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04-11-1994 Council Packet
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S, V / >. -r •\ P^' ,v'- % •'V" ■TV* «• *, y-* '• % •->* • • .#‘I *:v # •g* T V>• m ♦.- H J 1 ■'-'• 4 ':•'' ''■* f,.t\4 ./ # vj^■4 ♦ f 'y **# 4‘m 4 :v/ *< «# *'• 'f « I *' v ^4 A f ^ s / » % ^ • f • f /♦ *. '4.x X "•# p y -4 •4 >. * ^ . > V 4 ♦w i»'V • I > ' • . % t- ifi*' •m?. hB-4.>iuiit'''J P^‘I4 - 1 •.!! AGENDA FOR COUNCIL MEBTINO SET FOR MONDAT. APRIL 11, 1994, 7:30 P.H. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKNAY, 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 regerding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL * 1. CONSENT AGENDA APPROVAL OF MINUTES * 2. Regular Meeting of March 28, 1994 ctry. PARK COMMISSION COI PLANNING COMMISSION COI TS - Charles Nolan, Jr. PUBLIC COI TS - (Liait 5 Minutas Par Parson) ZONING ADMINISTRATOR'S REPORT ** APPLICANTS •* Immediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials 3. #1862 Three Star Trucking, 2590 Watertown Road - Final Subdivision - Resolution 4. #1885 Lundgren Bros Construction, Inc. - 2675 Sixth Avenue PRD/Subdivision - Sketch Plan Review 5. #1898 Paul & Rose Hauser, 2801 Casco Point Road - Variances - Resolution 6. #1901 Tandem Properties, 2645/3025 Watertown Road - Preliminary Subdivision - Resolution 7. #1907 James & Joan Jundt, 1400 Bracketts Point Road - Variances - Resolution 8. #1908 David Carlson, 620 Big Island - CUP/Variance - Resolution 9. #1910 Orono School District #278, 795 Old Crystal Bay Road - CUP - Resolution 10. Richard R. Hansen - Request to Amend Developer's Agreement for Foxwood Second Addition 11. 1994 Joint Use Dock License - Vets Camp, Big Island - Resolution *12. Update on 1994 Marina License Application MAYOR/COUNCIL REPORT ENGINEER REPORT CITY ADMINISTRATOR'S REPORT 13. Employment of Part-Time Police Officer 14. Employment of Part-Time Clerical Police Department 15. Employment of Assistant Finance Director and Sr. Accounting Clerk 16. Agreement With the City of Long Lake to Provide Reciprocal Emergency Water Supply 17. Dedication of French Lake Preserve Park Land - Resolution *18. Tax Forfeit Property - Resolution *19. Establish Spring Clean Up Dates AGENDA FOR COUMCZL NKSTING SET FOR IlMiDAY* APRIL 11, 1994, 7:30 P.M. ORONO COUlfCIL CHAMBERS, 2780 KELLEY PARKMAY, OROHO, MINNESOTA CITY ADMINISTRATOR'S REPORT Continued 20. Establish Park Survey Work Session 21. Establish Date for Septic System Work Session 22. Purchase of Window Treatments for City Facilities 23. Temporary Wage Adjustment - Sr. Accounting Clerk CITY ATTORNEY'S REPORT ( 24) LICENSES (•25) BILLS UPCOMXNQ ISSUES AND EVENTS 04/11 04/18 04/20 04/25 04/25 04/20 05/03 05/09 05/16 05/17 05/23 05/30 Council meeting 7:30 p.m. Planning Commission meeting 7:00 p.m. Planning Commission Work Session B-2 Zoning 5 p.m. Joint Council/School Board Meeting 6:30 p.m. Council meeting 7:30 p.m. Board of Review meeting 7:00 p.m. Park Commission meeting 7:15 p.m. Council meeting 7:30 p.m. Planning Commission 7:00 p.m. ^ , x- « School Board Election Day - No public meetings unti* after 8 p.m. Council meeting 7:30 p.m. HOLIDAY - Memorial Day ROLL MINUTES OF THE REGULAR ORC»iO CITY COUNCIL HELD MARCH 2«, 19M ^ 1 1994 Uffj The Council met on the above date with the following members present: Maytw Edw Callahan, Councilmembcrs, Charles Kelley, J. Diann Goetten, and Gabriel Jabbour. Councilmembcr JoEIlen Hurr was excused. The following represented staff: City Attorney Tom Barrett, City Administrator Ron Moexse, Building A Zoning Administrator Jeanne Mabtath, Assistant Planning & Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:30 p.m. (•#1) CONSENT AGENDA Jabbour requested that Items #4, #5, araJ #9 be auided, and Item f IS be removed from the Consent Agerala. It was moved by Goetten, seconded by Jabbour, to t^^rove the Consent Agenda as amended. Ayes 4, nays 0. (*#2) APMIOVAL OF MINUTES It was moved by Goetten, seconded by Jabbour, to approve the Minutes of the March 14, 1994 City Council Meeting as submitted. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no public comments, ZONING ADMINISTRATOR’S REPORT (#3) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - ROAD NAME APPROVAL Mabusth reviewed the applicant’s request and noted that the prt^rty owners requested that the Council consider approval of the name "Truffula Trail" as referenced in a Dr. Seuss book. 1 MBWTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 28, 1994 (#3) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - ROAD NAME APPROVAL (CONTINUED) Gocttcn suted she felt that the name Truffula Trail" was acceptable and had no problems with the applicant ’s request. It was moved by Goetten, seconded by Jabbour, to approve the name Truffula Trail for #1862 Three Star Trucking. 2590 Watertown Road. Ayes 4. nays 0. (•#4) #1906 GEORGE ROSCOE, 4030 ELM STREET - VARIANCE - RESOLUTION NO. 3405 It was moved by Goetten, seconded by Jabbour, to adopt Resolution No. 3405 approving #1906 Variance for Oorge Roscoe, 4030 Elm Street. Ayes 4. nays 0. (*#5) #1909 DAVro AND MARGARET VERGEYLE, 1485 GREEN TREES ROAD - VARIANCE - RESOLUTION NO. 3406 It was moved by Goetten, seconded by Jabbour. to adopt Resolution No. 3406 approving #1909 Variance for David and Margaret Vergeyle, 1485 Green Trees Road. Ayes 4, nays 0. (•#6) JOINT USE DOCK LICENSE QUESTION - MINNETONKA POWER SQUADRON It was moved by Goetten. seconded by Jabbour to direct staff to proceed with the revision of the Joint Use Dock License application form, set a public hearing date, and draft a resolution for adoption by Council regarding the Power Squadron ’s use of the dock. Ayes 4, nays 0. (•#7) BLUFF ISSUES - REQUEST TO DNR It was moved by Goetten, seconded by Jabbour, to direct staff to forward the attached letter to the DNR and await their response. Ayes 4, nays 0. MAYOR/COUNCIL REPORT Mayor Callahan discussed several meetings he had attended recently. He noted that the Police contracts had a provision for a task force comprised of four mayors, and they will be meeting this Thursday morning. He stated he and Ron Moorse met with the Mayor of Wayzata and Peter Fausch of Strgar, Roscoe, Fausch to discuss putting Wayzata ’s Public Worl« building adjacent to the cemetery and the day care center. He stated they would like to have the City Council review this in the near future. Discussion ensued regarding the land and the possibility of their ceding some land to the City of Orono. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 28, 1994 MAYOR/COUNCIL REPORT (CONTINUED) Mayor Callahan stated that he and City Administrator Moorse had met recently with Karen Anderson, the Mayor of Minnetonka and David Childs, their City Manager, and the Mayor and City Manager of Wayzata to discuss issues pcninent to all three cities. Jabbour commented he felt it was very important to continue these meetings to ensure good relations between the cities as they can help each other in the future. Mayor Callahan commented he was meeting with the Mayor of Long Lake the following morning. Kelley inquired how the mediation was going and Mayor Callahan responded that no decisions had been made By MnDOT and their next meeting would be in June. Mayor Callahan stated he would like to have a City Council Work Session scheduled as soon as possible to discuss the Police Department goals that Moorse had submitted to them. Possible times were discussed, and it was decided to meet on April 7th at 8:(X) a.m. POLICE CHIEF REPORT Chief Sullivan presented a report to the Council and noted it contained informauon regarding how the department was working and would lay a foundation for future discussions between the Council and himself. He stated that there were some concerns about Minnetonka B^h and the traffic in that area and commented that they arc trying to improve enforcement in this area. Discussion ensued regarding speeding on County Road 15 and measures which could be taken to resolve this problem. ENGINEERS REPORT There was no Engineers Report. CITY ADMINISTRATOR’S REPORT (#8) SCHOOL DISTRICT SUMMER RECREATION PROGRAM FUNDING Moorse generally outlined the situation with the summer recreation programs and asked the Council to indicate the City’s preference for funding the 1994 Summer Recreation Program. He reviewed the options available to the Council. Goetten stated that the City’s budget was put together last year and she felt that people should be willing to pay fees for programs rather than have the City pick up more of the costs for these programs. Jabbour stated he felt that they had to stay within their budget and while he sympathized with the School District, he felt the City should not increase their support. It was moved by Goetten, seconded by Kelley, to continue to contribute the amount of $2,7(X) toward the funding of the Summer Recreation Program. Ayes 4, nays 0. MESUTES OF Tlffi REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 28, 1994 CITY ADMINISTRATOR’S REPORT (CONTINUED) (*I9) GOLF COURSE - SEASONAL EMPLOYEES It was moved by Gocttcn, seconded by Jabbour, to employ the following persons at their respective hourly rates with employment to start no earlier than April 2, 1994 and to continue for a period not expected to exceed six months from the date of active employment: Forest Jostrom. counter helper. $5.65 per hour, effective April 2. 1994 William McIntyre, counter helper, $5.65 per hour, effective April 2, 1994 John Ross, counter helper, $5.65 per hour, effective April 2, 1994 Don Oas, starter, $6.06 per hour, effective April 2. 1994 Doug Erickson, groundskeeper helper, $6.35 per hour, effective April 2, 1994 Ayes 4, nays 0. (#10) PARK MAINTENANCE CONTRACT Moorse reviewed the request and recommended employment of Grounds Crew Firm, the low bidder. He felt that this would provide better service for the City for maintenance of all the parks and the grounds of the City facilities. It was moved by Jabbour, seconded by Goetten to award the contract for the City parks buildings and grounds maintenance to Grounds Crews in the amount of $13,829.72 for the 1994 season. Ayes 3, nays 1. Kelley stated he felt that there should be more kids who want to work during the summer and he would like to see some kids from the community be willing to work and take some pride in their community. Goetten requested a report from staff at the end of the summer. (#11) LIQUOR VIOLATION HEARING PROCESS Moorse requested the Council to set a date for the liquor violation hearings to be held. Mayor Callahan commented that it appeared that May 9, 1994 would be the first available date and directed staff to notify the appropriate panics. He requested that this matter be handled as expeditiously as possible. It was moved by Callahan, seconded by Jabbour that the hearings for liquor license violations be set for May 9, 1994 at 7:00 p.m., or at 7:30 p.m. if Councilmember Hurr is unable to be present at 7:00 p.m. Ayes 4. nays 0. MINUTES OF THE REGULAR ORONO CITY COtNCIL MEETING HELD MARCH 2S, 1994 CITY ADMINISTRATOR’S REPORT (CONTINLTJ» (#12) PROCESS FOR CONSIDERING THE CLOSURE OF WIOSPECT AVENUE Maycx* C^lahan noced that the Park Commission had recommended the closure of Prospect Avenue to allow for park use of the property formerly used as the City facility without a ro^ through the center of the park. He felt this should be discussed at a public hearing, and directed staff to place this item on the agenda for the April 25th Council meeting. (•#13)STEP INCREASE - OITICER LARRY TOMCHECK It was moved by Goetten, seconded by Jabbour to increase Office Larry Tomcheck’s salary from $19.30 per hour to $19,767 per hour as of April 7, 1994, as per the 1994 LELS contract currently in effect. Ayes 4, nays 0. (•#14)MICROFILMING OF CITY RECORDS It was moved by (Joetten, seconded by Jabbour to accept the proposal from the State Micrographics Unit to perform the microfilming of the City’s records. Ayes 4, nays 0. DESIGNATION OF PARKLAND Discussion ensued regarding a possible subdivision of the "Old Sewer Pond" property to separate park property from the driveway. Moorse questioned whether a formal subdivision was needed, as it was possible to create parkland by designating it as such on the City maps. Discussion ensued regarding land that was owned by the City and land was officially parkland. City Attorney Barrett cautioned that once land was officially designated as park land it was very difficult to reverse the process. Jabbour commented he felt that the road should be under the jurisdiction of the City and the park land should be a park. Mayor Callahan noted that a resolution could be passed which would accomplish this, and he requested staff to place this item on the next Council agenda. Moorse provided an update on current legislation that could affect Orono. Moorse stated that without action by the Legislature there will be a shortfall in funding for state aid to cities which will translate into a decrease of funds for the City of Orono. He commented it appears that the House is leaning towards providing the full funding, but the Senate is leaning towards restoring half of the shortfall. Jabbour commented he felt that Orono should have a fall-back position in the event the Legislature freezes the levy because that would create a problem. Moorse discussed the annexation legislation and commented that nothing significant appeared to be happening there. He noted that information regarding elections had been provided to the Council, and referenced several other items. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING ISLD MARCH 28, 1994 CITY ADMINISTRATOR’S REPORT (CONTINUED) Mayor Callahan commented he felt that most legislators from the Orono area fee! as Orono does about these issues, and he felt they should write to them informing them they had the support of the Orono City Council. Moorse discussed the lease agreement with OBA and noted that the language now called for OBA to construct the fields. Also, the City’s i tsurance will cover claims related to the ballfields as though they were City property. Jabbour stated he felt that the City should obtain an option to purchase the property at the end of the lease. The other Councilmemhers agreed. (#15) LICENSES Jabbour requested this item be pulled from the Consent Agenda. He stated he had received several calls from residents regarding the application for a kennel license by Mr. Anthony Faras at 975 Tonkawa Road. Mayor Callahan stated he felt the four items recommended by staff should be complied with prior to issuance of the kennel license. He requested that the license application be tabled until this had been verified by staff. Callahan moved, Jabbour seconded, to continue the kennel license application for Anthony J. Faras at 975 Tonkawa Road until April 11, 1994. Ayes 4, nays 0. Callahan moved, Goetten secoraled, to grant the following license: Septic System Installer:Volkenant Inc. Maple Plain, Minnesota Ayes 4, nays 0. (•#16)BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD MARCH 28,1994 adjournment The meeting adjourned id Executive Session at 8:50 p.m. Edward L Callahan. Jr.. Mayor ATTEST: Dorothy M. Hallin, City Clerk TO:Mayor and City Council Ca FROM;Ron Moorsc, City Administrator DATE;April 8, 1994 SUBJECT: Park Commission Recommendations Regarding the Tandem Properties Subdivision At its April 4 meeting the Park Commission discussed and made recommendations concerning several park related issues concerning the Tandem Properties subdivision. Chairman Flint will present these recommendations at the Council meeting. The recommendations are as follows: 1.The Park Commission recommends the Council formally approve the concept of a trail along Old Crystal Bay Road to the Luce Line as part of its consideration of the Tandem Properties subdivision. The Commission believes the bike trail on the Tandem Properties subdivision should not be required unless there is a commitment by the Council to complete the trail on Old Crystal Bay Road at some future date. 2.The Park Commission recommends the developer bear the cost of constructing the trail along Old Crystal Bay Road as part of the subdivision requirements. The park dedication fee requirement should not be reduced by the cost of the trail. The cost of the bike trail is estimated at $30-40,000. 3.The Park Commission re-stated its initial recommendation that the three acre sacred land site be accepted as park land only if it is shown to be sacred 1^ through a formal determination by a recognized authority. The Commission determined the property does not effectively serve any other park related need. REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: J 1 im Department Approral: Name Jeanne A. Mabusth Tllle Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1862 Three Star Tmcking. 2590 Watertown Road - Final Subdivision Resolution List of Exhibits A “ Final Plat Meadow Wood Pond B - Resolution No. 3382 Approving Preliminary Plat C - Rob Suess, Jr. Letter D-1 Site Plan for Driveway Plat Road D-2 Existing Site Plan E - Resolution No. 3045 Granting Preliminary Approval of Three Lot Plat for Subject Property F - Three Lot Plat Approvttl in 1989 The applicant has fulfilled all conditions of Resolution No. 3382, granting preliminary approval of the eight lot plat. All required submittals have been received, including the drainage easement granted by Peter and Lois Fossen, owners of Lots 2 and 3, Block 2, Daniels Long Lake Heights. Truffula Trail was approved by Council as the road name for the private road. The City has yet to receive payment for the stop sign and street sign ($75.00 each, total fee $150.00). The only issue that staff feels needs to be addressed is the issue of access to Lot 8, the farm homestead parcel. During the subdivision review of Application #1683, the original three lot subdivision application of Mr. Suess, Council approved use of the existing paved drive serving the farm. Review Resolution No. 3045, Exhibit E. Pages 1-2. This matter was never discussed during the current review of the eight lot plat. The applicant and future owner, Rob Suess, Jr., had assumed this matter was already resolved for any subdivision of this property. Plat documents have been written to include only Lots 1-7 shared ownership and use ct plat road. The final plat resolution provides the necessary findings for approving separate accj-'s for Lot 8. Please review Exhibits C and D-1-2, driveway would have to be located to the south of the residence as the existing and alternate drainfield sites are located to the immediate north of the residence and the garage. Staff Recommendation Staff recommends the adoption of the enclosed approval resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution. A RESOLimON APPROVING THE PLAT OF MEADOW WOOD POND FILE NO. 1862 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City CouncU of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land witliin the City; and WHEREIAS, the City Council has considered the application for the subdivision of an eight lot plat by Three Star Trucking, a Minnesota corporation, (hereir,after "the subdivider"); and WHEREAS, the owners of Lots 2 and 3, Block 2, Daniels Long Lake Heights have granted a drainage easement over a drainageway that receives runoff from the subject property; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB Rural Residential Zoning District finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1, Completion of all the requirements of Resolution No. 3382. 2. 3. 4. Dedication on the plat of drainage and utility easements. Dedication on the plat of right-of-way for a public street shown as Watertown Road. Creation of a new private road shown on the plat as Outlot A to be known henceforth as Truffula Trail. Page 1 of 3 5. 6. 7. 9. Concurrent with the creation of this private road, the subdividcr has dedicated to the City a road and utility casement granting to the City permanent access, improvement and utility easements over said outloi; the subdivider has created non-exclusive ingress, egress, drainage and utility easements over said outlot in favor of all abutting and/or benefitting lots including a declaration of covenants, conditions, restrictions and private roadway easemem wherein any lot shall be sold, transferred and conveyed together with an undivided 1/7 interest in said road outlot whereby benefitting lot owners covenant and agree to permanently maintain and pay the cost of maintenance for said private road. The existing residence within Lot 8 shall maintain its driveway access directly to Watertown Road. Lotts 1-7 shall be served by the private road outlot based on the following findings: Location of the garage serving the existing residence, and the layout of existing buildings on the property, would result in the need to construct a driveway 300’ in length and destroy certain trees and amenities of the existing residence site. b.The existing driveway location serving the existing residence accesses Watertown Road at a location that is not hazardous based on venical or horizontal site lines. Dedication to the City of drainage easements providing for limitations on the use of drainage retention areas and drainageways described therein a xl shown on the plat as drainage easements. Owners of Lots 1-7 shall be responsible for regular maintenance and repairs of drainage facilities. Execution of a Developer ’s Agreement providing for the installation of certain improvements as a condition of subdivision approval. Applicant shall provide to the City a Letter of Credit in the amount of S6 1,650 (bas^ on 1994 costs) prior to the installation of these improvements. 8. Payment to the City of a park dedication fee in the amount of $13,776 Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. 10. Payment to the City for the final plat application fee at $175.00 Page 2 of 3 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Meadow Wood Pond, Hennepin County, Minnesota, subject lo the following conditions: 1. The applicaitt shall fence off all drainficld sites prior to construction of roadway and drainage improvements. Fencing shall be nuintained in place until lots are developed. 2. Prior to the insullation of private roadway and drainage improvements, the applicant must post a Letter of Credit and receive final approval from the City Engineer of road and grading plans. 3. The subdivider is placed on notice that building permits will not be issued until all drainage improvements have been installed and approved gravel road base has been installed and approved by the City Engineer. 4. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles Office on or before October 11, 1994 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. The approval granted by this resolution shall expire if the plat has not been filed by the date specified above. In that event, it wUl be necessary to file a new application with the City of Orono for subdivision review. Dated this 11th day of April, 1994. ATTEST: Dorothy M. Hallin, City Cleric Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of April, 1994 by Edward J. Callahan and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 O4/O3.04 12:31 F.4l il2 4T3 S002 ANCHOfl SCIENTIFI CI002 A' CITY of ORONO RESOLimOiV OF THE Cm' COUNCIL NO. S 3 ^ _____ A RESOLUTION GRANTING PRELIMINARY APPROV AL OF A CLASS HI SLTBDIVISION FOR A PROPERTY LOCATED AT 2590 WATERTOWN ROAD - FILE NO. 1862 WHEREAS, Three Star Trucldns. on August 27,1993, filed a formal subdivision application with the Cit>’ for approval of an eighl lot residential plat of propem’ legally described as: The West 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section ,j3. Township 118 North Ranoe 23 West of the Fifth Principal Meridian, also that pan of said Southeast 1/4 of the Southeast 1/4 which lies East of the West 1/4 of said Southeast 1/4 of the Southeast 1/4, and which lies West of the East 20 acres of said Southeast 1/4 of the Southeast 1/4, Hennepin County. Minnesota (hereinafter the propertv’ ), and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462 358 et. seq. and the Citv of Orono’s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on September 20, 1993, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon, an WHEREAS, at their regular meeting held on February 14, 1994, the Orono City Council considered the subdivision application of Three Star Trucking, noting the followmg findings of fact: 1 "Tie property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land withm each newly created lot. 2. The property contains a total of approximately 19+ acres, with .89 acres of wet area. .,^3. The proposed plat consists of eight lots each meeting the minimum requirement of 2 acres of dry buildable area. Page 1 of 6 r CITY of ORONO RESOLLTION OF THE Cm COUI^CIL NO. S 8 8 ^_____ 4 . All lots meet the standards of the RR-lB Zoning District. 5. All existing improvements on Lot 8 meet the required setbacks from the newly defined let lines. 6. 7. 8. 9. All eight lots have been found to have adequate and suitable soils for on-site septic treatmem facilities. A private road shall serve all eight lots. The curb cut for the private road has been approved by the Cit>’ Engineer fmding ttere is adequate siting distance for egress and ingress for 40 mph road. No additional cutb cuts will be allowed from this property. The City has determined that an extension road outlot to the west linking Golden View Drive is not required for this subdivision. There are no designated wetlands within the 19 -i- acre parcel but subdivider shall provide detention ponds to control and treat runoff from the site. NOW, THEREFORE. BE IT RESOLVED, that based upon either one or more of the above findings, the City Council of the City of Orono hereby approves the preliminary plat application of Three Star Trucking per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg. Inc. dated September 16. 1991. revised February 1. 1994, subject to the following conditions: 1.Outlot A at a 50’ width shall be developed as a private road and shall be built per City ’s standards. Road construction cannot commence until the subdivider has submitted engineering plans and the plans have been approved by the City Engineer. The subdivider shall execute a developer ’s agreement (see sample enclosed) and post a letter of credit (see sample enclosed) to be written to 150% of the cost of all road and site improvements. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 8 8 V--------- easements can be shown on either side of the shared interior lot lines. Applicant’s surveyor/engineer to amend final grading and drainage plans per City Engineer ’s and MCWD’s review comments as follows; Pond on Lot 8 to be shown at a high water level of 1024 with an outlet ditch maintaining normal water level at 1023.5 to protect septic system on Lot 7. B Ditches along cul-de-sac and Watenown Road must be set at 2 1/2’ below proposed center line of street grade. Grading and drainage plan should show how erosion will be prevented at the downstream end of the pond outlet. Incorporation and design of emergency overflow for northeast pond. First habitable floor elevation for house on Lot 4 shall be ^ above the emergenev overflow elevation of the northeast pond. Applicant s flna grading plan should show minimum first floor elevation for al undeveloped seven lots. F.Drainaee easements shall be designated on the final plat and applicant shall grant drainage easements over the ponding areas (see sample attached). facilities. Staff has enclosed sample of an easement/covenant for applican Page 3 of 6 o\CITY of ORONO RESOLLTION OF THE CITY COLTS'CIL NO. ^ ^ ^ _______ 6 /. Applicant shall fence off all protected drainfield sites prior to construction of roadway and drainage improvements. Fencing shall be mainuined in place until lots are developed. The City shall require subdivider obtain drainage easement over drainage ditch within Lots 2 and 3. Daniels Long Lake Heights. Dedication of 33’ of right-of-way for Watertown Road. 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 fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (with one copy for the City’s records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 2(X)’. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffm and Gronberg dated September 16, 1991, revised February 1, 1994. B. Dedication of "drainage and utility easements" as noted in item 2 above of this resolution. C. Designation and dedication of drainage easements over detention areas located in Lots 4 and 8. D. Dedication of 33’ of right-of-way for Watenown Road. E. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mongage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 4 of 6 fT* 10(8 CITY of ORONO RESOLITION OF THE CITY COUNCIL Nn 88 82 B The applicant must provide certified copies of all recorded easements currently affectmg the property. C.Signed and executed drainage easement to be taken over the detention areas within plat. Signed and executed developer’s agreement and letter of credit for site improvements and construction of private road. E.Sisned and executed road and utility easement over the private road outlot. F. G. Signed and executed declaration of private covenants Completed application for private road name. Please note the selection of the road name is separate action of the Council and should be submitted as soon as applicant has completed the selection of three name choices (sec sample enclosed). Fees to be paid: Total due: $375.00* A. Final plat fee = $175.00 B Leeal review and filing fees for subdivision and associated documents S200.00 *Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land. The subdivider shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of said land at time of preliminary plat approval. Page 5 of 6 J CITY of ORONO resolution of the cmr council NO. 838 2_____ Adopted by the City Council of the City of Orono, Mmnesou at a regular meeting held this 14th day of February, 1994. in. City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) [ward J. Callahan. Jr., Mayor The foregoing instrument was acknowledged before me on this 14th day of February 1994, by Edward J. Callahan, Jr. «fc Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NOTABY^PUSUC - MINNtSOTA HENNEPIN COUNTY My gommiMton >• Notarv Public Page 6 of 6 « . • resolution I 3 S 8 2 STATS OF MINNESOTA COUNTY OF heh;ie?im CITY OF OR'HO oing copy of i* resolu ^ -..oiutlon in the Minutes of >-heforegoing copy of i* ^"auc^i^^p'esolution in the Minutes with the original record of of said City Council held ;^oce.dings of said City CouncU that the same is a true Sn . ia\d r77riucio^« duly adopted hy said C.tyand correct copy of said reso^. Council at said meeting u r T have hereunto set my hand and seal thisIn Witness Whereof, I have ^ 17th___. day of - - - -FPhruaiiy. — Dorothy Hallin, City Cleric (SEAL) DARCm 31, l*?94 ORONO CITY HALL 2750 KEl.lEY PkwV. ORONO, HN 55356 DEAR ORONO COUNCIL MEMBERS! I have BEEN ADVISED TO SUMMIT ThIS LETTER ON ThE LAST AND Fir4AL ISSUE REGARDING ThE SUB-DIVISION OF 2590 WATERTOWN ROAD. THE ISSUE TO REQUIRED LOT 8 TO CONNECT A NEW DRIVEWAY TO THE PLOT ROAD Along with the other l lots. ThE CURRENT DRIVEWAY THAT SERVES THIS family HOME IS 175FT LONG PAVED WITH ASPhAlT FROM GARAGE TO WATERTOWN RD. ThE ONLY ROUTE WE CAN JOIN UP TO THE NEW ROAD WOULD BE 312FT FROM GARAGE TO ROAD. THIS WOULD RESULT IN The DESTRUCTION OF MANY TREES AND A BEAUTIFUL FRONT LAwN AND possible a lOO-^ PINE TREE. ThIS hOME IS ONE OF ThE ORONO ' S OuDEST homesteads AND HAS BEEN IN MY FAMILY FOR 24 YEARS. THIS ISSUE MAS COME UP ONCE BEFORE wITh ThE 1ST SUB-DIVISION OF 2 LOTS AND WAS APPROVED By OROnO. IN CLOSING I HAVE ALREADY MISSED ONE CLOSING DATE DuE TO TRYING TO FINALIZE THE 8 LOTS, wE HAVE another Closing date whil*- needs to be completed by april iqth. IF The members of The COUNCIL WOULD TAKE A MOMENT AND THINK ABOUT THERE OWN DRIVE-WAYS AND TRY TO FIGURE OUT WHAT IT WOUlD LOOK LIKE TO RECONSTRUCT THEIR HOME. I HOPE ONCE AGAIN THAT THIS REQUEST WILL BE APPROVED. THANK YOU FOR YOUR COOPERATION IN THIS MATTER. IF YOU HAVE ANY QUESTIONS PLEASE CALL ME. sincerely. ROBERT SUESS, JP. AND FAMILY officer 544-9591 HOMER 449-9614 MOBILER 860-2646 i'2 i: 9i 1> 4 4 FA a tl2 4*?r7;.:!.- / . I \ f i ir *‘ M '- - V -. *• * - II —*— ' - I* ' I " '7<^ «► ( V t I** •'% h-'-- #f//-V.- •\ \ ■■ '^ -' ‘ //i ' / / VJli. N., \ ♦ ; \ — \ * M II-1 / y \ p’ I ^ ^. cuAnfiA/T- •-V • \ s. S. / \ \ X.X N • • •• • K‘ SC' D i'*- - / I / . iji JV ^4. . T »4T I?: 4 i / t ----------------!' i /fr '^h^'V: ^ - AMD 'itfl ! i ^ ' I . i> Vi!l t \ V_. •• \ N * h I !X i?/ *1 [~ f -1 >1 \ I—., j ^j.1*. !Xf(^ivi iv «^y.. ^.. - “* y f * «v.9^u; ^ __________/ ‘------------------------------- / \J I *>s X * , .1 * s. “ /C;'J \ \ ♦N i so '^r \ ; fr t I I .Jr •♦ - • ■y • • -»•- »—•«*. — T-*ri :r. *• '*f-: ji' ;-v.i5.: -y- .*• CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045 A RBSOLOTIOM GRAHTIM6 prblimihart apprcjyal for a PLAT AT 2590 WATIRTOIIS ROAD PILB HO. 1003 WHBRBAS, Rob«rt F. Suess (hereinafter "the developer") on Auguat 21* 1991 filed a formal subdivision application with the City for approval cf a 3 lot residential plat of property legally described asx The west quarter of the Southeast quarter of the Southeast quarter of Section 33* Township 118 North* Range 23 Nest of the 5th principal meridian. AND That part of said Southeast quarter of the Southeast quarter lies East of the West quarter of said Southeast quarter of the Southeast quarter* and which lies West of the East 20 acres of said Southeast quarter of the Southeast quarter. (hereinafter the property"); and WHEREAS* after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes* the Orono Planning Commission held a public hearing on September 16* 1991* continued to October 21* 1991, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS* at their regular meeting held on November 12, 1991* Orono City Council considered the subdivision application of Robert Suess, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry bulldable land within each newly created lot. 2. The property contains a total of approximately 3.9.7 acres excluding Watertown Road* none of which currently is listed as designated wetland. 3. The proposed plat contains 3 lots each meeting or exceeding the 2.0 acre minimum lot area requirement. 4. Proposed Lot 2 requires a variance because it does not have the required frontage on a public roadway. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045________ 5. 6. 7. 8. , ^ , . - nroDoaed to front on and acceas to a privata ariv.«y to b. con.?ructed within . 50- outlet Intend.d for future development of a private road. The existing residence within Lot 3 is proposed to n.lntaln its driveway access directly to Watertown Roa . Because this is technically « •» access via a private appropria^o because• and destroy certain trees and amenities of the existing residence site. b. The existing driveway l<>VVd°:b VVoMtion*'th ”Vs‘no? hazardous based on vertical or horizontal sight lines. c. Because the property exists in two ueparate applicant could have - which of lot line rearrangment and platting wnic in resulted merely in the creation of two building n“rly the Identical layout as the current the requirement for fit ap'twocodes allow a shared driveway access rot tf residences. d. outlet A, while proposed to be .*i\e\'’^*s‘io?at2dmerely a driveway serving two new building sites, is loc so as to be available for future extension to serve tne future development of Lot 3. It is intended that Out lot A and the 3. An it shall remain in the ownership of . favor of Lots 1 access easement will be required over covenants to and 2. The developer will be ®*®®y^®enan^^ of the define responsibility for obligation driveway and Outlot A, and to define future financial o public at such time that the driveway is upgraded to private o p road status. Page 2 of 6 o. o *■ A*/ // CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045________ 9. 10. 11. 12. 13. 15. It is the City's intent that any future development of the property that creates additional residential lots using Outlot A for access will trigger upgrade of Outlot A to curren^t road standards. The developer will be required to grant to the City an underlying road and utility easement over Outlot A. It is intended that there be no direct curb cuts or access for Lots 1 and 2 directly onto Watertown Road except via Outlot A. Further, it is intended that no building permits for Lots 1 and 2 be issued until the driveway serving both lots is completed. The applicant has provided a grading and drainage plan for the property which will accomodate the current development of two building sites and which can be upgraded and revised as future dev®lopxnent of Loti 3 occurs* Th® City Engincsr h®s pr®lliiiin®ri.ly approved this plan with minor revisions. Rlght ”*of“way for Watertown Road of 33' shall be dedicated on tlie plat. Per the recommendation of the City Engineer. • drainage easement shall be granted over the existing pond on Lot 3. Lots 1 and 2 have been demonstrated to contain suitable sites primary and alternate drainfields to serve the proposed single family residences. Single family residences can be constructed on Lots 1 and 2 without the need for further variances. MOW. THBRBFORB BB IT RBSOLVBD. that based upon one or more of the survey attached as Exhibit A hereto by Coffin and Gronberg, Inc., an grants a variance for Lot 2 which does not front on a required, and grants a variance to allow development of a private drive y rather than a private road in Outlot A to serve Lots 1 and 2. subject to the following conditions: 1. Outlot A shall remain in common ownership with Lot 3 in order to facilitate future development of Lot 3. 2. An access easement shall be granted over Outlot A in favor of Lots 1 and 2. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045________ 3. Thm applicant shall executa covenants to define responsibility for construction and maintenance of the driveway in Outlet A, anc to define future financial obligation of the owners of Lots 1, ^ and 3 at such time that the driveway is upgraded to a private or public road status. 4. Any future development of the property that creates additional residential lota using Outlet A for “c^ess will trigger th< upgrade of Outlet A to the road standards in effect at tnat future tine. 5. The applicant shall grant to the City an underlying road anc utility easement over Outlet A. 6. Standard perimeter drainage and utility easements shall b< granted over the entire plat. 7. Drainage improvements to the property shall be P*' the drainage and grading plan as approved by the City Engineer subject to a Developer ’s Agreement to be executed between the City and the developer. Private driveway and drainage improvement construction can begin as soon as the engineerin< plans for such Improvements have been approved by the City anc the Developer's Agreement has been executed. Applicant shall pay the standard park fees for Lota 1 and 2 pe: the current Park Fee Ordinance. A drainage easement shall be dedicated on the plat over the existing pond in Lot 3 and over the retention pond area in tn» northeast corner of Lot 3. 10. Protection of drainfield sites via fencing shall be in Plac. duri.n9 construction of driveway and drainage improvement r ^ shall remain in place until the residences on Lota 1 and 2 ar< completed. 11. Dedication on the plat of 33' of right-of-way for Watertovm Roac shall be granted. 12. Outlet A shall be given a new road name and address ®®®i9n»ent; for Lots 1 and 2 and shall be consistent with the north/sout. grid system. 8. 9. Page 4 of 6 « f CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045 > _ 13. 14. n--------------------------------- -__ driveway and drainage improvements is ccanplete. Mo curb cut/access for Lots 1 and 2 will be allowed onto Watertown Head except via Outlet A. FIMAL PLAT SUBMITTALS the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1--200*. Drawing to include: a. Lot lines platted per preliminary survey by Coffin and Gronberg, Inc. attached as Exhibit A hereto. b. Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5 er.ch *:ide of internal property linese c. Designation and dedication of the existing pond and retention pond to be developed, as "drainage easements on the plat. 2. LEGAL DOCUMENTS required: a.Title opinion addressed to the City.holders or others with property interest Indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Drainage Easement for the in Lot 3; blank area requiring descripti '*n may be filled out as follows "over the drainage easement as shown on the piat of (plat name)". d. Signed and executed Developer's Agreement and Letter of Credit for construction of the private driveway and drainage improvements. Page 5 of 6 • r f. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3045________ Signed and executed Road and Dtllities Easement over Outlet WWW sianed and executed covenants defining responsibility for construction and maintenance of the driveway in Outlet A, 5S?inina future financial obligations of affected property It auch •tiie ISSi the drive».y is upgraded to private or public road status. Completed -Application for Private Road Name". 3. FEES TO BE PAID: Final plat fee • $150.00. Legal review and filing fees of $150.00. a. b. c.Park Dedication Fee at the rat. of City recommended fair market value of the ^.and prior t development. Such fee shall be determined and final plat approval. You will receive written notification as soon as the fee is determined. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 25# 1991. rm Hallin, City Clerk Barbara A, Peterson# Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Mayor fi^Clty Clerk of the City of Orono# a Rinn a sot a municipal c rp and said instrument was executed on beh^f of the C^y. Notary Public HOt/uu'SSu^-^OOtA M,’SKSSS‘.S2i?2i-Page 6 of 6 sr REQUEST FOR COUNCIL ACTION ^OfOHOito DATE: 4/6/94 ITEM NO.: Department Approeal: Nmm Michael P. Gaffron TUI* Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1885 Lundgren Brothers Constniction, Inc.. 2765 Sixth Avenue North Sketch Plan Review for PUD Rezoning and Subdivision Note: Applicants have paid the incremental fee for sketch plan review at the Council level. List of Exhibits A - Letter of Request 3/30/94 B - Revised Concept Plan C - Planning Commission Minutes 11/15/93 D - Planning Commission Action Notice 11/29/93 E - Memo and Exhibits of 11/12/93 Applicants originally submitted to the Planning Commi^ion a conceptual plan for 58 units on this 58 acre parcel. Please review the staff memo and exhibits of November 12th and the November 15th Planning Commission Minutes. The Planning Commission provided the following cone '»al drection: 1. The proposed 58 unit density (1 unit per acre) was not acceptable but that they would consider a plan with reduced density. 2. All members concurred that the property because of its unique physical character (i.e. water table, random location of wetlands, etc.) could appropriately be developed as a PUD. John Uban, the applicants ’ planner, has submitted a revised concept plan and a letter addressing issues and concerns raise i by the Plan ling Commission. This plan is presented to Council at the request of the applicants to specific.ally address tne density issue, realizing that if Council will not allow this density, there is no berefit in its further review by the Planning Commission. The revised plan contains the following e -ments; Request for Council Action continued page 2 of 2 April 6, 1W4 #1885 Lundgrcn Brodters Construction, Inc. • 44 single family lots on 58 acres (overall density of 1.33 acres per lot) • Excluding road and open space outlets, individual lots average 0.85 acre • Open space outlot averaging 400’ depth along County Road 6: - provides area for weiiand mitigation • provides buffer to existing developmem to north • is a potential trail location Mr. Uban also discusses a number of factors which limit the feasibility of developing this parcel under the 2 acre standards. Jeanne Mabusth’s memo of November 12th raises a number of issues that Council may wish to address. Briefly these include: • PUD rezoning: - compatibility with surrounding development - impact of Highway 12 routing - City/School/Mn/DOT uses preempting anticipated degree of development • Concept p: n: • Lot configuration - Grading, drainage, wetland areas and floodplain - Sewer and water - Access/streets/trails COUNCIL ACTION REQUESTED: Council is requested to give applicants conceptual direction specifically regarding whether the Council would be willing to consider the proposed density of the revised concept plan, or whether the density is unacceptable. March 30. 1994 DAHL jGREN SHARDLDW AND ■ UB/\Tv( ' NV . VI fl. 1 r» * • i 2- CONSULTING PLANNERS LANDSCAPE ARCHITLCTS V)0 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS MN SS40I <'I2 ooo Planning Commission and City Council City of Orono 2750 Kelley Parkway Long Lake, MN 55356 RE: Revised Lundgren Brothers Subdivision PUD Dear Planning Commission and City Council: On November 15. 1993 we presented to the Planning Commission a concept for a 58 lot subdivision on a 58 acre parcel at the intersection of Willow Drive and Highway 6. Based on the comments of the Planning Commission and Qty staff, we have been analyzing an alternate development plan that would reduce the density of the site. Our new plan, submitted with this material, strives to reduce some of the extreme costs related to development of this parcel and at the same titr < leduce the number of lots. Instead of 58 lots, we are now proposing 44 single family lots, clustered on a single loop road off of Willow Drive. The clustering is needed to create a housing pattern that can miss most of the wetlands and provide for the efficient development of utilities and site grading Khvities. As you may recall, the property is constrained by the location of many different wetlands, most of which have been significantly degraded due to agricultural activities, and suffers from a hi^ water toWc. It has been that on site sewer systems are not feasible or practical and that bringing public utilities from the south along Willow Drive is the only reasonable means of development for this property. Based upon comparable projects and even with the clustering of home sites, the development costs are still extremely high on a per lot basis. However, we feel that the plan that we now present you may represent a supportable pi?" diat reduces the density without creating such exorbitant development costs that could make the project entirely unfeasible. Further reduction in the number of lots would be prohibitive from a costAnaricet point of view. We have considered a subdivision with two acre lots following city lot dimensions as required in the ordinance. This type of lot layout would encourage a grid pattern for the property, resulting in a geometric pattern without any strong regard ro the natural conditions of the site, specifically the wetla^ and the wooded areas. In fact, to make the pattern of development work and minimize road construction, half the lots would have to front directly onto the perimeter roads. Willow Road and County Road 6. An internal cul-de-sac would have to be tended through the school property to serve interior lots. Tliis type of development would not be .is sensitive to the sunounding property as the 44 lot Planned Unit Development that is proposed by I uiiugren Brothers. Also examining grading costs and utility extension for a 2 acre plan shows u^t the the city promotes and would not be economically feasible for any developmem to occur. The orooosed revised Lundgren plan separates a 15 acre oudot along Highway 6. This oudot would te used to create ponding and weUand mitigation with fdl material being ^ rmsc the budding pads above the very high water table. The proposed road system winds its way ^fuUy through tire weti^pattems on tte site to minimize filling and to cluster the homes naturally with minimal disturbance to tire woods and perimeter areas. The revised Lundgren plan continues to access ad the proposed lots from an interior road sys^ No new lots would be created on the perimeter with direct driveway access out onto existmg roads. Wet^ aie^ could be controlled by conservation easements to protect the loijgterm nam^ .li homeowner’s association could be created to maintain common features of the subdmsion. ^erall revised plan represents high quality development that Lundgren bnn^ to aU of its .wbdivisi^ and we believe will be an asset to the Qty of Orono by providing diverse housing opportunities consistent with the City’s Comprehensive Plaa With the development being close to Highway 12 and adjacent to Highway 6 and directly east of tire ICgh School property, we feel that tire proposed development matches its surrounding land uses and provides significant open space to tire north, promoting the rural character of the area. Based on concerns expressed by tire city, we beUeve our new plan tops aU the fine afreets ofour original proposal while addressing the Qty’s request for a reduced density for this parcel of pr^rty. I beSve tire plan offers a good blend of urban service development and mamtenance of the rural characteristics of the City of Orono. Sincerely. DAHLGREN. SHARDLOW AND UBAN C. John Uban CJUrsm PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 tanks and then slowly perk Into a drainfield area to the west of the house. The shape of the lot was dfscussed in delation to hardship because there is adequate area, but the shape of the lot limits the area available for the building. Discussion ensued regarding the design of the house in reiation to t^he shape of the lot and the surrounding neighborhood. Commissioner Peterson commented that th.s was a unique situation and he liked the control of the drainage from the house. Chairman Schroeder commented he felt the design was inconsistent with the neighborhood, and Mr. Kehring responded that it was dictated by the shape of the lot. -------- Peterson moveH I inHnilist seconded, for PPPrOVal Of lesrma''n 30-''in”hl^pht hasLd°on^th^ha^Ship^oMn ilPUSUat Shaced with a I3.7nn sn ft. building envelope. Commissioners Nolan, Schroeder, e erson, an Lindquist voted "? 'e". Motion carried. ^2240 Shadywoo^ ' Public Hearing (Rescheduled to January, 1994) 12. #1842 Tom Browne oian 760 Brown Road South - Variance - Request to modify approved Development Plan Building and Zoning Administrator Jeanne Mabusth gave the III® applicant, was present. Commissioner Lindquist inquired if staff p/’T . ... -.-g changes, and Ms. Mabusth responded negatively. Mr. Browne noted that the changes came up after Council had approved the original plans. Commissioner Nolan moved. Peterson seconded, to apprpvg the cnoroL/Pri Dfivelooment Plans for Tom Browne at 760 Brown Rgad $<7Wth a? $gt .staff report. Commissioners Nolan, Schroeder, Peterson, and Lindquist vote aye carried. SKETCH PLAN REVIEW 13. #1885 Lundgren Brothers Construction , 2765 Sixth Avenue North - Sketch Plan Review for proposed subdivision Commissioner Peterson left the table for the following discussion. Building and Zoning Administrator Jeanne Mabusth stated that this ® f and required no action by the Planning Commission. She stated that the zoning most important Issue, and reviewed the staff report. 8 PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 Chairman Schroeder inquired if the proposal had been reviewed before the Council and Ms^ Mabusth responded that the Council had informally considered whether the City would consider the rezoning. Mayor Ed Callahan stated that the Council was not in favor of the rezoning, and that was the extent of the discussion. Mr Terry Forbord, Lundgren Brothers, stated they were cognizant of the ordinance in Orono and were aware of the issues. He stated they believe there are reasons why the rezon.ng proposal Should be considered and presented their dave^pment ^ concerns. He introduced Mr. John Uban of Dahlgren, Shardlow «. ^7®"; f° ^ Director of Land Development for Lundgren Brothers, Frank Svoboda, a Ce tified Wetland Biologist to discuss the wetland mitigation issues, and Ken Adolph, a •^rt®,'"®®nvi'de Cviioell and Madson in Minnetonka. Mr. Forbord stated that they have distinctive features in their developments which set them apart iI^h Htai'nishes developers in the metropolitan area. He noted that as the supply of available land diminishes. they have had to take on projects that were more difficult to develop. John Uban showed exhibits that were included in the packet and reviewed why 'hey felt it was important to the City of Orono to have this type of development. proposed zoning density and noted that while it is not what was ,hesB is the Comprehensive Plan, there are reasons why it should be considered, hsilfields have fact that the school is expanding and the church property has been sold and ballfields have been constructed on property adjacent to the proposed site. He stated they "1'® project would balance the residential and commercial areas. He reviewed the PUD zomng designation and discussed the reasons why they believe that a municipa sewer systern is needed for development of the property. He reviewed the cluster developnnent'd®® Stated they believe it to be both necessary and feasible. He discussed the buffering o project, and the ordinance criteria. He cited the busy roadways surrounding the site and the adjacent land uses as being compatible with the proposed zoning. Frank Svoboda discussed the wetland mitigation and enhancement involved He discussed the compensatory mitigation for unavoidable wetland losses and stated that they will create new wetlands at a ratio of 2 to 1, which would mean t at . wetland will be created for every one acre of wetland lost. He illustrated where t^e wet ands are located on the site and described the various types of trees and vegetation within those wetland areas. He stated that most of the wetlands have been subject to in the past, depending on the amount of rainfall, and are not considered to be wetlands. He asked the Planning Commission to consider a variance to allow the wetlands to be modified. Ken Adolph, Schoell and Madson, discussed the high water table septic systems. He stated that sanitary sewer would be extended into the area, and r^ot that it was reasonable to cluster the development into a pattern which could econorn^aiiy be served by exiending utilities into the area. He discussed the storm water management PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15. 1993 plan and the site grading and drainage plans. He showed graphics illustrating the wetland mitigation proposals. John Uban reviewed the zoning issues and the density they are proposing at one unit per acre. He discussed the site constraints and reviewed the design for the proposed development. He explained how the runoff can be consolidated and retained in one large wetland area by using the natural features of the site. He discussed tree preservation plans and the roadway plan. He stated they believe it is beneficial to put the open space around the perimeter of the site and cluster the houses together on the interior portion of the site. He discussed the internal roadway system and their efforts to preserve the woods. He noted that the site consists of 58.6 acres, and the development occupies 38 acres, which comprises a density of one unit per acre. In summary, he noted that the proposed development met the PUD ordinance criteria, and they would be creating a quality development. Chairman Schroeder discussed the one unit per acre density and the two acre lot minimum standard. He inquired if it would be possible for the developers to increase the lot size to meet the one unit per two acre density. Mr. Forbord stated that Lundgren Brothers had a specific type of customer in mind when they designed this development, and projects were designed based on demographics and community profiles. Their customer profile is significantly different than that of their competitors. He stated they had worked with City staff to design a project that would best suit their potential customers and in this case staff supported a PUD format for development. He noted that the one unit per acre density exceeded the normal density throughout the metropolitan area. Chairman Schroeder commented that the City of Orono has 2-5 acre minimurn lot sizes, which exceeds the standards of other communities in the metro area. Discussion ensued regarding the costs involved with extending municipal utilities to the property and the issue of how those costs would be passed on to the buyers of the lots within the proposed development. Commissioner Nolan inquired why septic systems would not be feasible on this site, and Ms. Mabusth responded thai a study had been done in the early 1970 s for an earlier subdivision which indicated that no septic systems should be placed on this property. She noted she felt that PUD was the proper zoning designation for this property. The costs involved with extending City sewer to the property were discussed. The issue of the density was discussed, with the Commission concurring that the one unit per two density was preferable to the one unit per one acre density proposed by the applicant. Mr. Forbord stated that it was not feasible to proceed with the project if that was going to be the requirement of the City. He explained how their costs per lot are always higher than those of other developers. Commissioner Nolan commented he felt there were benefits to clustering the houses within the development, but he was concerned about the density and inquired if the density could be reduced and the project still be viable. Mr. Forbord responded that there was a diversity in what people wanted and he did not believe t e • • r.‘ ■PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 project would be viable if they were required to construct it with a one unit per two acre density. density issue was something he had to agree with his fellow commissioners on. The oveiall density of the project was discussed. Mr. Forbord commented that if the City was going to requite a density this property would not be developed by Lundgren Brothers and would probably not be developed at all given the expense of providing municipal uti^ties. He asked ^ity was saying that they did not want this property to develop at all. Chairman Schroeder responded that they wanted to see the land developed with fewer lots, but it was not accurate to say that the City did not want the land to be developed at all. John Uban asked Commission wouid support a plan with multiple access from County 6, and al he Commissioners responded negatively. Mr. Forbord stated that it land which made it so expensive to develop the project but the ®'7°'^®,^. "‘‘'’.I'’® grading costs, which were three times the usual given the poor soils and the table. He stated they believe the site is ideal for a PUD zoning designation, Chairma Schroeder stated that they would consider the plan with a reduced density. Commissioner Peterson returned to the table PLANNING COMMISSION COMMENTS 14. Report by Planning Commission Representative to Council Meeting of November 8, 1993. ^^"lots to draft an ordinance. He stated that the McKinney duplex was approved, although the City Attorney had informed them that they could not legally require owner occupancy. IS. Other issues for discussion. There were none. I PLANNING COMMISSION MINUTES CITY OF ORONO NOVEMBER 15, 1993 ADDITIONAL ITEMS 16. Planning Commission approval of minutas of the October 18, 1993 meeting. <;;^mmkQinnpr Srhroeriftr moved. Lindquist seconded, fpr aPPrQval pf thg October 18 .-1 -253 Planning Commission minutes as submitted. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion carried. 17. Ranning Commission approval of minutes of the October 21. 1993 special meeting. Chairman Schroeder moved. Peterson seconded, for approval Qf the OCtObef 21 . 1992 Planning Commission special meeting minutes 3S SUfamitt^. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted "aye". Motion 18. Planning Commission to select a representative to attend the December 13, 1993 meeting of the Council. Chairman Schroeder volunteered to attend the December 13, 1993 City Council meeting. ADJOURNMENT Commissioner Peterson moved. Lindauist seconded, to adlOOrn thg Planninq CpnimissiQn at iltQQ D.m. Commissioners Nolan, Schroeder, Peterson, and Lindquist voted aye . MotifiQ carried. The meeting was adjourned. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1885 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 29. 1993 TO: Brian W. Olson COPIES: John Uban Uindgren Brothers Construction, Inc.Dahlgren, Shardlow and Uban 935 East Wayzata Boulevard 300 First Avenue North Wayzata, MN 55391 Suite 210 Minneapolis. MN 55401 TYPE OF APPLICATION: Sketch Plan Review for PUD Rezoning and Subdivision DATE OF MEETING:11/15/93 VOTE: No vote required of the Planning Commission The Planning Commission provided the following conceptual direction: 1. 2. Proposed 58 unit density (one unit per acre) was not acceptable but that they would consider a plan for reduced density. All members concurred that the property because of its unique physical character (i.e. water table, random location of wetlands, etc.) be developed as a PUD. Per staffs recent meeting with Brian Olson, we will expect to see amended plans providing lower densities for Council ’s consideration at their December 13th meeting. The amended plan must be received no later than Friday, December 3rd before f/oon in order to provide consulting staff with adequate time to review amended proposal. Applicant ’s next scheduled meeting is confirmed at the December 13, 1993 Council meeting. Please note that meeting starts at 7:30 p.m. To: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator November 12, 1993 #1885 Lundgren Brothers, 2675 Sixth Avenue North - Sketch Plan of Planned Unit Development and Rezoning of Property Located within Highway 12 Corridor Smdy Area Resting Zoning District: RR-IB Proposed; PUD Zoning (with underlying RR-IB) Review of Area; Gross = 61.3 acres Area of Dedicated Right-of-Ways « 2.7 acres Net Area = 58.56 acres Designated wetland areas have been approximated at 10 acres. Pertinent Code Sections 1. Section 10.52 - Special requirements for rezoning in the Highway 12 corridor study area, 2. 3. 4. Section 10.53 - Planned Unit Development. Section 10.55, Subdivision 8 - No land alterations within 26’ of a wetland. Variance approval is required for any proposed alteration of a wetland. Section 10.55, Subdivision 15 (A-2) - The property is located within MUSA a^ will be served with sewer and may apply for wetlands credit up to the amount of existing dry buildable land. Required dry buildable for 58 units at 1 acre per unit density = 29 acres dry List of Exhibits A - Application B - Addendum to Application C - Engineer ’s Report D - Flood Plain Map E - Watershed/Drainage Patterns F - • Comprehensive Plan Amendment No. 2 - Page 48, Recommended Alternative for Development G - Franklin J. Svobodia & Associates (Pertinent Sections from Wetland Classification, Etc. Report) Zoning File #1885 November 12, 1993 Page 2 of 6 H - Map of Existing Land Use I - Map of Existing Zoning J - Map of Proposed Land Use K - Plan for Phased Development L - Plan Locating Curb Cuts of Private Roads along Willow Drive M - City’s Wetland Map ^ a a N - Highway 12 Corridor Alternative Development Plans Involvmg County Road 6 O - Sketch Plan Brief Review of Application The applicant seeks to rezone property to a Planned Unit Development with underlymg RR-IB zoning Applicant seeks approval of one acre density. The property consists of 58^6 ^ exclusion of the dedicated road righwf-ways for Willow and County Road 6. The codl will allow credit for the wetland areas as property wUI be sewered. The PUD format of development allows for an area credit of the access roads and open space are« along with area of the residential lots. Based on the 38 lo" the Cir/ must be minimum of 29 acres of dry buildable area for dev - iop.ncut excluding all designated or protected wctlEndSy retention ponds and drainagcways. Review Exhibit F, the recommended alternative for development of this area was for two acre single family residential development to be served with municipal sewer and water. mS services are located on the north side of Highway 12 at the Willow Dnve mtersection. The developer would be responsible for extendmg mumcipal services noi^ to the sub^visiom The developer claims it is not economically feasible to provide mumcipal services to two acre lot development. The rezoning from two acre to one acre is a major issue for the City as the area was to serve as a buffer to the surrounding rural residential neighborhoods to the east and "o^th frorn the more intensely developed propenies to the south. The applicant has provided a strong Sumem Ts^p^n of d.rrezoXg. Lundgren Brodiers has asked for 0.e sketch plah and rezoning to be Mteduled before the Council before fotmal plans are filed by aPPl‘<^'- review L rezoning issue first. If members object to rezoning and recommend demal, <l«y « pToTeed any farther with the remainder of memo which will deal with the .ssues of the development plan. Rezoning The applica.nI has applied for a PUD rezoning at a one unit per wre subdivision is planned in two phases; the first or southern half m be develop “ second phase to be developed in 1995-96. Section 10.53. Subd.v|Sion 5 <?>• provides additional protection to the City if development has not been realized. Zoning may revert back to the original zoning district. Zoning File #1885 November 12, 1993 Page 3 of 6 Please review Exhibit B, applicant ’s addendum provides supportive findings for rezoning as follows: 1 There is adequate sewer capacity for 58 units as overall sewer needs for the area were projected at 300-450. The recommended alternative plan showed the 120 acre area at a maximum development density of two acres with a potential 60 umis. ^If of the 120 acres is being developed into ballfields and an elementary school. The proposed 58 units could easily be accommodated. 2 The PUD has been designed to minimize impact on adjacent rural properties to east and north by providing larger, deeper lots with more restrictive setbacks on the no^ side and a natural buffer of existing wetlands and open space along the east side. Applicant also notes that the existing weUands along the south side will provide a buffer from the multiple residential units planiwd for property to soutli. 3 The PUD was specificallv created for the Highway 12 comdor to encourage *e best ’ development by allowing clustering and designation of open space areas to buffer and protect sensitive areas. 4 The PUD provides efficiency as far as consolidating lots along the interior road system and minimizing earthwork needed for correcting high water table problems. 5. The high water table and random location of wetlands require flexibility in design and lot layout. 6 The application as proposed would satisfy the special requirements for rezonmg m the Highway 12 corridor smdy area as set forth in Section 10.52 and addressed on Pages 5-12 of applicant ’s addendum. Review Exhibit O. Applicant ’s addendum has noted that a major retention pond at approximately 6-7 acres will be installed as a result of the Highway 12 safety improvements scheduled in the next few years. The City Engineer advises that foe safety p am amended and foe retention pond area has been reduced to 4 acres. The pond has been designed to treat only foe runoff from Highway 12 and not foe developed land areas to north. Issues for Consideration 1 Will foe PUD as proposed be compatible with adjacent existing and proposed future uses of surrounding properties .... will it meet foe intent of Comp Plan Amendment No. 2. 2. Will foe special design features of foe PUD layout assure fomre compatibUity? Zoning File #1885 November 12, 1993 Page 4 of 6 Review Exhibit N. Two alternate development plans for an expanded Highway 12 corridor along Connty Road 6 wUI impact this propeity. Does this innuence your decision? 3. 4.The Citv planned for a total of 300450 units of fiimre development where existing and proposed uses of City, the school and now Mn/DOT w.!' limit the development of those units. Does this influence your decision? 5.Should the City’s decision be influenced by the need to make payment for certain public facilities installed and planned for the servicing of these umts? Planning Commission members shtmld be prepared to make a recommendauon to the Council with the necessary supportive fmdings. Review of PUD Development Plan Proposed average lot size — 44,010 s.f. Exclusive of road and open space outlet = 28.539 s.f. Smallest lot s’'^s is 17,200 s.f. Largest lot size is 88,970 s.f. Proposed building setbacks 30’ front yard setback . 50 ’ rear yard setback, 100 ’ along County Road 6 and Willow Dnve 10 ’ side yard setback, 30* adjacent to Willow Drive 26’ to wetland Lot Configuration Issues sjT.it S'=rr- that the 26’ setback be maintained for all land alterations and structural set ac Gradingp Drainage, Wetland Areas and Flood Plain Note all building pads are lined along the road with filling proposed lo ra« building sites to allow for walkouts to rear. Lots 10, 11, 12, and 13 also propose » information shows building pads raised 8’ to bring fill dangerously c ose It is doubtful whether four lots can be developed in the area. Zoning FUe #1885 November 12, 1993 Page 5 of 6 Review Exhibit G, wetlands defined as Number 6 and 7 are natural. Staff recommends that there be no alterations within the natural wetland areas. Lots 5 and 6 would have to be relocated and the road may have to be realigned. Seven of the potential wetland areas were deemed to not meet the weilaiKl crteria and have not been shown as a protected area. The remaining wetlands arc classified as agricultural ■ urban wetlands that have been altered - the land has been farmed for years. Some of the Ag/urb wetlands wUl be filled in and mitigated at a 2:1 ratio shown to the east side of the subdivision. It will be necessary for applicants to receive approval from the appropriate agencies for the filling and mitigation of wetland areas. The City’s code defines wetlands 6, 7, 8. 9, 12, 12A and 13 in their inventory. Variance to Section 10.55, Subdivision 8 is required as our code does not allow the filling of protected wetlands. Once again, these are not natural wetlands but wetlands that have been altered throughout the year. It is not clear how much area within these defined protected areas is being altered. After January 1 of next year, the replacement of any filled wetlands will be required at a 2:1 ratio and that replacement be of the same or better type wetland. What kind of setbacks will we require from the retention ponds? Will we require the same 26’ setback that we require for the wetland areas? Review Exhibit D, the property is not located in the flood plain. Sewer and Water As already noted, sewer and water will be extended from the existing municipal lines to the north side of Highway 12 at the Willow intersection. Applicant will be responsible for extending sewer to the property. The City Engineer has asked that the water main be extended to the northwest comer of the site for a future connection to the City of Medma’s water system. The water main should also be extended to the west property line at the most westerly cul-de-sac for a future loop to the water main on Old Crystal Bay Road. Access/Street/Trails The City will ask for a bike trail easement along the north side adjacent to County Road 6. The Engineer recommends that a walking trail be provided between Lots 14 and 15 connecting property with school. It nuy be better to locate the walking easement through Lots 17 and 18. The Engineer recommends that a connection be made to a platted corridor within the school property to the west. Based on former agreements with the school, the City has agreed to vacate the roadway upon the school’s complete acquisition of the four parcels that make up this subdivision. It has always been the intention of the school to never have a connecting road from Willow Drive through to Old Crystal Bay Road because of the proposed uses of school and playground/ballfield areas. It is staffs understanding that applicant is working with the school to acquire additional area by the curb cut access road at the north (County Road 6). Zoning File #1885 November 12, 1993 Page 6 of 6 Lots 10, 11, 12 and 13 are served by a single driveway. The City ’s code requires a private road at this level of service. It is doubtful whether the four lots will be realized in this area based on the location of the namral wetlands and the need to fill for roads and four building pads. The City will also require the platting of drainage and utility casements along the perimeters of each of the residential lots. Suminary C IJ Mill tents The location of the wetlands throughout the property will result in the loss of units. Staff cannot recommend the filling of a namral wetland nor should we allow variances to the 26’ setback. The real issue for the City will be if it allows the Idling of protected wetlands and the mitigation of these wetlands. The random location of these wetlands creates a major hardship for this applicant. If replacement resulted in an upgraded improved wetland over one that has been altered over the years, this may be beneficial for the City and something to consider. The City cannot allow four units to be served by a private drive. Applicant will have to amend road layout. If applicant files a formal plan, the City will expect to see a landscape plan providing for landscape buffering within the open space outlets at the north and along the east. The City is already in receipt of a sample of the covenants used in a former Lundgren project and will be available at your meeting for review. It is staffs understanding that members will be contacted this weekend to determine if members wish assistance or guidance with the site inspection of the property. CITY OP ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address O .-4<- A'_ _ _ _ _ _ _ _ #'•1 H Property Identification Niiinber (P.I.D.) Please check one - Property ^ abstract or torrens? CITY or OiW rinAUCI OFFICE "" Cl GDi 000,00 CHECK. n. 300,00 r<ECEIPT-7}m YOU UEOim cool ROl T14:5 10/15/9 Attach legal description to application APPLICANT Name Phone (home) __ _ _ _ __ Lundgren Bros. Construction, Inc.____ Phone (work) 473-1231 Address: 935 East Wavzata Boulevard Citvi Wavzata ----------Zip:-------5539,1 OWNER (if different than applicant) Name Orono Center Properties Phone (home) c/o Reiersgord Law Finn Address: 4945 Halifax Avenue (attach list if more than one) ______ Phone (work) 922-7114 city: Minneapolis _____Zip: 55424 EXISTING LAND USB Number of Tax Parcels Development Size One Unknown Unknown 58.6 Prfc;»'jn., Use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units _ Other (specify) Agricultural Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: , .Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) 58_ _ _ _ Units per 58.6 Acres _ _ _ _ _ Sq Feet Dry Buildable Land Residential Other (specify) I HINIHDM MATBRIAI. NECESSARY FOR COMPLETE PRELIMIEARY APPLICATION 1, Ccunpleted Application Form 2. 3. Preliainary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). ^ , 4. As an addendum to this applicationr please attach a^ separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ Date 1. Payment of fees (park feesr filing fee» sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature_ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ Date- - - - - - - - -- PEES X i City Council Review of Sketch Plan Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I 6 II Subdivision) Preliminary Review (Class III & all non-residential) Final Plat Review (Class III) •(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application $100.00 $200.00 300.00 300.00 325.00 ^ 25.00/Lot 175.00 150.00 100.00 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Owner's Signature Date Date TJ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building fi Zoning Office of this change prior to the meeting. DRAFT ORONO PROPERTY planned unit development (PUD) CONCEPT PLAN AND PRELIMINARY PLAN PREPARED FOR THE PLANNING COMMISSION AND CITY COUNCIL OF ORONO, MINNESOTA Submitted by: Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, Minnesota 55391 (612)473-1231 c:\wp5I\iobfU812.ipp k I. n. IV. V. VI. VII. vm. IX. X. XI. XII. XIII. XIV. TABLEOELC •XII K DEVELOPMENT TEAM INTRODUCTION GENERAL STATEMENT OF CONCEPT A.Location B Lef al Description C. Zoning Project E.P.U.D. Criteria F. Comprehensive Plan Acceptability 1. Land Use Guide Plan/Density 2. Site Utility Availability and Service 3. Traffic Access and Circulation TENTATIVE STAGING AND SEQUENCE SCHEDULING HNANCIAL CAPABILITY NATURAL RESOURCE ANALYSIS WETLAND MITIGATION AND ENHANCEMENT TREE PRESERVATION / MONUMENTATION/ SIGNAGE COVENANTS/HOUSING PRODUCT NEIGHBORHOOD RECREATION ROAD SYSTEM DEVELOPMENT FLEXIBILITY CONCLUSION ATTACHMENTS DEVELOr MENT TEAM The fee owners of the property are Orono Center Properties. The developer of the property is Lundfrei Bros. Constructioo, Inc., a Minnesota Corporation located in Wayxau, Minnesou. The Lundgren Bros, tradition has been synonymous with quality neighborhoods throughout the Metropolitan Area for 23 years. The Developmoit Team is coordinated by Brian Olson, Director of Land Devdopment and manager of this devdopment. Consultants Planner:The site plan design by Dahlgren, Shardlow, and Uban, Inc.. Minneapolis, MN Engineer;The plat and public facilities engineering by Schoell 8t Madson, Inc., Minnetonka, MN Surveyor:Site surveying by Schoell & Madson, Inc. Wetland Biological Analysis; Regulated wetland permits, delineation and monitoring by Frankl in Svoboda, Wildlife Biologist Landscape Architecture: Entrance monumentation and landscape design by Dahlgren, Shardlow, and Uban, Inc. Market Analysis:Preliminary market analysis by Conhaim & Assoc., Minneapolis, MN INTRODUCTION The purpose of this presentation is to provide die Orono Planning Conunission and City Council details of the proposed Planned Unit Development (P.U.D.) and to obuin the necessary concept plan, preliminary plan and preliminary plat approval with a wetland alteration permit. Lundgren Bros, will hold a neighborhood meeting prior to the public hearing. m. GENERAL STATEMENT OF CONCEPT Location This proposed residential P.U.D. by Lundgren Bros, is located in Orono in Section 28, Township 118, Range 23. The ±59 acre projea is served by C.S.A.H. No. 6 to the north and Willow Drive to the east. B Legal Description See attached. Oroflo Property P.U.D. SubmilUl 5 Novernbfr 1993 C. Zonin£ The property is currcndy zoned RRIB. one family rural residential - 2 ac. propSs^^rezone the ^operty to a roidential P.U.D. with a fross density of 1 umt per acre. ii- D. The Proiecl The project site is located within the MUSA line and is considered part of Ae Highway 12 CorrSlor The general area to the west and south is undeveloped but guided for^ltiple housing to the south and commercial adjacent to Highway 12. To the ^no school systcm*is planning a new deroentary school and is presenUy using the old church site for daycare and other sdiool purposes. Also, part of the OroM School site has a propos ballfield recreational complex which is adjacent to the project site. ■me site itself has been heavily cultivated «cept for the wrta^s ^ southern border of the property, -me property has a very hijh water taWe septic systems unfeasible and environmentally restrictive. City sewer and water cm e«end^ to the site which makes the project suitable for development without onsite septic systems. Of the various areas in Orono that are within the MUSA line onsite septic systems, this property clearly should be served wiA ^ ^ ^ with reasonable density to make utility construction economically feasible. *5i*^**®P”® . h being proposed at one unit per acre which ta at the very low end of density that can afford the construction of City sewer and water. ■me project consBts of 58 single family residential home sites that ^1 ranging from 100 feet to 150 feet in width with lot depths vaiymg from 170 fe« m«0 feet plus Each lot will be developed to match the site with a choice of pre-designed ^els. Eich home will have a minimum two car garage with a driveway and major emphasis placed on walkout basements where topography allows. Gross Average Lot Size Net Average Lot Size Smallest Lot Size Largest Lot Size Proposed Building Setbacks: 44,010 s.f. 28,539 s.f. 17,200 s.f. 88,970 s.f. 30 ’ Front Yard Setback Typical ^ ^ xu,-,, rt • . 50’ Rear Yard Setback (minimum) 100 ’ along CSAH 6 and Willow Drive 10’ Side Yard Setback (minimum) 30 ’ adjacent to Willow Drive 26’ to Wetlands Large, meandering wetlands create a variety of constraints to development requiring unique approaches and mitigative efforts aimed at providing quality homesites while maintaining the Orono Proptrty P.U.D. SubmitUi 5 November 1993 integrity of the wetlands. Measures such as consa^on eawments, reduced setbacks, road design, and restrictive covenants all contribute to this and will be discussed lata. As previously noted, lots will vary in size from 17,200 s.f. to 88,970 s.f. The range of lot sizes provides an opportunity to acconunodate differert home style beide offamg the advantage of a highly varied streetscapc. The mixture of home plans and lot size can help to diversify targa markas. 58.6 acre 15.4 acre 5.2 acre 38.0 aae 58 Development Summary: Total Acreage Open Space R.O.W. Na Developable No. of Lots E. P.U.D. Criteria The subject prcneity is located in the Highway 12 Corridor and is discussed in the comprehensive plan as being an are for single family development. The ovaall projeaed seww needs for the area was 300 to 450 sewer units with the proposed development requiring 58 units. The recommended alternative for this area shows commercial along Highway 12 then multi-family residential and single family residential ova a 120 acre aea at approximately a two acre density. Half of that area is being developed for ballfields and an elementary school leaving the 58 acres of the subj«« property to accommodate the anucipated 60 single family homes that were designated for this whole area. The PUD ordinance is specifically for use on development within the Highway 12 Corridor allowing development flexibility to adjust to the specific conditions found on the site and its perimeters. Since the Corridor Plan was adopted by the City of Orono, City Hall has moved into the Corridor and Orono School District has purchased the old church site and is further developing plans for a continuation of school facilities adjacent to the subject property. To the south is also planned multifamily and commercial. With these adjacent uses, a PUD is being used to consolidate development in a pattern to adjust to the high water table by grading home sites to a higher elevation while creating extensive ponding and wetland mitigation areas. This also creates an enhanced perimeter condition for a rural atmosphere on the eastern and northern edges of the proposed development. The flexibility sought in the PUD is specifically used to encourage the best development according to the City’s Comprehensive Plan as called for in the PUD ordinance. The PUD will create a variety of lots while adjusting to the lower density to the north and the higher density to the south. Sensitivity through the departure of the strict application of required setbacks and lot sizes is being sought as recommended in the City’s PUD ordinance. Within the Pud, home sites can be consolidated generally on a central collector road allowing significant open space to form the perimeter and protect sensitive areas of the site. This allows the PUD development to Orono Propoty P.UJ). Submittal 5 November 1993 4 maximize the development potential of the land while remaining sensiuve to its unique and valuable naniral characteristics. This consolidation of building along the road also makes the grading, ponding system and public utilities efficient and cost effective. Efficiency is a key element in the PUD and has been addressed in our plan by w^lidaling lots along an interior street system and minimizing the amount of M^'wrk needed for correcting the high water table of the property and the installation of util.ti«. To spread the development out more would increase the cost significanUy for each lot and would impact the natural features and push development closer to the perimeter of the subject property. Density transfer is utilized creating a great variety of lot sizes with an overall dwity that was originally comeinplated in this area in the comprehensive plan which iwuld be « pf less. Since the school and recreational facilities are absorbing half of the area and utilities were contemplated in the comprehensive plan for this area, a realistic one umt p« acre density is proposed. At one unit per acre density, utilities can be installed cost effectively to make the development feasible because the water ubic is high and onsite septic systems would be environmentally prohibitive. The PUD is applicable to this property because it is limited in the City ordinance to jwt those lands in the Highway 12 Corridor as set forth in the City of Orono’s Comprehensive Plan Amendment No. 2 adopted May 23. 1988. It is clearly the intent based on the compreheiBive plan and the City ordinance to have this property developed as a PUD with a dewity for this area no greater than 60 units to be served by public utilities and to adjust through the PUD system to the varied adjacent uses set forth in the comprehensive plan. Additionally, the ^ _________ fra •cenrin nr^cprvafinn nf wetlands, woo system to me vanea aajacem ••• — ------r — ^ project is incorporating a great deal of open area to assure preservation of wetlands, woods and the creation of enhanced water quality management. PUD Design The proposed PUD is designed to achieve a maximum coordination between the proposed development and the surrounding uses, as well as provide for the common protecuon ^ enhancement of wetlands in the area. Additionally, the drainage system has been careiu y constructed to increase the quality of runoff from existing condition. The development is proposed to use City sanitary sewer and water eliminating the negative impacts of onsite sewer systems and wells in an area with a very high water table. The overall design creates a variety of lot sizes and a density of one unit per acre. T^e larger lots are located along the periphery of the development to create a neighborhood feeling consistent with other area development. Significant open space is also located along Willow Drive largely separating most of the developnr*... f ..m the road. Two homes are proposed to be directly adjacent to Willow Drive along the 2,000-foot extern perimeter. No direct driveway access is proposed from the lots out to Willow Drive. Large ponds and lots with extra rear yard setbacks wUl also create a ruial type edge to the eSAH 6 neighbors to the north. Here again, direct access to CSAH 6 is not proposed with development off a future, central collector road which will also serve to some degree the property to the west. Orono Property P.U.D. Submittal 5 Sovember 1993 The land to the south Is guided for multiple residential and will be separated by a series of preserved and enhanced wetlands and increased setbacks for homes. To the west is a future elementary school site and other planned recreational facilities. These have not yet been built but will form a typical edge to a residential neighborhood. The wetlands are combined in large, commonly-held open space lots that provide both upland and newly enhanced wedands for overall natural habitat suitable for wildlife nesting. Additionally, the few lots that are located in the wooded, southwest comer are extra wide and accessed by a private drive to minimize the impact on the existing woods. Clustering the single-family homes and preserving expanses of wetlands with furtho* mhancement through the storm ponding system and peripheral buffering are important elements of the PUD concept which creates a neighborhood that b folly complimentary to adjacent land uses anl to the goals of the City's Comprehensive Plan. F. Comprehensive Plan Acccotabilitv 1. Land Use Guide Plan/Densitv The subject property b currently guided for 2 acre single family. Thb designation b also for all the adjacent area (120 ac.) surrounding the property, including the school and old church property to the west. Lundgren Bros, proposes 58 residential single family lots on approximately 58.6 acres for a gross density of approximately 1.0 dwelling units/acre. 2. Site Utility Availability and Service Sanitary Sewer and Water Service The subject site has a problem with a high water table. The onsite septic system ordinance of the City of Orono recognizes the problems with onsite septic systems when the water uble is less than 5 feet below the surface. Also, by requiring dual septic sites makes the likelihood of an acceptable onsite system for housing on the subject property very unfeasible. The economics of development when contemplating city services require that the cost be reasonably spread over each lot created. With an overall density of one unit per acre, these costs can be reasonably shared by all the lots created. A project that b less dense but with the same utility costs would not be feasible. Since the site is in the MUSA l*me and the City’s comprehensive plan contempl^es City sewer for this area, it is only reasonable to approach the project by clustering the density into a pattern that can be economically served by extending utilities to the area. The quality of the water that eventually drains to Lake Minnetonka will be enhanced. By having centralized City sewer and the extensive wetland and ponding system on the site, water quality should exceed what is running off of the property t^ay under it^ agricultural use. Orono Property P.U.D. Submittal 5 November 1993 Municbal sewer snd water service to the site would be provided by extension of water id sewer mains from the existing facilities along Highway 12. It is propos^ to extend the water and sewer mains along the west side of Willow Drive to the site and then within the proposed streets r.o.w. within the site as required to service th proposed lots. B»«l on discossions wiU. th. Cit, EngU««. th. caoacity to service the site. Temporary capacity is available in the sanitary sewer on ^hiwy 12 to service the site. However, ultimately a new necessai on Highway 12 extending to the Long Lake treatn^ plan, -^e tniiA _____ K« *h» nmnnaed develooment would fund a portion of thissewer assessments paid by the proposed develop trunk sewer. Stormwater Management The stormwater runoff from the proposed streets and conveyed by storm sewer to stormwater management basms for *^«**™®"* control The majority of the lots are walkout type lots which back up to w^and areas The rear yards would drain toward these weUands with Ae graces filterin^e ^ZTer and weUand protection enhanced by creating a natural buffer at be ^ ' edge. Because of the extensive onsite ponding, the project may not need the po being proposed by MnDOT along Highway 12. Site Grading The site is relatively flat with the ground water uble close to the surface. In «<»eral. the basement levels of the walkout homes would be estabhs^ close to the , cooperative grading with the school property to the west is being J j jjialMce both sites, develop ponds as needed, and prepare areas for athletic fields. ^ 3. Traffic A Circulation TTie road system has been developed to best facUitate the movement of traffic safely and conveniently in accordance with the City’s designated road system. hierarchy of traffic with cul-de-sacs running into this collector. A private drive is n proposed for three lots to minimize the impact on the woods. ^ if- ? Orono Property P.U.D. Submittal 5 No' ftnber 1993 IV. TENTATIVE STAGING & SEQUENCE SCHEDULE The developer intends to develop the project in approximately two phases over a period of approximatdy three to four years. Obviously, economic conditions may affect the actual time frame and specific areas of development. This sequence is derived by the approximate location of utilities which will serve the southern part of the property first. Undeniably, the phasing will be heavily influenced by market conditions. V. HNANCIAL CAPABILITY Orono Center Properties, Properties owns the land free and clear. As the optionee. Lundgren Bros, intends to develop the property once they receive every governmental approval necessary for development to occur. VI. NATURAL RESOURCE ANALYSIS The topography is generally flat terrain with the highest elevation being 1,038.4 feet and the lowest elevation being 1014.8 feet. There are sixteen separate wetlands on the site with the Army Corp of Engineers and City of Orono having jurisdiction. A separate wetland report has been field with the City. The ±59 acre site is a mix of cultivated fields, wetlands, areas with miscellaneous vegetation and some significant wooded areas. The developer has taken these features into consideration in the planning of this neighborhood community. Much of the land has been under intense agricultural practices with no water quality management. Sediments from cultivation and farm chemicals presently drain directly into the wetlands. In addition to these natural features, the development will include significant ponding and some enhancement of existing wetlands and along with additional landscape elements proposed by the developer, we believe the result will be an overall development that b attractive and enduring. Vn. WETLAND MITIGATION & ENHANCEMENT The project contains a total of 10 acres of wetlands of various types. The sixteen wetlands have been mapped and analyzed by Franklin Svobod^. Hb report b included for review. Sedimentation ponds will intercept a.nd collect storm water runoff prior to dbcharging it into the wetlands. The developer ’s intent b that upon its completion, the site should have greater wetland acreage with overall higher quality than exbted prior to development. Thb should provide an improved variety of plant types and a better habiut for more species of wildlife. Also, the extensive ponding system will produce higher quality water than the untreated farm runoff. Compensatory mitigation for unavoidable wetland losses shall occur in the form of a wetland creation system. This would provide a ratio of 2:1 acre for acre replacement of wetlands to be affected by the project. Orono Property P.U.D. Submittal 5 Ndvemter 1993 A conservation easement will be established over and around ea^ wed^ including a natural buffered edge. The primary purpose of the easement is to provide nesting habitat and wildlife cover peripheral to the weUand. In addition, the casement coihbined with the sedimentation will wwk together to improve and maintain the character of the wetlands furdter filtering runoff. HF"WetUjid Type On NWl Map (Y/'N)QualityClass'Domioani Sons'Pf>facibnt HydrktlniP WetlandCftfiH it iont1 No.Circ. 39 Cowardin vcgcuiiiQn ricscni t^Ull(Y/N)Met11.2 PEMIA Y Ag/Urb Rt'd Canary Grass Hamel V Y—2 2.3 PEMIC N Ag/Urb Spikerush, Cinail Hamel Y Y1 ^rnmmmm N Giant Ragweed, Smartweed Glencoe Y N4NBarnyard Grass, Smartweed Le Sueur N N32.)PEMIC N AgAJrb Spikerush, Canail Glencoe Y Y62.3.6.7 PEMI/SSI/FOIB/C Y Nat •Reed Canary Grass. Canail, Elm. Dogwood. Sedge Glencoe Y 'Y6A6PSSIBYA|/Urb Willow. Hummock Sedge Glencoe Y Y72.3.7 PEMl/FOIB/C Y Nat Reed Canary Crass. Green Ash. Elm Glencoe Y Y1 ’2.3.4 PEMIC/F Y AgAJrb Reed Canary Grass. Catuil Glencoe Y Y91.2.3 PEMIA/C Y Af/Urb Reed Canary Grass Glencoe Y Y 10 mmmmrn N Ragweed. Clover. Barnyard Grass Glencoe Y N II N Barnyard Gr..s. WTiite Clover. Common Ragweed Le Sueur N N TABLE 1-2 THE ORONO SITE WETLAND DESCRIPTION INFORMATION1 Area 1 No.Wetland Typ«On NWI Map(Y/N)QualityClass'DominantVegetation Soils*Present ilydricSoil’(Y/N)Wetland 1Circ. 39 Coward in ConditionsMet 1 I2A 2.3 PEMIC Y Ag/Urb Reed Canary Grass. Sofistem Bulrush Glencoe Y V 1 2.1 PEMIC Y Ag/Urb Reed Canary Crass. Sohstem Bulrush. Green Glencoe Y Y Bulrush 13 3.4 PEMIC/F Y AgAJrb Reed Canary Grass Bulrush. CalUil Glencoe Y Y I3A 3 PEMIC Y*Ag/Urb Reed Canary Grass Glencoe Y Y I3B —N —White Clover. Barnyard Grass Le Sueur N N 1 M 2.3 PEMIA/B N Ag/Urb Sp'kerush, Sofistem Bulrush Glencoe Y Y 1 13 2.6 PSSI/EMIC Y^Ag/Urb Willow. Spikerush. Reed Canary Grass Glencoe Y Y I3A 2.3 PEMIC Y‘Ag/Urb Reed Canary Grass, Sedge Y - N 16 2.3 PEMIC N Ag/Urb Cattail, Spikerush Hamel Y V 17 N Red Clover. White Clover. Common Le Sueur N N1RagweedGlencoeY 1 N Common Ragweed, White Clover Le Sueur N N L™—Glencoe Y ' • Appendix E ’ • From Soil Survey of Hennepin County * - From Hydric Soils manual • Wetland Delineated in field is larger than what is shown on NWI map Orono Property P.U.D. Submittal 5 Sovember I99J Vm. TREE PRESERVATION / MONUMENTATION / SIGNAGE The western and southern portion of the property b wooded, widi Oak and Maple being the predominant trees. Ash and Boxekicr are found in odier areas of the site and in cultivated areas with other woody shrubs. Careful attention has been paid to all of the Oak-Maple woods on the wetem ami southern edge. Our {vimary goal b to minimize as much tree removal as possible in the development process so that premier wooded home sites would be created. Through careful location of streets, utiliu« and ^>ecific road design considerations, we will be able to preerve about 80% of the trees with site development. Professionally deigned and landscaped entrance monuments and medians will be provided at each entrance to the PUD. The elemems of the monumentatioo and signage shall be consistent throughout the neighborhood cooununity. The deign team shall take advantage of the creativity the PUD ordinance allows and develop an identity that blends well with the natural surroundings. All monumentation shall be owned and maintain®! by the homeowners association and shall be consistent with the quality monumentation found in other exclusive Lundgren Bros, neighborhood communitie. Additional landscaping along perimeter roads will be added where needed to buffer the traffic from the home sites. IX. COVENANTS & HOUSING PRODUCT As in all neighborhood communities created by Lundgren Bros., strict architectural and protective covenants shall be established and recorded to protect the investment of each homeowner and the wetland conservation easements essential to wetland protection. Examples of Lundgren Bros.’ home models have been submitted to the City to show anticipated home construction. These proposed executive homes will be very complimentary to other homes in the area. Additionally, street trees will be planted with each home in combination with typical new home landscaping. X. NEIGHBORHOOD RECREATION AREAS Lundgren Bros, proposes to pay the City of Orono’s park dedication fee for future park improvements in the community. It is anticipated with a further development of elementary school and other facilities on the school property, immediate recreational needs may be amply met. XI. ROAD SYSTEM The overall road system within the property is an interconnecting road from Willow Drive northerly up to Highway 6 intersecting at the far northwest comer, thus giving access to the school property to the west. Two cul-de-sacs are proposed to reach the interior areas of the property to minimize curb cuts on the adjacent roads. A private drive is also proposed for the heavily wooded areas to minimize tree removal. I Orooo Property P.U.D. SubmitUl 5 Ncrvrmber 1993 Thirty-three feet of right-of-way Is being dedicated for Willow Drive and 40 feet of right-of- way is being dedicated for CSAH 6. The lots along Highway 6 are well over 200 feet deep with only four lots directly abuning the highway. Although Highway 12 relo^on studia have mdicated a poterttial alignment along CSAH 6, this plan is developed with the understanding that the City of Orono prefos the Highway 12 improvements to be made on the existing alignmem of Highway 12. The development of Highway 12 on its existing corridor anticipates a frontage road system on the north side of the highway. This would be a continuation of the frontage road as noted in die Con^irdiensive Plan and partially developed with the completion of Orono City Hall fKilities. In order to properly address storm drainage in the area. MnDOT is proposing with' its current channeliz^ion project that a urban runoff pond be built between Old Crystal Bay Road and Willow Drive. This is proposed approximately 400 feet west of Willow Drive and h about six acres in size with a dimension of approximately 300 feet by 900 feet. This would ^isorb land anticipated for development so that the overall development of this area may be less intense than anticipated in the Comprehensive Plan. Because the school will be developing its land for school purposes and less commercial may be developed along Highway 12, the overall intensity may not reach expected proportions. The 58 units proposed on the Lundgren project will not overload the traffic or City infrastructure systems and will provide a unique and environmentally responsible development for this area of Orom>. DEVELOPMENT FLEXIBILITY Within the PUD, requested flexibility is to develop the property at one unit per acre with the umlerstanding that there will be City sewer and water and enhance water quality storm system for the overall development. The perimeters of the development will also be developed to minimize impacts on adjacent properties. The flexibility includes varying lot sizes to allow a clustering of homes to preserve consolidated open spaces. Setbacks are proposed to match the development intent of clustering and protecting the wetlands. CONCLUSION The proposed development conforms to the goals and principles of the Comprehensive Plan and will provide an excellent example of Orono community standards for housing development within the Highway 12 Corridor. The consolidated open space and enhanced wetland and ponding system will greatly increase the water management on the property versus the uncontrolled intense agricultural practices of today. The Lundgren Bros.’ plan buffers the intense land uses of CSAH 6, Willow Drive, future multifamily housing, and Orono School facilities, and creates a large lot, rural appearance along the surrounding roads. Lundgren Bros, will be building high quality homes and an excellent neighborhood that will further strengthen the Orono community and surrounding area. I/I Bonestroo Rosene wPB Anderlik & Associates Engineers A Architects November 5, 1993 Ms. Jeanne A. Mabusth, Building and 2U)ning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Lundgren Bros. File No. 139-GEN Om G fcjMgiwje Pf isMit W iMene * jomfih C Agi&fm. Pf Uarvin l Servitt P€ (lichA<« f Tuner Pf G<rv * Coem Pf Thorn* 6 Noyes. PC Men G Schuncht PC Sutan M Gbertvs C PA O A PC «eeh A QonM. PC Men i P^Me PC ■KhjaO M»r Pf Dftnd O LomiMs PC Man C Huu*. A i A je^ A tuuMBn Pf Mart A HOfiM PC Mchae* T MPnarw^ Pf IMA PC Fhenw t An*non AlA penM C PC fhonei C Awgm Pf lonaet lAeww Pf Mchjei P Itau. Pf /^pnes M AiC P PM* J Pyne PC rr^onti w Mryor^ Pl Mithjet C Lynch PC jjnes • Maiand Pf >en> O PhiacJth Pf kov J An^meiL PC Kenrvih P Anoinoh Pf Mar* I CoPl. PC Mar* A se* PC W Month Pf CXr*e« J tdgtmn PC A Ccfe khnMi Pi PNi* J Caiwtt Pf Mani O WMi PC Mtfps • Jthien PC . PMHpO»avt« PC mien L W«nse*i. PC Gary 0 MoP» PC r fMMPoWr PC CNh t PC DoM«lai J iPnCML Pf Shawn 0 Gustahon PC CfcAO Omner Pf Paii G Newer Pf iBhh P GordPr PC OM*in A ffictsoh Leo M Pawtroty Hanan M Onon Jam f IngetMidi C l.CV 8 j&95 Dear Jeanne, We have reviewed the preliminary sketch plan prepared by Schoell & Madson, Inc. for Lundgren Bros. Construction. The property is located west of Willow Drive and south of CSAH No. 6 in the southwest quarter of Section 28. There arc several issues that need to be addressed relative to engineering matters. The street alignment is acceptable and appears to be in conformance with City Codes. It should be discussed whether the streets will be public or private. We recommend that the right-of-way for a future through street be platted to the west at the most westerly cul-de-sac. This right-of-way can easily be aligned with the existing platted right-of-way on the school property. If development plans arc prepared for the school that do not include this connection, the right-of-way could be vacated. A trail outlot should be platted along the south side of CSAH No. 6. Also, pedestrian access to the school property should be provided by means of a trail between lots 14 and 15, or at the end of the most weilcily cul-dc-sac. We recommend that the trails be constructed as part of the site improvements. Both sanitary sewer and water main will need to be extended north from Trunk Highway 12 along Willow Drive. The water main should be extended to the northwest corner of the site for a future connection to the City of Medina’s water system. Water main should be extended to the west property line at the most westerly cul-de-sac for a future loop to the water main on Old Crystal Bay Road. The four lots at the southwest corner of the property (Lots 10, 11, 12, and 13) are proposed to be served with a single driveway. The City Code allows only two lots to be served on a single driveway. Three or more lots will require a street be constructed for proper access. Tbese four lots have proposed house pad elevations 8 feet higher than the existing ground and proposed driveway elevations. No grading contours are shown for the fill placement that will be needed to develop these lots. Fill in this area will likely affect the wetlands in that vicinity. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Ms. Jeanne A. Mabusth Page -2- November 5, 1993' The City Code requires a 26 foot setback from wetlands that are identified in the City s wetland inventory map. These wetland areas arc identified on the sketch plan m numbers 6, 8. 9. 12, 12A, 13 and part of 7. AD other wetUnds that have been dehneated are regulated at the State level by the Wetland Conservation Act At the present tune interim guidelines for the Act are in force. Beginning on January 1, 1994, the permanent rules will be in effect. These rules wiU require the replacement of a^ filled wetlands at a 2:1 ratio based on area. This ratio applies for replacement with the same type of wetland that was lost At the Federal level the wetUnds are regulated by the U S Army Corps of Engineers. The plan shows some of the wetland areas that will be filled as part of the site grading, as well as the wetUnd replacement mitigation area. However, due generaUy to the random location of wetlands, it appears that the proposed density of 58 lots may be more than the property can accommodate. Drainage and utility easements will be required 5 feet wide along all lot lines and 10 feet wide along the roadway right-of-ways. Drainage easements should be provided over the ponding, wetland and mitigation areas. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTRCX), ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gusta^n, P.E. D rr CORPORATE LIMITS LIMIT OP STUOV I ^OAD IMITOF DETAILED STUDY ------- WATPRTOW^• AVENUE north ZONEC o <oc City c Long Li AREA NOT INC CITY • » »»r. Recommended Alternative - The wetlands and natural vegetation in the area provide an excellent transition between the more intense use planned for the south and single family 2-acre to the north. Utilizing this as a breakf the area to the north will remain at the 2-acre rural residential standard. For the area south of the wetlands, the a I planning consultant has offered four development schemes, providing multi-family units (either town house or apartments) to the immediate south of the wetlands with alternatives for varied commercial uses abutting Highway 12. The four alternatives of development are considered at an acceptable level for projected sewer needs ranging from 300 to 450 sewer units.The configuration of the frontage road would be dependent on the type of development undertaken but would provide for access points at Old Crystal Bay Road and Willow Drive, approximately 300* back from their intersections with Highway 12. 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Utilizing this as a 1 at the 2-acre rural ‘ of the wetlands, the development schemes, lOuse or apartments) to ternatives for varied four alternatives of * level for projected sewer units. The dependent on the type for access points at roximately 300* back■Blif ■ill TABLE 1-1 THE ORONO SITE WCTLAND DESCRIPTION INFORMATION fi ' - Appendii E * - From Soil Survey of lleimepin County * • Prom Hydric Soils manual AreaNo.9Cifc. 39 fedaodTypeCowardin OnNWIMap(Y/N)1QualityClass'Domloinl 1Vegeulioo : . H•' * ,.' . < ■ . . ■-y:Soils*Present UydricSoil*(Y/N)WwlandCondilionaMet11.2 PEMIA Y Ag/Urb ReeJ Canary Grass Hamel Y Y22.3 PEMIC N AgAJtb Spikerush, Cattail Hamel Y —Y3—N Giant Ragweed. Smartweed Glencoe Y N4N—Barnyard Grass, Smartweed Le Sueur N NS2.3 PEMIC N Ag/Urb Spikerush, Canail Glencoe Y Y<2.3.6.7 PEMI/SSI/FOIB/C Y Nat.Reed Canary Grass, Cattail, Elm, Dogwood, Sedge Glencoe Y Y6A6PSSIBYAg/Urb Willow. Hummock Sedge Glencoe Y Y72.3.7 PEMI/FOIB/C Y Nat Reed Canary Grass, Green Ash, Elm Glencoe Y Y12.3.4 PEMIC/F Y AgAJrb Reed Canary Grass, Canail Glencoe Y Y91.2.3 PEMIA/C Y Ag/lfrh Reed Canary Grass Glencoe Y Y10•—N Ragweed, Clover, r....yard Grass Glencoe Y NIIN—Barnyard Grass, While Clover. Common Ragweed Le Sueur N N 1 I*o* •- ‘ * * . * X- lential • -«* a* .„oe j • s»i«’ Proposed Alternative Area 3 Fig. 29 TABLE 1-2 THE ORONO SITE WETLAND DESCRIPTION INFORMATION' - Appendix E* • Prom Soil Survey of Hennepin County* • From Hydrk Soils manual * • Wetland Delineated in field is lar|er than what is shown on NWI map AreaNo.Wetland Type On NWI Map(Y/N)Qualkycuss'IIi'iSolU*Ilydric Soil*; (Y/N)- - 1Wetlind 'ConditioiuMetCirc. 39 Cowardm rk^esentI2A2.3 PEMIC Y AgAJrb Reed Cinary Grass, Sobstem Bulrush Glencoe Y Y12.3 PEMIC Y AgAJrb Reed Canary Grass, Sofistem Rulnish, Green Bulrush Glencoe Y Y133.4 PEMIC/F Y Af/Urb Reed Canary Grass BuIrLish, Cattail Glencoe Y YI3A3PEMICY*AgAJrb Reed Canary Grass Glencoe Y YI3BNWhite Clover, Barnyard Grass Le Sueur N N142.3 PEMIA/B N A*/Urb Spilerush, Softstem Bulrush Glencoe Y Y132.6 PSSl/EMIC \*A|/Urb Willow, Spikerush, Reed Canary Grass Glencoe Y Y 1ISA2.3 PEMIC Y*Ag/Urb Reed Canary Grass, Sedge Glencoe Y N162.3 PEMIC N Ag/Urb Catuil, Spiker\ish Hamel Y _ .V........17 N Red Clover, White Clover, Continon Ragweed Le Sueur Glencoe NY NIINCommon Ragweed, White Clover Le Sueur Glencoe NY N -&^~m vv;.t.-N;.,wmm m ■'•■I a>j li --■ ■■ ,’W■' "^ ■ vs ■ ,■ ' ■-^,■ , •. >-’-.■ ■ V i*‘i :^^'%r-t5Saf«**W>: V-.U rOisV^V'Os >\ •-.V: it >*^'‘s '> • I V‘. /'V. ‘ ' 4 * '-'^'O rS. •*- • *- Tr ; -nfit . ..tmM Z' 4i % ir ^, -vu ..., ..: ■ , i -V ’. ?» -^.' . i- ' Jg •?. ■. >?'i> v-0;:J : V ■?r-V^> .■1?a^- I 6-y I I I I I I I I ■ ■ ■ ■ ■ ■ ■ ■ PEOJECT OBJECTIVES TV of «« ™ d» .ochnic* dcfinidoo of . wedaod «.«<•.>!««. «0- »0>f™"*- TV orooo«d devolo««< of tto p«el U fo. .tagle bnOy «ide«ul housing. A v«i«y of irn. ». r-n. U« of process. DATA SOURCES DNR Protoctod Wiien Invcniory. 1983 - Hennepin County. Minnesota U.S. Fish and WUdlife Vrviee National Wetland Invenioty Map. I" - 2000' scale; Excelsiot. Minn. Quadrangle; 1989. Date of aetial photos - hUy. 1980. Soil Survey of Hennepin County. U.S. Dept, of Agriculture. 1974. Hydric SoiU of tV United States. USDA SoU Conservation Service. 1991. methods and procedures Wetland Surv^ Topographic maps. NWI maps. DNR maps. soUs maps and aerial pMognphs were reviewed prior to visiting tV sit. to identic prol»bl. wetland habitats. All pomntial wetland ateas were then ground checked during the field survey. PlffiH Determination , . m 1 1 1 1 1 1 I I I I i J 1 1 1 m 1 j ■m 6-S' presniily in uj«. Prevailing practice by the regulatory agencies has been to determine the presence of hydric soils and hydrophytic vegetation. If one or bod. of those indicator, «e presens, the presence of suitable hydrology is assumed. The presumption is that the hydrology characterBtrc is more difficult to deremune by casual visual observation »d therefore b no. used routinely. The project sire was searched for areas s«bfyin, die 3 irulicaror characteristics of wedands. Area. poss«sing dmse characteristics were more closely examined to determine d« approxunate edge of the jurisdiaional wetland. ^ield Procedures , w v Wetland classification foUows die methods described in Cowardin et. al. (Cowardui. L.M.. V. camtr F C Golet. and E.T. LaRoe. 1979. Classification of Wetlmds and Deepwater Habtuu of dm United States U.S. Fbh and Wildlife Service. Office of Biologtcal Services. Washmroo D C. Publ. NO. FWS/OBS-79/31. 107 pp.) and a. used in dK National Wetland Invemory hern, completed by the U.S. Fish and Wildlife Service. ■me site was examined on August 17. 18. 19 and 30. 1993 for areas meeting wetland criteria in accordance wid. die Federal Manual for Idenrifying and Delineating Jurisdictional Wetlands (Federal Interagency Comminee for Wetland Delineation. 1989. Federal Manual for Identifymg and Delineating Jurisdictional Wedands. U.S. Army Corps of Engineers. U.S. Environmental Protection Agency. U S. Fish and Wildlife Setvice. and U.S.D.A. SoU Conservation Service. Washington. D.C. Cooperative technical publication. 76 pp. plus appendices.) and the Cotps of Engineers Wetlands Delineation Manual aechnical Rept. Y-87-1. January. 1987). Procedurally. both methods are generally similar except that the Corps method requires that soil inundauon or salm-ation occur within the root zone (generally within 12 inches of the surface) during the growing season and that all 3 wedand parameters be present. In die 1989 Manual, if only one of the characteristics is present, the presence of the other 2 is inferred. Wetland edges were delineated in accordance with the foregoing procedures. The edge of each wetland was marked with 4-foot lath sequentially numbered and flagged with orange "wedand boundary' flagging tape. I I I II I I G-y The criteria of cliTcma less than 2 was not relied upon on this site since this low chroma was —----------- vegetation and no hydrology.observed in definite upland areas which had clearly uplano veg W^]jind Hydrology Hydrology on the site vari Mturated soils througlwut the basin. ed between standing water marshy areas to places that simply had Tta found » b. »«• «o “ Ilyins 3. U. .7, »d .8,, 0, h- «o«aon on.. In d« .op 3 Inches of d.. »l. whh dc, soO below (Basins 4, 10, and 13B). P I I Basin 2 ^fl^^^ed h. .conlnnce wid, e... fedec.., re,u.«d dellnecon procedure,, u. d« nord.«« corr^c of d. sUe U Bach. .. . T,pe ..3 A.A.rh«. wedand h, re«. canar, .raas. The baau. U along dK edge of dre parcel. The adjacen. upland on d« iT ™h.an neld arul off d.e parcel la »»od, bron« graaa. The NW, nup show, a snuU dot near this basin. 1, a Type 2.3 Ag/Urban wetland (PEMIO dominated by spiketuah and cattaU. Thia baau. U entirely widnn dm soybem. field and no. found on dm NWI map. There waa adequate «d saturation for this to be considered a wetland basin. Baaina 3 and 4 were found to be non-wedand due to lack of hydrology, .oil charactcriatica. a^dm ,^guo, narure of dm vegetafion. Baain 3 U « dm bowl of a ^ ^ a drainage tile oudeta the aoybean field. The tile la greater than 2 feet below e g surface « dm lowest point of this area; no gloying or motdin, of d,e soil was obsetv«i hem. no . ™ dm sou «uuraed. Vegeuuion conaiamd of gimu tagn«d, a sm.ttw.ed apeotea quackgrass. Basin 4 did tm. appear on dm NW, map was cropped « dm time of dt. .72 .^mn ^ photo. The soil in dm bash, was identical to dm. of dm adj«:en, soybean field. Wb.1. som 8 GO 1 ' * J 1 I 1 1 1 H 1 Lj 1 I I , of ihe soil, the soa beoeath was dry with oo sign of surface saniraflon occuned m the top 3 not met on this basin. The nu^Un*or..eying. voptarfon was a maUta** ^ , -^/T>PMio<k)iniMted by cattail and spikcrush found in the Basin 5 U a Type 2.3 .. Ote tun. of the 1/2 section aerial photo, but soybean field. This basm was cropped throogn ,n^y has saniiaMd soU below the ground surface. elm with silky dogwood, blue fiag iris and sedge present. Basin 6A 1. a Type 6 AgAlrban canary grass mtd hunm«k sedge along d« fringe T« consisting of goldenrod. smooth brotne gras. »«1 pncUy « ■ n , s.Tvne237Namralwetland(PEMl/F01B/C)alongthesouthedgeofthesite. Bastn 7 n a Type 2.3 7J^^^ seed canary grass, dogwood. cattaU. Amertcan elm Basin ha, a o p is on the adjacent upland along the western two- connects to Basin 8 south of the parcel. ■ rrjTr.rr: r ..a upland edge. I I I 1 I I I I I I I I 1 I I I I 6-& , ™t m«t iht wBlind criteri* «vonl>o«»h >»«)'»*« “* .0 . 1 w.« fou- <0 nc^ ^ of nwiin,! «« tfo,,e„(dueto«tm»ly^ ^ ^ i„ Bain 10 .»the same a found to fl.« gfound surface. were the same as the adjacent soybear. field. No u^in 11 had soils that were very dry and were me san , w i r> rZ 0 .e.„, «S ptesem. Bod. Bsshn .0 snd U «se cto^ - - - - section aenal photo. Neither appear on the NWI map. n ,0A is. Type 2 3 A,AJrban«tla»d(PEMlOd0=nnatedb,..«i canary «•*>““ west to Basin 12B. ,___,, ,2A and 12B «S not cropped dm year due to extreme rainfali, but did was present. * r r rrr::rz:r:r Z ^rblwl d.e basin and d.e f.eid. Vegemtion included smood. brome ,rass. thisd.^ Ill goldenrod. An area of channelized flow exits this basin on the north side, passes throu upland meadow and empties into Basin 13. o • nu. Type 3 4 Agmrbm.wedand(PEMlC/F) dominated by reed canary grass with catuil. me site. There U an open upland meadow between the basin and dK easmm edge of the stte. G - 1 it 1 ] i I I I I I 1 I m ■ 1 B»io. 13 «d 13A. Tk upund „ dU. >«i« dominoed by — r.g»«d »d «h.« Clovo wUh ochet ip«ci« b«r»«n the b«in ad the soybe» field. B„h. 13B did »« n«t d» .cat. ctlteHa of «1U. h« ad ve,^o. “ - - „ d»« found in d» nijaen. aybea field wid.» monlm, or ,leymg. WM. ^ on the ground surfae. the sanaioo wb only on the top 3 .nchee of the tod. some ponded water included white and red clover, barnyard grass, giant TTb „il «, thy belo« 3 inches. ^ U,e exneme raWall ngweed and spiltenish. It is our opinion that the wet conoinons larpd^int* experienced this year. Basin 14 1. a 2.3 Ag/Urba wedad (PEMl Am) ansistin* of spikemsh. aftstem b^h ad «d caaty among other plat specia, '»t-h.Ie dtis basm did not ap^ on „„p nor on d« 1/2 sectio. aerial photo. d*re was enough satraon below d« ail su,^ f« Jbasln to nteet ue weda^ crUeria. There was a a« of upland vegeution between ihis basa and the soybean field similar to other basins. Basin 15 is a Type 2.5 Ag/Urba wetland (PSSI/EMIO dominated by willows in the s^them portion with cattaU. spikerash and aftstem bulrush in the north end. J ^ upland plant species fringe in the southern portion that consists of Cana shown on the NWI map and 1/2soybean field with an UusUe and smooth brotne grass. Only the willow area was section aerial photo. Basin 15A U a Type 2,3 AgfiJrba wedad (PEMIC) that is dominated by sedge river bulrush, cattail and «nattwe«l. The adjaent upland is the aybea field wtth tL hinge simila to other basins. A, with Basin 15. only a pordon of this basin was shown on the NWl map and 1/2 section aerial photo. Basin 16 is a Type 2.3 AgAIrba wetland (PEMIO not shown on the NWl map or 1/2 se«ion serial photo. This basin had standing water with ails that were saturated below the ground II I I I I 1 I I I I I I I I I i I (^ •i O oBfict Mibe hydrology cniCTUwa met. in »»« o". vegeudoo «ch » cauU. epikerosh rod some roftetem bolno . ~i .O no. meet the weUrod criterU. Both basiro ere dominated by non- saturation, monling or gleying in these basmi. SUMMARY AND RECOMMENDATIONS fisBsal Activities which iinpsct or govetntnent. Faieral ^ ^ ^ Covemmental Utut agencies may all be involved Poumion ^ ^ .listed »idt wetland regulations. U i. “'a;” “ activities. penslties. Local ordinances may regulate wetland moddicatK.ns suca and burning in addition to grading and filling. ^ have so«:ial provisions and conditions which need to be followed. It U the 7jrto be awae of at.1 informed about aU special condiUoo. rod ^ssponsroility of the appl^ ^ awiude construcUon provisions within the pemu . establishment, agency inspections and extended B^toring. ^ ^Uon. miy be consid.r«l a violation of ^.orBOUction ^ penalties. It is dw responsibUity of permit conditions subjecting the permittee to civU arm ennuna. pv me permittee to see that aU permit condidona are compiled with. r I I 1 I 1 i i I I 1 4 I I 1 I I I I I During coastnKdoa it is recommradcd ihai proper erosion md sediment control messures be implemented to prevent excess sediment ftom entering netlands. The esrshltstanen. of » undistntbed vegeotion buffer zone is r»:ommended along the ^land side filter reduces the wetland. Since Agmrban wetlands h. their current stam are already degraded, a higher level of protection may not be necessary. These basins are ideal candidates for restoranon. Utilized water bodies may not such as cattle watering and stormwater retention. construction is recommended. need buffer zones doe to the fact that they are designed tor purposes Erosion and sediment control during {Site-Spccififi Since ^of the basins on this site are AgAlrban basins found in agrtcultu^ «clds. ^^inr of the basins is no, as high as those found in non.cropped areas. ‘ .pality and are word, protecting at a highe. level due to their more natural condtuon m the map basswood forest area. There are several large green ash trees located m the wooded portion of the Basin 7 that w. ^uld nd be left standing due to the uncommon occurrence of naturally occurring green asrecomroe specimens this size in this area. 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'■ *'-•'?■«. .■ /• 4 *.. . . *Ajrf^ • »• ^ -y*'pi ^' > r1^ j.wM <-•■ -ovi.-r- • •• '"■ • /v ^'. • *♦ • * V'*,;';- . -.A’5 ’r >^'A'2SS| ^ » r\f« -W«£7\ «I 7» ^-? r? is P[.'r'f-i.' I j.., I *. V ^ . f ^’9.^ .* t « f'- f.k -' 'fe ^ ,f . iVi .•'.■•••.■.t,.*‘x*' . > > ♦ •• . &\ ■ S''*’' :?'/'c ^^rjikiAiL__^_____ V’« > <»• -n « -ii \ « \ ; 9.^ S !i'j rx^-- > ^ I >» ;v « laT*r-w^ ;-n^ / X' J .4i ;> > Wk ^ m . * k \ 41 4-i *, •fe ^ (j fj i:'Vi'^ iv.» i a '&, ' * ■ ** > r ^ -• ’• !?«!•’ |ilv* ‘‘W Jr^ f «^« t ^ • I ■* '••' H'iI! m « •• ft' , .zi ■ !rV r ' ‘t t t > % •* 'Tr^*.V- .».<V yll ,-..J • ‘ ■•;- * ’ ' -#r..A S y v' 'i>-:A'rf 1 ^ Vjjti.r* ^ . \ I ■ I *\V ,tt . .•■■ ‘ * I •t • • • ■ I*. • • I . • I. •» V ‘ ?r‘^' . i- '■' 3u: >v> *1 \ mn* lik-1V'* ^ ^ */'^ *"• - ^■f^l ^ 1 I99d REQUEST FOR COUNCIL ACTION CffYOp DATE: April 6.1 •h'fl ITEM NO, Department Approral: Nmm JoMe A. Mabusdi TItfo Building A Zoning Administrator Administnrtor Reviewed:Afeada Section: 7AfllDJ Item Descri|Mion: #1898 Paul and Rose Hauser, 2801 Casco Point Road - Variances Resolution Pertincfit Ordinances 1. Section 10.22, Subdivision 1 (B) - Average lakeshorc setback variance. Allowed = 0 After-the-fact deck -13* Proposed kitchen addition = 6 ’ The existing strucnire is located 25’ in front of the average lakeshoie setback line. 2. Section 10.03, Subdivision 14 (C) - Review of lot coverage. Total lot area = 19,850 s.f. Allowed =® 2,977.5 s.f. or 15% Existing * 2,244.8 s.f. or 11.3% Proposed » 2,563.8 s.f. or 12.2% 3. Section 10.25, Subdivision 6 (B) - Side yard setback variances A.Proposed kitchen addition to south side of existing residence Required = 10’ Existing = 10 ’ Proposed = 4’ Variance = 6 ’ or 60% B After-the-fact deck on north side. Required = 10’ Existing = 7’ Variance = 3’ cr 30% Section 10.22, Subdivision 2 - Hardcover review. 0-75 ’ setback area = 5,250 s.f. None exists and none is proposed. Request for Council Action contimied [»ge 2 of 3 April 6. 1994 #1898 Paul and Rose Hauser. 2801 Casco Point Road 75-250’ setback area « 11,300 s.f. Allowed ** 2,825 s.f. or 25% Existing * 2,182 s.f. or 19.3% Original proposal presented in Jaraiary « 3,482 s.f. or 30.8% (657 s.f. or 5.8% variance) Amended proposal presented in March - 3,233 s.f. or 28.6% (reduction of original garage at 75 s.f., removal of drive 69 s.f. and steps in lakcshore yart at 106 s.t.) Variance “ 408 s.f. or 3.6% 250-500' setback area = 3,300 s.f. Allowed = 990 s.f. or 30% Existing ^ 1,880 s.f. or 56.9% Proposed = 990 s.f. or 30% No variance required. List of Exhibits A - B - C - D - E - F - G - H - 1 - J - K - L - M - N - O - P - Application Applicants’ Addendum Property Owners’ List Plat Map Neighbors ’ Acknowledgement Existing Site Plan Site Plan Proposed for January Planning Commission Review Amended Site Plan Presented for March Planning Commission Meeting Amended Hardcover Facts Survey Elevations Resolution No. 2577 Approving Application #1362 Approved Site Plan with Application #1362 Building Permit Check Off List Approved Hardcover within 250-500’ Setback Area Application #1362 Minutes of Planning Commission Meeting 1/18/94 Description of Request The planning Commission reviewed this application at their January and March meetings. The applicants propose the removal of the detached garage within the 250-500’ setback area and the installation of an attached two-story garage addition at approximately 27’ x 25.5 . Request for Council Aaion continued page 3 of 3 April 6, 1994 #1898 Paul and Rose Hauser. 2801 Casco Point Road The lower level will consist of the garage and mud entr>’. The upper level will consist of two bedrooms, bath and study. Review Exhibits H and K. The proposed addition wUl be at a maxiir -«i. height of 25 ’, consistent with the height of the existing principal structure. The major addition t j the structure will meet the required 10’ side yard setback and 30’ street setback and will be entirely located to the rear of the average lakeshore setback line. Review Exhibits H and J. A kitchen addition of 60 s.f. is proposed at the south side lot line to be placed at a 4 ’ setback. A deck/stairs at 202 s.f. has been installed at the north side of the existing residence located 7’ from the side lot line. The deck was not approved with the original review and has been considered as an after-the-fact ponion of the current application. Staff has updated the hardcover calculations within the 75-250’ setback area to include the 202 s.f. of deck and stairs. In tl« 1989 review, hardcover was interpreted in a unique way. Hardcover allowances for both setback areas were totaled at 3,815 s.f. The City conditioned approval on some 417 s.f. of driveway hardcover being removed within the 250-500’ setback zone with overall hardcover at 3,815 s.f. The applicant completed the reduction of hardcover as required within the 250-500’ setback area but in the 75-250’ setback area, 202 s.f. of additional hardcover was added because of the north side deck and access stairs from lakeside deck. In the January review, the Planning Commission was concerned with the size of the footprint of the major addition to the existing residence and asked that the footprint be reduced. The Planning Commission conceptually approved the breakfast nook addition and after-the-fact side deck to the north finding adequate room for access by emergency vehicles. It was also noted that the south side of applicants’ residence faces the garage side of neighboring property. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the amended application approving the side setback variances for the proposed kitchen addition and existing side deck on north side. Hardcover in the 75-250’ setback area was approved at 3,233 s.f. or 28.6% (January meeting hardcover at 30.8%), approval was based on the unique findings and hardships set forth in applicants’ addendum. Exhibit B and in Resolution No. 2577 that granted the original variance for side and lakeside addition to the residence in 1989. The enclosed approval resolution has been drafted per the findings and coraiitions of the Planning Commission approval recommendation. COUNCIL ACTION REQUESTED: To adopt or amend the q)proval resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONLNG CODE SECTION 10.22, SUBDIVISIONS 1(B) AND 2, ANT> SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 1898 WHEREAS, Paul J. Hauser and Rose M. Hauser (hereinafter "the applicants") are the owners of the property located at 2801 Casco Point Road within the City of Orono and legally described as follows: refer to Exhibit A. attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to allow a deck constructed without a building permit located 13 ’ in front of the average lakeshore setback line and a proposed kitchen addition that will be located 6 ’ in front of the average lakeshore setback line where no such encroachment is allowed, hardcover variance within the 75-250’ setback area proposed at 3,233 s.f. or 28.6% where 2,825 s.f or 25% is allowed and per Section 10.25, Subdivision 6 (B) seeks approval of a side yard setback variance for a proposed kitchen addition to be located 4 ’ from the side lot line instead of the required 10 ’ and approves an after-the-fact setback variance for an existing deck located T instead of the required 10 ’ from the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1898. The property is located in the LR-IC Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 19,850 s.f. or .45 acres. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the proposed variances as amended based upon the following unique findings and hardships: Page 1 of 4 A. B Significant lake views enjoyed by neighboring properties will not be reduced or encroached upon by proposed additions. Hardcover w ithin the 250-500’ setback area has been reduced from 1,880 s. f. or 56.9% to 990 s.f. or 30%. C. Long, narrow shape of lot. D. There are no hardcover improvements within the 5,250 s.f. yard area within the 0-75’ setback area. E. There will be adequate distance between residence structures on north and south with proposed additions to allow for easy access of emergency vehicles. 4. The City Council finds that the conditions existing on this prqierty are peculiar to it and do not apply generally to other property in this zoning district; that granting tte variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, conunents 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 findings noted above, tte Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 and Section 10.25, Subdivision 6 (B) to permit construction of an approximate 27 ’ x 25.5’ addition to the street side of the residence, 60 s.f. kitchen addition to the south side of the residence ami approves an after-the-fact side setback variance for a deck and access stair to the nor*b side of Page 2 of 4 the residence at 202 s.f., an encroachment of the average lakeshore setback line by the two additions at the north and south sides and a hardcover variance within the 75-250* setback area approved at 3,233 s.f. or 28.6%, subject to the following conditions: 1. Upon application for a building permit, applicant shall provide an updated survey locating the exact dimensions of all approved additions. Survey information to include hardcover confirmation as follows: hardcover within the 75-250’ setback area at 28.6% and at 30% within the 250-500’ setback area. 2. Authorities granted by this resolution 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 (April 11, 1995). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of April, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Paul J. Hauser Property Owner (s) Rose M. Hauser Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of Apnl, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk of City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. ’ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ___day of _, 199 before me a Notary Public within l^wn to in and who exKuted the foregoing insmiment.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___. 199 before me a Notary Public within and for said county, personally appeared---------------------------^^ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 CITY OP OROHO - VARIAHCB APPLICRTIOH t o ^ O Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After>the**Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 2^\ CP6>Ca TbiNT _ _ _ _ _ _ _ Property Identif. Number (P.I.D.) 20 - 117^ ^1 ^ Attach legal description to application if not included on required survey. Date Property Acquired D&C ^57_ _ _ _(month/year) I (do)(do not) also own the adjacent parcels of land. r* CITY OF f &TICE fTTrtTyVVVVt aawv4.vvvvv 01 fif.V 175,00 C,W R 175.00 RECEIP7-7HA}^: YOU ^293360 cool ROl 714:3. 1 / ■'i 'y/oaa./ a.*-' / v CITY OF OR&IQ , OFFIi^ 1 7^1) .•t int }, \n fiTA AA I I .*f Iva.v\^\,jv aecK "'ft ..... wvva Mva w:v • vv ^ I > I N IV • w Present use of property: Zoning District: residential other(specify) T *:• / vC- /c a^/ <. u/ / APPLICANT Name Phone (home) _ _ _ Phone (work) ^3l'^5Z”7 Address: Z^i C^ycc. '^p-^ Cci City:Zip: t^K/ OWNER (if different than applicant) Name Phone (home) Phone (work) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ 000 ~~ CC^ Describe request in detail: A^cW a(\A ‘pWg. a\>c\i<L. \~tj n kr-f|t;»n 4 K>)»rJfnr?fA ^A^Ty . _____ VARIANCES REQUIRED Lot Area Lot Width Hardcover_ _^Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:_ _ _ _ _ /hfn Irt wgn^-f ^\lauJ C-r j<77<^»yvi so\iA'<c^ ■4r:> bL’c/fnrv»s dL^\j& •W>«? N.\r <:-KT<>rrfV / ______________________________________________________________________ f (attach additional sheets if necessary) RBQUIKBD SUBMITTALS All of tiie following information aost be submitted by the application deadline date in order for yoor application to be coosidcrad ccMplet«« .Completed Application Form 2. Certified Property Ovmers List of ovmers within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. v/Plat Map (obtained with property owners list). 4. ^Certificate of survey (signed by a licensed surveyor) to include nard^ver calculations as ^required (provide one (1) copy 8%"xll" for repro^ctToii). € >^ 5. ___^Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8He”x11"). 6. \/S)cetches or plans of floor 6 elevation views (provide 1 copy 8%"xll"). 7. _^As an addendum to this application^ please attach a separate list of any other persons you wish notified of this application. 8. __^Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not cosiplete if the above Information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administratorr agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this applicationr and certifies that the information supplied is true and correct t'' the best of his/her Icnowledge. Applicant's Signature C Date 12-10-^3 ONNERS SIGNATURE The owner hereby aclcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff* consultants, agents. Commission members, and Council members for purposes of investiga tion and verificatlo Owner's Signature this request. Date D-2C -^3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please malce arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I December 21, 1993 •■V V |4 ^ ) / » V n Dear Jean Habust, We have enjoyed living on Casco Point for over six years. Our family is currently growing with the addition of our first baby of hopefully many to come. With this excitement comes the challenge of adding space to our home within the boundaries allowable by the city of Orono, so that we may remain on beautiful Casco Point. Our lot is extremely long and narrow, which limited our first addition to suit our modest needs four years ago. At the time we built only what we needed in accordance with the city. Today we are analyzing our situation and hope to achieve the following goals: 1) 2) 3) Minimize additional hardcover Obtain additional bedrooms and eating area for children Keep our beautiful lot on Casco Point To best achieve these goals, we are proposing to attach our garage, utilizing the space above for bedrooms and adding an eating area tot he existing kitchen. We realize this will involve set back and hard cover variances. Hopefully, you'll agree this request for a variance for the small increase in hardcover will best achieve our objectives and the city's. Upon completion of this project, the hard cover in 75-250' zone will be 4% over the allowable 25%. However, the 250-500' zone will be conforming at 30%, which is a 22% decrease in existing hard cover. The setback variance required for the kitchen eating area will request a 6' increase on the existing 10' property setback on the south side. The neighbor's existing garage runs 16-28' from the property line in the proposed area. Our neighbor's support and approval can be verified by the neighbor acknowledgement form, which Carole and Roger Frommelt signed. Also we spoke with Mike Graffron today and he informed us our survey is on file with the city for your reference. Jean, we hope you will be able to favorable approve our requests on the basis they will serve in the best interests of both us and the city. Should we be of any assistance in this matter, please contact us at 471-8417 or 931-9527. Thank you in advance for your time. Sincerely Paul Hauser »V " V-v *- V • r r.. V. :, ' . v*.V ^ WTl It/M/fS V r^.;'o ■■ . ,y ‘ - , . •■ ••MTCM 001 .. ' •'- PROP AOOR ' * ‘OMNER HAHE' • TAXPAYERMMC/AOOR. . . f * •, ' V-' •• 'O- •: •■ ♦- .. I^.> . 41 I: - ^ • ' .• ••* 5. .-V- w ^.^>V:'X-ww V , .•v:;V.NlOP AODR - *> A CMCR NAME •* TAXPAYER ^ : MAME/AOOR i. ‘ , -H^v A-' • ■•-■•' .' . C*'* PROP ADOR -• ;,'v,:0HNER NAME*. ^TAXPAYER ,/^V*;, NAME/ADDR A ’ • . > ■• ''v" '■i: .-' - so 20-117-2S tS 001«02797 CASCO OOXNT RO 0 J GRUNOEEN A J A CRUNDEEN RQHALO J CRUNDEEN 2797 CASCO PT RO NAYZATA tti 55S91 > ^, .• i . ' ^ S8 E0-117-2S 3E 0015 OESII CASCO POINT RO GHENDOLYN C ROSS GHEN L ROSS E811 CASCO POINT RO NAYZATA MN 55S91 53 ' EO-117-I5 52 0013 02600 CASCO POINT RO THOMAS 0 RING THOMAS 0 KINO 2800 CASCO POINT ROAD NAYZATA MN 55391 KNNEPIN COUNTY PROPERTY INFCWMATION SYSTEM PROPERTY CPtlERS LIST58 20-117-23 23 001702795 CASCO POINT RD ^ D HURD/J L ZEHRINGER-HURD J 0 HURO/J I ZEMRINQER-HURO 2795 CASCO POINT RO NAYZATA MN 55391 58 20-117-23 32 0014 02807 CASCO POINT RD J M I P S 8AILEY JOHN M A PATRICIA S 8AIIEY 2807 CASCO POINT RD NAYZATA MN 55391 58 20-117-25 52 0018 02794 CASCO POINT RO MARY E lOHNSQN MARY E JOHNSON 2794 CASCO POINT RO NAYZATA MN 55391 ^ 5 58 20-117-25 32 0020 02799 CASCO POINT RO KAREN H ORTENBLAO _ _ _ _ ' / KAREN H ORTENBLAO ? NAME/AODR 2799 CASCO POINT RD NAYZATA MN 55391 V y >v ptop AODR /^ljit\.ONNER NAME l^-^iTAXPAYER M- - - • 4 , y «y\‘ ■ >‘V J-’' iJ TOTAL BATCH 001 00010 REPORT NO PAGE • • • •I ‘ 1 • ' ' k* ?*> • '^ ^ ^ ‘ V f ^ *58 20-117-25 32 0012 02813 CASCO POINT RD J L STERN J L STERN2813 CASCO POINT RD * NAYZATA MN 55391 58 20-117-23 32 0015 02805 CASCO POINT RO ROGER H FROMMELT t NIFE ROGER H FROEtlELT 2805 CASCO PT RO NAYZATA MN 55391 58 20-117-23 32 0019 02801 CASCO POINT RD P J HAUSER I R MASON HAUSER P J HAUSER A R MASON HAUSER 2801 CASCO POINT RD NAYZATA MN 55391 . *. rt V.i•v.;^ . ■■■•N* ' • . /■ * ' f • . <1 • I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPE OF MY KNONLEOGE Ah© BELIEF. / / . 4 Cv,v^. 1^... . 4J- -2 >*•»-». « ft p-g^H 7^PS. Adjacent Property Owners* Acknowledgeaient Pone I (we) ^.O^4cAAia ^of ^79*7 Qtt-OCO pi--(<?,£) [print address][print name(s}] have reviewed the plans for the proposed improvenent or proposed use of the property located at TniidT RP also referred to as land Dse Application No. _ _ _• I (we) understand that in executing this acknowledgements I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor s projector use requires Council approval. 7- \ T- r - ' -..v- ! • UJQ J i Property Owner Date Property Owner Date I (we)1*1 of 2^C>^ fU M- name(sT7 ^ /f* [print address] have reviewed the pl^ns for the proposed improvement or proposed «se of the property located at Z<iO\ CASTo TP/ur g.y-)_ also referred to as Land Use Application No. _ _ _• I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare “approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am the improvement plans and that the proposed neighbor s projec requires Council approval. iT' /* Date /Z Date If you have any information that may assist the City in this Land use Application, please submit your coi^ents to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. H \ >akc Min nctonka tOPOSED 0-75" Smm» DmIi. Cmmttmm Walks 815 aq ft HAUSER RESIDENCE 2801 CASCO PT RD Range Area Hardcover %Proposed % 0-75 5^50 0 0 0 0 75-250 11.300 1.980 17.5 3.280 29.0 250-500 3.300 1.736 52.6 990 30.0 Z'lx C^c Od^e^ hmt t Ul §o TO; Planning Commision Members FROM: Paul & Rose Hauser RE: Zoning File # 1898 IMPROVEMENT PLAN REDUCING SIZE OF PROPOSED ADDITION ORIOINAL PROPOSAL RANGE AREA HARDCOVER %PROPOSED %CHANGE 0-75 5,250 0 0 0 0 0 75 -250 11,300 2,182 19.3 3,482 30.8 Up 11.5% 250 - 500 3,300 1736 52.6 990 30.0 Dn 22.6 % RFVTSED PROPOSAL RANGE AREA HARDCOVER %PROPOSED %CHANGE 0-75 5,250 0 0 0 0 0 75-250 11.300 2,182 19.3 3233 28.6 Up 9.3% 250 - 500 3,300 1736 52.6 990 30.0 Dn22.6% Removing 250 sq. ft. as follows: Wood steps 106 Garage 75 Driveway 69 See Attachment n(D OQ W CO O C S3n> o (0 n Ho zl ^ o M • 0) 3am H (0 M K) Ln Ui mpoa Mzn fir I ■ i>ir iw 0 CO 01 o rt 01 n> M O (D M MM H O Z O I a OS I I Z ooC aJ 0^000 li%. n> I $ Ir 0.ht» ro <T»w H O to 3 — T3 3*T3 O H» O O O o h-*g d n» n H C to r* rt 3* 3 rt rr O 3 “ t/l ft) rt to 3 “ rt (D O 3 3 rt to 3 C O O '<3* n to to *3 ros- 3" 3 O O to H- 3 0 3 *-• 3 i-h H* CO rt (X'< 3 T3 3 “ to 3 to rt rt H* ^ rr* 3 3 o to to 3 ”(W T3 rt 3 to *o hh 3 3J O T3 to to (0 to to 52 cr o 3 H* 3 3\ ?r 3 3 to 3 3* 1-^ to O H- 3) to O 3 to to to Mil-* to 00 3*3t33 '<3H*N)a to* 0.3 to30toto 3 O 3 “to33 top to 3)H*to »-*p*p*3>o o.t^to H-3 3 Ov;3ro3toto 3acTto23 OOtoH- 7T3 "O to ocioto-‘3C7'oro3 3 300 to 3 t-* -• to 3> d 3 3 0 3 o. to toO 3*P-X <(t)333'3'33'3 t^3* to dtototocotod'totoOto 9h-*H-33 3toto?T3d to03toi-JW30d totoo. 3 O CO P*'< 3 “ 3* to O O 3to**0 Oto toOtO>(0 «3 3i-*3 z S3*<0 H*3*- H»to zo tog Oto 3 003 “ 3 030to333 33to3to033d3todto 33" 3»33'3n too toOOtoO 3'to3'H->- 3 33>to3»-hr'to3to3< O O to3l-'300to<33 to W to ^ I—• 3 to to Oh-'to Otov< '<:jDdo'a toMtOMO *3 3toto3 o 3to SMtota 3to 3^toto»t-*H*p*3to3totow gX33NJ33to3 toH*Mtoav3toH-‘to 3 W 3 to I—• I—• 33 »-‘to30toH'Zto WH.3'^303»|-*toOW •30 D* 3 M 3 p 3 “ w O. to to -.3 O. 3 00 to 3 P* p. 0*3* O 3 d to 3 to H- OO pta to 0.0 to X p. p. to 3 3 3 00 (/I to 3 3 p 3 0-3 to o *a p- t-hto o O. 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X • V ' ¥■< •*.' *.. ••• ..*•4.-. .* ♦. « . 1 ■ N(^ I?'* » * aty of OROIVO MIIOLUTIOM Of TNI CITY COUNCIL MO. -- 3577________ •a-W' t'fJ .... 7 ■v^wi A *. .. •. • . , J * • *i f • u '.i‘ •■.s •' ( • * • .• A fBUJUKl 90 rxu io. iju OMnlMfMr -Clty-I m4 l««ally d«»erlb«d •• follow«i ^ I^Mt At attaolMd (baraiaaftar *tha proparty”)! and —1^“^' appUoaat baa appllad to tha city for a ▼arlaaea to 2lfA*iK}—•ttbdlrlalon 1 a a to paralt tK jsus: ai '••*•** ” •'■• ““•• •* Mlbuaaotai"^' tOMroii, M it Ufoivio by tha city Couaell of Oroaot rXIDXMS !• Tbla appUeatloB waa ravlawad aa Soalnf Plla fl3<2. i.lSruS”'."S,‘D*l.m«.*' “'• “"»*• '•*“>' t.>.«l.or. Manning Con&iaaion ravl«w«d thla application on January t^fw ®‘ «>}• Avaraga lakaahura .atback flndlofai ^ Mnlal of tha hardcovar varlanca baaad upon tha following »»y nalfhboplng propartlaa^ r#doc#d or ooorodcuod upon by tbo propoood o4drtloo0o SialfJaiffff®/.®?!?*®*/* il“ ***• P'»P«»ty <»• to tba propoaadi- •**• t **»• Ptoparty awnar eaa raaova 417 a.f. ***• ^tlvaway araa without eauainj vablola atoraga problajM* ao that no hardcovar; ▼araaaea will bo nacaaaary* • f •1 faga 1 of 4 ia '* /.H ■ , .j. . '. -V I . « .A %4. J ','V ..’■ _'t .• • t •. ' • ,v f ' •. ■y.-’tf.-V-;.vt-.Vill • V ;C\/ T‘«V >. Y,’ ?. ‘ V ’"l' - '". Vt -5 vA-. * H ♦ »• \ ^ ,s.„t , 1. , - .. .if^y .V ' ■•Ji.r. ’C? 2.I ‘ =>*.• A,:-..;- ;•/•- . .'. •> • «1'';'**. ills*- s?tiVt»‘' iv wVHiii iv*i*, ?Rr "ir^kivjsia^ fe i Ss “ :»p g^r2T2.2j‘:.n^3«:s|.2^ - >*5 - ' % ^ t« V '••»> * - . . < *. ■ .1 ». 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V >. ;*.. , ■•i'J'.rj * « V # i.';-. •• . ^ ^ -^y. ^.v> ^ I ' •* 'r.t '•. ^ '*'* ' ■••• ^ *' .*t I' * * .' * ^ •- i ' , ‘ V •: .' .. . '. * -•'j ♦» ' *•» r 4 v.y4A*4 5 y>If ; I0 ICSCHtfHU / j .• '. “* - * •✓ . ' v' •' tl i : £.-f • - A .V;^J> # \f • •- . * A .:• / ^ VTi—' •M • *%>vv C‘i ■ ' v 4 ’ .•i^'V', ..-'Vi,®! • .»• • 4-V j i** * • ^ ‘ ' 'n. 'V'v V:v-^ ■ ‘ .’'l* ’ ■i.^jft . .. *'/ ‘• ' ■' V T A * i * •••• • .>#ar• • • •LUfe / UJ .-2 <*C«X i I 'r/\ 9. ■ ^ ^ (fj C0f*^^0 30^ £^/7^.V^-- bj :tc <T I 25 ^€M0V£ ^/7srf. W/^»/ P^^O(^^. T’fW Afi^A 1B>t 0 Hlac. Paaa CalculatedYaa/No SKNtn CHIT $raa No sswyn cowwrcTrov —Yaa No_WATER CCNNECTIOW -Yaa NO X RARR PtI - Yaa Wo ✓SITt IWSRBCTION — OTRER (apoelfy)— }MOJf4L, >o«t Offle«t teheel Diitrlett /Vld»4»»D > n c widthi “t,tt ' ~>0* o«ptht ^ Wo Oato of t /^O »l9ht Sldoi ICO'Laft Sldat /<9.6 r-^'i uctur*«I Exiatinq cr> NotlandI Trepoaod O /7.r » Ro^Frod?' Tm Wo^^^^to^f iV. provai Datai roval Datai Ceunetl Council A^prova •yi — Appcoval •rrtTj ^^ rovaf Paft TmiiiiaiN ^•aolutlQfi It HaaolvitiM Daft ^ feQ c y'^i. .'fii ^ 1 .2 * ... * »v#..'.^'< . _ -I___\ -.±,____11 a. ‘.Mm JL' —A'2Zi'Su 7f6 V/’ ^ <S'6» C \ i Ms¥ j^UNXJTES OF THE ORONO PLANNINGH£1 variances . 30.Sv.n.. MabusO. U>c S;?" r" S'— raTng“t<about the possibility of '''‘'“=‘"* * „ gain the area above „ small. He ‘ZTXStS St—;;SS s.t^ E ■»'•'—■ -■ —r»s"» S'- “ • ^ «H commissioner Lindquist "“^.JtdXo'n on X t c—™. »•“ 7Sir s;" s.; SSsHfi - - reduced in size. consistent c™.u.»«tCS?-S'" -• * ■££.“-ss?rr™« “ssss'“p-SiTw.7sis:irsS3ijs ? ;£=;.s «. suggested to the aPP ^.e amount of hardcover. and perhaps re e g ^ „,„.st for Pau rSrs:"^ So Point. Ayes 7. nays 0. TO: FROM: DATE: Mayor and City Council Ron Moorsc, City Administrator April 8, 1994 •'V Ap . P/TVCP utiejjinQ ^ J994 SUBJECT; Park Commission Recommendations Regarding the Tandem Properties Subdivision At its April 4 meeting the Park Commission discussed and made recommendations concerning several park related issues concerning the Tandem Properties subdivision. Chairman Flint will present these recommendations at the Council meeting. The recommendations are as follows: 1 2. 3. The Park Commission recommends the Council formally approve the concept of a trail along Old Crystal Bay Road to the Luce LiiK as part of its consideration of the Tandem Properties subdivision. The Commission believes the bike trail on the Tandem Properties subdivision should not be required unless there is a commitment by the Council to complete the trail on Old Crystal Bay Road at some future date. The Park Commission recommends the developer bear the cost of constructing the trail along Old Crystal Bay Road as part of tte subdivision requirements. The park dedication fee requirement should not be reduced by the cost of the trail. The cost of the bike trail is estimated at $30-40,000. The Park Commission re-stated its initial recommendation that the three acre sacred land site be accepted as park land only if it is shown to be sacred land through a formal determination by a recc tnized authority. The Commission determined the property does not effectively serve any other park related need. REQUEST FOR COUNCIL ACTION DATE: ^ I %NnITEM NO.: b ^^0 Department Approval: Name Jeanne A. Mabustb Title Building A Zoning Administrauir Administrator Reviewed:Agenda Section; Zoning Item Description: /jfl901 Tandem Properties/Peter Andrea Company, 2765 Casco Point Road Preliminary Subdivision - Resolution List of Exhibits A - Resolution B - Staff Memo 3/11/94 C - Plans for Bike Trail D - Preliminary Plat Status of Application Tandem Properties’ 25 lot first phase subdivision was tabled at the March 14th meeting of tno Council for thirty days providing adequate time for applicants ’ engineer to draft a detailed plan locating the 8’ wide bike trail and its impact on existing plantings along west side of Dickey property. The applicants, staff and Councilmember Kelley met at the site to view the staked trail. The enclosed plan. Exhibit C, reflects the agreed upon location. The plan was presented before the Park Commission at their April 4th meeting. They also approved the trail plan. In addition, the Park Commission made a recommendation to Council concerning the developers’ costs of installing the trail and determined that this cost should not be deducted from the park dedication fees. As staff noted in the memo of March 11th, Exhibit B, it was the developers’ obligation to present written request to Council concerning their desire to have the cost of the installation credited against the park dedication fee. The developer has never submitted this request. The approval resolution has been amended to include specific reference to Mark Gronberg’s plans for the bike trail. Review conditions 10 and 13 of the preliminary subdivision resolution. These are the conditions recommended by the Planning Commission. It is staffs understanding that the Park Commission at that same meeting recommended against accepting the park outlot if property was found to have no historical significance. It is not clear whether the value of the park land and interior trails if they are dedicated to the public would be credited against the park dedication fee. Ron Moorse who attended the Park Commission meeting may be able to provide more information on this issue. Request for Council Action continued page 2 of 2 April 6, 1994 #1901 Tandem Properties/Peter Andrea Company Conditions 10 and 13 may be amended if the Council adopts the Paric Commission recommendation. It was the Planning Commission’s opinion that if park and trails are to be public that the values of these areas be credited against the dedication fee. COUNCIL ACTION REQUESTED: To adopt or amend the approval resolution of the preliminary plat for Tandem Properties/Peter Andrea Company. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS ID SUBDIVISION FOR PROPERTIES LOCATED AT 2645 AND 3025 WATERTOWN ROAD - FILE NO. 1901 WHEREAS, Tandem Properties and Peter Andrea Company (hereinaftei "Uie subdividers"),on December 23, 1993 filed a formal subdivision application with the City for approval of a twenty-five lot residential plat of property legally described as: Outlet A, Countryside Manor 2nd Addition, and Tract A, R.L.S. No. 1089, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono ’s Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on January 18,1994 aikl February 22,1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; aiKl WHEREAS, at tteir regular meeting held on March 14, 1994, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. 2. 3. The properties arc located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 65.04 acres, with approximately 10 acres of designated wetland and retention/treatment areas. The proposed plat consists of twenty-five residential lots, each meeting the minimum requirement of two acres of dry buildable area. 4. All lots meet the standards of the RR-IB Zoning District. Page 1 of 9 5. 6. 7. 8. All twenty-five lots have been found to have adequate and suitable soils for on site septic treatment facilities. A private road shall serve all ten lots within the first phase division of the Coffin property. The curb cut for the private road has been approved by the City Engineer finding there is adequate siting distance for egress and ingress at 40 m.p.h. road. Countryside Drive shall be platted as a through road and dedicated to the public. There shall be a temporary cul-de-sac installed to the east side of Countryside Drive West. The road, as it remains a cul-de-sac road, shall be maintained by private property owners. No additional curb cuts will be allowed from these properties. The City has determined that an extension outlot for the private road in the first phase division of the Coffin property was not necessary. The City has approved the planing of backlots within the ten lot division of the Coffin property based on the following findings: a.Applicant is able to meet 150% of the area and setback standards required for backlots. b.The alternative of providing access to an extended road corridor or loop road would have the following negative impacts: • Loss of mature trees providing screening for existing development to west and maintaining natural amenities for future residential development of surrounding area. • Road extension or a loop road configuration would negate several septic test areas where property is severely limited by steep slopes and gentle sloped areas for the installation of mounds. • Potential impact on existing drainageway that drains to the west to Cygnet Place. Page 2 of 9 Extended roadway or loop road would impact existing residence on Cygnet Place with additional noise and headlights from private 9. 10. roao use. The City grants a variance to the 26’ setback for certain grading and drainage improvements adjacent to a protected wetland within Lot 1. Block I of the Coffiu property division based on the following findings: a. The proposed improvement would be consistent with the objectives of encouraging land uses compatible with the preservation of natural landforms, vegetation and the marshes and wetlands. b. The proposal does involve development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which would create downstream flooding or pollution. The City has based preliminary approval of this plat on applicant’s engineer and the City engineer’s reports and findings confirming that drainage from this residential development will not intensify drainage/flooding of downstream areas NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Tandem Properties and the Peter Andrea Company per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffi.. & Gronberg, Inc. dated December 1, 1993, most revised date March 3, 1994, subject to the following conditions: 1.Countryside Drive shall be platted as a through road connecting to Old Crystal Bay Road. The roadway shall be dedicated on the plat. The developer shall grant easements over temporary cul-de-sac areas not located within 50’ road right-of way. Countryside Drive shall continue to be mai’itained by benefitting private property owners until road is approved for public maintenance and constructed as a through road. Cul-de-sac road within fir^t phase of Coffin property subdivision shall be shown as an outlet and recognized us a private road. The City is to obtain underlying road and utility easements over outlet. The developer shall develop private covenar* • for the maintenance of private road and public road to be maintained by pri\ate property owners. Page 3 of 9 2. 3. 5. 6. 8. The subdividers shall be responsible for installing an 8’ wide bike trail along the east side of Old Crystal Bay Road as shown on plans drafted by Mark Gronberg of Coffin & Gronberg, Inc., Job No. 93-411 dated March 31, 1994. Dedication of drainage and utility easements S’ along all interior lot lines and 10 ’ along the perimeter boundaries and adjacent m road rights-of-way. Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural groundcover is restored. Prior to site grading improvements all tested septic sites on the Coffin property must be fenced off and the following lots in the first phase development of the Dickey property must be fenced off: Lots 1-6. Block 1 Lots 3-7, Block 2 Drainfields on Lots 1 and 3, Block 1 to be moved 5 ’ to east to allow for adequate separation from future bike trail. Applicant to grant trail easement over Old Crystal Bay Road bike trail along western boundary of Dickey property. Applicant shall be responsible for constructing Old Crystal Bay Road bike trail as set forth in trail improvement plans of City of Orono. 7. Well pit must be sealed within Lot 2, Block 2 of the Dickey property. The following lots have been found to contain protected wetlands not designated on the City’s conservation area maps: Dickey parcel - Lot 2, Block 1; Lots 3, 4, 5 and 6, Block 2 Coffin property - Lots 1, 5, 6 and 10 The following lots will be involved with wetlands created as compensation or mitigation areas: Dickey parcel - Lots 1-6, Block 1; Lots 1, 3, 5, 6, Block 2 Coffin property - Lots 1, 2, 3, 5, 6, 7, 8 and 9, Block 1. Page 4 of 9 9. 10. The developer shall create covenants to be filed on Chain of Titles of these properties advising future owners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some future date before obtaining the necessary permits from the City. Applicant shall provide mapping aixl metes and bounds description in order to complete covenants. All wetlands designated on City conservation map shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property. Lots 1, 2, 7, 8 and 9 of the first phase division of the Coffin property have protected wetlands. Three acre park outlot to remain as park whether there is historical significance or not within the property and that internal trails linking park outlot to DNR parks and Luce Line be dedicated as public. Areas of public interior trails to be excluded from lot areas of each involved lot. 11. 12. 13. 14. A drainage easement shall be required over all retention ponding areas. Such easements to be recorded in the Chain of Title. Developer shall create covenants defining fiimre homeowners association responsibility for upkeep and maintenance of all drainage facilities. The preliminary plat shall be submitted to the City Assessor’s office to determine value of undeveloped land at the time of the preliminary plat. The park dedication fee shall be adjusted to account for a three-acre park outlot and interior public bike trails. Applicant to execute Developer’s Agreement to ensure all grading/drainage improvements and road improvements are installed to City ’s satisfaction. No land alterations can take place until erosion control is established and, septic sites fenced and the City is in receipt of final grading and road plans. No improvements can begin until City Engineer has approved all alteration/improvement plans. A Letter of Credit must accompany a fiilly executed Developer’s Agreement written to 150% of the cost of the proposed road and site improvements. No building permits will be issued until all drainage facilities have been installed and approved and satisfactory road base completed. Page 5 of 9 15.Per DNR report of 2/17/94, the DNR must approve all plans and specifications prior to any construction taking place. The following improvements will be required by the DNR: a. Cleaning/upgrading of existing ditch that runs along the Luce Line adjacent to Coffin property. b. Replacing existing 18" culvert which is in disrepair. Applicant proposes 12" culvert at north end and 18" at southern eal. c. Placing a new culvert under the horse trail in the area by the pond south of the Dickey prq)eity. d. Install a second higher culvert through Luce Line adjacent to Coffin property to act as an overflow and to also allow minimal lowering of the elevation of the Luce Line at this location providing applicants ’ plans meet the requirement that slope is no greater than 1 %. 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 fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of three (3) mylar copies (with one copy for the City’s records and two for filing with Hennepin County) and one (1) copy reduced to 1" = 200’. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated 12-1-93, most revised date 3-3-94. B. Dedication of "drainage and utility easements" as noted in Item 2 above. C. Designation and dedication of drainage easements over detention areas within both the Dickey and Coffin parcels. D. Designation of private road as outlet and Countryside Drive as public road. Page 6 of 9 E.Dedication and designation of drainage easements over all proiecfetl wetlands within first phase plat. 2. B. C. D. F. Naming of plat. Legal documents required: Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. The applicant must provide certified copies of all recorded easeimn(s currently affecting the property. Signed and executed Drainage Easements to be taken over detention areas within plat (see sample enclosed). Signed and executed Developer ’s Agreement and Letter of Credit for site improvements and construction of private and public roads, (see enclosed sample of Developer ’s Agreement and Letter of Credit) Signed and executed Road and Utility Easements over private road outlot within Coffin property. Applicant to also create temporary road and utility easement over cul-de-sac areas within Countryside Drive not included within 50’ private road. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private roads, public cul-de-sac road and drainagi^ facilities. Completed application for private road name on Coffin property (sc«' sample of private road covenant enclosed). 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 name choices (see sample enclosed). F. G. Page 7 of 9 3. H. Completed private covenant for lots involved with protected wetlands not included within conservation maps of City and mitigation a^'eas. The covenants should include map aixl metes aiKi bounds descriptions. Covenants should be in a form suitable for filing. Fees to be paid: Total due: $375.00***^ A. Final plat fee = $175.00 B. Legal review and filing fees for subdivision and associated documents “ $200.00 ** Applicant must complete payment for private and public road fees. Applicant is to contact Zoning Administrator for payment of first phase development concerning road improvements. Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report h^ been filed with City. Park dedication fees shall be based on 8% of the fair market value of said land. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of April, 1994. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 8 of 9 REQUEST FOR COUNCIL ACTION DATE: 3/11/94 ITEM NO.: Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1901 Tandem Properties, 2645/3025 Watertown Road - Public Hearing Resolution List of Exhibits A • Application B - Applicant’s Addendum C - Property Owners List D - Plat Map E - Council Action Notice 10/28/93 F - Council Minutes 11/8/93 G - Planning Commission Minutes 10/18/93 - Sketch Plan Review H - Park Commission Minutes 1/6/94 I - Final Plat Resolution Approving Countryside Manor Jl- Gustafson Report 1/7/SW J2- Gustafson Report 1/18/94 K - Weekman Report 1/13/94 L - Orono Conservation Maps - Designated Wetlands M - Drainage Summary N - Wetland Watershed Maps O - Wetland Basin - Coffin Property P - Wetland Basin - Dickey Property Ql-3 - Topo Maps of Luce Line Area R - DNR Letter 2/17/94 S - Richard LaGarde Letter 1/24/94 Tl-4 - State Rules - Sequencing, Replacement Plan, Evaluation Criteria U - Countryside Manor Homeowners Association Petition V - White Oak Circle Drainage W - Survey/Topo Map of Dougan Property White Oak X - Planning Commission Minutes 1/18/94 Y - Planning Commission Minutes 2/22/94 Z - Preliminary Plat of 25 Lots (15 Dickey Property, 10 Coffin Property) Proposed as the First Phase Development of a Total 46 Lot Subdivision. Request for Council Action continued page 2 of 10 March 11, 1994 Zoning File #1901 The 25 lot division is proposed as the first phase development of a total 46 lot subdivision The second phase will be filed as soon as required septic testing has been completed for the remaining 21 lots. The Planning Commission reviewed the sketch plan of the proposed subdivision on October 18, 1993 and reviewed the preliminary plat of 25 lots at the January and February meetings of the Planning Commission. The following ordinances are pertinent for this review: Chapter 11 - All ordinances pertinent to Class HI Subdivision involving dedication of roads, drainage and utility easemeni> and variances. Section 10.55, Subd. 8 - 26’ setback must be maintained from designated wetlands by all strucmres and land alterations, review Coffin subdivision. Note encroachment by retention/treatment pond of designated wetlands within Lot 1, Block 1. This encroachment was unanimously approved by the Planning Commission as this was consistent with maintenance of good water quality before draining into designated wetlands and will have no negative impact on existing wetlands. Section 10.28, Subd. 5(B) - RR-IB lot standards. Section 10.03, Subd. 27 - Special standards for back lots Section 10.55, Subd. 3 - Definitions Definition 10 - Ordinary High Water Level OHWL Definition 14 - Wetlands or marsh lands Definition 15 - Wetland vegetation types Definition 16 - Wetland soil types j,c..don 10.55, Subd. 5 - Defines the protected area of the City and adopts the aerial overlay maps. Section 10.55, Subd. 15 - Land development and platting. City to obtain drainage easements over designated conservation areas. Section 10.55, Subd. 25(A) - Necessary findings for granting variances to this section, specifically review findings 7. Pertinent Facts for First Stage Development Dickey site 15 lots, total acreage = 38.25 acres exclusive of road right-of-way. Wetland r jcst for CouiKil Action continued page 3 of 10 March 11, 1994 Zoning File #1901 conservation areas were not designated by the City within this property. Applicant proposes 1,% acres of retention treatment areas for surface water detention and treatment. Total dry 36.29 acres (note this area does not include wetland Types 1 and 2 not included in conservation maps of City nor does this area include mitigation wetland areas). Coffin site 10 lots, total acreage = 26.79 acres excli ’^ive of road outlot. Total dry = 22.52 acres. Designated wetland and retention and retention areas = 4.27 acres. Brief Review of Subdivision The proposed road within the Dickey parcel will be platted as a through road to Old Cryst^ Bay Road and designated as a public road, refer to Exhibit I. At the time of the platting of Countryside Manor, Countryside Drive was designated a public road and the City was to take over maintenance at the time the road was a through road. Review Exhibit U, land owners within the Countryside Manor plat have petitioned to keep cul-de-sac road. Planning Commission concurred with residents and recommends that extension road from Old Crystal Bay Road be cul-de-sac but platted as a through road. At the time the City wishes to connect the roads, the City would install connection link and take over maintenance. As approved by Planning Commission, the road will continue to be maintained by private property owners. The road outlot on the Coffin property is a private cul-de-sac road and approximately 1,250 lineal ft. in length. Extension outlots have not been proposed to the west or north. Planning Commission approved the layout of roads on the Coffin property and accepted the hardships noted by applicant in the addendum to application. Exhibit B. Review Exhibit F, at the November 8, 1993 meeting of the Council, Council advised that Types 1, 2, 7 and 8 wetlands not designed on the City’s conservation area maps must be dealt with by other governing agencies before City would take official action on an application. The City would not amend its ordinances nor conservation area maps as a result of the new classification of wetlands. If an application involves the filling of these undesignated areas, the mitigation issues would be dealt with by other appropriate agencies. Per Council ’s directive the undesignated wetland areas would not be shown as drainage easements and these areas would be credited against dry buildable. 75’ setback would not be required for septic draiiifields from a Type 1 wetland. The only areas to be designated with drainage easements would be the designated wetlands as shown on Exhibit O and the retention areas required for surface water control and treatment as shown on the preliminary plans (Exhibit Z). The Park Commission has reviewed this application at several meetings. The 3 acre park outloi shown on the Dickey property and referred to as the "Ancient Ones Park", is the only park area requested by Commission. Park members asked the developer to designate interior park trails but to keep them for private use. The Park Commission, Planning Commission and City Request for Council Action continued page 4 of 10 March 11. 1994 Zoning File #1901 Engineer have asked that the City’s Comprehensive Development Plan for bike trails along Old Crystal Bay Road be implemented by subdivider iastalling bike trail along east side of Old Crystal Bay Road. Subdivision Reviewed in More Detail Lot configuration - All lots meet the required 2 acres of dry contiguous lands exclusive of designated wetlands and the retention treatment ponds. All lots except for Lot 3 now meet the required lot width at the front/street setback measuring 200’. The following lots are classified as through lots and conditional use permits would be required for any accessory structure installed at some future date: Lots 1 and 2, Block 2 and Lots 1, 2, 3 and 4, Block 1, all within the Dickey parcel. Two lots within the Coffin property achieve access via a 30’ wide private driveway outlot, Lots 6 and 7. Planning Commission members reviewed the recent code amendment dealing with back lots, specially Section 11.31, Subd. 5(C-1) entitled "Applicability". Planning Commission members felt that the developer had supported the need for the back lot. Section B of code, specifically states that back lot configuration should not be used when dividing a large parcel into numerous lots and may not be used as a tool for the convenience of the developer. Please review Exhibit B, applicant notes that either a loop road or extension of road to west would impact highly sensitive area resulting in the loss of trees on adjacent designated wetland. The extension of roadways would also impact smaller lots in the Cygnet Place neighborhood. Planning Commission agreed with tlie fndings and found the use of back lot configuration to be applicable in this case. Note surveyor has designated the required lot standards at 150% of the required zoning standards. Side yards adjacent to driveway outlot must be 50’. Surveyor must adjust side yard adjacent to the outlot in Lot 15 to 50’ rather than 30’ as shown. Drainage/Grading/Wetlands Per Council ’s directive, the applicant has filed the preliminary plans for permit approval at both the Minnehaha Creek Watershed, the local governmental unit responsible for implementing the National Wetlands Act, and on the federal level, the Corps of Engineers. The Corps has advised that the permit review would involve a national-wide permit with approximate 30 day review. He noted that if the sur\ eyor/engineer would agree to certain changes in the proposed mitigation plan that a more abbreviated review would be possible. The representative of the Corps said ;n this case a simple letter would be sent out within a week. He assured staff that since we are dealing with less than 3 acres of disturbed area, the mitigation plan would not require an Individual permit review that could take as much a 120 day time period. Under a 30 day nation wide permit review, plans and additional submittals are sent to five reviewing agencies - PCA, U.S. Wildlife Service, DNR, State Historical Society and EPC in Chicago. Request for Council Action continued page 5 of 10 March 11. 1994 Zoning File n9Q\ Ellen Sones of the Minnehaha Creek Watershed has advised that the current mitigation plan presented in your preliminary plans. Exhibit Z, have been concepmally approved by the staff of the Watershed District. She has called for the publication of the permit in the Environmental Quality Board Bulletin. After the 30 day period, which she adv ises would end some time at the end of April, the application can then be brought to the Minnehaha Creek Watershed Board toi their regular monthly meeting in May to review both the final mitigation plan and stormwater treatment/control plan. The earliest possible permit approval from the Watershed District will probably be in the latter part of May of this year. Staff has asked Ellen Sones to send a letter to the developer advising them of the currem review schedule. Representatives of the DNR Trails asked the City not to act on the preliminary plans at the January meeting of the Planning Commission pending resolve of certain downstream drainage concerns, adequacy of culverts under Luce Line and the impact of increased runoff from development on ponding areas adjacent to Luce Line. The DNR met with the applicant and staff and have approved the drainage plans as amended and have agreed to allow culvert replaceiru nt and alteration of the trail to make the stormwater controls work (review Exhibit R). Review Exhibits Ql-3, topographic maps of the Luce Line area, southeast culvert (18" m 'he Coffin property) will be replaced. The DNR has agreed to allow the trail to be I approximately 1’ allowing for an emergency overflow to assure residence on north side of Luce Line will not be flooded. The DNR has asked that direct drainage to ditch along north side of Luce Line on Coffin property be minimized as much as possible because of the inability to widen and deepen ditches because of the steep elevations adjacent to trail. The DNR has been convinced that we are dealing with a very small watershed. Drainage currently exits the property at 18 CFS and will be reduced to 5 CFS. Three retention ponds have been developed on the Coffin property. The culvert at the north side of the Luce Line will be reduced to 17" and exit on the south side at 18". This again is another attempt to reduce flow. The City Engineer and applicant’s engineer have worked closely on the downstream drainage concerns of neighbors arid Planning Commission, specifically drainage as it leaves the Coffin profierty running along the west side of the road until it exits via culvert to the east to the White Oak Circle neighborhood (review Exhibits V and W). Shawn Gustafson reaffirms that the new drainage controls on the Coffin site will not magnify drainage problems on Dougan property. It may in fact slightly improve. Mr. Gustafson will ^ available for Council ’s questions at your March 14th meeting. The DNR seems to be less concerned with the detention pond in the southwest comer of fi-e Dickey property. Runoff currently ex'ts property at about 117 CFS and after development will exit at S4 CFS. Drainage will flow .long via an existing drainage path to the southwest and eventually to the 36" 75’ long culvert beneath Luce Line. No changes are proposed in th ” drainage. Request for Council Action continued page 6 of 10 March 11, 1994 Zoning File #1901 The DNR is concerned with the drainage coming from the northeast along Willow Drive and to an existing pond area adjacent to Luce Line. Drainage from the northeast will not drain to the pond but will drain through a culvert at extreme east. Developer shall increase storage capacity of detention ponds at the northeast comer of the Dickey property to minimize any impact on existing developed properties in Countryside neighborhood. Review Exhibit R. the DNR asks that a new culvert be installed under the horse trail in the area by the pond at the east end of the property. Review Exhibit N, the property is located within three major watersheds - Lake Classen, Maxwell Bay and French Creek. The majority of drainage from the property flows to French Creek. The majority of site drainage is routed through established drainage ways onto adjacent property. All land alteration will necessitate the installation of erosion control and shall remain installed and in place until ground cover is restoied. The City code requires a 26’ setback for all land alterations from a designated wetlands. There is an encroachment of the 26’ setback zone from the designated wetland within Lot 1, Block 1 at the southeast comer of the Coffin property where grading alterations are proposed at the edge of the wetland. Engineer notes that this would be a logical location for the pond which will function to protect the wetland from sediment deposition and would appear to satisfy some of the necessary findings for granting variances to encroachment of a wetland as follows: 1. Proposal appears to be consistent with the objectives encouraging land uses compatible with the preservation of natural land forms, vegetation and the marshes and wetlands. 2. The proposal does include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which would create downstream flooding or pollution. The issue for staff has been to provide adequate notice to a land owner who purchases a lot with undesignated wetland types as they will not be shown as drainage .casements on the plat surveys. We have recommended that a special covenant be created for the f.ling against the chain of title of each of these properties that will include mapping metes and bounds descriptions of ihe location of the various type wetlands with a disclaimer that before any land alterations or structures are proposed within these protected areas that the property owner first obtain necessary approvals from the Corps and the MCWD. Request for Coui^il Action continued page 7 of 10 March 11. 1994 Zoning File #1901 Parks/Trails/Park Dedication Please review Exhibit H, S and Y, there is still no conclusive evidence or support of documentation that would identify the designated park area as having historical sigmficance. Applicant has advised that through contacts with Mn/DOT that a consultant is working closely with the Indian Council to determine if the site has some significance that would require preservation but the process will take until at least May of 1994. The Planning Commission has taken the position that whether there is historical significance or not that they recommend that the park outlot be designated and that interior trails linking park outlot with DNR park and eventually to Luce Line be designated as public rather than private. Review the minutes of the January meeting of the Planning Commission, Exhibit X, the homeowners association of Countryside Manor also requested that the park outlot be designated no matter what the resolve of the historical significance may be. During the Park Commission’s conceptual review, additional park lands were not sought and they encouraged the installation of a private interior trail. The interior trail area devoted to pedestrian or vehicular access vvould have to be excluded from dry building areas of each lot. It is staffs understarxling that the developer will pose a question to the Council concerning credit for the cost of installing a bike trail against future park dedication fee. As of this writing, staff has received no written request of applicant. Septic Weckman notes all 25 lots have been found to have suitable area for primary and alternative drainfield sites suitable for 5 bedroom homes. Lots 2 and 7, Block 2 have been granted a variance for an 8% slope for the alternative sites. A condition of subdivision approval must include request that an old well pit for Lot 2, Block 2 be sealed off. In response to the Park Commission and Engineer’s request for the installation of the bike trail along Old Crystal Bay Road, Weckman said primary drainfield sites for Lots 2 and Block 1, be moved 5’ east in order to allow adequate separation from trail. Roads Countryside Drive shall be extended to Old Crystal Bay Road and dedicated as a public road. Applicant shall create a cul-de-sac road going west from Old Crystal Bay Road. Applicant to provide temporary road and utility easements over temporary cul-de-sac not included in 50’ road outlot. Countryside Drive West shall be maintained by private property owners. This action of the Planning Commission would be consistent with the request of the existing land owners Request for Council Action continued page 8 of 10 March 11. 1994 Zoning File #1901 to the east on Countryside Drive who also wish road to remain as is with cul-de-sac. Planning Commission conceptually approved the comprehensive road alignment of the 46 lot plat advising applicant that if cul-de-sac roads are proposed they would remain privately maintained to be consistent with the City’s policy. As for the Coffin property, two cul-de-sac roads arc shown at approximately 1.300’ in length serving 9 lots each. The Engineer appears to concur that the location of the numerous wetlands on the property pose a problem locating a logical connection for the looping of the streets. These roadways would not meet the standards for a public road. Review applicant’s addendum Exhibit B. he notes the following reasons why a loop road would have a major impact on this property: 1. Narrow corridor between west property line and location of designated wetland. 2. 3. 4. 5. Roads would be located to the rear of Cygnet Place lots that are already limited in depth. Location of existing drainage way that drains to the west to Cygnet property. Location of major areas of trees providing screening for existing development to west and natural amenities for future development of property. Road would also negate several test areas where property is severally limited by steep slopes and gentle sloped areas for installation of mounds. Planning Conunission Recommendation Planning Commission recommended unanimous approval of the proposed 25 lot, first phase subdivision application for Tandem properties involving the properties located at 2645/3025 Watertown road finding all standards of the RR-IB Zoning District and on-site septic codes have been met. Per Section 11.31, Subd. 5(C) of the subdivision regulations, the City has found that the proposed back lots, 6 and 7, have been approved finding their creation not to be a convenience to the developer but based on findings supporting environmental and aesthetic concerns for the development. Planning Commission also recommends the variance to the 26 ’ setback for proposed retention pond and additional grading for drainage improvements adjacent to designated wetland within Lot 1, Block 1, Coffin property. The approval of the preliminary subdivision is subject to the following conditions: 1. Dedication of plat road as public road within first phase of Dickey subdivision and a temporary cul-de-sac to be constructed for Countryside Drive from the west. Countryside Drive shall be shown as a through street on plat. Developer Request for Council Action continued page 9 of 10 March 11, 1994 2^ning File #1901 2. 3. 4. 5. 6. 7. 8. 9. 10. shall grant easements over temporary cul-de-sac areas not located within 50’ ro^d right-of-way. Countryside Drive shall continue to be maintained by benefitti i.*? private property owners until road is approved for public maintenance and constructed as a through way. Both cul-de-sac roads on Coffm property shall be private. City shall obtain underlying road and utility easements. Developer slnll develop private covenants for the maintenaiKe of private roads as well as fh« public road to be maintained by private property owners. Dedication of drainage and utility easements 5’ along all interior lot lines and a 10’ along the perimeter boundaries and adjacent road right-of-ways. Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural ground cover is restored. Prior to site grading improvements, all tested septic sites on the Coffin properl y must be fenced all and the following lots in the first phase development of tin; Dickey property must be fetKed off: Lots 1, 2, 3, 4, 5 and 6, Block 1 and Lots 3, 4, 5, 6 and 7, Block 2. Drainfields to be moved 5’ to east within Lots 1 and 3, Block 1 to allow for adequate separation from bike trail. Applicant to grant trail easement over Old Crystal Bay Road bike trail along western boundary of Dickey parcel. Well pit must be sealed within Lot 2, Block 2 of the Dickey property. All wetlands designated on City conservation maps shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property. Lots 1, 2, 7, 8 and 9 of the first phase division of the Coffin property have protected wetlands. Park outlot remain as park whether there is historical significance or not within the property and that internal trails linking park outlot to DNR parks and eventually to Luce Line be dedicated as public. Applicant’s surveyor must exclude interior trail areas from lot areas of each lot. Drainage easement shall be acquired over all retention ponding areas, ourli easements to be recorded in the chain of title. Developer shall create coven;»nfs Request for Council Action contim^d page 10 of 10 March 11, 1994 2^ning File #1901 to define future homeowners association’s responsibility for upkeep and maintenance of drainage facilities. 11. The preliminary plat shall be submitted to the City Assessor’s office to determine value of undeveloped land at the time of the preliminary plat. The park dedication fee shall be adjusted to account for 3 acre park outlot and interior bike trails if these trails are to be dedicated as public. 12. The Planning Commission approves the most revised grading and drainage plans submitted by Mark Gronberg of Coffin and Gronberg, Inc. dated December 1, 1993, most revised date March 3, 1994. 13. The following lots have been found to contain protected wetlands not designated on the City’s conservation area maps: Dickey parcel - Lot 2, Block 1, Lots 3, 4, 5 and 6, Block 2; Coffin property - Lots 1, 5, 6 and 10, Block _. The following lots shall have involvement with proposed mitigation areas: Dickey parcel - Lots 1, 3, 5 and 6. Block 2, Lots 1 through 6, Block 1; Coffin parcel - Lots 1, 2, 3, 5, 6, 7, 8 and 9, Block 1. Developer shall create covenants to be filed on the chain of title of each of these properties advising future owners of the limitations on the use of these specified areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some future date before obtaining necessary permits from the City. 14. The Planning Commission has based this approval on applicant’s engineer and the City Engineer’s reports and findings confirming that drainage from this residential development will not intensify drainage/flooding of downstream areas. COUNCIL ACTION REQUESTED: Approve per Planning Commission’s recommendation and to adopt approval resolution; or Approve as amended - resolution to be amended by staff. MAPORFO ? DICKEY SITE . L cmnuL COFFIN SITE i y • « t. PMfc T U/hmSf^ -Z3S=^ MTf* ***«• \ .NW lrt\‘»««^ IMli |<<« 1111*1 Hl\ " V ^ .. \^ \ C1 I /». / W: ...f ^ -V / * rr1^70L^ V?r 1 / f^ r>f>f-oI irt r^ i« ^ REQUEST FOR COUNCIL ACTION DATE: Ap APR m : iSKPfi ^ 1994 tin, ITEM NO Department Approval: Name Jeanne A. Mabustb Title Building A Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1907 James and Joann Jundt, 1400 Brackett ’s Point Road * Variance - Resolution Brief Review of Application For more background on this review, please refer to the minutes of the Planning Commission meeting and the original staff memo dated March 16, 1994. The current application involves a request for variances to allow the repair of two stone step accessways within the east shoreline of the property. There will be no expansion of hardcover. The steps will be placed within the exact location. There will be minimal land alterations needed to secure land based beneath the stone steps. The existing railings will be replaced. The code was once again discussed as far as how many accessways were allowed for a lakeshore lot. The code does not limit a single homestead site to one access stair. The property has over 1600 lineal feet of shoreline and the east shoreline has approximately 620 lineal feet. Major portions of that 620 feet have steep banks. Planning Commission members concurred that because of the length of the shoreline and the various activities along the shoreline that if accessways were not provided, it would encourage users to climb up and down h ank creating potential erosion problem. Members questioned applicants’ representative on the status of the boathouse that appeared to be in disrepair and noted that it would be their desire to see the boathouse removed. Members also noted the uniqueness of the grotto area. Planning Commission members wanted applicants to once again be advised of the special standards in the code established for non- conforming structures. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variance application as proposed allowing the repair of the two stone step accessways, subject to the fmdings and conditions of the approval resolution enclosed. COUNCIL ACTION REQUESTED: To adopt or amend approval resolution A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, Sl^DIVISION 1 (B) AND 2 FILE NO. 1907 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter "the applicants") are the owners of the property located at 1400 Brackett’s Point Road within the City of Orono and legally described as follows: refer to Exhibit A, attached hereto (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the repair of two stone access paths located within the east shoreline of the property where 21,312 s.f. or 16.35% hardcover improvements exist and where applicant proposes the repair of existing improvements totaling 525 s.f. in area where excesses exist and where none is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1907. 2. 3. The property is located in the LR-IA Lakeshore Residential Zoning District requiring two acres in area. The property consists of 13.8 acres. The Orono Planning Commission reviewed this application on March 21, 19^ and recommended approval of the variances as proposed based upon the following findings: A. Repairs involve 525 s.f. of existing hardcover improvements that will not be expanded or result in an increase of hardcover. The entire property has over 1600 lineal feet of shoreline. The east shoreline with 620 lineal feet has steep lakeshore banks requiring an access structure. Page 1 of 4 C. Major portions of the stone step structures cannot be seen from the lakeshore level and will be completely covered with full foliage. 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 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 Comprehens'^e Plan of the City. 5. The City Council has considered this application including the findings and reconunendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance or. the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the repair of two existing stone access paths located in the lakeshore protected area where excesses of hardcover exist and where no expansions are proposed, subject to the following conditions: 1. 2. 3. Applicants shall obtain a building permit for the renovation of stone step structures. Appropriate erosion control shall be maintained during the period of time groundcover remains in a disturbed state. The boathouse and grotto structure located within the 0-75 ’ setback area are considered non-conforming and subject to all pertinent sections of the code that govern non-conforming structures. Any structural repairs to these structures must be approved by the City. Page 2 of 4 4. Authorities granted by this resolution 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 (April 11, 1995). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constiujte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of April, 1994. ATIEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor James R. Jundt Property Owner (s) M. Joann Jundt STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrtiment was acknowledged before me on this 1 lih day of April, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ' ss. COUNTY OF HENNEPIN ) On this_____ day of___, 199 before me a Notary Public within and for said county, personally appeared______ ____________________^^--------------- known to me to be the person(s) described in Ciid who executed the foregoing instrument.and acknowledged that he (they) executed the ''line 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 betore 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 EXHIBIT A ^ rnaf ng;roTVTTQM r,? cin;VTY»l’i 1/jta & fcnd 6, R9%rr«-^'!«'tnt ot Orcr.o Poini; # fji IxiZ it Reftrrftcg«<ri^ ot Orono Pol-*t» theac« aouth^rly Alena SAld cARieriine a distAnce oi 5 tteacs ecuthw^eterly * ^AnaentUl curve to the rlaht with a *J' 2r4'5 jMlt It 44 <te«-«s 42 elnuttt to tho £eet to th« thor. o£ Uke Bliinetontt ««! tb^ro te._in«^. «>it- Jeot to Border Avenue ea opened by Docuaent no. 2092o t 169.3B l*et; thence eouthweeterly tenaent to eetd leat /lao that pert of veceted Center Avenue ea eeid Center A^nue wee Sihe pabUc m the plat of ? ^rr^eaent of Point, lylna eout.herly of the nrr?SJly ofline of U»t A. aeid Reerrenaeaent of Orono rolnt end nrrtMrl^o.^ A line drawn weeterly perpendicular to t^ 59 f^h*-o^h^rlv trSa^ frea A point on eAld vast line dletent 182.^9 ^et ..ortn.. iv the eouthueat comer of eald Lot 4; also that ^ - *bov<“ d^ half of vacated Center Avenue lylna aouther.y of eai - ' ' ecriW perpendicular line: end aleo that ^r-;\5^ij*„”e-erli exhalf of vacated Center Avenue lyir.a northerly %£ teneion of the r.ortherly line of .aid Lot 4 a line drawn eaeterly at riant anal*. <to the j*„*-*_ vacated Center Avenue from the point of de- erly line with a line drawn 10 feet easterly of tte followinj ^ acribed line: Comnenelna at ater Averue distant 588.9S faet northerly from the TOtt^eateriy comer of eald lot 5: thence southerly alona <ie- dlatance of 5 feet to the point of scribed; thence southwesterly alona * iS^aa'feet! andrlaht with a radius of 221^7 feet a distance of 169.38 feet, ana said line there endina. exhibit a - CONTINUED Alco Averue M lal- cut ftT.a dealca**ed over Thet, pert o. ReArran^ts^nt of Orono Point «d »C«M F^t of 9 « f „,d o,„„- A»,m» »r.!l » Vhleii U'O between the weste. W un ^ emUe to the line drewn l^roeotton c« aide Unea of f^nSTwtth Tlina deacrlbevi ao fol-Iha C.nierlina of aaAd Border Iowa: Betlnalnd •- * point ^ rorthweat comer of aatd enua dlatAnt 598.95 S wld Center Avemie r{MtI‘tbJL “»Stheriy end eouthweeterly »loi>« e teneenttel curve to the ruht with e redlui of ~l.n f«t • flf lAd 38 feet: thence eouthweatariy tangent to laa- eald Sijts^reftial curve to the rlgnt with a radlue of 44w.7d. feet a «a 1^9 25 feet; thence aouthweaterly tangent to laat f,,illume Jf lOftao feet: thence JfH 7j-mTTir» to the left with a radlua of 56 feet a dlata.xe of 19.7 feet; there# aouiherly tangent to laat aatd ?o**hS'le5t e.8 feet; thence aouiherly along a with a radtua of 169.7 feet a dlatanca of 53.9 arly tangent to laat daecribed curve a dlatance of 20.5 thence aouiherly on a tangential curve to the ‘ . - cf 70.1 feet to ita Interaection with the centerline of aald Bor- der Avenue, and eall line there ending. To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator Jeanne A. Mabusth, Building A Zoning Administrator March 16, 1994 #1907 James and Joann Jundt, 1400 Brackett’s Point Road - Variances - Public Hearing Pertinent Ordinances 1. Section 10.22, Subdivision 1 (B) - No structures allowed within 75 ’ of shoreline. 2. Section 10.22, Subdivision 2 • Review of hardcover. 0-75’ setback area = 130,380 s.f. Allowed hardcover = 0 Existing hardcover = 21,312 s.f. or 16.35% (approved with variance #1867-245.5 s.f., review Exhibits E and f) Proposed = 21,312 s.f. or 16.35% (adjusted for approved deck/stairs- 21,557.5 s.f. or 16.5%) 3.Section 10.56, Subdivision 16 (F) - Stairways, lifts and landings allowed within the lakeshore setback zone. Struemre not to exceed 4’ in width. Landings not to exceed 32 s.f. in area. Canopies or roof not allowed on access structures. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Hardcover inventory E - Site Plan Application #1867 F - Plans/Elevations #1867 G - Current Survey/Site Plan Description of Request Applicant proposes the renovation of the stone step accessways located on the east shoreline of the property. The existing stone steps shall be reinstalled within the lakeshore bank. The area of the access stair will not be increased. A new railing will be installed. Please review Exhibit E, note that there are two stone accessways to be repaired. The original one to the north has been removed. The new access staircase to proposed lakeside deck is not shown on this site plan. The issue, as "'ith the first review, was that the code is not clear as to how many access stairs are allowed on a lakeshore lot. The code does not specify each Zoning File #1907 March 16, 1994 Page 2 property is limited to one access structure. The stone step access stairs will meet the required standards of Section 10.56, Subd. 16 (F). There will be slight land alterations to secure land base beneath stone steps. As property has 16.5% hardcover within 0-75 ’ setback area and slight land alterations are involved in 0-75 ’ setback zone, staff determined there was a need tor the variaiKe review. Members who visit the site this weekend are asked to park out on Brackett ’s Point Road and walk through the grassed lawn area to the north or garage side of residence. A planked walkway will be provided over the disturbed muddy soil providing members with easy access to the lakeshorc bank. Suff found the majority of the stone step stiuctures to be visually inconspicuous from the lower lakeshore level even with winter groundcover and limited loliage. The east shoreline consists of 600 ’ + . The earlier variance review for access stairs to south had approved three access structures to lake. The most northern oim has been removed. Options of Action Approval. OR Approval as amended. Any condition of approval must include the following: Applicant must obtain a building permit for the renovation of the stone step structures. Appropriate erosion control should be mai.ntained during the period of timv groundcover remains in a disturbed state. Restoration of groundcover in the areas occupied by former stone step access structure. 1. 2. 3. Isv CITY OF ORONO - VARIANCE APPLICATION ftTT A' 77 i % VInitial Application Fee $200.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non-conforming structures $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1400 Bracketts Point Road# Orono< MN Property Identification Number (P.I.D.) 11 - r jTv nc rrn\jn willcykiAkJTC rtcerre i i k/w'V^VV W VrrvV' A 71tL. 15121 Cases' v£ rcTOT-i uAi'V vniI ^-9^490 COOi ROl TC ------------- 02/22. Attach legal description to application if not included on required survey. Date Property Acquired March 1992 (month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: X residential ___other (specify) Zoning District: _________________________________ APPLICANT Name ^raus-Anderson Construction Phone (horned 612-786-7711 (Of f ice) Phone(\WfK) 612-473-5732 (Site) OWNER (if different than applicant) Name James and Joann Jundt__________ Address: 2200 Huntington Point Rd.City: Phone(home) 612-471-0299 Phone (work)^________________ Way A______Zip: 55391 DESCRIPTION OF REQUEST Estimated Construction Cost $ 4>000.Q0 Describe request indeuil: Repair existing stone steps to lake. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: existing stone steps to the lake are dangerous/ damaged and broken and need to be repaired. (attach additional sheets if necessary) #1 /V )W' 0required submit TAJ S All of the follQwinir infoimation must be submitted by Uif application dat? In prd£E for vour appligation to b«» considered compleie; ~ of owners within 150’ (you must obtain this list from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). * Plat Map (obtained with property owners lisO ” Lnificate of Sunrey (signod by a licensed surveyor) and melude “cai-ulalions as required. In addition, provide one (1) copy 8W xll for * To^raphic survey (existing and proposed elevations) if any changes in existing grade ■“ are^propLed. In addition, provide one (1) copy 8'V x X Sketches or plans of floor & elevation views (provide one (1) copy i/i * 1' >■ ~r List of the lepl names (include marital status) of all persons with an mierest m the Drouerty This would include name(s) of applicani(s) if not current owner(s). AS Sdendum 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. ♦THESE ITEMS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY OF ORONO. The Applicant and Property Owner must sign this application. Please remember that your vi.rii.nre annlicntinn is not compleie If the above information has not been incluiIaL TOe^'toptonThereS'^a*^^ provide all information required or requested by the Zoning to pay additional fees (staff time no. covered by origmal fee payment) fnd“Itan. expenses incurred in review of ^ application and certifies that the information supplied is true Md corr^ to the best of his/her knowledge. Applicant’s Signature m^wwr^cre^y acl^ and agrees to this application and further authorizes entry onto the property by City staff, consultants, agents (Tommission members, an members for purposes of investigation and venrication of this request. 1. 2. 3. 4. 5. 6. 7. 8. 9. ■Date ^ IJ^l COwner’s Signature_______________________________ • m Lve an authorized agent attend in your place and to advise the Buddmg & Zonmg Office of this change prior to the meeting. 8 ^€Sm ftAT-5^ > L.. mJN DATC 0a/t4/9S HErtCPIN COUNTY ftOPIPTY INfOmiATION SYSTEM PirOPIRTY ONNERS LISTMTCN 004PROP ADOR ONNIR NAHi TAXPAYER NAHC/AOOR SO S2 OOOf01400 BRACKETTS POINT RO J R JUNDT I MARY J JUNDT JAMES R JUNDT OCM 1 CRYSTAL BAY HN SSS25 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR SB 11-117-E5 52 0017 OISOO BRACKETTS POINT RO GEORGE S PKtSBURY ET At GEORGE S PIUSBURY 4600 FIRST BAM( PLACE MPLS MN 55402 PROP ADOR OlOCR NAME TAXPAYER NAME/AODR SO 11-117-2S SS 0001 01420 BRACKETTS POINT RO J R JUNDT A M J JUNDT JAMES R JUNDT BOX 1 CRYSTAL BAY MN 55S2S PROP ADOR OHNER NAME TAXPAYER NAME/AODR SO 11-117*25 SS 0004 01500 BRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S A A LACHLAN REED 1500 BRACKETTS POINT RO HAYZATA m 55591 REPORT NO. PI4S5401 PAGE 12SO 11-117-25 S2 0010 01245 BRACKETTS POINT RO MICHAEL E LYNN III A HIFE MICHAEL A JORJA LYNN III 1245 BRACKETTS POINT HAYZATA MN 55591 50 11-117-25 52 001101420 BRACKETTS POINT RD J R JUNDT A M J JUNDT JAMES R JUNDT BOX 1CRYSTAL BAY MN 55525 SO 11-117-25 52 0010 01220 BRACKETTS POINT RO ELLA P CROSBY ELLA P CROSBY 1220 BRACKETTS POINT RO HAYZATA MN 55591 58 11-117-25 52 0019 01200 BRACKETTS POINT RO JQItl S PILLSBURY JR ET AL JOHN S PILLSBURY JR 4000 FIRST BANK PLACE MPLS m 55402 SO 11-117-25 55 0004 01450 BRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S A A LACHLAN REED 1500 BRACKETTS POINT RO HAYZATA m 55591 50 11-117-25 55 0005 01480 BRACKETTS POINT RO R A L HEADRICK ROGER L A LYNN C HEADRICK 1480 BRACKETTS POINT RO HAYZATA MN 55591 TOTAL BATCH 004 00010 I CERTIFY THAT T. ’ FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN C0U»4TY DEPARTMENT OF PROPERTY TAXATION» TO THE BEST OF MY KNOHLEOGE AND BELIEF. DATE 4/- -?HARDCOVER CALCULATION WORKSHEETJ J ^ i • / SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVTR IN ZONE A. House Boa_t____________ Leogih 75-250’25-500’500-1000’ 196 S.F. Wid* X X X B. Garage C. Driveway C Public) D. Sidewalk ____Stone steps E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X S.F. S.F. S.F. S.F. 20,591 S.F. S.F. 195 S.F. 280 S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 21,312 - B 130.384 x 100 PROPOSED HARDCOVER IN ZONE “ SAME AS ABOVE A. House _________ * ------------------—- 21,312 S.F. 130,384 S.F. 16.35 % Leogdi Wkiin B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other & X X X X X X X X X X X TOT \L HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A_____________ B -X 100 S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S F. S.F. % \) A B A B I I §in f" > •“ m zm•D oo 9 S! 9? Z z H O9 i O) o W 30 * H O ’ § H ^ 2 Q > S o 3j o znic/i O O 9 O Oo 9 O tnc 9V c» <5 O 2 > > 9z s § zs m ► ^ ^ s zSo H i# tb /^* c- ^ / MEEHIVG REQUEST FOR COUNCIL ACTION /, p p 1 1994 DATEtmwmm ITEM NO.: I Department Approval: Name Jeanne A. Mabusth Title Building St Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1908 David R. Carlson, 620 Big Island - Conditional Use Permit/Variance - Resolution Brief Review of Application The applicant proposes construction of a 12' x 18 ’ shed to be of the same design as the existing cabin and would be installed on hand-poured footings allowing for the free-flow of drainage beneath structure similar to the foundation design of the cabin. The property is a peninsula. The majority of the building envelope is located within the flood plain or flood fringe of Lake Minnetonka, llie entire building envelope is located in the front of the average lakeshore setback line created by the peninsula. The seasonal cabin was local .. 90 ’ in front of the average lakeshore setback line. TTie shed will be 20 ’. If the structure was moved more to the north it would encroach within the protected drainfield easement area and would not be able to meet the required 30 ’ interior lot line setback. The higher elevations to the north minimize any visual impact of the strucnire upon the adjacent owners. The Watershed District has conceptually approved the proposed structure. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as proposed fmding the property had obvious and unique hardships. The enclosed approval resolution has been drafted per the Planning Commission recommendation. COUNCIL ACTION REQUESTED To adopt or amend the enclosed approval resolution. J A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 1 (B) and a conditional use permit PER SECTION 10.55, SUBDIVISION 10 FILE NO. 1908 WHEREAS, David R. Carlson (hereinafter the "applicant") is the owner of the property located at 620 Big Island within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Island Pointe, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of an accessory storage shed at 12’ x 18’ that will be l^ated 20’ in front of the average lakeshore setback line where Section 10.22, Subdivision 1 (B) would al ow no such encroachment. The said shed shall be located within the flood fringe or flo^ plain of L^e Minnetonka and per Section 10.55. Subdivision 8 no structures would be allowed within the flood fringe/flood plain. The applicant has applied for a conditional use permit per Secuon 10.55, Subdivision 10 to allow the installation of a storage structure within the flood plam where only specific approved structures are allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS 1. 2. This application was reviewed as Zoning File #1908. The property is located in the RS Seasonal Recreational Zoning District requiring five acres in area. Per Section 10.31, Subdivision 2 (A) the property wm approved for lot area variances per Resolution No. 1998 at the time of the creation of the RS District. Page 1 of 5 3. 4. 5. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the proposed variances as set forth above and per Section 10.55, Subdivision 10 approved a conditional use permit for the construction of an accessory storage shed within the flood fringe of Lake Minnetonka based on the following unique findings and hardships: a. b. The property is located on a peninsula. The majority of the buildable envelope is located within the flood fringe/flood plain of Lake Minnetonka. c. The strucmre will meet the required 75 ’ from the lakeshore on all three sides. d. The original storage shed was removed as a result of the recent construction for seasonal cabin. The proposed hardcover for ihe improvement of the property results in 2,142 s.f. or 18% where 25% is allowed in the 75-250 ’ setback area. e. The Minnehaha Creek Watershed District will not require compensatory excavations for the frost depth footings as tong as the structure is so designed to allow water to flow freely beneath it. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow the construction of a storage structure on the property to be located within the flood fringe of Lake Minnetonka will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard Page 2 of 5 or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono Cuy Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.55, Subdivision 8 and a conditional use permit per Section 10.55, Subdivision 10 to the allow construction of an accessory st( rage structure within the flood plain of Lake Minnetonka to be located 20’ in front of the average lakeshore setback line, subject to the following conditions: 1. 2. 3. 5. 6. The accessory structure shall be placed on hand-poured footings and shall be so constructed to allow drainage to flow freely beneath structure. Upon application for a building permit, applicant must provide a copy of an approval permit from the Minnehaha Creek Watershed District. Applicant shall provide the necessary erosion control during the construction of this structure. 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 building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (^ril 11, 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. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 11th day of April, 1994 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor David R. Carlson Property Owner(s) Jan W. Carlson STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing insmiment was acknowledged before me on this 11th day of April, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) 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 ackrK)wledged that be (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 L.. TO:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator t FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE:March 16, 1994 SUBJECT: #1908 David R. Carlson, 620 Big Island - Conditional Use PermitA^ariance - Public Hearing Pertiaent Ordinances Section 10.31, Subd. 8 - Required setbacks for accessory structure A.Lakeshore setback Required = 75’ Proposed = 95’ B.Minimum from side or rear internal lot lines Required = 30’ Proposed = 37 ’ and 32 ’ C.Shed shall be 30’ + from septic tanks and 10’ from septic system easement Required setback from tank to shed is 10’ Section 10.22, Subd. 2 - Hardcover within 75-250’ setback area 75-250’ setback area = 11,880 s.f. Allowed = 2,970 s.f. or 25% Existing = 1,926 s.f. or 16.2% Proposed = 2,142 s.f. or 18% Section 10.55, Subd. 4(B) - Flood fringe district shall be located within the flood fringe area located between the shoreline of Lake Minnetonka at the 929.4 elevation and Lhe 931.5,100 year flood elevation. Section 10.55, Subd. 8 - No filling, grading, temporary or permanent structures will be allowed within the floodplain. Section 10.55, Subd. 10 - Permitted and conditional use permit - Section lists structures allowed within flood fringe areas via conditional use permit. Accessory structures such as open decks and patios or other accessory uses not specifically listed when approved by the Council. No use shall be approved which shall restrict or obstruct any flood flow or which will raise the level of any flood flow. Zoning File #1908 March 16, 1994 Page 2 Section 10.22, Subd. 1(B) - Average lakeshore setback variance. Allowed = 0 Existing = 90’ Proposed = 20’ List of Exhibits A - Application B - Property Owners List C - Plat Map D - Hardcover Inventory E - Rear and Side Elevations F - Front Elevations/Floor Plan G - Site Plan/Preliminary Subdivision Locating Drainfield Area H - Survey of Property I - Resolution #3264 Description of Request Applicant proposes installation of a 12’xl8 ’ storage shed to be placed on a cement slab. Structure will be comp- ^elv located within flood fringe district requiring variance and conditional use permit. Principal structure was approved at a 90’ encroachment of an average lakeshore setback. The proposed accessory structure will be located 20’ in front of the average lakeshore setback. The same hardships noted for the approval of the seasonal cabin can be made for the proposed storage, review Exhibit I. The higher elevations to the north minimize any visuil impact by the approximate 12’ high structure. The applicant has commenced the filing of the permit review process with the Watershed District. In an earlier conversation with Ellen Sones of the Watershed District, she advised that as the structure is an accessory structure and if it is placed at grade on a cement slab with no further encroachment of the flood fringe elevations, the strucmre would be approved as proposed. Review Exhibit G, preliminary site plan of the earlier subdivision review locating septic system. Note shed would be located approximately 40’ from septic tanks. The code would require a 20’ setback. The structure meets all other setback standards except for the average lakeshore setback. Zoning File 4^1908 March 16, 1994 Page 3 Issues for Consideration 1. 2. Can structure be located on lot out of the flood fringe and still meet required setback. If structure was moved further north, it would encroach upon the required rear yard setback or rear/side setback of 30’ and would probably encroach into the septic system easement. If structure is not placed below existing elevations of 930.9 or 931, would Planning Commission have any objection to the proposed structure being placed within the flood fringe district? — Does the Watershed District’s recommendatior. have any bearing on your decision? Would you require structure to be placed on pilings similar to seasonal cabin to allow for the flow of water beneath structure? Options of Action Approval as proposed or amended; Any condition of approval must include specific guidelines for placement of foundation either as slab so as not to encroach any further into flood fringe or to require pilings requiring structure to be placed above 931.5 elevation. Planning Commission members may wish to review the necessary findings for granting variances to this section (10.55, Subd. 25(A 1-7). 11 t- f. •^ Ut» ft CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address Type of Application to be Filed c . u P f 1/a t Property Identification Number (P.I.D.)_________ APPLICANT Name Ocu,* rtl (I - /f^-rlSo /? Address OWNER (if different than applicant) Name ________ Phone (home) 5" V/* ______ Phone (work) "^ / '2- 6 City _________Zip Phone (home) Pione (work) Address City Zip Date Propejj^cquired _____________ 1 (do) ^^^^also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMR S - >v$ 50.00 For each variance request with CUP application 5^$125.00 Residential Accessory Use _____$200.00 Institutional (church, school, etc.) _____$175.00 Guest House/Guest Apartments _____$150.00 Duplex Credit/Bldg _____$250.00 Commercial/Industrial Use $200.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75 ’ of lakeshore _____PRD/PID - see Fee Schedule _____$1(X).00 Renewal Fee (no change from original application) _____After-thc-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$200.00 Commercial Site Plan Review (+ consultant fees) _____$250.00 Vacation _____$175.00 Easement Vacation _____$ 75.00 Easement Vacation With Subdivision _____$300.00 Rezoning (PUD - refer to fee schedule) _____$3(X).00 Comprehensive Plan Amendment _____$100.00 Appeals _____Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District_____________ Present Use of Property Residential Other (specify). (month/year) tm OF FIMA^CE OFFICE ^ i 7iT(> -?/ W VVW £iJh/va.vww tt ‘C0Fm! fl2:4i 02/22/9. \ REQUIRED SUBMITTALS ___Complcfed Application Form. Describe request in detail. ... v • u- i- ♦Certified Property Owners List of owners within 350 (you can obtain this list from Hennepin County Department of Finance, A-603, Government Center, 348-3271). ----- CenmcTte of Survey (signed by a licensed surveyor) - refer to handout for survey information. .... . j Attach legal description to application if not included on required survey. -----Topographic survey (existing and proposed contours) if land alterations mvolve changes in elevation (grades). . List of the legal names (include marital satus) of all persons with an mterest m the ----- property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). ----- As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMEN^ SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials ofClerical Staff:________________________----------------------------------------- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. APPLICANT’S SIGNATURE ^ ^ ^ The applicant hereby agrees to provide all information required or requested by the Zoi^g Administrator, agrees to pay additional fees (staff time not covered and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant ’s signature Date 2az-9y OWNER’S SIGNATURE . ., The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and councu members for purposes of investigation and verification of this request. Owner ’s signamre Date of this change prior to the meeting. ww MTE 10/20/72PRCP ADDR 9 ten HM1C TAXPAYER tIAtC/AOOR JO 22-n7r25 2A 0001 00720 SIC ISLAND TRISTIM 0 ERICKSON ET AL TRISTIN O ERICKSON 2AS0 flARSIILANO ROAD MAVZATA rtl 55S71 lIEttlEPlN COIRITY PROPERTY IMFOlUtATION SYSTEM PROPERTY OltlERS LISTJO 22-I17-2J 2A 0007 00*80 DIG ISIAIO)H BRYSON A T DRYSOH HIUIAM A TIIELHA BRYSON 3015 KIHDERLEV LA PLYIKXITH Ml S5777 REPORT HO. PI7S5401 PACE 1*JO 22-117-23 27 0005 00*70 BIG ISLAND H E BRYSON A T L BRYSON HILLIAM a THELMA BRYSON 3015 Kilt. LY LA PLYI10UTH r.l 55477 .. ■*I • PROP ADOR aiJER NAME TAXPAYER riAtC/AOOR JO 22-117-25 27 000* 00050 ADDRESS UNASSIGNEO SHERYL RAMSTAO IIVASS SHERYL RAMSTAO HVASS 12120 GOLDEN ACRE DR ttlNNETOTKA Itl 55373 38 22-117-25 51 0002 005*0 BIG ISLAND DON HENDERSON ET AL DON HENDERSON 50)8 NORMAHOALE CT WLS Ml 5573* 58 22-117-25 51 OOOf 00*50 BIG ISLAND DOUGLAS E PERSON ET AL H/L C JEFFREY A PERSON 17375 7T1I AVE N PLYMOUTH MN 55777 PROP ADOR Oit^ER NAME TAXPAYER ■ NAME/ADOR JO 22-117-25 51 0010 00*50 BIG ISLAND DOUGLAS E PERSON ET AL H/L E JEFFREY A PERSON 17375 7TII AVE N PLYMOUTH Itl 55777 38 22-117-23 31 0011 00*30 BIG ISLAND DOUGLAS E PERSON ET AL M/L E JEFFREY A PERSON 17375 nil AVE N PLYMOUTH Ml 55777 38 22-117-25 31 0012 00*10 BIG ISLAin CHARLES LEROY PEGELON CHARLES L PEGELON 12215-75TH AVE NO MPLS Ml 55772 PROP ADOR OtIER NAME TAXPAYER NAIC/AOOR 58 22-117-25 31 0315 00*10 . BIG ISLAND CHARLES LEROY PEGELON CHARLES L PEGELON 12215 75TH AVE N MPLS MN 55772 58 22-117-25 31 0017 00*10 DIG ISLAND 'CHARLES L PEGELON CHARLES L PEGELON, 12215 75TH AVE N PLYMOUTH MN 55772 58 22-117-25 51 0015 00*10 BIG ISLAND CHARLES L PEGELON CHARLES L PEGELON 12215 75TH AVE N PLYMOUTH Ml 55772 .1 • • t % PROP ADOR OMIER NAME TAXPAYER NAIC/AOOR JO 22-117-23 31 001* 00*00 BIG ISLAND GAD ADAMS GEORGE I DOLMA ADAMS 10512 TOLEDO AVE BLOOMINGTON LM 55757 58 22-117-23 31 0020 00590 DIG ISLAND J 0 FIEGER A J M FIEGER JAMES FIEGER ' '>111 HOLIDAY RD MIMIETOLACA mi 55375 38 22-117-23 51 0025 00620 BIG ISLAND PAULINE VANOERIIOOF DAVID R A JAN N CARLSON 2270 DHIGHT LA.■ ItlltlETWKA MN 55375 PROP ADOR OMCR NAIC TAXPAYER . NAIC/AOOR 58 22-117-23 31 002* 00**0 BIG ISLAND ELIZABETH FOSTER SALISBURY BETTY F PRINCE C/0 CHEN S MYERS 9705 DRIARNOOO CIR ' SIM CITY AZ B5351 * I I ’ I * 38 22-117-23 31 0027 00*50 BIG ISLAND JAMES A R JOHNSON JAMES A R JOIttlSON 2880 DENTON BLVO MPLS Ml 5571* • * • . • . 38 22-117-23 51 0028 00650 BIG ISLAND JAMES A R JOHNSON JAMES A R JOHNSON P 0 qox 152*5 MPLS Itl 55715 ' ' . • \ . ■ W RUN DATE 10/20/92OATCH OOS IIEMIEPIN COUNTY PROPERTY TMEonnATlON SYSTEM PROPERTY OltCRS LIST REPORT NO. PI4S5401 PAGE I?PROP AOOR OltCR NAIC TAXPAYER IIAEC/ADOR 50 22-117-25 51 002900570 DIG island JOOIE R VARGAS ET AL JODIE ROOD VARGAS 959 19TH AVE N GOODING ID 05550 58 22-117-25 51 005000990 DIG ISLAND CLINTON KIAJOSON CLINTON KIAJOSON 1825 PRAIKLIN AVE S E MPLS ItJ 55919 58 22-117-25 51 005100500 DIG ISLAND J 0 A J N FIEGER JANES 0 FIEGER 5111 HOLIDAY RO nUtJETOJACA ttt SS595 PROP AOOR 0I9CR NAIC TAXPAYER . HAI1E/A00R TOTAL DATCH OOS 00021 I certify that the facts represented are an accurate ano true REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS * OF THE IIEItlEPlN COUNTY DEPARTNfNT/OF PROPER^ pt^ATION* TO^TRE REST OF HY KNOHLEOGE ANO RELIEF. DAT % * . » Q,) ' // ^ ^ ICO TO ailAGE I2/1V24 •r * ) lOf « /reir£t *5 op eOrEOISMHT LOTS B A iH^erm 2? IIP UP BAHOl I0€R HR£E(3 OF eiG ISLAND L«E MINNETONKA (VACAIEO 49 MISC 393) 2^•LS'Suroivis HARDCOVER CALCULATION WORKSHEET / / f\cK ZONE: (circle one ) 0-75' C75~lSQy 250-500' 500-1000.1) /.STING Hardcover in Zone V /' A. H ouse • X • S.F. • • // . •• . // / /. / LENGTH •• width /' i.*rv;5 i*/ ‘ / X SCc m fb4-4.‘S.F. / /\-2. X 7,<^«S.F.• • • ■ X (2.ys • S.F. /• « • • X m S.F, B.Garage X • S.F. C.D riveway • X S.F, X a • • S.F. D.. • • Sidewalk - X a .. S.F. Sct2ecK»co V2. X I C t' pN S.F. .\ ‘2- X 3L B 4-52.S.F. F.b ’at 10/ D eck IZ X <=\.*=b **S.F.• •• XNDSCAPE X •S.F. areas UNDERLAIN BY , __ . X S.F. PLASTIC SHEETING X _ •• • S.F. • • X •• • S.F.• G. Other X • S.F. Total Hardcover in Zone Total Property Area in Zone I^2- (o S.F. usfto s.F. [i] liiJgSE- -r B iie>so X 100 I (..‘2.1 0> Vo • f *?cep. C •= *2.1 S'" ^lc>0 E.L0V/q-(<jM .7 '• • . 'Cx.■ ' .C r».' ■•,‘i 'i'' ''l: 5 Vi‘ :•t t #•*•5 ^ "* 9"^ •^ • rpoKT E-uevwi<?N { H \ % T ■ 1 (•M;-/V o K> o> JV OH t COca K>ov C4 0» u> VO rLAN lA}*-!'-©'C/1 CO ^ . o ) . T- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO 3 2 84 _____ A RESOLUTION GRANTING VARIANCES TO files #1781/1782 WHEREAS, David R. Carlson (hereinafter "the applicant") is owner of the property located at 620 Big Island within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Island Pointc, Hennepin County, Minnesota (hereinafter the property ), and WHEREAS, the applicant has made application to the City of Orono to permit the consinicaoo of a seasonal dwelling that wUl be located 90 ’ in front of the average laieshore setback line where Section 10.22. Subd. 1(B) would allow no encroachment seasomi dweding wUl be placed within the flood plain of Lake Minnetonka: per S«tion 10.55. Subd. 8 would aUow no construction within the flood plain and the foundation of the s^onal dwellmg ^ consist of merely frost-depth footings; per Section 10.31. Subd. 11(a) would reqi^ >, frost-depth foundation of either solid masonry or treated wood that would enclose en^ perimeter of struemre. Applicant has applied for a conditional use ^nmt Per ^ Subd. 10 to install a seasonal dwelling within the flood plain where only approved sttuemtes are allowed. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed under Zoning Files #1781/1782. The property is located in the RS. Seasonal Recreational District requiring 5 acrw in area. Per Section 10.31, Subd. 2(A) the property was approved for lot ^ea variances per Resolution #1998 at the time of the creation of the RS District. Page l of 6 hmim fttti CITY of ORONO resolution of the city council no . ______ 3. 4. B. c. D. based on the following findings: A The oroDcrtv is located on a peninsula. The former seasonal dwelling on S proi^ny 10““^ 40’ of the lake and a 100’ + m front of the average lakeshore setback. The seasonal dwelling wiU be located 75 ’ from the lakeshore and wUl meet the 30’ interior lot line setback. The property wiU be served by an approved on-site septic system to be locatL Sove the 931.5 or flood plain elevation of Lake Minnetonka. Proposed hardcover for comprehensive result in 16.21* hardcover where 25* is allowed m the 75-250 setback area. E The Minnehaha Creek Watershed District will not require compensatory ^vaZs for the frost depth footings as long as the structure ts so designed to allow water to (low freely beneath it. The City Cotmcil finds that the conditions existing on tins prope^ that to it a^ do not apply generally to other property m this zomng granting the variance would not adversely affect traffic condiuons Itght. air nor Le a fire hazard or other danger to neighbormg property; would not m^ly Zie as a convenience to the applicant, but is necessary to * demonstrable hardship or difficulty; is necessary to preserve a ^ of the applicant; and would be in keeping with the spint and mtent of the Zoning Code and Comprehensive Plan of the City. 5. The City CouncU finds that granting a conditional «se permit ^ V?® construction of a seasonal dwelling on Big Island within the o P Minnetonka will not be detrimental to the health, safety or genera Page 2 of 6 CITY of ORONO resolution of the city council No.EJLlii_____ 1. nubUc would not adversely affect Ught. air no pose a fire hazard or other danger f nrooerties nor will it depreciate surrounding property values and L of U.C prU ^ and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS grants Subd. 10 grants a conditional use permit to 11(A); and 10.55. Subd _ 8 b ^ Minnetonka to be conditions: The seasonai cabin shall be limited to 2-bedrooms as septic system seeing duelling wtil be shated with adjacent propetry. Lot 2, Istod •’““’“v ^tic^ystem has been designed at a 4-bedroom use. Both properties shaU be limited to 2-bedroom seasonal dwellings. Upon application for a buUding petmit, applicant must provide the foUowing: Foundation design by either a certified architect or engineer. b. Permit from the Minnehaha Creek Watershed District. c. Topographic detaU confirming elevation of first habital floor at a miniTTumi 932.5 elevation. d. Drainage plan to include erosion controls. Such measures must be in place during the construction. All building construction shall be subject to all pertinent standards set forth in Section 10.31, Subd. 11 of the RS District. Authorities granted by this resolution mn with the property not with the own Page 3 of 6 2. a 3. 4. A CITY of ORONO resolution of the city council no._2_2_Bj^j______ 5. 6. h,,t are nermissivc onlv and must be exercised by application for a buUding «nnit vJTaun one yea/of the date of CounoU approval, or this variance will expire on that date (April 12, 1994). Violation of or non-compliance with any of the terms and coitions of to raioluuon shaU consumte a violation of the zoning cto shall automaticaUy "....in,,, any authority granted herein, and shall be pumshable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resold and on behalf of himself, his heirs, succors and assi^. hereby agrees to the recording of to resolution m the cham of utle of the property. Adopted by the Orono City Council on this 12th day of April, 1993. AlfriST: 'Dorothy ^^Im, City Cleric Edward J. Callahan, Jr., Mayor;^ / Property Owner(s) Page 4 of 6 REQUEST FOR COUNCIL ACTION CITY J9$4 DATE: 4/5/94 ITEM NO.: ^ Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1910 Orono School District #278, 795 Old Crystal Bay Road - Conditional Use Permit - Resolution Brief Review of Application The current Orono School application involves a conditional use permit requesting a 26 ’x96 ’ storage structure at 2,064 s.f. located to the northwest of the property. Although survey. Exhibit I, shows a 15 ’ setback, the structure will be located 50’ from the lot lines as required by code. The application also involves the request for a bleacher and attached storage structure to the east of the existing tennis courts that will be located 485’ from the east lot line. Total area of the bleacher/storage structure is 642.5 s.f. None of the structures will exceed the allowed 3,000 s.f. for an oversized accessory structure for a property in excess of 9 acres. The Plarming Commission questioned whether the strucnire could be located more to the interior closer to an existing smaller storage structure. Neal Lawson representing the School District advised that the structure was located right at the edge of the playing fields and that strucnire would provide storage for all the field activities and was placed in a strategic and functional location. Both structures will be located 1,000 ’ + from the shoreline of the Natural Environment Lake, Lake Claussen. The Planning Commission unanimously approved the conditional use permit for Orono School District #278, subject to the condition that the accessory storage shed meet the required 50’ from the north lot line and that lighting proposed on the east side of the building be appropriately shielded from surrounding residential properties and that appropriate erosion control be maintained while ground cover remains in a dismrbed state. The enclosed approval resolution has been drafted for Council’s formal action. COUNCIL ACTION REQUES'TED: To approve or amend the enclosed approval resolution, A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 nLE #1910 WHEREAS, Orono School District No. 278, (hereinafter "the applicant") owns the property located at 795 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as: Part of the North 1/2 of the Northwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use pennit to permit construction of a 26’x%’ storage structure and a bleacher/storage structure totaling approximately 642.5 s.f. per Municipal Zoning Code Section 10.28, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Mini^sota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1910. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres in area. The property consists of 130 acres. On March 21, 1994, the Orono Planning Commission reviewed the application as amended and recommended approval based on the following findings: A) All standards of Section 10.28, Subdision 3 have been satisfied with this application. B) The 15 1 high storage struemre will have minimal impact on the adjacent usidential properties. Page 1 of 4 C) Both accessory structures will be located 1,000’ from shoreline of Lake Claussen. 4. The City Council finds that granting a conditional use permit to allow the constniction of two accessory structures on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the af^licant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 to permit construction of a storage structure to the northwest of the property and a bleacher/storage structure at the east side of the property, subject to the following conditions: 1. All proposed accessory structures shall meet the required 50’ setback from all lot lines and that exterior lighting shall be shielded away from residential lot lines. 2. Appropriate erosion control shall be maintained while ground cover remains in a disturbed state. 3.Authorities granted by this permit run with the property not with the applicant but are permissive only and must be exercised by application for a building j^mut within one year of the date of Council approval or this conditional use permit will expire on that date (April 11, 1995). Page 2 of 4 Violation of or non-compliaiKC with any of the terms and conditions of this resolution shall constitute a violation of the 2U)ning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned authorized agent of the Orono School District has read, understood and hereby agrees to the terms of this resolution and on behalf the School District, its 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 April, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Orono School District Representative, Neal J. Lawson STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of April, 1994, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 i STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed tl» same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Mooree, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 17, 1994 #1910 Orono School District #278, 795 Old Crystal Bay Road - Conditional Use Permit/Variance - Public Hearing Pertinent Ordinances 1. Section 10.28, Subdivision 3 - Conditional use pennit for school year. Required setbacks A. Storage Shed Required = 50’ Proposed = 15’ Variance = 35’ or 70% B Bleacher/Storage Unit Required = 50’ Proposed 485’ 2.Section 10.03, Subdivision 9 (C) (2) - Allowed maximum individual accessory structure for property in excess of 9 acres. Allowed = 3,000’ s.f. Proposed storage stnicnire = 2,064 s.f. Proposed bleacher'storage struemre = 372.5 s.f. Storage structure attached to bleacher area = 270 s.f. bleacher area List of Exhibits A - Application B - Property Owners List C - Plat Map D - Survey E - Elevation, Floor Plan, Site Plan F - Artist’s Rendering of Bleachers G - Storage Structure Floor Plans H - Survey, 3065 Jamestown Road 1 - NorthilBI^Section of Survey-to scale J - Elevation Storage Structure K - Wetland Map Zoning FUc #1910 March 17, 1994 Page 2 of 3 D^riptioQ of Request The application involves a request by the Orono School District to install a storage structure in the northeast comer of the property at 2.064 s.f. in area. The structure is proposed 15 ’ from the north lot line. The code requires a 50 ’ setback for all strictures on school property. A combination bleacher^storage structure is located along the east side of the property to the immediate west of the elementary and high school struemres and will be located 485 ’ from the nearest lot line. The storage strucnire will be approximately 372.5 s.f. and the bleacher area 270 s.f. The subject property consists of 100+ acres. The oversized storage shed at 2,064 s.f. (allowed 3,OCX) s.f.) meets the standards of the oversized accessory structure ordin^e. Review Exhibit J The storage struemre is shown at 15 ’ 6" total height. The structure will be used for the storage of various field/sport activities. Review Exhibit G, note flood lights are shown along the front side of the structure. We should receive confirmation as to how stmcnire is to be placed on site (what side is front, or east elevation). The flood lights must be shielded downward so as not to extend illumination beyond lot line of school into adjacent residratial neighborhood. Review Exhibit H, note existing residence struemre is approximately 200 + from the shared lot line. Members may inspect the property from Jamestown Road. Note the line of trees along the northern boundary of the storage stmemre. It is not clear from a road inspection whether the trees are located on the school property or the residential parcel. This line of plantings will provide screening from the 15 ’+ oversized accessory struemre. The plan information notes struemre will have wc'xl trim, steel siding and asphalt roof shingles. The tennis/storage struemre will be 13’ high at railing height. The storage struemre will be constructed of concrete walls with wood roof. Exterior walls shall be designed as retainmg walls Allan Block retaining walls will extend along the sides of the bleacher. It is not clear as to what materials will be used in the constiuction of the bleachers. Applicant will provide this information at your meeting. Note the struemre is adjacent to a Natural Environment lake along the west side of the property. All struemres easily meet the 150 ’ setback from the shoreline of the lake. The property consists of over 100+ acres in area. The original application information did not include a hardcover inventory. Applicant has been asked to provide this information to complete the application requirements for both zoning and building permits. Zoning File #1910 March 17, 1994 Page 3 of 3 Issues for Considerai 1. 2. 3. It is not clear whether applicant realizes that a 50’ setback would be required for all structures as variance was not sought in the original application. Staff would recommend against granting any setback variances for the oversized structure. Should additional plantings be provided to screen oversized structure? Review Exhibit E. Drainage will be directed to the catch basin to the immediate southwest of the bleacher structure. Does this catch basin tie into underground drainage system? Where does drainage eventually flow? Can the oversized accessory structure be located more to the interior of the 100+ acre parcel? If proposed structures meet all standards of the conditional use permit, what conditions should be included with the conditional use permit? Suff would recommend the following: a. Lighting proposed for the oversized accessory structure must be shielded and directed downward. b. Oversized accessory structure must meet 50’ setback from northern lot line. c.Erosion control shall be installed throughout construction of oversized accessory structure because of wetlands and Lake Classen to immediate west of structure. f.' • ►> - i CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ______795 Old Crystal Bav Road North Type of Application to be Filed \ Property Identification Number (P.I.D.) 28-118-23-34--00001 Ptxxie (hcxne)APPLICANT Name Orono School District #278 Phone (work) 612, 449-8300 Address 685 old Crystal Bav Rd N City Long Lake----------2‘P—5 5356 OWNER (if different than applicant) Name..................................................... Phone (home) Phone (work) Address City Zip 1965Date Property Acquired I (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential Accessory Use X $200.00 Institutional (church, school, etc.) _____$175.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.(X) Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 ’ of lakeshore PRD/PID - see Fee Schedule $100.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$200.00 Commercial Site Plan Review (+ consultant fees) _____$250.00 Vacation _____$175.00 Easement Vacation $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD - refer to fee schedule) ~ $300.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule • •• • PRESENT USE OF PROPERTY Present Zoning District RR-lB______ (month/year) CITY OF uRO'tiO finai ^ce office CHECK 20Q.00 RECEIPT-rHAKK YOU mS040 cool ROl 713:3 02/25/9- Present Use of Property school Residential Other (specify) REQUIRED SUBMITTALS ___Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350’ (you can obtain this list from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Plat Map. Certificate of Survey (signed by a licensed suneyor) - refer to handout for survey information. Attach legal description to application if not included on required surv'ey. Topographic survey (existing and proposed contours) if land alterations involve ch^ges in elevation (grades). List of the legal names (include marital saws) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. J YOU ARE REQUIRED TO SUPPLY 30 COPIES C7 LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_________________________Date----------------------------------- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, an<I certifies that the information Svpplied is true and correct to the best of his/her knowledge. OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planni^ Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please ’"aVo arrangements to have an authorized agent anend in your place and advise the Building & Zoning Office of this change prior to the meeting. Description of Request: JLL V n J-L i* • I A t fv/V* ^ The request is for two storage buildings. One building will be located at the east end of the High School tennis courts and will be used for storage of tennis equipment. The roof of unit will be flat and used by spectators for viewing tennis matches. The second building will be located near the east end of the School District property and used for athletic equipment storage. The unit will be divided into 5 units for separate storage of the athletic equipment. I RUN OATI 02/RA/M ‘.^ •ATOI 001 '• ^T:'.' RROP Am OMCR NAHC ;;taxpaycr . NAHi/Am •s _,v-; V * l'*•■ *•.- /.*#«. ■, AOOR ''^’ONCR NM« rf: TWAVfO - NMC/AOQR •. .■■•■• (. • 1 ., 'v FMP AOOR OWCR NAME « -TAXPAYER •;!:irt*NAME/A00R •. V-* . .•» V,* ^ ; -'RROR ADOR NAHC i r TAXPAYER V' i V NAHE/AOOR >A* SS M-llt-ES 51 OOOE 00058 ADDRESS UNASSIONED SCHOOL DIST NO E78 SCHOOL DXST NO E78 MS OLD CRYSTAL MY RO N LONO LAKE m 55554 58 E8-118-E5 51 0004 OEMS SIXTH AVE N R A K ZEES ROOER N ZEEB 2005 4TH AVE N LONO LAKE MN 55554 58 28-118-25 52 0008 05045 SIXTH AVE N J i 8 RYDER JOHN D A MR8ARA Y RYDER 5045 4TH AVE N LONO LAKE 104 55554 58 28-118-25 55 0005 00058 ADDRESS UNASSIONED ORONO INDEP SCH DIST 8278 ORONO INDEP SCH DIST 8278 MS OLD CRYSTAL BAY RD N LONO LAKE m 55554 •-.* • ; « ’.v-f* ’ : • ;/ PROP AOOR OMCll NAME ••'TAXPAYER NAME/AOOR • ,.y'* ' :• • ' * •.. .- .;rPROP Am/^v- ^ < OMNER NAME taxpayer r NAME/AODR •» <*' . I_ _ i** • • . 58 28-118-25 55 0010 05085 JAMESrONN RO GAB URSON GARY A LARSON 5085 JANESTONN RO LONO LAKE MN 55554 HENNEPIN COUNTY PROPERTY INFORHAnON SYSTEM PROPERTY OMNERS LIST58 28-118-25 51 0004 02445 JAMESltMl RO JAR 9UNS0N JAMES T SNANSON 2445 JAMES TQH4 RO LONG LAKE MN 55554 58 28-118-25 51 0007 02885 SIXTH AVE N H ROBERT OLAVAS JR H ROBERT OLAVAS JR 2885 CO RO 4 LONO LAKE MN 55554 58 28-118-25 52 0004 05025 SIXTH AVE N JEFFREY S ECCLES JEFFREY S ECCLES 5025 4TH AVE N LONG LAKE MN 55554 58 28-118-25 55 0008 05045 JAMESTONN RO J P A S K K008 JOHN P A SUSANNE K K008 5045 JAMESTONN RO LONG LAKE MN 55554 58 28-118-25 55 0015 05050 JAMESTONN RD J R GRABEK A P J 6RABEK JAMES R A PENELOPE J GRABEK 5050 JAMESTONN RO LONO LAKF MN 55554 58 28-118-25 54 0001 00745 * OLD CRYSTAL BAY RD N SCHOOL DIST NO 278 ORONO SCH DXST NO 278 485 OLD CRYSTAL BAY RD N LONO LAKE MN 55554 58 28-118-25 54 0002 00058 ADDRESS UNASSIGNED JAMES R GRABEK ET AL JAMES R GRABEK 5050 JAMESTONN RO LONG LAKE MN 55554 REPORT NO. PI455401PACtr X ' t t ■ XX * ♦ ' . — ^< • '• V-^ .1^.* *1-: I ; v .■ I ' ..58 28-118-25 51 0005 02445 JAMEST0M4 RO M A J NAHLIG MICHAEL J A JO ELLEN NAHtlG 2445 JAMESTOFil ROAD S LONG LAKE MN 55554 58 28-118-25 51 0008 00058 ADDRESS UNASSXONEr LORRAINE M NIICHEL LORRAINE M NIICHEL NO 4 JAMESTONN ROAD LONO LAKE MN 55554 • V-.*. \ ^ V. ’ :'• • .• ♦ t \ A ' V r*; L /• • • ' i ‘ ‘ ?f r * v.**' ^ •• # • V* * . r • « ♦ ■■ th .... : » •».?. rt.' -i: . f r* .• . • •• 'X'*’ 'i* ; • • ’ •• ' •—iji • I •y I • * , S9 28-118-2S 55 OOOX 00058 AOORI.SS UNASSIONED ORONO XNO SCHOOL DIST NO 178 ORONO XNO SCHOC. DXST NO 170 *05 OLD CRYSTAI 41V RD N LONO LAKE m ^ J •* r ••v -V ^-^v- S''i * '♦i I •-r y.T 58 28-118-25 55 0004 00058 ADDRESS UNASSIGNED JAMES R GRABEK ET AL JAMES R GRABEK 5050 JAMESTONN RO LONG LAKE MN 55554 58 28-118-25 55 0014 05155 JAMESTONN RD H N LURTON A S E LURTON H WILLIAM LURTON 5155 JAMESTONN RD LONG LAKE MN 55554 58 28-118-25 42 0005 00058 ADDRESS UNASSIGNEO INDEPENDENT SCHL DXST 8278 ATTN SUPERINTENDENT INDEPENDENT SCHL DIST 8278 4B5 OLD CRYSTAL BAY RO N LONG LAKE MN 55554 • i - ■ • * • ^ t*. f aJ •! • * . ■ . '• ‘ .. i • •• v.v '■.-** • .u ;. •• • t tj , . ^ ri , * '■ * ’^ * • i ’ J • ‘I- • , V t .* .■■•'•’' i iv- ■vy» c <:■ ' .. i ■* .-.1. * 4. ^ 4*'' : -‘f il..<5! ot/Mm •V.' f tATCH 001.!•~ >000 AOOO .C»#«0 NAME • TAXPAVfO r,; MM«/A000**< -Ki- Vj» • ’ V *■ ^ V-'iv. • SO SO tO-lM»2S *S OOOBoorro OLD coystal bay 00 nXW SOIOOL OtST 0270 (OOONOI Arm SUOEOINTINDENr IM> SCHOOL OIST 0270 lOOONOI MS OLD COYSTAL SAY 00 N LONB LAKE t04 5535* 0000 AOOO OMCO NAHi TAXOAYEO NAMC/AOOO SS-110-2S 12 0007 02700 KELLEY PKMY N 0 A CITY or OOONO N 0 A CITY OF OOONO 1S3S OOON« 00 S NAYZATA HN 55S91 > 0000 AOOO 50 55-110-25 21 0002 . 00M& OLO COYSTAL OAY 00 N • fjw - SCHOOC^IST no 11 ANOKA-Mdt(EriN 1 S 0 NO 11TAXOAYEO NAME/AOOO.11299 COON OAOXOS HdMFXN ] NAN^OL\ AOXOSlOl > N N 55455 •• ; ■ «• OMNEO NAME , > vTAXPAYEO •- 50 55-110-25 24 0001 00595 OLO COYSTAL OAY 00 N KOOEOr N NA6NER ETAL ROBERT NAONER 595 OLO COYSTAL OAY 00 N lake m 55354 HEWCriN COUNTY FOOPEOTY XNTOIWATXON SYSTEM rOOFERTY OMCRS LIST50 20-110-25 43 0004 00050 ADDRESS UNASSIGNEO ALOXN r THXES ET AL ORONO XNDEFENOT SCN OIST in 405 OLO CRYSTAL OAY 00 N L0N6 LAKE m 55354 50 33-110-23 15 0011 02745 NAYZATA BLVO N VEOA INC ETAL VEDA INC rO BOX 375 LONB LAKE Ml 55554 50 55-110-25 22 0001 03200 NAYZATA OLVO N S L KAPLAN ET AL TRUSTEES JANES N LUPIENT 7100 NAYZATA BLVO 60LOEN VALLEY NN 55424 30 53-110-25 24 0002 00030 ADDRESS UNASSIGNEO JOANN 0 FROST TRUSTEE JOANN R FROST TRUSTEE 521 N NILLON OR LONB LAKE HN 55354 .. .. F i.’.. .> •• •V REPIMT NO. P14S5401 *. • * ''• I V1-25 12 0002 •'> •‘V.7vJhem«pxn * •. - •• > '• > .•OUNTY LIBRARY • I V ." *' ’'iV ' V ;■ t‘..• 5-'' . • :> '• ii' u • ';*>/.• . ' . • '• >v«.- 50 55-110 02745 KELLEYCOUNTY orHENNEPIN COUNTY LIBRARY RXOGEOALE 00 AT PLYNOUm 00 NIMCTONKA HN 55543 ORONO LIBRARY SITE 50 55-110-23 21 0001 00745 OLD CRYSTAL BAY 00 N SCHOOL OIST NO 11 ORONO SCHOOL OXST 0270 ' >t = 405 OLO CRYSTAL BAY 00 N “*v LONG LAKE NN 555’'4 . • » • ♦ • • ■ '*V 30 55-110-25 23 0002 03025 NAYZATA BLVO N ROBERT E A KATHOm OUNAS ROBERT E A KATHRYN OUNAS 3025 NAYZATA BLVO LONB LAKE HN 55354 '■'V 'i' TOTAL BATCH 001 00029 J eSaJ ijs s*i:^or^?5S'2T ap%^^^^^ 25 t;i?e*s ji ^recoros ? ' . 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'1 V sr-^* r.• i k ’i iirn.... .1. - - - —t:-?vK>GMT side. £LSVAT»6** • r-€* • • FP.QnIT fcLEVAT)Q>4 4tA*-e • '/«■ • r*c»‘ Addendum to Conditional Use Permit for Orono Schools No. 278 h baseball storage/concession building is currently located approximately 3t feet from the western property line and 240 feet from the northern property line near our baseball field. Our intention is to move and remodel that building. We are planning on moving the building to an existing concrete slab that currently is used for bleachers. The new location for the building would be approximately 45 feet from the western property line, and 221 feet from the northern property line. f y/ •v" • * . \ ' >• (> • • 9t? tf?$o j^i ^0 ‘v- f % ■?>a4 'v.; * V T ttV -.•> • f*A .'n' V f\ \ : '#UV • . ••• f*j ///IP o/s£ V# 5*^ V «M t knt o/ Oo/ / I, 5pc- M3^fiB-Z3 >»■ ■» I- Henn Co met* o^ kru .TP# c»/ vr (K REQUEST FOR COUNCIL ACTION COUNCIL MOTING ' 1 1994 cny(^R0N0 Departmeot Approval: Name Jeanne A. Mabustb Title Building St Zoning Administrator Administrator Reviewed: DATE: April ITEM NO.: i ^ Agenda Section: Zoning Item Description: luchard R. Hansen - Petition to Amend Developer’s Agreement for Foxwood Second Addition List of Exhibits A - Petition B - Developer’s Agreement C - Plat Resolution D - Foxwood Second Addition Plat E - Site Plan-Lot 2. 75’ Setback for Septic System from Adjacent Wetland (26 ’ Setback for Struemres) F - Site Plan-Lot 2, 150 ’ Setback for Septic System and Structures from Natuial Environment Lake G - Plat Map Review of Foxwood Second Addition The plat of Foxwood Second Addition was approved by the City on December 19, 1989. Dennis Kumlin, the developer, executed the required Developer’s Agreement but failed to post acceptable security to the City. The Developer’s Agreement was then filed against the Chain of Title of Lots 1, 2 and Outlot A. This would alert any future buyer that the developer was responsible for constructing private roadway within Outlot A before building permits would be issued for new construction on either lot. Developer’s Agreements are filed with plat when development is to be delayed and Letters of Credit not posted ? »*ne of final plat approval. Thf" subdivision was purchased in 1992 by Richard Hansen. At the time of subdivision approval. Lot 2 could be developed as a residential lot without the need of setback variances. Review Exhibit E, note the setbacl" from the defined wetlands for the septic system was 75’ and a structure could be located 26 ’ from the edge of the wetland. In 1992 the new Shoreland Regulations rendered tlie lot unbuildable for the wetland is now the upper basin of French Lake classified as a Natural Er.vironment lake. Both septic and siructuit' must me»*» 150' setback from the 930.5 ’ of the OHWL. Review Exhibit F. Request for Council Action continued page 2 of 2 April 7, 1994 Richard R. Hansen-Petition to Amend Developer’s Agreement The properly owner is aware that the City is seeking a reclassification of the Namral Environment lake which he understands will take at least six months in time. It is the desire of the new owner to sell Lot 1 and to allow the new owner to build on Lot 1 without constnicting the private road. Based on the directives of the final plat resolution. Exhibit C. the City cannot issue building permits until the private road is constructed. This petitioner asks that until the buildability of Lot 2 is resolved that the City allow a building permit to be issued for new residential constniction for Lot 1 and that pnvate road construction would cnlv commence if a building permit is issued to Lot 2 and at that time the developer or owner would provide a Lener of Credit and engineered road plans for construenon of private road. The private road would then be completed one year from the time the City issues the building permit for Lot 2. The owner of Lot 2 would then assume the payment of all fees to the City at the lime the building permit would be issued for Lot 2. Review Exhibit G, the private road of Foxwood Second Addition was to connect to Outlet C of Trees To Be plat providing a loop from Old Crystal Bay Road or County Road 84 to Fox Street. No matter what the resolve of the buildability of Lot 2. die City will still retain the underlying easements over Outlet A within Foxwood Second Addition plat. Options of Action To approve the petition of RRH and Company, a Minnesota general partnership, as proposed requiring the construction of the private 'oH only at the time a budding permit is issued to Lot 2 and at that time a Letter of Credi. will be provided to the City along with engineered plans for private road and direct attorney for petitioner to prepare the amendment to the Developer’s Agreement in a form suitable for fding against the Cham of property. The amendment shall be reviewed by City staff and City Attorney prior to scheduling Agreement for action by the City Council. OR To require the posting of a Letter of Credit. The amount of the Letter of Credit to be determined by the City Engineer and to proceed with an amendment of the ^evelo^r s Agreement that would allow a building permit to be issued for Lot 1 before the buildability of Lot 2 is resolved. COUNCIL ACTION REQUESTED: To provide conceptual direction to petitioner. PEITnON TO AMEND DEVELOPER’S AGREEMENT RECITALS A. On December 19, 1989 the City and Dennis F. Kumlin entered into • developer ’s afitement for Foxwood Second Addition (the "Developer ’s Agreement”). The. Developu ’s Agreement was recorded as an exhibit to a Notice of Adverse Claim recorded by the City on September 23, 1991 as Document No. 2204996 in the office of the County Recorder of Hennepin County, Minnesota. A copy of the Developer ’s Agreement is attached as Exhibit A. B. RRH & Co., a Minnesota general partnership (”RRH”) acquired tide to Lot 1 and Lot 2, Block 1, Foxwood Second Addition (hereinafter respectively referred to as ”LoC r and "Lot 2”), Hennepin County, Minnesota in 1992. As such, RRH succeeded to the obligations of Dennis F. Kumlin under the Developer ’s Agreement, including the obligation to construct a paved road over Outlot A, Foxwood Second Addition. C. There presently exists some uncertainty regarding the set-backs ai^Ucable to Lot 2. UnUl this uncertainty is resolved, it may not be possible to construct a home on lot 2. Under the existing guidelines of the City, if Lot 2 could not be developed for residential purposes. Lots 1 and 3, Block 1, Foxwood Second Addition could be served by a driveway rather than the road contemplated by the Developer ’s Agreement. D. Petitioner therefore requests the City of Orono to amend the Developer ’s Agreement as follows: PETITION 1. Amend paragraph 2 of the Developer ’s Agreement to provide that the improvements required under paragraph 2 need only be constructed in connection with the construction of a home (mi Lot 2. 2. Amend the Dcvelqier ’s Agreement so that the obligation of the Developer to construct a road on Outlot A shall be the exclusive responsibility of the owner of Lot 2, and to make it clear that the responsibility to construct the improvements described in paragrapln 2 of the Developer ’s Agreement do not encumber Lot 1. 3. Amend paragrs^h 4 of the Developer ’s Agreement to provide that the completitm date of all such improvements shall be no later than (1) one year from the time the City of Orono issues a building permit for Lot 2. 4. Amend paragraph 5 of the Developer ’s Agreement so that the performance deposit be provided only when the City of Orono issues a building permit for Lot 2. 5. Amend paragraph 6 of the Developer’s Agreement to provide that the owner of Lot 2 ^laU pay all City fees at such time as a building permit is issued for Lx>t 2. 6. Amend pangra^A 9 of the Developer’s Agreement so that all notices to Developer shall be directed to Richard R. Hansen in c/o Fredrikson & Byron, 1100 International Centre, 900 Second Avoiue South, Minneapolis, Minnesota 55402. RRH&CO. Dated: March 29. 1994 Bvr iLu Its: Partner mm TRANSm ENTIRE) 0€PT Of PROPERTY Itt*Pi'8l«I?CC0«DS ^ <7 mo city of Orono OocToment Form Revised 10/87 CITY OF ORONO PIN COUNTY, MINHBSOYA DEVELOPER'S AGREEMENT FOR S£PfjiiD HNXtta^ (Name of Development) !heA//y/(S (NdJPe of Developer) THIS AGREEMENT, Made and entered into this ___» between the City of Ororo, it.3 heirs, successors and assigns, (hereinafter called Developer ). ffITNESSETH WEEREAS, the Developer has made ^9 for approve. 1 of T«t Rl-Ar OP-<=M<.W©e.l) ■5eC--^l> -t AND, WHEIIE?kS, the City Council nas granted approval for .T‘- • development on the. rendition that the Devaloper enter into this agreerc^ to provide for the installation of improvements hereinaftert deserr*^--'-. '• Uhe tctios and conditions hereinafter set forth. NON, THEREFORE, in c'lnsideration of the premises and or -• mutual promises and conditions hereinafter contained, it is hereby agr^-- as follows:Initials of Developer Initials of City Clerk Pc*g6 1 of 6 eXHIBIT B 1. Property Descripti^ PoX. ^MOAlb C T- - ST -77 e ^ 7v/Jy’; 2. imorovements: In accordance with the policies and ordinances of the City,- the following described public or private improvements (hereinafter collectively called the •Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: Pug/»<- e>tcruo^ 5peaiF'C«T:«A/‘>/57V/*<P/t^i>S -t>/?v/Et) voiDTH 0^ NO 3. Construction Plans; The following described detailed plans anc specifications for the complete installation of the Improv^ents shai. vf-smri Hv f-hp: DfhveloDer foT the approval of the City prior «-cbe submitted by the Developer for the approval of the City prior the start of construction. The Plans and specifications shall concer to all currrent City standards for all applicable work. rrmstruction of Improvements: A. Commencement Date - The constructio^n of Improvements shall begin no later than •- - - - - - - --- - - - -* B. Completion Date later than - All Improvements shall be completed n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Initials of Developer^ )|Vy7y^ Initials of City Page 2 of 6 Cm Contractors — Tha Developer shall select# retain an- supervi:*e the Contractor (s) responsible for Inprovener. construction. The City reserves the right to requir satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by Citi- ordinance, the contractor shall first obtain a license from the City. D. Preconstruction Ccr.fcronce - Prior to the start of an. construction, the Developer and the Developer's Contractor shal meet with the responsible City official to review constructic; plans and schedules. E. Permits - Prior to the start of any construction, th* Developer's Contractor shall apply for and receive all necessa: permits from the City and/or government agencies havir. jurisdiction. F. Construction - The construction, installation and material, shall be in accordance with the plans and specifications approve by the City. G. Insurance - The Developer will cause each person wh- constructs and installs any Improvement to maintain complet- insurance coverage including Workmen's Compensation, Liabilit;. and Property Damage. 5. Performance Deposit: For the purposes of assuring to the Cit. that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work don- and materials and supplies furnished, the Developer has deposited wit the City at the time of the execution of this agreement an irrevocab. letter of credit in a form satisfactory to the City providing that t; City is able to draw upon such letter of credit in its sole discreti to complete the Improvements if the Developer fails to satisfactori 1 complete the work prior to the completion date speci. led in Section^ above. The amount of such deposit shall not be reduced befc. substantial completion of the Improvements. The letter of credi shall expire no sooner than six months after the completion da*: specified in Section 4 above, or no sooner than whichever is later. Page 3 of 6 Initials of Developer ^ Initials of City 6. Pees and Expenses; The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals. 7, Resolutions of City; Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approvi..c the Development. 8. Binding Effect: The terms and provisions hereof shall be bir.di..-, upon and inure to the benefit of the heirs, representatives successors and assigns of the parties hereto. References herein ti Developer, if there be more than one, shall mean each and all of then.. This agreement at the option of the City shall be placed of record sc as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. 9. Notices: Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party tc this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Sue., notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the aoove. Notice to City City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Notice to Developer P. 4toAii-/A/____ Quii/e 10. Incorporation by Reference: All plans, special provisions^ proposals, specifications and contracts for the Improvements furnishec and let pursuant to this agreeemnt shall be and hereby are made a parw of this agreement by reference as fully as if set out herein in full. Page 4 of 6 Initials of Developer Initials of City Px3c]_axnicr by Cityt It is understood and agreed that the City, the City Council, and the agents and employees of the City shall nc- be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or aiij other person, firm or corporation, for any debt, claim, demand, damages, -actions, or causes of action of any kind or characte-, arising out of or by reason of the execution of this agreement or tht parformance and completion of the Improvements. ^2. HoXd Harmless and Indemnification. The Developer shall indemni...% and hold harmless the City, the City Council, and the agents a;., employees of the City from and against all claims, damages, losses c. expenses, including attorney fees, which the City, City Council agents and employees of the City may suffer or for which it may r- held liable, arising out of or resulting from the assertion againr- them of any claims, debts or obligations in consequence or t.. performance of this agreement by the Developer, its employees, agen*. or subcontractors, whether or not caused in part by a parr; indemnified hereunder. X3. Remedy for Default:. Default by the Developer of any of the termt of this agreement shall automatically result in the suspension c* withholding of all permits, licenses, occupancy certificates or othe. authorizations issued by the City in connection with the properr included in this development. A. The Developer hereby grants to the City, its agents and it.. employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agree'" upon Impro vemen *■ s should the Developer not complete tho.r- Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall in addition to any other remedies to which the City may r entitled by law or other agreement. Initials of Developer Initials of City Clerk Page 5 of 6 IH WITNESS WHEREOF, the City and Subdivider have caused this a^reenent to be dulv executed on the day and year first above written. In Presence of:CITY QF ORONO AUi' (City Cl /I XjjJUCXL 1 gQCm /9^ / 9^^ DEVELOPER j By: And: Reviewed for Administration: Date /a. 1^90 Bv: o d /m (Ci(i^ Official) Page 6 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of January, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. TMEMtA L. MAAft ITARY fUMIO« MNNOO HENNEPIN COUNTY STATE 0? MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this 19th day of December, 1989, before me a Notary Public within and for said county, personally appeared Dennis F. Kumlin, Widower, 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. CITY OF ORONOD , City of OROIVO RESOLUTION OF ^he CITY COUNCIL NO. 2-33_________ (2 A RBSOLDTION APPROVING THE PLAT OF FOXWOOD SECOND ADDITION FILE NO. 1406 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class III subdivision of a plat by Dennis P. Kumlin (hereinafter "the Subdivider"); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of further variances; and WHEREAS, the Subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all requirements of Orono Resolution #2646. 2. Dedication on the plat of drainage and utility easements. 3. Creation of a new private road shown on the plat as Outlot A to be known henceforth as Gander Road. 4. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefitting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefitting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. Page 1 of 3 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2733_________ dedication to the City of a Plowage & Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the as drainage easements. The said easement shall include wetland areas in favor of the City of Orono already granted in earlier easements dated October 4, 1978, Document #1298185. 6. Execution of a Subdivider's Agreement providing for the installation of certain improvements as a condition of subdivision approval. 7. Payment to the City of a Park Dedication Pee in the amount of $400.00. 8. Payment to the City for the legal review and of the plat easements and covenants in the amount of $150.00. NOW, THBRBFORB, BB IT RESOLVBD that the City Council of the City of Orono hereby approves the plat of Foxwood Second Addition, Hennepin County, Minnesota and further grants width variances to Lots 2 and 3, Block 1, Foxwood Second Addition as lots do not meet the required width at the 50' front setback line; subject to the following condition: 1. Access to Lots 1, 2 and 3, Addition must be via Gander Road. Street is allowed. Block 1, Foxwood Second No direct access onto Fox 2. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles Office on or before May 27, 1990 together with a certified original copy of this Resolution and executed copies of the easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. J” event, it will be necessary to file a new application wiwh the City of Orono for subdivision review. Dated this 27th day of November, 1989. AT' thy l^Hallin^ City Cle Page 2 of 3 .f CITY OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2733_________ STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of November, 1989, by James R. Grabek S I^rothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 3 of 3 uerinisr. anu uaruarci o. nuuuih of Lot 2, Block 1, FOXWOOD Hennepin County, Minnesota Sfree/* #1406 Existing Legal Description: Lot 2, Block 1, FOXWOOD Total area: 7.49± acres COFFIN& GRONBERG, INC.' I X *!• I ^ . i:I; I SITE PLAN FOR DENNIS KUMLIN OF PROPOSED LOT 2 33<.ZS C^^stiSu / ■ ■■ , ' 'I / / rt^. / i I ^ /» /^’jfc ^ rrre ‘t [Jjl II I? / !i ;\' ' ( SifO 't h ih Date : 8-8-86 Scale: 1 “ = 50* TOPOGRAPHIC DETAIL FOR ROBERT HARE IN LOT 2, BLOCK 1, FOXWOOD SECOND ADDITION HENNEPIN COUNTY, MINNESOTA / 2 ff Wv •* % A /rr.2/ y (m*) fw'V 270. oo Existing Legal Description Lot 2, Block 1, FOXWOOD SECOND ADDITION. -y/f--; Existing contour («r.j» : Existing elevation A H >• \i ■‘V ># ;JVc..\V-^vr-:2-^ - * r*.^ • - .' rtJ-If.Z %i > X!f' \.’::“V^.. ■• RM*s«c -j:l ^ I' **'1 ** y I Sr/» t r«i 11 fc • »- 'N. w*;-/ ■-ViiVx!' ♦ cii -A‘X; At T f If f 4 ;S5S? 3 . J 7:2:3 v^' '‘•VvrS 'V-'i-' ^ A*’•.•. •- a • «J. »'\0T Ji.rirt.-.?,^* .• V. • »*.. C*“L. r.V m Kf > V.’ .-I**,v .*.i *. I ? •'V' . •'v V'.^’.A Ai:l,r >»» !* ■r-.T ,'.. ‘ •: r y Vi- -Iv - ^'-.jc^ i r.'iV'-:vi5' yr-- t.•:' * * 'f •;'H » > S • 1 ' , rC‘r^. • **- .J i > urji w Ls:m $f 2»)" ^•^^'J!L^{* w-..urf. t% '.«V-*i ws« 'X -l>*. ‘ •»r .. • t •1 m \7. * • .• • :/f’ '/•.vl fT*« • '•**• r^% iM MS Ti *. EBS. '*0^^-JO v^‘ ••V*BE - 'of-//7-2S 11( ^ -iSi.v'.-.*: 'suBypv INL^i^U{l COUNCIL fAcE'ii. REQUEST FOR COUNCIL ACTION APR J 1 1994 CITYOFORONO DATE; April 7. 1994 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Assistant Planning Sl Zoning Administrator Administrator Reviewed:Agenda Section; Zoning Item Description: 1994 Joint Use Dock License - Big Island Veteran’s Camp List of Exhibits A - Resolution B ' Application Big Island Veteran’s Camp is requesting renewal of their joint use dock license for 1994. The request is for three docks containing a total of eight slips, of which three slips are for seasonal overnight docking of camp-owned boats, and five are transient slips. In the past, Orono has licensed the Vet’s Camp for up to fourteen slips and two buovs. The Veteran’s Camp has more than adequate shoreline length to accommodate this level of use. Big Island Veteran’s Camp first obtained an annual joint use dock license in 1982. The City has received no complaints regarding operation of this joint use dock. The level of use of the camp is governed by City Resolution No. 2802, which is a conditional use permit for overnight camping recreation area, allowing five cabins and twenty-five tent-camping sites. The appropriate late fee has been paid. Staff Recommendation Staff recommends approval of the 1994 Joint Use Dock License for Big Island Veteran’.s Camp per the attached resolution. COUNCIL ACTION REQUESTED: Approval of 1994 Joint Use Dock License for Big Island Veteran’s Camp RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS, BIG ISLAND VETERAN ’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412. et. seq. and State Statute 462, et. seq.. to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Namral Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mumal right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any npanan owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to l^e Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suit^Ie purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the npanan owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding tlie construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Strff to issue a Joint Dock License according to the facts and conditions noted on Exhibit A attaclK^' Adopted by the City Council of the City of Orono at their meeting on the 11th day of April, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of April, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island Veteran’s Camp Board of Governors Dock Address: Big Island - Record Lot - 100 Big Island Agent: Emil Sulander (Chairman) Address: Box 598, Excelsior, MN 55331 Licensee is: Statutory board/club or recreation group License Period - January 1, 1994 to December 31, 1994 U. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY, 1993 Lower Main Lake 8 1 (14 slips, 2 buoys under previous license) Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section .*>.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review ind approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. 2. Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution #2802, 8 slips are approved for the 1994 season per your application. Future requests for additional slips will be subject to City Council approval and siiall be reviewed and considered in relation to the concurrent level of allowed camp activity. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations md ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. > / 0 Lk^S Kl=ClilVtt-» DEC 1 G 1992 1 -- C.D. Big Island Vslsrans Camp •J 5c.nl c ' ./,'<&uu *£i»***. S-f«uC.1u<tCi, **’*^’’*'■' 5) Pock ^»**4»»*<-K ankn - fjo'i pp |.‘«,,4 <,/£ ( Sm—’■^***) G»>*- ’w/o/)A^l i.JitCfc-t tf/j AJo A^«'j ^ t#Ah exniB.IT B~/ (CeioLur/®^ ^ / p'n* m \ \ \ i 7^r.y \ \ \ N. o # / > <w» 1:;^/^ Ts//>Aid} *'S*1«S. Pl•^^J RECtiVSO DEC 2 3 I986 /ffl- ^3>' ;ffO» /?^/ - ^J> /f^Z -Z2. L.M.C.D. ^.oA, >^/"-' 3 ' Ir ,iii - /<fP ^ . n*i- *1^' /4il ~~ C5) /Jt^a<^uS^ct»-S '■*><■< i ••• • # I I Bl& ISLAND V£T£R;»N5 cAmp. .DOCK- PLANS . EAi^TiNG ^nd Future. • •# • •• • • J*\A € I 5^-le: 20* Ml . * .<• 4 3// sHoR c .likje: ^flALLoW \A/AT£3____—'^/____ i*•H c/oC-k^ tui)\ i« AA.(i l.VV\CD^X 3^^**V»^*f«v C*v*'Ff JS^fiv^A «|.£jt. IS a<3*)H0' .&AcV\ * <ioe.K wU\ lt4U< 'D*a K lev^'t'W luiU W J «.ixvu4iwf «) liy i . j . sk4)Uu> UI4+CV flw •we cm 4 en «1 «leep >r\-H" •**'^'* u/JU V oT fif'S enc«»A loo* i ri !• tuls'fie^ doef^ Mlfk ■4' uiAf%.v S'fAVAjC U.Hi'fs ( 5\«««*|4 k« Avil'f 2^ •Oi W*M:V A 3i ”<*vA.ft 4. sli E.»i5‘fl*M^ PtfvvwAweMi' circle ?i «o I't'l^ A" ! ips S "f"»v Uwi* Fs 5: 9J I rr 4. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 MAR 3 i 1S94 Cliy CF OFCSQ .^J.v4.vrr office 1313500000 01 itti 7i Cl MCA • vv Cl Mm vv ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 <* i/4. r k’Cl tccn L'C rc roT- ruAXk' vnnncccAi f t nr^f^tx i c*M rtw'V'Vac'v WWA nv'A Ja / /“• Date Form Sent by City Staff December 15. 1993 Date Application Returned to City Fee Received $By Employee Section 5.42. Subdivision 2. 1.ICFNSE REQUIRED • It is unlawful for any (group or association of persons or famUies, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first havmg obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. a .«s.sociation information ^ ^ ^ 1 . Association title or name (if any) --------- M/A//v/g7o»J ______ Bay --------------------------— Person responsible for this application: 2. 3. jyjaine Phone _______ Mailing Address Ma J S^3AL CifdiCL 4.Association is (check applicable items): ____ unincorporated homeowner’s group. incorporated Homeowner^s Association. unincorporated club or recreation group. SthT€‘ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. I* t •____ provide swimming access, beach, oroffshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member’s private property. ____ easement or outlot owned in common. ____ property leased by the group/associalion. ^ property owned by the group/association. List Dock location and ownership information: ^^*"address 5ACJSLSiofL^ MaJ -5^3./ Legal property description ^ 2-3 PI D# ______________________________________ Listed property owner(s) 8. Names of abutting lakeshore property owners: (North/West) (Name + Address)F--------(South/East) 1 (Name + Address) Names of other affected property owners: > (iName -r Aaaress; ^auam micci u Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner’s homeowner’s policy. ____ separate group/association owned policy. List the following information: Name of insured______3/^ /Sf-^vvib __ N,„.c of carrier Name of insurance agency ________ Policy No. CP \ ^6 3 Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ SC^Pi>t> ” Page 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting ____ property owner’s presence contract security service other (specif) DOCK INFORMATION 11. List Dock Use Area Specifications: ^ Width of shoreline: 7,^ ft. Length of main dock from shore: Dock setbacks from side property lines at shore: ------------- ft. and --------- Dock Construction (check applicable items): ft. ft. 12. seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking 13. wooden decking List Dock Accessories: metal decking Number of fire extinguishers available at the dock Number of life preservers available at the dock 14.List number of slips in each category (-slips" includes boat lifts): Transient (day use only) slips X ^ Transient (day use) off-shore buoys _ Permanent moorage slips ^ 3_ Permanent moorage off-shore buoys . Dry storage (rack) slips__________Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces )P;yiO.SIQN AND SEDDVtKNTATlON CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only _____other (specify) Depth of water at shoreline: ^ ft; at 50 ft. out: ----; at 100 ft. out. j_ Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. D. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shov'n on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originaJIv made in (state year) and on file with the City. Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS A list of the names, mailing addresses and titles of all corporation officers1. 2. 3. A statement as to the total number of members in the club or association. ____ members A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our Joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City.’ ________ Applicant’s initials /ANNUAL LICENSE FEE - ALL APPUCATIQNS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PT .U.S SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy <3 slips @ 2.00 each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 (o.90 Page 4 of 5 ■ LATE FEE - Renewals Application for rer ewal of licenses shall be made no later than March 1 of the license year, City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Page 5 of 5 APR n/AfC REQUEST FOR COUNCIL ACTION ^ DATE: 4/7/94 >l:h ITEM NO.: // Department ApproYal: Name Michael P. Gaffron Title Asst. Planning A Zoning Administrator • • AIIIllMlhlO.I rator Reviewed:Agenda Section: Zoning Item Description: 1994 Commercial Marina Licenses - Status of Applications 1994 Marina License Application forms were mailed on January 11,1994, due back on February 15th. The following is the current status of applications as of today: DATE MARINA Mtk. Boat Works Windward Sailors World North Shore Lakeside Gayle ’s Crystal Bay Svc. APPUCATION RENEWAL RETURNED FEE PAID COMMENTS 2/9/94 $200.00 Missing insurance certificate 2/15/95 200.00 Complete -(Application mailed to Rich Anderson 1/25/94) 2/22/94 200.00 Missing insurance certificate 2/15/94 200.00 Complete Second notices have been mailed to Minnetonka Boat Works, Gayle ’s, and North Shore. Windward and Lakeside have been requested to provide the missing insurance certificates. I will keep Council apprised of progress on this. I would hope to bring the majority of licenses to Council for review on April 25th, REQUEST FOR COUNCIL ACTION DATE: April 5, lv9 ITEM NO: J2 Ill'll, Dcpaitmciit Approval: NasM Steve Sullivan Title Chief of Police Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Hiring of new part-time police officer Exhibits: piSCUSSlON The selection process has been completed for the part-time police officer position. After completion of the interviewing and background investigation, th“choice madrwas Michael Carlson, a long time member of our reserve officer force. rOlINCIL ACTION REQUESTED Motion to approve the hiring of Mr. Carlson effective 4/15/94 at the rate of $10.92 per hour. for«s/counc1I.®ct REQUEST FOR COUNCIL ACTION DATE: April ITEM NO: /V Department Approval: Name Steve Sullivan Title Chief of Police Administrator Reviewed:ion:Agenda Se City Administrator's Report Item Description: Hiring of new part-time police clerk Exhibits: DISCUSSION The selection process has been completed for the police department part-time (16 hours) clerk position. After completion of the testing, the choice made was Kristin Louise Knollenberg, a resident of our city. COUNCIL ACTION REQUESTED Motion to approve the hiring of Ms. Knollenberg at the rate of $8,826 per hour, effective immediately. foras/counc1I.act REQUEST FOR COUNCIL ACTION ^ 1994 DATE: April 7, 1994 ITEM NO: / 5 % Department Approval Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: ,-,1, Employment of Assistant Finance Director and Sr. Accountmg Clerk Staff has completed the selection process for replacing Linda Waltere in the^sistant Finance Director position. The City was fortunate in having several very highly qualifi^ candidates for the position. The number of high quality candidates allowed st^f to also address foe replacement of Charlotte Knutson as Deputy Treasurer/Sr. Accounting Clerk^ officially notified the City that she will retire from her position on July 8 1994. "^e top candidate in foe selection process, Chris Miller, has agreed to accept foe Assistant Finance Director position at a pay rate of $13.60 per hour, which is Step 2 of foe pay range for foe position. The number two candidate for foe Assistant Finance Director position, John Olson, has indicated he will accept foe Sr. Accounting Clerk position at foe pay rate of $11.73 per hour, which is Step 2 of the pay range for that position. Chris Miller has a Bachelors Degree in finance with a minor in economics, three ye^ of municipal accounting experience and a strong background in personal computers. John Olson has an Associates Degree in accounting, two years of experience as data processing supervisor/accountant for a CPA firm, three years of municipal accounting experience and strong personal computer skills. Chris Miller has indicated he is available to start May 2. John Olson indicated he cm begin any time between May 15 and June 1. It is important that foe new Sr. Accounting Clerk begm approximately one month before foe current Sr. Accounting Clerk leaves, so that there is adequate time to become familiar with foe payroll system, the utility billing system and other details of the accounting operation. COUNCIL ACTION REQUESTED: Motion to approve foe hiring of Chris MUler as Assistant Finance Director at foe rate of $13 60 per hour effective May 2, 1994. Motion to approve foe hiring of John Olson as Sr. Accounting Clerk at foe rate of $11,729 per hour effective May 15 to June 1, 1994. • REQUEST FOR COUNCIL ACTION DATE; 3/30/94 ITEM NO.: J Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Item Description: Reciprocal Water Agreement Orono/Long Lake Prior to the City of Orono ’s construction of its own municipal water system in the Highway 12 area, we purchased water from Long Lake. This was all done under a previous contract. Now that we no longer purchase water from Long Lake, it is necessary to enter into a reciprocal water use agreement. Basically the agreement allows each City to use each other ’s system in the event of an emergency or maintenance of their own system. Orono ’s and Long Lake’s legal consultants hive reviewed the agreement and recommend approval. It is my recommendation to approve the agreement and request Mayor and City Administrator to sign the agreement. c COUNCIL ACTION REQUESTED: agreement BE'mXEN THE CITY OF LONG LAKE and the cm OF ORONO PROVIDING RECIPROCAI EMERGENCY WATER SUPPLY THIS AGREEMENT, made and entered into this___day of----------------, 19 —, by and between the City of Long Lake hereinafter referred to as "Long l^e." a mumcipal corporation, organized and existing as a city under the laws of the State of Minnesota, and the City of Orono, hereinafter referred to as -Orono." a municipal corporauon. organized and existing as a city under the laws of the State of Minnesota. WHEREAS, it will be beneficial to both cities to make arrangements for interconneefions of the contiguous water service mains in both cities for use as a mutual emergency reservoir by the parties hereto; and WHEREAS, it is necessary that there be permanent arrangements for the use, maintenance and repairs; NOW, THEREFORE, it is agreed by and between the parties hereto that: 1 The Orono water main is connected to the existing water distribution system at Long Lake as shown on the plans as prepared by the City Engineer of Orono and approved by the City Engineer of Long Lake. Said plans are dated and shall be incorporated by reference to this agreement. 2. Long Lake and Orono shall pay each other for water consumed by either of the parties during emergencies or maintenance at the average rate prevaUing at the time of usage. The average shall be determined by adding the two city rates and dividing by two. 3 The exchange and sale of water is to be limited to cases of emergencies or water system maintenance, cleaning and repair work. Emergencies shall be defined as follows: (a) Interruption of normal water supply due to mechanical failure and for up to five (5) days for repair. However, if the mechanical failure causing service interruption shall, of necessity, require additional time, the parties hereto may agree, upon mutual consent, to extend the time. one system. Fire emergencies which cannot adequately be taken care of by the use of 4. The two-way valve shall remain closed at aU times under normal conditions. Opening or closing of the valve for water system maintenance, cleaning and repair shall be done 1 b) aic City C . emcrecncy conditions without prior notice, but the City C')cik occurrence. i™ L.. “T"”S any claim, dem^, ^ provided herein by Orono. The abovi^ '*'*^°I^^tal7aoDlv*also lo'any failure bv Orono for any reason to supply water service to Look I X Ton^lJfe agrees to iiriemnify Orono, its officers and employees and to save and ktep I^e. Long * expenses including attorney fees, expenses and court costs OKm han^e« action or caui of action arising out of he cotton, operation, maintenance or presence of the water line or the faUure tt, provide water service St sny tunc to Long Lske. Orono agrees that Long Lake shall not be responsible or liable m any ^r fo. ,n.y claim d^^dTcause of action arising out of the negligent performance or failure to pet(. .t .u Lv of the WOTk provided herein by Long Lake. The above provision shall apply to any faUtne hv'^i nn» Lake for anv reason to supply water service to Orono. Orono agrees to indemm y l^na Lake its officers and employees and to save and keep them harmless from all lossM or i^^*n^C;cludr^^^^^ and court costs incurred as a result of my dann demand action or cause of action arising out of the construction, operation, mamtenanct. or pres^Si S r wat^lL or die failure by Long Lake for any reason to supply water sent.ee to Orono. 7 Long Lake acknowledges that Orono is under no duty to provide a supply of water to Long Lake and Orono also acknowledges that Long Inke is under no duty to supply water to Orono. 8. Upon termination of this agreement by either party Long Lake shdl take tho. steps necessary to install a shutoff valve at Long Lake ’s sole expen^ m Long ° the^passage^ any water and Orono shall install a similar valve m Orono to prevent passage between the two cities. ... J. Sits provide any water. Orono does not guarantee that any amount of water will be available y given tune and neither shall Long Lake. 10. This .peemem shaU be peipetual, but shall be subject to cancellatiou by either party upon the foUowii^ conditions: (a) Either patty may cancel this agreement upon a 9(Way written notice without cause. (b) In the event one system introduces impure water into the other systra and correctire action U not immediately taken upon notification, the party receiving impure water may cancel this agreement immediately. by the parties as of the day and year first above written. WITNESS: CITY OF ORONO Its Mayor And Its City Administrator WITNESS:CITY OF LONG LAKE Its Mayor And Its City Clerk r REQUEST FOR COUNCIL ACTION ^P, fir/ fi DATE: April WG ITEM NO: /n % Department Approval: ^ . Name John Gerfaardson Title Public Works Director Administrator Reviewed:Agenda Section: City Administrator’s Rqport Item Description: Resolution Designating Park Land Due to the subdivision of French Lake of Orono the City of Orono wishes to use parts of that land as park land. Attached for Council action is a resolution describing the land to be designated. COUNCIL ACTION REQUESTED: A RESOLUTION DESIGNATING PARK LAND AS FRENCH CREEK PRESERVE WHEREAS^ the City of Orono is a municipal organization existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono has created a subdivision known as French Lake of Orono, and WHEREAS, the City of Orono wishes to designate the following described land as park as follows: That part of OuUot A, French Lake of Orono, Hennepin County, Minnesota lying North of the following described line: A line parallel to the North line of the Northwest quarter of the Northeast quarter of Section 9, Township 117 North, Range 23 West, at a distance 745 feet South of said North line; and That part of Outlot A. French Lake of Orono, Hennepin County, Minnesota lying South of the North 745 feet thereof and East of the following described line: A line parallel to the East line of the Northwest quarter of the Northeast quarter of Section 9, Township 117 North, Range 23 West, at a distance 110 feet West of said East line. Adopted by the Orono City Council on this 11th day of April, 1994 ATTEST:Edward J. Callahiin, Jr., Mayor Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION DATE: April 6. 1994 % A ITEM NO: / / Deparrinent Approval: Name Dorothy Hallio Title City Clerk Administrator Reviewed: Item Description: Tax Forfeit Property Agenda Section: City Administrator ’s Report Attachments: A.Department of Property Tax and Public Records Letter Dated 3/7/94 B. Map Identifying Property C. Proposed Resolution The tax forfeited land has been reviewed by staff and it is staffs recommendation the property should be released for sale to adjacent property owners only. There are no current or pending assessments on this property. Minutes of the February 23, 1976 Council meeting indicate this parcel was denied a variance for a new house based on; 1.) visual obstructions, 2.) extreme non-conformities, 3.) encroachment of proposed structure. Attachment C is a proposed resolution releasing the property for sale to adjacent property owners only. COUNCIL ACTION REQUESTED: Motion to adopt proposed resolution. Moved by_, seconded by_, to adopt Resolution No._releasing tax forfeited property to adjacent property owners only. Ayes_, nays_. A HENNEPIN DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A-603 Government Center Minneapolis, Minnesota 55487-0063 Crossroads To Ssrvics March 7, 1934 MAP 1 0 1994 n! —J w 1 - 1'1,Dorothy M Haltin, Clerk i City of Orono P 0 Box 66 Crystal Bay. MN 55323 Dear Ms Hallin: Enclosed is a list of tax forfeited land located in your municipality. The land was classified as non conservation land on Non-Conservation Classification List 805-NC by Resolution No. 94-2-120 of the Board of Hennepin County Commissioners, adopted 2-28-94, a copy of which is enclosed. The described parcels were declared forfeited to the state of Minnesota by the Hennepin county auditor pursuant to Minnesota statutes providing for the forfeiture of real property for non-payment of taxes. Pursuant to M.S. 282.01 we request that your city council either approve the parcel(s) for public auction, auction to adjacent owners if M.S. 282.01, subd. 7a is applicablelunbuildable lots), or request a conveyance to your governmental subdivision for public use. The land may be withheld from auction for one year by filing a written application with the County Board through this department. Please be advised that the sale of the lands shall be deemed to be approved pursuant to M.S. 282.01, Subd. 1, if the city council fails to respond to this classification notice within ninety(90) days. The county requires that a certified copy of the resolution of the governing body of the governmental subdivision be submitted to authorize any requested action, if you request conveyance to your governmental subdivision, please complete and submit the form "Application by a Governmental Subdivision for Conveyance of Tax Forfeited Land" for each parcel of land requested. Conveyance to governmental subdivisions for public purposes is subject to the recommendation of the County Board, except as provided in M.S. 282.01, Subd. 1b (targeted neighborhood lands). The county requires that a specific public purpose be identified in the request; "public purposes* or ‘other public purposes" is not acceptable. We request that the governing body adopt language in its resolution affirming the non-conservation classification status and recommending disposition of the lands listed on List 805-NC. HENNEPIN COUNTY •n •qua! opportunity omployor Non-Conswvation List 805-NC letter. Page 2 We also request that the resolution certify that none of the parcels recommended for public or adjacent owner auction need be withheld from sale pursuant to M.S. 85.012 (lands located within the boundaries of a state park). M.S. 92.461 (lands containing substantial deposits of peat). M.S. 282.01. Subd. 8 (minerals and mining permits). M.S. 282.018, Subd. 1 (waterfront lands bordering meandered lakes, public waters arnl watercourses), or M.S. 282.018, Subd. 2 (non-forested marginal lands or wetlands). Special assessments levied after the forfeiture must be certified to the county so that those special assessments may be included In the minimum purchase price. We ask your assistance in determining if any parcels on List 805-NC have wells. If any of the parcels on the list have wells, please request a Well Disclosure Certificaift from this department. Please provide aavailable information about parcels such as zoning, known soil conditions, known environmental contamination, or special municipal restrictior«. Such information may assist the county in managing and marketing the properties in order to facilitate return to the tax productive status. Finally, please note that under the county reorganization the Department of Property Tax and Public Records was abolished. Our work group is part of the Taxpayer Services Division In the General Services Department. Should you have any questions, or require further assistance, please contact forfeited land staff at 348-7839. Gordy Ramm, Gary Hoecherl, Terry Schuhler, and Rory Lucas may assist you. Thanks for your cooperation in this process. Sincerely, Patrick H. O'Connor. Manager Taxpayer Servicw^ivision 'rey L. Strand, Supervisor Delinquent Tax & Forfeited Land PHO/JLS/ril Enclosures HENNEPIN COUNTY •n equal opportunity employer NON-CONSERVATION CLASSIFICATION LIST 805-NCPIDPROPERTY ADDRESS PROPERTY TYPE SPECIAL COMMENTS PREVIOUS OWNER LEGAL DESCRIPTION DATE OF DATE OF JUDGEMENT FORFEITURE SPECIALBUILDING MARKET ASSESSMENTS VALUE VALUE BEFORE FORFTARGET AREA ORONO 07117 23 41 0009 ADDRESS UNASSIGNED VACANT LAND VINCENT JOHNSON LOT 15 BLOCK 13 SAGA HILL REVISED HENNEPIN CO MINN 4/16/90 10/21/93 $2,800 PAGE 30 TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Stamtes. In addition the Council has reviewed said lands and pursuant *o Minnesota Statutes 85.021, 92.461, 282.01, Subd. 8, 282.018, Subd 1 or 282.018, Subd 2. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of the following parcel of land as non-conservation land, and furthermore, approves the public sale of «aid parcel of land as listed below to adjacent property owners. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcel(s). Release of this land by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PAItrEL REI RASED FOR SALE District 38 P.l.D. 07-117-23 41 0069 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 11th day of April, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk REQUEST FOR COUNCIL ACTION ^^HOh/nDATE: April 7, 1994 ITEM NO.: / J Department Approval:^ Name John Gerhardsonv/^*^-'^ Title Public Works Director Administrator Reviewed: lf^‘1 Agenda Section: City Administrator’s Report Item Description: Spring Cleanup Day - April 30 and May 7, 1994 The City of Orono Public Works Department is planning Spring Cleanup Days on Saturdays. April 30 and May 7, 1994 from 8:00 a.m. to 4:00 p.m. The collection site will be at the storage yard behind the Public Works Building at 2700 Kelley Parkway. The following items will not be accepted: ... recyclable items such as newspaper, corrugated cardboard, tin, alummum cans, and plastic bottles with a neck chemicals brush, leaves or grass truck loads The following items will be accepted for a fee: Appliances $10.00 TVs and stereos $7.00 Tires $2.00 Construction material $12.00/Cubic yard Construction materials consist of, but are not limited to, concrete, lumber, doors, moldings, boards, landscape timbers, sheetrock, tile, fences, dock sections, etc. An average pickup or two-wheel trailer holds 3 cubic yards which will cost $36.00. Each load may be measured to determine actual cost. The company accepting the construction material will have personnel on the site to determine cost and collect the monies. Orono residents only! COUNCIL ACTION REQUESTED: It is recommended to designate April 30 and May 7, 1994 as the Spring Cleanup Days with the above guidelines. REQUEST FOR COUNCIL ACTION Item Description: Paric Survey Work Session DATE: AprU 7. 1994 ^ ITEM NO; ojo Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: M Agenda Section: City Administrator’s / The Council has approved a survey of Orono residents to obtain input regarding the City s park system. The first step in conducting the park survey is to develop a set of survey questions. This involves identifying the issue areas to be addressed by the survey and developing questions which will provide information regarding each of the issue areas. I will meeting with the staff of Decision Resources Ltd., the firm who will be conducting the survey, on April 12th to do some preliminary work on the identification of issue area.s and the development of the questions. These can be used as the star-i-i^ j oint for a more in depth discussion of issue areas and questions at a joint work session of the Council and Park Commission. The Decision Resources’ staff are available to meet the week of April 18th to 22nd. I indicated the Council generally prefers to meet in the morning. They suggested April 22nd would work well for them. COUNCIL ACTION REQUESTED: Motion to establish the time and date for a work cession with the Park Commission and Decision Resources Ltd. to work on the park survey questionnaire. Department ApproTal: Name Ron Moorse Title City Administrator REQUEST FOR COUNCIL ACTION DATE; April 8, 1994 ITEM NO: / Administrator Reviewed: Item Description: Scptic/Sewer Study Work Session Agenda Section: City Administrator ’s Rqwrt As part of the March 11 Council agenda staff provided a status report on the study of septic and as part of a request for the extension of the septic code enforcement moratorium. The staff report also requested the Council to esublish a work session to review the information that has been compiled to this point. The March 11 memo is attached. COUNCIL ACTION REQUESTED; Motion to establish a date and time for a worit session in the next few weeks to review the septic study. w REQUEST FOR COUNCIL ACTION DATE: March II, 1994 ITEM NO.: Department Approval: Name Michael P. Gaffiron Title Assistant Planning & Zoning Administrator Administrate Reviewed:Agenda Section: Zoning Item Description: Scams Update - Septic Monitonum ana ituuy List of Exhibits A - Ordinance to Extend Moratorium for Six Months Status of Study Steve Weckman and I ate nearing completion of a number of research and compilation aspects of the study, as follows: Mapping of the individual neighborhoods of concern ("hot spots") have been complewd. indicating the location of property improvements, existing septic systems, and potential future drainfield sites. Nearing completion is an analysis of the existing system conditions and the availability of alternate drainfield sites which will allow pnontiz^ of neighborhoods based on current and future expected sewage treatment needs. Propetry valuation data has been assembled for each neighborhood, allowing prioritization of assessment potential, as well as providing an indicator of relauve income levels and ability to pay for septic upgrades or sewer mstallation. An analysis has been made of the exixxted costs for replacing failing and non- conforming septic systems in each neighborhood. neighborhood. An analysis of planning implications is underway, and will address a number of ? Potential comprehensive plan revisions and MUSA boundary extensions. Compatibility with our comprehensive plan philosophy as well as o agencies ’ goals and policies. Potential impacts on local and metro sewer systems. Request for Council Action continued page 2 of 3 March 11, 1994 Status Update - Septic Moratorium and Study • Federal and state financial assistance programs have been reviewed. County programs are still being checked into. Underway are analyses of: Commercial bank loan programs for septic system upgrades. - Ways that Orono might provide aid to residents fci septic system upgrades, which might include: ... cr , City bonding for a loan fund for septic repairs (might offer lower interest, longer repayment.) Potential for "specially assessing" septic repairs through the County tax system. • The history of City’s financial participation in sewer construction projects will briefly be reviewed, and discussion of the potential for fiimre City participation. • Alternative methods of sewage ireaiment/disposal and the pros and cons of each have been analyzed. • The impact of specific potential septic code or enforcement policy changes have been addressed, with the viability of various options analyzed. Realistically, staff is 2-4 weeks away from completing its "fact fmdmg" phase of the smdy. The next step would be a presentation to Council, perhaps at a work session, durmg which discussion of a number of issues would be helpful. These may include. • Potential "leap frog" effect of sewering "hot spots". • Potential impacts on overall City development philosophy. • At what level of current or fiimre need should a neighborhood be considered for fiimre sewer. « Given the costs and needs analysis, are there certain areas that should be given a high priority, or others which should be dropped? • Do the financial and planning implications of sewering certain areas suggest a certain prioritization? • To what degree does the Council anticipate the City should be involved in direcUy or indirectly financially assisting sewer installation/septic upgrades? Request for Council Action continued page 3 of 3 March 11. 1994 Status Update - Septic Moratorium and Study The final goal of the study is for staff and Council to conclude wither or not specific areas should be sewered, and in what time frame. Additionally, the City needs to reach a conclusion regarding the timing and triggers on upgrade of non-conforming systems, i.e. proceed under the current code or make revisions as necessary. Moratorium Extension Given that the moratorium established last fall expires March 13th. staff recommends adoption of a six-month extension to the moratorium per the attached draft ordinmce^ It is staffs expectation that the study should be completed and conclusions reached well withm the six-month time frame. COUNCIL ACTION REQUESTED: 1 Adopt Ordinance No.____, Second Series extending the moratorium for six months. 2. Establish a date for a work session in late March or early April for reviewing the study. Isv ctry REQUEST FOR COUNCIL ACTION DATE: April 7. 1994 ITEM NO: Dcpvtment Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Purchase of Window Blinds During the past year of working in the new facilities various office areas have experienced a substantial need for window treatments both to prevent glare and to control temperature. The vendor who was the low bidder on the reception area blinds has provided a quote of $48.86 per window for a total of $1,368.00 for 28 windows. COUNCIL ACTION REQUESTED: Motion to approve the purchase of window blinds from On-Windows for a total cost of $1,368.00 to be funded from the building fund. REQUEST FOR COUNCIL ACTION DATE: AprU 5, 1994 ITEM NO:.....j Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed: 'tn Agenda Section: City Administrator’s Report Item Description: Temporary Wage Adjustment - Sr. Accounting Clerk Senior Accounting Clerk. Charlotte Knutson has been assisting me with the duties of the Assistant Finance Director’s position since the time Linda was admitted to the hospital on January 31 1994 Charlotte has been invaluable to me, taking on the issuance of purchase orders, the filing and collating of the invoices, statements, and purchase orders so that when I receive them they are ready to be coded for the accounts payable check writing. She has performed the data entry process for the accounts payable, has prepared and made the bank deposits and ordered office supplies as needed. In addition she has processed the miscellaneous acc^ounts receivable and has handled the inquiries regarding the new water and sewer utility rates that go into effect on the first quaner billing to be sent out this week. She will also be assistmg me with familiarizing Linda's replacement with the structure and methodology of our office, payroll and accounts payable processing system. In addition she will be framing m her replacement prior to her retirement on July 8th of this year, after 20 years of service to the City. 1 believe Charlotte has earned additional compensation for her unselfish assistance to me ai^ to the Citv I would also bring to your attention that she performed essentially the same ftmctiom last year when Linda was hospitalized from February 2, 1993 through April 11, 1W3 and should be compensated for that time period as well. The 1993 time peri^ covers 49 days or 392 hours. The 1994 time period should begin on January 31st, when Linda began her final sick leave period, until Charlotte’s retirement date of July 8th. I would recommend a 10% increase to Charlotte’s base wage rate for the time periods covered. For 1993 this would be an additional $1,268 per hour and for 1994 an additional $1,303 per hour. The temporary increase would not be applied to any severance pay at the time of her retirement. COUNCIL ACTION REQUESTED: Approval of temporary wage adjustment of Sr. Accounting Clerk Charlotte Knutson for the additional duties performed during the long-term absence of the Assistant Finance Director in 1993 and during the position replacement process during 1994. Proposed Motion - Moved by _, seconded by _, to approve a temporary 10% for Sr. Accounting Clerk Charlotte Knutson for the additional duties performed during me long term absence/replacement of me Assistant Finance Director as follows: for me ^rit^ Februaty 2 1993 through April 11, 1993, an additional $1,268 per hour and for me period January 31, 1^ through July 8, 1994 an additional $1,303 per hour. Ayes _, Nays _. REQUEST FOR COUNCIL ACTION DATE: April 8, ITEM NO: c5 4 ^ Department Approv^:. ( Name Dorothy Hailin / Title City Clerk * Administratm* Reriewed: Item Description: list of Licenses for Council Approval Agenda Section: Licenses Septic System Installer:Koch’s Soil Testing Thompson Plumbing Corp Westwood Professional Service Special Events Permit:Jack Moran Fred Kurz Memorial 10 Mile Foot Race April 16, 1994, 8:30 - 10:30 a.m. Hennepin Parks Tour de French Bike Ride June 18, 1994, 10:00 a.m.-4:00 p.m. Residential Kennel License: Anthony Faras 975 Tonkawa Road COUNCIL ACTION REQUESTED; Motion to approve licenses. --4<]ITYof ORONO SITE bvaliiator/dbsignb; LICENSE APPLICATION(612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 All questions must be answered. License fee and evidence of MPCA Certification must be attached. All applications are subject to a ten (10) day approval period. Business or trade neune So // $1. 2. 3. 4. 5. 6. 7. Business address *7^o)C 5?/. //O Business phone^7^^ tifo'K') Residence phone V77- ^ 3 7 _ Name of applicant or^ompany representative(s) holding MPCA certification T~ /t. /^<l ^ Type of certification held: Site evaluator ^ System designer. Certificate expiration 3! . _ _ _ _ Have you ever performed site evaluation or design work in Orono before? Most recent year Jf? ? Have you ever had a license revoked? /^o Where? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ When? cm OF DRQHQ fimance offi ce SUBMITTALS REQUIRED: $100.00 License application fee. ^7^2. Copy of current MPCA Certificate. ijiiavuvoo 01 CES 100. CHECK 71 100. RECEIFT-THM YQL 113004SO cool ROl TC 04/C LICENSES WILL NOT BE PROCESSED UNTIL ALL ITSIS ARE SUBMITTED The undersigned hereby makes application to the City of Orono, Minnesota, for a license to perform site evaluation and septic system design subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. . Date VA//^y Applicant’s Signature[AUjiAA ^ A -------- Staff recommendation Approval Reason for denial: ____________ Denial Date City Coxincil Action Date Date license mailed _ _ _ Approved Denied ITYof ORONO •• 'J c:*:0 .• ; (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 mar E .8 JS94 SEPTIC SYSTEM INSTAT.T.EF LICENSE APPLICATION -----^ All questions nust_be i^lScrtlonf lrrs'4%“ °to n (10) day approval period. 1. 2. 3. 4. Business or ^ ^ Business address \g/Y^\ Business phone'-)a-q^Tnil Residence phone 5. Name o£ appli^nt or company representative holding MRCA certification \c>o>a —- -- " _ _ _ PumperType of certification held:_^ Certificate expiration date Installer 6.Have you ever held a Septic Syster Installer license in Orono before? VJC=^ Most recent year 7.Have you ever had a license revoked? Where? __ _ _ _ _ _ _ _ _—- - - - - --- - - - - - - When? 8. 9. Do you do Municipal Sewer hook-ups? Yes ^- - - Do you pump out septic ^anks? Yes - - - - No No ClTt OF ORUtiO ’-likE OFFICE 4 TM ^'nnniiO_ _ __ ’ Oj CE.V SUBMITTALS REQUIRED: 3. $50-100-300-000 minimum Certificate of Insurance3-^ Copy of current MPCA Certificate. ' LICENSES WILL NOT BE PROCESSED DNTIL ALL ITEMS ARB SOBMITTBD Vu ^i) LifOl RO* •I • s;>Ss:"Ks •'Lty of. Oron© Staff recommendation Approval ^^^^/oenial City°Council%ction Date ' -j. ~ Approved Date license mailed / /1 ClTYofiOLRONO.1 (612) «73-7|H Post Office TOX 66 Crystal Bay» MN 55323 RBCEIVEO cnv SITE B7ALDAT0R/DBSIGN license application crystal «ay, fee and evidence of MPCA applications are subject ben (10, day approval perrod. Business or trade n^e -^-J— Business address . Residence phone J ----- Business phone —c ( 1. 2. 3. 4. 5. 6. 7. //v/7'c. JSite evaluator . VL System/J’7"/7'c_ //nnr' ~ ' •:• \/ Sice evaxt-ici^va*.Tvoe of certification held._^^^^ dSigner. Certificate expiration------------------------- ^ evaluation or design work in ??o7o^b°e“to';eV^”H^ott“e%ent year ----------- Have you ever had a license revoked? Where?__________________—--------------------- X//} When? SUBMITTALS REQUIRED 1. $100.00 License ^^te 2. copy of current MPCA Certificate. wsvmTT »TT TTEMS ARE SUBMITTED o"’.."' /“x— Date Applicant's Signature gtaff reconunendation Approval Reason for denial: _— — —- City Council Action Date Date license mailed Approved CITY OF ORONQ fihance office 100. ^%EIPT^Tm]wU mOlEO cool Date: To: From: Subject March 25, 1994 Ron Moorse, City Administrator Steve Sullivan, Chief of Police Special Event Permit I have reviewed the special event application from the Minnesota Long Distance Running Association. As the event seems to be well organized, and the race was ru*i last year without problems, I have no objection to the issuance of this permit. PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONOr MINNESOTA Phone Number; ^ — O S' ^ ^ Name: "Jo-C 4r u0%._ _ _ _ _ _ _ _ __ Permit #:_ Fee: $50.00 Address:Ct/c7 <; ^ ^ City, State, Zip: /^7/^ryV V CITY OF uRM) FIRAiiCE OFFICEnmooooc 01 CEH 50.00 -CHECIs Vc 50.00 RECEIPT-rHAUK YOO J2yy530 cool ROl 116: 03/22/ Location of Parade or Event:^ c- V/ tv "fn THE SSNO ANNUAL WHERE: WHEN; AWARDS: DRAWING: FEE: APRIL IG. 1994 Start at Wayrata High School. East County Road 15 and Vicksburg Une. Course runs five miles out the Luce Line Tr il and five miles back. Surface is mostly hard packed granular clay. Race reccds; 50:11, Barney Kleckcr, and 57:14, Lorraine Moller, both in 1981. Check in starts at 7:30 a m., first runners st.srt at 8 30 STARTING TIMES ARE HANDICAPPED by the "world-renowned" Lanin Guessimetric Method (implemented by Rick Recker), with the slowest runners starting first and, ideally, all runners finishing at the same instant ALL ENTRIES MUST INCLUDE TIMES AND DISTANCES FROM AT LEAST TWO RACES OF RECENT VINTAGE. Just saying "I run about an 8-minute it le" is not sufficient information, and your entry will be returned. MDRA award T-shirt to first male and female (based on actual times) in these age groups: 19 4c under, 20-29, 30-39, 40-49, 50-59, 60-69, and 70+. Marathon Sports gift certificates to first six runners to cross the finish line. Traveling trophy (exhibited at Marathon Sports, 50th St Penn in Mitmoapulis) includes names of fastest male and female finishers. Toere will be post-race drawings for assorted merchandise from the MDRA and from Marathon Sports, 2304 W 50th St., Minneapolis. $3 for MDRA members, $5 for others. MDRA membership is $15 per year, and includes the valuable annual race schedule/running log, Rniiiiing Minnesota. You can join MDRA with this race application by making your check out for $18. Race day entries will be accepted reluctantly; handicapping people at tlw last min ute is a pain. The fee will be $10 for MDRA members and non-members alike. Fred Kurz ivas a dmricr membc’ vf the Minnesota Distance Running Association. A resident of St. Paul, he attended Murray High School and the University of Chicago. He uhis killed in a btcycle-attlomobtle accident in J96J at the age of 21. This race in his nietnory is the oldest continuously held running event in Minnesota. Sponsored by marathon sports Mjnimou Distance Runrtng Association ENTRY rORM Mail with fee to MDRA, 5429 Wooddale Ave., Edina, MN 55424 by April 11. Last name___________________________First name Age on Sax Birth dale I I I I i I I I i I I I I I I I I I__I L 1 I Street address (vKiode apartment number wnOtot do) 1 Apri 15 D uy T edi I I I I I I__I I 1 I 1 I I 1 I I I I I I I City and stale Zip/poslal coda 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 [ 1 1 Area code Tetephone Bast recant perlormances (time lod disiance):1 1 1 1 1 1 1 1 •mi n0wn^ • »ac« « • I mmimrn l•«•Mil•copme—nMiM«iWi|«wiM « »i»«eMwil.iiif i*«T••••■• an•«CMITM•«••. I —»M <1 iKiwngPI mUc IMm y I any M oviaiiiiM MMCMMM «•! iwvMiv •<••««• Muanf M nd IMM !• laH. mawrrnmtm. wUf ftm by fw l» mw »iy «any••wikmpi•!•••»• iw«iy >Mt.wattam.«aia»ii»awnwwpMw>iwn»—pacNMiwiiyttiM*. wMwiMiM laaiMiMitMiMe^McOTairMf aeMMMay my M. ang icmaa. ang oto me* •mOna wgyMta- On al Omm. kOUk Ummrn Saarti artg any oaiat «fa>«iaaon atwctairg mMi •• net taca paicMH. vvamiMft. iny ang ai______________________ —^Mirt ap»rMoi«nyowtac^>D.o.orHMattlMa. Itraaag tpaiawiai ojaiaan imi ggnm >g ^ ^ ^ Urntf UNg m aisanitaaon cangucang tM pianpieMaik HENNEPINMuncs SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 12615 Coonty Road 9 Plymouth. MN 55441-1248 Tfetephoo* (612) 559-900(VTDO (612) 559-6719 February 22, 1994 Ron M(x>rse City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ron, FE6. 2 4 1994 Plans are already underway for the 4th Annual Tour de French Bike Ride, scheduled for Saturday, June 18. Once again, I am writing to ask for your support on this event. This year. Tour de French becomes part of the larger "GreenWays Festival," an earth friendly event taking place at French Regional Park in Plymouth, also on Jxme 18, from 10 a.m. - 4 p.m. The focus of this event is to piomote environmentally sustainable lifestyles. The Tour de French Bike Ride fits into this goal by promoting bicycling as one of the many non- motorized outdoor recreation opportunities available in the metro area. Despite the changes. Tour de French still remains the same in many aspects. The ride will continue to highlight local, regional, and state trails as well as generate support for completion of the planned regional trail system. This year, participants can choose from three loop routes all of which are sag wagon supported and staffed with volunteer route assistants to offer directions and help along the way. The Tour de French is coming through Orono and we would like to ask for your general support of the event as well as your assistance with the following specific items: Could you help us promote the event by displaying posters and placing brochures and flyers in areas where they will be picked up? Would it be possible to place an announcement in your city newsletter regarding the event? I have included a general description of the ride in case your deadline is approaching. - Does your city hdve a volunteer group who would be willing to staff a water/rest stop along the route in your city? Is approval needed for posting signs on your city trails? All of our routes are signed in order to provide the best directions possible to participants. BOARD OF COMMISSIONERS Jim Cany Roaamary Franaaaa Marcia Ibubr Pouglaa F. Bryant St. Louie Perk Edina St. Anthony Hopkins Supanmandanl and Llode Marquardt. Vtea-Chair Marilynn Corcoran Brlgina Kay Rauthar Sacretary to tha Board Mapla Qrova Da^on Plyrrwuth .An Equal Opportunity Employar 4r% RECYCLED MPER • Conaorving our Raaourcaa Cornaif^ SOH tom rtcyci«d fib«r. 10% PotKormumm liber. Thank you in advance for considering involvement with this event. With your support and assistance, the Tour de French Bike Ride can become a true community effort, i will plan to call you within the next week to discuss the details with you. If you have a question before that time, please feel free to give me a call at 559-6755. Sincerely, Judy^cDowell Spedal Projects Supervisor 559-6755 miO/i/diycon.94 . \ • * : »■'* • f t • . ; . ^ - GREENWAYS FESTIVAL AMD TOUR DE FRENCH BIKE RTDE Saturday, June 18 Bike Ride Registration, 8 - 10 a.n. Main Event Festivities, 10 a.m. - 4 p.m. French Regional Park GreenWays Festival is a Hennepin Parks' sponsored event focused on earth friendly ways to live. Festivities will include musical entertainment, interactive exhibits in the "Living Lightly" environmental gallery, crafts and games, outdoor sports, and the Tour de French Bike Ride. The fourth annual Tour de French Bike Ride will once again celebrate the lifetime sport of bicycling while highlighting the metro area's local, regional, and state trails. Participants may choose one of three different loop routes, all originating from French Regional Park in Plymouth. All routes are signed and detailed maps will be provided. Each route will also feature sag wagon and mechanical support. Route Descriptions: 1) Worth Hennepin Route--French Regional Park to Wirth Park to North Hennepin Trail Corridor to Elm Creek Park Reserve and back to French Regional Park Paved bike trail and roadway from Plymouth to North Hennepin Trail Corridor, via Golden Valley, Robbinsdale, Minneapolis, Brooklyn Center, and Brooklyn Park. The route then follows the North Hennepin Regional Trail Corridor west to Elm Creek Park Reserve, returning to French Regional Park via Maple Grove neighborhood trails and roadways. Approximately 40 mile loop. 2) Luce Line Loop Route--French Regional Park to Orono to Long Lake Back to French Regional Park on Luce Line Paved bike trail and roadway from Plymouth to Orono and to Long Lake. The route then follows the Luce Line State Recreation Trail (crushed limestone) back to Plymouth, then returns to French Regional Park via neighborhood trails and roadways. Approximately 25 mile loop. 3) Easy Rider Route--Circle Medicine Lake Paved bike trail and roadway around Medicine Lake, in Plym.outh. Approximately 9 mile loop. Optional Distance: 3 mile loop ride along Medicine Lake and back through Pl^Tnouth neighborhood trails to French Regional Park. Registration Station for All Routes: Center. French Regional Park Visitor I:\USERS\MI0\WP\S\FACTSHEE.93 p.8 Jirid Toiir de french Vike CRide FRENCH REGIONAL PARK JunG 18 8 a.m. ■ 4 p.m. J\xi earth-Jf icridly Event • Outdoor Activities • Nature programs, crafts and games • Music • Living Lightly Environmental Gallery •Food •Tour de french Dike ^ide Loop routes with signs and detaUed maps, sag wagon support and desig- ^ R^UIRED ON ALL TOUR DE FRENCH ROUTES Call 559-9000 for more information about the JesUval. and pre-registration for the 'lour de Jrench event. Volunteer assistance is needed. Call 559-6706 HENNEPIN PARKS Date:April 8, 1994 To: From: Subject: Rou Moorse, City Administrator Steve Sullivan, Chief of Police Faras Kennel License Application Since our last council meeting, we have impounded Dr. Faras' dog "Shadow" and issued a citation to him for "allow dog to run at large". I called Dr. Faras and informed him that he would have to give us a plan as to how he would keep his dog from running at large in the future. He said that he plans to tether the dog from now on. He was going out of tovm and was not sure if he would be back in time for the council meeting. tlCESSZ APPMCATIOT , q to Deceniber Effective Jai^ary ^ 31 r 19 -, If, ^ <rrrst ^uorkl Owner Prooerty Address ?, r r (Include city aSTWI Mailing Address (if different) Phone: (hone). „axi»n» NO. of dogs to be )cept at one ti»e:------- (over 3 nonths or age __ ^ j yi„^ ,reed:2^:M#24>i4^----' ---------7/ y ^ /feswtiWn 2 dogs: ^2_^=------L— Principal Bre* Purpose for more th'i Dogs normally kept ClTi OF C'RCHQ </ inaide ______.l^nimel structure f/S.VCt flFriCi *^It1 Tf >f !• »rit • iJiwwvvvvv nr hheRCIAI Kennel ^’ppScatiSA)T^yment must accompany appn=a Name of Business: 01 Ctfi 1313000000 CMECK 71 ■RECUPT-Wm YC Normal Business Eours: After Hours contact: (name)^ Dog runs/exercise areas are: ____inside ____outaide -----^both .. Hs:-giSd^”r%"4nid a^-l^ges^at^a^^^ [rc“ersen*pprovll_ and^ %\.“Ind%%^%n%%%gr«» 1 conditions impose® oy licerrae approval. .. .._/2^_------ moi-— s« * jyfeiffs^by ^/Jd. .commends Approval.^- Denial_ Date ‘.4 3, 04/30/94 P9: 207CM PRREGOR 03/27/94 PR; 206 CB PRhEQOREMP • NAME DPT469188026 CALLAHAN, EDWARD J 1118324677 QOETTtN. J.OIANN 11470366069 HURR. JOELLEN L 11 473646272 JABBOUR, GABRIEL 11 476527186 KELLEY. CHARLES 11 YTDGROSS1200.00966.68966.68966.68 966.68 CURRENTGROSS EMP • NAME300241241241 241 00676’67 67 1,266.68 « S I 171688060 474563339 476921819 471840871 475413862 472503991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 471569863 477647279 476020397 504260307 472500574 121262417 480843542 477700023 334506281 468909535 476783251 470700901 469848107 47S382983 473746173 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 477881539 ANDERSON. BRUCE •. BOBZIEN, SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L OEMBOUSKI. JAY C ENGLISH III. IRVING ERICKSON. KURT R EISCHENICH. DAN T EPITZLER. JOHN M G;EFRON. MICHAEL P GE.THARDSON, JOHN R QOHAN, DAVID J GREGORY. JAMES 0 HALLIN, DOROTHY M HANSEN. STEVEN C HANSINC. CAROL J HASEMAN, CAROLE JOHNSON. BRADLEY P KARNITZ. RICKY D KING^ ANITA 0 KNUTSON. CHARLOTTE A KUEHN. THOMAS M MABUSTH. JEANNE A MCNICHOLS. DAVID L MOORSE. RONALD J MOROWCZYNSKI, J/VES OBERAIQNER. SCOTT G OBRIEN. RANDY L OMAN, LYLE E PALMER, GREGORY AOUAST. WAYNE ARATHBUN. BARRY J SCHOENHOEF. JOHN B SKREEN, DALE S STEEFENHAGEN. RONALD SULLIVAN. STEPHEN X THOMTON, MARK R TOMCHECK. LAWRENCE F TOMCZYK, PARK W VANG, BRUCE L VEE, LINDA S WECKMAN, STEPHEN J ►T YTDGROSS\l 11722.71117365.6611880.91124157.06 \2 11339.87n12090.40n12721.57n12097.86u12402.71n11237.52 31 11319.04 31 .1:845.63 33 10372.20 12 24909 26 35 2208.96 42 9602.37 12 8943.03 42 8763.24 31 4088.16 12 7598.08 31 11889.69 31 1292.45 35 369.28 15 7295.40 15 15231.29 33 12974.48 31 10716.11 12 16782.87 31 11467.02 42 9128.43 92 8782 43 33 10173.81 42 8569.64 92 10918.03 92 9107.56 31 3007.73 42 8836.27 93 8943.07 31 14472.47 31 11043.86 31 11350.32 31 11326.72 33 9094.26 12 7797.77 33 8236.81 CURRENTGROSS1784.721042.56207.48 654.19 1621.36 1727.20 1699.97 1506.09 1664.38 1611.52 1551.20 1692.24 1483.13 2133.11 302.38 1381.10 1278.96 1113.05 570.47 1245.74 1611.52 174.72 244.10 1042.55 2177,28 1854.87 1443.62 2311.84 1611.52 1467.82 1113.051483.12 1113.051456.681113.03 327.60 1113.03 1278.96 2068.8/ 1581.36 1609.45 1611.52 1304.16 1198.94 1186.48 59~749.89 COUNCIL CHECK REGISTER Thu Mar 31 CHECK NO CHECK DATE CHECK AmUNT 1994 00:09:44VENDOR DESCRIPTIONciTY'cOUNTrCREDn ’uNl'w/H'i ’TRAN^ACCOUNT • 9999*2030 INVOICE000833 PO NUM.Pag* 1 MANUAL . . .IP03025S0302S9030260030261 030262 030263 030264 030265 030266 030267 030268 030269 030270 030271 030272 030273 030274 030275 1994/03/301994/03/301994/03/301994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 1994/03/30 S5,166.00 SS.166.00*$95.79$95.79*$61.52$61.52*$8,666.79$8,666.79* $2,635.51 $2,635.51* $34,109.51 $34,109.51* $1,284.00 $1,284.00* $983.08 $983.08* $146.50 $146.50* $164.00 $164.00* $50.00 $50.00* $350.00 $350.00* $562.02 $562.02* $2,212.56 $2,212.56* $5.09 $5.09* $2,633.32 $2,633.32* $100.00 $100.00* $18.30 $18.30* COLONIAL LIFE INS INS W/HCOMMERCIAL LIFE INS INS W/HFIRST NATIONAL BANK OF WITHHELD FED TAX/MED FIRST NATIONAL BANK OF CITY SHARE FICA & HE FIRST NATIONAL BANK OF NET PAYROLL TRANSFER GREAT WEST LIFE ASSURA DEF COMP W/H GROUP HEALTH PLAN W/H INS 3/27 & 4/10 HENNEPIN COUNTY SUPPOR MARK THOMTON IC02667 HENNEPIN COUNTV SUPPOR DALE SKREEN iCO 2623 ICMA RETIREMENT TRUST- W/H DEF COMP LAW ENFORCEMENT LABOR W/H UNION DUES MED CENTER HEALTH PLAN W/H INSURANCE 3/27-4 MEDICA CHOICE MINNESOTA BENEFIT INS W/H 3/27 *4/10 INS W/H MINNESOTA DEPT OF REVE STATE TAX WITHHELD MN STATE RETIREMENT-DE W/H DEF COMP PEBSCO/OBRA W/H DEF COMP J 9999-20309999-20309999-2030 9999-2030 9999-2030 9959-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 000844000845000839 000837 000830 000849 000846 000831 000834 000838 000832 000835 000843 000847 000836 000851 000848 IPIPIP IP IP IP IP IP IP IP IP IP IP IP '*••• , r - IPV-.' ‘ is ... j ^ V - TTCOUNCIL CHECK REQZSTER Thy Har 31 1994 00:09:44 ,4Pagy 2CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM. MANUAL '^030276 1994/03/30 $1,113.46 SI.113.46*PEBSCO/US CONF OF MAYO W/H DEF COMP 9999-2030 000850 IP• -030277 1994/03/30 $54.00$54.00*PERA LIFE INS ACCRUED WAGES PAYABL 9999-2030 000840 IPa y-030278 1994/03/30 $3,375.21$3,375.28*PERA PERA W/H 9999-2030 000841 . .;Hb iP'r-'^' 030279 1994/03/30 $18.00 $18.00* UNITED WAY CHARITY W/H 9999-2030 000842 •V ' IP'-T -».1 $63.804.73 Mt-', j -■» 't «w.- ^ r-4- •<f . -V «'.• ; “4 -V '<- . 1 nytr-^ * . ♦;*. jyi* o :j t> . /1•t•COUNCIL CHECK REGISTER Fri. Apr 8 1994 00:02:50 Ptgt iCHECK NO1 CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM. MANUAL0302S31994/04/11 S180.00$180.00*AMERIDATA REPAIR TI810 SERVO P 0129-4340 033524 •OH0302841994/04/n $65.00S65.00*A & T UPHOLSTERY CO REBUILD SEAT SQUAD •0129-4341 1754 OH03028S1994/04/11 S28.44$28.44*AT&T TELEPHONE 0590-4320 001481 •OH0302861994/04/11 • •S67.50 $67.SO*A-1 MINNETONKA RENT MAINT MISC EQUIP 0549-4342 001482 OH0302871994/04/11 $151.47$151.47*ABRA AUTO BODY LONG LA ACCIDENT REPAIRS SOU 0129-4341 000064 OH 030288 1994/04/11 1994/04/11 1994/04/11 $202.95 $1,142.16 $85.26 $1,430.37* ALL STAR ELECTRIC ALL STAR ELECTRIC ALL STAR ELECTRIC INSTALL DOOR BELL-PO REPAIR HAVRE SIREN SEMAPHORE LAMPS HW I 0129-4520 0175-4342 0249-4342 9334-3 9334-4 9272-28 OH OH OH 030219 1994/04/11 $636.31 $636.31* ALL STAR PRO GOLF CO 10 DOZ GLOVES/4 PUTT 0591-4801 63811 A OH 03C jO 1994/04/11 $4,241.60 $4,241.60* APPLE VALLEY AGENCY INS AGENT FEE 1994 9001-1299 001509 OH 030291 1994/04/11 $44.05 $44.05* AT & T INFO SYSTEM MAINT DATA LINE 0129-4340 5209501846 OH 030292 1994/04/11 $15.00 $15.00* ATOM ENGLISH-FTO FOCUS ME 0129-4356 001483 OH 030293 1994/04/11 1994/04/11 $21.96 $161.57 $183.53* BLACKOWIAK i SONS BLACKOWIAK & SONS MARCH TRASH HAULING MARCH TRASH HAULING 0590-4343 0099-4343 135551 135495 OH OH 030294 1994/04/11 $1,023.85 $1,023.85* CARGILL SALT DIV WATER SOFTNER SALT 0549-4234 602825 OH 03029S 1994/04/11 $21.84 $21.84* CELLULARONE GERHARDSON CELLULAR 0249-4320 001484 OH 030296 1994/04/11 1994/04/11 $69.42 $16.98 $86.40* CITY OF LONG LAKE CITY OF LONG LAKE HARRINGTON LS MAINT FLASHER MARCH 0569-4344 0249-4324 001518 001517 ••OH OH , , 030297 1994/04/11 $743.50 $743.50* COCA COLA VENDING POP/JUICES 0591-4815 01018372 030298 1994/04/11 $1,027.00 $1,027.00* CORNERHOUSE INTERAGENC INTERVIEWING CONTRAC 0129-4306 000026 "y; OH 1994/04/11 $9.00 CORNICK, JAMES PARKING 0129-4381 001485 OH u J O O OCOUNCILCHECK REGISTER fri Apr S 1994 00:02:50 P«9« 2CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE030299SIS.30$24.30*CORNICK, JAMES TRAINING 0129-4356 001485 •OH0303001994/04/11 $115.00 $115.00*CVS UNIFORMS UNIFORM M TOMCZYK 0129-4221 0008186 OH0303011994/04/11 $156.00$156.00*DORAOUS CORP MAINT 2 SIRENS 0175-4342 0940431-IN OH0303021994/04/11 $5,265 00 $5,265.00*E-Z RECYCLING MARCH SERVICE 0295-4392 001486 OH0303031994/04/11 S56.74S56.74*FISCHENICH/DAN DRIVING SCHOOL 0129-4356 001510 OH 030304 1994/04/11 S20.49 120.49* GALL’S INC.LEATHER GLOVE CARRIE 0185-4221 577517 OH 030305 1994/04/11 1994/04/11 $50.00 $50.00 $100.00* GANGELHOFF. DONNA GANGELHOFF. DONNA DEER PICK-UP MARCH DEERS PICKUP 3/31 0185-4360 0185-4360 001487 001514 OH OH 030306 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 $58.65 $67.79 $23.96 $5.87 $223.62 $379.89* GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO EQUIP PARTS EQUIP PARTS EQUIP PARTS EQUIP PARTS BATTERY CHARGER 0249-4232 0549-4342 0129-4342 0590-4342 9674-1500 001513 001513 001513 001513 001513 OH OH OH OH OH 030307 1994/04/11 $210.00 $210.00*GOLF COURSE SUPT ASSN GCSAA OUES-STEFFENHA 0590-4380 001488 OH 030308 1994/04/11 1994/04/11 $195.00 $347.00 $542.00* GOVERNMT TRAINQ SERV GOVERNMT TRAING SERV M CARLSON/PURSUIT SC KARNITZ-INTERVIEW SC 0129-4356 0129-4356 001529 001528 OH OH 030309 1994/04/11 $246.33 $246.33* HAMEL BUILDING CENTER DOCK MATERIALS 0290-4231 87843 OH 030310 1994/04/11 $21.95 $21.95* HANSEN.STEVEN MILEAGE-WATER EXAM C 0549-4381 001491 OH 030311 1994/04/11 $13.44 $13.44* HASEMAN, CAROLE MILEAGE MEETINGS 0039-4381 001489 .. . . . .OH 030312 1994/04/11 $540.00 $540.00* HENN CTY FIN DIV FEB ROOM & BOARD 0080-4358 002393 •» OH 030313 1994/04/11 $175.59 $175.59* HENN CTY SHERIFF DPT BOOKING FEE FEB 0080-4358 001490 ^ OH 030314 1994/04/11 $421.95 $421.95* J & R RADIATOR CORP RADIATOR REPAIR 9427 0249-4341 161895 OH ^t. • •.. ^ u e o o tjCOUNCIL CHECK REGISTER Fri Apr S CHECK NO CHECK DATE CHECK AMOUNT 1934 00:02:50VENDOR ADESCRIPTION ACCOUNT •AINVOICE PO NUM.Page 3 MANUAL0303151994/04/11 $2.19 KEAVENYS DRUG SUPPLIES 0129-4210 001515 OH•1994/04/11 $2.19*$4.26 KOEHNENS STANDARD OIL 0129-4220 •13684 OHQ303161994/04/11 S4.26* » 27 KUEHN, THOMAS MILEAGE 3/14 TO 3/30 0249-4381 001516 OH1994/04/11 . 27 KUEHN. THOMAS MILEAGE 3/14 TO 3/30 0174-4381 001516 OH1994/04/11 $50.18 KUEHN, THOMAS MILEAGE 3/14 TC 3/30 0069-4381 001516 OH030317•1994/04/11 $1.8S KUEHN. THOMAS MILEAGE 3/14 TO 3/30 0569-4381 001516 OH 1994/04/11 $64.57* $205.00 LEAGUE OF MN CITIES LMC CONF-GOETTEN 0020-4356 001493 OH030318 1994/04/11 $205.00* $729.95 MARTINS NAVARRE 66 MARCH SERVICES 0129-4341 001520 OH030319 1994/04/11 $729.95* $11.89 MIDWEST BSNS PROD OFFICE SUPPLIES 0069-4210 769595 OH1994/04/11 $43.76 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 76959S OH1994/04/11 $27.34 MIDWEST BS.4S PROD OFFICE SUPPLIES 0174-4210 769595 OH 030320 1994/04/11 $196.61 MIDWEST BSiS PROD OFFICE SUPPLIES 0129-4210 769595 OH 1994/C4/11 $279.60* $24.98 MN BENEFIT ASSN APRIL LIFE INS 0129-4152 001494 OH030321 1994/04/11 $24.98* $320.00 MN DEPT PUB SRVC-WQHTS CALIBRATE SCALES 0129-4342 04879-12698 OH030322 1994/04/11 $320.00* $15.00 MN-S.C.I.A./DIANE VACE MOROWCZYNSKI MEMBERS 0129-4380 001495 OH 030323 1994/04/11 $100.00 MN-S.C.I.A./DIANE VACE ERICKSON-SPRING SEMI 0129-4356 001519 OH 1994/04/11 $115.00* $13.50 MPLS OXYGEN CO DEMURRAGE MARCH 0129-4232 RI03940847 OH 030324 1994/04/11 $31.50 MPLS OXYGEN CO DEMURRAGE MARCH 0249-4232 RI03940846 OH 1994/04/11 $45.00* $79.00 NORTH MEMORIAL MED CEN MIKE CARLSON-SEMINAR 0129-4358 001524 OH030325 1994/04/11 $79.00* $125.00 NORTHLAND BUSINESS MAINT RECORDERS/TRAN 0039-4340 001525 OH1994/04/11 $125.00 NORTHLAND BUSINESS MAINT RECORDERS/TRAN 0174-4340 001525 OH1994/04/11 $75.00 NORTHLAND BUSINESS MAINT RECORDERS/TRAN 0249-4340 001525 OH1994/04/11 $25.00 NORTHLAND BUSINESS MAINT RECORDERS/TRAN 0069-4340 001525 OH1994/04/11 $350.00 NORTHLAND BUSINESS MAINT RECORDERS/TRAN 0129-4340 001525 OH 030326 1994/04/11 $126.47 NORTHLAND BUSINESS MINI CASSETTES 0129-4210 EE2005 OH 1994/04/11 $826.47* $408.21 NSP ELECTRICITY 0549-4324 001496 , OH030327$408.21* o J ■:VWT6; o o o o •* fCOUNCIL•CHECK REQZSTER Fri Apr S 1994 00:02:50 P999 4CHECK NO CHECK DATE CHECK AMOUNT VE NDOR DESCRIPTION ACCOUNT ■INVOICE PO NUM.MANUAL 03032S 1994/04/111994/04/111994/04/111994/04/111994/04/111994/04/111994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 S10.3SS40.20S14.S8$10.44$287.77$16.77$447.27 $763.91 $100.68 $3.72 $92.23 $20.83 $1,809.05* NSPNSPNSPNSPNSPNSPNSP NSP NSP NSP NSP NSP • ELECTRICITYELECTRICITYELECTRICITYELECTRICITYELECTRICITYELECTRICITYELEC-PUBLIC WORKS ELEC-CITY HALL ELECTRICITY UTILITIES ELEC-NORTH WATER TOW UTILITIES 0S90-43240569-43240290-43240249-43240569-43240569-43240099-4324 0099-4324 0249-4324 0175-4324 0549-4324 0569-4324 001497001497001523001523001523001522001522 001522 001522 001521 001522 001521 •OMOHOHOHOHOHOH OH OH OH OH OH 030329 1994/04/11 $1,135.28 $1,135.28* NSP STREET LIGHTING 0249-4325 001498 OH 030330 1994/04/11 $99.68 $99.68* OMAN/LYLE MILEAGE 0174-4381 001526 OH 030331 1994/04/11 $222.01 $222.01* PLUMBINQ/HEATING DOCTO REPAIR HIGH PRESS WA 0099-4342 10502 OH 030332 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 $15.00 $15.00 $15.00 $15.00 $15.00 $75.00* POST BOARD POST BOARD POST BOARD POST BOARD POST BOARD SULLIVAN-POST LICENS TOMCZYK-POST LICENSE SCHOENHOFF-POST LICE TOMCHECK-POST LICENS THOMTON-POST LICENSE 0129-4383 0129-4383 0129-4383 0129-4383 0129-4383 001527 001527 001527 001527 001527 OH OH OH OH OH 030333 1994/04/11 1994/04/11 1994/04/11 1994/04/11 $130.42 $19.53 $21.00 $336.10 $507.05* PRO TIRE & EXHAUST PRO TIRE & EXHAUST PRO TIRE & EXHAUST PRO TIRE & EXHAUST MAINT SQUAD 165 MAINT SQUAD 165 MAINT SQUAD 168 MAINT SQUAD 168 0129-4341 0129-4341 0129-4341 0129-4341 1266 1681 1647 1500 OH SI OH 030334 1994/04/11 $4,428.04 $4,428.04* PUBLIC EMPL RET ASSN PERA 3/14-3/27 9999-2031 001499 OH 030335 1994/04/11 $199.53 $199.53* R 4 T SPECIALTY INC DARE SUPPLIES 0840-4243 14539 OH 030336 1994/04/11 $3.73 $3.73* R C INDENTIFICATIONS ID CARDS 0129-4210 017321 OH * 030337 1994/04/11 $114.60 $114.60* REED VENDING CANDY ROLLS 0591-4802 11465 OH 030338 1994/04/11 $32.75 $32.75* RETTINGER BROS OIL CO KEROSENE-STEAMER 0249-4220 3402/3656 OH 030339 1994/04/11 $4.30 $4.30* RITZ CAMERA FILM PROCESSING 0129-4210 3765649 OH o o oCOUNCIL CHECK REGISTER Fri Apr S 1994 00:02:50CHECK NO CHECK DATE CHECK AMOUNT VENDOR t>DESCRIPTION030340030341 030342 030343 030344 030345 030346 030347 030348 030349 030350 030351 1994/04/111994/04/111994/04/111994/04/111994/04/111994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1914/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 S74.19 $74.19*$24.50 f11.2P $13.30 $18.10 $67.10*$213.75 $219.60 $433.35* $340.12 $340.12* $187.50 $187.50* $5.59 $5.59* $19.12 $40.47 $53.14 $112.73* $12 . 0 $142.50 $23.75 $23.75 $23.75 $11.75 $23.75 $23.75 $285.00* $456.56 $456.56* $42.52 $77.00 $123.20 $13.86 $256.58* $433.72 $530.11 $963.83* $949.37 $949.37* SCHWAAB INCSEW LIKE NEW SEW LIKE NEW SEW LIKE NEW SEW LIKE NEWSPAULDING SPAULDING DATE STAMPERSCORNICK-ALTERATIONS BLANKET PATCHES THOMTON-ALTERATIONS MCNICHOLS-ALTERATIONGOLF BALLS GOLF BALLS SPECIALTY EQUIPMENT CO REPAIR HIGH PRESSURE SPRING PARK CAR WASH 50 CAR WASH TICKETS STA-SAFE LOCKSMITHS CAR KEYS STRETCHERS STRETCHERS STRETCHERS STRINGER STRINGER STRINGER STRINGFR STRINGER STRINGER STRINGER STRINGER BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM flashlight repair CALIBRATE TINT METER FLASHLIGHT BATTERIES FAX PAPER FAX PAPER FAX PAPER FAX PAPER FAX PAPER FAX PAPER FAX PAPER FAX PAPER SUBURBAN TIRE INC THE LAKER THE LAKER THE LAKER THE LAKER TOWN i COUNTRY TOWN & COUNTRY TRI STATE PUMP 12 TIRES DISPLAY AO LEGAL PUBL APPLICATI PUBLISH ORD 9125 PROPOSED CODE AMEND JANITORIAL APRIL JANITORIAL APRIL PUMP REPAIR/OS 93 ACCOUNT 9 Pag* 50129-4210 L368248 OH0129-4221 001530 OH0129-4232 001530 OH0129-4221 001530 OH0129-4221 001530 OH0591-4800 HQ0453 OH0591-4800 HF8654 OH 0099-4342 25510 OH 0129-4341 001500 OH 0129-4341 3012 OH Oi?9-4342 81559 OH01/9-4342 82963 OH0129-4232 83105 OH 0590-4210 198011 OH0129-4210 198011 OH0569-4210 198011 OH0249-4210 198011 OH0174-4210 198011 OH0549-4210 198011 OH0069-4210 198011 OH0039-4210 198011 OH 0129-4232 049115 OH 0590-4323 001492 OH0174-4322 897-898-899 OH0174-4322 638 OH0174-4322 897-898-899 A ' .Mi OH 0129-4349 001531 OH0099-4349 001531 ..w * ■ 0569-4344 10480 '• :' ■.* '• OH ' • . • i ‘. i» .tA t) COUNCIL CHECK REQISTER Fri Apr 8 1994 00:02:50 P«9t 6CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM.MANUAL0303521994/04/11 $537.77$537.77*TWIN CITY GARAGE DOOR REPAIR GARAGE DOOR-P 0099-4343 34001 OH•*030353 1994/04/11 $295.51$295.51*US WEST CELLULAR INC CELLULAR PHONES 0129-4320 001501 OH 030354 1994/04/111994/04/111994/04/111994/04/111994/04/111994/04/111994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 1994/04/11 $80.84$12.12$80.84$51.82$91.22$149.50$40.42 $53.88 $54.93 $247.99 $28.30 $91.22 $54.16 $1,037.24* US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON US WEST COMMON TELEPHONETELEPHONETELEPHONETELEPHONETELEPHONEADVERTISINGTELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE 0249-43200549-43200059-43200590-43200039-43200590-43230069-43200590-4320 0175-4320 0129-4320 0569-4320 0174-4320 0549-4320 001502001502001502001506001502001505001502001505 001504 001503 001502 001502 001532 OHOHOHOHOHOHOHOH OH OH OH OH OH 030355 1994/04/11 $261.14 $261.14* VIKING INDUST CENTER REPAIR EXPLOSIION ME 0569-4342 498800 OH 030356 1994/04/11 1994/04/11 $11,680.93 $11,228.38 $22.909.31‘ WALDOR PUMP WALDOR PUMP LStlS PUMPS REPLACED LS820 PUMPS REPLACED 0590-4344 0590-4344 28827 28826 OH OH 030357 1994/04/11 1994/04/11 1994/04/11 $40.00 $40.00 $40.00 $120.00* WARNING LITES OF MN WARNING LITES OF MN WARNING LITES OF MN BRINKHAUS-SEMINAR PALMER-SEMINAR SKREEN-SIMINAR 0249-4356 0249-4356 0249-4356 009456 009456 009456 OH OH OH 030358 1994/04/11 $39.48 $39.48* WECKMAN STEPHEN MILEAGE 2/23-3/25 0174-4381 001508 OH 030359 1994/04/11 1994/04/11 $40.00 $37.20 $77.20* WEEKLY NEWS INC WEEKLY NEWS INC ADVERTISING ADVERTISING 0590-4323 0590-4323 00017148 0017243 OH OH 030360 1994/04/11 $457.50 $457.50* WIDMER BROS REPAIR CURB STOP CAS 0549-4345 13016 OH 030361 1994/04/11 $9.00 $9.00* WRIGHT HENN ELECTRIC STREET LIGHTING 0249-4325 001507 OH 030362 1994/04/11 1994/04/11 $104.08 $158.54 $262.62* YOCUM OIL CO INC YOCUM OIL CO INC HEATING OIL SHOP HEATING OIL CLUBHOUS 0590-4324 0590-4324 511364/511366 511364/511366 ^ OH ’ - OH $60,108.48 V t.- -- . V ^ ,#r- ■ o o o INFORMATION ITEMS COUNCIL MEETING bi^UiLMEEHNC APR J 1 1994 CtlYOFORONO OF MEVUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Charles Schroeder, Charles Nolan Jr., Sandra Smith, Stephen Peterson, Janice Berg, Candace Rowlene and Dale Lindquist. The following represented City staff: Building & Zoning Administrator Jeanne Mabusth and Recorder Lin Vee. Chair Schroeder called the meeting to order at 7:00 p.m. (#2) #1906 GEORGE M. ROSCOE 4030 ELM STREET - VARIANCE - PUBLIC HEARING 7:00 P.M. - 7:11 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Roscoe and Bob Huibrecte, their builder, were present. Mabusth explained that the applicants were seeking only a lot area variance. She noted this lot was consistent with other lots in the Minnetonka Summit Park neighborhood. Neighboring properties range from .50 to .80 acre. Roscoe explained that they purchased the property in December, 1993 with an existing single family home and single ca* garage which they intended to demolish and rebuild. They were misinformed ib .««»’he one acre and 80% requirements. They hope to begin construction of a new residence when road restrictions are lifted. The property was listed and sold for land value only. He added the two wells on the property were abandoned and a new well is to be installed. Mabusth discussed the severe elevations at the east lot line indicating that the proposed drainage will follow to the south to Elm Street. Smith asked if the Roscoes had comments from the neighbors. Mr. Roscoe replied the neighbors were pleased to see the demolition and a new house being constructed. Peterson expressed concern about directing too much runoff to the west side of the property where a creek exists. Roscoe explained this was the Park Avenue right-of-way which receives runoff from the unimproved road corridors to the north. It was moved by Smitli, seconded by Lindquist, to approve Application #1906 for George M. Roscoe, 4030 Elm Street, for a lot area variance to construct a new residence. Ayes 7, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 19W inV) #1898 PAUL AND ROSE HAUSER ^ 2801 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING - 7:12 P.M. - 7:19 P.M. The Chairman announced that this is the continuation of a public hearing originally held at the January 18th meeting of the Planmng Commission. Mr. and Mrs. Hauser were present. Mabusth reviewed the proposal for an addition at 32’ x 25’ submined for the Jan^ty tneetmg and the current proposal at 25’ x 27'. The proposed addition is reduced by 75 s.f with a reduction in the driveway of 69 s.f. and the removal of a lakeshore staircase. PlaniMg Commission members had previously had no objections to the setback vari^ for the bie^fast nook addition and after-the-fact deck because there was sufficient room for safety vehicles to maneuver and the breakfast nook addition was exposed to a neighbonng garage^ Mabusth explained the hardcover in the 75-250’ setback area was originally proposed at 30.8% and has been reduced to 28.6%. Within the 250-500 ’ setback area, hardcover was at 56.9% and is proposed at 30%. Smith noted there was no typical arrangement for garage placement on properties in the Casco Point area. Often garages are kept near the street to minimize hardcover. Aesthetically she would like to see a different placement of the garage but had no better suggestion. Nolan asked if the sidewalk would be moved closer to the garage. Hauser confirmed it would be moved under the overhang. Rowlette commented the applicants had made a good effort at improvements. It was moved by Rowlette. seconded by Nolan, to approve Application #1898 for Paul a^ Rose Hauser, 2801 Casco Point Road, to allow variances for side setbacks, an average lakeshore setback and hardcover for additions to the existing residence. Ayes 7, nays 0. (#3) #1907 JAMES AND JOANN JUNDT 1400 BRACKETT’S POINT ROAD - VARIANCES 7:32 P.M. - PUBLIC HEARING - 7:20 P.M. - The Affidavit of Publication and Certificate of Mailing were noted. Scott Crawford was present to represent the applicants, Mabusth explained the applicants’ proposal to renovate a stone step accessway and railmg. At an earlier review, the Planning Commission approved replacement of stone steps m anomer location that had been incorrectly removed. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#3) #1907 JAMES AND JOANN JUNDT - cont. Members discussed the existing boathouse noting that any structural repair of the boathouse would require approval of the City. Schroeder asked if the same ordinance applied to the grotto at the lakeshore. Mabusth explained that when any improvements were proposed within lakeshore, variance approval is required. The repair of the stone steps also involves slight land alterations within the protected area and the City is concerned about soil erosion. Rowlette questioned if four staircases for 600 ’ of shoreline was appropriate aral thought this should be discussed at some It t^^re date. Smith asked if the steps were being repaired to maintain the ambiance of the lakeshore or if they were functional. Lindquist noted people would be walking down to the lake at different places and the steps would be useful or they would be crawling up and down the bank. Smith did not see any problem in repairing the most northerly steps because there were potential erosion problems. Schroeder asked that the applicant recognize that when the wooden boat facility deteriorates, it will need to be removed. Rowlette agreed because there is already hardcover allowed with the steps in the 0-75’ setback area. Crawford agreed to discuss the Planning Co.Tunission’s request to consider the removal of the boathouse with the Jundt’s. It was moved by Lindquist, seconded by Berg, to approve Application #1907 for James and Joann Jundt, 1400 Brackett ’s Point Road, for variances to repair two stone step accessways as needed. Ayes 7, nays 0. (#4) #1908 DAVID CARLSON 620 BIG ISLAND - CONDITIONAL USE PERMIT/VARIANCES - PUBLIC HEARING 7:33 P.M. - 7:41 P.M. The Affidavit of Publication and Certificate of Mailing were noted. David Carlson was present. Mabusth reviewed the applicant’s proposal to install a 12 ’ x 18 ’ storage shed witliin the flood fringe area of Lake Minnetonka. The Watershed District has reviewed this request and advised they had no problem with the proposal. She noted that all setbacks except the average lakeshore setback were met. No hardcover problems existed. If the shed were moved out of the flood fringe area, it would be too close to the septic area and the 30 ’ interior lot line setback would not be met. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#4) H90S DAVID CARLSON - cont. CErison stEted e shed hEd previously existed End hEd been moved. He Edded thEt it would not be on E cement slEb but on pilings (932.5 elevEtion) similEr to the new CEbin to Evoid Hood conditions. Smith Esked if the shed could be EttEched to the cabin so there would not be En EdditionEl structure on the property. CErlson responded that it would cost approximately $30,000 to get a crane back on the property to add pilings to the cabin. He explained the shed would match the design of the cabin. The shed will be placed on hand-poured footings. Nolan asked if the flood fringe area was part of the flood plain. Mabusth responded affirmatively and added that the flood plain area cannot be altered so as to change retention capabilities. Schroeder felt there were safety concerns also. Smith asked what would be stored in the shed. Carlson replied there would be a lawn mower, water skis, children ’s water toys, etc. that are now stored on the porch. Schroeder noted the hardship for this applicant is that nothing on this unique property exists outside of the flood fringe. It was moved by Nolan, seconded by Peterson, to approve Application #1908 for David Carlson, 620 Big Island, for an accessory structure to be placed in the flood fringe area, provided the structure is raised above the flood fringe (932.5) and approving a variance to the average lakeshore setback. Ayes 7, nays 0. (#5) DAVID L. AND MARGARET H. VERGEYLE 1485 GREEN TREES ROAD - VARIANCE - PUBLIC HEARING 7:42 P.M. - 8:34 P.M. The Affidavit of Publication and Certificate of Mailing were noted. David and Margaret Vergeyle were present. Mabusth reviewed the definition of bluffs as a steep slope that is located in the shoreland area and rises 25’ above the OHWL of the water body. The grade from toe to a point at least 25’ above the water is 30% or greater and must drain toward the water body. The "toe of the blufr means the lower point of a 50’ segment with an average slope exceeding 18%. "Top of the blufr is the higher point of a 50’ segment with an average slope exceeding 18%. There is a 30’ setback for structures from the top of a bluff. The "bluff impact zone" is the area within 20’ of the top of the bluff. MabusA referred to overhead diagrams in explaining these definitions. The regulations apply to shoreland areas within 1000’ feet of a water body. The intention of the code is to prevent erosion of steeper elevations that drain to lakes. Staff would like to redefme the "top of bluff to be less restrictive. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#5) DAVID L. AND MARGARET H. VERGEYLE - cont. M^ibusth noted that the Vergeyle property is the last of the lots to be developed in the Green Trees on Tanager Lake subdivision. She explained that the applicants have been working with staff to get a building permit approved. The lot was approved in 1980 at . .69 acre. A driveway easement was created that additionally reduced the si/e of the lot. This would have required the applicants to seek a lot area variance. The Vergeyles rid themselves of the driveway easement but now have been told they have a bluff to deal with. Mabusth reviewed a diagram of the Vergeyle pri perty indicating the visual and code definitions of "top of bluff" somewhere between the 950 and 959 elevations. If the house were moved further away from the bluff impact zone and placed closer to the road, this may have a negative impact on the aesthetics for the rest of the neighborhood. Nolan asked how the visual top of bluff was determined. Mabusth responded that determination was made just by looking at where the slope starts to level off and steeper elevations end. Mabusth explained that the applicants propose to set the house at the top of the bluff determined by the visual standard which accommodates the 50’ street setback. The City Engineer has confirmed there is no need to continue filling beyond the lakeside foundation of the residence. Smith asked why the lot was created as it was when the bluff existed at the time of platting. Mabusth replied that bluffs were not recognized at the time. TTie setback was 75’ from the shoreline at that time and now there is a 100’ setback. Schroeder felt the real issue with the bluff is erosion. He had no visual objection as it is consistent with the neighborhood. He asked the builder if it were possible to move the house closer to the road to minimize erosion. The applicants replied that they had tried to stay behind the 50’ required street setback and septic setbacks. David Vergeyle noted that if the house were moved closer to the street there could be septic setback problems and may not be aesthetically pleasing. Schroeder thought he may be more likely to approve of a street setback to prevent erosion problems. Smith asked the square footage of the proposed home. The applicants responded it was 4400 s.f. (2200 per floor) to be constructed as a one-story walkout. David Vergeyle explained they had worked very hard with their builders to stay within the building envelope and the design of the home had bwn reduced twice already. Smith noted the home was comparable in size to other homes in the neighborhood adding that perhaps this lot would dictate a smaller home in order to accommodate the uniqueness of the lot. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#5) DAVID L. AND MARGARET H. VERGEYLE - cont. Lindquist asked for further explanation of the grading plan. Mabusth explained that filling would stop at the main foundation to the lakeside of the home. Rowlette asked to see a diagram with the footprint of the house. Peterson inquired about the proposed roof drains noting that in a recent application a unique percolation system had been designed to address erosion. Mabusth responded that the applicants had no hardcover problem and the roof drains were proposed to minimize potential erosion. She noted there is a wetland at the bottom of the property. The property has a right to have a dock but certain standards must be followed to minimize any impact. Rowlette asked who would be involved in the dock approval. Mabusth replied there would be a City permit required and review by the LMCD. The dock would have to be placed at the 929.4 elevation. Schroeder reiterated that erosion must be a major concern to the owners and builder.' He asked if it made sense to move the house into the 50’ street setback area. Nolan questioned if the filling would be minimized if the house were moved 10 ’ closer to the street but not up to the street to take advantage of the flat area. He expressed his appreciatior. for the care the applicants took to stay out of the 50’ setback area but was unsure if that was the most important thing in this case. Nolan thought the house could be Juggled around the septic drainfield. David Vergeyle thought that was possible but noted they bought the property also because of the lakeviews and wanted to keep that as a consideration. Schroeder noted there was a general willingness to consider a variance to the 50’ setback in exchange for improving the erosion issue. The applicants indicated there was a financial incentive to consider moving the house back 10 ’. Rowlette expressed her views against granting variances on a new lot. She felt there were solutions such as changing the design of the house. Margaret Vergeyle explained that the house had been designed based on the setbacks tfiey knew about. Nolan agreed that the applicants did not know they were going to have the bluff problem and was willing to consider a modification to the street setback. He was not suggesting any encroachment to the septic system. He did not feel 10 ’ was an absolute number and the applicants should work toward a number around 10 ’. David Vergeyle asked if there would be a problem with the side yard setback since that side faced the neighbor’s garage. Nolan did not think there would be a problem. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#5) DAVID L. AND MARGARET H. VERGEYLE - cont. Rowlette sUted the Planning Commission was in the position of either denying the application and sending it on to Council, tabling it to be reconsidered by Planning Commission or approving it as proposed. The builder noted the roof design was to be contemporary and flat with water drainage having less impact on the lot than currently exists. The drainage would be carefully directed. Lindquist noted there were drains proposed on each side of the house to the 933’ elevation. Peterson questioned if the drainage would be properly percolated before entering the lake. Mabusth responded that the water would be outletted at the 125’ setback. The City would be concerned with the velocity and would want to make sure that there were no erosion problems at the site where it outletted in the lower lakeshore yard. Mabusth reviewed the "common sense" defmition noting it would not significantly help the applicant in this case noting the location of house to the 950 elevation was the visual and the 960 elevation as defined by code. Schroeder noted that this lot would be unbuildable if all codes were adhered to. He was inclined to approve the application if the house were moved back if it made sense. Nolan was concerned with the fill issue. Mabusth noted that by moving the house back even 10’, technically it would still be in the bluff impact zone but would reduce filling in the protected area. Lindquist was sensitive to the effort th«; applicants have made in working with this property and would probably vote for this variance if the house were moved. He expressed his concern regarding filling activities. Nolan felt the applicants were willing to come back to the Planning Commission with some proposed revisions. David Vergeyle did not see any problem with repositioning before the next Council meeting. Nolan stressed that repositioning would only be important if there was some benefit realized. Smith stated she would like to see the proposed changes before sending to Council. She would be willing to look at street setback variances. David Vergeyle stated that delays are costing them money and would like to see this brought before Council as soon as possible. MEWTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#5) DAVID L. AND MARGARET H. VERGEYLE - cont. It was moved by Schrocder, seconded by Lindquist, to approve Application #1909 for David and Margaret Vergeyle, 1485 Green Trees Road, as proposed requiring the approval of variances for the proposed house that will be located within the bluff impact zone with the proviso that the applicants need to make a case to the City Council that there is a compelling rea^n not to move the house approximately 10’ and also recommended approval of up to a 10’ street setback variance to accommodate the move of the house. There is to be no further fill to the lakeside of the foundation and the lunoff from drains will incorporate appropriate percolation if feasible. Ayes 4, nays 2, 1 abstention. Smith was opposed to approving this application because she was uncertain that leaving the dc-ision up to the applicants as to whether to reposition the house or not was the conect way to proceed. She felt the application was being moved along too quickly. Rowlette understood the investment and redesigns the applicants have worked on but felt part of their problems were related to the design of the house. She thought a different house design with a different driveway approach may help them work within the building envelope. Berg abstained due to a potential conflict of interest. Schroeder noted this was the first application the Planning Commission had dealt with that involved the bluff impact zone. The bluff ordinance made the Vergeyle lot unbuildable. The builder requested that the City advise prospective builders of such ordinances since the Vergeyles had been working on the design of their home for over VA years. He stated 80% of the homes on the lake are built in these zones. Mabusth noted that anytime any of those properties proposed any additions, they would be required to apply for similar variances. The builder felt most of the existing homes did -ot have erosion problems even Uioagh they were built in the bluff impact zone. (#6) #1910 ORONO SCHOOL DISTRICT #278 795 OLD CRYSTAL BAY ROAD NORTH - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING 8:41 P.M. - 8:55 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Neal Lawson was present representing the school district. Mabusth explained this application involves a request to install a storage shed in the northwest comer of the property noting the applicant was unaware of the required 50’ setback and is willing to meet this setback. The applicant is also proposing a bleacher/storage strucmre along the east side of the property adjacent to the tennis courts. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#6) #1910 ORONO SCHOOL DISTRICT #278 - cont. Mabusth stated the proposed shed will not be screened by the treeline and affects the neighbor to the north. The structure will meet the 50’ setback with a teight of 15-16’. Flood lights will be installed facing the school. The building is proposed of steel siding with wood trusses. Schrocder asked Lawson if there would be a problem providing additional screening. Lawson replied that he was unsure if additional screening will help very much. Smith asked if there was any possibility of locating the shed next to one of the existing dugouts or attach it to an existing strucmre so there were fewer strucmres scattered throughout the property. Lawson did not see the strucmre as being randomly placed. If it were attached to the dugouts, a variance would be required and there could be obstruction of the view of the baseball field. L..wson commented that most of the facilities are used by community groups who use the buildings for storage of youth equipment. It was determined that this location was the best for the storage shed and doesn’t interfere with other activities. This is an out-of-the-way area and is not useable for anything else. Smith asked where the seating for the tennis courts and small storage area were to be located. Lawson explained it would not affect existing trees. The school has an orchard from which trees have been relocated to other areas of the school property. It was moved by Peterson, seconded by Rowlette, to approve Application #1910 for the Orono School District, 795 Old Crystal Bay Road North, for a conditional use permit for two accessory strucmres to be moved back to the 50’ setback with staffs recommendation for proper lighting and erosion control. Ayes 7, nays 0. (#7) #1911 ERNEST LEMMERMAN 4620 TONKAVIEW LANE - VARIANCE - PUBLIC HEARING 8:56 P.M. - 9:39 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Mr. and Mrs. Lemmerman were pres-^nt. Mabusth reviewed the lot line rearrangement which determined a building envelope that was approved before anyone was aware of the bluff impact. She reviewed the bluff definition of 50’ segments with an 18% or greater slope. Nolan questioned why the Planning Commission was reviewing this application now instead of at the time of an acmal building permit application. Mabusth responded that an area variance needs to be dealt with as part of the subdivision application and a building envelope defined. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 19W (rj) #1911 ERNEST LEMMERMAN - cont. Members questioned why the bluff was not addressed at the time of the original subdivision review. Mabusth advised prior to filing the subdivision application, the surveyor advised of boundary problems and that torrens department would require a plat. The City would have accepted a simple metes and bounds division. Because of the costs involved, the applicant chose to first file the subdivision application and receive conceptual direction from Council before filing area variance, completing formal plat and possible registration of lands. She added that the bluff issue became effective in April of 1993. She did not get topographic information until the night of the February meeting. Nolan asked if this lot were within 1000 ’ feet of shoreline since the bluff issues are part of the Shorcland Regulations. Mabusth confirmed that the property is within 1000 ’ of Forest Lake. Members felt this ordinance was a little too restrictive. Marsha Hickey, 4640 Tonkaview Road, stated that when they moved in they were under die assumption that lots were to be 1 acre or greater. Mabusth confirmed this was a 1 acre zoning district. Hickey objected to the proposed lot being less than 1 acre. Lemmerman replied that he had attempted to do a lot line rearrangement with the Hickeys in 1986 but they were not willing to proceed so he decided to move ahead with a different approach. Schroeder noted this area had many lots that were less than 1 acre. Nolan stated the lot was considered a buildable lot prior to the proposed lot line rearrangement. They were trying to make the lot a better lot for building. The adjacent developed lot is small at 75’ X 100 ’. Schroeder asked if Lemmerman planned to build on the proposed lot. Lemmerman responded that he did not but wanted to sell the property as a buildable lot. Mabusth explained that the building envelope is defined by the visual top of bluff. Lemmerman noted that City sewer was available to this lot which was different than the previous application. A 30’ X 80’ building envelope exists. Mabusth reviewed comments made by Ceil Strauss of the DNR who had no problem with accepting the visual top of bluff. She explained that the Planning Commission is being asked to approve a lot area variance and it should be noted that there is a bluff impact zone within this property and that a building envelope is defined. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#7) #1911 ERNEST LEMMERMAN - coot. Lindquist opposed making a decision on this request until the code definitions were cleared up. He thaf by the current code definition. Parcel A is not a buildable lot and wanted clarification as to whether the visual or code definition was to be applied to this property. He felt this was different than the previous application because this subdivision application has not been approved whereas the Vergeyle lot was already created. ^ labusth agreed with Lindquist s opinion and suggested tabling this application until an amendruent of the bluff impact zone could be considered or the Planning Commission could deny the current request. Lemmerman expressed his frustration with the money he has spent only to find out now that the lot is unbuildable. Mabusth noted that the lot could be built on at the lower elevations where the original home was located but that is not what the applicant wants. The Council was also unaware of any bluff impacts when they conceptually approved the lot .me rearrangement. Rowlette felt if the Planning Commission approved the lot line rearrangement that they in effect approved the lot area variance at the same time and they should not be looking at this request until someone wants to build on the lot. Mayor Callahan stated his understanding was that the lot line rearrangement came to the Council with approval from the Planning Commission. However, staff felt another hearing would be because Mr. Lenunerman needed to complete a formal plat rather than a simple metes and bounds subdivision. The Lemmermans had to stop and go through a registration. The applicant did not want to proceed with the area variance when he found out how much money it would cost so proceeded with a lot line rearrangement to get conceptual approval. Schroeder reviewed previous steps in the application. With the topographic maps provided and consideration of the bluff impact zone, this lot would be considered unbuildable without variances for lot area and bluff impact zone. He asked if the Planning Commission used the visual top of bluff and approved the building envelope if they would see an application for actual proposed construction. Mabusth replied that performance standards exist for staff to work with and if the setback is met, only staff would deal with a building application. Schroeder noted for that to happen, the Planning Commission would have to decide to use the visual top of bluff for this application. Schroeder explained the bluff impact zone has been established to protect erosion from bluff areas. Rowlette added that when hardcover and structure are added to a lot, more nmoff and water exist and it moves faster. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (r7) #1911 ERNEST LEMMERMAN - cont. It was moved by Lindquist, seconded by Smith, to table Application #1910 for Lemmerman, 4620 Tonkaview Lane, for a lot area variance and a variance that would allow encroachment of the bluff impact zone for 30 days to allow the City time to make a determination of the interpretation of the bluff impact zone. Ayes 4, nays 3. Rowlette was opposed to tabling the application because she felt the Planning Commission did not effecti%'^>y do its job by not bringing the bluff issue to Mr. Lemmerman’s attention at the beginning of his application. She felt a decision should be made according to what would be reasonable for this lot and then consider how future bluff issues should be handled. Peterson and Berg agreed with Rowlette. Schroeder asked Lemmerman how the delay of 30 days would affect him. Lemmermm responded that it would not hurt him but questioned if it would be a buildable lot and where he should go from this point. Lemmerman stated he has already spent a lot approval. Schroeder replied that, technically, they could not say the lot would be buildable. (#8) REPORT BY PLANNLNG COMMISSION REPRESENTATIVE Rowlette reported that Council tabled the Tandem Properties application at their March 14 meeting There was much discussion about drainage issues and Council felt the Plannmg Commission had done a good job in addressing the drainage issue. The fact that the bike trail must be located 30 ’ in was never brought up at Planning Commission meetmgs, even with Par Commission representatives present, which affects two lots. The b&e path was not ^^wn on any plans. Planning Commission members thought the trail would be in the road r‘gbt-of-w^ for Old Crystal Bay Road. Mabusth noted that an on-site meeting had been scheduled for 5.W p.m. March 21, 1994 and the bike trail issues would be resolved. Hurr did not approve of the cul-de-sacs because they did not meet code and roads should have been connected where possible. (#9) OTHER ISSUES Schroeder reported that the joint Council/Planning Commission work session was very productive with much discussion regarding the B-2 zone. Meetings need to be scheduled to discuss the B-2 zone and amendnient to the bluff impact zone ordinance. Members preferred a 5:00 p.m. meeting and Gaffron is to schedule. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MARCH 21, 1994 (#10) APPROVAL OF MINUTES It was moved by Schroeder, seconded by Lindquist, to approve the minutes of the January 18, 1994 and February 22, 1994 Planning Commission meetings. Ayes 7, nays 0. (#11) REPRESENTATIVE TO THE COUNCIL MEETING Nolan volunteered to attend the April 11, 1994 Council meeting. Smith also plans to attend. ADDITIONAL CO.MMENTS Callahan commented that during the work on the Shoreland Regulations, Council did not want to adopt the bluff impact zone but Gaffron indicated the DNR may not accept the ordinance without this being included. Jabbour noted that Orono was one of the first cities to adopt the Shoreland Regulations. Since that time, other cities have had more flexibility when adopting the ordinance. He stated much of the bluff ordinance was written to address concerns for the Mississippi and St. Croix Rivers. He would not hold to a strict use of the bluff impact zone. Mayor Callahan agreed. Mabusth explained the DNR is aware that Orono will want to change sections of this ordinance. Peterson congratulated Dale Lindquist and Janice Berg on their reappointment to the Planning Commission for three more years. 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