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Home My WebLink About09-11-1995 Council Packet\ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 11, 1995, 7:00 P.M.ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY’, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet which mav be obtained upon request from the Recorder. ROLL CALL •1. CONSENT AGENDA APPROVAL OF MINUTES *2. Regular Meeting of August 28. 1995 . *0. PARK COMMISSION COMMENTS - Lili McMillan Representative PLANTSING COMMISSION COMMENTS - No Representative Selected PUBLIC COMMENTS - (Limit 5 Minutes Per Person) %u Id ZONLNG ADMINISTRATOR’S REPORT 3.#1980 A & T Development, 460 Park Avenue Variances - Request to Amend Access Plan 4.#2036 Robert J. Gountanis, 1098 Loma Linda Avenue - Variances - Resolution 5.#2039 Wally Carson/Orono Limited Partnership 10 Somerset Lane - Conditional Use Permit - Resolution 6.#2045 John Stcinmetz, 1155 Brown Road South - Variances - Resolution 7.#2048 James Joann Jundt. 14CK) Bracketts Point Road - Conditional Use Permit/Variance - Resolution 8.#2050 William Toles. 3165 Nonh Shore Drive - Variance - Resolution 9.#2051 Michael Hilbelink/John V'ogt, 2760 Watenown Road - Preliminarv' Plat - Resolution 10.#2057 James Nystrom. 1745 Concordia Street - Variances - Resolution 11.#2033 Donald & Arlene Kie'ley, 1670 Shadywood Road - Variances - Resolution MAYOR/COUNCIL REPORI ENGINEER REPORT CITY ADMINISTRATOR’S REPORT 12.Adoption of Preliminaty 1996 Budget and Ta.x Levy - Resolutions 13.Establish Truth in Ta.xation Hearing Date and Time 14 Letter of Intent to Purchase Two Police Squads 15..Schedule Public Information Meeting Regarding Bracketts Point Curve Roadway Improvements *16. E.xtension of rium Regarding Private Driveways - Ordinance 17.Park Bench i.jco 18.Establish Date tor Off-Sale Liquor License Public Hearing CITY ATTORNEY’S REPORT (♦19.) LICENSES (*20.) BILLS AGENDA FOR COUNCIL MEETING SET FOR MONDAY* SEPTEMBER 11, 1995, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVENTS 09/11 09/12 09/13 09/14 09/18 09/19 09/20 09/20 09/21 09/25 Council meeting 7:00 p.m. School Board meeting 7:00 p.m. School meeting 10:00 - Noon North Long Lake Neighborhood Meeting 7:00 p.m Planning Commission meeting 7:00 p.m. School meeting 8:30 a.m. - 3:00 p.m. School meeting 8:30 a.m. • 3:00 p.m. Highway 12 Policy Committee 5:30 p.m. School Board meeting 7:00 p.m. Council meeting 7:00 p.m. »Ar f ■~1—1—~l mil M I I■fl'Birii n m a nAirMwuaarlw ■I itttni ■■I ttimm ■■■t ■.. PLANNING COMMISSION COUNCIL meeting date PUBLIC ATTENDANCE 9-//- 9 6 PLEAS3 FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) name or number 2. 3. 9. 10. 11. 12. 13 . 14. T><L\ /M/rj v/ (y ^ .'<6 15. 16. 17 . 18. 19. 20. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 28,1995 > ✓ '%', \.^ m V The Council met on the above date with the following members present Vtayot Edi^ \ '4 Callahan, Jr , CouncU Members. J. Diann Goetten, Gabnel Jabbour. Charles Kelley, aid^ JoEllen Hurt, who atrived after the vote of the Consent Agenda item *1 Representmg 9 Staff were City Adminisuator Ron Moorse, Public Works Director John Gerhardson. Building and Zoning Administrator Jeanne Mabusth. Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, and Recorder Sherry Eros Ma>*or Callahan called the meeting to order at 7 00 p m (*#1) CONSENT AGENDA Items 10. and 1 1 were added to the Consent Agenda. Goetten moved. Kelley seconded, to approve the Consent Agenda as amended. Ayes 4, (#2^) LAKE MINNETONKA COMML'NICATION COMMISSION'S PROPOSED 1986 BUDGET - JIM DANIELS J'*m Daniels Cable Administrator, and Commissioner Tim Pattnn, were present to relay information to the Council on the Lake Minnetonka Communication Commission s budget for 1996. which was recently approved by their commission. The Council was informed of a bill passed in the Congress concerning local and maintaining the right of way easements under local control A refund ot S1 ot cable fees was made this past >ear to retlect reduced basic rates to subscribers A refund of State government ta.x was also received. The Disney Channel was moved to a service from a premium status resulting in cost reduction to subsenbers The Counci was notified that an opening was avaUable for televising an 8th city council meeting, if interest e<l Kellev questioned the number of subsenbers and increase in subscribers, whether members were surveyed of their satisfaction with their cable, how the ftinding is originated for the commission, and if balance sheets w ere av ailable tor review, tm Daniels informed Kelley that there were approximately 7300 subscribers among the . communities served Although the commission has no access to intormation on the number of members lost, a complaint process is in place The commission has t wo representatives from each community on its board 1 he commission is funded from a 5. o franchise fee received from the gross profits of the cable companies Intormation on the commission budget and balances are supplied to the cities involved on a quarterly basis. A fund is available for unforeseen costs such as audits and lawyer tees Callahan asked about proposed congressional legislation, which Daniels said is expected to pass as stated with major impact on cable service MINUTES OF THE REGULAR ORONO CITV COUNCIL MEETING HELD ON AUGUST 2$, 1995 (#2 - Lake Minnetonka Communication Commission - Continued) Jabbour said the City is fortunate to have Tim Pattrin on the commission. Pattrin has recently been elected vice-chair of the commission. It was noted that recent resolution has be« made regarding complications between Triax and the schools over the local studio, which was closed last fall. The commission has taken over the management and control of the local programming access and is looking for a place to house the studio in the west franchise area. Jabbour moved, Kelley seconded, to support the 1996 budget of the Lake Minnetonka Communication Commission Ayes 5, Nays 0. APPROVAL OF MLNUTES (*#3) REGULAR MEETING OF AUGUST 14,1995 Goetten moved, Kelley seconded, to approve the Minutes of the Regular Meeting ot the City Council of August 14, 1995 A' ~s 4. Nays 0 PARK COMMISSION COMMENTS Park Commissioner Howells informed the Council that the aw'ard presentation for the Friends of the Park will be celebrated at the November 6, 1995 meeting of the Park Commission PLANNING COMMISSION COMMENTS No member of the Planning Commission was present PUBLIC COMMENTS Sam Marfield, resident of Scotch Pine Lane since 1974, reported to the Council his desire, as well as that of several -ieighbors, Doug Hill and Bill Toles, to vacate the street. It is their desire to ask the County for a curb cut off of CoRd 51 and replant the area with trees. The application will be going before the upcoming Planning Commission Marfield asked for input from the Council. Callahan said he would recommend their proceeding with the application Marfield was informed that the Council is presently studving the driveway problem The application could be held up because of the moratorium but w ould be dependent on the details Hurr asked if the lot lines would remain the same Lots lines will be proposed for change along with the vacation in order to allow the Hills lot to be continuous to the lake. ZONING ADMINISTRATOR’S REPUR l^Ur^llNV# ----------- Mr. Kiellcy and contractor, Jerry Rodofs, were present. Mabusth reported that an ^ded pl^ coverage and hardcover *Ootion A would have an increase of 362 s f. for a structural coverage for a 4.. vanance p coverage by 361 75 s f for a 3% 3% variance. Option B wodd rncr^e variance. Hardcover currCTtly exists at - . ,^^ ^ pavmg and the amended plan proposed hardcover at 42,o.o w.th reduction in structure. .K. n--“34sir and be in line with tht pnncipal structure. 10.5x42 5V Roelofs said he now has a ihe garage were moved <>“' ” * ' “ :feasible for the property to have only a Concrete driveway area at 78 s.t. wni aisu uc Hurr asked if dte blacktop area by the garage could be reduced in sire Kelley said the Go«tten asked rp'ac^rr!t“ TWS woul^rt" stntctural hardcover ar.d coverage and add the needed storage space sr .cit' 'SI"" home for three years. 1 vkith the need for bieger houses and potential tear do^ of Jabbour said he ts ntaimL small houses on small lots and ailcw residences Jabbour relayed 'h«j^wn and found non-conform.r,; cXh^nXdtfTva^^ces would be required Mabusth said area and lo, wtdth variances would be needed. ME^UTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2*, 1995 (#4 - #2033 Donald & Aricne Kiclley - Continued) Jabbour said only a slight encroachinent exists in the 0-75* zone and saw no problem with this area. Mabusth added that the 0^75’ is grassed and gradually sloped to the lake. It was noted that tl» survey was completed two months ago. Callahan said the issue of a garage in the right-of-way is very troublesome Huir asked if it was addressed when the other garage was approved. Mabusth said the new garage was deah whh as a storage issue aiKl required removal of pavement and a shed. Plastic and rock were not part of the calculations at that tiuK. Kelley said he would consider approval of the addition if the garage located in the right- of-way was taken down. Jabbour asked if the garage could be moved in on the lot. Goetten and Hurr both noted the hardcover and lot coverage would increase with that scenario. Neither Staff nor Roelofs have seen the inside ot the garage to view the constructioa Goetten said changes to the garage have been brought before the applicant, and it is her assumption that Kielley does not wish to make any changes with the garage. Jabbour said the idea of moving the garage has not been discussed. Callahan said if the part of the garage encroaching the right-of-way were removed, the applicant would still have room for three cars, and no increase would result in hardcover. Kelley asked if a garage were removed, if a variance for structural coverage was required. Mabusth said the structural coverage should be below 15% if one of the garages was removed. Kelley said he would deny the application as it now stands. Goetten inquired of the applicant if he would be willing to make changes to the garage located in the right-of-way Kiclley said it was his belief that the portion of the garage in the right-of-way was not credited for its structural coverage. Jabbour responded that the Council views public safety highly and would rather sec the garage moved. If this was done, Jabbour said he would consider the options proposed. Kelley moved, Goetten seconded, to table the application to later in the meeting to allow the applicant to consider the alternatives. Ayes 5, Nays 0. When application proposal reconvened, Roelofs said he recognized the problems noted by Jabbour, and the applicant was willing to move the garage out of the right-of-w’ay. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 1995 (#4 - #2033 Donald & Arlene KicUcy - Continued) Hurr said the back up area calculated at about 36' was more than was ne^ed in order lo back up safely and proceed forward unto CoRd 19. Hurr suggested th*; excess of 140 s.f. of hardcover could be reduced in this area so that hardcover would not be increased. The appUcant said there is no parking allowed on CoRd 19, and this driveway area is used for parking and for turnaround. Jabbour and Goetten concurred with the problems of parking Hurt said she would still like to see more concessions done to reduce the 140 s.f of hardcover. Jabbour moved, Hurr seconded, lO approve the amended proposal provided applicant move the garage out of the right-of-way and work with Staff to reduce the hardcover by 140 s.f Kelley noted that if the garage was moved and found to no longer be structurally sound, the applicant would not be able to rebuild it. The approval as noted above was amended to include the garage would not be allowed to be rebuilt if found to be structurally unsound after it was moved. Kelley also commented on the hardcover removal on the north side of the residence. He is concerned that it will reappear at some point Kelley noted that it is human nature to revert back to the norm. It was suggested the applicant work with Stall on a grading plan to correct any drainage problem along the north side Callahan questioned whether general terms should be used in the resolution. Mabusth said the resolution will be brought back before the Council in final form for approval and to consider present approval as conceptual. Mabusth asked Jabbour il approval was given for either the removal of part of the garage or its entirety Roelofs asked it as part of the construction process, the garage could not be moved after either the footing inspection or the framing process Kelley questioned if the garage was attached to the other garage, if it would be in excess of the allowable accessory structure square footage The garage will not be attached to the other but still will not meet the separation requirement and will require a fire wall. Kelley said other variances might be required with this change and felt the application should be tabled to see it in its final form Callahan said the hardcover calculations at this time are unknown. Ayes 3. Hurr, Goetten. Jabbour, Nays 2. Callahan. Kelley, who said not enou^ intbrmation was known at this time and needed to see the application in final form Hurt asked that the application be seen at the ne.xt meeting later in the agenda so that she would have an opportunity to participate in the consideration of the application. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 1995 (#5) #203i ROBERT J. GOUNTANIS, 1098 LOMA LLNDA AVTNUE - VARIANCES - RESOLUTION TABLED Robert J. Gountanis and Ann Stevens were present. Mabusth said the application is for setba^ area, and lot width variances to rebuild the approximate building envelope of the e.xisting residence, porch, and detached garage. The garage is located 5.4* off the right-of-way of Loma Linda and encroaches 6 inches into the public access to the left. The property is located on the curve ot the street resulting in a safety issue as the garage doors opeu up onto the street. Mabusth reported the applicant originally presented three development plans. Case I consisted of partial repair of the existing toundation on the lake side and would limit structure to a single story improvement. Case 2 included j,x8 additions at the northeast and southeast comers of residence total repair of the foundation to enable a second lev’el. The Planning Commission felt these two options were only band-aid type improvements. Case 3 invo'ved a total rebuild at the approximate size of the existing building envelope but moved further out of the 0-75' lakeshore setback zone with a ma.ximum of a -2x22 single story garage. The application was referred back to the Planning Commission due to the applicant's desire for a second story on the garage This was denied The garage doors were recommended to open away from the street The garage, which originally encroached 6" into the public access, was now required to be located j from the public access for a setback improvement. The hardcover increased dramatically due to the smaller area in the 75-250' zone. The applicant presented to Staff a petition signed by six neighbors of the neighborhood giving their support of the upgrades The petition was later read into the minutes by Mayor Callahan. Kelley said the reason the Planning Commission denied the second story to the garage was because of the variances required and the substandard lot size. Hurr asked if the garage was now a one story The applicant said the home has a total of 2-1/2 stories with a basement level first floor, and expansion area above containing one bath The proposal is now for a 3-bedroom, 3-1/2 bath Hurr said it was her opinion that the proposed house was too much house on a substandard lot She suggested a tuck- under garage with the bedrooms above to reduce the structural coverage. MINUTES OF THE REGULAR ORONO CITY COUNCU.MEETING HELD ON AUGUST 2S, 1995 (#5 - #2036 Roben J Gountanis - Continued) Gountanis said a tuck-under garage would not work with the lot dimensions and geometry of where rooms need to be. He fek a tuck-under garage would require the house to be moved more towards the lake, require side setback variances, and result in difficulty in gaining access to the garage. Kelley said the suggestion was to leave the house where proposed and put the garage underneath it. The old garage could then be removed and grass laid. The applicant did not feci the elevations were good for this proposal. Hurt said the lot would not support three bedrooms The applicant said a bedroom was needed on the main floor for an elderly mother, who requires a wheelchair. Kelley asked if structural cov erage was an issue. The Planning Commission approv ed a proposal to include house and garage not to exceed the 1 500 s f Goetten questioned the difference in hardcover calculations between case 2 and 3. The rounding off of the comers of the house and the paved driveway resulted in the difference between 65% and 62%. The garage doors are side loading. Approaching the garage from the public right-of-way had been discussed but the applicant was of the strong opinion that the use of the access by the public was high MabustH she teccivtd a call today from a local neighbor about the high use of the pubh: access. Goenen questioned w hether the Council could recommend^ccess to the garage from a public access Gerhaidson said he would need to look into it as there is a major drainageway along the propeny and a lift station located across from the property. Mabusth said the use of the unimproved public right-of-way was subject to the recommendation by Gerhardstm Callahan noted that the current garage, a single stall, requires a car to pull out in the Loma Linda right-of-way Jabbour said the Loma Linda right-of-way has more use than the public access landing. The applicam asked who would be required to create the driveway from the pubic right- of-way and what were the rules involved He was informed that it would be his responsibility but the City would look at it similar to a driveway, not a roadway. The applicant said if the driveway was from the public access, it would be used by the public. Gountanis said he has seen 1-3 vehicles with trailers parked there. Ann Stevens noted that there is a large ditch in that vicinity that would require a culvert. She said she works late and fears that it would be blocked when she was returning home. Callahan suggested moving the garage to where the driveway is currently located and visa versa This would result in an appearance of an open comer than being filled with a square building. J MDIUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 (#5 - #2036 Robert J. Gounumis - Continued) Hurr asked how much room there was to back up in the driveway area. The applicant leaiH there was approximately 23*. Gerhardson said at least 20' is required in order for a car to successfully back out. Hurr reiterated she was uncomfortable with the large size of the home as proposed It is her suggestion the applicant reduce the number of bedrooms to two and add the tuck under garage. The applicant noted the importance of having a bedroom on the first floor. Hurr S2ud the applicant purchased the lot and the hardship should not be on the City noting the number of variances being requested. The applicant said if he was unable to build as proposed, he would be better off patching up the residence where it now stands. Callahan again noted a change in the garage location and the amount of hardcover produced by a turnaround. Mabusth said the location on the curve with backing up onto the curve adds another dimension to the safety issue. Callahan said he preferred the reverse of the driveway as proposed. Callahan asked who had drawn the plans. Gountanis said the conceptual sketches had been done on computer. Callahan was informed that Gountanis was an engineer by trade. Callahan moved to approve Application #2036 per the Planning Commission recommendations There was no second to the motion, Ann Stevens suggested moving the house forward and taking the garage apron out. The house as it presently lays creates a large look to it By moving it forward, the house would begin lower and look less massive. Callahan said by moving the mass ot the garage away fi'om the comer, it would enable people to see around and across it. Goenen asked how much closer to the lake would the house have to be moved and questioned the ability to move it forward. Hurr said the purpose of the tear dowm should be to correct problems Hurr noted the DNR also commented on the structure being too large for the lot. She telt this was the time to consider afresh and make the necessary improvements. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 1995 (#5 - #2036 Robert J. Gountams - Continued) Callahan said the letter from the DNR was a standard-type form and not necessarily specific to the property. Jabbour responded that the proposed residence was too large for the lot. Callahan said the applicant was entitled to ISOO s.f of lot coverage. Jabbour said there was a safety factor with the driveway. Although the code allows for 1500 s.f of coverage, Jabbour noted there are still iakeshore setback and hardcover requirements to be met. It was his opinion that the applicant was not making structural concessions. The applicant said he looked at reducing the footprint but needed the four basic rooms on the fii^ floor. Jabbour said it cannot be assumed that all lots can handle the four basic rooms. Some lots are only large enough to accomodate a smalK • home. The applicant said the only other r^ alternative was to repair what was there, which Jabbour said would be all right, and then to add a garage, which Jabb*»»ir said he would not be in favor of The owner of 1090 Loma Linda voiced his support of the proposal. The moving back of the home out of the 0-75' zone would enable this neighbor a better view. Jabbour said he understood this, but questioned what the City would end up with in time with houses comer to comer on lots. Kelley said he was not in favor of seeing several proposals in front of him for approval. It was his request to send the application back to the Planning Commission until one proposal could be presented to the Council Kelley moved. Hurr seconded, to deny Application #2036. Goetten said the applicant should have the opportunity to uble the application to review the proposal so he would not be required to wait six more months until he could present another proposal. The ^plicant t^reed with Goetten. Kelley moved. Hurt seconded, to table Application #2036. Ayes 5, Nays 0. The applicant asked what parameters would be acceptable. Kelley said the proposal as drawn is too ambitious. The lot coverage should be limited to 1500 s.f with a tuck under garage as a viable solution. Goetten concurred with the dimensions being too large for the lot and said the applicant should speak with Staff regarding options. Callahan said he would have supported the Planning Commission recommendation Jabbour concurred with Kelley and Goetten. Hurr asked if Gountanis had already purchased the lot. The applicant said he had. Ann Stevens said it was done based on the Planning Commission recommendation. The Council refuted that remark as the applicant had been made aware of the advisory status of the Planning Commission and the approval needed from Council. (•#6) #2042 THOMAS FRANK, 1233 BRUR STREET - VARLANCES - RESOLUTION #3591 Goetten moved, Kelley seconded, to approve Resolution #3591. Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCILMEETING HELD ON AUGUST 2S, 1995 (#7) #2046 LAKEVIEW GOLF» 405 NORTH ARM DRIVE - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3592 Mr. Wenkstcm and contractor were present. Gaffi-on reported on the two pan proposal at the 130 acre golf course. Construction of a 4500 s.f. accessory structure is proposed 500' east ot CoRd 19 and 600 south of North Arm Drive West. Three buildings are presently on the property with a clubhouse, storage building, and a storage/maintenance building with driveway access to CoRd 19. A variance is reejuired due to the excess ot size over the 3000 s f. limit tor properties ot 9 acres or more. There is an accessory structure ordinance based on lot area but the table stops at the 3000 s.f limit A draft amendment has been written to extend the table with 200 s.f. of accessory structure for each additional acre This proposal could be supported if the current table is extrapolated .Also re^uIred is a variance tor excessive footprint area of all buildings This property contains 6700 s f with three buildings where 6000 s.f is allowed under the present code. The proposed storage building will not have a driveway, will be used for storage only, and have no access during the winter months The Planning Commission was concerned with the screening. The building is open to the north and west There are some mature trees but the building would sit above another shed by the silo. The applicant was asked to work with Staft before the permit was issued to soften the view There are no height issues involved as the building is fairly low. The second part of the proposal is regrading of fiurways 15 and 16 Fairway 15 would be moved to the south and 16 to the southwest. This would open up the area to allow for a future building site. The sketch plan for the subdivision was viewed positively by the Planning Commission 1800 cubic yards of fill will be moved with no import or export to create a small swale Under consideration is the creatic. of a 3000-5000 s f pond. The Encineer sees no problem with the plan or with drainage. The applicant will work quickly to revegetate the area in order to ready it tor play Goetten said she saw no problem with the proposal but was concerned with future outbuildings The applicant informed her that this building should take care of the needs of the golf course Hurr asked about the color of the building. Wenkstem said earth tones would be considered and would work with Statf on this as well as on landscaping Gaftron said the applicant will be asked for an updated survey "as built" to show the lot changes and location ot all buildings MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 1995 (#7 - #2046 Lakeview Golf - Continued) Kelley asked, with the escalation of real estate values, should a future extension of development occur that the resolution mandates the structure being removed. Gaflron said the required covenants stipulate that the acreage could be no less than 17 acres or would require tla building to come down Wenkstem said it was possible that the work would not get done this season and asked about a renewal or the best way to go about it. A CUP is good tor a year trom the date it is approved A permit could be obtained w ith a follow-up six months later Hurt said if a grading permit was obtained and the codes met, this would be approved. Jabbour moved, Hurr seconded, to approve Application #2046 Ayes 5, Nays 0. The contractor asked about burning permits on site with diseased elms Jabbour said the MPCA is the agency that does not allow the burning Callahan told him to speak with Gerhardson about a permit. Gerhardson noted logs can be burned but not brush. A permit is good for a certain p>eriod of time (#8) #2054 TONY EIDEN CO.MPANY. 2700 COUNTRYSIDE DRIVE WEST- CONDinONAL USE PERMIT - RESOLUTION #3593 Charles Dillerud represented the Eiden Company. Mabusth reported that the application involved the filling of 600 cubic yards for a walkout design residence. The property has positive drainage and no change would occur in the existing drainage patterns. A type 1 wetland to the northwest receives the majority of drainage from the lot The applicant is asked to create a swale on the south side of the driveway so no drainage flows to the septic areas. An inspection will occur to ensure that erosion control is in place. Goetten noted that the monument application under consideration at the Planning Commission meeting had no representation The applicant was informed that 10 people were at the meeting to address the issue and asked for consideration by the applicant to amend original proposal The applicant was informed to notify Staff if unable to attend so the announcement can be made to inform those in attendance. Dillerud apologized for the misunderstanding He said he was not informed about the meeting and has taken steps to ensure it would not happen in the future. Hurr moved. Jabbour seconded, to approve Resolution #3593. Ayes 5. .Nays 0. t i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 _______________________..■______________________________________________________________________— (•#9) 1995 JOINT USE DOCK LICENSE - VICTORIA ESTATES HOMEOWNERS ASSOCIATION - RESOLUTION #3594 Goetten moved, Kelley seconded, to adopt Resolution #3594, directing Staff to issue a Joint Use Dock License to Victoria Estates Homeowners Association subject to conditions noted therein for the period of January 1,1995 to December 31, 1995. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour informed the Council that the DNR will receive the bids to remove the service station building and soil on Maxwell Bay by September 1 and give authorization for removal on September 7. Callahan asked Moorse to clarify the information provided concerning the use of Bederwood Park by the OBA. Kelley said he had initiated the request for clarification on whether the appro^ of two nights per week usage excluded the use on Saturday or Sunday The OBA would like to use the park on the weekend. Callahan said the permission would be limited to the times specifically indicated as the City was asked for permission when no permission had been previously granted, Kelley said the OBA originally used the park 4 nights per week and Saturdays so assumed that the two nights would include the Saturday. Moorse said he saw the agreeti-..,n< ‘miling the usage to the two evenings per week. Kelley rt*/ ed to an OBA memo dated 4/6/90 from Gerhardson to Mark Bemhardson Gerhardson was asked if Saturday usage was ever approved Gerhardson said it was after that time Item #8 referred to a 3-year committment for annual review Gerhardson said that was in effect for that time Moorse said it was an interim measure. At the end of the time period, the new fields w ere available for use, and the use was then limited. Jabbour said this usage by OBA was approved in lieu of giving $20,000 and was considered a win-win situation The neighbors had expressed their unhappiness with the two night usage. Kelley said he did not agree with the neighbors and saw a need to review the issue to gain a straight answer on the amount of usage Kelley believed the concern of the neighbors is overstated adding the neighbors have more than ample opponunity to use the park. Jabbour said if Saturday usage was the desire of the OBA, they then acted in bad faith There are other functions around the area that need parking also Jabbour did not wish to see the park domin?*“d by a single use Kelley said the major use of the other facilities at the park is by siblings of those playing ball. He said he did not know the exact wishes of the OBA but wanted a clarification. ENGINEER REPORT The City Engineer was not present at the meeting. 12 MDJUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 199S CITY ADMINISTRATOR’S REPORT (•#10) ESTABLISHING RENEWAL DATES FOR SELECTED LICENSES - ORDINANCE AMENDMENT #140,2ND SERIES Goetten moved, Kelley seconded, to edopt Ordinance #140, Second Series establishing expiration dates for sdected licenses Ayes 4, Nays 0. (•#11) 1996 CITY ASSESSOR CONTRACT Goetten moved, Kelley second^, to approve the 1996 assessment contract with Roll ^ Erickson for a total cost increase of $2,113 or 2.8% The increase is made up of a 2.15 - o increase in the assessment contract amount (to S76.500) and an increase of $500 00 for miscellaneous expenses. Ayes 4, Nays 0 (#12) SET DATE & TIME FOR JOINT WORK SESSION The Joint Work Session is scheduled for Thursday, October 12, 1995 at 8 00 a m. (#13) COUNTY ROAD 15 AT BRACKETTS POINT CURVE: ROAD MALNTENANCE/REHABILITATION OPTIONS Hennepin County representative, Bruce Polycyzk, reported on the options available concerning the Bracketts Point Curve section of County Road 15 One option is an overlay on the existing pav ement as a maintenance project with a life of about 15 years. The other option is a reconstruction of the road section with widening of the curv e area. A design alternative has been drawn to keep the new pavement within the nght-of-way to limit the impact on adjacent properties Temporary easements would be needed for some work and retaining walls, both of which would incur costs to the City. The County is presently doinc overlays on CoRd 15 in Minnetonka Beach and would like to continue with the road work »n Orono when the current project is completed. Polycyzk said the Hvrjign will sorten the curve away from the lake and will still be within the right-of way An exclusive left turn lane will be introduced into Bracketts Point taking traffic out of the mam line. Several impacts were noted Retaining walls will need to be removed and reconstructed. It is possible that Native American burial mounds are located within the area. BONirrES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2S, 1^ (#13 - CtHinty Road 15 at Bracketts Point Curve - Continued) Hie width of the road will involve an 8* shoulder and one 12'lane in each direction as wefl as the introduction of the left turn lane. The curve speed would be 25 mph and would provide a better sight distance than currently seen There would also be room for a disabled vehicle. Better safety would be provided for anyone walking or biking the road. Several Council Members voiced their concern with anyone biking or walking on the road. The County has spoken with several neighbon on the project, which was staked in April of 1995. Kelley, Jabbour, and Goetten were all of the opinion that the road project should be discussed with the neigU>ors. Kelley asked what would happen if sewer were to come to the area. Gerhardson said the connection could be made to City lines and a lift station built. Callahan remarked that the neighbors voiced their concern with the project a year ago. Hurr opinions might be different with the project totally within the right-ot-w^y. Callahan asked that a vote be taken on the project soon It was decided that the neighborhood would be presemed with the project first and then a vote taken. Council directed to proceed with the project and set up the neighborhood meeting (#14) COUNTY ROAD 15 MAJOR MAINTENANCE PROJECT: ORONO ORCHARD INTERSECTION ,\ND EAST Polyczyk from Hennepin County noted that at the May 22 meeting of the Council, the Council approved a preliminary layout which would eliminate the right turn, and move the intersection to the east Concern was expressed over the right-of-way costs. Based on the approval given on the layout, the cost was projected at $265,000 to be shared equally between the City and County This was presented to the City and found to be too high in cost In responding to what could be done, the County met with Mn/DOT and determined that the recovery area could be downscaled Because the area was platted, the County was able to change from a rural recovery requiring 30' to a suburban recovery, requiring 20' Polyczyk said the real estate people evaluated the new right-of- way, and a projected cost was found to be $200,000, which would be shared equally between the City and County. Goetten asked if the cost would be less if the work was done on the south side. Moorse and Jabbour said it would probably cost more in that area. The mitigation for the wetlands is unknown as this time The approval for the improvement has already been granted. At this time, the Council needs to approve the cost orrly. MINUTES OF THE REGULAR ORONO CTH' COUNCILMEETING HELD ON AUGUST 2S, 1995 (#14 - County Road 15 Project. Orono Orchard and East - Continued) Hurr noted that the project does not serve the residems of Orono only. Jabbour queaioned why Wayzata will not incur any costs with the project in their area Polyczyk said the staff has a participation cost polic>’, and W'ayzata would incur costs ot their own The construction cost would be paid by the County, the same as Orono, but Wayzata would still be responsible tor the right-ot-way costs. Callahan suggested that the recovery’ area all be changed to suburban Hurr and Callahan noted that the area is not developed only because it is wetlands and undevelopable. Poivczyk said the character ot the road does change in the area mentioned. The utility lines were considered. It was suggested to move the wires outside ot the clear zone. Kdley questioned if there was enough room to do this. Hurr said only 8 is required. Callahan suggested putting the lines on the south side which the Countv said could be done. The idea of burying wires underground was mentioned but said to be expensive. The County does not have any mechanism for this in their cost policy The County representative was asked if the road w ould remain partially opened during construction or closed This will be decided with the City but work can best be accomplished if the road is closed Kelley asked it the work would need to be done in the winter months due to the wetlands involved It was said that the area would be wet and soggy even during the winter months Kelley suggested keeping one lane open and be reversible depending on the time of day. Jabbour asked if a floating road could be done. The County representative said this was an option. Gerhardson asked that the County check with Mn/DOT regarding the recovery areas. Goetten said she would insist that a legal access be provided for her lakeshore property which is currently shown without one The County was asked to see if costs could be reduced and/or ofTsei by the City providing wetland mitigation. The County representative said the funding was 1995 for this project has been rolled over to 1996 and will conttnue to be carried forward as conversation continues with the City. The Countv would like the schedule for this project to satisfy both the County and City. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 2t, 1995 (il5) INTERIM STAFF ASSISTANCE FOR ACTING POLICE CHIEF Callahan moved, Hurr seconded, to approve interim staff assistance for the Acting Police Chief through shiftily duties and increasing hours of current staff, and adjusting pay rates as recommended in the memo from Gary Cheswick; and funding the additional $6,471 of expenditures through the contingency account Ayes 5, Nays 0. (•16) MANAGEMENT REPORT - 1994 AUDIT No action is required. (#17) POLICE OFHcER CONTRACT SETTLEMENT CaUahan moved, Goetten seconded, to approve the 1995/19% Police Officer Contract Settlement as set out in the Request for Council Action, and to authorize the City Administrator to prepare and sign a contract reflecting the settlement package. Ayes 5, Nays 0 CITY ATTORNEY’S REPORT City Attorney Barrett had no report. (•#18) LICENSES Goetten moved, Kelley seconded, to approve the following license; Ayes 4, Nays 0 Home Occupation License Annual Review Norum and Pearson, P.A. 3264 North Shore Drive (•#19) BILLS Goetten moved. Kelle>’ seconded, to approve pa\-ment of the All funds Account. Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 10 20 p in Edward J Callahan, Jr., Mayor « • MINUTES OF THE REGULAR ORONO CITY COUNCILMEETING HELD ON AUGUST 2S, 1995 ATTEST: Dorothy M. Halliit, City Clerk -i200- 1 =---1 800 � f . q; ·� t f �\ , J::]\ ;;-.;::.l "� !!:: 4 5LSTAI , , r-i::: .� £1PQ --:e -- 6 7 8 9 10 11 � I l J '� ., J I I J I J -±:: �-·�3200 � --t;;lt..ft --,...,...___.. -�,,,.,,. � � .. -·-,-,♦--� -· - - .. � • • B 4000,E 2800 F 2,tlO() G 2000 H 1800 I 1200 J' K L A 4400 Cityof Street tu 1 • • 19 � • Map :f -! imD b \• -..........b: ,IUIII !f!'IIP• A ,-.,.---- ---...�·,� •1. .\ l'i � 1•19.) :"."T ,\ �· ' :'ti � r REQUEST FOR COUNCIL ACTION A-^ /^/■■, DATE: September 5, ________________%ITExM NO.:^ y Department Approval: Name Jeanne A. Mabus± Title Building St Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1980 A & T Development, 460 Park Avenue - Request to Amend Access Plan - Resolution List of Exhibits A - Applicant ’s Statement B - Amended Site Plan C - Topographic Map Locating Existing Accesses D - Resolution Approving Application #1980 E - Hennepin County Driveway Permit Brief Review of Application Variance Application #1980 involved the granting of an area and width variance to permit residential development. Access to the site was approved via an unimproved 30 ’ width dedicated rioht-of-wav. The current roadway serves two residences. The City ot Orono maintains the existing paved driveway. The original applicant. A & T Development, never sought access onto the County road at the east lot line. It has been staffs understanding that if the County found that other access options are available that it would decline access onto County road. Dave Zetterstrom of Hennepin County DOT has advised that he had approved access onto the County road (review Exhibit E). John Gerhardson has also advised that he has worked with Murphy Construction and w'ould approve the access onto the County road rather than adding another user to the lin.ited roadway. The applicant ’s contractor lists several findings in his addendum, E.xhibit A, that would support the request to amend the original approved access plan. Refer to Exhibit D, specifically Page 5 of the resolution, the approved access and improvement plan to the undeveloped site. Refer to Exhibit C. the topographic map that also locates existing curb cuts to the south of the subject propeny. Note residence to the immediate south is served at Tonkawa Road. COUNCIL ACTION REQUESTED: To either approve or deny the request to amend the access plan approved for Application #1980 on December 12. 1994. The enclosed resolution has been drafted for Council’s action if the access plan is to be amended. file no. 1980 WHEREAS, on December 12,460 Park Avenue pamed approval of lot area and widd. vananees tor the properrv loca. and legally described as follows: Lots 1, 2, 15 and 16. Block 1, Mhmetonka Sumnd. Park. Hennepin County, Minnesota (hereinafter "the property ). and WHEREAS. Condition #4 of Resolution No. 3506 approved the variances based upon an approved access plan to the undeveloped s.te; and V SrV# Tonkawa Road or County Road 1^5. NOW. THEREFORE. BE IT RESOLVED by the City Council of Orono, Minnesota:findings 1. The Citv of Orono in i. original review was never asked to consider an entrance from Tonkawa Road or County Road 135. Pe^lt Nm 39T7"thl a curt cm arToXwl pTd rtTs"outh end of the property. 3. that currently grow within the right-of-way. NOW. THEREFORE. BE IT ^SOLVED based^^P™^^^^^ above findings, the Orono City Coumt ete^j|^^ Tonktwr Zrat rte io^ation'approved by the Hennepin County Departnet Wnalton This approval is subject to the following conditions: Page 1 of 4 I I 1.The address of this undeveloped property shall be changed from 460 Park Avenue to 455 Tonkawa Road. 2.All of the Conclusions, Order and Conditions of Resolution No. 3506 are still applicable and shall be enforced by the City. 3.A & T Development and Johnson Investments Limited Partnership of Hartford, Connecticut, the current owners, and John and Bridgette Nesser, petitioners, have read, understood and hereby agree to the t-rms ol 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 ot the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on this 11th day of September, 1995. ATTEST: Dorothv M. I Tallin, City Cleric Edward J. Callahan, Jr., Mayor Authorized Representative of Johnson Investments Limited Partnership ot Hartford, Connecticut A & T Development John Nesser Bridcette Nesser Pace 2 of 4 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11 ih day of September. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav 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 instrumcnt.and acknowledged that he (they) e.xecuted the same as his (their) free act and deed. NOTARY PUBLIC Paee 3 of 4 ■-f STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of , 199 before me a Noiar>' Public within and for said county, personally appeared_________________________^^----^----------------- known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC 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 e.xecuted the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of _. 199 before me a Notary Public within and for said county. personally appeared-----------------------------------------------------------— known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 r’r A vr* 2S 7 ‘) Eastman Dr. Phone ‘'RO-32f'2 N«w Bnuhton. MN H 2 Sute Li5c «*41o TO Cit> of Orono \T T C’ltv Ccmnol DATT:Sept 5. I'>‘^5 FROM JohnMu.phv Pr«.d.:nt ^M,K3 Summ.t Park Vanance ui anted v^n Loi> l - •• Orono. Minnesota »\TT ('eitineaie cf Suivc\‘ tot Nubjeci piopertv 1 am rcquestiim the .emova’. orC oudinon ‘1 ot resolution *r .o a^vC''‘>'”t<^t^2te the buildinu of a nev\ Imme for John «?(; Bridecrte Ncf?icr i i u- from i‘irk Th,i c ondii.on a>>umcs .ha. .h«... .he proposed home vs..ul. be o.m . rk S-ree. and m ...dcr to. ItaS home .0 semk on the ,ah,ee. p.opem u .. neecssan .or he e„uaLr,o he on Tonka.a Road 1 veould apprec.are .he Cour-.cl app.ovma .ho .eo.„.d III hwht of the folloswiw cireumstaneek I Coikl.tion aa \ea> passcl 3seunni;u dial ..eeesi to .he lot »oi.!d he made trom Park Avc riranee .Tom Tonkaua .as no. p.csen.ed ae an op..on h> .he prea.ou, oaene, 'l.ave Ze..ere..o,n r.o.n Henn.pen Coon.s I'uhUe Wo.ka ha. .«oe<l a perm,, that appiove. a vuih .01 onto Tonkaua road on .he South end o. the prep.ro .T.,e curren. Park Are ea.e.hcn. „ undeeelopeJ and u.ll n,a.-na,n foree.a.,on ,n the area uhich .. eons,stent w.th .he goal, of de.elopmcm ol 4 I her«f vv ill bt* lo«s kMty street tr maintain 5 Home owners s;visiom plans icqjnt a front da) when enttMcd frt'm fonleaw;^ Hd /} walkout lot. which this lot IS well suited to 0 .'J. other conclu»lon5. nnieiN foilo'sed I londitions of the p.-is.ed resolution will be met and I i ' I ' ' • • I ,) \ / I f f , • , . • I 1 . •n CITY of ORONO RESOLUTION OF TOE CITY COUNCIL NO. ^ ~ ____ A RESOLL”nON GRANTING VARIVNCLS TO MUNICIPAL ZONING CODE SECTION 10.24. SUBDIVISION 5 (B) FILE NO. 1980 WHEREAS, A & T Development (hereinafter "the applicant") has an interest in the prupeny located at 460 Park Avenue within the City of Orono and legally described as lollows.i.2, 15 and 16. Block 1. Minnetonka Suininit Park. Heiincpm Couiiiy. Minnesota (hereinafter "the property ’’); and WHEREAS, the applicant has applied to the City tor variances to Mun:c:pal Zonine Oxlc Section 10 24. Subdivision 5 (D) to permit construction of a new residence on .i oropenv llcc ,:o,r,isls ut 25.(XXI s.r, o. .57 aucs n. area and where 4a 3o0 S-f- * required as a mimmun. area lur residenrial d.v.elope.,cm ama where the lor ,s 100 m wu.th to the rear ol the 35' stieci setback where 140’ vMdtli is required. NOW, TIIERl^rORE. BE H RESOLVED by ihe City Council of Orono. I endings Minnesota: 1.1 his application was reviewed as Zoning I ilc rrl980. 2.The property is located in the I.IMB. Lakeshore Residential Zoning Di.strict. reiiuiring one acre or 43.560 s.t. in area. 3 niree members of the Orono Planning Commission reviewed this application on Novcm’oci 21. 1994 and recommended approval of the proposed v ariances oa.scd upvMi il'.e iollowing unique tmdings and hardships; A.l lie Mimielcnka Summit Park plat w.-is ap[uovcd in 1912 prior to zoning standards for residential development. li Devcloiv/ncnt of the 25.000 s.f. site would be consistent with the historic and cuiici'.i pattein of rcsideiuial development of the neighborhood. C The pi'.'ocity has been assessed one sewer unit and a sewer stub is avaiia'hc at both Park Avenue and Tonkawa Road (County R.oad la.^). D.Ihere are no uiidevcloped contiguous parcels of land available for combining with the Mibstandard property. Paue I of 5 r«« VKrt [ \\ 1' >•/!t CITY of ORONO BtSOtmON OF TTJE.Cm COl NCIL<8 J GNO. 4.The City Council fimls that the conditions existing on this property are peculiar to it and do not applv generally to other propeny in this zoning district; iliai granting the variances'would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Compreiiensive Flan of Uic City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City statf. comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, OKDLU AND CONDITIONS Dased upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24. Subdivision 5 (U) to permit constmetion of a new residence on a property that docs not meet the area or width requirements seeking approval of an 18.500 s.f. or 42.6% area Nanarice and 40' or 28.5% lot width variance. subjcCi lo the luHovving conditions: I.Ihe four properties sliall be legally combined prior to the City’s issuance of a building permit. 2 All tutuie deveiopment shall be subject to the standards ot the LR-ID Zoning District and Shorcland Regulations of the City. Per Section 10.03. Subdivision 10. the lot is classified as a through lot and all accessory siruciurcs will ici|uiic n conditional use pciinit. ()wnei and future developer of property shall be responsible for installing a paved road within the right-of-way of Park Avenue at the same width as the existing paved road to the south. Owner shall also install a turnaround improvement that will allow municipal maintenance vehicles the ability to turnaround within the 30 wide right of-way of Park Avenue and owner’s private driveway as shown on Lnmneer's drawing included as Page 5 of this resolution, fhe City lingineer shall review the final site plan and road improvement plan submitted by owner with building permit application. 3. Page 2 of 5 I < ir« •• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 G ‘3 Authorities granted by this resolution run with the propeny not uith the applicants, but are permissive only and must be exercised by application tor a building permit within one year of the date of Council approval, or this variance will expire on that date (December 12. 1995). 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. / .Dwieht Post of A ec T Development and Johnson Investments Limited Pannership of Hartford. Connecticut have read, understood and hereby agree to the terms ot this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the r cording of this resolution in the Chain of Title of the property. .Adopted hy the City Council of the City of Orono. .Minnesota at a regular meeting held on the 12ih dav of December. 19 ‘i-t AltnST. JDorothy Hill in. C ity Clerk Edward J. Callahan. Jr^ .Mayor .Authorized Representative of K)hnson Investments Limited Pannership of Hanford. Connecticut Dwicml^cxL .A N: T Development ST.ATE OF MINNESOTA ) ) ss. COU.NTY OF HLN.N'EPIN • The foretzoine instrument was acknowledged before me on this 28th day oi Febmary. 1994 by Edw'ard j Callanan. Jr. and Dorothy M Hallin. Mayor and City Clerk of the Ciiv of Orono. a .Minnesota municipal corporation and said instrument was executed on behalf of the Citv. LINDA S. VEE NOWY PUBUC-MINNESOTA N-^'arx' Public f^fv Commissionaires Jan 31. ZDOO Pase 3 of 4' 5 r tv« * rr CITY of ORONO RESOLITION OF THE CITY' COl^CII. NO. ^ ^ STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) _ On this ^ day of , 199^ , before me a Noiar%’ Public within and for said County, personally appeared^ M1yn ILillii I i ^ - r wi - ^ ^ ^ ........—— 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 r Notan- Public -W.RO'KIN f'or/.<!r;'KUC ,,,q £,Vtiw c:* STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this /l*^ day of ,Tr<» /_. 199 s' ■ before me a Noiar\ Publicwninis // VI I-------------— ------i—r . , A / t X withinand for said County, personally appeared Pu4. ■ j o f fe ■; known to me to be the person)s) described in and who executed the loregomg mstrumeni. and acknowledged that he (the> i executed the same as his (their) free act and deed. J . LINDA S.VEE MOXWW W8UC^>**S0TA HENNEPIN COUKTY Mv Contusion Eipi« J»t 31.2000 J Noiarv Public Paae 4 of •/ 5 (SaO«» m' i CITY of ORONO RESOLUTION OF THE CITY COUNCIL Z 50^NO. T ,•/ 6^*^ tr POi£D DRWF'a Ja V • I . VlJ6 -Tj tXu-tA-4^ Vu > a 1/ v5 ' J r" y;; ^ - Q V 'U Page 5 of 5 f-r- •«« 0-a wh,0«r >■ resolution i6 5 0 ^ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) V. U M „ rirv Clerk of the Ciw of Orono. Hennepin Countv'. I, Dorothy M. Halim. City ,^opv of a resolution of the City Minnesota, do hereby cemty of such’resolution in the Minutes of theCouncil of the City-of Orono aath the ongi..al recor^^^^^^ proceedings ot said Cit> ounci ^^correct at said meeting. In Witness Whereof. I have hereunto set my hand and seal this-----Lith------_, December__________________' —‘day of (SEAL) HENNEPIN COUNTY PUBUC WORKS 330 Wasfiingion Avwwa S<MAh ParmitNo. 1^1 - ^ 3917 CflIVEWAY OH STREE" ENTRANCE PERMIT AND SPECIAL PROVISIONS DAVE 2rrrSRST!U3M aa»#135 OP**TONTAVA Sv««drvi«35 DaUt . A.D.T. S/22/95 300 iTMt Cross Strsst (i( rural) Actual *Laft.44'' *- CONSTRUCTION SPECFICATIOMS (Within Righl-of-Way) MinMnum • Laft « * *> Right Right 350 350 ^ 10 ba rawwad to; Q Construction Joaa O Sawad Joint gananandad dramaga; ^ Surtaca Q Culvart Cuivart langth Cuivart diamater 3AS£ Typa CL SURFACE J _Qt»lV. Typa *•---It» CURB Typa.or.e «;inFWALK Typa------- SHQU.DER Type--------- HLVP ■ DITCH Topsoil OapSi F»» '14-n. -uin a nf •* Depth Oesjpn Depth Depth Depth a seed or sod -RAFFtC CONTROL REQUIREMENTS 7L.VTZ: •'2 07. J>3 A!i SPECIAL PROVISIONS 0?rz 14' I1I2IECJ11, 22' WILTS 7RIVAIL DRIVEi’AY ‘till O'J-siTi: ?in.V;\:iDion, ?ER:-Tm3 <\i goutu property —A?7.RCA0:1 to ilA'/E 3' 7L.\R2S A.© I-IETAEI EXISTEIO dra X:l\ce ?Am:R.N. R/W DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRITTEN permission. IF YOU HAVE ANY QUESTIONS, CALL 930-2548. ^ DiBQram BA ,MK,«tANT. TYFE- V CONSTRUCT ROUNOeO BERM TO IMRORTANJT INSTRUCT SWALE TO DIVERT WATER F»SNI ---------------- PREVENT WATER FROM RUNNING DOWN DRIVE. 6" Swale2*Gutter I Eximn9 Roadway Shouldar ■& Shouldar Ptsct cylvfft in tufstine ditch nei inspection date. nveway was found to be Cj Salisfactiry □Unsatisfactory HENNEP^^io^WORKS r' lapacted by. Data. ifk II ‘Bit —,t.iiia«nMn,iA«.aaii.a It .P-''*'*-‘ia'I raa rfl iisarut^.Vl^B i HC‘ii3w lyts! ENTRANCE PERMIT FEES PRIVATE S50. TEMPORARY S50. COMMERCIAL S100. STREET S1CX3. HENNEPI^i COUNTY PUBLIC WORKS 320 Washington Avtmia South Hopkins, Minnesota 55343 Pirnnit No.59/7 APPLICATION FOR DRIVEWAY OR STREET ENTRANCE PERMIT (RMd “Gen«ral R«quirtment$" r*v*rs« $id«) i ^r____________ption* y/Oiz^CrZ.Namt of applicant ^ Address ^ ^ J j n ^ icitvl IftAtai iz^p cooaf Name of Property Owner il Address V/1.Contractor performing work (IT Known) *___*Phone 2.Application is hereby made for permission to construct and thereafter maintain: '^Dnyewayltj ^ Public Streetts) 3.Building to be constructed: X ^Residen ce c Commercial (Specify Type) --------— — 4.Uriveway or street will be: O Temporary Permanent Date proposed entrance will be needed:yar from date) 5.Is the property: XPlatted a Unpianed Number of present drivevyays or entrances to property .--------------------—---------- 6.Building Permit acquired: O Yes H No City i <2 o Permit No. 7 Type of proposed entrance surface,Bituminous 2 Concrete 2 Rock 2 Other r r.^A O J J8.Location I Aodraui 9.Location, if rural:Miles tCo. Roaol of (C*ry) Dated IN.. S.. e . or W.) Applicant's Signature ’ > (Road or Straat) V . v'\ pr nted Narr-e TO HELP the inspector. PLACE A STAKE WITH A CLOTH ATTACHED IN THE CENTER OF THE PROPOSED ENTRANCE. HIGHER THAN ANY SURROUNDING VEGETATION APPLICANT'S DIAGRAM • (If plot or construction plan is not submined) (Compl«t0 this form and send ail copies to: Hennspin County Public Works Permit Office. 320 Washington Avenue South, Hopkins, Minnesota 55343. Phone: 930-2548. After approval, one copy will be returned to applicant.) • • .. I - f , • COUNCIL MEETirjQ REQUEST FOR COUNCIL ACTION SEP 1 1 1995 cmroFORONO DATE: September 6, 1995 ITEM NO.: Department Approral: Nan ’S Jeanne A. Mabusth Title Building & Zoning Adnunistrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2036 Robert J. Goumanis. 1098 U’>ma Linda Avenue - V'ariances Resolution List of Exhibits A - Revised Site Plan B - Original Plan C - Revised Hardcover Pacts D - First Floor Plan E - Second Floor Plan F - Elevation G - Staff Sketch Review of Amended Proposal Applicant has relocated 22’ x 22’ garage to the north side further away from lake and has moved the structure approximately 6-7 ’ further into original 38.5 x 26 principal structure pad A 7 ’ X 1 r first fioor single-story addition has been added to the original building pad at the southwest comer (refer to Exhibits D and G). The addition provides a formal entrance to the residence and allows for the use of the original staircase providing access to the upper level. Review E.xhibits E and F, note there is a second floor above the garage with this layout. The bath and laundry roiun have been shown in an undesignaied open area. Review Exhibits A. B and G. the principal strucnire remains in the same location at the lakeshore. The following reviews the peninent ordinances as they relate to the amended proposal: 1.Section 10.02. Subd. 14 (C) - Structural coverage Allowed = 1.500 s.f. Existing = 1.284.8 s.f. Original proposal = 1.492.7 s.f. Amended proposal = 1.466.5 s.f. Reduction = 26.2 s.f. No variance required. Request for Council Action continued page 2 September 6, 1995 Zoning File #2036 Robert J. Gountanis, 1098 Loma Linda Avenue 2.Section 10.22. Subd. 1 (A) - Lakeshorc sctb^k. Required = 75 ’ Existing priiKipal smicturc * 22’ Original proposal =» 31’ Amended proposal >*31’ Variance = 44’ or 58.6% 3.Section 10.22, Subd. 1 (B) - Average lakeshore setback. Allowed = 0’ Existing = 8’ Original proposal ” 0’ Amended proposal <= 0’ No variance required. Section 10.22. Subd. 2 - Review of hardcover. A.0-75 ’ = 5.348 s.f. Allowed = 0’ Existing = 1,338.15 s.f. or 25% Original proposal = 1.097.7 s.f. or 20.5% /Xmended proposal = 950.5 s.f. or 17.8% Reduction = 147.2 s.f. or 2.7% B.75-250’ = 1.464 s.f. Allowed = 366 s.f. or 25% Existing = 158.25 s.f. or 11% Original proposal = 965 s.f. or 65.9% Amended proposal = 887.5 s.f. or 60% Reduction = 77.5 s.f. or 5.2% Variance = 521.5 s.f. or 35% C.Total hardcover. Lot area = 6.812 s.f. Total hardcover = 1,838 s.f. or 26.98% Section 10.24, Subd. 5 (B) - Review of setbacks A.Left side setback. Required = 10’ Existing = 6.5 ’ Original proposal = 10’ Amended proposal = 3’ Variance = 7’ or 70% Request for CouncQ Actkjn cootimjcd page 3 Sqjtembcr 6, 1995 Zoning File #2036 Robert J. Gountanis, 1098 Loma Linda Avenue B.Right side setback. Required = 10’ Existing = -6" Original proposal — 3’ Amended proposal = 12' No variance required. C.Street setback. Required = 35’ Existing = 5.4* Original proposal = 5.4’ Amended proposal = 13’ Variance = 22’ or 62.8% Issues for Consideration 1.Does the reduction in the building pad size meet the intent of the Council (originally proposed at 1,492.7 s.f and now at 1.466.5 s.f.)? 2.Does the reduction in hardcover satisfy the intent of the Council? Hardcover in the 0-75 setback area has been reduced from 20.5% in the original proposal to 17.8%, and in the 75-250’ setback area the original proposal was at 65.9% and is now proposed at 60%. 3.The garage addition has now been moved to the north side yard located 3^ from the side lot line and is shown at two stories. Approximately V4 of the 22’ x 22’ pad has been tucked within original 26’ x 38.5’ principal structure pad. Has relocating the garage to the north lot line minimized the impact of the second story? Should the area of the second floor above gat age be reduced? The original approval resolution has been altered so that the resolution can be amended to reflect Council ’s final action. COUNCIL ACTION REQL^STED: To either deny, approve or amend revised proposal J tf NCES FILE NU. WHEREAS, Roben J. Gountanis (hereinafter "the applicant") is the owner of the property located at 1098 Loma Linda Avenue within the City of Orono and legally descnbed as follows: Lot 10. Loma Linda, Hennepin County. Minnesota (hereinafter "the propeny"); and WHEREAS, the applicant has applied to the City for the following variances that would permit construction of a_____' x____’ two-stor>' residence and____-story-------’ X ’ attached garage: A. B Municipal Zoning Code Section 10.22, Subdivision 1 (A) - lakeshore setback. Required = 75 ’ Existing = 22’ Proposed = _____ Variance = Municipal _oning Code Section 10.22, Subdivision 2 0-75’ setback area = 5,348 s.f. Allowed = 0 Existing = 1,338.15 s.f. or 25% Proposed or variance = _______ 75-250' setback area = 1.464 s.f. Allowed = 366 s.f. or 25% Proposed = ____ Variance = Municipal Zoning Co(V .^n 10.24. Subdivision 5 (B) Required = 35’ Existing = 5 ’ 4" Proposed = 5 ’ 4” Variance = _____ -hardcover, -street setback Page 1 of 7 D. E. F. Minnesota Municipal Zoning Code Section 10.24, Subdivision 3 (B) - area variance. Required » 43,560 s.f. Existing = 6,812 s.f. Variance = 36,748 s.f. or .84% Municipal Zoning Code Section 10.24. Subdivision 5 (B) - lot width variance Required = 140’ Existing at shoreline = 70’ Existing at 75’ setback — 50’ Variance = 90’ or 64% Municipal Zoning Code Section 10.24, Subdivision 5 (B) Required = 10’ Existing = 6.5" Proposed =_______ VariarKe = _______ NOW, THEREFORE, BE IT RESOLVTD by the City Council of Orono. nNDINGS -left side setback. 1.This application was reviewed as Zoning File #2036. 2.The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre in area. The property consists of 6,812 s.t. or .16 acre. 3.The Orono Planning Commission reviewed this application at their July 17, 1995 meeting and recommended approval of the variance application as amended, based upon the following unique findings and hardships: A.Lot 10 of the Loma Linda plat was created in 1912 prior to any standards for residential development. B.Based on the City Assessor’s record, the existing residence strucnire was built in 1934 prior to any standards for residential construction within the township at that time. Page 2 of 7 c.The City’s tax records back to 1974 indicate the former owner received homestead credit from 1974 to 1981. The propert>- has been non- homesieaded to the current time. D.Major portions of the propeny are located in the lakeshore protected area. 5,348 s.f. is located within the 0-75 ’ setback area and 1,464 s.f. is located within the 75-250 ’ setback area. E.The curvature of the shoreline to the southeast of the property intensifies the impact of the lakeshore setback upon limited building envelope of this property. F.The property has been assessed and is connected to municipal sewer, The Planning Commission at their August 21, 1995 meeting reconsidered a second request of applicant to install a second story' over the 22 x ^2 single story garage. The Planning Commission recommended denial of applicant’s request to" amend the Planning Commission’s original recommendation of approval based on the following findings: A.A second story over the approved 22’ x 22’ garage addition would intensify the impact of struemre on this severely substandard lot. B.The garage is located 3* from a public access to laJce and 5.4 ’ from street lot line. ITie City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that Granting the variances would not adversely affect traffic conditions, light, air nor pose a "fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\e a substantial property- right of the applicant; and would be in keeping w ith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the communit>-. CONCLtSlONS, ORDER AND CONDITIONS Based upon oiw or more of the above findings, the Orono Cit>- Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit construction ot a two-story residence at 26.2’ x 38.5’ that may extend no closer than 30’ to the shoreline and a single-story attached garage at 22’ x 22’ that may extend no closer than 63’ 6" to the shoreline, a right side setback variance of 7 ’ or 70%. a street setback variance of 29 ’ 8" or 85% and hardcover variances within the 0-75’ setback area at 1,097.7 s.f. or 20.5% and in the 75- 250’ setback area at 599 s.f. or 40.9%. This approval is subject to the following conditions: 1. 2. 3. Applicant or applicant’s contractor shall be responsible for obtaining a demolition permit for removal of the residence and single-stall garage structures. Upon application for a building permit, applicant shall submit an amended survey as shown on Page 7 of this resolution confirming the location of all improvements as approved by the City. Applicant shall also provide an updated hardcover analysis of all approved improvements and a drainage plan. Authorities granted by this variance run with the property not w ith the applicant, but are permissive only and must be e.xercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 28, 1996). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assips, hereby agrees to the recording of this resolution in the Chain of Title of the propeny. Page 4 of 7 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llih day of September. 1995. 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 lllh day of September. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said iiiStrument was executed on behalf of the City. Notary Public Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of _____, 199__before me a Notar\' Public within and for said county, personally appeared______________________________—^--------------— known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this____day of____. 199 before me a Notary Public within and for said county, personally appeared-------------------------------------------------------------—— known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of___________________. 199_ before me a Notary Public within and for said countv. personally appeared------------------------------------------------^----------------- known to me to be the person!s) described in and who e.xecuted the foregoing mstrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 Lo ( I T 0 --1-----=::=� ----=--==------===-=-:::.- <A /J7 ✓ y /V, g/ uyy 1»------«exjc -------f.. <rf„»-"--,...;----J ■„.-, yfp/' ’Eoa^/a/S /v //^20J^ £{>^iA^ //a^^A FAe<)£>sA/.FA/IPC£/^/C ‘Z.&A/e- cP~7S' SS T fPAc._ _ y^. ffffiFSB J Z 7^........ -739 zi.rx//- IfSS /^ ^-JT^ .. _. —^r^-jr’sr—.. „. --------*-------' ' /f^5T T^.. '^^■.^.--------------------*1» - ^ ' • - 1 ■ — y? Z^/t-XA^E rjuU-z . -/z.y /=>+X ^ A -T'-r //Jj ^ c P/u^^uJAy^ _D CfiJ^u>/i - l_fc S" 7 /z 7 Z- J_________^ />/ ^/-f(P --------------- ______.'—LZzS_^ ~^c?M£- zr- ^ S^ S^ T/'J^c^/<------------------------ J, AkLS.^ .... /^x /<i>rZ ________ ___Zx /T. /^xwx^^ — ___/ e-ss.___jrx-f'-Ti A J'O X7/f 2Jl V<0¥ — I z.f C .p. ^S x-J-s^-a-£-K- /I xzo /rjcz ._ ZiPO 2^ ZX-ZzrJ^- ThIaL^ I^^-L<JL^Ce2e/luJ/.P>.2?-!(kV? TatA.L /^ _^- _______^ "•.iMnnaitlai r--r*kf <VtM II p I I I i 0 rJ --- I ,, I : i l ,1: l �--'·• IL --: -JI - --- ., ' 1, ,, Ii' I I: I, . ' I• i ' I: '1, I: I -- -- --- -· --- . -·-�---- --a -- - . - - ·--- --------- ----- - - - --- 1,, I: __ ,.- ,,' : .. - !•. : i ,., -··------ : ' , __ ., ----- i 1,; ;1, ---•-� ·------------- -- ' - ------., ---- ) ,, ' ' 11 I: I I I I I 'I,i I -- � -----/ 'jf {. I '. ,: ----- � --•• •-- -- 11 • . cc=, ... ·-.... •• .. Ci ·_-::-� -- .....: .. --.,_. . -- ·.c -" llt."111 -- -- --:c ,. - ~-; I ! i, -• Ii ------ -- ... -- --- ' ' I I I - -- � -. -·-: -_ - --- ---- - � ------ -·• -· - . :. ,,, I I ' .. - -� ------1, 1----!.i _, ___ .:.� -11, --•-' I, - 11' ·---- - -......... --.---�----- '! ' I II ·-= -� -" '-··--·.::. -- ---� r t -- I ------· --- -- -- - - -- ' 1: - - - --- -----=- ---- --- -- - - --- - .. -- ... • -- •I ii 1, I I. I: ,, : I 1, Ii '1 I Ir I; ;[ 11 1, 1, I i: 1, ---- - .. ----------· I ; ' I I I : / REQUEST FOR COUNCIL ACTION DATE ITEM NO.: f----- . « ^ 5661 X X d3S = ^^tynliNnw Departmwit Approval: Name Jeaone A. Mabusth Title Building & Zoning Admiaistrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2039 Wally and Sharv l Carson, 3010 Somerset Lane - Conditional Lse Permit - Resolution Zoning DiArict: RR-IB ... Total lot area = 3.5 acres (1 acre of Type 1 wetland exists w ithin property ) Brief Description of Application ,, u The applicant has filed a conditional use permit to allow excavation of 1,650 cubic yards of material to create a pond at an approximate 6* depth. The pond will be installed v iihin a o w acre Tvpe I wetland occupying approximately 16,500 s.f. or .3 acres in area. Review Exhibit J the open water area will be created at the northwest side of the lot. The current lot is not developed. Major portions of the fill will be used around the pn^posed building site located out of wetiaral area to the east of the lot. Planning Commission wanted to assure that the pond would not end up as a decorative pond w ith a grassed lawn area up to its edges. They specifically asked that the area surrounding the open water area within the Type 1 wetland remain in its original state as no turther alteration of the Tvpe I wetland is allowed. The existing vegetation within the Type 1 wetland must remain in its original state. The Engineer has recommended that 10; 1 bench from the water line to r below the water line be maintained to encourage emergent vegetation around the pond perimeter. We ask that topsoil be salvaged for respreading over the disturbed areas and that the areas be restored with a wetland seed mixture such as Mn/Dot mixture 250. The applicant ’s surveyor has advised the Corps of Engineers will accept the alteration permit under the authoritv of a nationwide permit allowing for an abbreviated review. The Corps completed a site inspection on Thursday, September 7ih and they tound no problem with the proposal for the pond but asked that all dredged soils be moved out of the wetland area which is proposed bv applicant. The Corps representative also noted that purple loosestrife and mother umiamed obnoxious weed was noted on site. A condition of thetr permit will be that the applicant assumes responsibility for the removal of both obnoxious weeds. I he specitics will be spelled out in the Corps permit. Tlie Planning Commission unanimously approved the conditional use permit to allow the excavation of a pond subject to the conditions set forth in the staff memo of August 10, 1995, Page The enclosed resolution has been drafted per the findings and conditions of the Planning Commission approval and includes the requirement that applicant must follow directives of the Corps permit. COL^’CIL ACTION REQITSTED: To either deny, approve or amend the enclosed approval resolution. September 8, 1995 t £ h A RESOLUTION GRANTLNG A CONDITIONAL USE PERMIT PER >aiNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2039 WHEREAS Wally and Sharvl Carson (hereinatter the "applicants") have an imerest in the propeny located at 3010 Somerset lane within the City of Orono (hereinafter "the City") and legally described as: Lot 1, Block 3, Old Crystal Bay Road Second Addition, Hennepin County, Minnesota (hereinafter “property"); and WHEREAS, per Municipal Zoning Code Section 10.03, Subdivision 19, the applicants have filed a conditional use permit to permit the excavation cubic yards of material occupying approximately 16,500 s.f. or .3 acres of a Type I wetla an approximate 6’ depth. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2039. The property is located in the RR-IB Rural Residential Zoning District requiring two acres of dry contiguous land. The property' consists of 3.5 acres. One acre consists of a Type 1 wetland not considered a designated wetland of the City of Orono. The Orono Plannina Commission reviewed this application on August 21, 1995 and recommended approval of the conditional use permit as amended based on the follow'ing findings; Pace I of 5 a.Both the pressed location and design of the pond present no hazards to the public health, safety or welfare to the immediate neighborhood or to the community. 5.The prop>osed location and design of the pond has been found to not be materially injurious to propenies or improvements in the immediate neighborhood. c.The proposed locatioi ami design of the pond within the residential neighborhood has been found to be in accord with the objectives of the Zoning Chapter and purp oses of the Zoning District in which the pond is located. 4.The City Council finds that granting a conditional use permit to allow the excavation of a pond within the Type 1 wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely attect lighf air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLLSIONS. ORDER AND CONDITIONS Based upon one or more of the ab»^ve findings, the Orono City Council hereby crams a conditional use permit per Municipal Zoning Code Section 10.03. Subdivision 19 to allow excavation of 1.650 cubic vards of material within a Type 1 wetland to create an open water area that would occupy approximately 16,500 s.f. or .3 acres. This approval is subject to the following conditions; 1 Applicant or applicant ’s contractor shall be responsible for providing an amended grading plan upon application for a staff-issued land alteration permit: the plan to reflect the final estimate of the water level of the pond and contours to reflect a 10:1 bench from the water line to 1’ below the water line of the pond. Pace 2 of 5 mm 3. 4. 5. 6. L. Topsoil shall be salvaged for resprcading over the disturbed area. These areas shall be restored with an acceptable wetland seed mixture. The City recommends Mn/DOT mixture 250. The Corps of Engineers has advised the land alteration will be allovsed under the nationwide permit. The permit will ask that the wetland spoils be deposited out of the Type 1 wetland and that specific obnoxious weeds such as purple loosestrife be immediately removed by applicant. Applicant shall continue to be responsible for the removal of specified plantings or weeds as noted in the Corps permit. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit w ithin one year of the date of Council approval or the special conditions of this resolution will e.xpire on that date (September 11. 1996). V'iolation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the /ironing Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants and current owners of the property, Orono Limited Partnership, have read, understoixl and hereby agree to the terms of this resolution and on behalf of themselves, thsir heirs, successors and assigns, hereby agree to the recording of this resolution in the Cham of Title of the propeny. Page 3 of 5 I Adopted by the Orono City Council on this 11th day ot September, 1995 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Ownctys) Authorized Representative of Orono Limited Partnership Wallv Carson, Applicant STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Sharyl Carson. Applicant ss. The foregoing instrument was acknowledged before me on this 1 lih day o^ Seotember, 1995 bv Edward^ J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk of the City of Orono! a .Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this dav of . 199 before me a Notar>' Public within and for said couiity, personally appeared___________________________________________ known to me to be the personfs) described in and who executed Lhe foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this____day of . 199 before me a Notary Public within and for said county, personally appeared __________________________________________ known to me to be the person(s) described in and who executed the 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) de.scribed in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 4 To: From: Date: Subject; Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Auciist 10, 1995 #2039 Wally and Shar>i Carson - 3010 Somerset Lane - Conditional Use Permit -Public Hearing Zoning District: RR-IB Total lot area = 3.5 acres (1 acre of Type 1 wetland exists within property) Pertinent Ordinances Section 10.03, Subdivision 19 - Conditional use permit is required for the installation of a pond involving the removal of 1,650 cubic yards ot material. List of Exhibits A - Application B - Plat Map C - Property Owners’ List D - Old Ciy'stal Bay Road 2nd Addition. Block 3 E - Gronberg Letter 7/27/95 F - Wopat (Department of Army) Letter 7/31/95 G - Gustafson Report 8/8/95 H-1-9 Covenant Dealing with Protect ten of Wetlands not Designated by City I - Survey of Lot J - Enlargement of Pond Description of Application Applicants seek approval of a conditional use permit that would allow- the excavation ot 1.650 cubic yards of material to create a pond at an approximate 6' depth. The pond will be installed within a one acre wetland covering approximately 16.500 s.f. or .3 acres of the Type 1 wetland. It will be located at the nonhwest side of the lot close to the rear yards of the residential lots on Cygnet Place. The subject lot is not developed. Review Exhibit I. septic test sites are to the extreme south of the propeny with the proposed house site to die east or adjacent to a large stand of trees within the east or street yard. The best way to review the site of the pond would be to approach the area from the driveway within the outlot to the south of property. From this point you can view treeless area where the pond will be located. Zoning File #2039 August 10, 1995 Page 2 Staff has enclosed the Covenant that was filed against the Chain of Titles of all propenies with the Old Crystal Bay Road plats that had Type 1 or 2 wetlands that were not designated by the City as protected wetlands. The policy established by the Council at the time of the review was that wetlands of this type, if they were to be altered at some time in the future, were first to receive the necessary approvals from the Corps. DNR and Watershed District before the City would deal with the required land use review . Both the Watershed and Corps of Engineers arc in the process of reviewing the application. As the wetland is not a protected wetland of the DNR, they will not be involved in this review. The Watershed District confirms little concern with the proposal. The Corps permit may require a more lengthy review if applicants are required to file an individual permit which will take 90 days. As of this writing, we have heard no confirmation from the Corps as to whether this will be reviewed as an individual permit or a nationwide permit. A nationwide permit is a speedier review process that can be completed within a month’s time. The nationwide permit involves alteration of '-6 acre or less of wetland area. Individual permits are required if the project involves 'A to 3 acre areas of wetlands. Based on Mr. Wopat’s letter. Exhibit F, there is a possibility that this project will be added onto the development project that involved the alteration of similar classified wetlands at 1.76 acres. Review E.xhibit G, Gustafson notes no real concern with the proposal and generally approves the contours shown but recommends that a 10:1 bench from the water line to I below the water line be maintained to encourage emergent vegetation around the pond perimeter. He also notes that due to the proximity of the residences along the west that this will also provide a margin of safety should a child attempt to gain access to this open water area. Gustafson also notes that the existing topsoil should be salvaged for respreading over the disturbed areas and that the areas be restored with a wetland seed mixture such as the Mn/DOT mixture 250. Issues for Consideration 1.Safety always is an issue when open water areas are to be created w here none has existed before, especially close to a residential neighborhood. The Engineer has recommended more graduated slopes in hope of providing a certain level of safety. Is this a concern of the"Planning Commission? What other recommendations would you make? Can wetland be moved further east and closer to residence struemre? 2.Will house be installed within the stand of trees or to the east or west of the trees? The iices have not been located on the survey. Will there be an attempt to minimize the removal of trees? Applicant should also be advised that there is no required setback from a Type 1 wetland as there would be for a designated wetland with a 26’ setback required. Applicant is afforded greater flexibility in placement of house. Staff w ill not schedule the application before the Council until the Watershed District has provided written confirmation that a permit review will not be necessary and City receives resolve from the Corps of Engineers of the type of permit that will be required to review the installation of the pond, i.e. individual or nationwide permit. Zoning FUe #2039 August 10, 1995 "'age 3 If members of the Planning Commission can answer affirmatively to the following necessary findings to approve a conditional use permit, then you may grant approval of the conditional use permit subject to conditions set forth in the Engineer ’s repon. Please respond to the following findings: 1.Will the proposed location of the pond within the residential lot be in accord with the objectives of the Zoning Chapter and purposes of the zoning district in which the site is located? Will the proposed location of the pond be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity? Does the proposed pond comply with all of the applicable provi^sions of the Zoning Chapter? If you cannot answer affirmatively to all of these findings, then you must recommend denial of a conditional use permit. If you vote to recommend approval, the toilowing conditions are applicable; a.Applicant to provide an amended grading plan upon application tor a sratf issued land alteration permit. Contours to reflect a 10:1 bench from the water line to 1’ below the water line and should also reflect the final estimate of the water level ot the pond. Topsoil should be salvaged for respreading over the disturbed areas. These areas should be restored with an acceptable wetland seed mixnire. Staff recommends Mn/DOT mixture 2.*?0. Before scheduling the conditional use permit before Council, staff shall have received the following confirmation : Written confirmation from Watershed District that a permit review will not be necessary. 2)Confirmation from Corps as to the type of permit needed to complete their review. If a nationw ide permit is required, this can be achieved in 20-30 days. If an individual permit is required, this will take 90 days to complete. Isv rv OF ORONO - GENERAL LAND USE APPLICA^^f,v ^ OPERTY LOCATION ^ Site Address YV <».rS<» ^ \-£Uaf ~ Qvm 2i2-------------------- Type of Application to be Filed f>rpin^r»^FcWr»\ Property Identification Nuir.ber (P.I.D.) ., j rt ^ ~^ -CjrvSVt^l applicant Name\^ )r-----^____ Address 0 li g \i OW’NER (i^ifferent th^ applicant) (N^ •/»7 • ^5 -L4^^-1Phone (home) ^3 I" 7 I . ^^______ Phone (work) “SM ~7 - ^ 'Z.O ~2. CU-_'d,Lvu^ j L ^ '‘i'\ V Citv V\Ljv>i r\LJ;:^_:>___^‘P— /^/ici)CrU^lO A iL Uity ji:^ Phone (home) Date Property Acquired______^^— ------------------------------ I (do) (do not) also own the adjacent parce.s or land. FEES - CON'DITIONAL USE PERMITS - S 50.00 For each variance request with CUP application S125.00 Residential Accessory Use ~ S200.00 Instimiional (church, school, etc.) *$175.00 Guest House/Guest Apartments ” $150.(X) Duplex Credii/Bldg ~ $250.00 Commercial/Industrial Use “ $200.00 Land Alteration .^ . , • Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 of lakeshore PR^/PID - see Fee Schedule ■ •^ ” SI00 00 Renewal Fee (no change from original application) " After-the-Fact Fee - Double Current Application Fee *r ^ » f • •V- V ; »^ •r* ^ A u • •«*•* 1 u u Aw .‘V^.^^yv . . .... • * ■V£i *i'-‘■ - '"AV a ' t W'O 2 V t. 1* VA ' ? I' A r A .^0'r OTHER APPLICATIO.NS , * x $200.00 Commercial Site Plan Review (+ consultant tees) $250.00 Vacation ^ $175.00 Easement Vacation ” $ 75.00 Easement Vacation With Subdivision $300.00 Rezomng (PUD - reter to tee schedule) $300.00 Comprehensive Plan .Amendment $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District / Present Use of Propenv _ Residential Other (specify) REQUIRED SUBMITTALS 1.Comp leted Application Form. A • m 2. j. 4. 5. 6. 7. Vcscnoc rcqucii lu uciau . ___ .... ^___ encU.uncertified Property Owners List of owners within 350’ (you can obtam this list from ------- Hennepin County Department of Finance. A-603, Government Center. 348-3271). Plat Map. „ . . ^ _ Cenificate of Sur>ey (signed by a licensed surveyor) - refer to handout for survey information.. 1/Attach leeal description to application if not included on required sur%’ey. ""j'J Topographic survey (existing and proposed contours) if land alterations mvolve changes in elevation (grades). 8. 9. 10. cnanges in eicvauon vgiuuca;. List of the legal names (include marital satus) ot all persons with an interest in the ----- propertv. This would include namets) of applicant(s) if not current owner(s). Consmiction 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 ot this application. YOU ARE REQUIRED TO SLTPLY 30 COPIES OF FOR REPRODUCTION (11 ” X 17" OR SMALLER) FOR ALL DOCL^IENTS SUBMITTED. (Staff will require to scale drawings ot all documents, plans, etc. to e submitted.) The Applicant and Propeny Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Cenification by Clerical Depanment that Land Use Application is complete. Initials ofClericalStaff:_y_-----------------------------------Date_-------------- APPLICANT’S SIGNATURE u 7 and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true ;'nd correi^ to the best ot his/her knowledge. Applicant ’s signature AT Date OWNER’S SIGN.ATURE - . • a ki » The owner herebv 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 Annlicaiu must have all submittals into the City offices 25 days before the Planning Coramssion Meeting. Pl^g rJmm,«,on 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 nTomce please make arrangements to have an authorized agent attend in your place and advise the Buildmg & Zoning Otfice of this prior lo the meeiuig. l (8 I 2 O -I 'ii' lt ). i I • ’‘ * I/1 • y ‘ •.UN DATE OS/0VfSI.J.• ; klTCM B07isin NAHi^TAXPAYER ’NANE/AOOR I. *t i .A f HOP AMR ,bt€R NAME Taxpayer ' NAHE/ADOR PROP AODR OlfCR NAHE TAXPAYER ^ NAME/AOOR •t : -I I , PROP AODR (RtCR HAME TAWAYER NAM/AODR PROP ADDR (MIER NAHE >TAXPAYER ^ NAHE/AODR ? PROP ADDR OHNER NAHE TAXPAYER . NAHE/ADDR {KEmEPIN COUNTY PROPERTY XNFORHATIQN SYSTEMPROPERTY ONNERS LISTSR 04-117-ES 21 0007OOOU NEAR LA0 A C 01 SANTISGARY i CHERYL DE SANTIS SO NEAR LA LONG LAKE m 5535A SR 0A-II7-2S 21 0012 02920 SOMERSET LA COfFZN CORNERS PARTNERSHIP STXCKNEY a SCHHARZ BUILDERS S07 MANITOBA AVE S NAY2ATA HN 55S91 SR 04-117-2S 21 0017 OOOSR ADDRESS UNASSIGNED OLD CRYSTAL BAY RD ASSOC INC ROBERT HARE 1400 LONG LAKE BLVD ORONO HN S5SS4 SR 04-117-2S 22 0020 00140 CYCR4ET PL P A DEBERflARDI I J L OLSON J L OLSON A P A DE BERNARDI 140 CYGNET PL LONG LAKE HN 55S54 SB 04-117-2S 22 002R 0S045 HATERT0K4 RD BRUCE C I KATHRYN S HALL BRUCE C I KATHRYN S HALL 3045 HATERTOf4 RO ORONO m 55356 38 04-117-23 23 0011 00185 CYGNET PL CALVIN PRESBYTERIAN CH ORONO CALVIN PRESBYTERIAN GRAND AVE A GLENDALE LONG Lake mn 55354 sa 04-117-23 21 001002995NATERTONN ROGEORGAYN C KRA»€RGEORGAYN C KRAMER 2990 SOMERSET LA LOr« LAKE rtl 55354 SB 04-117-23 21 0015 00038 ADDRESS UNASSI^O R P HARE V A B R !URE ROBERT HARE 1400 LONG LAKE BLVD ORONO HN 55354 38 04-117-23 22 0011 00135 CYGNET PL H R ANDERSSON A E E HORIARTY H R ANDERSSON A E E HORIARTY 135 CYGNET PL LONG LAKE HN SS354 38 04-117-23 22 0C21 00190 CYGNET PL R A HOHRHAN A R A HOHRHAN RONALD A A ROBIN A HOHRHAN 190 CYGNET PL LONG LAKE m 55354 38 04-117-23 22 0029 03010 SOMERSET LA COFFIN CORNERS PART>«RSHIP ORONO LIMITED PARTNERSHIP 7B08 CREEKRIOGE CIR 4310 BLOOMINGTON MN 55439 3B 04-117-23 23 0014 00220 CYGT4ET PL DENT^IS J HOHN DENNIS J HOHN 220 CYGNET PL LONG LAKE HN 55356 REPORT NO. PI435401PAGE 38 ••'I 'k'38 04-117-23 21 001102990 SOMERSET LAC L A 6 C KRAMERCHARLES A GEORGAYN KRAMER 2990 SOFSRSET LA LONG LAKE m 55354 38 04-117-23 21 0016 00038 ADDRESS UNASSIt^D OLD CRYSTAL BAY RO ASSOC ROBERT HARE 1400 LONG LAKE BLVD ORONO HN 55354 \ I'. 38 04-117-23 22 0012 00145 CYGFCT PL GORDON V JONES GORDON V JONES 145 CYGNET PL LONG LAKE HN 55354 i ' -. !«• 1 •J' f •f.•V r* •- •# ■f ’<» 38 04-117-23 22 0023 00130 CYGNET PL MARGARET D R0SSIN6 MARGARET D ROSSINO 130 CYGNET PL LONG LAKE Hi 55354 .I \ . « sa 04-117-23 22 0030 03015 HATERT(»M RD GEORGAYN C KRAMER GEORGAYN C KRAMER 2990 SOMERSET LA LONG LAKE 55354 • h ’a ♦• i . •• 38 04-117-23 23 0020 00240 CYGNET PL EUGENE C DETERLING A NIFE EUGENE C DETERLING 240 CYGNET PLACE LOtiG LAKE HN 55354 •5 *. •'V t I •• .V •%• vj'lBATE Oi/Bf/MTCH S07 HCitCPIN COUNTY PKOPERTY INFORrUTION SYSTKNPROPERTY OMCRS LIST •' AOORR NAMEAXPAYERIMM/AOOR »04-117>23 25 002905020 , SOMERSET LAR p MaOe V a 0 r hareROMRT HARE1400 LONO LAKE OLVD ORONO Ml 5S554 * f » KOP AOOR R NAME ‘ TAXPAYER♦ 5^S07 00021 ^PORT NO. PI4S54Q1PAGE IfIB04-117-25 24 001802475SOMERSET LACOFFIN CORNERS PARTNERSHIPORONO LIMITED PARTNERSHIP7808 CREEKRID6E CIR 1510 8LOOMINGTON MN 55454 58 04-117-25 24 001402415 SOMER^T LaGROVES STICKNEY LLCGROVES STICKNEY LTD LIAiP 0 BOX 1267 HPLS m 55440 if 38 04-117-23-22-0033 (in process) address pending Equity Lending Inc. , Equity Lending Attn Judy ! 6800 France Ave S #190 Edina MN 55435 1. 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* Td THE BEST OF MY KNOHLEOGE AND BELIEF. DATE 8^/0-^5 BY £22L. ; Mk’,•. . j iF*lb ■c' ■ i if !?'■ -r *c-'J «. .*'» A* I • ■.»’ ■•V .U •. .4''1- •.■■'A' .1 :t f A* ; t • • : «,T •■■■•iV.'”' *» .» . r 3 ' --A 1' Request for Council Action continued page 2 of 2 September 7, 1995 Zoning File #2045 Section 10.22, Subd. 2 - Review of hardcover 500-1,000’ setback area Total area = 19,827 s.f. Allowed = 6,939.45 s.f. or 35% Existing = 3,978 s.f. or 20.06% Original proposal = 5,376 s.f. or 27.1% Per Planning Commission recommendation No variance required 4,570 s.f. or 23% Section 10.28, Subd. 5 (B) - Street setback variance Required = 50 ’ Existing = 10.1’ Proposed addition (6.2 ’xl2’ addition) = 8’ (variance 42’ or 84%) Original proposed deck = 0’ (42’ from traveled road of County Road 146) Per Planning Commission recommendation = 2’ (distance from traveled County Road = 44’) Variance = 48’ or 96% Proposed deck from Willow Drive = 46.8 ’ (variance = 3.2’ or 64%) Planning Commission Recommendation To approve the application as amended. The enclosed approval resolution has been dratted per the findings and conditions of the Planning Commission’s unanimous recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. ch REQUEST FOR COUNCIL ACTION t 19q.DATE: September 7; 1995 * -'^5 ITEM NO.; Department ApproTal: Name Jeanne A. Mabustb Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: 4^2045 John Steinmetz. 1155 Brown Road South - Variances - Resolution Zoning District: RR-IB Lot area = 19,827 s.f. or .46 acres Additional Exhibits J - Amended Site Plan K - Floor Plan Brief Review of Application Applicant seeks approval of street setback variances for a 6.2’xl2’ single story addition to the northeast comer of the residence. Applicant had originally proposed an 8 ’ roofed deck w ith 2’ overhang to be constructed around the exterior of the existing residence. The addition would be located 0’ from the County Roid street lot line and 44.8’ from Willow Drive lot line. The proposed improvements rc‘u- .a in *.3% structural coverage excess. Planning Commission noted the extreme drop in elevations to the County Road and noted that there was at least 45’ to the edge of the lot line to the traveled road, review Exhibit H. Applicant has submitted an amended survey locating the traveled roads of both the County Road and Willow. The County Road is located 42’ from the street lot line. The Planning Commission recommended that this structure be reduced so that the structural coverage allowance of 15% would not be exceeded and also recommended that the new strucwre be loca'ied no closer than 2’ to the street lot line adjacent to the County Road. Review Exhibits J and K. applicant has submitted a new site plan and floor plan. Structural coverage has been reduced to 14.2%. The only variances required are setback variances to street lot lines. Review of Pertinent Ordinances as Amended by Planning Commission Recommendation Section 10.03. Subd. 14 (C) - Review of structural coverage, see Exhibit J Lot area = 19,827 s.t. Allowed = 2,974 s.f. or 15% Existing -- 1.809.8 s.f. or 9.3% Original proposal = 3.234.6 s.t. or 16.3% Per Planning Commission recommendation = 2,821 s.f. or 14.2% No structural coverage variance required - '-...J �r ' .,_ .. \ I "\ "' ., .· r--• •I I I I I la19\,� I 8 I i {..... . ' l ._, T f ",, + J) I t: II I � '1 " E \ ' , IJ � L Co I 0 I \ • \) r ..I ' \ I "' . \) \ 0 C l (j I ..J -...... \ 1--I ). . J ::> ( I I ti 0 ) f .,. •'� _. .. •. � . 30 I lj }• l _. \ _ _f_ \4J -.J WW l .!i\ I·-I ��, � 8 t1 .,.,I; I � '.. 'U l'ltJ.01 . I. . . · ' r ' I \ � JS • s \ � ... :·· . -. . . . ' . \ .. / � ' /.c,�•f, ,...,,, .i ,� \ ......... .� �. 3 ,,,,,,,,---S 5 . / ·---,_J f ' 2 CA- -- / I ..I l 5 ., < N ,,,......_ ,,,, I......._ 'Cl) � I • '· !w)' "'\ \ i"' \ 'l:. Cf' \)l . - \)\ \ ' ,. I\) \ "'\ . • I-\ .' 4 0 / ''1 .,..,...... ,, -�·;·;: ( 4�(f I.Zt .. I� I - .. . I I ' • ..• � 'O � � � V) . . . . . ... -------.128. (X) C '1-JJ.21 2 .. .. • • • iii .• • . ....... ' ·• COFFIN A GRONBERG, INC. SUlWWIfiiQ. CNOiNmUNO AMO LAND PlAMMiNO Ami-: TAMAAACK AVCNUC LONa LAKB. MINN. 1191% 473-4141 July 27, 1995 City of Orono 2750 Kelley Parkway Orono, MN 55356 Attn: Jeanne Mabusth Dear Jeane: I just spoke with Joe Yanta from the C. rps. of Engineers and he is reviewing the proposed pond drawings for the CARSON PARCEL in Lot 1, Block 3, OLD CRYSTAL BAY ROAD 2ND ADDITION. I also spoke with Kristen George of the Minnehaha Creek Watershed District and she didn’t seem to have any problem with the proposal since it involves excavation rather than filling a wetland and will create a better wetland. An application was sent for her review. I will let you know if I hear anything else. Sincerely, COFFIN & GRONBERG Mark S. Gronberg •IKY TO AncoTieM o* DEPARTMENT OF THE ARMY rr. ^Au. wwwu. coNM or emommw AAMv conrs Of CNQNCcns cCNTue laonrrNSTKCTCAST ST »AULMNHICt-i>39 -July 31. 1995 Construction-Operations Regulatory (94-02434-SF-JJY) Mr. Mark Cronberg Coffin & Cronberg 482 Tamarack Avenue Long Lake, Minnesota 55356 Dear Mr. Cronberg: We have reviewed-the Inforoatlon you. provided about_a proposal by Sharon and Wally Carson to construct a pond on lot 1. block 3 of the Old Crystal Bay Road Second Addition (also called the Oickey-Coffin site in some of our correspondence) The development was originally authorized, with special conditions, under a nationwide general permit. The project sice is in Sec. 4, T.117 N., R. 23 U., City of Orono. Hennepin County, Minnesota, The original development has already affected 1.76 acres of wetland. The present proposal would excavate about 0.38 acre and might affect approximately 1 acre of wetland. As you have discussed with Mr. Joseph Yanta of the Regulatory Branch, this work may be eligible for authorization under the same nationwide general permit, although the proposal requires Interagency review to determine whether an individual permit may be necessary. The interagency review may cake approximately 30 days. An individual permit review may take an additional 90 CO 120 days or more. We cannot predict the result of this review or our determination. A particular concern might be the potential drainage effect of the excavated pond on the remainder of the approximately l-acra wetland. It is possible that the excavation might not be authorized, but it is also possible that it may be authorized, perhaps with special conditions, which may Include compcnsaLiory mitigation to replace the affected . .land. Please let us know if you wish us to proceed with the interagency review of this proposal or if you wish to provide additional information about Cha proposed pond. Because an Interagency site visit may help resolve some of the potential concerns, v« will help arrange such a visit, if you wish. If you have any questions,, contact Mr. Joseph Yanta at (612) 290-5361. 1/1 Bonestroo Rosene 1TB Anderlik& |\J| Associates Engineers & Architects -«»». f ■ .H %•- • •••'ft : • r ♦•r»i *4f ** * tr- c *•• •• • ••^‘ . • f ••I « \ ef* l» ^ f ^ •A •• ^ • *• .^ s **• A *•*’* V-ju# •« *« •*< n • r* n . Vi A e- * »' *•• •?.•» 1 .J . <«»vr 4 **'• ^ V •••• * • - * • V n A V J •’ •• • Cl . • r 1 1 -rv » * • V •*».<*•. c I % f M.**• 1 . A '•»' •••' *• * A ••• h* \t * ^ e. *\ *» 1 . *.•!«* •*? . •# • »•. • ^ lew August 8, 1995 ^•vrr,» • ■* •r.*e •A.*rt.»-;v •»• . 4r '*%• ■■ *•-* AT •* r ‘.a,. •. • *.♦••- . frwKie*** A rf.i •• .1 , V.. > A W V r 4 % II ■• ‘'’ih. • * '•« <V w ■' ^ A ..«*'• * •«y ■' •■# •• %«.|A <^ ,«r4«i« • I • W»“* •'? •• »I ♦ . • : • .» %w« • I ■• •«* t , ! r • •h* • .<1^ ••• I <**‘r '* »ii M V V V *' c.r» a.. . . «. V i. A'|T* * V •< '». . 4^4 *' ■• IV • ^•■ul Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Carson Pond File No. 139-2039 Dear Jeanne, We have reviewed the proposal to create a pond on the Shar>l an^Vally Carson property located on Lot I, Block 3, Old Crvstal Bay Road 2nd Addition. The contours shown ate e^ersllv accentable however we would recommend a 10:1 bench from the wafer line to one foot bil^ .h^w^er re^^ provides a margin of safety and vegetation around the pond perimeter. The water level of the pond will nee estimated with grading done accordingly. Existing topsoil should be salvaged for respteading over the dismrbed should be restored with seeding using a wetland seed rntnure such as Mn/DOT mature ^0. The nronosed pond is acceptable from an engineering standpoint However, approval must obtSied ulm the U.S. Corps of Engineers. The total impacted area is approximately 0 3 acres which should qualify for a Nationwide Permit Please contact me at this office if you have any questions regarding this matter. Yours ver>’ truly. bonestroo , ROSENE. ANDERLIK & ASSOCIATES, INC. // Shawn D. Gustafson, P.E. 2335 West Highway 36 • St. Paul, MN 5SII3 • 612-636-4600 •-A-**!**•*.vi.\ 1. r*. ilH**' »r*A-.♦#♦ > 1 *r«. ^ * v« 4 7 y . i • y ♦ *»^ ^ .\v>« « • V# .’ ■ V V • y V • 4 STATE OF MINNESOTA ) )ss. COUNTY OF Hti/hfCenO) lie' COVENAiNT OF DEDJCATIOIV TIic undersigned, Orono Limited Partnership, a Minnesota Limited Pannership, and Coifin Comers Partnership, a Minnesota Pannership now sttpuiates to the following staiemen: of facts; and the undersigned further agrees to retrict the use and tide of the realty described in Exhibit A to this document (hercinafier referred to as Exhibit A) in accordance with die terms and conditions set forth hereia STrPLl.ATlQNS OF FACT 1.‘iiat the undersigned Orono Limited Partnership is the applicant for a Corps of Engineers permit number 94^2434 NW JJY, 33 CFR 330 • App. A. Nationwide permit number (^0) to develop wetland; and that the U. S. Army Corps of Engineers has regulator/juriscicrion of said wedand pursuant to Section 404 of the Clean Water Act (33 use 1344), 2.^ ^ That the undersigned Coffin Comers Partnership is the Coniraa for Deed Vender of Lots I - 6 inciusive. Block 3, and. Lots I ' 4 Inclusive, Block 4, Old Crystal Bay Raac Second Addiuon, Hennepin County. MN and the undersigned Orono Limited Partnership is the owner in fee of the real estate described as Lott I - 5 inclusive, Block I, and Lots I - 6 inciusiv'e. Block 2, Old Crystal Bay Road Second Addition Hennepin County. MN* and is the Comrac: for Deed purchaser of Lots 1 - 6 inclusive, Block 3, and Lots I - 4. inclusive. Blcck 4 Old Crystal Bay Road Second ,\ddition, Hennepin County, .•IN / Tiiai a portion ol the real estate described above is a wetland under the recuiator* jurisdiction of the St. Paul District of the U. S. Army Corps of Engineers pursuant to Section uC4 of the Clean Water .Ac:. ^^-2igned applicant and the St. Paul District of ffie U. S. Army Corps or tangine “.'’s have reached^an agreement whereby the undersigned applicant will be perm.iisc kO^de.clcp a portion or the wetland in accordance with the terms and conditions of Corps of Engineers Permit number 94U32434 NW JJY, 33 CFR 330 - App. A. Nancnvvide permit number (26); ^d, that in considemrion for the permittee to develop the wetland, th 'indersigned will mitigate the adverse environmental eilccts resulting from the development by dccicaiing the easements as defined in the attached Exhibit A for perpetual U5C os a conser/ancy ar^ in accordance witii the terms and conditions of this docutnem and the above .mentioned permit. .* nw.*- r w .* ^ • «X ** 4 4 •-r v -^L 4 •#•■> • ^*• .*^|^> ^ V V V ^\f.4. (3.Tint a permit to develop the wedand above described would not have been yremed but for the dediuiion of the casements as contained on LxhToii A for use as conservancy area; and, that upon receipt of a cemtied copy of this document, as recorded in the Office of the Gaunty Recorder for Hennepin County, Minnesota, the Diatnc; Engineer of the St. Paul District of the U.S. Anny Corps of Engineers wiU issue a validated permit, number 94-02434 NW JJY, 33 CFR 330 - App .A Nationwide permit number (26), to the undersigned appCcant; and that said permit shall be issued In consideration for the execution of *Jiis Covenant 7.That the terms and conditions of lias Covenant of Dedication shall, as of die date of execution of this document bind the undersigned to the extent or their legal and/or equitable interest in the prepenv described in Exhibit A; and that thia Cwvenani shall run with the land and be binding on the undersigned and their heirs and assigns forever. S.Tlut the terms and conditions ot this Covenant shall be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the property described in E.xhiuit A or any part thereoi; and that any instrument of transfer, conve>'ancs or encumbrance affecting ail or any pan of the property described in Exhibit A shall*set fonh the terms and conditions ot this document either by reference to this document or set forth in mil text DEED ANX) USE RESTRICTIONS Tiis unoersignea. Coffin Comers Pa/tnership warrants that it is the Contract for Deec ^ endor as recited above and Orono Limited Pannership hereby warrants that they are the Owner in fee and Contract for Deed Vendees as recited above of the realty desc. .k^ea as n.xhibii .A, and that the easements recited in Exhibit A are herebv dedicated in « ^pc.'peiuity for use as a conscr.'ancv' area. The undersigned Orono Limited Partnership and Coffin Comers Partnership hereby agree :o restnet tiie use and title of the easement area as recited in Exhibit A as follows: 1.No dredged of uil material will be placed in the easement area of Exhibit A except as provided pursuant to permit number 94-02434 NW ;JY, 33 CFR 330 - App A. Nationwide permit number (26). 2.No comnierciai. industrial, agricultural or residential developments, structures or buildings shad be allowed or permitted in the easement area of E.xhibii .A jm • 5.That the above mentioned dedication shall consisr of the execution of this |J. document by all parties necessary to restrict the use and tide of the osements as defined in ■ (he attached Exhibit A; lod that this document shall be recorded in the Office of the County Recorder for Hennepin County. Minnesota. :.w rurr^i.*.:. A* A ••'■ • . M m \ ..si^. :.. L 'iz . .'ll ^i' •'''•'' ;?5vv:54:.- - feC"& 3.No lumbcnDg, mowing, drainage, tmniing, plowii^ or fiUiog shall be allowed or conduced on the easement am ci Exh&it A. No cattle, horses, sheep or other livestock shall be kept or grazed on the easement area of Exhibit A 4.No filling, dwnping, burning, grading, excavatica, direc: Introduction of untreated storm water, and mowing or other v^etation removal shall be allowed without wriiien approval from the Corps of Engineers, 5 Tliat any unauthorized prohToitcd acdviiy In the conservation areas by the pemuttee. subset^uent property owners, or other parties shall be considered a permit */iolat;on, and that the property owner and responsible parties may be the subject of ddministraiivc. civil or criminal action. 6.Tliis Covenant of Dcdicauon may be changed, modified or revoked only upon Nvriiten approval of the District Engineer of the St Paul Distria of the U.S. Army Corps 01 Engineers. To be effective such approval must be witnessed, authenticated and recorded pursuant to the law of the Stare of Minnesota. / .Tliis Covenant is made in perpetuity such that the present owner and its heirs and assigns I'orevcr shall be bound by the terms and conditions set forth herein. ORdvO u lED P.\RTNERSmP 'MAh Presidtet of James Development Corporation, a \Cnncsota Corporation, a General Partner of Orono Limited Pannersiiip STA7E OF .MTsTVESOTA ) COL^TV OF nE:>7iE?r^ ) The ,‘cregcing instrjmc.'it waj acknowledccd before me this * lli^dav of •>Q(XcO(^ti , ..1994, by J/UV) A President of liV\_____. 3 Minnesota Corporaiion. a General Partner of ORONO LO^UTHD PtARTNERSiilP, a Limited Parmerslyp^^^der the laws of Minnesota, on behalf of the Limited Pannership. (lOTAmwSjc - SSesoTA I 1:. -: rj\.\ i. a. V-•».» . ••• J A ^ •It #•#,V''% * 0k f, ^ y* . J .• COFFIN CORNERS PARTNERSHIP its ff i;^/^v/f/ /yf/ ^ f 4r L STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) Tlie forciicing insirument was acknawlcdged bdo^e 9ie this II tin dav oK ____. 1994. bv <S^cW ft. LJC C^cVv , General Panner ol' COFFIN CORNERS P.^RTNERSHIP, on behaifot'the paMtit This iiisirumcni was drained bv SAHR KL’SERT s. tamecrnino IJiUU Sco Line Suildin: Minnaaaclis. MN ii4U2 Ho»«?aia«o» RAMSEY COUNTY My eciwwwwin mmm 1-3Ma Ov ^ »|^*— 'iJl '\‘T '-'CR TAXES PAID •Tr..H. .C'*.. tCT n ii*.''* •■• r.-''S-n V »• ■Sj‘ <v4r- ** 1‘ *1^* •^ot'- to ll> tvi m • « • • •> • I *•rn vc> II > I c> cr* f *1 IV j or>r",' OfricE oriMtnEGisrR/Ji or iKits HENhCPif 1 coik; rI. f 1*1. .lso ra CERTIFIED FILEIMW* . I -t: I • I • I 9t UCF 2^ TO REOlMRAROf Tiriia ____0£FVTY •i • • 111 c:> I •« c> I II • •••«%» •• • • 7 :rjj. rj\.\ i-A- TT ' \ ^ J •V A A '••• -/M •-.r :-x‘.•S# ^ •J tm$<mstvly oGfTMf cfsiU Lflt fi.24000 fiMtsouttiwcstartycmi ALSO An «as«mtntfBrwidand purpos«4iwfOioMpatscfLott4andS,Bodc3. OLD CRYSTALBAYRGAOSECONOilinnONdMeA^sfeib^ Convntncing atiht souihetsteemvofsafdLat4tftincicnaniissuamdbiiiiD94fNo(th69 dogress WMt aidng ftt southed/In asid Lot 4 a diteci of SBl21 ibit b the point ef beginning of the easamantMnQ dosGdbedrdwici Noift 3 degrees East e distance of 85i30 feet; bena Saudi 7S de^M Esit a dbbnee of 30.00 feet; thence Noith 20 degrees Sa^dtencb of85.00 tiadtfienoe South SO degrees East a distance of 60i)Q fed; fiwieaNfifdi S3 degrees Cast a dbtanca of 200i30 feet; thence North 30 degreaiWMta dstanee of 48XX) thence cn a bearing ofWeatadbbncsofSOJObeitbeficeSotfbSSdigrMsWeita distance of IOOj OO fMt; thence SooliSD degrees West a dhbnoe of70.00 feet; thence South 70 degree West a <MoBe of IOOj OOM; thence South 35 degrees West a distanee of 80i30 Mteoca South 20 degrees East b its Inbrsecdon with the southariy One of said Lot 4; thanea eastarty aJong said southerty fine b tho point of beglnntag. :-xr' ^ ALSO ------ An easement for wodand purposes over those parts of Loa 2,3, and 4, BIocK 2. CLD CRYSTAL SAY ROAD SECOND ADOfflON daseribad as follow: Comrnenclng at tha most northerty comv of said Lot 4; thanea on an assumed bearng ef Southed degrees 21 minutasSOseeondsWestaiengthiaastarly segment of the northwestariy ilna of said Lot 4 a distance of 185.00 M to the pcim of ginning of tha easement being dacrihed; thanea South 35 degrees West a distance of 140.00 feet; thance Soub 60 dagroaa Waat a dbtanca of 140.00 feet; thence North 1S degrees Wbsta distance of50.00 fiaat; thanea North 25 degrees East a distance of90.00 feid; thanea North 68 dagrats East a AL^O ^ ^ ^ ihenca southeasbrfy to the point of beginning. An ea«m ant for woft and purposes over Sat part of Lots, Blodc 3 OLD CRYSI SAY RCAD SECOND AODiTION desertbed as feiiews; Beginning at tha norbwast comer cf said Let 3; thanea ea an asiumad bearing of South 2 degrees 30 minutes East along the northbty segment of the wastoriy Qnt of said Let 3 a dlsan ca of 260.00 feat; thenco South 40 degreaa East a ditbnea of 40.00 feet thanea North 63 degrees East a dlsbnca of 190.00 toot; thsnea South 85 dagrd«s East a distance cf 100,00 feet; Ifaenca North 25 dagtees West a distance cf 130.00 feet; benca North 3S degrees East a distance cf 70iX) toet; Ihence Ncrth 70 degrees West to fts intereoctlon wfih the northerly One of said Lot 3; dienca westarr/ along said northerly ilnetothe point cf beginning. ALwC I An easement for wetland purposes over that part of Lot 2, Blodc 3, C3LD CRYSIAL BAY ROAD SECOND ADDITION Which lies northerly of tha following described line: Commencing atthenofthoastcomar cf said Lot2;thafled on an assumed bearing of South along the norlhaity sagment of tha aastarly line of said Let 2 a distance of 267.06 feet to an angle point in said aastarly llna; thanea South 2 degrees 30 minutes East along said eastofty line a distance cf 32Si)0 feet tc tho point of beginning of the (Ina being descibad: thence on a boarlna of West a >I UKYiil AL SAY ROAD SECOND ACOTKDN'w^ n«s oT• fott <Jrawn from a point on tfto nontiMtyiworsidd Lot6 datvit205.00fiMteasserty of tho northwost comer of said Lot 6, ti a point on tha souShaastarty bia d said Let 6 distant 240.00 feet soutfrwestarty cfffia moat easterty oomar of said Lot 6. ALSO An aasament for wetland purposes a wr those parts of Lea 4 and 5. Btort 3. OLD CRYSTAL BAY ROAD SECOND AOOTTTON d«crib«l as follows: Commenanfl at tha southeast comer of said Lot 4; ftanca on an assumed bearing of North 89 degrees West along the southorty Im el said Let 4 a dsanca of 5621 fast to the point cf fceglnr^ir.g cf the easement being daschbed; thence North 30 degrees East a dls^nca cf 85.CQ feet: thenee Seidh 7S degrees East a distance of 3fHX) feet thence North 20 degreac Easts dtetanee of 6S.0O feet thenca South 60 degrees East a distanca of 60.00 fe< thence North 53 degrees a distance of 200.C0 feet thence North 30 degrMs West a distance of 45.00 feet; thence on a beanng of West a distance of 90.00 ImI; thence South 53 degrees West a distance of 10O.CO feec thenca Souft 30 degrees West a distance of 70.00 feet; thence South 70 degrees West a dfatonee of 100.00 feet; frtenca South 35 degrees West a distance of 80.00 feC thenee South 20 degrees East to Its intersection with me southerly fine cf said Let 4; thence »sterty along said southcrh/ line to the poirrt cf beginning. ALSO An aasament for wetland purpgaes over ftosa parts of Lots 2 Z, and 4 Block 3 OLD crystal SAY ROAD SECOND ADDITiON dOMribed M followi: Cdntntencinfl at the most northerty cemer of said Lot 4; thence on an aaauniad boaring cf South 69 degrees 21 minutes 30 seconds West along the eastafty segment of the northwesterty line of said Lot 4 a distanca of 105.00 fbet to the poirrt of beginning of the easement being described; thenca South 35 dagreee West a distance of 140.00 feet; thence South 60 degrees West a distance of 140.00 feet, thence North 15 degrees West a distance of 50.00 feet; thence North 25 degrees East a distance of 90.00 feet; thence North 68 degrees East a distanca of 160.00 feet; thence southeastorfy to the point cf beginning. ALSC An easement for wedand purposes over tat part of Lot 3 Blodc3 OLD CRYSTAL BAY ROAD SECOND ADDITION described as fbllews’: Beginning at tha northwest comer of said Lot 3: thenca on an aeeumed bearing of South 2 degrees 30 minutes East aieng the northerly segment of the westerly line of said Lot 3 a distance cf 260.00 feat; thenee Setfth 40 dagraas East a distanca cf 40.00 fear, thence North 63 degreas East a dlstence of 190.00 teat thanea South 85 degrees East a distanca of 100.00 feet thance North 25 degraas West a distance of 130.00 foot; thenee North 35 degrees East a distance cf 70.00 feat thence North 70 degrees West to its intersection with the northerly line of said Let 3* th-Qnco westorr/ along said northerly line to the point of beginning. AL-SC Art easement for wodano purposes over that part of Lot 2 Block 3 OLD CRYST^ BAY ROAD SECOND ADDITION which lies northerty of tha following dfisenb^ line- Commencing at the northeast comer of said Lot 2; thenca on an assumed beanng of South along the northerty segment of tha aastarty nne of told Lot 2 a cf 267^00 feet to an angle point in said aastarty line; thence South ^"ne a distanca of 325.00 feet to the SSil ? ^line being desertoed; thence on a bearing of West a distance f^. therice North 3 dogreaa West a distance of 70.00 teot; thence Intersection with the northerly segment of tha west linoof said Lot 2. and saiq lino there endinn .■ A) .-y ti ‘ .J OLD crystal bay road SECOND ADOITION. descnb«d as Beginning at me soumeast comer of saW Lc* 1; thence on an a^umed b^ng of North 87 dogroe* AS minutes Wesi along tie aoteh line of aa»d ® 115.00 feet; thence North 1 degree 14 minutes 44 seoonds^s! 115.00 feet; thence South 87 degrees 45 minutes East a diatan^^ 40.OT feet, thence North 25 degrees East a distance of 40.00 feet West a distance of 105.00 feet; thence North 65 degrees West a distance rt caCO feet; thence on a bearing of West to the westerty Une of said Lot 1; thence Scum 82 degrees West a distance cf 90.00 feet thence South 45 ^^^arees We^a distance of 100.00 feet thence South 33 degrees Ea^ a di^nce of 52.W ee , thence South 82 degrees West to the West line of said Let 2; thenw f^rth M degrees West a distance of 140.00 feet; thence North 40 degrees West a distance of 50.00 feet; thence South 20 degrees West a distance South 65 degrees West a distance of 105.00 feet thence North 25 d^f^s West a distance of 60.00 feet; thence North 5 degrees East a distenco of 70.00 feet thence North 25 degrees West a distance of 55.00 feet; thence o" « Wast a distance of 55.00 feet; thence Soutn 40 degrees West a distance of 120.00 foot thoneo North 55 degrees Wete a distance of 35.00 f^t; 40 degrees East a distance of 140.00 feetih.nce on a ^nng of North to tee northeriy line of said Lot 4; thence easterly along the northerfy lines of said Lote 4 and 3 to a point distant 10.00 feet easterly of the northwest comer of said Lot 3. thence on a beanng of South a distance of 95.00 feet; thence South 30 East a distance of 30.00 feet; thence North 80 degrees East a distance of 90- feet; thence North €5 degrees East a distance of 65.00 feet; thence on a be^g of North a distance cf 50.00 feet; thence North 60 degrees East to ite intersecfion with the northerty line of said Lot 3; thence easterly along the northerfy lines of said Lets 3.2. and 1 to the northeast comer of said Lot 1: thence southerly along tho MSterty lino cf Mid Lot 1 to tho point cf b^^jinnin^- frem Vpoint on the eouth line ..id Lot 1 <tet.nt 220.00comer of »id Lot 1 to . point on the eaet line of ~.d Lot 1 distant 230.00 feet northerfy cf said southeast comer. ALSO An easement for wetland purposes over that part of the East 20.00 feet of Lot 2, Block 2. OLD CRYSTAL BAY ROAD SECOND ADDITION which lies between the westerly extensions across it of the north line of the south 60.00 feet of Lot 1, said EleeX 2. and the south line cf said Lot 1. ALSO An oasament for wetland pureeses over that part of Lot 6, Block 2, OLD CRYSTAL BAY ROAD SECOND ADDITICN described as follows: Beglnnlno at the southwest comer of said Let 6: thenca on an assumed bearing of South 81 degrees East along the southerty line of said Lot 6 a distance of 105,00 feet; thence North 60 degrees West a distance of 110.00 feet; thence North 48 degrees East a distance cf 90.00 feet; thence North 80 degrees East a distance of 80.00 feet; thence on a bearing of North a distance of 20.00 feet; thence South 87 degrees West a distance of 110.00 feet; thence South 38 degrees West to the west line of said Lot 6; thence southerly along said west line to the point of beginning. ^ c* tJ T a T u I ' I ■■ • /'[ ) 40.00 f««t; Hwte* Soum S a*«rM« Ei*t • awan^ «rf 1 80 d*of«*« e»tt • di*»ne» o« 80 00 »anc»S^ I2^!ST!?MM totf monea North 5 dagrata Wast a diatanea of 140.00 ? j!2| m Past a dlstanct of 60.00 ftoat thenc* North 55 dagroa* West a dlsta.i^ of ^ 00 fMt* ther^ce westeriv to the rtofthweet comer of «aJd Lot 1 ; thence south elonfl said to the poi!!^ of beginning. ALSO, an etaement for v^and Durootea over the foutheatterty 30.00 feet of Ihrt pert of -Id Lot 1 wWah ^ each aide of line drawn northweatorty perpendJcutar to the aaid Lot 1 from a point on said southoastnrty ™f9 of the most westerty comer of OutJot A, said OLD CRYSTAL BAY ROAD SECOND ADDITION. ALSO An easement for wetland purposes over that part of Lot 4, BlocJc 4. OLD CRYSTAL BAY ROAD SECOND ADDITION which lies wattarfy of the following dascribad lint: Commandr»g «t the aouthaast comar of said Let 4; thanca on an assumed bearing of North 88 degrees 08 minutes 48 seconds Wast along^e •oulharly Una of eeld Lot 4 • dietence 282.09 feet to the eouthw-t comer <^id Lot 4. and the point of beginning of the One being deserfbed; thence Nor^ M degrees East a distance of 30.00 feet; thence North 40 degrees Wett a distance of 1 10.00 feet; thence North 45 degrees East a distance of 45.00 feet; thenw North 60 degrees West to the nordiwesterty line of said Lot 4. and Said Uns there ending. An easement for wedand purposes over that part of Lot 3, Block 4, OLD CRYSTAL BAY ROAD SECOND ADDITION which lias ncitheestarty of the following described line: Commencing at the southeast comer of said Lot 3; thence on an assumed bearing of North along the east llrta of said Lot 3 a distance of 285.CX) feet to the point of beginning of the line being de—ri^; thence North 45 degrees West a distance of 65.00 feet; thence South 85 ^*8^^ West a distance of 60.00 feet; thanca North 20 degrees West to the northwesterty line cf said Let 3. and said line there ending. I-rvw.n . w • ••7 ••• ^ * .. «4^ . -^ «••A «• ^ 7.' • • / y •• (- ^ —• , , #* —^ ^ T ■ V.. . , ‘ Lj ^>V..->.>- IIIVM tlMMIIfll ««> llWItfl /*. / f along tha west lint of said Lot 1 a dlfluiea of 288.00 iiMt to tho poM of bt^nnlng of tho oaMmwrt boing dototed; ttianea Sotah 80 dWMi Slit a of 40.x foot; thtnca Soutti S dagrMa Eiata dfsttneo of 118.X M;thonot North 80 dogrooa east a dbmneo of 60X M; Ihonoo South 70 dagnMa East I distanca of 80.X faot; dianea North X dagraas Easts dishmca of X.00 fast; thonca North 5 dagroas Wost a distanca of 140.X fast; thsnea North 35 dagraas East a distanca of X.00 fhot; thanes North SB dagraas West a distanca of 40.00 fast; thonca westariy to tha northwast comar of said Lot 1; thanes south along said west tine to tha point of beginning. ALSO, an aaaemant for wetland ouroosos ovor tha ^u^aaatorfy 30.x fait of that part of laid Loti which liaa within 40.Mteatof each sida ^ilno drawn northwasterfy parpandleular to tha southaastady line of Mtd Lot 1 from a point on said southaaatarty Una distant 120.X M riorlhaastorty of tha most westerty comar of Outlet A. said OLD CRYSTAL BAY ROAD SECOND ADDITION. ALSO An aasamant for wodand purposaa ovar that part of Let 4. Blade 4 OLD ADOmON whidi to wMBrty dtht tellwing case* )06d lina: Commancing at tha southaast corner of aaid Lot 4; thane# on an asaumad bearing of North 89 dagraat 06 mimitaa 48 seconds West along the so^eriy llna of aaid Let 4 a dlatanea 282.09 Ite to tha aeuthwaat comor of said Lot 4. and the point of beginning of tha Una being daaeribad: thanca North 50 •<ihrt8nca of 30X feat; thanca North 40 dagraaa Waat a distance ff tf«graes East a distinct of 45.X feat; thence North 60 dagraas Waat to tha northwesterly line of said Lot 4. and said line there ending. ALSO An eawment for wetland purposes over that part of Lot 3, Block 4, OLD CRYSIAL BAY ROAD SECOND ADDITION which lias narthaaotarly of the fel/cwing described lino: Commencing at the southeast corner of said Lot 3; thence on an assumed bearing of North along the east line of said Lot 3 a distance of 285.00 feet to the point of beginning of tha Una being described; thence North 45 dagraas West a distanca of 85.00 feet; thanca South 85 degrees Wes4 a distance of 50.GO feet; thence North 20 degrees West to the northwesterty line cf said Let 3 md said line there ending. * •w • SHARYL and WAUy CARSON I0t 16IDCK S. OLD CRYSTAL ROAD SECOND ADDITION M a.’i: aui:COUNTY, MINNESOTA / / Ointor c f y rg(Jt/4r/fA* * t(fO <M.*0r, Aft A . /€,re» i It, AT. tr P9*>f — -»f/i ~ - t fjr/rrMM CMnftiM • DCSICNIDIY tlVBK)N 13AU ntsauinuN Q 4f0/f0 •CQFnN & GRONBFRr.. INC. I Cofhiiltin^ iiKimrr>. Lnul Sm\wr>, Silc riaiiiurs I hcrrhy crfiifv thji this sun ry wjs prrpjrtil by me of under my dlred super* vision, and lhal 1 am a duly re^slered Civil En|ineer and Land Surveyor under the laws of Ihe Stale of Minnetoia SCAU I'-W OATt I � flJ ► fi � c,f �- � ID • � � � t--z § z -a. I :z:•. , • I .! / ,, / --,, /; ,,,, / I /' I / / / / I / I I r I I -. ,,. , I ( •.., ,,.· .. . .-. . ., . .. . .. .. .. . , ; . . . \ ': \ : \ ':, \ V") \ \ \ \ \ \ \ \ \ I, , A RESOLUTION GRANTING VARIANCES TO .MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2045 WHEREAS, John A. Steinmeiz (hereinafter "the applicant") is the owner of the property located at 1155 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows; Refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28. Subdivision 5 (B) to permit construction of a 6.2'xl2’ single story addition and 6 ’ roofed deck along the entire e.xterior of existing residence that will be located 2* from the street lot line adjacent to County Road 146 and 48.8 from the street lot line at Willow Drive where a 50 ’ setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; 1. 2. 3. FLNDLNGS This application was reviewed as Zoning File #2045. The property is located in the RR-IB, Rural Residential Zoning District requiring 2 acres in area. The property consists of 19,827 s.f. or .46 acres. The Orono Planning Commission reviewed this application on August 21. 1995, and recommended approval of the variances as amended based upon the following findings: A.Traveled County Road is located 42 ’ from the street lot line. B.The existing residence is located 52 ’+ from traveled road. C.Northeast comer of the addition will be located 2’ from the street lot line but 44 ’ from the traveled right-of-way of the County Road. Page 1 of 5 f f'' V L ' . 4. 5. D. E. The property is located approximately 6-7’ above the County right-of-way. Location of house on txld shaped lot. F.Lot is a comer lot and subject to three 50’ setbacks (side street, front street and rear). The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre.serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprebensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER .AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to .Municipal Zoning Code Section 10.28. Subdivision 5 (B) to permit construction of a 6.2’xl2 ’ single story addition to the principal structure and a 6' roofed deck along the entire exterior of the residence and grants a 48 ’ or 96% street setback variance from County Road lot line and 1.2 ’ variance or 24% to Willow Drive street lot line, subject to the followine conditions: I Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 11. 1996). Violation of or non-compliance with any of the temis 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. Pace 2 of 5 1 I 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resofution and on behalf of himself, his heirs, successors and assigns, hereby asree to the recording of this resolution in the chain of title ot the propert)'. Adopted by the Orono City Council on this 11th day of September, 1995 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foiegoing instrument was acknowledged before me on this 11th day of September, 1995, by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the Citv of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public Page 3 of 5 J[ 1 STATE OF MLNNESOTA ) ) COUNTY OF HENNEPIN ) On this _ day of ss. , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary' Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) e.xecuted the same as his (their) free act and deed. Notary Public Page 4 of 5 EOUBIT A that r.art of i;ovcrnii..*nt iMl 6, y. ction Hi. Tnwnr.hu. lU it.....,,- t W.v.1 ol ih- 5tl* Principal Mpiicljan, (Irnrr ib»Ml as follows: CotnnKMu; i n<| .it n point in th<- contorlino of County lliqhw.-iy No. B7. which s.iiil point i37(1 UiM. sonthoastiM I y alomi cen terline from a point therein which bears South 41 ileqiecs West from a point in the Past line of saiti I.ot 6. 66 feet South from the Northeast ornrr thcirof; Vhonce northc.istcrly at riqht angles to the coiitcrlinc of said Highway 216.69 frnt;theiico southeasterly at right angles, to the ernl erlii.e of County llinliway No. 146; i henre soutliwestcr ly along the centerline of r.iul CounI y Hiqliw.iy No. Mf. to its i nl ci sect i on with the centerline of County Highway No. n7; thence NorthwenterI y along the centei- linc of County Higliway No. I17 to the point of l.cin nn ‘'“l • Page 5 of 5 /. TO:Chair Peterson and Orono Planning Commission Members Ron Moorsc, City Administrator IFROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:August 8. 1995 SUBJECT:#2045 John Steinmetz. 1155 Brown Road South - Variances - Public Hearing Zoning District: RR-IB Lot area = 19,827 s.f. or .46 acres Pertinent Ordinances Section 10.03, Subd. 14 (C) - Review of structural coverage Lot area = 19,827 s.f. Allowed = 2,974 s.f. or 15% Existing = 1.809.8 s.f. or 9.3% Proposed = 3,234.6 s.f. or 16.3% Variance = 260.6 s.f. or 1.3% .Section 10.22. Subd. 2 - Review of hardcover 500-1,000’ setback area Total area = 19,827 s.f. Allo>^ed = 6,939.45 s.f. or 35% Existing = 3,978 s.f. or 20.06% Proposed = 5.376 s.f. or 27.1% No variance required Section 10.28. Subd. 5 (B) - Street setback variance Required = 50’ Existing = 10.1’ Proposed addition = 8 ’ (variance 42’ or 84%) Proposed deck = 0’ (variance = 50’ or 100%) - County Road 146 Proposed deck = 44.8 ’ (variance = 5.2’ or 10.4%) List of E.xhibits A - Application 13 - r;at Map C - Property Owners l.ist D - Neighbors Acknowledgment Form E - Hardcover Facts F - Elevation G - Floor Plan H - Survey I - Topographic Map Request for Council Action continued page 2 of 3 August 8, 1995 Zoning FUc #2045 Description of Request Applicant proposes a 6.2’xl2’ addition to the northeast comer of the residence. It will be located 8’ from the right-of-way of Count> Road 146. The existing residence is located 10.1 ’. The proposed improvement includes the installation of an 8’ wide deck along the entire exterior of the existing residence. The deck will have a root with a 2’ overhang. The deck with overhang will be located 0 ’ from the County Road nght-of-way and 44.8’ from Willow Drive. Improvements result in a structural coverage excess of 260.6 s.f. or i.3% (total stmctural coverage is proposed at 16.3 Review Exhibit I. note the majority of applicant’s east street yard is located within the right-of- way of the county road. Staff will ask the Hennepin Department of Transportation to comment on the request for a 0 lot line setback. The house was constmeted prior to the adoption of zoning or building code standards. There is no record of building permits being issued for additions to residence. The topographic map shows the original driv^eway that accessed the property at the County Road. In 1994 applicant installed the new detached garage with the relocated access drive at Willow. Note structural coverage was not an issue at the time ot the issuance of that permit. Statement of Hardship Hardships are reviewed as follows: 1.Please refer to pAhibit A. applicant notes the substandard propeny is subject to development standards for the 2 acre zoning district. 2.Location of house on odd shaped lot. 3.Lot is a comer lot and subject to three 50’ setbacks (side street, front street and rear). 4.Only a corner of the covered deck would be located at the lot line. Issues for Consideration 1 1 3. Will members approve a structural coverage variance? Will members approve any further encroachment of a substandard side street yard (County Road 146).’----8’ setback for proposed principal structure addition at northeast comer? Other issues raised by Planning Commission. Request for Council Action continued page 3 of 3 August 8, 1995 Zoning File #2045 Addendum StaH’has heard from Dave Zetterstrom of the Hennepin DOT and he advised that since shoulder of road is 45 ’ + from residence that he would have no concern with the proposed improvement. He noted the sharp rise in elevations adjacent to road bed. He also advised the County has no setback requirements for structures or other improvements from road right-of-way. Option of Action To either approve or deny application as proposed or approve as amended. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.(X) (no change from original application) Variance for non-conforming structures $ After-the-Fact Fees (Double application fee) PROPERTY INFOR\L4TION Site Address ^ r\ 2o3eJ^ e)J I Vi' , 72- *" -•. V . . wV' 7 Property Identification Number (P.l.D.) J-^r-r__--------p/p — // 7 ~ jy . Attach legal description to application if not included on required survey. Date Prnpern- Acquired________--------------------------------- I (do) <^on^ also own the adjacent parcels of land. Presenunrot property: Y residential ___other (specify) Zoning District:_____~~^--------------------------- (monih/year) APPLICANT^ Name qhkj ^z. Address: //f ?__ OWNER (if different than ^plicant) Name________^J X.— Phone (home) _ Phone (work) pyY- VJgO _ ritv: /.Zip:_JPj!j!y Phondhome) Phone (work)_ Address:Citv:Zip: DESCRIPTION OF REQLTIST Estimated Construction Cost $---------------------- Describe request injleiail:^ r< (attach additional sheets if .necessary’) VARIANCES REQl IRED Lot Area _Lot Width !▼ - Setback:'/ Front X Side . 'dcover Rert Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSf.AL PROPERTY CONDITIONS Describe undue hardship or practical diffic^’ (^r unusual pr^eny conditions prevenimg compliance with Zoning Code requirements: ^ z' ^ 3' (anach additional sheets if necessary) V^QViSED SUBxMITTALS §All of the following information must be submitted bv the application.deadline date in order for vour application to be considered complete:. 1. 2. 3. 4. A Completed Application Form Certified Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Depamnent of Finance. A-60a, Govt Center, a48-a271). ^ Plat Map (obtained with property owners list). 5. 6. /. 8. 9. V Certificate of Survev (sisned by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8'/^ x 11 for reproduction. Topograpliic survey (existing and proposeu elevatioa if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/i x 11 for reproduction.^ V Sketches or plans of floor & elevation views (provide one (1) copy m” x 11"). List of the le2al names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current ownens). __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 ymir variance application is not complete if the ahoveJnMmation has not been include APPLICANT’S SIGNATLRE . The applicant herebv agrees to provide all information required or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by original tee payment) and/or consultant expenses incurred in review of this application, and certities that the information supplied is true and cogeckm The best of his/her knowledge. Applicant’s SignatW^Date ^ OW'NER’S SIGNATLRE Tlie owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by Cky staff, consultants, agents. Commission members, and Council members for purposes investigation jtfithverification of this request. DateOwner’s Signatur^^ 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 nionth. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. * (>2) J,'V^'V»V/^*4/ -*-»/ ( 16) r5 \ <*0 (O ( IT)\ (6) s '• ss. MO -xA 3 S _ HC , »•A. - A 140 3 » 3 MC :■ ' 3MO a sli?.’B ;75 -*-) HO S ?3(3D R _ HO_____^^ *»XHO , 3 »\? 140 ^ HO ^®3140 ^”o/«•140 3 a HO ^ .'(75) ^ V®^ MO ' \ 70) V IT fl ^ 10 □ >\ 3^ '® ”'°S^ (74) ^(71)^ Mr ^ « MO'.V /all ^ C?) / V\ouuot I 06) I.L.s ( '9) \ 2U'$ /*|«P / A (20) (’! /-^ /o>„ ■ t\ 5 {13) ♦> T6 35 f(W M 4 R L $ RO 98 Qt 'a » T' \\ mm MTi •7/u/niATM Mimm mm(MCA NAITAXAAYti M lA-U7-» 11 0002OOOSt AOOIIESS UNASSlOmtNCLEOO CMTY fHO RAIL AUTMMROTA RAIL XHCU ARAM or NHJTOIIMSCM HN 551SQ rpIM COUMH PRORfRTY IHFOIWAUQH SYSTEMINIOHRTY IMURS LISTSa 10-117-2S 20 00(Olios ilKMi RO SJEMY t CNRISTEHSGNJERRY CtailSTENSQN1105 RRONN RO SNAY2ATA m S5S01 REPORT NO.PAGESO 10-117-21 20 000501115 RRONN RO S0 N NNITNEY ASK HAOCER0 MNITTNEY A S HACKER1115 RRONN «) SKAYZATA NN S5SY1 PI415A017.Ar f r AOilR flIPCR NAME taxpayer NiLME/AOOR PROP AOOR IM€R NAME TAXPAYER NAME/AOOR ^ONNER NAME TAXPAYER NAME/AOOR A SR 10-117-21 2A 0004 01115 RRONN RO S 0 A RLEN APS GLEN RUANi A A PATRICIA S GLEN 1115 RROm W S NAYZATA m 551Y1 10 10-117-2S 24 0010 01145 NILLON OR S J H A E M NOLAN JAMES N A EILEEN M NOLAN 1415 NAROSCRARRLE RO HOUND MN 55144 TOrAL RATCN 502 00004 15 10-117-21 24 0007 01155 RRONN RO S J A STEINMETZi^ J STEIIMTZ JOm A A CAROL J STE11MT2 1155 RROm RO S NAYZATA MN 55141 10 10-117-21 24 0020 01145 MOm RO S LINDA C CUMMINGS LINDA C CUrtUNGS 1145 RRONN RO S NAYZATA HN 55141 18 lv-117-21 24 0005 01140 NILLON OR S 0 R LIESCN ACM LIESCN DAVID R A CARLA N LIESCN 1140 NILLON OR S NAYZATA m 55141 15 10-117-21 24 0011 OHIO NILLON OR S SAD HCHILLIANS SHIRLEY A DORCAS MCNILLIAMS 1110 NILLON DR S CRYSTAL RAY Ml 55121 I CERTIFY THAT THE FACTS REPRESENTED ARE AH 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 HY KNONLEDGE AND RELIEF.»CLlLr • I • i: I * f i n ’) .- »•t * • I ^ ■».;T i . ' 4 vV • V •j* ' m 9 * ' Adjacent Property Owners’ Acknowledgement Form I (we) ^g^vj i ^CAytiti of //yc> (phnt name(s)][print address) have reviewed the plans for the proposed improvement or proposed use of the prop^' located at y/,fr also referred to as Land Use Application No. . Property Owner Date I (we)bi/^<u,c C/ [print name(s)] {h/y^- [print address] have reviewed the plans for the pro osed improvement or proposed use of the property located also re erred to as Land Use Application No. ------------_• I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to SairtT<te7amTa^rn"trfonhe'’tapr^^^ project or use requires Council approval. ,, 0/U- Property Owner 2 Date DateProperty Owner If YOU have any information that may assist the City in the review of this Und Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. I hardcover CALCCtATION WORKSHEET SETBACK ZONE: (CIRCLi; ONE)0-75’ EXIb t H^mDCQVlEI^ ZONE A.House X 75-250’250-500’ au /S. Ltofib ^2 «/ ? . Z X X X Widdi i ■ 2- «/ G B.Garage C.Driveway 32 8q ______ X X I z_ D.Sidewalk X X E.Patio. Deck X X F.Landscape Underlain Bv Plastic X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A :?9^b __-B . PROPOSED HARI)C0VTR_IN_ZQ;^ A. House ic C>. Y_____ Ltfngih l/ Width X X X B.Garage C.Dnveway ZL c/ 9^0 X X / 2 2^ D.Sidewalk X X E.Patio/Deck X X F.Landscape Underlain Bv Plastic X X X G.Other X TOTAL HARDCOVER IN ZONE total proper ^^area in zone ^^ ^SBMOO)' eog.cift S.F. ZCO,^b S.F. ,?2 . Sc S.F. S S.F. S.F. S.F. 3B S.F. S.F. S S.F. — n.S.F. s S.F. CIT-CN S.F. S S.F. S.F. S.F. j9ye S.F. / 9,^S.F. O, V To 2 V<=/C S.F. S.F. S S.F. S _ S.F. S.F. S.F. =V2 S.F. S.F. a S.F. SB S.F. —S.F. S.F. s S.F. 3=S.F. S.F. <37^S.F. o S.F. =S 'j? e, (0 % 4-t-' . s«\ \ B A B ssnamm ^ - mrh .V •»/09^tn i■• •• d9wt$00n\■v> f/yriry^^f i y/^tjrpflmtnmmttitMm Wjf'»on.0ff * m :r»7l1 II:' ^:l H:i;i J iiin “’’“alsrii! 'is :i r»f Xfc> ■ "^4 1^ . irt ■:;?'?{■’ I - .•—< I' .»’-i:‘ 'iM: W^/IPVBWfK ^*yXr ‘ • i 1 ^ I • 1 V^'* ! I I i ; I ’• '.’ Wn«Lnif!I]l ii.m I ^ 'iii t i . J--:J^llU..i I *.1^ -•OK.— «%.. »«m»-iI!r7?7ixxA^-'•*»»•» * •• '4-. U-f'S N\w5CoS<(CJ ____*2' Go*5t(>v>^wi«?r V 'n- IS -s*s xn »aOV't. x.ot D, section A<f «•«#»» - j'.* iWk Henneoin Countv. Minnesota Legal Description (from owner) That part of Government Lot 6, Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at a point in the centerline of County Highway No. 87, which said point is 370 feet southeasterly along said cen terline from a point therein which bears South 4 1 degrees West from ,a point in the East line of said Lot 6, 66 feet South from the Northeast corner thereof; thence northeasterly at right angles to the centerline of said Highway 216.69 feet; thence southeasterly at right angles, to the centerline of County Highway No. 146; thence southwesterly along the centerline of said County Highway No. 146 to its intersection with the centerline of County Highway No. 87; thence Northwesterly along the center- line of County Highway No. 87 to the point of beginning. This survey shows the location of an existing house on the above described property. It does not purport Jio ghnw any other improvements or encroachments. It •: Iron marker found o: Iron marker set Bearings shown are based on r 'I A'i r #/•«<••» -I r^m tt* <>/»«. !• iv*»y f trr I- % in Hov' I . l.f»t t*, J'xurt itni in II/-.M lt('iiiu'|>i It (.'oiitily, Mi iMH':;ol <t ^ %% 11/ II..I I li, I*.HIM- ^ » W<’j;l ol I li» l,(Mj.\l i ij-l lull ( I I oiii uwii';i ) Tliiil. I »n I I ul (‘luv* ■ I iiiii* *111 l.ol (>, j oil In,‘I uvyii*.li i 11 •jUi I’r i lie i I'.i I n<i i «l i .III, ili'fwi i I" d .i;; lulluw:;: C. .miii. n< i ni ii -i ...................... <■<•111.1*1 I ill" of (.•uiiiily III'iln.’.i^ Mu. H7, wlii<-li rMiiil puinl i'i I/(I |.'l sunl li. m;;I ui | v .ilumi !;.ii<l teiliiK^ fruiii .1 point tlievr'in which ix-'.irn Sonlli 'II ilc<|i ('f; W'Sl I 1 uiii .1 point in tlio |•;n^.t lin<* ul s.iiil hot 6, f.O r<.*ot r.onl h I r 0111 I h<> Mui I liu.f.l <mm nui I h«*i <*ul ; thoncc noi I ln'.i;il <*i I.il li'iht niKjlos to th<* cunl i*r 1 i ii<* ul ;;.ii<l lli'|hw.r>I ('<‘1 ; Lh(.*m.<! soiith<.*n:;l<*i ly .it ii<|hl .in<jl<,*r., lo tin* cr nloiliiio of ('uniil y lliuli'./.iy Mu. MG; tlioiuM) ROUt hv«'::l 1*1 IV .ilunn the contorliiu* ul ‘i.iiil fomil y lli<)h*w.iy Mu. M«. i«. 1 I •; niti’i f.cct J (in with Mio ccnl <*i 1 i lu' of County llitjhw.iy Mo. 117; thuncu Moi 1 hw* ;;l ••! 1 v .iIuik) the contci- lino of (’ounly lli<|hw.Ty No. fl7 to 11k* point of l»*<| i nii i nu. This survr*y jihuws I h<? locnt, ion of <in <'*x i ;jl. i ncj hoiuu*I 1 on 111(11 k(o I ound V. ■3&'•1 V •^y^n. Cc^M<^ St'.') I (t V i) f !/ V * «M«*^* )J l«> < i / 1 / / / / /^ 4 o / 7_^7 7 7 r __\ N \ \'* \ y^/. •/ / 7 / / C< Ua N N ' < ‘ ' \ ' V \ ,1 54‘-4-8-25 • 5-:; REQUEST FOR COUNCIL ACTION SEP 1 1 1995 DATE: Se^IEX^EDilONO ITEM NOiO,: ^ Department Approval: Nam e Jeanne A. Mabusth Title Building & Zoning Adminisiralor Administrator Reviewed;Agenda Section: Zoning Item Description: #2048 James and Joann Jundt. 1400 Bracketts Point Road - Conditional Use Permit - Resolution 2U>ning District: LR-IA Total lot area = 13+ acres Pertinent Ordinance Section 10.28. Subd. 3 (A) - Conditional use permit for studio apartment within oversized accessory structure that already contains a three bedroom two level caretaker unit, a two bedroom guest house. Brief Review of Application Applicants have applied for a conditional use permit for a third residential unit within the oversized accessory structure, refer to Exhibits C and E. The original conditional use permits for the caretaker and guest house units were conditioned on an approved septic system being installed within the construction year of 1995. Since those approvals, the Bracketts Point neighborhood is in the process of petitioning for sewer and the area included within the current Comp Plan /mendment that proposes a realignment of the MUSA line within the City. Sewer would not be available until 1996. It is not reasonable to expect the applicants to install the septic system now that the City is considering the extension of sewer to the Bracketts Point properties. The Planning Commission was asked to consider a deadline date tor the installation of a conforming septic system should be the Comprehensive Plan process fail in 1995/96 season. Septic systems that currentlv serve principal struemre and the oversized accessory structure have shown no visible signs of failures. Inspections conducted by the on-site system manager in 1994 confirmed that the existine systems were non-contoiming and did not meet the required 3 separation The applicants have willingly agreed to install conforming septic systems as soon as (he extension of sewer to the area is resolved by both the City and the MET Council. Request for Council Action continued page 2 of 2 September 6, 1995 Zoning File #2048 Rather than establishing a deadline for applicants, the Planning Commission has recommended that the on-site septic manager complete an inspection every two months to ensure there is no failure of the existing system now at the six bedroom use level. Until the matter ot sewer is resolved, should the systems fail during this period of time the tankf- would have to be pumped on a regular basis or the City may have to ask all use or p iilial use of the bedrooms within the accessory structure be curtailed until the structure is served by a satisfactory sewage disposal system. The enclosed approval resolution has been drafted per the conditions of the Planning Commission approval. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #2048 WHEREAS, James R. Jundt and M. Joann Jundt. (hercinatter "the applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Ororo (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "propeny"); and WHEREAS, the applicants have applied to the City of Orono tor a conditional use permit per Municipal Zoning Code Section 10.28. Subdivision h (A) to permit a third residential unit, studio apartment, within accessory structure on the property. Minnesota; NOW', THEREFORK. BE IT RESO l VED by the City Council of Orono, FINDINGS This application <vas reviewed as Zoning File #2048. The prc,'erty is located in the LR-IA L'*f^^b. re Residential Zoning District requiring 2 .icres in area. The property c-'n.M .ts of 13.8 acres. iTie Orono Planning Commission reviewed this applicati<^n on .August 21, 1995 and recommended ot the conditional use permit as proposed based on the following findings; a\)ProperU’ consists of 13.8 acres. B)There is adequate area to satisfy thiee residential units w’hin the oversized accessory structure. Paee 1 of 6 C)On-site septic testing has been completed for the property and testing has confirmed there is adequate area and suitable soils for development of on site systems to serve the principal structure and the residential units within the oversized accessory structure. 4.The Cit>’ Council finds that granting a conditional use permit to allow the studio apartment resulting in a total of six t » rooms within the accessors' structure on the property will not be detnmental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to iKighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the propertv' will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Flan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLLSIONS. ORDER .\ND CO-NDITIONS Based upon one or more of the above findings, the Orono City Council hereby erants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit the installation ofstudio apartment within an accessory structure that already contains a three bedroom caret.iker apartment and two bedroom guest house apartment, subject to the followinc conuitions: I Until the extension of sewer has been resolved for this pro|>erty, the on-site .septic manager shall complete inspections every two months to ensure there is no failure. Applicant is advised that should the systems fail during this period of time, the City shall require the pumping of septic tanks as needed and.'or limited use or partial use of the bedrooms within the accessory struemre until structure is served by a conforming sewage disposal system. Applicants’ contr.actor to obtain a building permit for the installation of the studio apartment within the upper level of the accessory structure on the property. Pace 2 of 6 3. 4. Authorities granted by this resolution run with the propen> not with the applicant but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (September 11, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authonty granted herein, and shall be punishable as a misdemeanor. The uTKlersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, Iveby agree to the recording of this resolution in the chain of title ot the property. Adopted by the Orono City Council on this 11th day ol September. 1995. ATTEST Dorothy M. Ilallin. Cit\ Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foreeoine instrument was acknowledged betore me on this lllh day of SeDtember. 1995. bv Edward J. Callahan. Jr. and Dorothy M. Hallin. Mayor & City Clerk ot the City' of Orono. a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notary Public Pane 3 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Jav of , 199 before me a Noiar>’ Public within and for said count), personally appeared _______________^----------------------- known to me to he 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 iced. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this dav of , 199 before me a Noiarv' Public withinand for said county, personally appeared_________________^_______________ known to me to be the person(s) de.scribed in and who executed the foreeoinfi instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 6 o.. • • // . A#': ^ ,i CITY of OROiNO ,i£=oa-noN OF tHE cnr cooca. NO------—------— •• •• •rv I • _______ ,. ? ij“C “.•■•*** ^ . ,** *——“■r r'/»**’ "■^'--2 ' •"-■"• -------.-. • •••%^ «0 kf^ . -»»-0 —^ ••>* ^ m ^ * ,ZJ. -ts-rr*.--- ;:':*5,r.cr*-"sr:/ -•--............... •cu'.Mri.-^-*--' -^-.4.^ i-’rr.-^ -■ — "J “-cr/- ?<-•'•• ............-v;<ss ’2"-“• * '•-:, rr-i-= -* --••- ......................................... 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Pace 5 of 6 t-r« yJLi *a TO: FROM: DATE: Chair Peterson and Orono Planning Commission Members Ron Moorsc, Citv Administrator Jeanne A. Mabusih. Building & Zoning Administrator August 14, 1995 SUBJECT:#2048 James and Joann Jundt, 1400 Brackens Point Road • Conditional Use Permit - Public Hearing Zoning District: LR-IA Total lot area - 134- acres Pertinent Ordinance Section 10.28, Subd. 3 (A) - Conditional use permit for smdio apartment within oversized accessor}' structure. l ist of Exhibits A - .Application B - Propert}’ Owners List C - Floor Plan - Studio Apartment/Two Level Caretaker Residence D - Site Plan E - Floor Plan for Guest House Description of Request Applicant has filed a conditional use pennit to permit the installation ot a studio apartment within the upper level of the oversized accessory structure on the property. The City has approved a conditional use pennit for a guest house unit and caretaker unit within the oversized accessory structures. Since that time, the City has granted variances to allow structural repairs to the oversized structure located within substandard yard areas. The property consists of 13 acres and will satisfy area needs of three residential units within accessory structure. In recent applications allow-ii.g for the more intensified use of the accessory structure, the applicant and owners were advised of the need to cither install a contorming septic system or 10 agree to particip; •-* in the extensiim of municipal sewer to the Bracketts Point area. Staff has held* a neighborhood meeting for the Bracketts Point residents advising them of the benefits of installing sewer to their residences. Staff has already received several petitions requesting sewer e.xtension to the Bracketts Point area hopefully in early 1996. Once again, the owners ol this nroDcrtv have agieed to iastall conforming septic systems if sewer extension has not been approved by either the City or MET Council The City will include all "Ten Hot Spots" within a Comprehensive Plan Amendment. As the Bracketts Point neighborhood was the lowest on the list of ten as far as needs, the City will expect a petition of 100% of residents requesting sewer. Zoning File #2048 August 14, 1995 Page 2 Issues for Consideration 1.Applicant cannot be expected to install on-site septic sptems (main residence and accessory structure) during the construction season of 1995 if sewer extension is approved by City and project ordered in 1996. What is a reasonable deadline for installation of septic should Comprehensive Plan process fail ’95/’96? Should all use of smdio apartment or other units cease until sewer issue is resolved.> 2.Applicant should be placed on notice that additional residential units will be assessed for sewer. It is not clear as to how each ot these units will be assessed but this will be a consideration during the assessment hearings for sewer. 3.Other issues raised by Planning Commission. Staff Addendum The applicant will file an amended conditional use permit involving an earlier application dealing with repairs to the retainine wall at entrance door to a tunnel that provides access to the lower level of the green house. It appears that a tree has been removed in the 0-75 setback area and that applicant proposes removal of all earth that surrounds the tunnel for purpose of waterproofing. These land alterations will occur in the 0-75’ setback area. This was never made clear to the City in the original application infonnation submitted with the conditional use permit application. Planning Commission Recommendation To approve conditional use permit requesting a studio apartment within the oversized accessory structure that will contain a total of six bedrooms, subject to the following conditions; I Applicant to obtain a building permit to permit the installation ot the studio apartment within the upper level of the oversized accessory structure. Deadline date for on-site septic installation should sewer petition tail. Should use of accessory residential units cease until an approved sanitary disposal system is installed on property? ch r • •'•*V* ^% ' f 4 CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1420 Bracketts Point Road, Orono, Mt4__5j391 Type of Application to be Filed Condit ; Use Pemit Property Identification Number (P.I.D.) 11-117-23-32-002.0 Phene (home)APPLICANT Kraus-Andersen Construction -jQi:_-77n _____Company, Midv>>est Division ______ Phone (work)—------------- Address 8625 Rendova Street ^'lE____Uity .CtfClS. Pixiss-------- OWNER (if different than applicant) Name Jemies and Joann Jundt Plwnc (home)__j23=352A. Phone (work)_ Address 1400 Bracketts Point Road . City , Orono.Zip 55391 Date Property Acquired March 1992 _(monih/year) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application 5125.00 Residential Accessory Use 5200.00 Institutional (church, school, etc.) Tl S175.00 Guest House/Guest Apartments ^ SI50.00 Duple.x Credit/Bldg $250.00 Commercial/Indusirial Use S200.00 Land Alteration ____ Grading and filling - designated wetland or fioodplam Grading and tilling - lOl cu. yd. or more^^ Grading, seawall, retaining walls witliin 75’ of lakeshore PRD/PID - see Fee Schedule S 100.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER /VPPLICATIONS , . ^ $2(X).00 Commercial Site Plan Review (4- consultant tees) ' $250.00 Vacation $175.00 Easement Vacation ~$ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) ~ $300.00 Comprehensive Plan Amendment $100.00 Appeals Otlier - see Fee Schedule •* *•* PRESENT USE OF PROPERTY Present Zoning District______ Present Use of Property X Residential Other (specify) ‘Vt H _______ REQUIRED SUBMITTALS ' 1.X Complcicd Application Fonn. 2.Describe request in detail... r 3.Certined Property Owners List of owners wiUun 350’ (you can obuun ------- Hennepin County Department of Finance, A-603, Government Center, 348-3271). 5;3: CenincaK of Survey (signed by a licensed surveyor) - refer to handout for survey information. ... . 6.* Attach legal description to application if not included on required survey. 7.* Topographic survey (existing and proposed co -^urs) it land alterations invo v changes in elc' ation (grades). » .h*. 8 •List of the legal names (include marital satus) of all persons with an interest n the ■------- property. This would include name(s) of applicant(s) if not current ownerts). 9 8 Construction plan, if applicable (see staff for requirements). li).As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. *'I’HESE ITt>TS HAVE BEEN PREVIOUSLY SLWITED TO TltE CITY OF OROtO. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE FOR REPRODUCTION (11” -X 17" OR SMALLER) fOR AL i _ SUBMITTED. (Staff will require to scale drawings of all documents, plan.s, t submitted.) The Applicant and Property Owner must sign this application. Please remember Utat your application is not complete if the above information has not been included. Certification by Clerical Deparunent that Land Use Applicatioji is complete. Initials of Clerical Staff;____________________________------------------------------------- m appl^^^^provide all information required or requested by the ^ AdmiLtrator. agrees to pay aiWitional fees (staff time not and/or unusual expenses incurr/d in revi^ of tins application, and certifies that the mlonnatio supplied is true and correct ^the^^st^f his/her knowledge. Applicant’s signature The owL\erl*by tII;I!!vdedges and agrees to this application and further entry onto the property bv City staff, consultants, agents, commission members, and Counu members for purposes of investigation and verification of this request. DateOwner’s signamre--------------------------------------------------- Annlicant must have all submittals into the City offices 25 days before the Planning Commission j>l^."5 i««inn Mectincs are held on the third .Vlo.Tday of each month. Appliemts must be present “nieeiiiiss of iL Planning Comnussion and Council. Ifan applicani U unab'- “ please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning of this change prior to the meeting. &s»RU« 0A1C 0B/tft/9S•ATC.I 004^M)l> AOOMOltKR NAMETAXPAYER NAHE/AOOR PROP ADOR OMICR tUIIC TAXPAYER NAItE/ADDR PROP ADOR a««R NAHE TAXPAYER HAHE/AOO!: PROP ADOR OtMER NAttE TAXPAYER MAME/ADDR HtiAicpni COUNTY piiorcRrY iiironnATioii systciiPROPERTY OHNERS LIST50 ll-lir-ZS 32 OOOf01400ORACKETTS POINT ROJR JUNOT A NARY J JlffffiTJAMES R JUNOT SOX 1 CRYSTAL DAY III 55525 50 11-117-25 52 0017 01300 BRACKETTS POINT RO GEORGE S PIUSOURY ET AL GEORGE S PILISOURY 4000 riRST DANK PLACE MPLS MN 55402 50 11-117-23 33 0001 01420 ORACKETTS POINT RO J F JUNOT A iT J JUNOT JAIR'S R JUNOT BOX 1 CRYSTAL BAY Itl 55325 30 11-117-25 35 0004 01500 BRACKETTS POINT RO MARTHA S A A lACIIlAN REED MARTHA S A A LACH'.AN REED 1500 BRACKETTS POINT RO MAYZATA m 55591 REPORT NO. PI435401PAGE 1250 11-117-25 32 001001245BRACKETTS POINT ROMICHAEL E LYK«I III A WIFEMICHAEL A ^JA LYItl 111 1245 BRACKETTS POINT HAVZATA 55591 SB 11-117-25 32 001101420ORACKETTS POINT ROJ R JUNOT A H J JUNOTJAMES R JUNOTBOX 1 CRYSTAL BAY Mli 55325 30 11-117-25 52 0010 01220 BRACKETTS POINT RO ELLA P CROSBY tLLA P CROSOY 1220 BRACKETTS POINT RO MAVZATA t»J 55591 58 11-117-25 52 0019 01200 BRACKETTS POINT RO JOHN S PIUSOURY JR ET AL JOHN S PILLSBURY JR 4600 FIRST BANK PLACE MPLS m 55402 *^Li 38 11-117-25 35 0004 01450 ORACKETTS POINT RO MARTHA S A A lACHlAN REEO MARTHA S A A LACHlAN REED 1500 BRACKETTS POINT RO HAYZATA »»4 55591 50 11-117-25 S3 0005 01460 BRACKETTS POINT RO R A L HEADRICK ROGER L A LYfBI C HEADRICK 1400 ORACKETTS POINT RO HAVZATA T«I 55591 TOTAL BATCH 004 00010 I CERTITY TTIAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INTORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HETBTEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLCDGE AND OtLIEF. DATE kf-- -II J^.l 111 ••-.Jfi Hi i lii li!sss ril? Hit S'? ?,5 |5»* ’.1 M ” a; r ? iIhm In W %i 3• illHiil'nij s !l ! MiI Wi ^ 'ifj y ? ^ H< g f h* !J»*o . i.« riiiimiiir* t A i ••• • \a©iU^^ / /■1 •s 1 —1 ’’II F. . k' I ^D o V.; I ! 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HI I \ / / Ttv,) <:• — -1 ^pFA NOTES:ClI7 SEE AREA I FOR SERVICE COURT SEE AREA lA FOR NtAJN TERRAC SEE /UTEA 2 FOR POOL, TENNIS O and perennial garden SEE 30 SCALE DRAWINGS FOR areas NOT COVERED BY ENLAR OR AS NOTED ... I• - I t ' ' � , . l'·. ; . - .. ( ) ' I I , I I I :, , I I I ,-I I •III I I. I ,; ' . ,-.� ,. � . I. . . : ---· -· .. ' .I ' ' ,, I ' '... I •I I ;, "" . I .. , .. l.r ( .' : ' .. ,. t I ., '' I • '., , I ' • ' . • '----·-. ' I '.\ • I ' ' . ., 1 I ·'� :, f ·, I I p·, I : : I .� '. '• I ' . '1 i· • I , ! . , . I .. ', .. : • ..,. 1 REQUEST FOR COUNCIL ACTION 1 ^^95 DATE: September s, O ITEM NO.: ^ Department Approval: Name Michael P. GafTron Title Asst. Planning & Zoning Administraiot Administrator Reviewed:Agenda Section: Zoning Item Description: #2050 William Toles, 3165 North Shore Drive - Variance - Resolution Zoning District: LR-IB, I acre Single Family Lakeshore Residential Application: Request for hardcover and average lakeshore setback variances to construct a swimming pool on the lake side of the e.xisting residence. List of Exhibits A - Resolution B - Notice of Planning Commission Action 8/22/95 ^— Planning Commission Minutes 8/2 1 / 95 ■ / D - Memo and E.xhibits of 8/15/95 .1 Discussion Please review the memo and exhibits of August 15th. Brietly. applicant recently purchased this propertv and would like to construct a swimming pool. That pool will be approximately 115 from the shoreline, and there is no hardcover between the proposed pool and the shoreline. Hardcover on the property is divided between the 75-250’ and 250-500 zones. 9,095 s.f. (33 I'T) in the 75-250’. proposed to reduce to 8,958 or 32.6%. In the 250-5CX) zone, hardcover is proposed to remain at the existing 4.385 s.f. or 20.4%. The propertv was the subject of a variance approval in 1988 which used slightly different hardcover calculation methods. After much review, staff concluded that the previous owner probably removed a circular driveway after the 1988 approval rather than removing fabric or plastic from the rockbeds. The current overall lot hardcover square footages matches what was approved in 1988. The current proposal reduces that by approximately 137 s.f. Planninu Commission reviewed the issue of structural versus non-structural hardcov^er. noting that the^pool while being essentially at grade, is considered structure under the City s lot coverage by structures" ordinance which was adopted to address visual impact of stnicmres. An average setback variance is also required. However, due to the elevation or location of the two neighboring residences, the pool will not have any impact on neighboring views ot the lake. Request for Council Action continued page 2 of 2 September 5, 1995 Zoning File #2050 Planning Commission Recommendation Planning Commission reviewed the application at their August 21st meeting and on a vote of 6-0 recommetMled approval of the average setback variance and approval of the hardcover variance subject to: 1.Removal of plastic/fabric liner from landscape beds (1,390 s.f.) as proposed 2.Removal of at least 400 s.f. of the concrete/wood patio area at the southeast side of the house (Planning Commission requested applicant work with staff to maximize removal in this area). 3,Final hardcover therefore is not to exceed 8,958 s.f. in the 75-250’ zone or 4,385 s.f. in the 250-500’ zone. Planning Commission noted that the odd shaped lot, no visual impact on neighbors, a large non hardcover area between the house and the lake, and the compensatory removals that result m a sliehl decrease from the approved 1988 hardcover variance. Justify granting of the variances. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. Options for Action 1.Approval per attached resolution Approval with additional revised conditions 3.Conceptual denial. Other. COUNCIL ACl ION REQLT.STED: Adoption of attached resolution granting the proposed variances w ith conditions 1 w A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22. SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) HLE #2050 WHEREAS, William Toles (hereinafter "the applicant") is owner of the property located at 3165 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the propeny"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56. Subdivision 16 (L) to permit the construction of a swimmimi pool which results in hardcover in excess of the 25^ hardcover normally allowed in the 75-250’ lakeshore setback zone, and a variance to Section 10.22. Subdivision 1 to allow such swimming pool to encroach past the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, .Minnesota: 3. FCSDINGS 1.This application was reviewed as Zoning File #2050. 2.The propeny is located in the LR-IB. Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on August 21, 1995 and recommended approval of the proposed variances based upon the following findings: Page I of 7 A.The average setback line is defined by the house to the northeast which is significantly closer to the shoreline than applicant s house, and by the residence to the southwest which is significantly higher in the topography and is screened by existing vegetation from a view of the proposed pool. The proposed pool’s 15’ encroachment past the average setback line will have no impact on either neighbor’s view of the lake because the pool is low in elevation and neighboring properties are either closer to the lake or much higher. B.There is no existing hardcover in the 0-75 ’ setback zone and none is proposed. As a result of the proposed pool, hardcover in the 75-250 setback zone will increase by 1,653 s.f. However, applicant proposes removal of 1,390 s.f. of hardcover comprised of plastic or fabric lined landscape beds, and further proposes a 400 s.f. hardcover reduction by removing portions ot an existing wood and concrete patio at the southeast comer of the house. The result is a net hardcover reduction of approximately 137 s.f. in the 75-250’ zone. Hardcover in the 250-500 ’ zone is proposed to remain at the existing 4,385 s.f. or 20A%. C.Overall hardcover on the property is at the square footage approved for this property in a prior variance approval in 1988. The net decrease in the 75-250’ zone from 9,095 s.f. (33.1%) to 8,958 s.f (32.6%) is a positive improvement. Additional reductions in the concrete and woc^ patio area may be feasible to result in an even greater reduction in hardcover. D.The property will have no hardcover within 115 ’ of the lake, which is in keeping with the City’s environmental policies. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare >f the community. The City Council finds that the conditions existing on this property' are peculiar to it and do not apply generally to other property in this zoning district; that Pace 2 of 7 gnintins the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property: would not merely serv'c as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preseive a substantial property- right of the applicant: and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER .\ND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the constmetion of a swimming pool resulting in hardcover excesses in the 75-250 ’ setback zone, and grants a variance to Section 10.22, Subdivision 1 to allow a 15 encroachment of the avera2e lakeshore setback by said pool where no encroachment is normally allowed, subject to the following conditions; I Hardcover on the property shall be limited toO/J (0 s.f.) in the 0-75 zone, 8.958 s.f. 02.6%) in the 75-250 ’ zone: and 4.385 s.f. (20.4%) in the 250-500 ’ zone per the diaerani and hardcover listing attached as Exhibit B. Prior to the initial inspection for the pool, applicant shall remove the plastic or fabric liner from all landscape beds (1,390 s.f.) and shall remove and convert to non-hardcover at least 400 s.f. of the concrete and wood patio area at the southeast side of the house. Funher. applicant shall work with the City staff to maximize removal in the area of the concrete and wood patio in e.xcess of the 400 s.f. if possible. Applicant is further advised that future additions of hardcover on the property will likely not be approved, but might be approved only in conjunction with the concurrent removal of existing hardcover, resulting in no net hardcover increase or a hardcover decrease. Further, applicant is advised that future replacement of plastic or fabric liners in landscape beds on the property shall be considered a violation of this approval resolution. 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will e.xpire on that date (September 11, 1996). Paee 3 of 7 3.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. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording ot this resolution in the chain of title ot the property. Adopted by the Orono City Council on this llih day of September, 1995 ATTEST: 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 11th day of September. 1995, by Edward J. Callahan. Jr. &. Dorothy M. Hallin. Mayor & City Clerk of the City of Orono. a Minnesota municipal coq)oration and said instrument was e.xecuted on behalf of the City. Notary Public Page 4 of 7 ,!* • STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this dav of , 199 ___, before me a Notary Public within and for said County, personally appeared________________^^---------------------------- known to me to be the persoms) descnbed in and who executed the foregoing instrument, and acknowledeed that he (.they) executed the same as his (then) tree act and deed. Notarv Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On ihis__________ day of______________________.• 199 ___. before me a Noiary Public within and for said Count\'. personally appeared ---------------------------------^^------------------ known to me to be the person(s) descnbed m and who executed the toregoing instrument, and acknowledge'' that he (they) e.xecuted the same as his itheir) free act and deed. Notarv Public Page 5 of 7 CITY OF ORONO P.O. Box 66 Crj’Stal Bay, MN 55323 473-7357 TO: William Toles 3165 North Shore Drive Wayzaia. MN 55391 ZONING FILE #2050 NOTICE OF PLANNING COMMISSION action date OF NOTICE: 8/22/95 COPIES TO: type of APPLICATION:Variance DATE OF MEETING: 8/21/95 VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1.Approval of average setback variance. ^Approval of hardcover variance subject to: ^ .qh c f ^ nmnnsed -Ren-'"d of pl.vstic/fabnc liner from landscape beds (1,j90 s.t.) as proposed. Rcnioval of at least 400 s.f. of concrete/wood patio area at southeast side ot house (work with staff to ma.ximize removal in this area). -Final hardcover not to exceed 8,958 s.f, in 75-250’ zone and 4,385 s.t. in 250-500’ zone. Hardshios/iushfications include odd-shaped lot. large non-hardcover area .-nmnensaiorv removalsresult in slight decrease from 1988 approved hardcoverand lake, compensatory square footage. Annlicant’s ne.xt scheduled meeting is confirmed as: » t nn Cit>- Council Monday, September 11, 1995. meetmg starts at 7:00 p.m. If vou desire certified copies of the official Planning Cotnmisston minutes, they are available f on^the City Recorder after review and approval by the Plannrng Commission. // To: From: Date: r'hair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron. Assistant Planning & Zoning Administrator August 15, 1995 Subject:#2050 William Toles, 3165 North Shore Drive - Variance - Public Hearing Zoning District: LR-IB, One Acre Single Family Lakeshore Residential Application: Request for hardcover and average lakeshore setback variances to construct a swimming pool on the lake side of the existing residence. Pertinent Code Sections 1.Section 10.22. Subd. 2/Section 10.56. Subd. 16 (L): Hardcover limitations. 2.Section 10.22. Subd. 1: Average lakeshore setback. List of Exhibits A B C D E F G H I J Summary Application Plat Map Property Owners' List Survey Hardcover Calculations Submitted by Applicant’s Surveyor Resolution No. 2504 (September, 1988) 1988 "Existing" Survey 1988 Staff Hardcover Review 1988 Hardcover Document Excerpts Average Setback Sketch Applicant purchased this propeny in July and is requesting a 15’ average lakeshore setback variance and 75-250’ hardcover variance to construct a pool lakeward of the existing residence. At its closest point, the pool and its decking will be 115’ from the shoreline. Applicant proposes to remove a portion of an existing concrete and wood patio as well as significant amounts of currently existing rockbeds underlain by fabric or plastic. He propo.ses a net decrease in hardcover in the 75-250’ zone from 33.Hr down to 32.6% (by staff calculation, including shared ea.sement for comparison purposes). Discussion This property was the subject of a similar hardcover variance in 1988 to allow construction of additional garage space at the north end of the house. That project was approved subject to removal of 400 s.t. of rock and plastic. Zoning File #2050 August 15, 1995 Page 2 Review of the current hardcover numbers and comparison with the 1988 numbers was difficult because two different surveyors did the calculations, each using slightly different base lot areas for each zone, and the current submitted numbers did not include hardcover or lot area within the easement along the north boundary (which is consistent with current City policy). However, I have adjusted the numbers accordingly and can confirm the following: •There continues to be no hardcover in the 0-75 ’ zone. •Hardcover in the 75-250 ’ - ne currently is above the 1988 allowed square footage bv approximately 1,245 s.' However, hardcover in the 250-500’ zone is less than the 1988 approval by approximately 1,255 s.f., yielding a net overall decrease ot 10 s.f. from that approved in 1988. •The 1995 proposal leaves no hardcover in the 0-75 ’ zone, reduces current hardcover in the 75-250 ’ zone approximately 137 s.f.. from 33.1^ to 32.6%; and proposes no changes in the 250-500’ zone from the existing 20.4% hardcover. Comparing the old and new surveys, it appears that the former owners ieduced the amount of blacktop taken up in driveway areas and perhaps added rock and plastic/labnc areas. The abilitv to accuratelv compare the old and new hardcover data is lurther limited due to the variable accuracv in measuring odd-shaped hard surfaces as well as counting the ov^erhang in 1988 vs. not counting it in 1995 but counting the rockbeds under it. l urther. the 250 setback line is depicted in a different location between the old and new surveys, hence that is an additional confuser. To help clarify. 1 have included a comparison of the 1988 and 1995 "entire lot" hardcover (below). Ultimately, Planning Commission needs to consider the addition ot the pool in the context of what exists todav. Is removal of the areas of rock and plastic, as well as a portion ot concrete patio, sufficient to allow granting o^.hardcover variance for the pool? Average Setback The average setback line is defined bv the house to the nonheast which is significantly closer to the shordine than the applicant's house, and the Morrie Wagener residence uphill W the west It is staffs opinion that while technically there is an encroachment perhaps 15 lakeward of the average setback line, because the pool is low and neighboring properties are either closer to the lake or much higher, there is no impact on any neighbors view of the lake. Hardcover Comparison, 1988/1995 The following hardcover tables refiect staffs best attempt at providing a fair comparison between wliat existed prior to 1988, what was approved in 1988, what exists in 1995, and what is proposed. Zoning File #2050 August 15, 1995 Page 3 Hardcover Comparison 1988/1995 0-75’75-250’250-500’ Pre-1988‘0 s.f.0%7,748 s.f.29.2%5.742 s.f.24.5% 1988 Approved’0 s.f.0%7,850 s.f.29.5%5,640 s.f.24.1% Existing 1995 ’0 s.f.0%9.095 s.f.33.1%4,385 s.f.20.4% Proposed 1995 ’0 s.f.0%8,958 s.f.32.6%4.385 s.f.20.4% ‘ Base areas used for percentage calculation. 1988: 0-75’ 75-250’ 250-500- Total 12.375 s.f. 26,533 s.f. 23.400 s.f. 62,308 s.f. -Base areas used for percentage calculation. 1995 (includes area and hardcover within shared driveway easement): 0-75’12.164 s.f. 75-250’27,454 s.f. 250-500’21.468 s.f. Total 61.086 s.f. iver .as a nercentaee of entire lot: Pre-1988 13.490/62.308 =21.7% 1988 Approved 13.49062.308 =21.7% Existing 1995 13.480/61.086 =22.1% Proposed 1995 13.343/61.086 =21.8% ‘Structural’ vs. ‘Non-StructuraP Hardcover An additional hardcover issue is that of structural vs. non-strucmral hardcover. The Orono Zoninu Code does not currently distinguish a difference between structural and non- strucmral hardcover Hardcover policies have not been formally written down, although Council has very recently directed staff to attempt to do so. in an attempt to formalize the long-standing policy of avoiding 'trading' non-stractural for strucmral hardcover. From a zoning standpoint, the City has treated tennis courts and pools as accessory structures requiring a permit, but has not considered ground level driveways, sidewalks or landscape beds as strucmres. Further, in the context of "lot coverage by strucmres', pools includine the pool basin nd associated deck or patio areas, even when not enclosed by a tence, have been included in the calculation of lot coverage (Zoning Code Section 10.03, Subd. 14 C). Zoning File #2050 August 15, 1995 Page 4 Based on the above, the 20’ x 35’ pool plus the 6’ patio around it is considered__as structural hardrij^vpr proposed to be offset by removals of non-structural hardcover (rockbeds with plastic or fabric and a concrete patio area not associated with the pool, which may or may not be considered structural hardcover). Structural Mon-Strucmral Total, 1995 Existing: 0-75’ 75-250’ 250-500’ 0 s.f. 4,350 s.f. 315 s.f. 4.665 s.f. 0 s.f. 4,745 S.f. 4.070 s.f. 8,815 S.f. 0 s.f. 9,095 s.f. 4.385 s.f. 13,480 s.f. 1995 Proposed; 0-75’ 75-250’ 250-500’ 0 s.f. 6,003 s.f. 315 s.f. 6,318 s.f. 0 s.f. 2,955 s.f. 4.070 s.f. 7,025 s.f. 0 s.f. 8.958 s.f. 4.385 s.f. 13,343 s.f. Issues for Consideration Do the proposed hardcover removals (1.390 s.f. of landscape areas and 400 s.f. of concrete and wood patio) compensate for the new hardcover associated with the pool? Are there additional items of structural or non-structural hardcover in the 75-250’ or 250-500' zones that could be removed? Does the fact that there will be no hardcover within 115 ’ of the lake suggest a unique justification for the variance? ^ Does the overall proposed hardcover of jult under 22% for the entire property, compared to the DNR’s standard of 25%, enter into the picture? Staff Recommendation Planninc Commission should review the findings of the previous resolution as well as the applicant's hardship statement in the application form. Any motion to recommend approval should address the average setback variance as well as the hardcover issues, detailmg your findings of hardship and specifying any hardcover removals that should be required. Isv ^ r L T t:5 fV t * * ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 (S50.00 per each additional variance) Renewal Variance Fee SIOO.OO (no change from original applicarion) Variance for non-conforming structures SIOO.OO After-the-Fact Fees (Double application fee) PROPERTi^ INFORMATION ^ Site Address 3/C^ Property Identification Number (P.I.D.). ^7 .*• i f--V -r----:;:n -“iTTk.•—* « w • \ ‘k*r*v A^ch\.rd«cnpuo,; to .pplicauon if nc. mclud^qu.red survey. Date Prnnerrv Acquired JLc/ k __----------4z_^— (month/year) I /'Hn^/donot^also own the adjacent parcels ot land Present use of property: y' residential -----other (speci ,) Zoning District:----------------------------------------------------- OMIVER (if different than applicant) Name ----------------- Phonahome) Phone (work)_ Address:Cit\':Zip: DpsCKlFTION OF REQUEST )r';Crbe request in detail: ____ Estiinated ConsuuoionCost S ^attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___^ Lot Coverage Setback;Front /<^ Hardcover _ Side Average Lakeshore Other (specifv') ”'D^cn”fundlu*h^S prevt-ming compliance with Zoning Code requirements:------------------------~ 4>. k. / (attach additional sheets if necessary) ^ required submittals ^n ntth, fnllo»in. infonriMlon mu« h> ...hmitted by tht Mglitption deadline; daH latrdg for vour application to be considered complcLtl 3 X Plat Map (obtained with propcrr>' owners list). , . , , ^ , 1: ± CcnmcL of Survey (s.gned by a licenced surveyor) and uKlude hardcove calculations as required. In addition, provide one (1) copy x Topographic survey (existing and proposed elevations) if any changes in existing grade are propped. In addition, provide one (1) copy S-/." x 11 "tor repr^uct.on- 6 -Sketches or plans of floor & elevation views (provide Ouc 11> copy S.'i x 11 ). 1 T’ List of the legal names (include marital status) of all persons with an interest in the ■““ propem-. This would include name(s) of applicant(s) if not current owner(s). 8.As an addendum to this application, please attach a separate list ot any ot er persons you wish notified of this application. 9.Additional items as may be requested by City staff. members for purposes of investigation and verification of this request. Owner’s Signaturj^^^iri-^__Date :771A/ Ze /9.9^ Applicant must have all submittals into the City offices 25 days before the Planning ^ormnission Meeting Planning Commission Meetings are held on the third Monday of each mon ^ \DDliciits must be present at aU scheduled review meetings of the Planning Commission and Council. If an applicant is unable to anend a scheduled meeting, please make arrangement to have an authorized agent attend in your place and to advise the Building «Sc Zoning Ottice of this cluingc prior to the meeting. 8 L Property Owners List for Application #2050 -M7-23 32 0018 en Washbcrg 35 North Shore Drive ayzata, MN 55391 -117-23 33 Uliam Tolcs 65 North Shore Drive avzata, MN 55391 >-117-23 33 0015 hn Lindahl 06 Bohns Point Road avzata. MN 55391 09-117-23 33 0013 James & Martha Swendenborg 3145 North Shore Drive Wayzaia. MN 55391 09-117-23 33 0009 Michael & Catherine Russin 3175 North Shore Drive Wavzata. MN 55391 09-117-23 33 0003 Maurice Wagener 1420 Bohns Point Road Wavzata. MN 55391 I09-117-23 33 Ronald Lauer 3155 North Shore Drive Wavzata. MN 55391 09-117-23 33 0016 Thomas & Susan Enlow 3185 North Shore Drive Wavzata. MN 55391 09-117-23 33 0004 Chloc Held Moran 1480 Bohns Point Road Wavzata. MN 55391 fl'\ <>-,.., ; .r " • •.. "' i _. .. • • w Q "' VI • • • I • i. ,,.... J .. 1 <;0.05 00 0 0 �gi• ; O!I u • =:0 \ to t• t ! l , ••• IJr.t:au ,�r: � . .. II, .• 'I i V\ w I .. ---- 0 .. t • • II\ f'v Q) *« « • I « 4 WtUllAi HARDCO^ SETBACK 20N*E: (CIRCLE ONE) V ^ — .CUL a IiUN VVOl<lw*Jrlt,|i,j 75-250*25-500* 7-Z J*'- 500-1000* EXTSTT^ff RARDCOvrw A.House UeftH WWJi S.F X X X B.Garage ^S.F. S.F. S F. C* Dr;ve\vav ________S.F X X D.SidcwaJk S.F S.F, X X *•• * fi- Paiia/Deck S.F. S F. X k F.Landsczpc Underlain By Pfaitic Or Ftbnc S.F. S F. X X X S.F S.F S.F. G.Other «-• . «», v«•. total hardcover in zone total property area in zone ^ ^B fl. /€<. t X 100 S.F S.F. ^ S.F PR_OPOSEP HARDCOVXP 7n;^.Tr-- A.House % Lcn|;ft Width X X X S.F. S.F. S.F 0.Garage S.F. C.Driveway X X S.F. S.F. D.Sidewalk X X S F S F E.Paiio/Deck X X S.F S F F.Landscape Underlain By Plastic Or Fabric X• • X S F S.F. S.P. G.Ouher S.F TOTAL hardcover IN ZONE TOTAL PROPERTY AREA IN ZONE A B B X 100 • S.F. S.P. % A 0 •1 1 7^ *SETBACK ZONT: (CIRCLE ONE) ILApU^ O5-250V VOKlwMll:^:. t 25-500* A.House WU!:!i Lb«|* _____________- yra*jf ^ ---------------- X X X B.Canse C.Dnveway D.Sidewalk . % • E.Patio/Dsck ** - Xrf/^f ------------ X X X F.Lardscspe Underlain By Plastic Or Fasnc ZOcyC o«o pu^ST/CL - X ^"TO/3ir~e «-OCJC cy/*uS - G.Other *^ .» .. » . •• ^ m .•••••• ■*•• TOTAL HARDCOVER IN ZONE . TOTAL PROPERTY AREA IN 20J.E ^ soo.iooo* S.F 4Z5 JJUSl— S.F. S F. J »a S.F. 9SS S F. S r S.F. S F. S.F. /Joe SF S F// 7 / 390 S.F. S.F. 2J___s.P. 4*^S.F F945 s F »2^9____r. s it :i J 1/ ■')! t ■ROPOS A.House WU;h X X X B.Gafage C.Driveway D.Sidewalk X X X X c/3t .M J* ct /^a ^ r9^ * Ao't/yt; F.“ Landscape Underlain By Plastic _ Or Fibric X X X O, Other r^x>d . ✓*{£fr£ total hardcover w zone ,ty area in zone E.pa.,./D«k /j>fSi£±jeoC*^-------- TOTAL PROPEfT^ -------------g ?.f f(t X 100 - S F. S.F. S.F. S.F S F S.F. S F. fl ’ I -r" > iT I « f , ! ‘^HAKDC^R^iS.CULA I'lON 'vV01Uw>tiii« SETBACK ZOP^; (CIRCLE ONE) . 0-7S'75-250'^-500y SOO-lOQO' EXISTING harpcqve ;r in zone A. Kouce . . . - -« ••••••••l«k^* ^/C>r - /tofk._ B.Cinje L£f!ft!l WidUl X X % /#. 2. C.Dfivevrfay /40i> ^ ^X X D.Sidiwalk X X E.Patio/Deck X X F.Landscape f(£LLiL£L Uoderlaia _______ By Plastic . Or Fabric X X X G.OLher T>-w<^ //O ■■ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -^]S9 = A ZAAS_+• B /Tv //a X 100 - PROPOSED hardcover IN ZONE A. House ______________ L«ngdi Widih X X X B.Cange C.Driveway X X • * • D.Sidewalk X X E.Paiio/Dcck X X .•. ... • F.Landscape Underlain By Plastic Or Fabric X X X G.Other -X total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 •« •« 4 S.F, .S •S.F. _ X.' S.F. , S.F. 3/5 S.F. S.F. S.F, .S.F. S F. • • .-S.F. S F 2 2.0 S.F. S.F. S.F. S F. Z^4S S.F. / 7. 7/<?S F. r. • *4 S f. S.F. S.F. S F ft S.F. S.F. S.F. • S F. S.F. S.F. _ S.F. S.F. S.F. S.F. i , S.P. <S.F. S.F. % • • .^ E r 1 W k ■ CITY II IIqrqnc^ City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2504_________ A RESOLUTION GRANTING A VARIANCE TO municipal zoning code SECTION 10.22, SUBDIVISION 2 FILE #1312 WHEREAS William J. Lauer (hereinafter "the applicant-) is the owner of the Froperty located at 3165 “=“1 f Orono (hereinafter "City") and legally described as .ollows. See Exhibit A, attached (hereinafter "the property ); and WHEREAS, the applicant has applied to the City for a variance to HuniclFal zoning exVstlfg'r^ fnS?:asr'oT50=/e^?{ n\w = 250' setback area where 7,748 s.f. or oc adxut-w i- already and where only 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #1312. 2 The tropertv is located in the LR-IB Single Family Residential Zoning District requiring a minimum of one acre or s.f. The subject property consists of 1.43 acres or 62,308 s.f. 7 'T’he Orono Planning Commission reviewed this application on August 1*5, 1^988 and recommended approval of the proposed variance as amended based upon the following findings: A)There is no hardcover within the 0-75' setback area. B)The existing house is located 175' from the defined lakeshor at the 929.4 elevation. C)There are no excesses in hardcover within the 250-500' setback area, 4 The City Council has considered this application including the and recommendations of the Planning Commission, reports y comments by the aFFlicent and the effect of the FroFOsed variance on the health, safety and welfare of the community. Page 1 of 4 1 CITY City of OROiNO RESOLUTION OF THE CITY COUNCIL i OF ^RQNa NO.2504 •t *-he conditions existing on this 5. The City Council A „ot accly generally to other property are peculiar granting the variance would not property in this zoning dis-_r^iiaht air nor pose a fire hazard Idversely affecr net Lrely serve as a or other danger to neighboring pr p to alleviate a demon convenience to the epplicanw, necessary to preserve a substantial strable hardship or difficulty; is e in keeping with the l^rfr^rlntent of th“l"ccning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS ^ i-ho findinas noted above, the Orono Based upon one or more ^*^®^^^viun'?ipal Zoning Code Section City Council hereby grants a ^T^ction^ of^a major addition to the 10.22, Subdivision 2 to increase of 502 s.f. or 1.89% of newexisting residence 1 ting in an mc^ 7^748 s.f. or structural hardcover 25% is allowed, subject to the following29.2% already exists and only 25% is aiio conditions: 1.Prior to the issuance ^^st^e® co^; l^’e^^eTpe^'^'k^^ surv?y “brtruce“l"‘^Gr!vnTof Egan. Field s Nowah, Inc, Surveyors dated revised September 1, 1988; ^Lstifiandsla/in'g^^-ahre'd^to Uut\“wes\-^=or1er”ff ?he existing residence. B)Within the 250-500’ setback area: 120 s.f. of a steel shed. *-aA ^i*-h this ’■esolution run with the property not 2. Authorities ceLislive only and must be exercised by with the ^FPr ■."'jr no ce^ini’- within one vear of the date of l^unc“ap?rovIL"or this variance -11 expire on that date (September 28,1989). 3.Violation of or “rl“onst?tut7a^'io^^^i^"^^^^ the conditions of t^hYiCesOoU^ti^ally „,„inate any authority granted hettin, ttd 4hall be punishable as a misdemeanor. ^ arrlicant has read, understood and hereby agrees4. The undersigned applicant behalf of himself, his heirs, PC the terma hereby agrees to the recording of this |“s'orut "n irthe^ctaL of title of the property. Page 2 of 4 CITf I 1^FtdNC^ City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2504 1988. ATTE 5T: Adopted by the Orono City Council on this 28th day of September, ^ Clerk ___ Property Owner/^s) Jamefe R. Grabe5c» Mayor d^tif h‘ "7/^ J cL6-jy_ Page 3 of 4 I-«% 0\ Resolution #__g.'"5QA (• •••*. ^ • That oart ol Government Lot I. Section 9. Townsnip 117. rh“tul^^v,!"ne7,"srir^o::;;^ne^rL^vrta"v,ro^r^^^^^^^^ resSu!r,“\\Vsa^7Jo ”;?m::.^uTa"V,^^^^^^^^^^^^ Srnnnh 3 Judicial Landpark set oursuant to Torrens Case No 11475: thence South parallel with the west line of said Government Lot a ^'5- ^nr^ nf 10’ 5 feet* thence East parallel with the South line of said oSVir rdistance of 211 0 feet, more or less, to the shore of Uke Minnetonka to the actual point of Oeoinning of the 's"". o !riPeo" thence West along the last described ee em 01 fool c^i^t of the West line of said Government Lot and 9^8.3 feet worth of he sou h i?ne of said Government Lot; thence Worth a distance of Vo2 5 feet to the North line ol the South 1160. S feet of Government fot fhence west on the North line ol the South 1160.8 feet of sa d Lot: distance of 197. 93 feet ( or to a point 245. 0 feet East Wpst line of said Government Lot I: thence South parallel with ?he West'line of saio Government Lot a distance of I75 feet; thence f^I/Atprlv deflectino to the left 78 degrees 00 minutes, a distance M'ilO feet mire or less^ to the shore of Lake Minnetonka: thence NcrthelsteViy along the shore of said Lake a distance of 180 feet, more or less,, to the point of beginning. CITY OF QRONOI City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2AnJl_________ STATE OP Mi:iNESOTA ) ) COUNTY OF HENNEPIN ) On this ) ss. beforVme a Notary Public wf^in^n/ToTsaid county, peFsonally foregoing instrument, and acknowledged w*Y ____________ e 3ct and deed. Imc RESA L. N aabinsns------_ MtNNtSOTA 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) SS . COUNTY OF HENNEPIN ) on this _________day of ______________________198_, before me a Notary Public witi^n and for said County, personally appeareda Notary ru known to me to be the person!s) described in and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as hxs (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 I c o JCc 2 .lilies'OV^ a^ >|j0tijpuei |C»3/p*^n-' u 0)m o •4 o • H y }j *11 \ a N 9 ^• A.P-c.D.r. -•hore ?ck Let ^rea In 2one rxlstinT Hardcover in ron«? Existing Hardcover Percentage (B/A)xlOO Final Propoaed Hardcover In rone Hardcover Percentage (D/A)*100 T. Allowd Hardcover Percentage 4>• «m •'c sf sf e.^ %rt w sf sf *'^ af .30* sf r: rf y '%sf -300* 1 sf -1000*9 ^ . .__ _ _ _ _ ^ A' ^ •<-\"7S ’'• •>i 0 ^ e •»-1 %25 %30 % %,35 % • f • -?COVER LIMITATIONS hardcover INCLCDES: _ structures vith roofe -Decks, even if slatted -Sidewalks -Driveways (paved er 9-*^® .reas underlain by . Decor.tlv« l.na.c.pln? .re.. plastic sheeting w»iia ■rnroVh ”^«f.=e‘'*t “.’t loe. not .11c- dlmct ' ,b«rptlon of r.int.ll into the qroond OTHER LAVr^THOWR Rggm.ATIC2iS -tP-lC* A» •LR-lC-1* Orm b«lWlnc» O"O, .hotellne thnr- ^ , t.k..horc n.rP co..r Ke^ol.tlon..p,ra.n.nt etreetor-n. Subd. 2c filling, hard cover, ^••**^'*than 25% hard cov/r. .h.ll CC "• "r,'Vol t;, .norllln. th.r. c«»‘ *T “/^“Vr.itcr th.n J0» nn.- Within T5 to 25 ahorallne thara ahal *^greater than «Vi“- VfS .*" *■““*. . e„,.,.tioe.. no tree. -Itnin 7, feet of tb. .h»-* ning File #1312 _____ ^ 'titional CoMents and Planning coamlasion Peco^endation rteaber 22» 1988 '7e 3 of 3 *'ditional Eschlbit Exhibit I - Amended Purvey The Planning Commission advised the applicant •Tuld not be presented for Council action until a ..e i ^ -vbmitted showing all improvements on the property.i no -v’bmitted to the City showing all improvements. In addition, the existi g '-•'dcover to be removed has also been designated on the survey. The Planning Commission acceptedlOptlonfB. noted f r-conmendation, calling for a removal of 1.8» of hardcover within the /5 5?0* setback areas. The amended hardcover .facts .are as tollows. *s 75-250* Setback Area = 26,533 ' Allowed Hardcover = 6,633 s.f. or 25% Existing Hardcover « 7,748 s.f. or 29.2% Original Proposed Hardcover = 8,250 s.f.^ * Amended Proposed Hardcover * 7,85C s.f. or 29.5% Total Reduction = 400 s.f. or 1.5% , 250-500’ Setback Area = 23,400 s.f. Allowed Hardcover = 7,020 s.f. or 30% Existing Hardcover = 5,742 s.f. or 24.5% Amended Proposed Hardcover » 5,640 s.f. or 24.1% Total Reduction - 120 s.f. or .4% Tota1 Reduction within the 75-500* Setback Area^400 s.f. or 1.5% 120 s.f. or .4^ -Total 1.9» Required by Planning Commisssion 1.89« The enclosed resolution has been drafted per the Planning Commission vcommLdatlon that would allow the 75 “-5o'o* attback rrlicant removing 1.89% of existing hardcover within the 75 5uu r^as. €*raf« *.'*■SSiiSM IIARDCOVrR CM.Cn.AT10N KjrKMH irT rktWMileUeUM.it.,}. 7J-750* 25^Ic#^ tec-KSO* *■ n •idm s 7Z.- tc -f •.t. ‘l^T 1^-'..f. •.f . t.f . •.f. •r««t «n<S#rl«|n _____ ,^ fUt*lr ~~ •____n .1^ i.f. t.f. ».f. t .f . •r. K'irmir «> .V m if'Wfhlt tMlittWQ BXtOCfJVn tw ton * 7'-v _ •.f, — •f. « ••t. Ill ••rw -.1 »( . f HUMn *l± - *«» -* racc^^ m talk# flllllrn.1 M.idrorer to t-e tda,s i. --------lt£!-------- Unetk ,.1^,^ •▼ 1 Is:r- , . -//Yfr:m ixyrtL .t'A'J/f; m r^ra • totai f.f, Yo it hoorD 2.* t- r.I.llr, r.r.r...e, »« b.If tty I --------ll£2-------- U-Hk ■ r * -------------------..-I-----« rvi JLL i ----«• ——■ ---------- — _ m • . T^L f.r. To M rr«r\TD 1 1 •.f. i.f. i.f. i.f. til i.f. i.f. t.f. t.f. tJI i Mine in . LUe |JJ ,,,j ^ I * *7 .J j r»«*»ln9 571i~Mde«- ‘‘«> rtcrei.d B.tdccver % . U-".^■100 • SIT^ ,.f.^r-A -A_ ZO\ ZO\3 Cf S.^,OS «n O' fVl ? V•^ •'^4 t A t ' fll i . *• %»- T v-e*^ " • - i •'* ‘fAC,-.J1 >. . . I >1. •*' ■ .w» ••Vi IJ •*. ,.<< : r -. ' -^t T« VU fit •;■'f 2 C f % %// REQUEST FOR COL^CIL ACTION f.*4“C DATE: Septembef Cd9l95 ;o.: ^ITEM NO Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2051 Mike Hilbelink, 2760 Watenown Road - Preliminar> Subdivision - Resolution Zoning District: RR-IB. Single Family Rural Residential Total area = 10.43 acres 9.56 acres e.xclusive of road rights-of way of Watenown Road and Old Cr>stal Bay Rod 8.97 acres exclusive of road outlet Brief Review of Application Applicant proposes a four lot subdivision with access provided to Lots 1, 2 and 3 via a road outlet with cul-de-sac entering at Old Cry stal Bay Road and Lot 4 shall continue to use an existine curb cut that originally served the homestead at Watenown Road, All lots meet the required lot area of dry contiguous lands and the required lot width to the rear o( the 50' street setback. Lots 3 and 4 contain a Type 1 wetland that is not a designated wetland of the City nor DNR. The City will require covenants to be tiled in the Chain of Title of both propenies alening future propeny owners of their location and need to comply with both F*ederal and State regulations if land alterations are proposed prior to submitting an application before the City of Orono. The Type 1 wetland is not deducted from the dr>’ buildable area of the lots. All four lots have approved principal and alternate septic site> proposing mound designs located on slopes less than 6^. Drainage from higher elevations to the north shall be directed along the shared lot lines of Lots 2 and 3 to a retention uca seated within Lots 3 and 4. Drainage shall be treated befoie entering the Type 1 wetland '‘’-n Lots 3 and 4. The City shall take drainage easements over retention area and connecting culven or drainageway to Type I wetland. The access plan was approved by the Planning Commission at the sketch plan review at their July meeting. Review Exhibit F. staff has sketched a private road along the east lot line. Lots i-4 of the Peterman Addition become through lots along with three of the lots within the current subdivision. During the review of the Peterman Additi" \ access to the Rosch property was discussed but the City decided that access for this propeny must be developed within Uie subject propeny and that extension roads were not sought of the developer. The Planning Commission noted the following unique findings and hardships in granting approval of the variance to the subdivision regulations that would have required access to all four lots via a private road: Request for CouiKil Action continued page 2 of 2 September 5, 1995 Zoning File #2051 Mixe Hilbdink, 2760 Watertown Road 1.The access plan as proposed has not been contrived to meet lot area needs as there is adequate area to support a road outlet along the east lot line. Lot 4 would now be surrounded by roadway on all three sides 3. 4. The subdivision as proposed will not create through lots. The proposed access plan will not result in the loss of the only extensive wooded area at the southeast comer of the propeny. 5.If the roadway w as installed along the east lot line, it would involve more intenseIt me roaaway was instanea aiong me east loi nnc, u wouiu invuivc more imcusc excavations because of the steeper elevations as one moves north along the east lot line. John Gerhardson has confirmed that the Park Commission will ask for a park dedication fee in lieu ^>f land dedication and the Park Commission added that the area of the bike trail easement be deducted from the S7c land dedication. Note discrepancy in easement description for bike trail as shown in Exhibits G and N. Gerhardson has confirmed that the description shown on the preliminary plan. Exhibit G, is correct. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the four lot subdivision as proposed, subject to the conditions set forth in the enclosed staff memo dated August 16. 1995. Page 4. The resolution also includes the approval of the variance to Section 11.33, Subdivision 4 of the Subdivision Regulations which would have required a private road outlot to serve all four lots based on the unique findings and hardships noted above. COUNCIL ACTION REQUESTED: To deny, approve or amend the enclosed approval resolution Isv TO: FROM: I. Chair Peterson and Orono Planning Comm’ssion Members Ron Moorsc, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator DATE:August 16. 1995 SUBJECT:#2051 Mike Hilbelink, 2760 Watertown Road - Preliminarv ’ Subdivision • Public Hearing Application - Subdivision of four lots within 2 acre rural residential zone involving a road outloi. Zoning District: RR-IB. Single Family Rural Residential Total area = 10.43 acres 9.36 acres exclusive of road rights-of-way ot Watertown Road and Old Crystal Bay Road 8.97 acres exclusive of road outlot Pertinent Ordinances: Chapter 11 - Specific sections dealing with Class 111 subdivision. Section 10.28, Subd. 5 (B) - RR-IB lot standards. Review Exhibit G. preliminarv' plat. All lots meet the required lot width to the rear ot the 50’ street setback and 2 acres dty contiguous area requirement. List of Exhibits A - .Application B - Plat Map C - Property Owners List D - Applicant ’s .Addendum E - Aerial Map F - Sketch of Alternate Access Plan G - Preliminary Plan HI-4 - .Arlig Environmental Inc. - Wetland Delineation Report 1 - Weekman Repon Jl-4 - .Septic Diagrams K - Co('k Report 1/26/87 L - Peterman .Additicp - Drainage Sketch M - Gustafson Report 8/8/95 N - Drainage/Grading Plan Zoning File #2051 August 16, 1995 Page 2 Description of Application The propo‘^.‘d four lot subdivision was reviewed as a sketch plan at the July meeting of the Planninn Commission. At the sketch plan review the access plan tor the division was approve allc’viag for three lots to be served by the private road and Lot 4 containing the original homc-tead. to continue to be served at Watertown Road curb cut. Review h.xhibits D and F. Hilbelink's addendum notes the impact upon the property if road was to be placed along the east 'ot line rejulting in the loss of an extensive wooded area at the southeast comer ot property and major impact of cutting a road into steeper elevations as one moves north along cast lot line^ Review Exhibit F. staff has sketched a private road along the east line. Lots 1 through 4 of the Peterman Addition become throueh lots along with three of the lots within this subdivision. A through lot would require all property owners to obtain conditional use f^miits tor ‘^onstmction of anv accessory structure on property. Lot 4 would now be surrounded by roadway on all three sides’ The design of the access plan has not been contrived to meet lot area needs as there is adequate are*, to support a road outlot along the east lot line. Lot Configurations As already noied above, all lots meet the lot statK'. t. ' RR-IB zoning district. Review Exhibits U and N, Type 1 wetland has been locateu ‘ 4 and a small portion ot Lot 3. The Citv will require a covenant to be filed in the chain o 'e of both properties alening future propeny owners of their presence and need to comply v.m boih federal and smte regubtions. Type 1 wetland consisting of Hamel and Glence^ soils is not a designated wetland of the Qty of Gfono It is not a protected wetland of the DNR nor is it recorded as a potential wutland within the National Wetland Inventory Survey. The area ot this Type 1 wetland is not deducted from the dr>’ buildable area of Lots 3 and 4. Septic Review Exhibits I and J, septic tests confinn there is adequate and suitable soils to support five bedroon, mound systems on all four lots. .Note they have been located on slopes at less tton 6% The code does not allow the installation ot mounds on slopes greater than 6/c. Kesiew Exhibit N note septic svstems will receive no impact with placement of bike trail. The systems will be 3.5* from trail. Septic sites on Lots 1, 2 and 3 must be staked betore any land alterations are conducted tor bike trail, road outlot or drainage improvements. Drainage Once acain review Exhibit N. drainage from higher elevations 'o the north, speeilically. the road outlot. wall he carried along the shared lot lines of Ixhs 2 and 3 to a retentton area Ktcatcd vvathm Lots 3 and 4 Note drainage shall be treated before entering the protected wetland at the Zoning File #2051 Auzust 16, 1995 Page 3 W southeast comer of property. Review Exhibit M, Gu^t-fson notes the drainage swale leading from cul-de-sac has a high potential for erosion because of the steep elevations and asks that swale be redesigned. Swale should either be stepped or grades reduced from 1% to 27c with riprap drops. He notes two options - either riprap the entire length of the drainagew ay or have a pipe installed instead of the swale. The drainage pipe alterative will require regular maintenance. Applicant may be best advised to use the riprap method. Gusiatson accepts the drainage and ponding calculations. Applicant has advised that the permit review’ process has commenced with the Minnehaha Creek Watershed District. At the sketch plan meeting, the applicant advised of two underground tiles that outlet along the east lot line, refer to E.\hrbit G. Applicant flagged the areas and staff met at the site to review drainage outlets. Gustafson’s report notes no need to protect the two drain tiles. During the review of the Peterman Second Addition, (property to immediate east) drainage plan was approved for the subdivision, review E.xhibits K and L. All drainage from development was to be directed along the west lot line to a drainage ditch at the north side of Watertown Road. Any drainage that comes from the Peterman Addition is directed along the west lot line along the approved drainage path defined by the swale in Lots 1 and 2. Gustafson’s report also notes need to show the ditch along the ii rth side of Watertown Road that must be excavated and trees cleared in the right-of-way to im rove drainage and site distance. The septic staff also advised of the need to keep drainage from overflowing into septic areas on Lot 4. Plans must be amended to include the upgrade and improvement of dn. inage ditch along Watertown and removal of any plantings that block view. The engineer asks that street construction plan be amended to include 3.5" of bituminous paving instead of 3" as proposed. Park Dedication During the sketch plan review, the acting chair asked that a copy of the Park Commission minutes be included in vour packets at the time of the review of the preliminary plat. As of this writing the park minutes are not available for inclusion. Staff has received information from John Gerhardson confimiirg that the Park Commission will ask for a park dedication fee in lieu of land dedication and asked that the area of the bike trail easement be deducted from the 87o land dedication. Review E.xhibits G and N, note discrepancy in easement dedication tor bike trail. Gerhardson has advised that the dedication shown on the preliminarv' plan. Exhibit G, is correct. Staff Recommendation To approve the four lot preliminarv- plat application for Michael Hilbelink finding all standards of the septic code and RR-IB zoning standards have been satisfied and grants a variance to the subdivision code that would have required all four lots to access a private road based on unique findings and hardships noted above. Approval is subject to the following conditions: Zoning File #2051 August 16, 1995 Page 4 1. 2. 3. 4. Applicant to dedicate drainage and utilities easements 10’ along the lx>undaries of the property and road ouiloi, and 5 along all internal lot lines. Applicant to dedicate 10’ drainage easement along shared lot lines of Lots 2 and 3. The drainage easement to extend along north lot line ot Lot 4 and south lot line ot Lot 2 up to the retention pond. A 15’ easement shall be dedicated o\er drainage struemre, baffle weir and CMP to the southwest of retention pond. Retention pond shall also be designated on the plat as drainage easements. Applicant to develop covenant for Type 1 wetlands located within Lots 3 and 4. The purpose of the covenant is to alert all future property owners ot the need to protect the area and if alterations are proposed to tirst obtain the necessary approvals from the Corps of Engineers and Minnehaha Creek Watershed District before applying for approvals from the City of Orono. The ditch along north side of Watenown to be excavated and trees cleared in the right-of-way to improve drainage and sight distance. Drainage swale to be stepped to reduce grades from 7% to 2% with rip rap or underground tile. Two existing drain tiles at east lot line may be closed off as drainage from east is conveyed along approved drainage path along west lot line ot Peterman Addition. The Park Commission recommends receiving cash equivalent of land that would have been dedicated to City for park purposes. Septic sites on Lots 1, 2 and 3 to be staked and protected prior to any land alterations on ihis property that would include the City’s installation ot a bike trail, applicant’s installation of road and drainage improsements. ch -j* A RESOLUTION GRANTING PRELLMINARY APPROVAL OF A CLASS III SL3DIMSION FOR A PROPERTY LOCATED AT 2760 WATERTOW’N ROAD -FILE NO. 2051 WHEREAS, Michael J. Hilbdink (hereinafter "the subdividcr") on July 28. 1995 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as; refer to Exhibit A attached (hereinafter "the propeny"); and WHEREAS, after due published and mailed notice in accordance w ith Minnesota Statutes 462.358 et. seq. and the City of Orono s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on August 21, 1995. at which time all persons desinng to be heard concerning this application were given the opportunity to sp>eak thereon, and W HEREAS, at their regular meeting held on September II, 1995, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact; 1.Tlie properties are located within the RR-IB Single Family Rural Residential Zonins District requiring a minimum of two acres of contiguous dry' buildable land within each newly created lot. 2.The property contains a total of approximately 8.97 acres exclusive of road riehts-of-way and a private road outlot. 3.The proposed plat consists of four residential lots each meeting the minimum requirement of two acres of dry buildable area and required lot w idth of 200’ to the rear of the 50’ front'street setback line. 4.All lots meet the standards of the RR-IB Zoning District. All four lots have been found to have adequate and suitable soils for on-site septic disposal systems. Page I of 8 6. 7. The City Staff and City Engineer have conceptually approved the drainage/grading plan and road plan for the subdivision as shown on drawings prepared by Mark S. Gronberg of Coffin and Gronberg, Inc. dated August 1, 1995, Job #95-233, Sheet 1 ofl. At the August 21. 1995 meeting of the Planning Commission, members rccommerKied unanimous approval of a variance to Section 11.33. Subdivision 4 of the Subdivision Regulations that would allow Lots 1. 2 and 3 to be served by a private road outlot with cul-de-sac and Lot 4 shall continue to be served at the existing curb cut at Watenown Road that sened the original homestead, based on the following unique findings and hardships: a.The curb cut at the '•oad outlot and existing curb cut at Watertown Road have been approved by the City Engineer as meeting the required sighting distance for roadways at a 40 m.p.h. speed limit. There is adequate dry buildable area to design a subdivision with a road outlot along the east lot line. The proposed access plan has been proposed in order to preserve the natural amenities of this property. The proposed access plan will allow an extensive wooded area at the southeast comer of the property to remain undisturbed. Placement of a road along the east line would result in a major impact upon the existing steeper elevations as one moves north along the east lot line. f. g In the review of the Peterman Addition, the residential development to the imic. te east, the City determined that an extension road outlot to the subt»f ’ .foperty would not be required by the developer. i: CO. nning road was developed along the east lot line. I^^ts 1-4 of the elerm,. I Addition and three of the lots within the current division would become tnrough lots requiring all property owners to obtain conditional use permits for construction of all accessory structures. If a confonning road was installed along the east lot line. Lot 4 would now be surrounded by a roadway on all three sides. Pace 2 of 8 NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City ot Orono hereby approves the preliminary plat application of Michael J. Hilbelink per plat drawings by Mark S. Gronberg of Coffin and Gronberg, Inc. dated July 26. 1995, Job. #95-233 and grants a variance to Section 11.33. Subdivision 4 based on the unique findings and hardships set fonh in Item #7 above, subject to the following conditions: 1. 2. 3. Applicant to dedicate 10 ’ drainage easement along shared lot lines of Lots 2 and 3.The drainage easement to exteiKl along north lot line of Lot 4 and south lot line of Lot 3 up to the retention pond. The retention pond shall also be designated on the plat as drainage easements. A 15 ’ easement shall be dedicated over the drainage structure, baffle weir and CMP to the southwest ot retention pond. Applicant to develop covenant for Type I wetlands located within Lots 3 and 4. The purpose of the covenant is to alen all future property owners of the need to protect the area and if alterations are proposed to first obtain the necessary approvals from the Corps of Engineers and the Minnehaha Creek Watershed District before applying for approvals from the City of Orono. The ditch along nonh side of Watertown Road to be excavated and trees cleared in the right-of-way to improve drainage and sight distance. Drainage swale to be stepped to reduce grades from 1% to 2% with riprap or underground tile. The City recommends riprap rather than underground tiles which require regular maintenance. Two existing draintiles that outlet at the east lot line may be closed off as drainage from east is conveyed along an approved drainage path along west lot line within Peterman Addition. Septic sites on Lots 1, 2 and 3 to be staked and protected prior to any land alterations on this property that would include the City’s installation of a bike trail, applicant’s installation of road and drainage improvements. Well within Lot 4, Block I to be sealed off as regulated per State standards if well is not to serve new residential construction. Page 3 of 8 t t 8.Applicant to execute Developer's Agreement to ensure all grading/drainage improvements and road improvements are installed to City's specifications and satisfaction. No land alterations can take place until erosion control is established and septic sites fenced and the City is in receipt of a final grading and road plan. No improvements can begin until City Engineer has approved all improvement plans. A Lener of C-edit must accompany a fully e.xecuted Developer’s Agreement wrmen to 150% of the cost of the proposed road and site improvement. No building permits will be issued until all drainage facilities have been installed and approved and satisfactory road base completed. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and tounh Mondays of the month. These submittals are as follows; 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200’. Drawing to include: A.Lot lines planed per preliminary suney by Mark S. Gronberg of Coffin and Gronberg, Inc. dated July 26. 1995. B Dedication of "drainage and utility easements" 10’ along boundaries of the property and road outlot and 5’ along all internal lot lines and as also described in Condition #1 abo' e. C.Designation and dedication of drainage easement over detention areas and drainage areas. D.Designation of private road as an outlot. E.Dedication of rights-of-way for Old Cr>stal Bay Road and Watertown Road . F.Dedication by deed of a trail easement as shown on the preliminary' plan of the four lot subdivision if applicant and current owner have not already dedicated this to the City. Pace 4 of 8 I 1 • G.Naming of plat Legal documents required: A. B. C. D. E. Tide opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easements currently affecting the propeny. Signed and executed Drainage Easements to be taken over retention areas and drainageways within plat (see sample enclosed). Signed and executed Developer’s Agreement and l^etier of Credit for site improvements and construction of private road (see sample enclosed). Signed and executed Road and Utility Easement over private road outlet (see sample enclosed). Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private road cul-de-sac and drainage tacility (see sample enclosed). Lot 4 shall share in the cost of the upgrading of the drainage facilities but not private road. Completed application for private road name. Please note the selection of the road name is a separate action of the Council and should be submitted as soon as applicant has completed the selection of three choices ot names (see sample enclosed). Completed private covenant for lots involved with protected wetlands not included within Conservation Maps of City and mitigation areas. Covenants should include map and metes and bounds descriptions. Covenants should be in a torm suitable for filing. Page 5 of 8 3.Fees to be paid: Total due: S375.00* A. B. Final plat fee = $175.00 Lesal review and Tiling fees for subdivision and associated documents $200.00 C.^Park dedication fee. The Park Commission has recommended that the area of the bike trail easement be deducted from the 8% land dedication. The park fee to be based on adjusted area. Council to affirm .Park Commission recommendation. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this llih day of September. 1995. ATTEST: Dorothv M. Hallin, City Clerk Edward J. Callahan, Jr.. Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • u . r The foregoing instrument was acknowledged before me on this 11th day ot September. 1995. by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the Citv of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar\' Public Paae 6 of 8 EXHIBIT A Commencing a the Southwest corner- of the Southeast quarter of Section thirty-three (33). Township one hundred eighteen (118) North. Range twenty-three {22: West uf the 5th 1 nc i 1 .^endiafi; thence North along the west ang leit« — - - -West line to the South line or said sectiofi thirty-three (33); thence West along said south line to place of beginning. F.est o - line o* said Southeast uuarre" 962.94 feet; thence East at right tc said west Ime 4 74,37 feet, thence south parallel with said CITY OF ORONO - SUBDIVISION APPLICATION Property Idenuncation Number (PID) ,,>7 ..1- Please check one • Property abstract or Attach lesal description to application. >rj ^ ^cn O 3’ OOCI torrens.’ APPL1CA.NT Name // //AC-----{ " Address" 8''^ {pccOf\^'----------- Citv f JK^no —- Phonei^homCi Y' 76 SC> ? Zip>?<r?rt^Pborie ('work; C3 7<f' 0\>’NER (if different than a^icant) Name Address C:>9 O Citv /TTc^Tfel^ ^------------------ ,.__7.ip^<r*^J7Pbone (work) Phone thome) F6 6 ' S (attach list if more than one) EXISTING L.\ND USE Number of Ta.x Parcels Development Size / T1 9.S Present use (check)A- Acres Dry’ Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specif)’)_______ / Present Zoning District PROPOSAL Division for Ta.x Purposes Lot Line Rearrangement Only (no new buildlmg sue ) Subdivision for New Building Sites ----- /Existing Units _ New Units Total Units •n. • .• . • Number of Building Sites ■3 t ■ ‘Z Proposed Gross Density Minimum Lot Size Proposed Use (check) z/ /Units per ^ ^2. Acres ID /Y ctj C Sq. Ft. Dry Buildable Land Residential Other (specify)_________ MINIMUM MATERIAL REQUIRED FOR COOUTE WRELIMINARY APPLICATION 1.Payment of fees (refer to '^itcatioa fees* listed below. 2.Completed application form. 3.Preliminary plat informatioQ on Ccrtificatt of Survey. 4.Cenified Propeiry Owners List of ownen within 350* (you must obtain this list from Hennepin County Depanment of Finance A-b03 Govt. Center 348-3271). 5.As an to this application, please anach a separate list of any other persons you wish notified of this application. Zoning Official’s Signature _______________________________________Date _______________-------------------------------------- MINIMUM MATERIAL REQLTRED FOR COMPLETE FINAL APPLICATION 1.Payment of fees (refer to Preliminary Subdivision Approval rcrolution and park fees if appicable). 2.Signed Cenificate of Survey or mylar copies of formal plat. 3.Title ooinion. ft 4.Easements, covenants. t;c. 5.Developers Agreement and Letter of Credit. Zoning Official’s Signature .................................................................--------------- I I..APPLIC.\TIO.V FEES (Zoning Admirustrator to check [X] those which apply) A. .Application Base Fees: _____S’icetch Plan Review (Class I, II A III) S2(X).00 ______ Subdivision of a Lot Line Rearrangement S300.00 ______ Subdivision Application (Class I A ID S300.(X) ______ Preliminary Subdivision Application S325.00 + $25.00/lot (Class HI &. all non-residential) _____ Final Plat Application (Class IID S175.(X) _____ Legal Review and Filing: _____Subdivision only $75.00 Subdivision w/easemems and covenants mm. S2(X).00 ctais ______ Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $150.00 (No change from original application) Renewal of Class III. Prcnmmary Subdivision Application 5150.00 (No change from ongmal application) Renewal of Final Class III Subdivision Application $100.00 (No change from original application) B.Special Improvement Fees: Proposed Private Roads $6(X).00 + $.50/lineal ft.; _____ lin. ft. .x .50 = S_____ Proposed Public Roads $900.00 -f $.50/lineal ft.; lin. ‘i. x .50 » S_____ Request for City to Accept E.^istmg Pnvaie Road $900.'.X) Proposed Sanitary' Sewer Main E.ttension S250.00 -t- $25 rub Proposed Watermain Extension $250.00 + S25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System. Site Evaluation Review (applicable to ixiral subdivirion applications) $50.00/new lot propw for on-site x_____new lots C.Fle.xibie Application Fees.'Misc. Fees Variance $200.CX) Easement Vacation .Associated with Subdivision S75.00 PRD .Application with Subdiv sion S30.00/Dweiling Umt The aopiicant hereby agrees to provide all iniormaiion required or requested by the Zoning Administrator. City Engineer. City Attorn ey. Plannmg bommission and Council ^ess^ to^cess this application and funher agrees to pav all additional fees b. 7/Wfr:Appiicaat ’i Signature Owner ’s Signature Date Aopiicant must have 1’.! submittals mto me City Office 25 days before the Planning Commission meeting. Planning CoiMUSSion 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 .-•iiend a scheduled meeting, please make arrangements lO have an authonge agen t attend in your place and to advise the Building & Zomng Office ins change prior to the meeting. im I Vi g: yTlS----- (ll) ^ *4 lA* » •- T K ^Tf^SiAf A53f J' 33-|(S-P3> 1^1= 33 SMADCUZS ^W ( »«) m:to/ r*' '**‘*-■^ f ii¥ b r!■•»-•' 411 Ml I MTf :*•! r* ’• i'^•krtrS ^ TiCW 3 S (10) 2«0 <*• w tm’>f rr9 rio * *» .' • i o^'iiy . U .\I". f »k «te'C^D £ 9 I ’'.,<'•• I'/I j .„ ^;i_*' . •''' ^ * ^ « -XA < r *v a 1 fi:t SIC39!3 A33;^ I U») X s JlUJl. (<0) ‘VWjiae a ‘ # '«) r* 't 9^ i »0J . i / r» I M) I '21 ;l1 {’?) r-Omo •W1I ir» %? 5 •« H »\at c f t:i 7T*. ■«f ^ •« . r *•• • **•• » i-tt SJ y ( 91 #-% f.iJ mm BATE 07/ia/«iATCH i04fiOP AMRTARPAYfR-4, •» QHNER mm TAXRAYfR mm/Aimi mm AODR ONNiR mm TAXPAYER mm/AOM »• AODR CMiER mm TAXPAYER mm/ADOR »t PROP AODR ONNER mm TA>^AYER mm/ADDR PROP AODR omER mm TAXPAYER . mm/AODR OMMO LiraOMMO LDIUtP PMIM 7«M ST MEDEN mffRie m 58 13-118-25 54 OOQl 00188 OLO CRYSTAL SAY » M L S STUOeS ETAL LYOCM SNERMOOO STUOOS 188 OLO CRYSTAL SAY M N LONO LAKE HN 8S5S4 58 55-118-25 54 00l5 00170 NEAR U N S 0 OERKEY SCOTT Q BERKEY 118 OLO CRYSTAL SAY RO N ORONO m 5535A 58 55-118-23 43 0010 0003S 6OL0EN VIEH DR T D A S A ncraCKLE TERRANCE 0/BARBARA NCHICKLE 55 OOLDEN VIEN OR LONO LAKE MN 55554 58 55-118-23 45 0015 00125 GOLDEN VIEH DR JAMES C A CARRIE D HEYERDAHL JAMES A CARRIE HEYERDAHL 125 GOLDEN VIEN RO LONG LAKE m 55554 HEItCFIH COLKTY FRORERTY INFORnATION SYSTEMFROFERTY OMCRS LIST58 04-117-25 21 000302048 HATERTOMN ROmCMAEL J FITZFATRIC8: ET ALMICNAEL/FATRICIA FITZFATRICK2845 NATERTOMl ROLONO LAM tt4 55554 TOTAL BATCH 506 00015 58 55-118-25 54 02850 NEAR CIR J R LESSER A J K LESSER J R LESSER A J R LESSER 2850 HEAR CIR LONG LAM m * i554 58 55-118-25 45 0001 02740 MATERTOM RO JOSEFH N ROSCH JOSEPH H ROSCH 4404 JAMES AVE S RICHFIELD MN 55425 58 55-118-25 45 0011 OOOSS GOLDEN V^EH OR V D A N L ERICKSON VAN 0 A NANCY L ERICKSON 55 GOLDEN VIEH OR LONG LAKE HN 55554 58 55-:iS-25 43 0014 00155 GOLDEN VIEW DR D A SMITH A A E GOLD-SMITH DOUGLAS A SMITH 155 GOLDEN VIEH OR LONG LAKE FM 55554 38 04-117-23 12 0009 2800 COUNTRYSIDE DR W ORONO LIMITED PARTNERSHIP TONY ElDEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN 55446 REPORT NO. PI45S401PAGE 1458 04-117-23 2100085OLO CRYSTAL 8AY RO 8THEO J NEVER ETALr»«0 J NEVER85 OLO CRYSTAL DAY ROLONG LAKE ISi 55554 58 55-118-25 54 0004 02845 NEAR CIR HEAR ENTERPRISES PARTNERSHIP HEAR ENTERPRISES PARTNERSHIP C.'O HILLIAN H HEAR PO 80K 245 LONO LAKE FM 55554 58 55-118-25 45 0004 00140 OLO CRYSTAL 8AY RO N R J HILL A A H HILL ROBERT J A ANN M HILL 140 OLO CRYSTAL BAY RO N LONG LAKE MN 55554 58 15-118-25 45 0012 000B5 GOLDEN VIEH OR H A A HILBELINK MICHAEL J HILSEITNK 85 GOLDEN VIEH UR LONG LAKE MN 55554 58 55-118-23 45 0015 00175 GOLDEN VIEH OR L A J STRAND LYNN H STRAND 175 GOLDEN VIEH OR LONO LAKE m 55554 38 04-117-23 12 0010 2780 COUNTRYSIDE DR W ORONO LIMITED PARTNERSHIP TONv EIOEN COMPANY 4100 BERKSHIRE LA PLYMOUTH MN • 55446 'I •t* 4 4* .J '»• « •<% /; .■1..I :■ f •» I * 0’ » I 'I I i MUM MTt 07/l*/«MTSI fO«HEWCnM raUMTY MOKirrV IHFOW^kTJOM SVSTIHNMPflTV OMCa LIST nraiT ND. ri^ss^i^A6| ISlOo r'.jl V I CERTIFY THAT THE FACTS RCPRESEMTEO 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 SEST OF NY RNOHLEDGE AND BELIEF, DATE iiilmh.. 't0 '• I*'•#•i • f•I' ! «! H o • O Mflce Hilbclink 85 Golden View Drive Orooo.MN 55356 Re: Development of Joe Rosch propert>' N J D Dear Members of the Planning Commission; I would like for you to consider the follow ing items when re\ie\ving this site for development and road location. 1.The available sites for the septic fields are very limited as indicated in the letter dated November 10, 1994 and revised June 20» 1995 by S-P Testing The sites located along the eastern border have linle if any flexibility because of the elevations and drainage. A proposed road along this area would destroy the available area needed to provide the septic tields for the 4 proposed lots. 2.Much of the natural beauw of the land is in the row of trees that run > along the east border of this property. We would like to keep this area in its natural state as much as possible with the exception of possible septic sites and potential house location. 3.The existing drive way has been there for years and appears to meet the required site line distance, so we vvoul 1 ask to continue its use to access one of the four proposed lots. I hope you will consider these items and propose an access(s) that will minimallv impact the existing trees and poteniial septic site locations. 1 hank vou for vour time. Respectfully, 0 »• % Si*>*«■»..,l.\rv »i^ sv iiiiWW >!# !ffH-^ Sl?^?.j';-. ^ i’’* 1‘ •# 1V»* ■■-'4 m ■.-^ _jl i?:,« ll 2'ilrl^rd 0r«*'S_A- . • W • >C' IPlll 11^ I* ■ '1 :■;''■'^-'v- -/.. T . '■ ‘ *= it r 1 ’• ■ wm Sit: '■'* _•-■ ■ -IV•^'*5?# f;. -iiii iSB^K<-4''i' >(■'%:■■ .■■■. 'W\ j.'i v si? -M ik r r *iVT^ aiRffHNpMir^ <^rV rv tf': sesjK^^iiCKvfej^mB-wssr-- „.,jfcyj- •T<^rk-.vv=. -.-. i! pi i'V V V W 1 m' HENNEPIN COUNTY. MINNESOTA I re rt. WATERTOWN ROAD ft V'0 00 — ft*^ariou 474 >0 f*- 44 5 o Jm»r0tl /^r Sf V# »f J*t 99~^0 ‘if r*, • r.I f-VOvi;:: \ AC:D!r:ON ■\ tllSTING lEG*i DEScmPnON CommenLing 4t Ihe Southwest corner of,the Southeast quarter of Section thirty-three (33). Township one hundred eighteen (110) Morth, Kange ■twenty-three (23) West of the 5th Principal Meridian, thence North along the West line of said Southeast quarter 962.94 feet; thence Cast at right angles to said west line feet; thence South paral lei with said West line to the South line of said section thirty-three (33). thence west along said South line to place of beginning. i •: Oeout^s iron marker found ‘ o: defioles Iron marker set <a: denotes Hennepin County Honument denotes e*istiny elevations, mean sea level datum Bearings shown are based upon an assumed datum. S0t0 /•<« 0000/ r /0.fi JV.. I *r ■} 0 0 •4' •» • •• •(it, V 0 \ 1 nu*i(.jsiii)tv lUVISIUK PAri 1 MAWNIY COPHN & GRONBERGJNC "* Coihultm Enmary, Lvhl Sunxwra, Silt* nnnmrs TdnitU.Kk Avenue • Lonft Ukc, MN 55356 I r t t-f'^ • • I «612-473-4141 I htn u rtifv iHjI this m4s pn*p.3n*»l In im* or umU r mv dual ^u|Hf Vision, jinJ Ihji 1 4111 4 July n'gisicrfj t iv»l I nnma*f jnJ LandSurvi*yoc under ihi* IJV9V 1*1 Ihe Suit* 1*1 MinnesolJ _____--------------------------- Kl4fV S t.ronh*m MinneMilJ I v.en>e NumU*r 12755 sc Alt ri\l supif ryof ur^rf /"• /OC4* IMIt 7-26 « K»NI> 9S233 wv/un l it minnk-^wvrir^ I 4* '• < fi-:<.LS.'G ME/\D-AVS i<RO ^^Or.'iTiON •* ♦ u Ci c:cr'^rc%'^jA\j . \ « .• ) IJJT ^74 87 If l» p-^-ipr- rt ^ _ _ t___ —^1. F't rt. f.-.V/;.V f (*.••-. k.mMO 4/C‘ /' Of* <r* -r*r»;T<»'i^.,*!-%#.*«. »»•!«*/ A/W#^ A«# ,/ /r /.r W /^iJ ; WATERTOWN \v___cutA^r A \ « I • I i >1 fMi: / ;>1\ \,-i If \i /►» \r:\ i .00” N .\ ...\_y_\sa _ I • , rA/ -r ‘•>1 •«<i»l ■* "T r- I . ,1- -.1 .' \ I 4 r ^ f -7- /|te|- ■A If'*** I T*/ e*^»0o- 0t fty« 9* fr€ lf-/># /y N8rZ0\4J if4K>#/ v« *. u • * \ #“, • i“i I I V •/ [IISTIHG LEGAL OtSCmFIlON rnnn»ncina «t the Southwest corner of,the Southeesl quarter of Section thirty th'ee (33) Township one hundrid eighteen (118) North, Hange i 71 ’w^t of the 5th Principal Meridian, thence North along ,"gi‘s lo ,ia -tu Hn. <’•■«' ito. I"'™* '““j"West line to the South line of said section thirty-three (33). thence west Along seicJ Soutn line to place of beginning. •. o Q defiotes iron mdrker found * denotes iron marker set denotes Hennepin County Honumenl . . » denotes e«isling elevations, mean sea level datum Bearing'^ shown are based upon an Assumed datum. /#r/« 4S$4 /♦<« 4440/ T/P.S/f4ldti 1 DI^ICNflltV HtVISKffv Or rt •fcVt»IIMK3N 1 1 MAVSNBV >rniTiN & gronberg . Inc . “ Consulting En^inCi'ts, Lnul SuntT/t^rs. Site rinnihTS ^^2 Tanur adt Avenu e • Lon^ Lakt\ MN 553^ 612-473-4141 I hi ft In ii rliK IHvTI this Mif\»n u4s pfi pan J b\ mi- of undi r m\ d»n<l visitin 4,id Ihil I Jim 4 July n-giNliriil C mil nK«iu-vf And UnJ SufM-V^f undrr inr l.ms »4 Ihi* StaV ol Minm*s«»la _____^ Mark S I.ioitU-ij; Mimu-iolJ I mns«* NumlH-f I27SS sc Alt I*** /CO l»Alf K«NO 9S23 a ••••*•■'••• a • •- Aruc Environmental . Inc . 3-j33 Excelsior Boulevard. Suite 300. .Minneapolis. .Minnesota ."'5416 Phone No: 612/9:4-2354 % ' Report To Mike Hilbelink Edina Realty S "# » •f -^vT' __ ’* > . 'om Date Patricia .\rlig July 24. 1995 1 WETLAND DELlNtLVnON Old CRN sTAL B\n and Watertown road, orono W 1/2. SW 1/4, SE 1/4 SECTION 33, niSN. R23W There are plans for residential deselopment at the location referenced above The site is located in the northeast quadrant of the intersection ot Watertown Road and Old Crystal Bay Road A wetland is located in the southwest corner of propert\ The rest of the property is high and did not have wetland characteristics The overland drainage pattern is trom the east side ot the property to the Southwest corner of the property The plans for the dev elopment w ill avoid the wetland .A wetland delineation according to the requirements ot the .MN l‘>9l Wetland Conservation Act (W'CA) was required to identifv the existing wetland edge within the property of the proposed development Arlig Environmental, Inc was retained to delineate the wetland on the proposed development site ' Patricia .Aiiig. an environmental engineer trained to complete wetland delineations, placed stakes at the edge of the wetland The field work was completed on July 5 1995 There was heavy ram during most of the 24 hour period preceding the field investigation The temperature was approximatelv F Water levels were assumed to be above nornuil The survevors located the stakes later that week Wetlands were identified and delineated using the guidelines of the Fldlraj . VUNt iAl H>K iDHNTIFYINd VM) DHUNLAlTNii Wl n .VM)s (1989) and the CoRJ ’S 0( E.N'tiINKLRS W'ML/VNI) DlXlNHAiloN NLvN'n,\l. (1987 ) Copies of the sections of the maps showing the project vicinity are attached The SCS map was obtained for Hennepin Countv The map shows the soils on the site as Hamd and i ilfnctw winch are on the Hvdric Soils list and Hcivilcn. Lc.sur. and / t'Svucr which are not considered hvdric soils The .MN DNR map for Hennepin County shows no protected waters at this site The N\V 1 map also shows no designated wetlands on the site One wetland was found and delineated at the site Field investiuation began by observing the vegetation and drainage patterns and determining the approximate'edge of the property The preliminary wetland edge was determined based on veeetation and evidence of standing water Soils vveie tested by digging holes to a depth of at least 18" using a narrow biaded shovel at several locations around the perimeter and at points AI inside the defineaied edge and outside the delineated edge A soil probe wih a 3/4 opening was used to verif>‘ soil conditions around the rest of the perimeter Soil colors were determined by matching them to a Mnnsell Soil Color Chart Characteristics such as presence of motteling and moisture were obser\ ed and noted The edge of the wetland was determined to be near the po*nt where subsurface water was within 18 ” of the ground elevation and where hvdric soils and wetland vegetation were encountered The test holes were retilled Wire stakes with pink tlags (*il through #37) were placed around the edge of wetland beginning north ot the fence adjacent to Watertown Road moving in a counter clockwise direction The stakes were placed at the determined edge using all three cnteria. hydrophstic vegetation, hydric soils, and hydrology Data Forms - Routine Onsite Determination Method were completed to llirther describe conditions ^t the stake tlags Please contact Patricia Arlig at (924-2354) with any questions regarding this intormation 95034 wc* L L NM I lUNML VVl: I l-MiiiUo ii« «UNITED STATES DEPARTMENT OF THE '93*3'’'30- 45*00 EXCELSIOR. MINN.t 67 500» —' \ «iii rp —^rSlc4^<i>. P95IC 'A , >0^ »t.MCd pfMc;*- • V PU«6. >«» ' J’\_r .-//V \»l|fc|cT' t.tii;- C.-i-—*• w rrMcc'/ ’-I C.W,. r,. LN^ > pp^ TO: FROM: DATE: Jeanne Mabusth. Buildine and Zoning Administration Stephen Weckman, On-Site Systems Manager August 9, 1995 SUBJECT:Subdivision application #2051, Mike Hilbelink - Septic Review The applicant proposes a four lot subdivision requiring the use ot on-site septic systems. Soil testing has been provided by S-P Testing for primary and alternate sites on each lot. The drainfield sites all meet City and State standards for five bedroom residences. Soil testing indicates that all proposed systems use mound drainfields with site slopes of six percent or less and meet all setback requirements. The soil testing and design has been approved as submitted. Based on the soil testing, I would recommend the application be approved. i e w eptic systems. Soil 1 each lot. dences. 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Jaaaaa Mabuach to: rila Mo. 139-1096 Potanun 2ad Additioa Eagin—n A Archltecta ^ 4.tmrnm, IM. jAN2 8i9err I • I * I ■XCM.#X EUmm^PJL vMf i^C. ^x ■X iXiMiA^X B B^BM C.BtmtLAJjk. B,Amm.BM hmm L Itrnm, BA, CAa/mA. At.m. Doar Jaaaaa, Va ^va reviaaad the Pataraan 2ad Additioa .ice pUa and would raeoMoad th^r carea^ draxoaga coaaidaratxoaa ba addratsed. The developer will also have to provide a plaa for the etraat conatructioa. Tha dralaata way aloof-the waat liaa of the pUt through lota I aod 2 ahould •arty to accoaaodaffaChodditch work. Ivaway viU.aUoM^ro^irad " H yiiuwHSa rbii offlea. ’» TwTBBMSr»:W!3ev?*T^^Br^ -•Vw 1^ i^.a. ' (.'4 -• *4. ^ •. •B0MBfll(X>.rl0fBl4|p&Si6^fWC. /<CJL Claan R. Cook CRC:li Eacl. 17A3a 30 Year Anniversary % »• I*iL!23LpiI.V#'V- •-. • m\|l LiS . • • • .*• r. -'. ... 'u- :V • • >Si* ••••' • / .......... >* < 1 HHJ-t%8IT ' 1-04-1995 8;C^An FROM ecr£5TRC0 * AS2 P.1 ^ I Bonestroo Rosene Anderlik& Ivll Associates Engineers & Architects Aueust 8. 1995 Ms. Jeanne A. Mabusth. Building and Zoning Adminisiraior Citv of Orono Post Office Box 66 Z.n *""::^ — .r—• e.* • r el-'.. ‘I — vr ' ’c*.. *M^n 4 . » .. »« i%n*-€ t .-r - »* ;-.v • Z.•• c— w.e .*•. •.« r.- k..: •• ' 5. •••••• • •• *V* r« I '<* w 3 *• j ^■ * ••A Zmm ^J ’y, !•• .•« k»i*‘ m m *.. ‘'.j* **'• -•-i« • C •••••• * •*»»;* ,•I : - • - •. —'c •• •:. 1.V x............■'! *,*•*■•* »r^i -• *Ae . »• ■ C ^ .*rf ^ j >'• < rr.*:* .** *k 2 •« A •• • M..! •'*> 'ew .' wv r * ' * :w7>—- •• ' -I •*••: ••r,-/ • /.• . ••• • • • ?: f .»* »»• f ?•.'• 9 .( _»•»»| •• T/ ...•>« * - ^ ^ ^ ^Crystal Bay, Minnesota Re: Rosch Addition File No. 139-J051 Dear Jeanne. Wc have reviewed the preliminar>- plat, grading plan and street plan submitted by Mike Hilbclink for the proposed Rosch .-\ddinon. Tne property is located at the northeast comer of Old Crvstal Bay Road and Watertown Road. We have the following comments and recommendations in regards to engineering matters. The plat should show drainage and utility easement.s !0-leet wide along all right-of-way.s and 5-feet along all lot lines. Drainage easements should be shown over the wetland and ponding area. The grading plan should show the ditch along the north side of Watertown Road to be excavated and trees cleared in tne right-of-way to improve dramage and site distance. The drainage .«wale leading south from the cul-de-sac has a high potential for ervosion and must be designed. Hie swale .should either be stepped to reduce grades from 7^'"^ to 2^c with riprap drops, have riprap the entire length, or have pipe installed instead of a sw ale. TTic drainage and ponding calculations appear acceptable from an engineering standpoint. Hie Minnehaha Creek Watershed District should also review and approve the plans. There appears to be no reason to protect the two existing dramtilc lines that outlet along the westerly property line. The Peterman Second Addition drains south along an existing drainageway. We would recommend the street section be increased to 3.5 inches of bituminous instead of ? inches. Tlic trail is planned to be constructed by the city’s contractor. Please contact me at this office if you have anv quc.stions regarding this matter. Yours verv rrulv, 0 • BONESTROO. ROSENE. .A.NT)ERLIK cv AS500ATFS. INC Q vu. Shawn D. Gustafson. P.E. I• • .. .. �., '· � ' z 0 I-C <( :c en ' 0 £C •• t • t • ,., \ I I \ \ \ \ \ l \ \ \ \ \ \ I I \ - \ I I I ', ' -\ \ \ ___ )_.\ \ 1 J I \ \ \ c:. ,. - \ \ \ • \ \ :- I '·. . ' N ' ' ' ., -- .-' I .,, -' ( - • I ' ' \ '-_\ \ I \ \ \ 0 "' - \ \ ' ... ' -· ... I I . ( r·I I •.\I II \ I L . -II I I I I I I ( I I I \ '\ \ \ \ \ .,. \ \ \ \ \ ·-·- ... ... , 0 '..... -- ---··-·-- I I • -� \ ' I I t--' J . .._ -· lr, I (' .,. I. \ .. .... ' .... I I---..... .. -� .. _ .. --- ' I • '·-� . I • --- I I I \ \ \ ·- '. .. ' .. -- ·-- ........ ... . ... I l r::! -\3 " ' l., "" . " I -- I ... /__ . ., • \I ' / I . • . ... -l I -1-__ l,ul - t ---- -,. ,.,. / --- '••n �,...,, -., -- - - l I.. / I I I / I .,, �'· '•.. -· !' o.,,<'",r ........ .. ---' : .. .,._ .',.,.,, "'' -.... -- , -- G -- ---IC"/ --·----·---- -- .. f , ------- __. _, .. ., r .. .. . . ; ....... • . ' � ,, ,,/ ., ..... ., ,., - ....... ... ..._ -- -.._ -- � ....... ---.. .. � --� ....... � --..... ---- --� ....... -- --. \ - . I '\ ' \ •/. ,,,, ... .. •I I ......... -t -- . -· ·- _,., 1 v" .. ... t ---\ \ \ -- .. \� { '-... ' •. � .... ..... .. - 0 <t.-� / / // -_.,,. >-�-CD ,.,, .. ,. / _,, I •j� ,,! t•i· I • / _.,,. ,,, / . _J � � 0.:: u _.,,... - - ... - / . 0 _J 0 J I .I l I COUNCIL MEETING REQUEST FOR COUNCIL ACTION SEP 1 1 1995 CITY OF ORONO DATE: August 30, 1995 ITEM NO.: JO Department Approval: Name Michael P. Gatfron Title Asst. Planning & Zoning Administrator Administrator J viewed:Agenda Section: Zoning Item Description: mSl James T. Nysirom. 1745 Concordia Street - Variances - Resolution Zoning District: LR-IC, Single Family Ukeshore Residential. 1/2 acre Application: Request for lot area, lot width, average setback, side setback lakeshore setback and hardcover variances to construct a new residence to replace existing residence. List of Exhibits A - Resolution B - Letter from DNR Received 8/21/95 C - Planning Commission Action Notice 8/22/95 D—P!anning-€ommisston-Minutes-8f2H95- E - Memo and Exhibits ot 8/16/95 Discussion Please review the memo and exhibits of August 16. 1995. Briefly, the applicant originally proposed additions to the existing house but revised that proposal to a complete removal and replacement. While the existing house is 35 ’ from the lake with deck 23 ’ from the ake, applicant proposes to construct a new house 75 ’ from the lake, with deck 65 ’ from the lake. Applicant also proposes to remove the existing garage and build a new one centered on the property meeting all setback requirements. Applicant proposes hardcover variances in all three zones, although the net hardcover on the property would drop by 328 s.f. Planning Conunission Recommendation Planninc Comniissioii at their August meeting reeommended 6-0 to approve all ret|ucsted variances except for the hardcover and structure in the 0-75' zone. Their recommendation is as follows: 1.Approve average setback variances and lot area, lot width variances. Approve hardcover variances associated with garage/driveway relocation as proposed. — - .............. Request for Council Action continued page 2 of 2 August 30, 1995 Zoning File #2057 3.Approve side setback variances for residence as proposed. 4.No hardcover to be allowed in 0-75’ zone. Therefore, applicant ’s options include: Move house and deck/patio further from lake to meet 75 ’ setback (75-250’ final hardcover would be allowed to increase 568 ± s.f. to approximately 4.636.5 s.f. or 35.3%; less sidewalk length needed reduces this to approximately 4,6(X) s.f. or 35.0%). Omit deck/patio, leaving house in location that meets 75’ setback Hardships and justifications noted by Planning Commission include the magnitude of improvement as compared to the existing siuiation: decrease in overall hardcover; movement of hardcover areas further from the lake; side setback variances justified due to impact on room sizes and house layout; minimal impact or improvement in neighboring properties ’ view of lake. StafT Recommendation Staff concurs with Planning Commission recommendation, recommendation is attached for Council adoption. A resolution reflecting that COUNCIL ACTION REQUESTED: , seconded by , to adopt ResolutionProposed motion: Moved by __________ # granting lot area, lot width, 75-250’ and 250-500’ hardcover, average lakeshore setback and side setback variances to James Nystrom. 1745 Concordia Street for construction of a new residence and detached garage. Vote: _____ayes,_____nays. ch A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SL’BDIVISION 6 (B), SECTION 10.22, SUBDIVISIONS 1 & 2, AND SECTION 10.56, SUTOIVISION 16 (L) FILE #2057 WHEREAS, James Nystrom (hereinafter "ihe applicant") is owner of the property located at 1745 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 13. Coffee’s Addition to Shady wood, Hennepin Count), Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to allow construction of a single family residence and detached garase on a lot 0.46 acre in area where 0.5 acre lot area is required, and 75 in width, where 100’is normally required, and said residence structure being 9.5’ from the north and south side lot lines where a 10’ side yard setback is normally required, and a variance to Section 10.22, Subdivision 1 to allow said structure to be located less the normally required 75’ setback from the lakeshore and such location encroaching on the average lakeshore setback where no encroachment is normally allowed, and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover on the propeny in excess of the hardcover limitations imposed by the zoning code. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1 This application was reviewed as Zoning File #2057. 2.The property is located in the LR-IC, Single Family Ukeshore Residential Zoning District. Page 1 of 7 3.The Orono Planning Commission reviewed this application on August 21, 1995, and recommended approval of certain requested variances and denial of other requested variances based upon the following findings; A. B. The lot area and lot width variances should be granted since a residence already exists on the property and no additional land is available tor purchase by the applicant to make the lot area and width more conforming. The proposed variance to allow construction of a deck in the 0-75 ’ lakeshore setback zone should be denied because no adequate hardship has been justified to support such a variance. The removal of the existing residence and deck area affords every opportunity and ability to construct a residence and deck meeting the required 75 ’ lakeshore setback, and the relative location and current use of the residence structure on the adjacent property do not provide sufficient hardship to justify the granting of the requested lakeshore setback variance. The average lakeshore setback variance is justified based on the location of the adjacent house to the north which is extremely distant from the lake and therefore creates an average setback line which would force applicant’s proposed residence to be similarly distant from the lakeshore, resulting in not one but two residences out of character with the general residential development in the neighborhood. The applicant has proposed to remove the existing detached garage which is 0. r from the south side line and move that garage to a location meeting all setback requirements. The requested variances to allow a side setback of 9.5 ’ on both the north and south side lot lines where a 10 ’ side setback is normally required, are justified by the elimination of the existing 1.6 ’ south side setback by replacing that structure with a new structure meeting 95% of the required setback instead of the existing 16%, and said setback variances arc further justified by the negative impact on room sizes and house layout if the variances are not granted, and tlie improved location of the residence in relation to lot lines provides funher overall justification for the setback variances. Pace 2 of 7 F. G. A hardcover variances in the 0*75’ zone is not justified since the removal of existing residence and deck allows for die replacement of a new house and deck meeting the 75’ lakeshore setback and therefore any hardcover in the 0-75’ zone can easily be avoided. Applicant has not shown adequate hardship to justify placem#*ni of hardcover in the 0-75’ zone. Hardcover in the 75-250’ zone is proposed to increase from 24.6^ existing to 31% proposed by applicant. Moving the proposed house and deck out of the 0-75’ zone results in a final hardcover (accounting for reduced sidewalk length) of approximately 4,600 s.f. or 35.0% in the 75- 250 ’ zone. This percentage increase is justified by the hardcover elimination in the 0-75’ zone. Further, hardcover in the 250-500 ’ zone will increase from the existing 22.8% to 60% proposed by the applicant where only 30% is normally allowed, however, a hardship is the small size of the 250-500 ’ zone and the variance is justified by the concurrent removal of hardcover in the 0-75’ zone and general reconstruction of hardcover at locations further from the lake than currently exists. Overall hardcover on the property is proposed to decrease from 5,715 s.f (28.5%) to approximately 5.350 s.f. (26.7%), where the entire lot would normally be allowed 18.3% hardcover under normal hardcover limitations. 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. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessaiy to preserve a substantial property right of the applicant; and would ‘^e in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the removal of the existing residence, deck and detached garage and construction of a new residence, deck and detached garage on a lot of area 0.46 acre where a 0.50 lot area is normally rei^uired, and on a lot of width 75’ where a 100’ lot width is normally required; and grants a variance to Section 10.25, Subdivision 6 (B) to allow the new' residence strucmre and deck to be located 9.5’ from the north and south side lot lines where a 10’ side setback is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow the new residence and deck to be constructed lakeward of the defined average setback line, and grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 35.0% hardcover in the 75-250’ zone where only 25% hardcover is normally allowed, and to allow 60% hardcover in the 250-500 zone where only 30% hardcover is normally allowed, subject to the following conditions: 1.The proposed new’ residence and dec‘ shall not be located within the 0-75’ lakeshore setback zone, and no h irdwovcr .. i” N.* allowed in the 0-75’ zone. Hardcover in the 75-250’ zone shall be hnii*ed to 4,600 s.f. (35.0%) per the diagram and schedule attached as Exhibit A. Funher, hardcover in the 250-500’ zone shall be limited to 750 s.f (60.0%) per the schedule and diagram attached in Exhibit A. Applicant is advised that any future proposals to add hardcover to the properu beyond the levels approved in this resoluti- a will require an additional variance application, and might be approved only with concurrent removals of existing hardcover to result in no net hardcover increase. Authorities granted bv this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 11, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 7 5.The undersigned applicant has read, understood and hereby agrees to the terms of thk resolution and on behalf of himselt. his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of September, 1995. 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 b'Tore me on this 11th day of September, 1995, by Edward J. Callahan. Jr. & Dorothy M Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said inss;ament was e.xecuted on beha of the City. Notary Public Paee 5 of 7 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this ____day of____, 199_before me a Notary Public within and for said county, personally appeared________________________^^----;------------—- known to me to be the person(s) described in and who executed the toregoing instrument,and acknowledged that he (they) executed the samr .i ais (their) tree act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ___________. 199_ before me a Notary Public within and for said countw personally appeared_____________________________^;------------—- known to me to be the person(s) described m and who executed the foregoing mstrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day ot _______________199_ before me a Notar>- Public within and for said county, personally appeared ------------------------------^^an~;T known to me to be the person(s) described in and who e.xecuied the toregoing mstrument.and acknowlediied that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 7 PHONiNO. ^DEPARTMENT OF NATURAL RESOURCES METRO WATERS. 1200 WARNER ROAD. ST. PAUL. MN 55106 p,leno 772-7910 August 21,1999 \V' Ms. Jeanne A Mabusth Building and Zoning Administrator City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 RE: Greg L. Frazee Variance Application, Lake Minnetonka (27-133), City of Orono, Hennepin County Dear Ms. Mabusth; We have reviewed the above-referenced lakeshore setback variance and hardcover variance proposal (received August 8, 1995) 1745 Concordia Street (City #2057) and we recommend denial of the proposal for the following reasons; 1 .The proposed house is within the 75’ setback from the Ordinary High Water level (OHW) of Lake Minnetonka and does not conform with the shoreland standards adopted by the City of Orono. 2.There are reasonable alternatives available to placing the proposed house within the setback of Lake Minnetonka. An examination of the plat indicates that sites exist for structures which are outside on the 75 setback to Lake Minnetonka. 3.The proposed amount of impervious surface exceeds the percentage of impervious surface that is allowed by the shoreland standards adopted by the City of Orono. The City of Orono should work with the applicant to reduce the amount of impervious surface for this proposal. 4.Hardship must be demonstrated to justify receiving a variance. The approval of a variance due to hardship should be based on the following prereguisites. A. B. The proposed use is reasonable. It would be unreasonable to require conformance with the ordinance. Practical difficulties may arise due to 'functional and aesthetic concerns" and economic considerations alone do not constitute practical difficulty. AN EQUAL OPPORTUNITY EMPLOYER Ms. Jeanne A. Mabusth August 21, 1995 Page 2 C.The difficulty of conforming to the ordinance is due to circumstances unique to the property, such as peculiar topography. If the problem is common to a number of homes in the area, it is not considered unique. D.The problem must not be created by the landowner. E.The variance, if granted, must not alter the essential character of the locality. In accordance with the city ordinance, the Department should be advised of the action taken on this request within 10 days of final action. Thank you for the opportunity to comment on these variances. Should you have any questions please contact me at 772- 7910. Sincerely, Joe Richter Hydrologist c:City of Orono shoreland file Ed Pick, Shoreland Hydrologist Dale Homuth, Regional Hydrologist CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2057 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 8/22/95 TO:James T. NyStrom 1745 Concordia St. Wavzata, MN 55391 COPIES TO:Greg Frazee 121 W. Franklin Ave. Mpls.. xMN 55404 TYPE OF APPLICATION:Variance DATE OF MEETING: 8/21/95 VOTE:6 FOR 0 AGALNST Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1.Approve average setback variances and lot area/lot width variances. Approve hardcover variances asscKiaicd with garage/driveway relocation as proposed. 3. 4. Approve side setback variances for residence as proposed. No hardcover will be allowed in 0-75* zone. Therefore, options include: -Moving house and deck/patio further from lake (75-250 ’ final hardcover would be allowed to increase 568± s.f. to approx. 4,636.5 s.f. or 35.3% less reduced sidewalk length). Omitting deck/patio, leaving house in location that meets 75 ’ setback. 5.Hardships/Justifications for approval include magnitude of improvement as compared to e.xisting situation; decrease in overall hardcover; movement of hardcovered areas further from lake; side setback variances justified due to impact on room sizes and house layout; minimal impact or improvement in neighboring properties’ view of lake. Applicant ’s next scheduled m.eeting is confirmed as: Citv Council .Monday. September 11. 1995. meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the Citv Recorder after review- and approval by the Planning Commission. ch /D. TO:Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator : From: Date: Subject: Michael P. Gaffron, Assistant Planning & Zoning Administrator August 16, 1995 #2057 James Nystrom, 1745 Concordia Street - Variance - Public Hearing Zoning District: LR*1C. Single Family Lakeshore Residential, '/i Acre Application: Request for lot area, lot width, average setback, side setback, lakeshore setback and hardcover variances to construct a iww residence to replace existing residence. Pertinent Code Sections 1.Section 10.25, Subd. 6 (B): Required lot area .50 acre, required lot width 100’, required side vard setback 10’. 2.Section 10.22, Subd. 1: 75’ lakeshore setback required, average setback encroachment prohibited. 3.Section 10.22, Subd. 2/Section 10.56. Subd. 16 (L); Hardcover regulations. nt Facts Existing Proposed Required or Lot Area 0.46 Ac.0.46 Ac. Allowed 0.50 Ac. Min. Lot Width 75’75’100’ Min. 0-75* Hardcover 39%10.1%0% Allowed 75-250’ Hardcover 24.6%31%25% Max. 250-500’ Hardcover 22.8%60%30% Max. Side Setback (S)1.6’9.5’10’ Min. (N)25.3’9.5’10’ Min. Liike Setback: House 35’±75’75’ Min. Deck 23’±65’±75’ Min. Garage (Det.): S.Side Setback o.r 24’±10’ Min. N.Side Setback 52’±24’±10’ Min. Average setback; Existing - Entire house encroaches Proposed - Partial encroachment 2U)ning File #2057 August 16, 1995 Page 2 List of Exhibits A - B - C - D - E - F - G • H -r ' Summary Application Plat Map Property Owners ’ List Survey (Existing) Survey (Proposed/Existing) Topography/Average Setback Line Hardcover Calculations by Applicant Plan and Elevation Views ^ Mr. Nvstrom appeared before the Planning Commission in April with a proposal for additions to the existing residence, which is located 35’ from the lake and h^ a deck „3 from the lake. The Planning Commission tabled that application in order tor applicant to revise his plans. Applicant now proposes to remove the existing residence and replace it with new construction. This presents the opportunity for construction meeting all City requirements upon granting of the necessary lot area and lot width variances. Additionally, however, applicant requests a number ot variances, including: 9 5’ side setbacks instead of the required 10’. Also, the proposed 2.2 overhangs will place the drip line 7.5’ from the side lot lines where the normal 1.5' non encroachment allowance would leave the drip line 8.5 ’ from the lot line. While the house itself w'ill meet the 75’ lake>hore setback, a deck is proposed at 65’ from the shoreline. This deck results in hardcover in the 0-75’ zone where none would normally ^ allowed In the 75-250’ zone, hardcover is proposed at 31% where only -5% would nonnally be allowed. In the 250-500’ zone, relocation/reconstruction ot the detached garage and reorientation of the driveway and parking area results in an increased hardcover percentage, although the net hardcover area devoted to driveway and garage will decrease significantly. Due to the location of the neighboring house to the north, there is still technically an encroachment of the average lakeshore setback line. 1 Zoning File #2057 August 16, 1995 Page 3 Hardcover Analysis As can be seen from the following table, the overall hardcover decreases by more than 300 s.f., and substantial areas of hardcover are pulled out of the 0-75’ zone. As compared to the previous proposal to merely remodel and expand the existing residence, the new proposal is very positive. Hardcover Summary 0-75’ (Area = 5,630 s.f.) 75-250’ (Area = 13,140 s.f.) 250-500’ tArea = 1.250 s.f,) Entire lot 20.020 s.f. Existing 2,197 s.f. (39.0%) 3.223 s.f. (24.6%) 285 s.f. (22.8%) 5.715 s.f. (28.5%) Proposed 568 s.f. (10.1%) 4,069 s.f. (31.0%) 750 s.f. (60.0%) 5.387 s.f. (26.9%) Allowed 0 s.f. 3,285 s.f. (25%) 375 s.f. (30%) 3,660 s.f. (18.3%) Lot Coverage bv Structu'-o (Proposed): House Garage 1,935 s.f. 784 s.f. 2.719 s.f./20.020 = 13.6% OK (15% allowed) Note that while removal of the existing garage and construction of a new garage meeting setback requirements (with driveway revisions that decrease driveway area) is a positive, the hardcover percentage in the 250-500’ zone increases because, again, hardcover is moved into that zone from the 75-250’ zone. Hardships Whenever a lakeshore property is proposed to undergo a total reconstruction, there is an opportunity' to meet all setback and hardcover requirements. The hardship statement provided bv the applicant suggests that removal of the existing residence from the 0-75’ zone, and constructing merely'a low level deck in the 0-75’. is a vast improvement over the existing situation. The architect also notes that the location of the patio area ot the neighboring residence to the south played a part in their decision to seek the variance. Applicant should be given the opportunity to define specific hardship reasons to justify the lakeshore seiback variance. Zoning FUc #2057 August 16, 1995 Page 4 No justification has been given for the side setback variance, although the same arguments might be made, i.e. the existing house is only 1.6 from the side lot line, and the new construction will be much more conforming. Reconstruction of the garage and driveway area is positive from a hardcover and setback standpoint, and the "technicality" of a high percentage in the 250-500 setback zone is justified by the minimal area of that zone. The average setback line is defined by the neighbonng residences, the northerly of which is located quite distant from the shoreline. That residence will likely be removed and a new one constructed up to the 75’ setback line at some future date. Even if iha.‘ did occur, the proposed deck encroachment in the 0-75' zone would not necessarily tall behind the redetmed average setback line. Planning Commission must consider the long-term goal ot the City that there should be no encroachment of the 0-75’ zone, and approval of tlie current proposed encroachment would delay achievement of that goal. Finally, it should be noted that while hardcover excesses are proposed in each of the three zones, overall hardcover reduces from 28.5% to 26.9%, still slightly higher than the DNR’s 25% standard. Staff Recommendation The proposal has many positive aspects, including hardcover reductions and moving hardcover further from the lake. The improvements are especially positive as compared to the existing situation. However. Planning Commission must determine whether or not sutficient hardship and justification exists to grant the side setback, lakeshore setback and hardcover variances requested, considering that this is the City’s opportunity to start with a clean slate and require that all setback and hardcover requirements be met. Any motion for approval should clearly define which variances (in addition to the lot area/lot width/average setback variances) are recommended for approval and clearly specifying the hardship and justification for those additional variances. Isv % V'V it '•-VO ' _ 4 /'•- ■- > / ' —*'S C 'A . , r V J 1/^ *J ^ / jL'-',-r V. 'V _ 'A< r.: A ' ^ k:0k T > CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S200.00 ($50.00 per each additional vanance) Renewal Variance Fee $100.(X) (no change from original application) Variance for non-conforming strucrures S^OO.OO After-the-Fact Fees (Double application fee) L v3 T 1j : ••• « • PROPERTY INFORMATION Site Address 1745 Concordia Street Propert>’ Identification Number (P.I.D.) 17 117 ^3 22 0019 Attach legal description to application if not included on required survey. Date Property Acquired____________------------------------—-------------- I (do) (do not) also own the adjacent parcels of land. Present use of property: _X_residential ___other (specify) Zonmg District; (month'year) APPLICANT Name Greg L. Frazee Phone (home)920-2357 Phone(work)872-6849 Address;12 I W. Franklin .ivenuK City: Minneapolis_______Zip.—^^‘*^4 OUTS'FR (if different than applicant) Name James T. Nvstrom Address:1745 ''oncordia Street____City; Phond home)471-1001 Phone (work)781-349t Orono ____Zip: __ description of REC)LT:ST Estimated Construction cost S--------- ^------ Describe request in detail:VAga/^tdCE _j<6gt ^'S.T Raff- ‘ 'S»c>e.-Ser,'5‘ VARIANCES REQUIRED X Lot .Area ___Lot Width X Hardcover Lot C 'verage X Setback;Front X Side Rear X Average Lakeshore Other (specify ) compliance with Zoning Code requirements: The existing home is located within the J-75’ setback zone \ I . ^ REQUIRED SUBMITTALS V“nrr J 1. '2. 3. 4. All of the follown^ information must be sxihmittH hv th<; application da dllng jate in order for vour application to be considered complete: Completed Application Forni . •r Certified Property Owners List of ow^mers within 150’ (you must obtam hst from Hennepm County Department of Finance, A-603, Govt Center, 348-32 1). Plat Map (obtained with property' owmers list). . . , ^ ^ Certificate of Survey (signed by a licensed surveyor) and melude hardcover calculations as required. In addition, provide one (1) copy 8 A x 11 for Topographic survev (existing and proposed elevations) if any changes inexistmg grade — are proposed. In Addition, provide one (1) copy 8'A" x 11” for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8/i 1 ^ ----List of the legal names (include mantal status) of all persons with an mterest in the propertv 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. 5._ 6._ 7._ 8-_ 9._ The Applicant and Propen>' Owner mus. sign this applicanon. Please remember that jw .nnlira.im. is not complete if Ihe abo ve infomiaiimha'i ^een included, APPLICANI ’S signature u 7 The applicani hereby aarees to provide all mformation requned or requested by the Zonmg Administrator, agrees m pay add.tional fees (suff time not covered by ""Sinai fee paymem) and/or consultant expenses incurred tn review of this appitcatton, and cetttftes that the information supplied is true;4n^ecl to the best of his/her knowledge. Applicant's Signature ^Date OWNER’S SIGNATURE ~ , The owner herebv acknowledees and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes-i^finvestiganon and vejification of this request. Owner's Siitnalure __________________Uate PS:----- /' Annlicam must have all s1^bmi/tals into the City offices 25 days before the Plaiming Commission Meetinu Planning Commission Meetings are held on the third Monday of each mont . Aoplic^ts must be present at all scheduled review meetings of the Planning Comnn.ssion 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 Buildmg & Zoning Office o this change prior to the meeting 8 ••»»*•P’\*:^^trn*t ♦ \•'V *!..-•»■ NUN pATt n/tJ/HMTCN Ml iS»MENrM CaUNTV MQKRTV INPORHATION SYSTiHNKPENTY (MJERS LIST REPORT NO. PIASS401PACE 1AOOROMNEK NAHITAXPAYERNAME/AOOR SO 17-117-23 E2 OOIAOimCONCORDIA STK T OULXN A « 6 OULINKE^ OULXN A OARBARA OULXN170S CONCOROIA STNAYZATA m 5S371 5R 17-117-25 22 001701741CONCORDIA STHAR6ARET L ANTOINEHAR6ARET/RONALO ANTOIf« TRST007 SPY CLASS LANAPUS FL 35040 30 17-117-23 22 0010017SSCONCOROIA STCERALD N KLECKNERGERALD N KLECKNER1755 CONCORDIA STNAYZATA m S5301 AOOR CM«R NAME TAXPAYER NAME/AOOR 30 17-117-25 22 0010 0174S CONCOROIA ST JAMES T NYSTROM JAMES T NYSTROM 1745 CONCOROIA ST NAYZATA MN SS301 SO 17-117-23 22 0020 01725 CONCOROIA :‘.T CHARLES M OLSON CHARLES H OLSON 1725 CONCOROIA ST S NAYZATA MN 55301 30 17-117-23 22 0021 01705 CONCOROIA ST JANET JACOBSON SACHS JANET SACHS 75^5 17TM AV SO RICHFIELD MN 55423 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 56 17-117-23 22 0025 01475 CONCOROIA ST D J A 0 R SELAHSKI DONALD JOHN BELAHSXI 3617 COLORADO AVE N CRYSTAL m 55422 38 17-117-25 22 0027 01740 CONCOROIA ST N 0 NOLO A S L HOLD HINTON 0 NOLO 12300 MARION LA H MINNETONKA ft!55305 38 17-117-25 22 0028 01750 C(»COROIA ST PAUL J BOZONIE PAUL J BOZONIE 1755 FACERNES3 POINT RO OROrX) MN 55371 PROP AOOR OHNER NAME TAXPAYER r:AMC/ADDR 38 17-117-25 22 0030 01740 COLLCOROIA ST 0 J BELAHSKI ADC BELAHSKI OAVID J A OAVNA C BELAHSKI 1740 CONCOROIA ST NAYZATA m 55571 38 17-117-23 22 0031 01475 CONCOROIA ST P HERNDON/K ORTMEIER-HERNOOH PAUL L HERLLOON 140 CARLS0L4 PKHY ilOl MINL4ET0NKA m 55305 I , TOTAL BATCH 501 00011 ••• i : 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACClffiATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEW4EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY KNOHLEDGE AND BELIEF. . > DATE REPORT NO. PIRS5401 PAGE 1 L7-25 22 0018 :ONCOROXA ST KLECKNER KLECKNER :ORDIA ST MN 55591 17-23 22 0021 CONCOROIA ST COaSON SACHS CHS AV SO NN 55923 L17-23 22 0028 CONCORDIA ST )OZOt<IE SOZONIE SERNESS POINT RO 55391 9ATCH lURATE AND TRUE ;S DATE ON THE RECORDS FAXATION, TO THE BEST Q O O LU UJrq- > Q < X CO ■o f- cn LL O LU DC O o < CO LU LU LL U_ O O CO Q LL O O CO LUzz > z oo z Q. LUzz LU X k \l&. sere H4S CoviioiaoiA hardco \tr calculation worksheet SETBACK ZONE: (CIRCLE ONE) VYT«mNC HARDCOVER IN ZONE A.House_______________* 75-250’ WKltfi B.Garage C.Driveway D.Sidewalk STSPS E.PatioiDeck " (cawcJ) F.Landscape Uadcriain By Plastic G.OUic: X X X X X X X X X TOTAL HARDCOVER IN ZONE total property area in zone c . ^ a t ICO •'•—^■ ppnPO^FD H^PnrovTR LN ZONE A. House ---------------------------------------------- Ung'.“. X X X B Garage C.Dnve'.vay D Sulewalk E.Pano.'Deck F.Laadscape Underlain By Plastic X X X r w X X X X G.0±cr total h .ardcover in zone total ""B St.EO.O n 100 A ' :5-£00’500-1000’ S.F. m S.F. s S.F. S.F. O O S.F. rt.o S.F. ss S.F. S.F. lo.o S.F. Z^T.O S.F. -SF. as 0,0 S.F SB S.F. -S.F. 3a.<3 S.F. Z, 1H*7 .O S.F. S.F. _3'=1.C2- 0.0 S.F. SB S.F —S.F. -g ■S.F. rnSm 0.0 S F. 0.0 S.F _S.F. 0.0 S F. —S.F. 5^,a.o S.F. SE S.F 0.0 S.F. -S.F -----------S.F 0.0 S.F S(=&.0_ S.F lO.Ofe % A B A B H49 . ___ hardcover calculation worksheet SETBACK ZONE: (CIRCLE ONE)0-75’ pyiSTING hardcover in zone A.House _______________* Lenfxh X X X B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape ______ Underlain _____ By Plastic _____ va Jai-a- G.Other ______ X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _3^233^ - 3 PROPOSED HaRDCQVTIR (N ZQN£ A. House ______------------ Lcri'J B.Garage C.Dnveway D.Sidewalk E.Patio/Deck F.Landscape Underlain Bv Plastic X X X X X X G.Other________ 25-500’ Wkllft I3>, i4<s> -0 X 100 = wiua s SB total h .ardcover in zone total B >00 = A 500-1000’ 133.0 s.F. S.F. S.F. S.F. ^2-.<2>S.F 2.cno o s.F. S.F. 4300 S.F. " S F. S F. S.F. S.F, S.F S.F 9S.O S.F ,^.Z33.0 S.F 13.lAo .O S.F 24 1.434.9 S.F S.F S.F S.F 7g4/0 S F ScB o S.F S.F 44o.o s.F ■S F 244.0S.F S.F 0.0 S.F S.F S.F £6.0 s.F 4 Oh& G S.F 13.140.0 S.F 2«Oflb % A B A B I t C • |“14^ hardcover calculation \v orksheet SETBACK ZONE: (CIRCLE ONE) 0-T5’ firr.sTiNG hardcove r in zone A.House _______________^ Lesg^ B.Carafe C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic X X X X X X X X X T X X G.Other PROPOSED HARDCQVKR IN ZONE A.House______________ LenfJi B.Garage C.Driveway D.Sidewalk E.Paiio/Dcck _ F.Landscape Underlain Bv Plastic G.Other X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE *TSb.O -B 75-250’ wiee» TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ Z<g)g.o -3 \ ZS0_0 ^ 100 = Wid* X 100 500-1000’ 0.0 S.F. S.F. S.F. S.F, O-C S.F Zgs.o S.F. S.F O Q-S F S.F 0.0 S.F S F O O S.F S.F S F OO SF O S F .2,90.0 S.F 22..SO % 0.0 S.F. S F S F S.F 0.0 SF ISb.o S.F " S.F C.O S.F S.F 0.0 S.F " S.F C.O SF S.F S.F Oo S.F S.F j,29o.O~ S.F foO OO % A B A B # pp 4.u ^ >S'V •■ T ■n !I “I I i +\ ?! ta }i € 33p»3CIl93aJ UlOIXSJsN -----n : I 1! 1 t f —4J / i / / ____________________II 1 1 1 1 1 \ ! >1 1 n 1 H || 1 f 1 1 i 11 !□ 1 1 I 4' ' ’V 1C lAir > 1 1 t 5: ■ n ■ li ? i 1 } f I ( -I * j ?c < •• * ./' *.L Vv. * .:■>; ■ '■’ 7/ /■ 4l Vl s $.^i > 1» •4« tj) $------# lO o 0, tr J.- - . p - L_ j 1- - J 1 1 / lA' S""..TV _____________! . ---------------1 Lj:i t >1 4) t__ i__ / / / ■ ,»o« i < fi i> (> ( •t# 1 / / • -s^; 0 0 ■■fC " •>r' r'- • ■■..:•• •- S \L,s :t \j *€' S. ' (? ii “; v :: 5 (9 ii "9i to /\ hi"* J ■V - ■?4-/' V- fci_JL-1.J LJ 1 n II 5 rinif / 11111 [^ 5 ci ii » 1 I LI I fl 11 * 1 > r i I rr \> LLU A J-J I 1 I L ti 7- 4'i' ai ii » 1 P f ■■’ ,., '• ( ^ Jf, ferl \J if TT - 4 — -n - -U ii \ .,-j:L^z=zi — 1 — • ——11 i -n ii f"*3 CCS S-- 1 il € r ^ (#9 - i^20l4 James Nystrora - Continued) j j . »,w. Anniicaiion »2014 to allow time for new plans Peterson moved, Nolan seconded, to table App to be drawn. Ayes 7, Nays 0. SKETCH PLAN REVIEWS (#,0) «006 JAMES BRICE. 565 LEAF STREET - SKETCH PL.VN/SUBDI\TSIO> James Bruce was present . (T of the Stielow Addition. This property This sketch plan is for a 3-lot suodivision ° f o 1 acres from an adjacent consists of 5.9 acres, and the applicant property is within the neighbor to meet the area requfremeru. i a stubs are now in, and one ML^A. and seucr .a avadable 6cm would be additional connecnon would be ^ ^e located near the shared lot lines, required and would encroach lots - ivailable as property is served with credit for the wetlands u^pact on the Nolan asked the appUcant what is In Sf^hem wooded ar^a. and The appUcant said he telt «ked for clari6cation on the drainage easement could be ^ „p against the setback. CLT> for thLubditasion would .e required if drainageway ts relocated. Rowlette asked if there was any lake view on this property. The applicant said that foete was a minimal view in the wintertime. vr K Rth <uiid if the miesthouse were *0 remain as a separate residence, the applicant "oTe the area standard for a ,. ^ouse would not be met. The access to the property was discussed as tw to^i^^t^cuUot 3 ^n half n X'co^gt sation .. lot 3 and taking the portion of the dnveway out of the west side of lot 2. r:') The Rcb«x Wolfe's inquired if any u« rocf line is below the tree line. Lon Line noted tha add more if necessarv- N'cian n.oved, L— seconded, .o and hardcover vanance in the /. ^ ^ ^ noted in the .he design n,,,iga,.ng .esma.ons The ^ ™,c,pal. asStaff recommendations- .ayes 6, Nays l.Roule..e,voteoma. y haidcover vanance is required for new construction (#9) «2014 JA.MES NYSTROM. 1745 CONCORDU STREET - V,\KL\NCES PUBLIC hearing 3:£9-9::0 P..M. The Certificate of Mading and Affidavit of Publicauon were noted. Mr, Nystrom was present and represented by his architea. Greg Fraaee. “:iS 1.6’ from the same side lot line. win ^ecnfetre'liSn^^^^ pSemS^'flee' no^dffia.'.he imprcvements ^ I,' thr* rnofline of the existinc house. The upper level improvements arc aor a ;r:--—»»"■ change wou of the hou- Rowlette commented that there are problems necessarv' Fnzee asked for commission's comments on the hardcover in the 75-:50' zone. Lindquist said the area needs to be measured out and figured for reductions. Structure could be moved. 8 r.-rts REQUEST FOR COUNCIL ACTION ^■9.0 ^99s DATE: Septembers, 1995 ITEM NO.: //• Department Approval: Name Jeanne A. Mabusih Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2033 Donald and Arlene Kielley, 1670 Shadywood Road - Variances Resolution Status of Application Three of the five member Council voted conceptually to approve the addition to the principal structure at 361.75 s.f. subject to the existing detached garage located 7* within the County right-of-wav being relocated out of the right-of-way. The garage is being moved approximately 9.7’ to the east and will be located 3.3’ from the second detached garage 2.6 from street lot line. The structure will remain at 3'/^’ from the north side lot line. A second directive of the Council was that in order to compensate for the increase m the structural coverage of 1 % by moving of the 20’x24 ’ structure within boundaries of property that a minimum of 140 s.f. of paving hardcover was to be removed. Review the enclosed sue plan, applicant proposes removal of 253.6 s.f. of paving improvements. The following reflects the variances to pertinent ordinances as amended by the Council recommendation: Section 10.03. Subd. 14 (C) - Structural coverage variances Total lot area = 14,500 s.f. Allowed = 2.175 s.f. or 15% Proposed = 2.755.7 s.f. or 19% Variance = 580.7 s.f. or 4% Section 10.22. Subd. 2 - Hardcover 75-250’ = 9,820 s.f. Allowed = 2.455 s.f. or 25% Existing = 5.073 s.f. or 51.6% Original proposal = 4.183 s.f. or 42.6% Amended proposal = 4.007.4 s.f. or 40.8% Variance = 1.552.4 s.f. or 15.8% Reduction = 1.065.6 s.f. or 10.8% m Request for CouncE Action continued page 2 of 2 September 8, 1995 Zoning File #2033 Section 10.25, Subd. 6 (B) - Side setback variance Required *» 10* Existing = 8" Proposed = 6’ Variance = 4 ’ or 40% Additional Variances Created with Moving of Accessorj* Structure (In Addition to the Increase in Structural Coverage) Section 10.25, Subd. 6 (B), side setback for newly relocated garage Required = 10’ Existing = 3.5' Proposed = 3.5’ Variance = 6.5* or 65% Section 10.03, Subd. 9 (D) - Street setback variance Required = 10’ Existing = -7.1’ Proposed = 2.6’ Variance = 7.4 ’ or 74% Section 10.03, Subd. 12 - Separation setback Required = 10’ Proposed = 3.3’ Variance = 6.7’ or 67% The enclosed resolution has been redrafted to reflect new variances required for the amended proposal. COLTS’CIL ACTION KEQLLSl'ED; To adopt the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDrV'ISIONS 9 (D), 12 AND 14 (C); SECTION 10.22, SUBDIVTSION 2; ANT) SECTION 10.25, SUBDIVISION 6 (B) FILE #2033 WHEREAS, Donald R. Kielley and Arlene Kielley (hereinafter "the applicants") are owners of the property located at 1670 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: The South 2’ of Lot 7 and all of Lot 8. Shadywood. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.03. Subdivisions 9 (D). 12 and 14 (C); 10.22. Subdivision 2; and 10.25. Subdivision 6 (B) to permit construction of an addition at 361.75 s.t. to the street side of the existing residence to be placed 6’ from the north side lot line where a 10 setback is required and "where the existing structure is located 8" from the lot line. The 20.1 x24.2 detached earace shall be relocated within boundaries of property and will be placed ..6 from the street "lot line where a 10 ’ setback is required and where the garage encroaches the County Road by 7 r The sarace will also be placed 3.3’ from a second accessory structure where a 10" setback separation is"required and 3.5" from the nonh side lot line where the garage had existed 3 5’ from the north lot line. The improvement will result in a structural coverage excess of 580 7 s f or 4% for a total of 2.755.7 s.f. or 19% where 15% is allowed and 15.6% exists and a hardcover variance within the 75-250’ setback area of 1.552.4 s.f. or 15.8% with total hardcover of at 4.007.4 s.f. or 40.8% where 25% is allowed and 51.6% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS This application was reviewed as Zoning File #2033. Page 1 of 6 2. 3. B. C. The property is located in the LR-IC. Lakeshore Residential Zoning District requiring .5 acre or 21.780 s.f. The property consists of 14,500 s.f. or .33 acres. The Orono Planning Commission reviewed this application on July 17, 1995, jmd recommended approval of the variances as amended based upon the following unique findings and hardships; A. Limitations on the lot area and width of propeny cannot be remedied because there is no adjacent undeveloped lands available tor combination. Location of home on adjacent property to the north will minimize any impact of the substandard side setback. Majority of the lot e.xcept for the last 20’ adjacent to the shoreline is flat. There are extensive grassed areas to allow- for drainage to run over lawn areas before entering lake. 505 s.f. of new structure will be offset by being placed over approximately 189.5 s.f. of existing pavement and landscape areas underlain with plastic. The residence struemre has no basement area. The two detached garages on the property are also used for residential storage. In 1982, the City granted setback and hardcover variances for the second garage on the property. The property is served by municipal sewer and water. The proposed improvement will result in a reduction ot hardcover within the 0-75’ setback area at 225 s.f. or 4.8% and in the 75-250’ setback area there is a reduction ot 1,065.6 s.f. or 10.8%>. E. F. G H Paae 2 of 6 • / 4. The City Council finds that the conditions existing on this property' are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely atfect tralfic 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 preserxe a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommcnuations c*" »he 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 tindings. the Orono City Council hereby grants variances to Municipal Zoning Code Sections noted above to permit construction ot a 361.75 s.f. addition to the street side of the existing residence, grants a lot coverage variance of 580.7 s.f. or 4%, hardcover variance within the 75 -250’ setback of 1,552.4 s.t. or 15.8%, a side setback variance of 4’ or 40% for the addition to the principal structure and for relocatir.'i of the detached garage the City grants separation setback variance of 6.7 ’ or 67%, a street setback variance of 7.4’ or 74% and a side setback variance ot 6.5 or 65 /c. This approval is subject to the following conditions; I All hardcover improvements scheduled for removal and as shown on Page 6 of this resolution shall be completed prior to the footing inspection for new construction. 2. The area between the detached garages shall be cleared of all hardcover improvements and replanted with grass or other suitable ground eover. 3. .Applicants and future owners are placed on notice that any future requests for sirucmral additions to the residence, accessory structures or additions to existing accessory' structures may be approved only with matching or greater removals of existing structural improvements on the property. Page 3 of 6 % » 4. 5. 6. 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 (September 11, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and h'^reby 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 Oiono City Council on this 11th day of September, 1995. ATTEST: Dorothy M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Propeny Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day of September. 1995. by Edward J. Callahan. Jr. & Dorothy M Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notarv Public Page 4 of 6 r’ i * • STATE 01 MINNESOTA ) ) ss. COIMY OF HENNEPIN ) On this day of , 199 before me a Notaiy Public within ind for said county, personally appeared____________________ _ ----^----------------- known to me to be the person(s) described in and who executed the foregoing instrumcnl.and acknowledged that he (they) executed the same as his (their) free act aiKl deed. NOTARY PUBLIC STATE OF MINNI-SOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of . 199 before me a Notary Public within and for said county, pe- .onally appeared..................................................................................... known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledued that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 tt> oz ... ^ 0 o tp fd 04 oc Voo • »•» • ^ r • or Ml '-.t <: YF D CrJ^Xlir^EETlNG HEQUEST FOR COUNCIL ACTION SEP 1 I 1995 cmroFORONO DATE: Sept. 5. 1995 ITEM NO: / Department Approval: Name Ron Moorse Title Citv Adnunisiraior Administrator Reviewed:Agenda Section: City Vdmlnistrator ’s Report Item D^ription: Adoption of Preliminary 1996 Budget and Tax T Attachments: 1. 2. Resolution Adopting the Tax Levx’ Required to Fund the 1996 Budget Proposed 1996 General Fund Budget Expenditures and Revenues Background State law requires cities to tdopt a preliminary budget an tax lev\' by September 15 ot each year. The levy approved as of this date will be reflected in the Truth In Taxation information provided to all property owners. This levy can not be increased but can be reduced prior to final budget adoption after the Truth In Taxation hearings in December. The budget itself can also be changed during this same time period. Proposed 1996 Budget The proposed 1996 budget is fiscally ctniserv ative in that it maintains current serv ice levels while addressing a number of long term fiscal issues. These issues include: 1. 3. 4. Funding for infrastructure (replacement of roads and bridges, a.id storm water drainage projects). Funding for a storm water management plan. Establishment of funding reserves for potential State HACA Aid reduction. Establishment of funding reserves for potential loss of revenue related to contracted services provided by the city. Expenditures and Tax l^vv The proposed 1996 General Fund Expenditures, those with the greatest impact on the ux levy, do not require a tax levy increase. P'-oposed General Fund Expenditures are $3,347,755. Tliis is an increase of $102,740 or 3.17% over the 1995 e.xpenditure amount. The tax levy required to fund the total 1996 budget is .s2.080,840. This is an increase ot $64,670 or 3.21% over the 1995 levy. The major rea.son for the tax levy increase is the establishment of a $40,000 levy for infrastructure replacement (road, bridges, and storm water drainace). Because of a significant increase in the city ’s tax base, the proposed tax levy will result in a reduction in the city ’s tax capacity rate from 15.604% to 14 843%. This will enable Orono ’s tax rate to remain one of the lowest in Hennepin County. A RESOLUTION ADOPTING THE PROPOSED 1995 TAX LEVY COLLECTIBLE IN 1996 BE IT RESOLVED, by the City council of the City of Orono, County of Hennepin, Miniasota, that the following sums; as reduced by HACA. be levied for the current year, collectible in 1996 upon the axable property in the City of Orono, for the following purposes: General - Operating - Infrastructure Replacement $1,647,940 40.000 TOTAL GENERAL LEVY G.O. Sewer Improvement Bond 1992 24,000 G.O. Sewer Improvement Bond 1985 46,000 G.O. Sewer, Water, Street Improvement Bond 1982 4,500 G.O. Water & Sewer Reven”* Bond 1989 90,000 Bonds of Other Government Units - H.R.A. Building Bond 1991 228,400 $1,687,940 TOTAL SPECIAL LEVIES TOTAL ALL LEVIES 392,900 ,^2.080.840 The Cit>’ Clerk is hereby instructed to transmit a cenified copy of this resolution to the County Auditor of Hennepin County. Minnesota. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held .September 11. 1995. ATTEST: Edward J. Callahan, Jr.. Mayor Dorothy M. Halim. City Clerk I k ■ A RESOLUTION TO ADOPT THE PROPOSED 1996 BUDGET BE IT RESOLVED, by the City Council of the City of Orono. County of Hennepin, Minnesota that the proposed 1996 General Fund budget is determined to be as follows: HSTTMATED RFVF.NUES Taxes - General Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Interest Income Miscellaneous Transfers From Other Funds Use of Fund Balance TOTAu PROPOSED EXPENDITURES General Government Public Safety Street Maircenance Parks and Recreation Recycling Program Engineering - Unallocated Reimbursable Expenditures Special Projects and Contingency Transfers To Other Funds TOTAL $1,647,940 185,000 442,630 915,470 61,200 59,285 36,230 -0- _ _ _ _ _-0- $3,347,755 744,425 759,195 482,960 51,870 76,155 15,130 41 58 850 670 97.500 $3.347.755 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September II, 1995. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk ^%/f REQUEST FOR COUNCIL ACTION DATE: Septem^?3f ITEM NO: / > V 'V', Department Approval:Administrator Re\icHed:Agenda .Section: Name Ron Moorse City Administrator's Title City Administrator Report Item Description: Establishment of Dates for the Truth In Taxation Hearings Attachment: Calendar of Dates Available for Truth In Taxation Hearings The City is required to select dates for an initial Truth in Taxation hearing, and for a con tinuation hearina. Based on the available dates, it is staffs recommendation to set the initial public hearing for 7:00 P.M. on Wednesday. November 29. 1995 at the City Council Chambers, and to set the reconvened hearing for 7:00 P.M. on Wednesday, December 6. 1995 at the City Council Chambers, if a reconvened hearing is required. The final tax levy payable in 1996 and the 1996 budget will then be adopted at a subsequent hearing to be held at 7:00 P.M. on Monday, December 11, 1995, prior to the regular council meeting on that date. COUNCIL ACTION REQUESTED: Motion to set the initial Truth In Taxation public hearing for 7:00 P.M.. Wednesday, November 29, 1995. at the Orono council chambers, and to set the reconvened hearing, if required, for 7:00 P.M., Wednesday, December 6. 1995. at the Orono council chambers. o o o SUNDAY tAm MONPAY I' fUfSpAY WEDNESDAY | THM|}|JPAY 1 ^ A/;-I «« j : /, , ^ ^ r -r ? FRWAY SATURPl^Y • /> f‘ ' IV K/f • * DFrrHMRER 1995 • ;> I »fhfi 11«; A RCOUEST FOR IRCXL RCTIOR COUNCIL MEETING DRTE ! S«ptaiiib«i^ ?, 9 XTEMRO: /.yCflYOfORONO MpartMat Approval: itaMt Gary Ch«swick Titlet Chief Administrator Revised Agenda Section City Adain. Rpt. Xtem Description: 1996 Ford Crown Victoria letter of intent to purchase Exhibits: I am re<{uesting approval to send a letter to Superior Ford with the intent to purchase two 1996 Ford Crown Victoria's. These two 1996 squad cars are budgeted for and are to replace two old car's with 100,000 mile on them. This request is due to the restrictive number of vehicle's being built, and the possibility of a cost increase. Chevrolet Motor Company is no longer manufacturing full size car's and based on information received. Ford Motor Company, the last manufacturer of rear wheel drive cars, will be unable to meet the increased demand for squad car's and the cost that goes with supply and demand. COUMCIL ACTION REQUESTED: Approval of letter to be sent foPM/councI l.act REQUEST FOR COUNCIL ACTION ' ‘ 1 ■ err. ifrv,,,J995 DATE: Sept. 5,* ITEM NO: Administrator Reviewed:.Agenda Section: City AdmimstratorS Report Depardnrat Approval: Name Ron Moone Title City Admuustraior Item Description: Scheduling of a Public Information Meeting Regarding Plans for Rehabilitation of the Bracketts Point Curve At its August 28 meeting the Council detennined that a public information meeting should be held to review the preliminary design for the rehabilitation of the Bracketts Point curve roadway with the affected property owners. Staff recommends the public information meeting be scheduled for the week o^ September 25 or October 1. to allow sufficient notice to the property owners. This would also enable the Council to make a determination as to whether to authorize the County to mo.e ahead with more detailed plans at the October 9 Council meeting. COUNCIL ACTION REQUESTED; .Motion to set a date and time for a public information meeting to enable the affected property owners to review the preliminary' plans for the rehabilitation of Bracketts Point curve. c:*j.\'Ciiu:;iETiiJG SEP 1 1 1995 REQUEST FOR COUNCIL ACTION g|ry jjp p||g|yg DATE: September 5. 1995 ITEM NO.: / (_ Departinent Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Extend Moratorium - Approval of Preliminary Subdivisions Using Private Driveways Serving Three or More Residences Ordinance #138. 2nd Series, established a two month moratorium on the granting of preliminary subdivision approval or other permits and approval for private driveways which serve three or more residences. That moratorium expires September 11. 1995 unless it is extended by ordinance. The Council referred the matter to the Planning Commission to initiate a study regarding the implications of the current ordinances governing private driveways seiving three or more residences, and the potential need for amendments to the code to implement the results of the study. While the Planning Commission met to discuss this issue prior to the moratoriam. a study has not been completed and likely will not proceed until after the scheduled October 12th joint work session. Therefore it would be appropriate to extend the moratorium for an additional period of time. Staff would recommend a six month extension, to March 11, 1996 per the attached ordinance. COUNCIL ACTION REQUESTED: Adopt Ordinance #2nd Series, to extend the moratorium established in Ordinance #138, 2nd Series, prohibiting the granting of preliminaiy subdivision approval or other permits and approval for private driveways which serve three or more residences. Proposed motion; Moved by seconded bv to adopt Ordinance # . 2nd Series, an ordinance to extend the moratorium established in Ordinance #138. 2nd Sei^s, prohibiting the granting of preliminary subdivision .pproval or other permits and approval for private drveways which serve three or more residences. \ .* e; _____ayes. navs. ORDINANCE #, 2ND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCE #138, 2ND SERIES, PROHIBITING THE GIUUNTLNG OF PRELIMINARY SUBDIVISION APPROVAL OR OTHER PERMITS AND APPROVAL FOR PRIVATE DRIVEWAYS WHICH SERVE THREE OR MORE RESIDENCES. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. . 2nd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for private driveways which serve three or more residences. Such applications may arise in the context of new development or of rearrangements of existing developments. It appears to the Council that the consequences of allowing such private drives may be undesirable, and may generate funire problems for the safety and welfare of the City residents. The Council, therefore, finds that it is necessary to study the impact of applications under Zoning codes Section 10.02; 10.03. subd. 8; and 10.60, subd. 16; and of applications which may also implicate the City’s Subdivision Code Sections 11.03; 11.10; 11.32; and 11.33 that would allow such roads. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a studv has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public cuidelines to future City action. Since enactment of an amendment to the code would undoubtedly modifv existing regulations concerning permitted land use and zoning pertormance standards, the granting of preliminarv ’ approval of subdivision applications or other permits for private drivew-ays serving three or more residences would be contrarv ’ to the purpose of the zoning enabling act. Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council ’s authority to grant preliminary approval to subdivision applications and for private roads and driveways outside of the subdivision context shall not be exercised during the limited terms of this Ordinance, except as provided in Section 5. SECTION 2. Study. The City Council on July 24, 1995 adopted Ordinance #158. 2nd *^'-ries which initiated a study regarding the implication of its current ordinances governi ’i- 'i\s rt driveways to serve three or more residences and the potential need for amendmci.iN .o rhe city code to implement the results of that study. This study is currently underway but has not been completed. Page 1 of 2 SECTION 3. Extension of Interim Ordinance. The Cit> Council finds that it would be unwise, improper and unjust to grant preliminary' subdivision approval or other permits and approval for private drivew'ays which serve three or more residences as noted above until the study as provided in Section 2 has been completed. Section 4 ot Ordinance #138, 2nd Series allows the duration of said Ordinance to be extended by adoption ot a subsequent ordinance for up to 18 additional months after the September 11, 1995 expiration date. Therefore, the City Council hereby extends the interim Ordinance per the provisions of Section 5 below. SECTION 4. Restrictioas on the Granting of Preliminary Subdivision ApEroyaJ and Building Permits. No preliminary subdivision approval shall be given by the Council for any subdivision or building permit for which application has not already been made tor private driveways to serve three or more residences. SECTION 5. Duration . This Ordinance shall expire on March 11, 1996, without Council action, or it may be repealed earlier if the Council detennines that the requisite smdies have been completed and adopted and the appropriate evaluation and action including any necessary revisions of the zoning code, have been finalized. The duration ot this Ordinance may be extended by adoption of a subsequent Ordinance for a total ot not more than 12 additional months. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the comprehensive community management plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separabilirs'. Every' section, provision, or pan of this Ordinance is declared separable from every other section, provision, or pan; and if any section, provision, or pan thereof or action taken hereunder shall be held invalid, it shall not atfect any other section, provision, or part. SECTION 8. This Ordinance shall be published in the THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Oiono on the 11th day of September, 1995. by a vote of_____ayes and _____nays. ATTEST: Dorothv M. Hallin. City Clerk Edward J. Callahan, Jr., Mayor Pace 2 of 2 REQUEST FOR COUNCIL ACTION Crrv * I995Or Department Approval: Name John R. Gerhardson Title Public Works Director Adininistrator Reviewed: DATE: Septemt>er d. 1995'7 ITEM NO.; Agenda Section: Public Works Item Description: Park Benches - Boy Scout Volunteers Jason Christensen, 1251 Brown Road South, is acquiring his Ivigle Badge for Boy Scouts. Jason has volunteered to build and install benches in the Cr>stal Bay I'layground and in other City parks as part of the requirements of getting his Eagle Badge. Tlie City would purchase the material to build the benches and Jason and other Boy Scouts would assist in the construction and installation. The cost of materials amounts to $55.00 per bench. Jason feels that a worthwhile project would be to build and install six benches. This matter was presented to the Park Commission on September 5, 1995 and wa.s unanimously approved. It is recommended t<» purenase materials for six park benches and to have Jason Christensen construct and instaU the hctKlies as part of his requirements to acquire his Eagle Badge for Boy Scouts. COUNCIL ACTION REQUESTED: Motion, to authorize Jason Christensen to build and install six park benches at a cost of $330, to be appropriated from the Park Fund, with a budget adjustment of the same amount. ch .1 MEEDlVe REQUEST FOR COUNCIL ACTION ’ 1 1995 PJ^. ^moNoDATE: Sept, ITEM NO: // Department Approval: NaoM Dorothy Hallin Thie Citv Clerk Administrator Reviewed: A/4___ Agenda Section: City Administrator's Report Item Description: Establish Date for Off-Sale Liquor License Public Hearing Attachment A. B. Memo from Acting Police Chief Cheswick Dated 9/5/95 Council Memo Dated 6/7/95 Anh^jlmf 12 meeting Council directed staff to proceed with the background investigation and bring the results back to the Council prior to scheduling a public hearuig. The background investication has now been completed (Attachment A). Establish a Public Hearing . Tlie Council needs to establish a date for the public hearing regarding this application. Ihis public hearing must be held within 30 days of the police report and must be published as a legal notice at least 10 days prior to the hearing and contain the following inlormation: 1. 2. 3. 4. Date, time and place, name of applicant, place where business is to be conducted, any other information the Council may direct In order to meet the 30 day requirement, the date and time ot the public hearing must be selected at either the September 11 or 25 Council meeting, with the public hearing in October. The notice would be published the following Monday and the hearing could not be held until the required 10 days had passed. If the Council takes action at the September 11 meeting, the hearing could he scheduled for the October 9 Council meeting. COL2SCIL ACTION REQl ESTKI): Motion to establish a public hearing on at p.m. in the Orono Council Chambers, 2780 Kelley Parkway, to consider an off-sale liquor license application. REQUEST FOR COUNCIL ACTION DATE: June 7. 1995 ITEM NO: / C Department Approval: Name Dorothy Hailin Title City Clerk Item Description: Request for Off-Sale Liquor License THIS ITEM WAS CONTINUED AT THE JUNE 12th COUNCIL MEETING Attachment: 1. Memo to City Administrator Dated March 30. 1995 2. Copy of Plat Map Indicating Property Location ,\n applicaiion has been received for an off-sale liquor license at the Orono Shopping Center, 2160 Wayzata Boulevard. A^brie^d^cnption of the initial licensing process according to the city code is as lollows: 1. Application is made upon forms prescribed by the city. 2. Payment ot investigation tee. 3 Background investigation by Orono Police Department. 4 WithFn 30 days of the police report and recommendation a public heanng must ^ scheduled Published notice of the hearing must be made at least 10 days pnor to the heanng giving the date, time and place of the heanng. name of applicant, place where business is to be conducted and any other information the Council may direct. 5 The Council mav approve the application for the remainder of the license year. Upon rejection of anv application for a license, or upon withdrawal of an application betore apVoval of the issuance by the Council, the license fee shall be refunded to the applicant. The applicant has completed the ptoper forms and paid 5150.00. The background investigation has not been started as ot this date. The Citv Code authorizes a ma.Kimum of two off-sale licenses to be issued in the city. Currently ^ r ' cr. hi^ been issued This is for Navarre Liquors located in Navarre. The code also ^"rcams that no off-sale establishment may be located closer than 1/2 mile from the ott-sale n"re^ e liaised ^ t^e citv of Orono. The location of the proposed off-sale liquor operation Lee^ thl ordinance requirements. However, there is an off-sale liquor establishment located long Uke on the south side of Highway 12 almost directly across from the proposed location. Reifiiest for Council Action continued! page 2 of 2 June 9, 1995 Request for Off-Sale Liquor License As the licensing process outlined above indicates, the license review process ^ background investigation by the Police Department, then a public hearing held within 30 days of the police reponr Because the Council has not had to consider issues related to otf-sale liquor licensing in recent vears, the Council may wish to discuss these at a work session or ^a CouncU meeting prior to moving ahead with the Orono Shopping Center application. The Council could plan to do this during the time the Police Department is complctmg its backgroun ^ investigation, unless the CouncU has concerns regarding the application that are sigmficant enough that they should be addressed prior to the initiation of the background investigation. COUNCIL ACTION REQLTSTED: Motion to direct staff to proceed with the background investigation and to bring the results of the investigation back to the Council for the scheduling ot a public hearing. '■yr'- TO:Ron Moorsc. Cicy Administrator FROM: Dorothy Hallin. Cicy Clerk DATE:March 30. 1995 SUBJECT: Pendmg Appiicaiionion by -iVimin Wenr tor Off-SniJ Liquor License On March 23th the City received an Wayaata Boulevard Wear to obtain an off-sale liquor Ucense at nts property located (Orono Shopping Center). U re-uir-Tents for an off-sale liquor establishment and the This property meets the zoning requirements following criteria in the cir>' code: grades kindergarten through 1-th grad-. Section 4.31. Subd. 21. No a°mn>^mum ofAVort^^^ located in Navarre.) f ru, inir-al licensm- process according to the citv ’ code is as follows:A brief description ot die initial lice. = p 1. Application is made upon forms prescnbed by the City. 2. Payment of investigation tee. 3. Background investigation by Orono Police Depamnent. ... .. rtf rhf ooUce teoort and recommendation a public bearing must be 4. Within 30 days 01 *= „„st be made at least 10 days pnor to the scheduled, of the hearing, name of applicant, place where conducted and any other imbrmation the Council may direct. 5. The Council may oTuoon'wdSrawaT oTai'application befme Sproval of “x tslce b^ the c'ouncd, the Ucense fee shall be rehtnded to the applicant. , . „,_...r.riv 'na5 two off-sale liquor establishments on Highway I-* The City of ° j Njj igo5 Wavzata Boulevard and Liquor Bam. 2067 Wayzaia Slelfmd Bo* W th«e establishm.:-ts are located on the south side ot Highway U. e AjI3IM 5661 T T d3S nNII33Wipn03 Scot. 7. 1995 REQUEST FOR COUNCIL ACTION DATE: Sept ITEM NO: Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: Licenses Gambling Permit Resolution Multiple Sclerosis Minneapolis Chapter @ Jimmies Lounge 3380 Shoreline Drive Special Event Permit Parade of Homes Stickney «&. Schwartz Builders Inc. 2905 Deer Run Trail Sept 9 - 24th Weekdays 3 - 8 p.m. W^el^:ends noon - 6 p.m. Brico Development. Inc. 1205 Lakeview Avenue Sept 9 - 24ih Weekdays 3 - 8 p.m. Weekends noon - 6 p.m. COL^CIL ACTION REQUESTED Motion to approve above listed licenses. ' I ii. A RESOLUTION GRANTING GAMBLING PERMIT FOR JIMMIES LOUNGE LOCATED AT 3380 SHORELINE DRIVE BE IT RES0L\T:D, the City of Orono agrees to approve the gambling permit application for the Minnesota Multiple Sclerosis Society for operations at Jimmies Lounge, 3380 Shoreline Drive. The above listed resolution was moved by and duly seconded by__________________________ The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: The above resolution was duly adopted on September 11, 1995. AITEST:Edward J. Callahan, Jr., Mayor Dorothy M. llallin. City Clerk J0214Ppil ‘pliliim 107/11/95 STATE or MIVVESOTA GAMBLIEG CONTROL BOARD PRSHJSES PERNIT RENEWAL APPLICATION TOR BOARD USB OWLT ANT'PAID CHECK NO, DATE LICSNSX NUMBSPt S-OOS42-177 EFFECTIVK DATS: 01/01/94 EXPIRATION DATE: 12/31/95 JCAXE or ORCAHIZATIOMt Mttltipl* Sclsrosis MinnaapoliB Chapt North Star Soc rsaM«T.TNQ PPW4ISES IKTORMATION KAMI OP ESTABLISi JlMiiaa Ziouaga 3340 ShoraliM Dr T WHERE GAMBLING WILL BE CONDUCTED 55392 X . 3UNTY Eanaapia IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: V IK: ORMATION DOBS YOUR ORGANIZATION OWN THIS SITE?: Mo r NO, LIST THE LESSOR: mmm» Bolta 233 Bartlatta Bird louad KN 55344 NAME OF PROPERTY OWNER (WHEN NOT LESSOR): QUARE FEET PER MONTH: 41 SQUARE FEET PER OCCASION: 0 AMOUNT PAID FOR RENT PER MONTH: 1000 AMOUNT PAID PER OCCASION: 0 BINGO IS CONDUCTED ON THIS PREMISES: Mo HTWGO ACTIVITY IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS i380 Shorollno Dr i^ararra KN 55392 BANK INFORMATION lat National Bank of Tha U45 Shady Wood Rd iavarra MM 55392 Laka J . - ? lAMBLING BAJTK ACCOUNT Nt^BER: 7433896 - TTwrs provided below LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS JTHORIZED TO SIGN CHECl^ AND HAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. KS ORGANIZATION’S TREASURER MAY NOT HANDLE GAMBLING FUNDS. v'lCdkf Sv».cA VV /t V\ (BB SURB TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) ■HIS FORM WILL BB MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST Perniit #:_ Fee: $50.00 PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OP OROMO, MINNESOTA Phone Number: ; C-^ Sr V V- ^ ^ V<J <1 Name:^ Address H Cv ' ''Q_ City, State, Zip: c\' C-5S3^\ Location of Parade or Event: ^—Ilj— Person(s) and/or Organization(s) Handling the Event:- - - - - - - - P(Tv<'d,^'»' ^ -Sc\'r-or\SU< Cate of Event:q|- LHours of Eventt: 3 - C> \V>-^ ^ ^ \ Reason or Purpose: '.v:• TV O X (-Insurance Company: ^ ‘ Amount: — Copy of insurance certafscares to be submitted with tnis application. J Approved: Remarks: Denied:Bv: / Date: To: From: Re: September 1, 1995 Dorothy Hallin Gary Cheswiclc Brico Construction We have spo)cen to a representative of Brico Construction who is building a home on Lakeview that is involved with the Parade of Homes this year. They had been told to contact you for an Special Events application. They were also told about the need for traffic control. You should expect to hear from them shortly! 3 o Ozo CO m ~D QO VO CJl O Cl m 3 Zo <( O 38/27/9S PR: Ca PRREGOR I EMP a MAMS OFT YTO GROSS CURRENT GROSS 47KS8060 474563338 476921819 471840871 475443862 468113870 468843008 472503991 469526026 475989721 468821018 468622840 472529007 468701868 470089708 469686562 468420832 474667812 475380151 477500666 475444249 477463877 471569863 473141624 477647279 471848180 472500574 121262417 475344512 480843542 470987727 477700023 334506281 173108428 468909535 476783251 476866274 470700901 469848107 •i" ..7919 474167795 473746173 I"” 4 J9629 >8320409 470566529 469629194 475569177 472563051 474663296 470704904 475505292 463629488 471067937 477381539 ruANDERSON, 3RUCE BOBZIEH, SUE A BORIS, SCOTT W BOSMA, JAMIE I,. BRINKHAUS. JOHN ? CALLAGHAN, JEREMIAH CARLSON, MICHAEL B CHESWICX, GARY B CORNICX, JAMBS L DEMBOUSKI, JAY C ENGLISH III, IRVING ERICKSON, DOUGLAS J ERICKSON, KURT R rISCHENICH. DA14 T FISCHER, CHRISTOPHER GAFFRON, MICHAEL P GERHARDSCN, JOHN R GREGORY, JAMES D HALLIN, DOROTHY M HANSEN, STEVEN C HANSIMG, CAROL J HASEMAN, JOHNSON, JOSTROM, KARNITZ, CAROLE BRADLEY P FOREST J _ _ RICKY D KNOLLENBERG, KRISTIN KUEHN, THOMAS M MABUSTH, JEANNE A MCINTYRE, WILLIAM E MCNICHOLS, DAVID L MILLER, CHRISTOPHER MCCRSE, RCNALO J MOROWCZYNSKI, JAMES OAS, DANIEL O OBERAIGNER, SCOT”^ G OBRIEN, RANDY L OLSON, JOHN C. OMAN, LYLE E PALMER, GREGORY A FERSELL, WILLIAM R. PETERSON, JACK W RATHBUN, BARRY J ROSS, JOHN A RUTHER, ALVIN C. SCHOENHOFF, JOHN B SKREEN, DALE S STEFFENHAGEN, RONALD THOMTON, MARK R TOMCKECK, LAWRENCE F TCMCZYK, MARK W VAIG, BRUCE L VEE, LINDA S WALKER, .NATHAN T. WECK.MA1, STEPHEN J 31 34100.99 31 19332.47 31 22290.28 12 10795.18 42 30585.40 35 2994.21 31 5917.44 31 32831.49 31 34095.73 31 33584.15 31 31035.24 93 533.25 31 29780.75 31 30175.75 : 35 1509.17 33 27957.77 42 42251.59 42 23411.51 12 24084 .19 42 22350.54 31 11549.19 12 19271.37 31 30728.63 93 1599.40 31 2833 .27 31 7236.68 15 41131.41 33 35013.25 93 2905.50 31 31291.79 15 20724.51 12 45889.91 31 31354.10 93 2573.40 42 22543.70 92 22667.85 15 17715.08 33 27957.74 42 22355.65 31 5824 .4 9 93 3884 .55 92 22303.32 93 1139.70 93 723.90 31 22557.77 42 22524 .94 93 24084 .15 31 29013.10 31 31209.64 31 29007.34 33 23632 . 15 12 19694.35 93 1452 . 00 33 22331.41 1692 1071 1238 591 1701 414 89 194 5 2336 1680 1 '* 1 8 73 1611 1333 245 1555 2357 1163 1340 1315 603 , 1071 , 1732 , 249 . 381 . 393 . 2288 . 1948 . 26 9 . 2565 . 1180 . 2649 . 1913 . 266 . 1143 . 1315 . 1017 . 1555 . 1143 . 269 342 1143 116 88 1204 , 1143 . 1340 , 1581 . 2253 . 1611 . 1340 . 1071 . 168 . 1242. 67 20 -r “4t < 88 52 25 75 50 70 28 57 00 . 53 .39 .79 .52 .73 . 05 .00 .23 .25 .20 .38 .40 .51 .75 .43 . 07 .70 .04 .32 .44 .58 .60 .58 24 58 52 53 31 00 58 00 35 33 58 00 37 44 52 00 21 00 48 54,585.99 a s s s s COUNCIL CHECK REGISTER Wed Aug 30CHECK HO CHECK DATE CHECK AMOUNT Q33942 1995/08/29 $5,572.00 $5,572.00* 033943 1995/08/29 199S/08/29 $2,744.82 $9,533.16 $12,277.98* 033944 1995/08/29 $36,686.86 $36,686.88* 033945 1995/08/29 $1,265.00 $1,265.00* C33946 1995/08/29 $164.82 $164.82* 033947 1995/08/29 $174.50 $174.50* 033948 1995/08/29 $100.00 $100.00* 033949 1995/08/29 $420.00 $420.00* 033950 1995/08/29 $2,059.47 $2,859.47* 033951 1995/08/29 $55.00 $55.00* 033952 1995/08/29 $100.00 $100.00* 033953 1995/08/29 $176.37 $176.37* 033954 1995/08/29 $1,085.00 $1,005.00* 033955 1995/08/29 1995/08/29 $3,563.64 $4,704.45 $0,260.09* 033966 1995/08/29 $29.00 $29.00* VENDOR DESCRIPTION CITY COUNTY CREDIT UNI SAVINGS WITHHELD ii T ACCOUNT • 9999-2030 INVOICE003170 Page 1PO NUM. MANUAL *OH FIRST NATIONAL BANK OP CITY SHARE FICA.MEDC FIRST NATIONAL BANK OF FIT,PICA MHDCR WITHH FIRST NATIONAL BANK OF NET PAYROLL GREAT WEST LIFE ASSURA DEF COMP WITHHELD HENNEPIN COUNTY SUPPOR THOMTON «C02667B0 HENNEPIN COUNTY SUPPOR SKREEN <fC0262J10 ICMA RETIREMENT TRUST- DEF COMP WITHHELD LAW ENFORCEMENT LABOR UNION DUES WITHHELD MINNESOTA DEPT OF REVE STATE TAX WITHHEI.D MINNESOTA MUTUAL LIFE DEFERRED COMP WITHHE MN STATE RETIREMENT-DE DEFERRED COMP WITHHE PEBSCO/ObkA DEFERRED COMP WITHHE PEBSCO/US CONF OP MAYO DEFERRED COMP WITHHE PERA PERA PERA WITHHELD PERA CITY SHARE UNITED WAY $69,234.11 9999-2032 9999-2030 9^99-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2031 f'HARITY DONATIONS WI 9999-2030 003163 003163 003166 003173 003169 003168 003172 003167 003164 003174 003175 003177 003176 003165 003165 003171 OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH COUNCIL CMBCK KBCttSTER FHI, BEP •, 1995, yi2fl RHCIBC* HO aiBCK OXTB CIIKCK ..................................................ACCOUNTNUMBER33M0 199S/09/11<•>33M1 1995/09/n 199S/03/U 199S/09/11 I99S/09/11 1995/09/11 1995/09/11 1995/09/11 <♦> 339CS 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 <*;» 33966 1995/09/11 <•> 33967 1995/09/11 <•> ooo 33968 1995/09/11 4*> -4 O 33969 1995/09/11 1995/09/11 1995/09/11 1995/09/11 <•> 33970 1995/09/11 <•> 33971 1995/09/11 •o 3k $19.22$19.22«A T 6 T DESCRIPTION NUMBER INVOICB NOiiwro*i*:ouiPMROT-sBP-iJov 0599-4320 001213 poNUMBBR$18.71 $1.16 $5.30 $99.06 $5.30 $10.47 $10.97 $102.46* ATliT ATliT ATIT ATI.T ATtT ATIT AT6T INFOINFO INFO INFO INFO INFO INFO SYSTEM SYSTEM SYSTEM SYSTEM SYSIEM SYSTEM SYSTEM LONG DISTANCELONS DISTANCB LONG DISTANCB LBASR-SBPT LONG DISTANCB CELL PnOlUi UTILITIES CELL PHONR UTILITIES 0129-9320 0099-9320 0590-9320 0129-9340 C129-4320 TRUC 0599-9320 TkllC 0569-9320 003183003181 003185 003181 003106 003107 003187 33962 1995/09/U 1995/09/U 1995/09/11 $59.21 $39.50 $24.78 AUGIBS MOniLB AUGIBS MOBILE AUGIBS MOBILE CI1I5F CHP.F CHKF SANOWICIIBS FOR COFFEE SANDWICHES FOR **>$123.53* 33963 <*> 1995/09/11 1995/09/11 1995/09/U 1995/09/11 $65.26 S130.S2 S13C.52 $130.52 $456.82* BIFFS INC BIFFS INC DIPF8 INC BIFFS INC SEPT SERVICE SEPT SERVICE SKPT SERVICE SBPT .SERVICE 33964 <* > 1995/09/11 1995/09/11 1995/09/11 $168.58 $70.44 $293.89 $532.91* DI.ACKOWIAK A DIACAOWIAK 6 DLACKOWIAK fc SOMll oonc r»oiJs Mi<; SHRVICF. MU; SKWVK.’E AUG SKKVICC 0591-9802 29976 0591-9802 20958 0591-4002 30027 0590-9331 IH057620 0290-4331 01057621 0290-4331 UI057622 0290-4331 003205 0099-4343 182157 0590-4343 003203 0290-1343 003204 S171.00 219.48 $331.91 $992.00 n, 195.15 $2,859.54* BONE3TROO UONU3TROO noilUSTROO OONESTHOO AOlIRSTUOO RODRNK A.SN ROSENE ASM ROSENE ASH ROSENK ASH K05ENF ASH KKI.I.Y AVE STORM 5MR OCPRf) BRIUGK-JUNE ocn Rl) ST IMP-JUNB WILLOW ST IMP-JIRIH I..S. f!7 RmiAn-JUNK MAY 0200 0355 0361 0362 9673 4305 4305 4305 4305 -1600 34 64 b 34999 35000 35001 35 004 S356.64 $356.64‘ $216.05 $216.05* 107.57 221.M 123.67 616.68 $i;075.34* $73.74 $73.74* $r,4.95 MANUALononoil OH OH OH OH Oil OH OH OH Oil Oil OH OU Oil OH Oil Oilon OH Oil OH BUPGKT PRINTING RRTDRN TESTI MG BOUIP 0599-4399 11169 Oil BU.SlNi:SS FORMS t ACCOUNTl UTILITY BILLING FORMS 0079-4322 195*18 on CKI PBRHA WRAP KIT 0590-4232 93202 OH CnUNKiJ GARAGE CHUTJKn GARAGB CHUNK.'; GARAGB CUUNKJI GARAGB CRAKES 11167 INSTALL PARTS tll70 BRAKE VJORK, SPEED SENSOR II STEER ItIG GEAR B166 0129-9341 0129-4391 0129-4341 0129-4341 €662 6709 6S19K 6837 OH OH OH OH CITY OF LOIIG LAKE HARRIMG LIFT STATION-AUG 0569 4344 11 OH CITYVIEH PLMBG A IITG FIX TOILRT-POLICU 0129-4311 1B729 OU 1 COUIJCIL CiUlC.. RliUlinCl IKl, :;l;P •, 1555, 9:28CHECK DATE aiBCK AMOUNT1995/09/11 1995/09/11 AJ-t 33975 <*> 1995/09/111995/Of/U1995/09/11 1995/09/11 133.01‘282.80480.78*293.77293.77*407.75407.75*189.87 189.87* VENDORCITYVILT# PLMBG & HTG CITYVIEW PIMBG 8 HTGCOCA COLA VENDING DBSCRIPTIOK ACCOUIITNUMDRR INVOICE NO NUMBER MANUALREPAIR WOMEMn ROOM 0590-^43 189S8REILACB CIRCULATOR rUHP-l* 0651-4560 18844POP FOR RESALE 0591-4802 4894585CONNELLY INDUSTRIAL RI.RCT CAPACITOR SWITCH L..9. fl3 056 9-4 344 374 0 5299.70 $299.70* COPY DOP PR INC CYS UNIFORMS CBPT LEASE UNIPCHinS 0129-4210 2195865 0129-4221 003197 3397S «*> X995/09/1L 523.58 $23.58* DAin/JREN SIIARDLOU COMP PLAII AKHNDMKriT 0,385-4306 1^91 3 33977 <*> 1995/09/11 55,422.92 $5,422.92* E-Z RECYCI.HIG AUGUST SERVICE 0295-4392 0031 fin 33978 <• > 1995/09/11 5162.40 $162.40*BAST SIDE BnVP.RACB BEER FOR RESALE 0591 4815 33979 <*> 1995/09/11 $14.59 $14.59* ENG RETRO SYOTKMS HI.lini’HlNin 0099-4210 1390‘,1 33960 <•> 1995/09/11 570.29 $70.29* E55.S BROTHERS A SONS MAiniOl.U COVUIUI 0569-4234 25CG 33981 <*> 1995/09/11 1995/09/11 1995/09/11 1995/09/11 590.00 $00.00 $150.00 $100.00 $420.00* FROST. SHERRY R. FRO.Sr, SHERRY R. FROST, .MIKRRY R. FRO.ST, CHERRY R. PARK COMMISSION COUNCIL NKETINO PLANHING COMMlS.'noN COUNCIL MCHTING 0290-4306 0039-4306 0174-4306 0039-4.306 OOJl fU 003103 003103 001103 33962 <*> 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 $2.60 567.25 $8.20 539.27 $39.27 $127.32 $283.99* G A K CERVICES G 6 K SERVICES G 6 K SERVICES r. 6 K SEEVICRS G 6 K StRVICRG G A K .SERVICr.S CTFPFEMHAomi STREET EHPLOYP.RS RATIIIUIN FLOOR HATS ILOOn MATS FLOOR MATS 0590-4221 0249-4221 0569-4221 0099-4343 0099-4343 0129-4343 5G9Sfi5 569S56 SC0557 573320 573319 57332C, 33903 <*> 1995/09/11 51.000.00 $1,000.00* GOLF CAR MinWUST AUG LEAS8 0590-4331 003191 33904 <»> 1995/09/11 5124.30 $124.30* IIACn CHEMICAL CO CHI.OHINR PJLIiOW.S 0549-4234 19372S 33985 <*> 1995/09/11 59.21 $9.21* HAMKI. niJILDIHG CFHTBR WATER SIT.ASH BOX 0099-4231 003169 OHOilOilonoil on on on on on OH iUK IrKif b, jui ^ccoul^■r toCHECK HO aiBCK DATEf CnCCK iVNOUItT VEIIDOR DBSCRIPriON NUMBER INVOICE NO339HC1995/09/11 S230.47 IIEMW CTY SHERIFF DPT JULY DOOKIMG FBFS 0080-43S8003100f<*>1995/09/11 S199.71^30.36*UEIIK CTY SIIEHIFF DPT SPECIAL REPAIR 0129-4J4000321033967<*>1995/09/11 $36.29 $36.39*imtlNEPIH CO-OP SEED SEED MIX 0290-42117 0480\33966 <•> 1995/09/11 S18.1G $18.14* KOEHimNS STWJDARD WIPER DLAI3ES 8171 0129-434120511 -4 339891995/09/11 S19.92 KUUmi, TIIOMT^AUGUST MILEAGE OOG9-4381003211 1995/09/11 $33.21 KUEIllI, THOMAS AUGUST MILEAGE 05G9-4381C032I1 J <<•> 1995/09/11 $6.64 $59.77» KURHN, THOMAS AUGUST MILEAGE 0174-4381C0321I -/ t 1t 33990 <♦> 1995/09/11 $65.00 $65.00* DOES oir. CO OIL PILTRRS 0249-434210132 33991 <•> 1995/09/11 $125.00 $125.00* LOWa LARK GLASS REPAIR ADMIM DOOR 0099-414319645 33992 <*> 1995/09/11 1995/09/11 $8.51 $30.00 $30.51* LONG LAKE POHRR BOHl HIRMT LONG LAKE POWER BOUIPHRIir (TIAIH HAW OIL SlUVRPBlI PLADEG 0249-1232 0590-4342 074 5 1677 339931995/09/11 $24,474.75 MHTRO WASTll Mwcc - ocrr 0569-4395514UI095 tn 1995/09/11 $2,966.56MFTHO WA8TU MWCC-OCT 05C9-439G51481095 o 1995/09/11 •$302.56 METRO WASTB Mwcc-ocr 9673-119351101095 Q 1995/09/11 -$60.26 METRO WASTH MWCC-OCT 9673-375551401095 ►4 <^> 1995/09/11 1995/09/11 -$1,629.92 $919.56 $74,629.00* METRO WASH*: MCrno HASTE MWCC-OCT MWCC-OCT 9673-1194 9673-3756 51401095 51401095 33994 <•> 1995/09/11 $403 .49 $403.49* MIDWEST ASPHALT HAim TATCri 0249-42336n800Hn <o 3399S <*> 1995/09/11 $3.66 $3.66* DSMS PKon PHNCIIH 0099-4210.307465 •oc (O 33994 <*> 1995/09/11 $44.37 $44.37* Mir*LHF. CHRIS AUGUST milf .A(;k 0069-43010037.12 uy Ci 33997 <♦> 1995/09/11 $1.038.00 $1,038.00* MlNtl DBPr OE IICAI.1II 3RD OIR WTR TrSTirn; fer 9672-2222003214 to 13 3399B <*> 1995/09/11 $13.50 $13.50* MlflKHAl’OLia OXYU’.N COMPAH MEDICAL OXYGtf 0129-4232RI08950a70 1- 33999 <*> 1995/09/11 $120.09 $126.09* MlllDUSOTA HOOK .'nOEH PLBG CODB nOOKS 0174-4240003191 O • •340001995/09/11 $14.00 $96.00 $2,179.00 MN KEPT OF RBVCnUR AUtJ UA1.E.7 TAX 9001-3500003200 o rH 1995/09/11 1995/09/11 MN DRPT OF HBVEtIUE MN DEPT OF RHVEliUR AUG salf :.s tax AUG GAI.F..S TAX 9001-3527 9674-2222 003200 003200 MANUAL •O Ob «c* <= <x -c OHOHOHon OH OH OH Oil oil OH OH oil OH OH OH OH Oil Oil Oil OH OH OH OH Oil OH OH COJIiCiL, CilliCK itCUIJlIiR | Kl, t>KP H, 19JS, 9:Z* AH l^yiCHBCK UO CimCR DATS <*>34001 <•>34002 CnB(.*K AMOCJNT $2,209.00*DRaCTlIPTIOM ACCOUNTMUI10BR inVOICEMUNICIPALS MUNIClPALO 0039-43560174-4356 003192003192NGP aiARGBS NSP CHARGRS NSP CHARGBS NSP CHARGES NSP CHARGES NSP CHARGES NSP CHARGES NSP CIIARGKS 0099-43240129-43240175-43240249-4324 0290-4324 0519-4334 0569-4324 0590-4324 003178€03178001178003178 003178 003178 003178 003178 ail PS FOR RRSALE 0591-4003 772759 PERA LIFE PbRA I.IFB 9999-2030 0129-4152 003201 003201 OKD 1(139 OHD flllO LAND USE Aprs 0099-4322 0099-4332 0099-4322 120 120 130 REPAIR RnaiRDBR 0129-4310 llDl/1 OIL CHAMGE 11174 0139-4111 6393 ROUND UP SPRAYING ROUND UP SPRAYING 0099-1313 0290-4313 1 n 10 11110 RflPAIR CONIHOLI.KR I..3.fl8 0569-4344 2325 IHRMIT l ORjIC 0099-4322 3028 CAIIDY FOR RESALE 0591-1002 15985 FILM PROCBSCIHG FILM PROCBBSIMQ FILM PROCESSING FILM 0129-4210 0099-4210 0129-1210 0129-4210 3766160 3766703 3766000 3766975 GASOl.IMB 0590-1220 50630 o •«n 3 4 r-4 »o •o •o iC0> O • • t-l o» 1995/09/111995/09/11 <*> 34003 <•> 34004 <*> 34005 <• > 34006 <•> <•> 34 000 <•> 34009 <* > 34010 <•> 34011 <*> 34012 <• > 34013 1995/09/111995/09/111995/09/111995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 34007 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 $72.00$18.00$90.00*$1,204.21 $630.45 $9.42 $332.56 $47.09 $3,254.77 $1,114.39 $234.90 $6,827.69* $14.63 $14.63* $108.00 $24.00 $132.00* 95.20 54.80 74.80 $224.80* $70.72 $70.72* $27.57 $27.57* $135.00 $90.00 $225.00* $450.50 $458.50* $641.32 $641.32* $15.00 $15.00* $22.72 $9.79 $15.18 $12.76 $60.45* HONICl-FALSI MtJNICI-PALSN5PMSPilSPMSP MSP MSP lisp MSP OLD DUTCU FOODS INC. PRRA INS PRRA INS PIOIJBER PIONUER PIONLUI) PRO TIR8 k R.XMAUST PROl.AWN.S PROLAW!l.7 RAINROW COHPUTKR FORMS nnro vkijiiiijg RITZ CAMBRA RITZ CAMBRA RITZ CAMBRA RITZ CAHCRA $376.72 ROl.UNS Oil. CO OHOHOltOHOH (»( OH OH OH Oil OH OH OH on OH oil OH OH Oil OH OH Oil Oil on OH OH OH Oil a» o COUNCIL CHUCK lieUI31liK l-Hl. SUr •, lyvu. J-.lti Ml ACCOUNT /) »<4 O .4 [BCK MO CIIBCK DATS VENDOR DBilCRITTlOH MUMBBR INUOICR34013<•>1995/09/11 $1,931.62$2,308.34*ROLLINS Oil. CO UIILEADBO GAS34014<*>1995/09/11 $314.00$314.00*GUIRT.S PLUS T-SHIRTS FOR EHPLOYERS 0039-4393 3245634015 <• >1995/09/111995/09/11 $120.00$262.86$382.86*STAR TRIBUIJR STAR TRIPVJtiK AD FOR POSITION AD FOR 3URMBT CLASSIC 0249-43230590-4323 003207003207 34016 <♦> 1995/09/11 1995/09/11 1995/09/11 $66.56 $30.83 $9.59 $106.98* irruKicitHRs CTRHICHBRS STRBICHBRO SnOTGlIH AMMO CARLB HOOK UP.S REM DM. O.N ACCOUNT 0129-1232 0129-4341 0129-4221 33118.1 31736.1 001182 34017 <•> 1995/09/11 $42.00 $42.00* TRMI'OHARIB.S 1*0 GO TEMP IIKLP-MF.YHR 0039-4306 4629 3401S <♦> 1995/09/11 $217.00 $211.00* T1IORPR LIST CO DEHR l*OR RKSALB 0591-4815 64989 34019 <*> 1995/09/11 1995/09/11 $530.11 $433.72 $963.83* Town 6 COUHTRY TOWN 6 COUNTRY SUIT .SCRVICK SEIT SCRVICB 0099-4343 0129-4343 003200 003200 34020 <♦> 1995/09/11 1995/09/11 $22.2/ $430.86 $453.13* U 0 WHST CBl.I.UI AR U 0 WB9T CELI.UI AK CELL rUONB-Clir.SWIf:K CELL PIION a-POLICE 0129-4320 0129-4320 00)1 95 »0 3196 34Q21 <»> 1995/09/11 1995/09/11 $56.12 $5-1.46 $110.50* UNIFORMS UHLIMITRI) UIJIFORHS UNLIMITED B0UIP.MRNT-EHGI.tSn UNI FORM-.lOlINGOM 0129-4221 0129-4221 301200 302541 POIjUtmeR MANUAL •o•oo fO•o•o 34022 1995/05/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 1995/09/11 <• > Cl r-l 13 34023 1995/09/11 1995/09/11 <•> •o 34024 1995/09/11 <*> 34025 1995/09/11 1995/09/11 <•> 50 <» •% cCc •%<x o $56.01$53 .ae $3VB.51 $12.62 $29.44 $255.50 $55.61 $156.90 $56.03 $1,054.70‘ U5 WBGT ns VJBST ns WICST US wr.sT US WF.ar US WR.'lf US wnsT US WRST ns mkj:t COWiUtl comtmcoit-iun CX)Mt4nN CX)tl4UM C0W4UM C0MJ4l)M COHMUN COMMUN US VJFST ns WEST ns WEST US NF..ST US WKST US WKST US UKST US HBSr US WRsr CIIAJUIRS CHARGRS CIIARGRB CIIAHGB6 CIIARnRS CUARGFR CUAnCFB ADVERT 19IHC; CIIARGRS 0549- 0590- 0099- 0549- 0569- 0139- 0590- 0590- 0099 4 320 4320 •4320 -4320 -4330 -4320 -4320 -4323 -4320 003179 003179 003179 003119 003119 003119 0031/9 003179 003179 $682.49 $602.50 NATHRI’RO WATRURRO WTR RCRMR PARTS SWU RUrAIR PARTS 0549-4234 003206 0569-4234 003206 $ 1,364.99* $bJ6.37 $638.37* VJM MUlCl.LER U SOII.S 3/1 Minus ROCK 0249-4233 003190 $9.00 $8.63 WRIGHT HBNH RIECIRIC WRlGirr lIBflN KI.HCTRIC STREET LlGirriMG STREET* LIGHTING 0249-4325 003198 0249-4325 003199 $17.63* OilOilOHon on OH OH OH OH OH OH OH OH OH OH OH OH Oil OH OH on on on on on OH OH OH OH i :00»C1L CHBC.. KEOISTBR ?RI. liP.V B, 159G, !»:J« AM!IICCK NO CHECK DKTB CHUCK At-K>UNT$Cl,131.3B*VKNDOR OESCRIlTIOIl ACCOUNT mm’’SR IHVOICB HO HUMDER MAHUAL XMJUCIL CULCK. UUHf>IAia HU, VV.I* 0, I'JJn, 't.Aa <J\'UND I .-‘UNO I UMO itnniD • PU10> I t'UHD I FUND I FUND I OOl112IIS423(72S73 €74 999 ?19,€18.50 023.S8 $282.60 $1.538.39 $5,198.€4 $28,6S2.62 $5.698.8S $108.00 $61,131.38* I s 3 ri • •» a r> 3 h' \ INFORMATION COUNCIL MEETING CQ;;;{CiLMEEnNG SEP : 1 1995 CITY G.‘ ORONO OF MERCHANT & GOULD Mftt, Wclt^ A Selaiti iwiliiM fttMii, iy«4«BAriii 4 Ct^rriilit Uwytfi DIfM puis IH4433 31d0 N«n»ett C«nur •• fe^enih Strifl Mtaa— &d4C2-4l3l U.SX most iijnarsjo* FAX I12m2>f0fl D. Ganli A«a«rt T EdeQ rt«l A. Waiter Ct«il c SclMuai Jalia S SaAMft Alaa G CarltMi Call D Rcilana Ouflet C GoiU Oaailas J Wtlliaais Daaftii A Strtwbri4ia Albart L Uadtrhill D Eaa4aAI Riaf Mkhaal 1 Lasky Curtis B. Hanre Michaal D ScBaatasa Michael L. Maa John k. CUfrar4 Mark J. DiFiatro Tiaiothr B. CaariM Alaii W Rowalchyk DaatalW McOaaaid Raadall A Miltsaa iaJia f Saaiatr WaaMy M McDaaaUI Linda M. Byma Mark D Sckunaa Alhta J Nalsaa Brian N Batxli David R. Tellekion Jeha J Grtscaa John L. Board Philip P Caspofi • Daaflaa P Motller Ronald A. Daignaall Robart J Crtaford ••• Rehart C Back Michael R. Cohan Paul E Lacy Gregory A. Sabald Raran D McOanial Cola M. Pauvar Rristina M Siradthoff Slaaaa C Braau Andrew 0 Saraasan J Derek Vandanhargh Mark A Rrail Jaraaia R. SauU Dawn M. Lanan Ralheriaa M. Roailchjig Daonia R. Daley • David W. Lyaah Alan G GafAAl Joaapii M. Rastaiie Thaadara R Plunkett Jelia C. Reich Thanas C Bejin Mark A. Rollinfsworth • Denise M. RetteiLfflif • wmian 0 Malar Scatt A Stinahranar Charles G Carter LasUf R. Dalilhh Pa«i 1. Baaiua Btaaan J. PoUingar David G Schiaalti Valeria L Calloway Jamas R. Chiapaiu Sandra J Bpp Ryan Jitla R. Daulton llicliaai A Dryja Scott W. Johnston MarySaaan H Gahlla» Falaisl Ageisl Thomas A. Ratting Shawn B. Derapstar • Sal Admitted yi Minnesota September 7, 1995 Mr. James N. Denn, Commissioner MINNESOTA DEPARTMENT OF TRANSPORTATION Transportation Building 395 John Ireland Boulevard St. Paul, Minnesota 55155-1899 Re: I 394 Corridor Dear Commissioner Denn; /I W W • TET W 1995 A copy of your letter of June 28, 1995 to Wheelock Whitney (copy enclosed) was recently given to me. I am writing to commend you for planning to announce a preferred alternative for the path of Interstate 394 by December of 1995 and to encourage you not to allow that schedule to slip further. I own a parcel of land which is in the proposed southerly corridor. For years the proposed route has placed a cloud on the property and I have been unable to sell the property. I, and people situated like me, have been harmed by the slow progress on this project.. I was encouraged to learn that you expect to announce a preferred alternative sometime in Decemij^r of this year. I subsequently attended a Policy Committee meeting in Orono on August 16, 1995, at which Val Reinaas told those in attendance that you had indicated in a letter (presumably the Whitney letter) that a decision would be made by the end of 1995. However, she indicated that the staff's work to study the four alternatives and arrive at a preferred alternative could not possibly be completed by December. This was disheartening. It is clear that a decision can be made by December of 1995, only if the current work on a preferred alternative is Mr. James N. Denn, Commissioner September 1, 1995 Page 2 discontinued and the new “Transportation System Management" approach is adopted. I am writing to encourage you to intervene in the process and announce MnDots' selection of the new "Transportation System Management" approach as soon as possible. Otherwise this matter will drag on well into 1996 with further harm to all property owners who own property along proposed routes. Your letter was given to me by attorneys for a man named Harold Panuska, who is a defendant in a case brought by me. The letter was attached to an affidavit prepared by your secretary, Lyn Isaacson. Her affidavit is attached. With the assistance of your office in giving the letter to Panuska's attorneys, Panuska's attorneys represented to Judge Catherine Anderson of the Hennepin County District Court that 1) the Scott property was in the South Corridor, and 2) the Statement that "there is only the very remotest possibility that we would have to acguire Mr. Scott's property" was a statement that "there is only the very remotest possibility" that the South Corridor would be selected as the preferred alternative. I trust that Panuska's attorneys have accurately conveyed your views to District Court Judge Anderson. On behalf of all persons affected by the South Corridor, I encourage you to formally publish your view that there is only the very remotest possibility that the South Corridor would be selected so that the cloud on properties on that corridor can be lifted. Again, I applaud your attention to this matter and encourage you to end the indecision and harm to property owners by the end of 1995. Thank you. Very truly yours. Alan G. Carlson AGC/vm Enclosures V,Ronald J. Moorse, City of Orono (W/Enclosures) f I d'i • > STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Alan G. Carlson and Kingsbridge Properties, Inc., Court File No.: CT 92-18730 Plaintiffs, vs. AFFIDAVIT OF lATM ISAACSON Harold and Margaret Panuska, Defendants. STATE OF MINNESOTA COUNTY OF RAMSEY 4-n Isaacson, being first duly sworn, on oalh deposes and states as follows; 1.I am employed by the Minnesota Department of Transportation. I am a secretary to the Commissioner of the Minnesota Department of Transportation, Mr. James N. Denn. 2. I have personal knowledge of the information set torth herein. 3. Attached hereto as Exhibit A is a true and correct copy of a letter from » Commissioner Denn to Mr. vVheclock Whitney dated June 28, 1995, ' ^ / / O'1. Lyn Isaacson Subscribed q^nd sworn to before me this a'day of July,^ 1995. ■ A/V^AAAAAAA^VVVV^A<^^VWyA/VVVVVWVVV' JOHN T. WALKER ■ '/// Notary Public notary PUBUC-MlHNEftOTA HENNEPIN COUNTY < ^ CiAtfti iin 31.20M m\ Minn«$ota Department el Transporufion - Transportation Building 395 Jonn Ireland Boulevardi Sa.nt Paul. Mrmesota 55i55*1^ June 2S, 1995 Wheelock Whitney 1900 Foshay Tower Minneapolis, MN 55402 Dear Wheelock, Thank you for passing on your copy of the letter Robert C. Scott sent to Governor Carlson. Reading it brought to mind the f’rst discussion of the Highway 12 project ve had back in 1992 at*th© Minnesota club. At that time I indicated that a discussion on the Highway 12 corridor would not be rendered until early 1995. i also explai.ned that to meet federal requirenente, each of the four alternatives identified in the Draft Environnental Inpact Statement (DEIS) would have to be studied and could not be dropped prior to the selection of a "Preferred Alternative". This selection would then trigger the start of work on the final phase study (Final Environmental Impact Statement or equivalent) which constitutes the last step in this mandated process, and is the document ultimately reviewed for approval by the Federal Highway Administration. Their sign off is a prerequisite to the start of actual construction. The estimate I made back in early '92 turned out to be a bit opti.mistic. It now looks like I'll be able to announce a preferred alternative for tnis project sometime in December. Until that tine Mn/DOT cannot officially rule out any of the alternatives, or give any legal representation of a particular preference. On the other hand, my informal opinion based on my current g’-aso of the circumstances is that there is only the very remotest ^ possibility that we would have to acquire Mr. Scott's property. Wheelock, while this doesn't relieve the legal parameters we must work within, I hope I've been able to shed some useful light on the matter. Please feel free to share this letter with Mr Scott. Sincerely, cc: Governor Arne H. Carlson bcc: Dick scehr Do.n Mueting An eqi-£:l cppofiumiy emp.oycf Exhibit A BOARD MEMBERS A Johnstone Chair. lAnnetonka Oougtas E BabcocH Vice Chair. Spnrig Park Joseph ZwaK Secreury Greanwood Robert Rascop Treasurer Shoreerood Mike Bloom Minr>etortka Beach Albert (Bed) Foster Deephaven James N Grathwoi Exceisiof Ouane MarKus Wayzata Ross McGiasson Tonka Bay Craig MoNet Victoria Eugene PartyKa Minnetrisia Tom Reese Mound HerbJ Suerth Woodland Orono 60N n#c#c.«d Coni#ot 30^* Po^i Aasti* LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160* WAYZATA VtNNESOTA 56391 « TELEPHONE 612 473 /033 ': T September 7, 1995 TO:LMCD Cities LMCD Board of Directors FROM:Greg Nybeck, Administrative/xechnician f :iocT SUBJECT: 1996 Budget Allocations It has recently come to our attention that the formula used to calculate allocation of levies for the 1996 LMCD Budget was not correct. However, Minnesota Statutes, Section 103B.631, Subd. 2 states "the expenses of the district shall be borne by the municipalities. The portion of the expenses of the district borne oy each municipality roust be in proportion to its net tax capacity provided that the portion of any one municipality may not be more than 20 percent of the total expense or less than $200". The allocations previously forwarded to the cities were calculated in proportion to taxable market value, not the net tax capacity of each municipality. Enclosed is a revised schedule of levies using net tax capacity for the 1996 LMCD Budget and a copy of the enabling legislation described above. We apologize for any inconveniences for which our error may have caused you. Feel free to call me if you have questions or additional concerns. Minnesota Statutes, Section 103B.635, Subd. 2 (a) describes "the governing body or board of supervisors of each municipality in the district must provide the funds necessary to meet its proportion of the total cost determined by the board, provided the total funding from all municipalities in the district for the costs shall not exceed an amount equal to .00242 percent of the total taxable market value within the district, unless three-fourths of the municipalities in the district P^ss a resolution concurring to the additional costs". Staff review of the approved levy indicates it is well within what is allowed by state law at .00224 percent of taxable market value in the district. II LAKE MINNETONKA CONSERVATION DISTRICT 1996 DRAFT BUDGET DISTRIBUTION OF EXPENSES NET TAX CAPACITY PERCENTAGE OF TOTAL NET TAX CAPACITY SHARE OF EWM PROGRAM 129,500.00 SHARE OF ADMINISTRATION 1111,800.00 SHARE OF TOTAL BUDGET S141.300.00 MARKET VALUES Oeephaven 5,621.056 7.60 2,242.00 8,496.80 10,738.80 322.174,700 Excelsior 2,269,411 3.10 914.50 3,465.80 4.380.30 101,495,300 Greenwood 1,253,824 1.70 501.50 1.900.60 2,402.10 68.274.200 Minrwtonka 63,643,917 20.00 5.900.00 22,360.00 28,260.00 3,079.151,600 Mirvwtonka Beech 1,403,126 1.90 560.50 2.124.20 2,684.70 75.731,700 Minnetrista 5.167,496 7.00 2,065.00 7,826.00 9,891.00 296,765.400 Mound 6,319,795 8.60 2,537.00 9,614.80 12,151.80 358,844,500 OroTK>12,911,568 17.50 5,162.50 19,565 00 24.727.50 704,073.200 Shorewood 8,148,378 11.10 3.274.50 12,409.80 15,684.30 464,810.500 Spring Park 1,452,506 2.00 590.00 2,236.00 2,826.00 56,047,900 Tonka Bay 2.477.236 3.40 1,003.00 3,801.20 4,804.20 136,888,300 Victoria 2,828,880 3.80 1,121.00 4,248.40 5,369.40 196,039,800 Wayzata 7,320,896 10.00 2,950.00 11,180.00 14,130.00 370.369.100 Woodland 1,694.561 2.30 678.50 2.571.40 3.249,90 89,461,400 TOTAL 122,512,650 100.00 29.500.00 111,800.00 141,300.00 6,320,127,600 Less Minnetonka (20%) ^63,§43i917 _ 5^868,731 Calculating % of Net Tax Capacity «City Net Tax Capacity divided by 58,868,733 X .80 P iV,'■'Pw El I "Knibership J a treasurer. • officer*. thcT officea, astheboari d to the di*> aU money of ^ with rule* easurcr may notes o( the of the state tr* from the 1 for curreni board shall inds, cemh- .tituie a pan >f the funds rd, the trea* strict show- tatemem; funds frotn ■ compensa- ctor for the hall receive e executive ■ activitie* and •* of the .i:«niy w W4T» ■ FI>NNI nc 0«D PSOJECT LMPlXMENTAnON ItSB 645 incur liability or make expenditure* on behalf of the district wjihouc general or sp»*cific direction* by the board, as shown by the bylsw* or minutes of its meetings. History- 1990 c S9l an 2 s 52 I03E.631 performance OF DIJTIES A.VD E.\PFN.v ;E5. Subdivision 1 Duties may he performed by municipal employee*. The duties of ihe dtstnci may be executed by employees of the municipalities. Subd. 2. Expense*. The expense* of the district shall be borne by the muniapali- tie*. The portion of the expenses of the district borne by each municipality must be in proportion to lU net tax capacity provided that the. portion of any one municipaliiv may no* be more than 20 percent of the total expense or less than $2(_X) Hlaiorr- !9<)Q c J9i an 2 s 5J t03U d35 n 'NDINC OF IMSTRICI. Subdivision I Budget. The board must, on or before July I each year, prepare ,ind submit 3 detailed budget of the distnct's needs for the next calendar year to the govern ing body of each muricipaliiy in the distnet wuh a statement of the proportion of the budget to be provided by each municipality The governing body of each mtinicipaliiy in the district shall review the budget and the board, upon notice from a municipality, mult hear objections to the budget. After the heanng, the board may modify or amend the budget. Nonce must be given to the municipalities of modification* or amend ments Subd. 2. Municipal fandinR of district, (a) The governing body or board of supervi- sorsofeach municipality m the district must provide the funds necessary to meet it* proportion of the total cost determined by the board, provided the total funding from all municipalities in the distnet for the costs shall not exceed an amount c<)ual to ,00242 percent of the loioJ taxable market value within the distnet, unless three-fourths of the municipalities id ihe distnet pass a resolution concumng to 'he additional costs. (b) The lunds must be deposited in the treasury of the distnet in amounts and at umes as the treasurer of the distnet requires History; 1990 c 391 an 2 s 54. 1993 c 3?5 an 7 s 1 I0JB.64I RFCLLATIONS OF DISTRICT. Subdivision 1 Authority and effeel. (a) The district may adopt rules and regulations to cficctuaic the purpose of its establishment and the powen (P'anted to the distnet lb) The rules and regulations have the ctfeci of an ordinance if declared bv the board of directors of the distnet and stated in the rule or reguijiion lc) The rules and regulations of the distnet may be enforced by the dismci by iBjuoction in addition to i*en.iltics under this section Subd 2. Adoption procedure, (a) A rule or icgulatioti must be suitably titled. or regulation must be adopted by a inajonty vote of all of the members The adopted rule or regul.it.on must be signed by the chair, •nested by the secrcury of the board, and published once ... an official newspaper (Cl Proot of publication must be attached to and filed w,th the rule or regulation. Sent“ publtauoii"^ Nook by 20 days effort ' I enalfy. A person wno violaies j rule or regulation that has ihe foue and iLT^ o ^ misdcrneano. and sub,ra to „ sentence of not mo,e yOcJ.ivs plus costs or a hnc of not more than SI00 plu.v com History. I0‘M) c 39 1 art .> j 55 I03B g45 PROSECUTION OF VlOl A I lON.S SutKliv.i.on I. Complaint for violation A prosccuilOu for a violation of a rule or I 1 ILAKI MINNETONKA CONSERVATION DISTRICT 1996 Draft Budget DiSTRIBtmON OF EXPENSE Market Valu Ocephaven Excelsior Greenwood Minnetonka Mtka. Beach Minnetrista Mourtd Orono Shorewood Spring Park Tonka Bay Victoria Wayzata Woodland % of Total Market Value 322.174.700 7.95 101.495.300 2.50 68.274.200 1.69 3.079.151.600 20,00 75.731.700 1.87 296,765,400 7.33 358.844.500 8.86 704.073.200 17.38 464.810.500 11.47 56.047.900 1.38 136.888.300 3.38 196.039.800 4.84 370,369,100 9.14 89.461.400 2.21 Share of EWM Prog. S29.500 00 2.345.25 737.50 498.55 5.900.00 551.65 2.162.35 2.613.70 5.127.10 3.383.65 407.10 997.10 1,427.80 2.696.30 651.95 Share of Admin. $111,800.00 8.888.10 2.795.00 1,889.42 22,360.00 2,090.66 8.194.94 9.905.48 19,430.84 12,823.46 1.542.84 3.778.84 5,411.12 10,218.52 2,470.78 Share of Total Budget $141,300.00 $6,320,127,600 100.00 $29,500.00 $111,800.00 11,233.35 3,532.50 2.387.97 28,260.00 2,642.31 10,357.29 12.519.18 24,657.94- 16,207.11 1.949.94 4.775.94 6,838.92 12,914.82 3,122.73 $141,300.00 Less Minnetonka: 3.079.151.600 3.240.976.000 Total of market value less Minnetonka because Minnetonka is a constant 20% Calculating per centage; City market value divided by 3,240,976,000 times .80 equals per cent Use only 80% because Minnetonka is always 20%. i.e. amount of cty market value divided by 3.240.976.000 X .80= % of total Mn/DQT Metro U.E.T£L:6l2-?«52-136S See 06 95 15:37 No.00$ P.ul AmNTION RESIDEMS & BUSINESSES; Resurfacing work on Highway 12 in Wayzata, Orono and Lon^ Lake ?e0me Friday, September 3. SAFE^v SMART »» vmiR FART SLOW IN WOBK ZONES <1 1 ' • • d** • * • ‘ *•*• ;••«* • 1 •• « t *•* • ^ • • *• • ’ •• • •••' • • • * • • ' • Mn/DOT Metro y.E.TEL :6l2-582“1368 Sep uo 95 15-37 No.OOS F.02 RE5URPACING WORK ON HIGHWAY 12 IN WAYZATA. ORONO ANO LONG LAKE BEGINS FRIPAY__________ «ork on Hi?h^ay 12 frc-r. 1/2 mile eae' of Weyzete Soolevaro in W«yzat« to Old Crystal Say Road in Orcno begins n-day, September 8. Crews will work ri^nts and some days from 7 a.m. Friday, Seotember 8. until S a.m. Fnday September 15. Please watch for signs In the area for lane closure mrormation. There will be two 'anes of traffic, ore lane in each direction when work is taking place from Old Crystal Bav Read to Martha Lane, but seme traffic delays a.m expected. Traffic will be reduced to a single lane for both directions of Highway 12 when work is taking place from Vartha Lane to Wayzata Bo.ilevard. Traffic will be controlled and fflzernstcd by f'Si^^sr'3 during the3S tirrc3. Resurfacing work 'will cause some noise In the areas where crews are working. The k.irme,o..a Departm.ent of Transportation wou d Ike to thank residents, businesses and motorists for the.r pfftier.c^ ciurint^ this projsc:,. For more information, conzact Dan Penn. Project Erginee-. 797-2072. or 2g,npa Lindberfl, Public Affairs Coerziinator, 55>2*1266. highway 12 RESURFACING FRIPAY, SEPT 3 TO FRIPW. SEPT. 15 TJ O n CQ -------------------------------- L*hl<:c lA £•u OJ.a o X3 r3 Occ o 0> n s N n:Ou A ^ Wayzata B/vc \' Project Limits I • TO: FROM: Mayor and City CouiKil Ron Moorsc, City Administrator DATE:September 8, 1995 SUBJECT: Iniemaiiorial Cit>- Management Association (ICMA) Conference I will be attending the 1995 ICMA annual conference, which is being held in Denver, trom September 17 to 20. I have auached info-nation indicating the types of workshops available a. the conference. -EDUCATIONAL P ROCRAM O VE RVIE W THE ANNUAL CONFERENCE OFFERS OPPORTUNITIES FOR CROWTH IN THREE MAIOR AREAS: PROFESSIONAL DEVELOPMENT AND SKILL lUILDINC: INFORMA TION SHARINC ON A BROAD RANCE OF LOCAL GOVERNMENT MANAGEMENT ISSUES. AND INFORMAL NETWORKING WITH COLLEAGUES TO HELP MEMBERS COPE WITH CAREER AND PERSONAL ISSUES RELATED TO THE PROFESSION educational program themes , chosen by the 1995 CONFERENCE PLAN NING committee , concentrate on five .major areas OF CONCERN TO LOCAL government /managers around the world ■ EVOLVING INFORMATION AND TELECOMMUNICATIONS TECHNOLOGIES ■ THE impact of changing NATION AL/LOCAL RELATIONSHIPS AND VOTER CHARACTERISTICS ON GOVERNANCt: ■ regionalism as a SOlUT iCN TO URBAN PROBLEMS ■ THE CHALLENGES OF ENHANCING AND SUSTAINING A COMN\UNiTV S quality of LIFE: AND ■ personal and interpersonal issues facing managers Sessions also will be devoted to pertor- mance measurement, natural hazard mitieation. wise investment ot commu- nicA’ resources, and ocher topics. For the rirst time this year, the cduca^ cional program wili kick oft with a block of concurrent mini-plenarv ses sions following the Opening Session on Sunday Attendees can go to one or three sessions exploring: • New approaches to managing me imerdcoendence or metropolitan regions; • Compassionate ie.:dership as a wav to enhance creativity producti\it\. and organizational excellence; or • The evolution cf afSrmacive action policies and their impact on vour ortranizacion and communin'. In addition to interactive sessions with small panels ot high-qualit\ speakers, manv sessions will reature new formats These sessions will begin wirh an over\ less bv expert panelists, then will break up into small groups :or discussion. Information sharing also will take place during lunchtime oreaks. Structured and taciiitated—but inrormal — opportunities »vill be scnecuied. allossing time to discus^ management cnalienges and '*oiu- tions with vour colleagues. ► OR A DAILY LISTING OF CONCURRENT EDUCATIONAL SESSIONS ORGANIZED BY DAY AND TIME SLOT CONTACT JFAN BUCHANAN AT ICMA. 202/962-J623 INFORMATION AND TELECOMMUNICATIONS TECHNOLOCIES Move oirT the on-ramp and onto the information superhighwav. These sessions will help \X)u maJee the most of new informauon technologies in the work place. Learn hou ro deal with the on slaught of cable and telecommunications W' companies, lex'crage telecommunications infrastructure ro aaract and retain busi nesses. and empower your emplo\*ees and vounelf with the latest technologies. Following are the tentative session titles; • Information Technology 101 • Surhng the Internet: >X’hat Does It Mean for Me? • Bridging the Information Technology Gap • Survivor s Guide to Dealing wth Cable and Telecommunications Companies • Strengthening Local GoAxrnment through Innovative Technology' • Attracting, Retaining, and Expanding Business by Using Telecommunications Infrastructure •A Managers Guide to Choosing Computer Software and Hardware GOVERNANCE .Many ICM\ members report a growing sense of alienation, apathy, or downright hostility toward local government from citizens in their communities. Citizens make unprecedented demands tor service but refuse to support higher taxes. Ses sions will examine the possibilities for improving this situation by nurturing leadership skills in elected officials, working with the media to educate and empower citizens, and changing staff prioiiucs. Hear how to determine if your local government is organized for the most effective service delivers', and learn about o - # the impact of change in fedenJ funding, lenudvc session tides include: • Rebuilding Trust in Govemmenr •The New Face oflntcrgovernmental Relations • XIPTiy Reorganize? Elements of Success: The New Council Civic Journalism: Can We Be Friends? • Skill Building: Helping Staff Move from Service Providers to Faciliutors RECIONALISM Recognition of the interdependence of metropolitan regions has sparked a new’ ntcrest in regionalism. Learn how local jovemments from the urban core to the uburban fringe can work cooperathely to timulatc economic development, identify lew rr/enue sourr impros-e service leliver)', and man,<, ^ wih. Sessions will 3tplorc succcs^^fu* for ovcrcom- ng barriers to i X M"»t>erarion and sill look at thw .u;; " -gional goals nd programs on lo^ ^mmuniries. Here re die tentative ses, nties: The Role of the Core Cir\' in a Region Looking beyond Traditional Boundaries Regional Revenue Issuco Regionalism Debate: Successes and Failures City-County Joint Proiects/ Contractual Consolidation Regional Databases and GIS Sssterns Planning for Land L’se and Development :OMMUNITY QUALITY )F LIFE ocal quality of life depends on a number f interrelated concerns, including hous* ig, cmplovment. safen'. education, traffic. >uth, economic growth, and opportunirs*. Some local officials are responding to the multifaceted problems in communities with a bfx>ad-based, neighborhood approach. Sessions on this theme wnll identify how local governments can tap into cxisung resources and culuvate new relationships to sche communin’ problems. Following are the tentative session titles: • Improsing and Sustaining Community Qualin’ of Life • Neighborhood Development •TTic Holistic Approach to Dhersity in the Communin’ and ^Xbrkplace •Assisting Disadvantaged Children and Families •Affordable Housing • Youth V'iolence and Gangs • Anracting Foreign Investment and Markets PERSONAL AND INTERPERSONAL ISSUES Tfie lCMA.*\nnual Conference tradi- tionallv includes several sessions that focus on the human side of the profes sion. Personal and interpersonal issues play an important role in a local govt rn- ment manager's job effectiveness and satisfaction, as well as in his or her tamiiv life I hese sessions are desitzned to be intere^ring and useful to members, as well as to their partners. Tentative session titles include: • The Personal Impact of Stress • Personal Family Finances •Survival m the Profession • How Personaiin* T'pe .^ffecr.s Management St\lc • WTiv Aren t Our Meetings Fun * w Anymore' • Family Ethics THE 1995 ANNUM CONFERENCE PLANNtNC COMMITTEE 15 EXCITEP ABOUT THIS YEAR ’S EDUCATIONAL PROCRAM. WHICH FOCUSES ON IMPORTANT ISSUES MANACERS ARE FACINC AS WE APPROACH THE TURN OF THE CENTURY. AND WHICH HICHLICHTS INTERNATIONAL SOLUTIONS TO COMMON CHALLENGES WE LOOK FORWARDTO SEEING YOU IN DENVER. JAN PERKINS CITY MANAGER. FREMONT CALIFORNIA CHAIR 1995 ANNUAL CONFERtNCE PLANNING COMMITTEE O / / TO: FROM: DATE: Mayor and City Council 'Ron Moorsc, City Administrator September 7, 1995 SUBJECT: Metropolitan Livable Communities Act ^ - > .tv Attachment: 1. 2. Summary of the Metropolitan Livable Communities Act Draft Housing Goals Agreement and Affordable Housing Benchmark Information The Legislature recently passed the Metropolitan Livable Communities Act in an attempt to encourage affordable and life-cycle housing in the suburban cities. The implementation of the Metropolitan Livable Communities Act is being coordinated by the Metropolitan Council. The Act is being billed as a "carrot" approach versus a "stick" approach. The purpose of the Act is to encourage affordable housing through financial incentives versus requiring affordable housing through regulations. A key element of the Act is that, to be eligible to participate in any of the programs, a city must do several th‘ *^a. 1. By November 15th of 1995, adopt a resolution that does three things: a. " Indicates the city ’s support of affordable housing principles b. Indicates the city ’s agreement to use benchmark housing indicators as affordable housing and life-cycle goals for the period 1996 to 2010 and to make our best efforts to meet these goals. c. Indicates the city ’s election to participate in the Act’s local housing incentive program 2. Aiiree to negotiate affordable housing goals with the Met Council and to prepare and submit a plan to the Met Council by June 30, 1996 indicating the city ’s action plan for meeting its housing goals. Costs . . If the city elects to participate in the program, the city is required to earmark a minimum amount of funding for affordable housing. Orono ’s amount would be approximately $15,000 per year. If these funds are not used for affordable housing by 1998 the city would forfeit these funds. Cities are not required to participate in the program. There are no direct costs to cities who elect not to participate. However, if the cities do not participate in the program they will not be eligible for the housing funding assistance provided through the Livable Communities Act. Also, when the city is involved in activities that require Met Council review, such as ISTEA Fir^ Metropolitan livable C September 7, 1995 mme2or2 »11 M [unities Act Grants (for trails or reads), MUSA amendments, comprehensive plan amendments, etc.; as part of the Met Council ’s review it must consider whether the city is participating in the housing goals program. Affordability Standards An affordable single family home is determined by what would be affordable to a person at 80% of the median income of the Metropolitan Area. This translates to a home value of $115,000. An affordable rental unit is determined by what would be affordable to a person at 50% of the median income of the Metropolitan Area. This translates to a rental rate of $500.00 per month. Benchmarks The Met Council has developed benchmarks as guides for affordable housing goal setting. These benchmarks indicate the percentage of affordable housing in comparable cities, the percentage of non-single family detached housing, the owner versus renter mix, and density of single family and multi-family housing. The benchmarks for each city are an average for those cities of similar location and stage of development. For example the benchmarks for Orono are the average for all 3rd or 4th ring suburbs in the Metro Area and the average of all west Hennepin suburban cities. Each benchmark item has two numbers; the first, is the average for all cities in the metropolitan area that are in the same suburban ring as Orono. The second, is the average of all cities in the same sector of the Metro Area as Orono i.e. west Hennepin suburbs. Housing Goals Among the housing goals to be considered are maintaining the affordable housing we currently have, and providing life-cycle housing i.e. non-single family housing (townhomes) for "empty nesters" who no longer need or want a large house and lot but who want to remain in the area. Clustering Met Council staff has indicated that communities can "cluster" or work together to jointly meet housing goals. The cluster could involve one or several cities providing financial assistance to another city for constructing r maintaining •'ffordable housing. Flection Deadline November 15 Cities have until November 15, 1995 to elect to panicipate in the housing goals program for 1996. If a city does not elect to participate in 1996 they will have an opportunity to make this election by November 15, 1996 for the 1997 program. Prior to considering the election, it may be helpful to have a preliminary discussion with Met Council staff and/or with .Mary Hill Smith, Orono ’s Met Council representative; to clarify the program and requirements, and to get some insight into the Metropolitan Council ’s expectations regarding Orono ’s housing goals. # *1 tr.rrut. v i !.■/••»»» W ^ wMetropolitan tfie MmmmL. Awwone iar iHe /V » -f/:/'s/SM>i:Ki' l/i'il-U ^cT — :^//v ir.>.-^/A/A/>-y-/ ^,' >V/ /r/■>4'' ^^ton Mean Park Ceno-e 230 East Fifth Str«t St. Paul. Minnesota 55101-1634 :6121 291-6359 TTY 291-0904 MeOro Info Une 229-3780 Metropi m C * 1M » , iwa ^^onvmu^nclc^ Indivklual communities, woridng in partnership with the Metropolitan Council. An investment in the health and vitality of the region. The Legislature established a fund for communities to invest in local economic revitalization and affordable housing initiatives. The fund has three separate accounts dedicated to cleaning up polluted land; revitalizing communities and promoting efficient development; and providing housing that ’s affordable to people living on low and moderate incomes. The new law is cited as unique in the nation. Its benefits are clean ■ cities and towns are eligible for dollars to improve communities, and, ■ local units of government are in the driver ’s seat to guide local planning and decision-making. Communities choose whether to participate and help determine how to use the resources available. To be eligible for funding, communities, by Nov. 15, must declare their intent to participate in the housing program. Communities in the Twin Cities metro area. The -Uvable Communities Acf is an investment in the region. It will contribute to the economic well-being of the central cities and surrounding suburbs. It will expand affordable and life-cycle housing opportunities where job growth is highest. And. it will encourage communities to be creative about development and redevelopment efforts and promote growth that is more co.Tipact and transit-oriented. The emphasis is on cooperation and incentives to achieve regional goals. Local units of government are best suited to make decisions about how their cities and towns will grow and develop. However, the law recognizes it will take partnerships and shared responsibility in the j'egion to continue our economic successes. Communities are encouraged to include housing diversity and choice among their primary objectives. Priority for infrastmcture investments is given to communities that choose to participate and further their commitment to providing housing that is affordable to low- and moderate-income families, families just starting out. single people and elderly residents. These basic principles championed in the Livable Communities Act are also supported by the Council ’s Regional Bluepnnt ^cyy-aav-te You might ask, “How will housing that ’s more affordable improve my community?" Affordable and life-cyde housing is an economic investment we make in communities and their residents. It is a commitment to young families, single people and older residents that they can afford a home movein me community ot their choice, it is an opportunity tor families '"‘"S ^ incomes and single people pursuing independence. Couples you g a out of their community simpty because they can ’t afford to live there. Housing atfordaCiity allows people who commute to work in "9 su^* Vm jobs. It allows unemployed and underemployed people to have ^«ess >° and nvable wages. It provides a labor supply for businesses in growing abes and towns. Closing me gap between where me jobs are —and where IM people live who need jobs will help ensure continued prospenty and community stability in the Twin Cities area. To help pay (or me programs outlined in the new law. the Legislature created the Metropolitan Livable Communities Fund. The fund is made up of three accounts administered by the Metropolitan Council. The Local Housing Incentives Account is at the heart of the Uvable me Legislature ’s answer, with bipartisan and wide-ranging local support, to one of the hotly-debated issues of me decade —affordable housing. outlined in mis section of the new law and must work toward housing goals developed cooperation with the CounciK One source of funding to help achieve housing goals is the -Affordable and L'^e-Cycle Housing OoDortunities Amount' calculated for each community according to a formula prescnbed in Ss law tocslly-^^ dollars cibes ahd .owns can apply toward affordable and life-cycie housing within their own communities. Beginning in 1998. however, participating communities that aren ’t meeting housing goals, or spending^heir affordable and life-cycle housing opportunities amount to meet heir joals. must dLnbute this amount to their city or county housing authority or to the regional housing fund. A second source of funding is the account itself, which is a regional fund to help Pa^cipating communities that have not met their housing goals, but are actively and life-cvcie housing opportunities. This account will generate about SI milhon m 199®- ooo^in 1^97 and approximately SI .5 million a year beginning in 1998. Funds from the Housma Rnance Agency totaling S3.5 million and S600.000 from the Mpis.-St. Pau' ^^THouXFunrXcSesourc^^^ ,o S5.I million for 1996. All three agencies will work together to coordinate housing investment in the region. Communities that receive un i. match these grant dollars. ThP Tax Base Revitalization Account provides grants to communities to help dcan op II toH land and oave the way for economic development and job growth. Dollars availaj.'e Si* gh mis aolnnoflfan esfima.ed S6.5 million a year and come from a Council levy for .he Righhof-Way Acquisibon Loan Fund (HALF) and a portion of me fiscal disparities pool. X« hw wiinihle for funds from this account, communities must choose to participate in me housing f nronram and work toward housing goals developed in cooperation with the Council. Grants from this account may be used as a local match tor dean up funds of S7.8 million li.-m the i ^rtnnuint'A't*move Metropolitan CouncileirI jobs ill help . It is litan Department of Trade and Economic Development totaling $20.5 million in resources.The Livable Communities Demonstration Account provides loans and grants to revitalize neighborhoods and promote efficient development. Dollars available through this account total $4.6 million a year initially and are generated by taxes formerly levied by, and payments formerly made to, the Metropolitan Mosquito Control District. (Beginning in 1997, $500,000 a year will be transferred into the Local Housing Incentives Account) Dollars in this account will provide opportunities for metro-area communities to be creative about development and redevelopment initiatives. To lend greater perspective to this part of the program, the Council will work with an advisory committee to set criteria for determining which projects qualify for funds from this account, based on guidelines in the legislation. Demonstration projecte eligible for funding, for example, must foster more compact development, housing diversity and development within close proximity to transit and other existing services. To be eligible for funds from this account communities must choose to participate in the housing incentives program and work toward housing goals developed in cooperation with the Council. A final ccmoonent of the Livable Communities Act is the urPan homestead program, which will give income tax exemptions to people who purchase and move into homes in certain declining neighborhoods. The law requires the Council to designate one or more “urban revitalization and stabilization zones ” by September 1995. Anyone who buys and occupies a home within a designated area would receive an income tax break for up to five years, provided they do not move out of the home, sell the house, fail to comply with building codes or get convicted of a felony. The law establishes a maximum exemption and subjects the exemption to certain income limits. r-c^-€ss The Metropolitan Livable Communities Act requires the Council, beginning in 1996, to issue an annual city-by-city report card on affordable and life-cycle housing in the metro area. The Council must also report to the Legislature on the probable development patterns in the metro area over the next 25 years and their impact on the region. This is an effort that has been underway at the Council since early 1995. the ^ue^tcon^P The Metropolitan Livable Communities Act is a complex piece of legislation. The Council will often look to communities to help define and interpret various aspects of the law. Direct your questions to your Uvable Communities staff team. Also, check the Metro Information Line by calling 229-3780. Or check the Twin Cities Computer Network for on-line program information You can access TCCN with your computer by dialing (612) 33^-5400, or contact TCCN Client SuDDort at (612) 332-2101. .Aiifuxt 1996 « • DR.\FT HOUSING GOALS AGREEMENT metropolitan Ln able communities act PRINCIPLES The cit\' of Orono supports: 1. A balanced housing supply, with housing available for people at all income levels. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. 4. A variety of housing tj^pes for people in ail stages of the life-cycle. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5.Housing development that respects the natural environment of the community while striving to accommodate the need for a varictA’ of housing t>'pes and costs. 6.The availability of a full range of serv ices and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City of Orono agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to remain w ithin or make progress toward these benchmarks. CITY CSDE.X 1 BENCHMARK GOAL 1 AfTordability Qivnenhip 30%60-69% Rental 18%35-37!'. Ure-Cycie ftnily 2% • 3W7% XJf OwB«r/rcfltcr Mix >1/9%(C7.7S) / (2«3)% • . Density Sincic-FamiU Dctjchcii 0.9/acrc l.8-1.9/acrc .Mullifamilv 6/acrc lO-N/acre ... To achieve the above goals, the City of Orono elects to participate in the .Metropolitan Livable Communities .^ct Local Housing Incentives Program, and will prepare and submit a plan to the .Metropolitan Council by June 30, 1996, indicating the actions it will take to 'carrv out the above goals. CERTIFICATION vT^%*n r a Dear Orono, Spring Park, Long Lake and Minnetonka Beach Neighbors, The month of October 1995. has been proclaimed as Crime A time to assist individuals to protect themselves and their families and to persuade them to take collective action to make their communities safer. Neighborhood Crime Watch Is a way to participate with your neighbors and the local police department to keep your neighborhood safe and secure crime. This Involves cooperating with your neighbors by watching or an p turiu.piaou. .ctlvltU, on your n.ignbor.' prop.rty ,nd In th. "'>6bbcthood In general. It also involves ways to make your own property more secure. There is an abundance of free information and material available to who are willing to participate. For example, Crime Watch Securly Stickers for your Endows and doors or use of an engraving tool to apply an Identifying number To yo^personal belongings for the nationwide Operation ID jus^ for the asking. Or if you would like, a free security evaluation property by trained crime prevention police officers, can e * , Llghbo^hoL nay wish to install Crime Watch Neighborhood signs at locations for a small cost that usually can be easily funded through contributions. To find out more about this neighborhood J S A, cinceJnld Crir,, «atch neUhbors, w. will be pleased to talk with you and piovlde you with whatever material you need. Gary Cheswlck Orono Chief Of Police wf a/95 HH t*( • I state of Minnesota Board of Government innovation and cooper^O|d^ «f ssise • eia/aia-aseo • fx en/aea-sissittoii Bviietiifl • so fiMrbmM ahmiw • saint nuL t.lliTtA i August 28, 1995 Dear local government officials; As stale legislators, we recognize your responsibilities have oecome increasingly difficult in recent years. While strong public sentiment has precluded state and local officials from approving tax increases, the demand for high quality public services continues to grow. In an effort to discuss opportunities for addressing the fiscal challenges we face, we would like to invite you and your colleagues to a public forum on Wednesday, September 27, 1995. The public forum wiU be held from 6:30 p.m. to 9:30p.m. in the Minnetonka City Hall Council Chambers. The Minnetonka City Hall is located at 14600 Minnetonka Blvd. in Minnetonka. The purpose of our regional forum is to bring together all elected and senior administrative officials from our counties, cities, and school districts to discuss our common goals. A portion of the public forum will focus on opportunities for intergovernmental cooperation and collaboration as a means of improving the efficiency of our public services. This forum will also give local officials an opportunity to let us know what the state can do to assist you in your effort to improve the quality and efficiency of the services you deliver. The public forum will be facilitated by Jim Gelbmann, Executive Director of the Board of Government Innovation and Cooperation. This state Board was created by the 1993 Legislature to promote intergovernmental cooperation and innovation in tlie delivery of public services. Jim will be on hand to inform local officials about die various programs ol the Board. The programs of the Board of Government Innovation and Cooperation are designed to empower local officials to develop more efficient and effective ways to achieve desired public policy outcomes. For example, the Board has a relatively simple process for waiving state administrative rules and procedural laws that may impair the ability of local officials to administer their programs in Uic most effective and efficient manner possible. Jim will share with us the results of several of the projects the Board has sponsored in other areas of the state. If you nave question about the forum, please feel free to contact Jim at (612) 282-2390. We have enclosed an agenda for your review. Please feel free to extend an invitation to all senior administrative officials from your jurisdiction. We look forward to seeing you on September 27lh Sincerely, Martha R. Robertson State Senator wPeggy Leppik State Representative Ron Abrams State Representative ^I y Gen Olson State Senator Edward C. Oliver State Senator Barbara Sykora State Representative H. Todd Van Dellen State Representative I state of Minnesota Board of Government innovation and cooperation 809 Mmtiitetratteii ■uWetwa • SO SHfburw Awnw • Saint Pautu Mlnnwof MIW • •M/292-UtO • fx tU/ata-SSIl LOCAL GOVERNMENT OFFICIALS’ REGIONAL FORUM Minnetonka City Hail Council Chambers Wednesday, September 27, 1995 6:30 p.m. to 9:30 p.m. 6:30 P.M. Introduction Of Le^sIattH^ 6:40 P.M. Overview Of The Evening ’s Activities - Jim Gelbmann 6:45 P.M. The Board of Government Innovation and Cooperation: A Resource For Local OfTicials Identirication and Discussion Of Several Pilot Projects and Waivers Identify and discuss Legislative Auditor’s Best Practices Project 7;05 P.M. Panel Discussion Of LtKal OfTicials - One rrprMentative of each of the following levels of government: County, City, and School District “What is the current status of intergovernmental cooperation and innovation within the region?” Are there any inteneovemmental forums for discussing expanded opportunities for intergovernmental cooperation and innovation? Identify specific intergovemmentai initiatives that are currentiy in progress. Wlial other activities have been tried? Have there been any notable successes? Have there been any initiatives that did not meet expectations? How do citizens react to intergovernmental cooperation and other innosathe initiatives? Is there hderest in pursuing consolidations of one or more local governments within the region? What are some of the bairiers to intergovernmental cooperation and innovation? How can those barriers be eliminated or minimized? Can you identify specific opportunities for future intergovemmentai cooperation and innovation relative to the delivery of local government services? Are there examples of duplication of effort that results in inefficient or ineffective local government service delivery? 7:45 P.M. Break 7:55 P.M.What role can the State play in assisting ItKal officials? Participants will be asked to identify and discuss state policies that may impair the ability of local officials to effectively and efficiently deliver essential public services. 8:15 P.M. Small Group Discussions “What opportunities may exist for increasing Intergovernmental cooperation within the region?” Identify specific actions that need to be taken to take advantage of these opportunities. 8:45 P.M. Summary Of Small Group Discussions 9:05 P.M. Where d^ we go from here? IIow do we assure that there will be follow up to the day ’s discussions. 1<*» state of Minnesota Board of Government innovation and Cooperation we Mmlwtetratiow ByWcnw • SO • Satm eml. wnww—et» 88111 • eu/an-aWO • f-.'K S12 JK S5S3 September 6, 1995 TO:Minnetotika City Officials Deephaven City Officials Excelsior City Officials Greenwood City Officials Orono City Officials Shorcwood City Officials Wotxlland Citv Officials Hopkins School District Officials Minnetonka Schwl District Officials Way/ata Sc 1kx )1 District Officials Westonka School District Officials Orono School District Officials FROM: RE: Jim Gclbmarw Executive Director Regional I'orums Sponsored By local I cgislators Ihe attached invitation to a regional forum for local government officials is the first of two regional forums that will be held in your area. You will be receiving an invitation to the second forum shortly. Tlie forums arc s|x^nsorcd by area legislators :uk 1 are interxled to bring together city, county. sc Ikx )1 district and state officials for tJie purpose of discussing opportunities to provide more effective and efficient services to the citizens we serve. Tlie September ’ ih forum will bring together county, city and school district officials who represent and serve citizens in Decpltaven. Excelsior. Golden Valley, Greenwood. Long Lake, Loretto, Maple Plain. Medicine Lake. Medina, Minnetonka. Orono, Plymouth, Wayzata and Woodland, A second forum on the evening of Wednesday, October 18, 1995, will be sponsored by a second group of legislators and will bring together county, city, and school disfict otficials who represent and serve citizens in Clianhassen, Deephaven, Eden Prairie, Edina, Excelsior. Hopkins, Minuctonka, Minnetonka Beach, Saint Louis Park. Shorcwood. Tonka Bay, and Woodland. Because legislative disuict boundaries are rarely coterminous with city and school district boundaries, the overlap in the areas covered by the two forums was unavoidable. While the agenda for both forums will be the same, please feel free to attend both forums if you so desire. Ideally. I hope all cities and school districts will be well represented at both forur i. Therefore, you may want to discuss llicse two forums w ith your colleagues and make certain that several individuals from your unit of government will be at each forum. If you have questions or concerns about these forums, please do not hesitate to contact me. My Office telephone number is 282-2390. I can al.so be reached ai home on evenings and weekends at 739-5575. I How will Uiof rnelro area look in 25 yuars? taM|pnp ffVl |ii Ih #«* Iwm C ihi-% <iira. «wmM m.Ar 4ir «n««»ttiif||f*«l (iMimy M Mtmw«iia m itiiM* ll«an twn «• llw id D.jkiiU ( tMitly llir n’lfumt n kmv% mA Im ititiM m>ar^ HI p*R ••fil in dmr wM 25 WlMn*' nnit ll»i*y 4M !«»■•/ C h. «4«m* shimttil fkmy .lil Wm-/ m* < cnmi it kn #wr Inr urm MMi* #ir MitMto lo UKt^Mki Any<4fhr (lyilMim -<m a 1 nn4wniil«f»i «itttkl Im‘ iIw kiM« kw IIm' IiH .Mlilll 111 UlhlW <ll‘V«*lll|Mtl|>fl| fin* lw«% < .HIM imH lit I I rutnuMi iMniiiti* hy Ik* yv.w 2M21I. ti|i ktati ImiiyrA 1 4 ItMftkjH), ai tiailiHK It* Mi UiifHiiMaH f num il ttw* k««i ,rsl nk it'iK ihi* gMiwIh ilui^ WiK Ik' |»,is4 2S v« .kv : ♦ •» 4 HM w l»y %7MB4I A Rk cnlly mmrnnMy Ui* hi«o. 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