,8196 11,403.1 Geographic locations of combined businesses . of NorAm Energy Corp. and Houston Industries Incorporated (Not shown are additional operations in South America.) ;v / Washington NorAm Divisions 3 Minnegasco A Arkla •Entex NGT • •a e a a MRT »r * V • Houston Lighting & Power Subsidiary of Houston Industries Incorporated Area ^ of Service. w H/imnega$co A MORJIMI EH£BGY COMPAHY Minnesota Contacts F jr NorAm Energy Corp. A1 Swintek 800 LaSalle Avenue, FI. 11 Minneapolis, MN 55402 612/321-4799 Ame Hendrickson 800 Lc le Avenue, FI. 11 Minn- olis, MN 55402 612/321-5375 Roger Schoeb 2400 North Riverfront Drive Mankato, MN 56001 1-800-245-2377 SOO LaSillle Avenue, FI 11 FH). Box mm Minneapolis, MN 55459-0038 ilurdayUST17.1996 Ji one sr on >n? n persists Ihofer's eye on sin hank \Vi iters I’s the (*r speculation ic troops at I'ir- osin’s flagship adc (iriindliof- vMnn. a higl«- l>:inking hlitz- ilir company, Itaiikcr IV the warlords ruar. Manage- to tell eniploy- nmer tliat l-ir- vn destiny. But 0-JLJJ DSI-CTION Starlnbune Alloi’iieys Moplinm Haik Sdiiiobricli & F(aiifman, where niorc than 50 lawyers liave l)eeli fired or leH since last I’all, IS losin;; )0 more attorneys eii masse - incliidin;!: its fomier chairman and the cliiel or its hichlv re&'ml(Hl health (‘arx‘pniclice. ‘ ^ Mass defection at Popham Haik By Susan Feyder Star Trihum- Stuff Writer Popham llaik Schnohricli & Kaufman, where more than 50 lawyers have been fireil or left since last fall, is losing :t() more attorneys en mas.se — including its former chairman and the duel of its highly regarded health care practice. Keith llalleland, head of the health care group and a former memher of Popham I laik's man ­ agement committee, .said I'riday that lie and four other former executives of the .Minneapolis firtn — the state's seventh largest — are starting their own llrm. Joining ihetn will he four oth­ er Popham llaik |)artners. about 20 associates ami other Iaw7crs who work for Popham llaik and 10 of the firm’s paralegals. The departures include basically all members of Popham I laik's health care practice, llalleland said. Whih* the need to control costs in the face of fierce compe­ tition has prompted Popham llaik to trim emithryee jrerks and Iree/e attorneys’ starting sala ­ ries. llalleland said the decision to leave "wasn ’t about money." lie said the move was prompted by the founders’ belief that their new firm can deliver the same legal services at a lower cost and operate more efficietrlly than a large firm such as Po- |)ham llaik. The new firm, which will open Monday iit Mmnr'apolis, will be called llalleland. Lewis, Nilan. Sipkins & Johtrson. Besides llal ­ leland, the founders are: >• Don Lewis, who served as Popliani 1 laik ’s clniirman until a management reorgani/aiion eliminated that position last spring. Turn to LAWYERS on 03 Commercial real estate Ti t proposa could he facini^ The stakeholders A gimle to itilerestecl parties in the proposed downtown Target project >• Dayton Hudson > OpusCorp. ► The lanrinwnors INDHX ^rcks Pagr* I / i Mar/cels Jt^.»' - N lir.—/ D a< m Clo do\ Voh 4\Clo up Vol. /'r Sli Clu- up; Cki UflL. Oil CIm Mp( VVesf (irk) Do voting by KCPL shareholders. Western Resources said its proxy solicitors were estimating that just 47 percent of KCPL shares were voted in favor of the Utili­ Corp merger, which values KCPL at S1.7 billion Western Resources, making its own $1.9 billion hostile takeover Restaurant firm Famous Dav^s to offer stock Famous Dave ’s of .America Inc. said Friday that it intends to offer stock to the public this fall to help finance its expan ­ sion. The Plymouth-based res­ taurant company, known for its ribs and other barl ecucd entrees, was founded h\ Dave Anderson, cofounder of Grand Casinos in 1990 and an early investor in Rainforest Cafe Inc. Famous Dave ’s intends to sell 2 million shares in the ini ­ tial public offering. Each share will be paired with one re­ deemable warrant. The name of the undenvriter has not yet been released. Famous Dave ’s operates restaurants in Minneapolis, Ro'eville. and Hayward. Wis., and will open a fourth on Sept. 4 at Calhoun Square in the Uptown area of Minneapolis. — Ann Merrill F U z L £'p r Call 1-900-896-2123 Call lot fo clues Item today s yesterday s or last Sunday s cross vworrJ cen’s pet minijtp Touch tone o. .OI.V, ft at c^orf. starTflbune standing shares, according to a recent court ruling, or a simple majority of all shares voted, ac­ cording to its owm reading of Mis souri law, to proceed with the UtiliCorp merger. Tabulation of the vote by an independent auditor is expected to take three to four weeks as approval, with 76 percent of ail shares voting in favor. Western Resources stock rose 37>s cents per share to $29.62'i and UtiliCorp rose 25 cents to $29 on the .New York Stock Exchatige. KCPL was unchanged at $27.62 ‘i on the NTSE. LAWYERS from D1 Popham Haik law firm losing 30 attorneys in mass exodus Lewis, the first black attorney to head a major Twin Cities law firm’, has had clients that include the University of Minnesota and the city of Minneapolis. >• .Michael Nilan, head of Po­ pham Haik's national and com­ plex litigation practice, whose cli­ ents include Glidden and PPG. > Tom Sipkins. chief of Po­ pham Haik ’s labor and employ ­ ment group, with clients includ­ ing Unisys and Lockheed Martin. ► Brian Johnson, head of Po­ pham Haik's product liability practice. Halleland said he and the co­ founders expect to take their ma­ jor clients with them to the new firm. In his case that would in ­ clude Allina Health System, HealthPartners and ReliaStar Fi­ nancial Corp. Popham Haik spokeswoman "''errie Wheeler declined to com­ ment on whether the firm will try to reconstitute its health care group or replace the departing employees. The firm issued a pre ­ pared statement from President Paul Koches that said it has adopted a program to cut costs, reduce debt and focus on certain core practices. "While it is unfortunate that certain shareholders who did not agree with the program have cho­ sen to pursue their indhidual in ­ terests elsewhere, the vast major­ ity of the shareholders remain confident of the firm’s abilitv to• continue its long history of suc­ cess and client service," the state­ ment added. The departures at Popham Haik began last fall when the firm fired some attorneys and support staff. Others later jumped ship because they feared the cutbacks meant that the firm was in seri­ ous financial trouble, something Popham Haik officials have denied. The move by Halleland and his colleagues brings the number of attorneys at the firm to about 150 compared witli 234 last fall. But perhaps ntore important, this is the first time such a large group has left en masse to estao- lish a firm of their own. That’s jarticularly significant, as are the osses of the entire health care group and such high-profile at­ torneys as Lewis, according to one legal-community veteran. "Mv sense is that if the heart of [Popham Haik) has not been removed, certainly a major organ has,” he said. “This is a very big deal." SSLesSeSNSPKTClUff fiS8URBlS«0IBIIYSBIli MCIL'OCS LflT.SLUlW h:oc€ ^0XHKjc- •TrXTX> AS low AS mSPB! S5 i?LCHLUI'JR •Moo.':-:-•wcncN-iecm •mT3iv:=“ 36 MO lEASE! NlllOimn.: 0 CAP COST RED^N S509'.5 •Dt£ CN CELIVERj' S5?9 IS' PAT. S>:C0 PEFL ’NDAELE sec CE®. UC. JK/^ SACOFcE T0TALCC,VN$77c:^: PLIP.CHASE OPTICS AT LE.ASE END 529 993 36 12.CCC ‘.’IVr PLUS TA.X 36 MO.UASED a MON'MtVflM .0 CAP COST REdOCTKi •Cut CN CEL:VET^ 1ST PAY. 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