Loading...
HomeMy WebLinkAbout11-17-1986 Planning Packet¥m - ‘-M £mf.“fj^‘v A '' , ?.,j(ia4« * ' • . i^'flSS^'JBSL'w j-V'5<*Kt’? •- ,;’**iaik.,;./■ ^ ;» kv: >> ■.,.'mmmm,.m*'-, 'u ' ; ifwSlP'^■ ■'.; ?C ^ V . r; ^ \. rw^: '“■ 4^ i" ■j-i.. » •■ •>: i ir^ .' i-\ ^ ■>••..r. - v4" -.V. m, :■• '*^ "ili|4 -'&^ ' v4'-- !^V • .V ^ v-^’ :? PLANNING COMMISSION MEETING MONDAY, NOVEMBER 17, 1986 7:30 P.M. 1275 BROMN ROAD SOUTH - COUNCIL CHAMBERS COUNCIL REPRESENTATIVE - Tim Adams ATTENDANCE PUBLIC BEARINGS 1. 7:30 p.m. #1090 Roger Hollander, 200 and 250 Hollander Road Subdivision 2. 7:45 p.m. #1093 P & A Investment, 1380 Sixth Avenue North Subdivision 3. 9:00 p.m. Zoning Amendment - Performance standards for non rental/guest apartments within principal residences. ACTION ITEMS 4. #1074 Grace Baptist Church, 2830 Shadywood Road - Variance - Second Review 5. #1083 6.#1087 7.#1088 8.#1089 9.#1095 SKETCH PLAN 10.#1091 11.#1092 Thomas Bernier, Doug Klint and Gary Barr, 3535, 3545 Ivy Place and 3034 Casco Point Road -- Renewal of Subdivision Application - Second Review David W. Anderson, 860 Forest Arms Lane ~ Conditional Use Permit — Public Hearing Dale J. McCurdy, 4041 North Shore Drive - Variance - Public Hearing - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - -— ^ «i. , Variance - Public Hearing - -U — —' - - ^ r mm ^ ^ ^ V AA Conditional Use Permit - Public Hearing Sketch Plan Review Sailors World Inc., 1960 Shoreline Drive - Sketch Plan Review ADDITIONAL ITEMS 12. Planning Commission approval of October 20, 1986 minutes. 13. Planning Commission to select a representative to attend the December 8, 1986 Council Meeting. adjournment PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE \ i ! ! 1! PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS/^ NAME (please print) -C (5L>t 4. ■tL AiiciZ, / /AACJ^'L/UC 10 > & s 11. cA '/ V KJV>v/' 16. Jr;^5 17^ iL-y' V 19./ 20^___ - .yy^L, ftTt 2 3 ’ '7^ Cii L,q. y £ /* 2- y 6- (lrC./^£^ j. a ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) C 7^>'' / ? .7 / 7 (y yf V: C'* ^ /X^: 3 P s / L^ '^Lu^ /c/A /'A'AAa r. K //ayh-'Of^ 11 '7 r?"7 > X ZX/ j (X.> p 2^ 9 C' mF,- ^/,L^ . /C? UJr'i ’h 7 ^ :> / /kVo kV ^'7 /- yO^'y/______1/^7 AAA/;iffiCy_)9 / /: /;-? //r/;;K /^T'/ FfC^f2ll^l !,kc 'V. :/r;,c Pj' ^ }bPt^ T/^^i'(tb/iL^i fid V^/tc ikJt/7 //AA'H /c /3 ■1 To: igenda) 8« Date Mary Butler, Mayor Mark E. Bernhardcon, City Adminictrator Orono Council Members Orono Planning Commission Members Michael P. Gaffron, Asst Planning & Zoning Administrator November 11, 1986 Subject: #1090 Roger W. Hollander (Estate of Hildur P. Hollander), 200-250 Hollander Road - Preliminary Subdivision - Public Hearing Zoning District - RR-lB, 2-acre rural residential Application - Divide existing 4.68 acre outlet into 2 building sites (both with existing residences). List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit P - Exhibit G - Exhibit H - Application Plat Map Property Owners List Survey/Preliminary Plat Preliminary Plat With Staff Notes Letter From Neighbor Steven S. Weinstein of 11/6/86 Resolutions #1055 & 1428 Approving Previous Hollander Road Subdivisions Alan Olson's Memo of 10/13/78 Regarding Preliminary Approval of Original Subdivision - Specific Requirements and Follow-up Notices Pertinent Facts: Total Acreage; 4.68 Acres Wetlands: 0.40 Acres (all in Lot 1) Total Dry Acreage; 4.28 Acres Proposed Lot 1; 2.16 Dry Buildable Acres Proposed Lot 2; 2.12 Dry Buildable Acres I• Introduction This is a request to divide the existing Outlot B of Holly Acres into two building sites. Aspart of the original subdivision of Holly Acres, Outlot B was left as an outlot with the original subdivider's (Mrs. Hildur P. Hollander's) newer residence, a rental house next to it, and a farmhouse with outbuildings in which her son, John Hollander, resides. At the time of the original subdivision, the City stipulated that; 1. The farmhouse and rental house were non—conforming structures; 2. No permits for principal or accessory structures on Outlot B would be issued until Outlot B was further subdivided (see Resolution J. 0 3 S } • ring )oth ;s uld ion Zoning File #1090 November 11, 1986 Page 2 II. Issues Unresolved Prom Previous Subdivision Approvals A. Garage on proposed Lot 2: from the P>^oP°sed Lot 2 was to be removed aoD^val in^Q7r ? condition of original subdivisionapproval in 1978. Pol low-up inspections conducted in 1979, 1980 and 1986 indicate this has never been done. B. Access driveway to County Road 6: An access driveway serving the residences on proposed Lot 1 was to be removed and regraded to eliminate any direct acceL o?f of CountTload 6. Road** but^^hlf ni'a* athose residences from Hollander Road, but the old driveway was never removed and today is still used as a primary access from County Road 6. C. Road outlet ownership: years persisted in trying to have the Citv take over Hollander Road as a public road. The City never intended it to wri’l"nit^thaf the road as public. YoS with Hlldur*^p’^ listed Orono as "taxpayer" on the road outlot1th Hildur P. Hollander as owner (see property owners list). The Citv has been doing battle with Hennepin County over this for at least 3-4 years. AssociatiorT^n^mafnf never filed the paperwork to create a Homeowner's HolTan^i^ existing homeowners served by AsiociatiL unanimous agreement regarding a Homeowner's going probTem^ maintenance and ownership of the road is a potential on- III. Issues and Facts Regarding Proposed Lots: A. Lot 1 Lhibit*E‘^ well on Lot 1 are approximately as shown onExhibit E. Soil testing to find an alternate site for the large house but no report as of this writing. Note that driveway might be over the existing drainfield, but it is functionino adequately. The small rental house has a septic system, but no well to staff's knowledge. wexi '^equl'^ed 30- side setbacks and other required setbacks from proposed property lines. he ^ requires a variance to lot width as measured at the 50 setback from County Road 6 (186.90' where 200' is required) lot width requirement as measured based on the private road being the front yard. private ■Jl oved sion 1986 s. n on 3use sway ling tell ther Zoning File #1090 November 11, 1986 Page 3 4. This is a "through” lot, hence any accessory structures proposed for the future would require a conditional use permit per Zoning Code Section 10.03, Subdivision 10. This subdivision approval could stipulate conditions under which such structures would be allowable with a conditional use permit, designating which yard is front, which is rear, and what are appropriate setbacks for accessory structures. 5. The rental house is a non-conforming structure. The options for it are as follows; a) Grant variances and conditional use permit required to keep it as a guest house. This would require additional septic testing, possibly replacement of system, and variances to lot area, lot width, side setbacks (from existing house - must be 60*)« Note that it is not possible to grant a use variance to allow it to remain as a rental unit. b) Grant variances to front setback to allow it to remain as an accessory structure without dwelling status (would have to remove all pliimbing); c) Require that it be removed. Given the character of the neighborhood and the City ordinances governing, staff feels that the only appropriate option is to require that it be removed. 6. The wetland drainage easement as granted previously should be shown on the new plat. 7. The old driveway access to County Road 6 should be required to be removed as stated previously. 8. Note on Exhibit E the location of the school district boundary. Lot 1 will be in the Wayzata district. It is ridiculous that the neighborhood is in two school districts, but it is, and that is a matter with which the property owners must deal directly with the school districts. Lot 2 1. Per previous discussion, the garage which was to be removed must be removed or located at an appropriate location on the property. 2. This lot should also be considered as a "through" lot, and any new accessory structures (including relocating the existing garage) would require a conditional use permit unless conditions regarding such structures are placed on the property with this subdivision. for 5 an nove ices iire 1 be D be lUSt Zoning File #1090 November 11, 1986 Page 4 3. The barns which exist meet the normal accessory structure set­ backs, but not 150' or 75' setbacks for animal housing - so animal housing would be allowed; also note that as non- animal barn structures, both exceed the 1,000 s.f. maximum size for such structures - this makes them non-conforming structures within a new subdivision* The City has a few options: a) Grant variances and conditional use permit to allow them to be used for animals under existing location and size; b) Grant variance to allow them to stay as non—animal housing, oversize accessory structures; c) Require demolition. 4. The existing house does not quite meet the 50' front setback (0.71' short). 5. The location of the septic system serving the house is unknown, but presumed to be generally north of the house. Testing for drainfield sites is underway. 6. Lot 2 is entirely within the Orono school district. IV. Discussion. Neighbor Steven Weinstein alludes in his letter (Exhibit F) to a requirement that the barns and farmhouse be razed prior to subdivision of Outlot B. This was never a condition required by the City. As to the fact that the structures and chattel on Lot 2 are an eyesore, I would leave this to each Planning Commissioner to decide. Mr. Hollander has briefly discussed with staff that he believes the well serving the farmhouse on Lot 2 18 polluted, but he has not approached staff for help in remedying the problem. This a concern. tbe lack of compliance with certain conditions of the original subdivision, and given that the current applicant is attempting to resolve all matters dealing with the estate, staff feels that conceptually, the proposed subdivision is reasonable and desirable from a neighborhood standpoint, but only under a number of conditions enumerated below. V. Staff Recommendation new mid luch A recommendation for preliminary subdivision approval by the Planning Commission would be appropriate if accompanied by the following conditions: 1. Rental house on Lot 1 must be removed within 6 months of City Council's final plat approval. 1 to Lng ack mg ns: ity M- Zoning File #1090 November 11, 1986 Page 5 2» Driveway access from County Road 6 must be permanently closed and regraded to eliminate future use of that access, to be completed within 6 months of City Council's final plat approval. 3. Detached garage on Lot 2 must be removed from front y^vrd setback area within 6 months of City Council's final plat approval. 4. Given questionable stability of the barns on Lot 2, and given their non-conformity as to size and location in relation to their use for housing animals, barns on Lot 2 must be removed within 6 months of City Council's final plat approval. (Items 1 through 4 to be subject to a Developer's Agreement with appropriate security posted to ensure compliance. No building permits shall be issued for new construction until such work is completed.) 5. Soil testing for alternate drainfield sites for both Lots 1 and 2 must be submitted by applicant and approved by staff prior to Council review of preliminary plat application. 6. Drainage easement for wetland on Lot 1 must be shown on final plat. 7. In granting this subdivision, the following variances are appropriately granted: a) Variance to required width of lot frontage on public road for Lot 1 (186.90* proposed, 200' required). b) Variance to front yard setback requirement for house on Lot 2 (49.29* existing, 50' required). 8. Subject to standard 10' Drainage St Utility Easements along perimeter lot lines, 5' either side of interior lot lines. Additional potential conditions for discussion: 9. On Lot 1, for purposes of establishing the allowable locations of accessory structures: a) The lot line along Hollander Road is the front lot line; b) The side of the house facing Hollander Road is considered as establishing the front line of the house; c) The lot line along County Road 6 is the rear lot line; ed and >leted stback given ir use ths of : with erinits id.) and 2 ouncil final s are ad for Lot 2 along □ns of Zoning File #1090 November 11, 1986 Page 6 of 6 d) Given these criteria, the normal code requirements for locating, sizing and use of accessory structures are applicable, except that no accessory structure shall be located less than 50* from the right-of-way line of County Road 6. The above standards shall serve as guidelines in the granting of future conditional use permit approvals per Municipal Code Section 10.03, Subdivision 10. 10. On Lot 2, for purposes of establishing the allowable locations for accessory structures, the following criteria should apply: (for discussion) approved by the City until such time that the City Council finds that: a) a Homeowner's Association exists, the membership structure of which provides for inclusion of all owners of property gaining access via Hollander Road; and b) such Homeowner s Association has adopted covenants and by-laws which provide for the private maintenance of Outlot A, Hollander Road. Summary: Staff recommends approval subject to: - Removal of rental house, two barns, detached garage, and County Road 6 access, with Developer's Agreement to guarantee such removals; - Septic testing prior to Council review; - Show standard drainage easements and wetlands easement on final plat ; - Grant variances for lot width for Lot 1, principal structure setbaclc for Lot 2; — Optional conditions for discussion: a) Establishment of accessory structure setbac)cs for Lot 1 and 2 as guidelines for future conditional use permit application; b) Require establishment or Homeowner's Association that aclcnowledges responsibility for the road. red as •-fl. - l.v __ CITY OP ORONO SUBDIVISION APPLICATION FORM Date Rec'd /b Fee R^c'd 0 b(P,OC ions ply: such tion n of such lich Road nal back Id 2 :hat APPLICANT Name Roger W. Hollander, Personal Tf»l#»nhrino 377-6632 Representative or Estate 6t Hiidur P. Hollander- - - - - - Mailing Address 1776 Dupont Avenue South Minneapolis, MN bS403 -- - --- - - - - - - Name Estate of Hiidur P. Hollander Telephone 333-1341OWNER Mailing Address 1600 TC? Tow^r, Minneapolis, MN 55402 (Attach list if more than one) -- - - - - - - - - - -- PROPERTY LOCATION Street Address 200 and 250 Hollander Road, Orono, MN 55391 « ^ 25-118-23-43-0019 Property Identification No. (P.I.D.) 25-118-23-44-0005 PROPOSAL - X Division for Tax Purposes - - - - - Lot Line Rearrangement Only (no new building sites) _ _K Subdivision for New Building Sites Number of Building Sites: One One Two Proposed Gross Density Minimum Lot Size: Proposed Use: (check) 1 EXISTING LAND USE Number of Tax Parcels Two Development Size 4.28 Acres Dry Land 0.40 Acres Wet Land 4.68 Acres Total, all A parcels Present Use (check)X w Residential; no.1 of units 2 Other (specify) Present Zoning District • RP - IB Existing Units New Units Total Units Unit per 2.0 Acres • Square Feet Dry Buildable Land Residential Other (specify) __ _ _ (OVER) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1- Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350* (this list can be obtained from the Hennepin County Department of Finance A—603 Government Center 348-3271) 4. Stamped r legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature _ _ _ _ Date MINIMUM MATERIAL NECESSARY FOR COMPLETE PINAL PLAT APPLICATION 1* Payment of fees (park feeSf 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 acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature __ _ _ _ _ _ Date FEES . >C Sketch Plan Review (Class 1/ II & III) Preliminary Review (Class 1 & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) *(Plus any legal or engineering charges) $150.00 $250.00 $300.00 plus 20.00/lot $150.00* Applicant has read the above and 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 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. 1 < < <1 ID OH 10 CM O >- H X < a ^ «J N CM CM ^ O > O O O O < to O X X CM 3 CO to STEVEN S. WEINSTEIN & ASSOCIATES 259 Hollander Road • Wayzata. MN 55391 • (612) 475-3199 MarketingConsultants im- ™ mm. full N0V I OfiBS < N 0 V G r.i Id e r o, T9 86'— Jeanne Mabusth, Zonin.ty Administrator City of Orono 1335 South Brown Road Orono, MN 55323 Dear Ms. Mabusth: This is in rerjards to Roger V/. Hollander ’s application for 200 aSHsO HoUanler Road!^ .-^ubdiviaion of property located at mpnt?on eyesoro to the neighborhood, not tomention an old truck with tires on the prooerty. Furthermore T drinking water is polluted' from feces of' habitation^^ farmhouse and is not suitable for November 17 hearing as will several other people from our neighborhood. Sincerely yours, I't ' yours, . Steven Weinstein ( RESOLUTION NO. 1055 A RESOLUTION APPROVING THE PLAT OF HOLLY ACRES :i0 ■vj ^ WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and 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 subdivision plat by Hildur P. Hollander, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of rights of way for public streets and roads, shown as County Road 6. 2. Creation of a new private road shown on the plat as and E, to be known henceforth as HOLLANDER ROAD. Concurrent with the creation of this private road, the subdivider has dedicated to the City a Road and Utilities ^sement ( Exhibit A) granting to the City permanent access, improvement and utility easements over said Outlets, the subdivider has created non-exclusive Ingress, egress, drainage and utility easements (Exhibit B) over said Outlets in favor of all abutting and/or beiiefitlng lots; aftd the subdivider has created certain maintenance covenants (Exhibit B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 3. 4. Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands and/or drainageways described therein. Execution of a Subdivider’s Agreement providing for installation of private road- improvements as a condition of subdivision approval. Resolution No. 1055 Page 2 id ^ m Site Grading, street grading including installation of the limestone base per approved plans, and drainage improvements shall be completed prior to issuance of any building permits. Final street paving and improvements are to be completed no later than August 1, 1980 according to the Agreement. V 5. Payment to the City of a Park Dedication Fee in the amount of $2,000. NOW, THEIREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres, Hennepin County, Minnesota; subject to the following conditions: 1. d/or ntly ^ate The aforesaid plat shall be filed with the Hennepin County Recorder’s Office on or before December 26, 1979 together with a certified original copy of this Resolution and executed copies of Exhibits A, B, and C as noted above. This property is the subject of a two phase review process. Block 1 and Lots 1~4, Block 2 are approved as residential lots by this Resolution. Approval of building sites on Outlots B & C shall be subject to second phase subdivision application and review according to the ordinances in effect at the time application is made therefore. Permits for principal or accessory buildings will not be issued for Outlots B & C until such resubdivision is approved. All lots in this subdivision, including Outlots B & C, shall have sole road access via the new private road on ^tlots A, D, and/or E. No direct access shall be permitted onto County Road 6. The existing accesses from County Road 6 to structures on Out lot B shall be removed and replaced by access onto Out lot A as soon as the new private road is constructed. ion Resolution No, 1055 Page 3 The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 10 day of July , 1979. i' I 'William B. Van Nest, Mayor ATTEST: Walter Benson, Clerk/Administrator I. - T* .r 4 ■. wttt. « ‘jri.■j 0 • I-V .1 4., 1« City of OMOINO RESOLUTION OF THE CITY COUNCIL NO. /// A Ili’v>iO'iJTION APPROVING THE PLAT OF HOLLY ACRES 2ND ADDITION 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 subdivision plat by Hildur P. Hollander the subdivider; and WHEREAS, the subdivider has completed all reguirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Payment to the City for the legal review of all , pertinent documents and the filing of the plat in the amount of $75.00. 3. Payment to the City of a Park Dedication Fee in ’ the amount of $1,000.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres 2nd Addition, Hennepin County, Minnesota; subject to the following conditions: 1.All conditions of Resolution 1055 approving the original plat of Holly Acres which applied to the property now • redivided as Holly Acres 2nd Addition shall continue in effect; this would include a road and utilities easement under and over Hollander Road and a declaration of private road easement and maintenance cf that same Hollander Road. Per Resolution 1055, building permits for principal and/or accessory structures will not be issued for Outlot B, Holly Acres, until a resubdivision is approved. The farm house and rental house on Outlot B are considered non conforming uses and subject to all pertinent ordinances of the Orono Zoning Code. Access to Lots 1,2,3, and 4 Block 1, shall be via Hollander Road. Lot 5, Block 1 is the only lot approved for direct access onto County Road 6 finding a private access easement via lots 3 and 4 would severely limit the proposed building sites. r ' I m.City off ORONO RESOLUTION OF THE CITY COUNCIL *^0- . . The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or ^fore April 25, 1983 together with a certified copy of this resolution. The approval granted by this Resolution shall expire if th^ nia*- hae been filed by the date specified cbove. In thlt^^evlntf it win revilw?*^^ “ ”®'' ®PPl^=®tion with the City of orono for subdivison Adopted by the Orono City Council this ^ ^ d,Zfi^ ■nl Williain bV Van Nest, Mayor ATTEST: Mary , Depu^ Clerkytcke ill 4 i 1 I737:i57 fO Offices TO:Mrs. Roy Hollander FROM: Alan P, Olson, Village Planner DATE; October 13, 1978 SUBJECT: #412 Subdivision Conditions of Preliminary Approval PRELIMINARY APPROVAL Based upon preiiminary plat dated Augu c 19, 1978 and presented at the September 26, 1978 Council meeting showing Block 1-6 lots; Block 2-9 lots: Total 15 lots. Approval given for Lots 1-4, Block 1 and Lots 1-4, Block 2 only, as these are only lots for which septic tests were provided. Remaining lot layout approved conceptually only pending future septic testing. 3. 6. 7. New road to be a private roadway platted as an outlot through entire property. Road to be constructed through at this time, or to have temporary cul-de-sac provided at end of first phase at owner*s option. All lots to have access via new private road including Lot 8, Block 1 and lot with existing dwellings. Existing curb cuts* to County Road #6 to be closed upon installation of new road. All wetlands to be protected with conservation easements to the City. Septic testing approval for Lots 1-4, Block 1 and Lots 1-4, Block 2 per attached memo from Mike Gaffron dated September 5, 1978. Garage on Lot Block 1 to be relocated to meet street setback requirements. Permit required (see inspector). October 13, 1978 Mrs, Roy Hollander Conditions of Preliminary Approval Page 2 FINAL PLAT DRAWINGS 1. Submit for approval: 3 mylar copies 1 copy reduced to 1"200* scale 2, Plat entire property shown on preliminary plat including Tract C, RLS 1281 (the west driveway) and both parcels 3008 and 1025. 3. Plat Lots 1-4, Block 1 and Lots 1-4, Block 2. 4, Plat all remaining areas of Block 1 and 2 as two "outlots" including the existing houses and buildings on the same outlet. 5.Plat new private road as one or more outlots completely throxigh property (complete loop). 6.Plat County Road No. 6 as 50 ft. wide from centerline (which includes 10 ft. of new width). 7. Plat all "tow ground" or wetlands as "drainage easements". 8. Plat ''drainage and utility easements" 10 ft. wide (5 ft. each side) along all property lines of platted lots and'outlots. 9. Plat additional "drainage easements" as necessary to accommodate drainage from the roadway construction. 10. Dedicate to the public on the plat the highway (County Road #6) and all drainage and utility easements. CONSTRUCTION 01' ROADWAY IMPROVOnENTS 1.Complete attached agreement in duplicate and return at least 30 days prior to expected start of road construction or with the final plat submittal, whichever occurs first. y/ A. Page 20, Exhibit C: complete estimate for Items a, b, c, f, g & h. -A rL i'] fA l. ■ To:Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: November 13, 1986 #1093 P & A Investment (Scott Powell, John Adams), 1380 Sixth Avenue North - Preliminary Subdivision - Public Hearing Zoning District - RR-IB, 2 Acre Rural Residential Application - 4-Lot Plat of Residential Property List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit 1 Application Plat Map Property Owners List Preliminary Schemes Considered by Developer Letters From Tanglewood Homeowners, Peter & Shari Rennebohm, Regarding Access to Tanglewood Road Letter From Glenn Cook Regarding Wetland Designated Wetland Airphoto Septic Overview Preliminary Plat Pertinent Facts: Proposed Lot 1: Proposed L »t 2: Proposed Lot 3: Proposed Lot 4: 2.44 acres dry, no wetlands; existing house 2.57 acres total, designated wetland of approximately 0.3 acres, 2.27 acres dry 2.003 acres dry, no wetlands 2.036 acres dry, no wetlands Lots 1, 2, and 3 require standard variances for frontage on a private road. Lot 4 has the required 200' width on public road, but will access from the private road outlot. Proposal includes private plat road with cul-de-sac, over existing driveway (see "issues" below). All lots have been tested for drainfield sites - (see Exhibit H). However, staff has problems with the proposed sites on Lot 2, and has questions (but maybe not problems) with the sites on Lot 4. These items must be resolved prior to Council's preliminary subdivision review. Jl All lots have adequate building envelopes li Zoning File #1093 November 13, 1986 Page 2 of 4 Issues 1. Designated rTetland on Lot 2 Exhibit G shows that the basin within Lot 2 is a 0.3 acre designated wetland. The wetland basin has been drained since prior to 1971 when the airphotos were taken. From the topography on your preliminary plat, you can see the channel that has been dug by a former property owner to "dry up" this basin. The basin does^ not appear to hold any substantial amount of water. Please see^ Exhibit P, Glenn Cooks letter regarding this wetland. Its designation or non­ designation could become a critical issue because alternative drain- field sites might be located relatively near its boundaries, if it is guaranteed to stay as a drained basin. On the other hand, if the City were to determine that it is a critical wetland basin and should be m.odified to hold water again, this might negate any nearby drainfield sites. It would be unusual, if not precendent-setting, for the City to "ufi —designate" an entire wetland basin. In this case, ^ however, since it has apparently been drained since before it was designated in 197J, perhaps it can be abandoned. This is an item for discussion. II. Access Location The private road access to County Road 6 over the existing driveway has been verbally approved by Hennepin County, although it is obvious that tying into Tanglewood Road would be preferable from a long-term safety standpoint. The Tanglewood homeowners have apparently refused applicants' request to access onto Tanglewood (see Exhibit E). Although the original Tanglewood subdivision involved the granting of a Road & Utilities Easement to the City, it is questionable whether the City has the right to force the Tanglewood homeowners to allow another private road accessing to Tanglewood Road, unless the City takes over maintenance of a portion or all of Tanglewood Road. The City Attorney has been asked to give an opinion on this. III. Future Access to North or East The 11-acre property directly north of subject property has direct acess to Tamarack Drive. Given that the property to the east is already developed, staff sees no pressing need to provide for future access to the north or east. This could be an item for discussion. i Zoning File #1093 November 13, 1986 Page 3 of 4 IV. Barn on Ix>t 3 The barn/garage structure on Lot 3 will end up within the front yard setback area for Lot 3. Given that it would become a non- conforming structure, staff recommends that a condition of approval e the removal of this structure. General Discussion — Road Outlot Presuming that access to Tanglewood does not become an option, the new road outlot will be owned in common by the 4 benefittea property owners. The following road design standards apply: a) b) c) Right of way = 50 feet Minimum paved width = 24' Section - 8" Class 5, 100% crushed 3" 2341 Bituminious surface Design speed - for 30 MPH Vertical control - maximum gradient =12% Horizontal control - minimum radius = 275' •^he City will ask for underlying Road & Utility Easement of the road ’outlot. The City will also ask for execution of private maintenance agreement and covenants for sharing in the costs of the maintenance and upkeep of the private road by all 4 residents. Staff Recommendation: To recommend approval of the preliminary plat application by P & A Investments finding that all standards of the Residential Zoning District have been satisfied, subject to the following items to be resolved prior to Council preliminary pla approval: 1. Resolution of issue of dedicated wetland on Lot 2 — (Planning Commission should make a recommendation to Council). 2. Based on wetland issue resolution, new drainfield sites for Lot 2 must be tested and approved by City staff. Drainfield sites on Lot 4 to be confirmed by staff. 3. Access to Tanglewood must be further pursued by staff. The conditions of preliminary plat approval are as follows: 1. Payment of $600.00 Park Fee ($200.00 for each new lot). 2. The City will ask for underlying Road & Utility Easements over the road outlot, and maintenance covenants for upkeep and maintenance of private road. i Zoning File #1093 November 13, 1986 Page 4 of 4 3. The barn on Lot 3 shall be removed within 6 months of final plat approval. 4. Subject to Developer's Agreement and security for road improvements. 5. Subject to City Engineer's review of road plans yet to be submitted. 6. Subject to written approval of County Road 6 access by ‘ Hennepin County Department of Transportation. 7. Subject to private covenants, etc 8. Subject to standard Drainage & Utility Easements, Road & Utility Easement, Wetlands Conservation & Flowage Easement if deemed appropriate, all to be shown on the plat. • -I t7#10b CITY O. ORONO •- SUBDIVISION APPLICATION FORM . r te Rec*d /O - f/ f~C ^ ., Fee ^ec'd oi> {-a, 0^. f^e APPLICANT Name Ai ~//Jiye77/yie^^__________ Telephone Mailing Address A/r//q -“^Sz^^U/P//Telephone 4lX-2^^ J!PROPERTY Name s= OWNER Mailing Address (Attach list if more than one) PROPERTY LOCATION Street Address /3^0 ^OC/^r9:/-y a /o> (c > Property Identification No. (P.I.D.) ~OQO ^ Complete Legal Description to be attached to application EXISTING LAND USE Number of Tax Parcels Development Size ^ 4^ a.-i. Present Use (check)\ Acres Dry Land Acres Wet Land Acres Totalr all parcels Residential; no. of units Other (specify) _ _ _ _ _ _ i.: 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:I 'r‘ Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size: Units per 4- Acres 2.0 I I■f-Proposed Use; (check) Square Feet Dry Buildable Land /j / Residential Other (specify) (OVER) HINIMDH HATERIAI. NBCESSARy FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4 • Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. _ _ _ Zoning Officials Signature . . . . . . . .. . . . . . . Date _ _ _ _ _ _ _ _ __ MINIMDN MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, 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 acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ . t FEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivisions) $150.00 $250.00 Preliminary Review (Class III and all non-residential) $300.00 plus 20.00/lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) $150.00* Applicant has read the above and 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 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. I o %0 CO ^ • • •• 0) Nro 0) »>a Pi 1^ Cm in to o Ma s s CL au a Ui 19 -<o. I lA €M \ O Q. 2 o Z -i lu K ^ > UI to to inin to z 55cy H X X w gI X UI lu .Cd M UI UJ < ^ CO Z Z UI 7^ a tt ^CM O I oto oo to CM I «(t I CM ID 3 ZgOolie o XO ^ 3 < a ID a 53 CD m K O c c L u /t t» 'f cJiiLra o z •-< u o r < Ui O •^ > ID •o ^ to to CM zu < s to D CO CO M •-4 CO Io CM O to to CO ^ to UI M> O UI O to ci: UI in UI _u u 3o| UI -J to o < to a z ^ o 01 ^ u zCO < r ^ o < HCM m-4 Z Z «-4 o to o Ofoo «< «o “SUI >- V. Z << UI Q. uj a. c (> t-l l* V * V * *% • . k.4 .<:i -«s iv • ♦ • •V • 4, 4’ //V* o •-4 a o 0 ao CM U to 3 UI to ^ CM O 1 z CO ^ t-4 h- co H- < Q sO 3 < in o to X 3 in 5§ CO t- I CM O M in <0 to o 40 UI Z mJ UI 19 UJ z55 UI H ^ •0 CO a o 19 UI to z H in olO •-4 -J O o 3 oo o oCM o to 3 UJ to Am §f 8Z O to UI 3 in 3 in CM P CO I Z UIsli UI 3I 'O CM O CO CM in 40 Son. g 5 g U UJ-is 3 _ UI o t— CMUJ in a *-4 SS55S 3aLla z O ^ 3 Q o Z UI 5 < >- N*3 < UJa lu a z o z X ^VJ ^ .'N E§? = o o CM to to CM I <0 Io CM CO to <f o -4 3 Oo CM to 3UI to CU p H t- I Z ^ -i CO < g o o in p to UJ UI o in H t- 3 inUI IM h- I CM O xs >- >- 3 3 3 3 UJ UI•o o z ^ o 3 LJ UI 3 Z O 3 Q o Z UI < < >- V 3 UJ a tu a z n z X <1 e8s = c. c CM O -J O Z -< O h-Ui UI 3 > ID X < in M o o CO CO u u o ^ q q M E in -i ^ ^ ^ CO »-« o o a o o o ^ Z to CM I CO I CM COto CM O to to UIu 5 ID ID a o <5 ID < a 5<c o o to CM I CO -4 3 I CM 5533 sr in o in o to <^ g* CO CO zsto COto M M p a 3 3 a z mJ H o •-4 o CM to to CM I CO I <1 CM inooo s ID a iO to CM I CO 3 h- ID ID IDa CO lit in in I CM CO 40 CM X 3 ^ Z-si! ID ID“8£ 3 O O 3 O 3 qUi < < >- \ ^ OC <U: a ID a z ID a 3 Z o 0^30 O Z ID < •< >. N 3 << UJa o UJ a z a u H I c, c c s to o M tL • UJ P (9 lil QC S I/I § MK S ciri M u» Z 10 M tt lU Ul K“ao £ N lAca \ 141 h- O Ck u Q_ 2 A -J Z O S 3k H § S S \u < z ui in 2S-'S:^S5^ -I 3vu < . I c5>m q: -J X . to o z cj o a H A <CO iLi CO CL „28atSj.m o -> a. -< ^>Ho oo Z -i o < lU H •M > UJ to < IS^to in in to z < < ni H X X I X lii ui CO M UJ Ui 10 X X -• io CO Io CM uf 2 3 =lu J53 tx OC ^ I toi^s -> *n -J Mooo to CM 8 CO •M I CM tsi 2 < a CM P O UJ oB z ^ s < ui in ^gySz U CM CO o a li £ lii « K £ OsIks CL UJ CLm i. u ^ 77.. Hi A 32“ •o lit in K in o ^ _ I £ UJ in < ssSssSu, 7 "‘siSO o << H □ CM 1-4iai «Siisi2 i‘ ‘t'! •i ^-Vk \.\• ,.^a i-i' ,A.i '■f V-..- •* • ‘.i &■a> oco 5 CL IL O t- oo Q DC CM to 8 to CM I ii X 5 O ^ < in o ro ck in in § CO z z QCO < CO •-4 ^ * I *i CM O "I to _ in *8 CO «-4 i K -is £ o UJ ro ^ H in oto o (O lO *-4 ^ i223S •-« I- UJ 10 UJ 7 -='53 . O iO 13 o 2 K H ^ — <CM o 5 5to z a in X X o or p t^'^ F P inM P O H to -4 08 K ^ U. < CO to o ^ Ui or X o _ Ui DCtt C Cliss>• v Cl < or Q gzui^ a < w ini n 2 < UI n iti fi.MU u* ^u> iu u> J_ o Z X ^ 1 oo CM to to CM I CO Io CM Pto Ui UJ VC or £ o o < tt a o z UJ < •< V \ ^ Of < UI CL lU Q. £ CMoo Z o UJ ^ > < h* UI to CM €0 M ^ CO gg|g 5s “S O O 10 I CM in c^ CM a cj o ogH ^ ^ CM CO •-« O O *-« (L W O O O ^ £ O' CM o UJu 5 UJ UJa o o: ooo UJ < CL DC to to to CM I«0 o 4- in in I CM tt «• to O'I i!{ 55x£ M M O SSS^ KUJ »-# «J ino Ui CL CO in o z u in o < UI in o COo to o z to o z o to o 1 CL in UI UI in H 3 or in CL t-in CM > 2 in CM UI o in Ul UI to CM I CO I<oCM to CM I CO UJ CL to M DC -« CO «• I-o CM •• z X SoUJ Ui in in CM “'si! Sg DC O CL O £ UJ or £ o < or o Z Ui < >- \ DC < U: UJ a £i:$a O H oroo or o •< >- Nor •< UI CL UI CLo z X u a I? C C,c -Ml—- \\f.' 'if N "1^V. tf •'VV,^ .} SV-;-’ ^Lj>tV S //£ ® tVii HI /A54II C i ,9ft liii it It* :-v m • • • L zoo '2,00 Ac-' jO. /^/CD. ■ N u TANGLEUOOD HOMEOWNERS Douglas Watson Haug - new owner Lawrence Nelson V.K:> lA. f. Re: Proposed Subdivision of Neighboring Lee Property end Rood Construction a discus. *«'«"'=. ‘he Developer, thst we meet Saturdey to discuss this Issue. As we have neither the time not interest to pursue the matter much further, we thought it best to express feeling, and concerns In UtJef fo™! ^ woo"* ~ *''*"* ®”“’’ ’’“‘^‘*^"8 “"Other road off of Tangle- nature, we feel It Is proper that all owners be In consent prior to giving approval. 3. For some strange reason. Adams disclosed to me the name of his partner, but asked that I keep it confidential (?). «adrE!°Bou'nL^y!"**’' ‘”* fh^r W- Boundary, our For purposes of reaching individual decisions on this matter, we ask vou to answer for yourselves the followings ' ^ - Are you in favor of effectively doubling the traffic on our road? Are you prepared to see the road widened to handle additional traffic? How safe would pother entrance be at a point on the road that flows into either the Haug*s drive. Nelson's drive? Are you willing to "open up" what is now a very private, country road? egarding the paving of Tanglewood - the Adams group will participate on a 'T* saii. “tier all the new houses ere built. This could take years, and meanwhile we get all the construction traffic during the interim, is this satisfactory? Wh« covenants to their building plans?Who really will benefit by allowing them to use our road? Us? Them? The City of Orono? we'*lose?**^^*^^* would the new road be, and how many trees and foliage would We are certain you all can pose additional questions of your own; we purchased our property for seclusion, and privacy, and feel strongly that to allow another heavily used road to be cut in, intrudes on the reasons we enjoy living here. We’d be happy to discuss the matter with any of you, and can be reached at work during the day: 424-3450 reacnea ac Best Regards, Pete & Shari Rennebohm L // Tanglewood Homeowners Association Tanglewood Road Long Lake, MN 55356 Mr. John Adams 2095 Webber Hills Road Wayzdta, MN 55391 ’'/ <\ : \ a 10/28/86 f' i / * X re: Your request for permission to road cut to proposed develop ment of Lee property. Dear John; ' As per our phone conversations, this will confirm to you the Tanglewood Homeowners desire not to allow you and your group access from Tanglewood Road. After mailing the attached letter, which by the way was only my opinion on the matter, I received phone calls from all the owners with the exception of the Watsons. The others are unanimous in their desire not to put additional traffic on Tanglewood, regardless of where this cut might be. We cannot see any usefull purpose being served by granting you permission. In retrospect, when we built Tanglewood, we did attempt to deed the road to Orono, but they refused to accept, not wanting to maintain the road at their expense. As we have borne all expenses to date we feel within our rights to deny access to what is indeed a private road. ■f 'mK If you have any questions, please call. Sincerely, /y . ‘ Peter H. Rennebohm Tanglewood Homeowner I*-rs- 1/ f / Cl"• \ *v*. '• I »J t C<w>n •r V. /f V" ** "V *'W&^Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St Paul, MN 55113 612-636 ’4600 Engineers & Architects Otlo C. Boneuruif, P.E. Hoben W. Huirnr, P.E. Ju\epH C. Andrrltk, P.t. Bradjofd A. Lrntlferg, P.E, Bichard £. Turner, P.E, James C. Olson. P.E. •;\(; OCT 15 1986 iii Vj:> m-%m r ‘ T r ■- C\ ' <' ’ 0 i I,.’I I \ l. ^ Glenn B. Cook, P E Keith A. Cordon, P.E. Thomas t. Noyes. P.E. Btihafd W. Foster. P.E. Bobert C. Schuna ht, P E. Maryftn L. Sorvala, P.E. Donald C. Burgardt, P.E. Jerry A. Bouedon, P.E. Mark A. Hanson, P.E. Ted K. Field. P.E. Mu hoel T. Bautmann, P E. Hubert B. Pjejjerle, P.E. David O. Loskota, P.E. Thomas If'. Peterson, P.t. Michael C. Lynch, P.E. Karen L. Wdlts. P.E. James B. MaJand, P.E. Kenneth P. Anderson. P.E, Keith A. Bachmann, P.E. Mark B. Botfs, P.E. Bobert C. Bussek, A.i.A. Thomas E. Angus, P.E. Scott L. Toung, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin October 9, 1986 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr, Mike Gaffron Re: File No. 139 John Adams 1380 Co. Rd. 6 Dear Mike, We have reviewed the proposed development for the Adams property along Co. Rd. 6. The property owner is concerned about a designated wetland shown on the City plan. The wetland was drained several years ago and does not currently serve a sig“ nificant purpose in the overall City drainage plan. The City would have two options in dealing with this problem. The outlet ditch could be tilled and the wetland would probably return to its original condition. The outlet ditch could remain and the wetland designation be removed. The wetland area provides water storage for approximately 1.5 acres. The watershed is at the top of the drainage area and, therefore, the pond provides an insignificant contribution to the overall water quality. The downstream marshes are adequate to provide the desired objective of the comprehensive storm sewer plan. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li End. 8318d 30 Year ^niversary wk. P.B. •olwi. I* £*. ^u/rj. P.t. Foxter. F t vhaiMht, P,t. onwAi. p.t\ \krgardi, P,£. Mfdb/f. P.l\ ilK»A. P.t\ f. P.E. fr/Ar^. P.t, P.t\ Pttenoii, P,£. ymh. p.t. Ua. p.t tJumd, P.t, imkrum, P.t kffmnn P.t fu Pt Off*. A.t.A. iJIfia, P.t ng. P.t ruixMi rOAr hoti rrtm 1. le 9 fO Id le ts im VS W': mm . ^ k * ' ’ * < * f: ■ V .“vj, fe««s4 V- At**::. VILLAGE OF OROMO HaD2 V 3ac._ _ ./ li>7'Av' ^pbD Pond 'i;K . 'j ■' . ■ T- J< > >; •<•, \ ••4 pf -•^J: f: •- - '<>U' “■■ ■ “ /V- i • fa 3 - m/: V V ^ ‘A ' *^ > ■• • V'. - K-i , --^ Wy^bo |i ^ ■f5, ^ ■■ ■ 's^f , ■ * ■♦ . j -i:'yv! . ^ - VI ^'Y- * ^ ;%515___-£OU^fi^ A,. »TF ^iS .1i ^■W'47V4 f li' V 1 » pt -:r,, % f .. ■ jt" - Af- -. -,''•> ■ *v. Jiff . 1^'^'■ >: ■t. p'‘ 1 ?5:> ...j. ■^i I Date Zoning File #1093 Michael P. Gaffron, Asst Planning & Zoning Administrator November 13, 1986 Subject: Septic Systems Review Proposed Lot 1 A. Existing System (existing house) was last inspected in August 1986; system appeared to be substandard in size but functional; the house may not have been occupied at the time. B. Alternate Site tested in area south of house - average perculation 107 MPI, average slope 6-8%, mottling at 18", 27", 30" - site would be suitable for a mound system. Proposed Lot 2 A. Primary Site tested on southwest-facing slope - average perculation 47.4 MPI, average slope 9-18%, mottling 36", 44", 40" - site is marginally suitable for a mound, is adjacent to drainage swale - needs additional review. B. Alternate Site tested on south-facing slope - average perculation 49.3 MPI, average slope 12-20%, mottling at 48", 40", 30" - site is very questionable for a mound given the slopes and proximity to drainageway. Proposed Lot 3 A. Primary Site tested on southwest-facing slope - average perculation 38.9 MPI, average slope 10-12%, mottling at 48", 48" - site is suitable for a shallow trench system, needs curtain drain. B. Alternate Site tested just downhill from primary - average perculation 49 MPI, average slope 3-4%, mottling at 30", 29" - this site is suitable for a mound system. Proposed Lot 4 A. Primary Site tested cn northeast facing slope near "saddle" of lot - unclear between topography and site evaluators notes as to exact location - average perculation 38.3 MPI, average slope 15-20% apparently, mottling at 48", 47" - site is suitable for shallow trench system if curtain is installed and if site is actually on the slope and not in the saddle area. B. Alternate Site tested northwest of primary site - average perculation 46.9 MPI, average slope 7-10%, mottling at 41", 42" - site is suitable for a mound system. Orono Planning Commission Members i August :ional; iverage ”, 27”, iverage 14”, 40" :ent to iverage 40", pes and iverage 8”, 48" :;urtain ■ T iverage , 29" - saddle" otes as e slope ble for site is iverage ', 42" - Michael P. Gaffron, Asst Planning & Zoning Administrator November 13, 1986 Subject: Proposed Zoning Code Amendment - Guest Apartments Pertinent Code Sections: 10.20, Subdivision 3 (G) 10.08, Subdivision 3 (A)(7) 10.02, Def. #28 Def. #22 The intent of the proposed amendment is to establish performance standards for non-rental guest apartments within principal residences. In the past, the City used the "Guest House" Section 10.20, Subdivison 3 (G) in dealing with such apartments, although the wording of Subdivision 3 (G) clearly was^ written to pertain to separate detached structures, especially the regulation for meeting "all regular lot requirements". In the recent past, staff has suggested that such guest apartments, may more appropriately fall under Section 10.08, Subdivision 3 (A)(7) as a variance. The full intent of the legislature, in the recent amendment of the State Statutes, is not known, ". .the governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling." Note use of may instead of shall weakens the directive but clearly a Municipality cannot be accused of granting a "use variance". The state is responding to the economic pressures facing many homesteads and the need to encourage local governments to define legal, innovative ways to solve the dilema. Staff feels it would be appropriate under specific conditions to allow guest apartments as an accessory use, with performance standards written into the code, as follows: Add Section 10.20, Subdivis.ic^:;^ 4 (I): I. Non-rental Guest Apartments. An apartment within the principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Define Guest Apartment Itf adding Section 10.02, Subdivision 28 (a) as follows: "Guest Apartment" - An apartmenu within a principal residence structure for the sole use of the occupants of the principal residence, including their domestic employees or their non-paying 9uests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. As an alternative, because allowing guest apartments as an accessory use gives up certain controls such as filing a resolution in the chain of title, the same performance standard could be incorporated into the conditional use section. This would maintain a somewhat greater degree of but would still require an application before the Planning Commission and Council, which is in some cases an unwieldy process. Are there any conditions under which the "accessory use" status could be granted without the i.eed for filing a resolution? mance 5. In 3 (G) 3 (G) dally lentsr as a int of ;e may Lng as s the i "use f many egal, >rlate f use. cipal icipal tests, dthin ^ss to a) as dence :ipa 1 aying : from imary ^ of 8 or 1 of 10 new homes come in with proposed second kitchen in basement as part of a bar or as a bona-fide gues? apartment. LIST OP GUEST APARTMENTS Conditional Use Permits/Variances Since 8-1-1984 * Detached Structure #1068 #1065 #1044 #1002 #955 #929 #928 #926 #924 #856 Nelson, 500 Tonkawa Road - Attached guest apartment gaLgef s'acret+'’in a’"l"lcre^ residence except by Larry Martineau, 4360 Chippewa Lane - Basement mother-in-law apartment, access from within. 8 acre lot ± in 5 acre zone. Paul Walentini Construction, 115 Luce Line Ridge - Basement apartment, access from within. 3 h acre lot Mrs. F.C. Lyman, 825 Old Crystal Bay Road South - Guest house conditional use permit. David M. Winton, 1780 Shoreline Drive permit for guest house.Conditional use Lyle Rahn, 1146 Wildhurst Trial - Conditional use permit for guest house — major variances to lot area, etc.) Richard Pula, 2015 Webber Hills - Mother-in-law apartment above garage. Judson Dayton, 1655 Bohn's Point Road - Conditional use permit for guest house. Jon Scherven, 2649 Casco Point Road - Mother/father apartment in basement. Edward Beck, 1280 North Arm Drive - Apartment in basement for his children (adults). issory in of o the ee of nning could A Bcond tinent pt by i-law zone. ement 5 lot Suest . use t for tinent use ther tV o zo SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT. § 10.20 District fs^'ntindel\Tp%";vld\"%“ritt;i°ct"^ allowed by conditioial use permit. ThV d'lVt/firshairhavl Immediate access to highways and public sanitary seilr. Resld«nH,?“nfL..^- P®‘^"'itted uses. Within any "R-1A- One Family Si’SErfeiJs.Ki“S“" " A. One family detached dwellings. B. Public owned parks and playgrounds, C. Municipal buildings. Residential^DistVlri-^^^no^i^'i^^i.^®®®' Within any "R-1A« One FamilyDistrict, no structure or land shall be used for thefollowing uses except by conditional use permits on an existing Undivided lot^foV f-h dwelling constructed the principal buildings includino occupants of their non-paying guests^ "a11 reaul2? w domestic employees or by the guest house. ^ regular lot requirements shall be met ment J c / i/ # w 8 «b. 37 § 10.08 Subd, 3. Variances; Issuances. A. In considerin9 applications for variance^ the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes. Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 3. The Board or Council may impose conditions in granting of variances to insure compliance with this Chapter and to protect adjacent properties. No variance shall be granted or changed beyond the use permitted in this Chapter in the district where such land is located. Source: City Code Effective Date: 4-1-84 i CITY OP ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on Monday^ November 17r 1986^ at 9:00 p.m. on the matter of a proposed amendment to the zoning code that would establish performance standards for non- rental/guest apartments within principal residences as either permitted accessory or conditional uses. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices» by appointment. City of Orono By: Planning Commission Jeaume A. Mabusth, Zoning Administrator To be published the week ft November 3r 1986 in the Laker and Pioneer Newspaper. \ \ • if--km * TO:Mayor Butler Mark Bernhardson, City Administrator Orono Council Members Planning Commission Members Jeanne A. Mabusth, Zoning Administrator November 10, 1986 #1074 Grace Baptist Church, 2380 Shadywood Road Variance - Second Review Pertinent Ordinances - Section 10.61 Subdivision 2 A(3) - Allowed = 12 s.f. Proposed = 61.6 s.f. Variance = 49.6 s.f. or 413% Sign Area Section 10.61 Subdivision 2 a) Setback Required Required = 5' Proposed = 10' (C) - Height and Setback b) Allowed Height Allowed =5 8' Proposed = 11’9" Variance = 3'9" or 49% As Planning Commission advised the applicant at your September meeting (review enclosed Planning Commission minutes), Mr. Zitzloff has resubmitted a second plan for the church sign that is considerably lower in height and provides more signage area. The second proposal clearly satisfies the needs of the church by pioviding adequate area for pertinent messages, schedule of services and church name. The second proposal has reduced the height of the sign by 50% but the signage area has been increased from 45 s.f. to 61.6 s.f.. The new configuration will create no safety hazards for the users of the adjacent intersection on County Road 19. Staff Reconmiendation - To approve the requested height and area variances for a new sign proposed by the Grace Baptist Church refered to as the Supra design of the Herald I model. The variances requested are as follows: a) 49.6 s.f. or 413% area variance over allowed 12 s.f. b) 3'9” or 49% height variance over allowed 8 feet Zoning File #1074 November 10, 1986 Page 2 of 2 This approval is based on the following findings: V'i .V 1. The proposed sign is consistent with other signs approved for church user. 2. The sign will not interfere with the functioning of traffic signals or signage nor pose hazards for users of public roadway. 3. The church has had a sign in excess of required standards within the street yard for several years without any reports of problems. 4. The unique shape of the lot and location of the church building in relation to the approved height and proposed location of the sign will serve to lessen the impact of the proposed sign. 4 fet. tI i rJ ' * ‘4 4 I p i. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 #1073 DBANOVIC CONTINUED Bellows noted that the proposed berming area is 50' from the lakeshore and clearly meets a structural setback, therefore should not be considered a berm. No one was present from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1074 GRACE BAPTIST CHURCH 2830 SBADIWOOD ROAD VARIANCE PUBLIC HEARING 9:34-9:48 The Affidavit of Publication and Certificate of Mailing was noted. Representative Lowell Zitzloff was present for this matter. Zoning Administrator Mabusth noted that the sign clearly meets the required setback of 30' from the intersection. The issue is the proposed height of a 22* sign where normally a maximum 8* height is allowed in a residential area. %■ Mr. Zitzloff stated that he contacted other communities and found that the cross portion of the sign would not be included in height (therefore making the sign approximately 10* in height excluding the cross area). He noted that they needed adequate space for a readable message and schedule of services including the Church name. Bellows noted that there was a great deal of visual clutter in the area already. Hanson stated that this was an unusual situation with the church being located in a residential area with great sign restrictions and he is in favor of granting the variance. Goetten stated that she felt the proposed sign was so much larger than what she has seen at other neighboring churches . McDonald stated that she felt there was no problem reading the existing sign and such approval would be setting a negative precedent. MINUTES OP THE PLANNING COMMISSION MEETING HELD SEPTEMBER 15, 1986 11074 GRACE BAPTIST CHURCH CONTINUED No one was present from the public regarding this matter and the public hearing was closed. It was moved by Taylor, to recommend approval of staff's recommendation to approve the smaller "Standard" sign. Motion not seconded, motion dies. It was moved by Hanson, seconded by Taylor, to recommend approval of the variance to allow the "Supra" sign as proposed. Motion, Ayes 2, Mays 4. Bellows, Kelley, Goetten, and McDonald voted nay. Motion denied. Planning Commission recommended to applicant to check into larger/lcwer reader board signs. It was moved by McDonald, seconded by Goetten, this application for alternative sign plans. Ayes 6, Nays 0. to table Motion, #1075 JOSEPH DURDA 3135 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 9:54-10:08 The Affidavit of Publication and Certificate of Mailing was noted. Assistant Zoning Administrator Gaffron explained the two-fold variance request within the 75* lakeshore setback area 1) to construct a patio and extend the existing 3* wide catwalk between the porch and bedroom to allow for a second exit from the existing walk-out doors off the bedroom. 2) allow the existing 144 s.f. wood deck which was constructed in the Spring 1986 by applicant without a permit replacing the 72 s.f. concrete patio. Delores Durda was present for this matter along with their attorney Ray Piirainen. Mrs. Durda stated that when she had the wood deck constructed her husband was out of the country and the contractor told her a permit was not required. Mr. Piirainen explained the reason for the enlarged decking area which allowed one to exit in both directions whereas the other deck did not provide that. Chairman Kelley stated that it was his opinion that 'he deck should be cut back to the original 72 s.f. Goetten stated that she agreed with Chairman Kelley noting hardcover concern with protecting the lake. TECHNICAL DATA & SPECIFICATIONS CHURCH NAME Message Center Church Symbol CHURCH NAME Message Center Herald I The distinctive, two-tiered configuration of HERALD I gives special emphasis to the name of the church. At the same time, its design allocates a substantial area for the emblem you choose —the touch of graphic art which contributes significantly to this sign ’s ability to draw attention. At home with virtual ­ ly any style of architecture, HERALD I is handsome wherever it appears — in front of your church, in your newspaper ad, on your letterhead. Herald II The striking, angle-arch shape of HERALD II Is a graceful, contemporary modification of the more traclilional HERALDI. In this particular design psychology, the eye is captured first by the prominent emblem and your church name, then is led gently downward into the spacious message area. HERALD II is discreet — appropriate for the most traditional architecture — yet it possesses excep ­ tional attention-getting powers. The design also sug ­ gests a rising attitude, which may be interpreted in several appropriate contexts. HERALD II will speak volumes for and about your church. J.M. STEWART &or^^ora/ion/ ir><)i macki :ki :l. sakasota . i-i.oitiDA ;t:tr.77 54r>4 i:ast sussmx . rm:sNo. cauiornia <>3727 Heroic! I HERALD 1 Size Eiectrical Supporting Structure Created WeightWide High Watts Amps Frame Posts XL 12'16'2*950 12 N/A 5’x5'x V.*1000# Supra 10'11'8 ’600 12 N/A 5*x5*x%’700# Standard 8'r 9'3*360 10 N/A 4'x4'xyi*560# Size Electrical Supporting Structuie Created HERALD li Wide High Watts Amps Frame Posts Weight XL •COo•iv 990 12 5*x5'x Vi'-1070# Supra 9'6'9'640 12 4'x4'xVi'-750# Standard 9'7'6*400 10 4'x4'xyi*—600# Heights are measured from the base plates—which are welded to the bottom of the supporting posts to the top of the sign. Widths are measured from the widest point of the supporting structure. SIZE AND PRICE COMPARISONS Size Standard Supra 100% 167% XL 284% Price 100% 147%196% The larger signs are more cost efficient. Herald UNSURPASSED FOR QUALITY — Many years of research and testing combined with the vast experience of our skilled designers, engin -ers and craftsmen have resulted in signs of superior construction and materials, efficiency arrd durability of components. There is no better quality available. UNDERWRITERS LABORATORY — All Stewart Church Signs carry the UL Seal of Approval. SATISFACTION GUARANTEED — All J.M. Stewart products are guaranteed for A FULL YEAR. Defects in material or workmanship will bo repaired or replaced at no extra charge. Plastic faces are further guaranteed against mischievous vandalism. A copy of the warranty is availabfe prior to purchase upon request. 4 COPYRIGHT — All J.M. Stewart Church Signs are copyrighted. This brochure is copwighted. Its jse for the illegal purpose of duplication or Imitation is expressly prohibitecL^r^i^M'^^J.U 3 J.M. STEWART COR^ORATICN RESERVES THE RIGHT TO MAKE STRUCTURAL CHANGES AND PRODUCT IMPROVEMENTS FROM TIME TO TIME WITHOUT NOTIFICATION. 3 Lasting Constniction J.M. Stewart starts with the right concept. Then we build that concept into a carefully crafted structure that will stand up to the challenges of everyday life. Your Herald will withstand most hurricane-force winds. It will repel blows that would shatter ordinary signs. It guards against hail. And fends against vandalism. Strength is built into the original design. Dura­ bility is a required part of every component and material used m construction. The Rices J.M. Stewart signs are faced for years of “unbroken" service. All facing materials (for the illuminated sections) are formed from polycar ­ bonate. Your sign will be built with either Tuffak® supplied by Rohm & Haas — or Lexan® from General Electric, in testing their polycarbonate material, GE found Lexan® capable of withstanding 100 times the impact of acrylic (acrylic is the most commonly used material for forming sign facings). It’s very unlikely that you will ever see a Stewart Church Sign with a shattered face. Highly skilled workmen vacuum-form the poly ­ carbonate into shape. Artists reproduce the art work approved by your church (logos, type styles, words, art and colors). Send us your sketches —or we ’ll make professional suggestions. Either way, we wait for your approval. And then, proceed with the care of a craftsman; the eye of an accomplished artist. We spare no effort. Afterall, it’s your image. And It’s our reputation. Paints coat the inside of the sign facing. So finishes are protected from weather and other hazards. It also allows the plastic to filter out harmful ultraviolet rays — further protecting the integrity of the colors. The Cabinet Heavy-gauge aluminum extrusions are heliarc- welded at mitered corners. Strong aluminum angles provide proper reinforcement at every turn. The J.M. Stewart unitized cabinet is a masterpiece in design and durability. It resists damage. Keeps its shape. And never rusts! The Point Cabinets are painted with premium automotive finishes — proven for their beauty and resilience through years of use. The Colors Stewart artists and advisers stand ready to assist you In making your choice of colors. It’s an important decision. One that will help define your church’s “curb appeal.’’ One that will make an impact on your communications and your com ­ munity. We will provide color chips and make sugges­ tions. When necessary, we will produce a color rendering to help you in your decision-making process. The Illumination All illumination is internal — generated from Inside the sign, behind the faces. It’s protected from the weather. And vandals. High output instant start fluorescent lamps provide light for proper illumination. The sign is easy to see. Easy to read. Pleasant to the eye. The light is toned to a subtle warmth. Its message is "welcome." And In certain locations, the sign might provide adequate light for dark walkways, steps or entrances. The fluorescents are very energy efficient. Long lasting. t IJ The Message Center The Herald features an exceptionally large display area for church communication. Use it to identify service times and special events. Or make a statement to your community. Or spotlight a weekly verse of Scripture (the Word does not return void). J.M. Stewart provides a complete complement of letters with the proper mixture of Es" and “Os ” etc. Years of research and design development has resulted in a font style that ’s both esthetically pleasing and efficient to space. In fact, space savings over other type styles averages 20% — without sacrificing readability. Make your choice based on the distance you want your message projected — and the two charts below: Herald I XL #Letters Message Module 810 7 lines of 6" letters 648 Or 5 lines of 8" letters 468 Or 4 lines of 10" letters Supra 648 5 lines of 6" letters if 468 Or« lines ofj?' letters Standard 648 5 lines of 4" letters 486 Or 4 lines of 6" letters Herald II XL #Letters Message Module 648 5 lines of 6" letters 486 Or 4 linos of 8" letters Supra 486 4 lines of 6" letters 324 Or 3 lines of 8" letters Standard 486 4 lines of 4" letters Distance Readability Chart 4" letter 165 feet readability 6" letter 220 feet readability 6" letter 385 fee! readability J.M. Stewart will provide sample letters to help you in determining the right size for your sign and location. Don’t hesitate to call. Use our toll-free number: 800-237-3928. In Florida, call collect: 813-365-9304. Whichever your selection, know that all Stewart letters provide maximum readability within a minimum amount of space. They are easily inserted. And easy to remove. What ’s more, all are self-spacing fora professional look everytime you change the message. Supporting Structure The Herald I Is supported internally by rec­ tangular steel tubing from the base plate through the sign. Herald II is supported exter­ nally by rectangular steel tubing that wraps around the two sign cabinets extending below the sign to provide mounting posts (see dimen­ sions on pages 2 and 3). This welded unitized construction is en­ gineered to withstand hurricane-force winds. It’s designed to stand up to the punishment your sign will have to take. It’s built to last. Extra care is taken to assure low maintenance. The steel is thoroughly washed — and treated. Then, an automotive paint Is applied via modern control-technology. The finish is beautiful. And hard. Nevertheless, we provide touch-up paint in the event of a shipping scratch or sharp-edged blow later during use. Steel does rust. But J.M. Stewart does every­ thing possible to keep oxidation from occurring. Foundation Mounting Base plates are welded to the posts. Holes in the plates match the anchor bolts in the foundation. They are set onto the anchor bolts as shown below. ANCHOR BOLT LOCK NUT WASHER • __ BASEPLATE v.O.-- ..* ' .• •. • ; O' . .. .• •• . ^ •V • •• ••. • • • . ' • • • •.- • • •• .* . \ ■ « • •• . Z/ • * .V % • — NON SHRINK GROUT - CONCRETE FOOTING . WASHER .LEVELING NUT Ihe foundotion The Erection The foundation is the responsibility of your church. Hire a local contractor. Or do the work using people from the congregation. Again, the job is reasonably simple. Size and concrete requirements are shown below. J.M. Stewart will erect the Herald XL and Supra at your church — on your foundation. Or Size Concrete Req. 2 Each 3'3"x3 ’ X 4' Deep 3 Cu. Yds. Supra 2 Each 2'3"x3' X 4' Deep 2 Cu. Yds. Standard 2 Each 2'x 2'3"x 3' Deep 1 Cu. Yds. — we will allow a cash credit (See Price Sheet) if people from your congregation choose to do the work themselves. The job is reasonably simple, so if you have access to a small crane, consider this money-saving option. The Herald Standard requires only common tools and can be easily erected by laymen of the church. In addition, J.M. Stewart furnishes detailed engineered foundation drawings. And we provide the anchor bolts with nuts and washers to complete the job. (See illustration under “Supporting Structure.) We also provide templates for setting the anchor bolts to match the base plate. •elfvery Allow 8-10 weeks for delivery after the order and approved art work has been received by J.M. Stewart. Signs are shipped via common carrier (motor freight). We prepay shipping charges to avoid any inconvenience at your end of the delivery. These charges are not included in the price of the sign. You will be invoiced for delivery. For additional Information or to order call or write: J.M. STEWART (oor^boratio/v 1561 MACKERRL. SARASOTA. FLORIDA 33577 5454 EAST SUSSEX. FRESNO. CALIFORNIA 93727 NATIONAL TOLL FREE 1-800-237-3928 FLORIDA 813-365-9304 COLLECT OTHER PRODUCTS OFFERED • CHANGEABLE LETTER BOARDS CAST PLAQUES WOOD SIGNS ARCHITECTURAL LETTERS CORK & CHALK BOARDS (Bronze & Aluminum)SAND BLASTED CAST BRONZE DR Y ERASE MARKER BOARDS MEMORIAL ROUTED CAST ALUMINUM PRESENT A TION BOARDS CORK BULLETIN BOARDS BUILDING DIRECTORIES DEDICATORY NAMEPLATES ROOM IDENTIFIERS HAND CARVED PLASTIC COPYRIGHT 1984 BY THE J.M. STEvVART CORPORATION SARASOTA. FLORIDA. ALL RIGHTS RESERVED. To Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From: Date: Jeanne A. Mabusth, Zoning Administrator November 11, 1986 Subject:#1083 Thomas J. Bernier, Doug Klint and Gary Barr 3535 & 3545 Ivy Place and 3034 Casco Point Road — Renewal Subdivision Application For a Lot Line Rearrangement - Class II List of Exhibits Exhibit A - Building Permit/Sketch Plan Exhibit B - Location of Utilities Within Access Stair Corridor Status of the violations on the subject properties: 1. Both B^rr and Bernier agree that docks will not be re-installed until the proposed plat is finalized. Please note Barr was issued a building Permit (Exhibit A), for a new dock in June of 1985. The illegality of dock was not known by the staff member issuing the permit. The attached sketch was represented to staff as one building site. 2. Bernier has opted not to go with a formal conditional use permit/variance to allow the existing stairs to remain but has filed for an after-the-fact building permit (double fee) to reconstruct stairs per approved standards of City for all lake access stairs - 4* maximum stair width - installed on grade when feasible with wood pulp (treads) on existing grade. Review Exhibit B, the original stairs were constructed over existing sewer and water lines involving the removal of approximately 2 to 3 feet of fill. This constiuction poses potential freezing cf the lines without the required level of fill to protect from cold temperatures. Bernier has agreed to fill the disturbed area back to the height of the original grade prior to your meeting. The stairs cannot be altered until the spring because of the fast approaching winter season and the inability to schedule a contractor within the limited time. The City will ask that Bernier enter into a Developer's Agreement and post appropriate security to assure the stairs are altered per approved City standards by April 30, 1987. Klint has installed the screening barrier along the shoreline to prevent futher erosion into lake. The ground area and mutilated tree remains have not been corrected - once again inability to schedule a contractor - majority of landscaping constractors have already been committed at this time of year. The City will ask that Klint execute a Developer's Agreement and post appropriate security to assure that final grading, restoration of ground cover and tree trimming is completed by April 30, 1987. Klint will cover the entire area v/ith hay bales to prevent erosion - in early spring. Staff will provide photographs of both sites at your meeting. I k Zoning File #1083 November 11, 1986 Page 2 of 2 Staff Recommendation To approve the^ proposed lot line rearrangement application of Pernier, Barr and Klint finding all standards of the LR—IC Zoning District have been satisfied subject to the following conditions: i» Final plat to reflect dedication of Ivy Place right-of-way via guit claim deed per Maple Avenue vacation - note the area of roadway shown on prelimary plat as "to be dedicated as road" has already been deeded to the City upon approval of Maple Avenue vacation. 2« Klint to complete sewer payment of $970.00 for connection to municipal sewer. Incorrectly charged $375.00 with building permit - total payment required of $1,345.00. 3. Bernier to execute a Developer’s Agreement and post appropriate security to assure that illegal access stairs on Lot 2 are altered to meet approved standards of City for lake access stairs. 4. Klint to execute a Developer's Agreement and post appropriate security to assure that disturbed lakeshore yard and adjacent neighbor yards are graded and ground cover restored and damaged trees trimmed by April 30, 1987. 5. Be\nier and Barr shall not re-install docks until final plat is approved by the City of Orono. Bernier will obtain a building permit for installation of dock. A M 01 Building Permit AND APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66. CRYSTAL BAY. MN 55323 473-7357 PERMIT NO. 5636 DATE ISSUED ZONING DISTRICT FIRE DEPARTMENT POST OFFICE VAR. DATE LAKE ETLANDS ACCESS NEW EXISTING AGENCY-APPROV. DATE CITY COUNTY STATE PRIVATE EASEMENT SITE ADDRES.S_______________________________________ ___ PROPERTY IDENTIFICATION NO. (Pint LOT^----------------------_BLOCK_-----------------------------SUBDIVISION OWlJ£R (Address) y ' ' T/.(Firm) BUILDER _ __________________________________' i r c/ l-T - Must Certify Multi-Family. Commercial & Industrial Construction Plan, (Address) (Phone) (Firm)(Address)(hiione) TYPE OF WORK CONST. TYPE Addition Remodel Renovate BUILDING SIZE L. W.Ht. OCCUPANCY CLASSIFICATION DWELL. UNITS GAR. STALLS ATT. DET. STORIES B NUMBER OF BEDROOMS E^mated Construction Valuation‘I SEPTIC APP. DATE PROPOSED USE COUNCIL AFP. DATE :^j6aeA- blog PERMIT S’ATE FEE PLAN REVir V SAC CHARGE SEWER UNIT PARK FEE PENALTY OTHER PERMIT FEES rSO TOTAL DUE INSPECTION REQUinEO O............FOOTING before pour •♦•••• FRAMING rouph*in □ ........INSULATION .........WALLBOARO before taping ..........FINAL before occupanc\> □ ........SITF INSPECTION WORK BEYOND OR WITHOUT A RE­ QUIRED INSPECTION WILL BE SUB­ JECT TO PENALTY. INSPECTIONS MUST BE CALLED-IN 24 HOURS IN ADVANCE. WORK REQUIRING SEPARATE PERMITS PLUMBING...................................□ MECHANICAL................................CH WELL...........................................D SEPTIC............ D SEWER..........................................D WATER..........................................CU GRADING & FILLING.....................C FIRE..............................................□ COPY; WHITE-FILE CANARY-INSPECTOR PINK-ASSESSOR iroskhfw ^0. ft Co. NIC fftlT) mi-4470 ACKNOWLEDGEMENT THE undersigned HEREBY BEQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT­ ANCE OF ALL INFORMATION CONDITIONS AND REQUIRE­ MENTS REPRESENTED ON THIS DOCUMENT. THE UNDER­ SIGNED further AGREES TO DO ALL WORK IN STRICT COM­ PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BU><lNG CODE REQUIREMENTS. GREEN-FINANCE GOLD-RECEIPT Signnturi Approved Date tv of Orono / / or TRACT V. R.LS.N0.46I.L0TS IL WINSHIPS SUB. OF SPRING PARK I >x ® *®5 SPRING P/ \ISvY\ * ’ block I , IVY ESTATES, A OF VACATED MAPLE AVE >:‘v v\^' » • »?■ V X\ \ 0 \\ \-^^ \ ^ X \ %. rc /yeo'C^rm /#J ^OAO \ f*lCC0 tSf ^ \ i « \ \ \ / ^ /.. /?\\ \ 4 / /f»0t *. • » ■\y‘ DATE ' 12 - 19-84 SCAL£< /"» 50* .>• , Ja j V' / \ ^ / ; ■ y "' y / /' V .• .• -5, \ \ \ COFFIN a CRONBERG. I To: Date: Subject Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Jeanne A. Mabusth, Zoning Administrator November 10, 1986 #1087 David W. Anderson, 860 Forest Arms Lane Conditional Use Permit - Public Hearing Zoning District - LR-IB Pertinent Ordinances: Section 10.20, Subdivision 3 (M) Section 10.75, Subdivision 1 & 2 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M - Application Applicant's Addendum Property Owners List Plat Map F.C.C. Opinion & Order Amateur Radio License Building Permit #6195 Site Plan Antenna Elevation Electrical Diagram News - F.C.C. - Report No. PR-9 Sample Bulletins/Rulings Pertaining to Amateur Radio Operators Association Design Specifications for Tower A. Review of Local Ordinances, Recent F.C.C. Rulings and Current Practice for Issuing Local Permits by Staff: Section 10.20, Subdivision 3 (M) would require a conditional use permit for any independent antenna structure. Such structure would be limited to 65 feet in height and setback from any lot line a distance equal to the total height of the antenna structure. In 1975, the Code was amended by adding Section 10.75, Subdivision 1 & 2. It has never been clear whether this meant that an antenna structure could exceed the 65 feet height with yet another conditional use permit to a 102.5 height and per Subdivision 2 can exceed even greater heights with a conditional use permit. Staff has interpreted the 1975 amendment (this interpretation has been in effect since this staff member joined the City) to mean that any structure specifically cited in this Section is permitted at the 30 feet height but anything in excess must be approved via a conditional use permit but cannot exceed 45 feet in height (50% increase) - Subdivision 2 rather than requiring a variance for additional heights still requires a conditional use permit. These sections must be amended. G. I Zoning File #1087 November 10, 1986 Page 2 A recent F«C*C« ruling would now prevent local authorities from discriminating between satellite dishes and antenna installations. Staff issues building permits for satellite dishes treating them as accessory structures meeting required setbacks, height limitations etc. It should be noted that varied types of antennas are attached to the highest sections of house tops (remember these portions of structures can be higher than 30 feet above grade) totaling anywhere from 31 to 40+ feet. Staff has never required conditional use permits nor building permits for such installations. Mr. Anderson was issued a building permit to install footings and an antenna structure that could not exceed 30 feet in height (Exhibit G). He advised that he would need 58 feet in height (50 foot tower + an additional 8 feet for the antenna and mast). Mr. Anderson is a ham radio operator serving a hobby use rather than a business use. The applicant has provided 3 portfolio of information related to his hobby use and the many public services provided by such ham operators (Exhibit L). The City Engineer's report is not available for inclusion in your packets but staff will report on his evaluation of the structural stability of the tower at your meeting. Review of standards per Section 10.20 and 10.75 (as staff interprets these sections): A) Height of Tower; Allowed Without CUP ^ 30* ictice L use Id be equal •n 1 & cture lit to 1th a I been t any feet »ermit ather res a Per Subsection 1 Allowed With CUP Per Subsection 2 Allowed With CUP Proposed * 45* = 65' cannot excede this height per Section 10.20 * 58' B) Required Setback From Lot Line*; Required = 58' Proposed = 44* Variance = 14* or 24% * Nearest house is located 77' !S from Staff :essory ould be ions of :han 30 5 never r such and an G). He .tlonal jerator rovided public In your ability irprets Zoning File #1087 November 10, 1986 Page 3 Mr, Anderson advises that his most affected neighbor have no problem with the location of the antenna. In addition, Anderson advises that he carries appropriate liability insurance written at $100,000.00 limits. Anderson also notes the antenna design and specifications have been approved by a licensed structural engineer to assure stability of tower. This is true but the City will ask that the structural stability be reviewed by the City Engineer's office. Issues for Consideration: 1. Per the F.C.C. findings, local authorities may regulate to insure the safety and health of the public. a) Does the substandard setback pose threats to the public safety? b) Are there other considerations regarding public safety? 2. Your code does not address aesthetic standards except to limit any property to one such tower. a) The proximity of the tower to the house serves to provide partical screening for the residents on south side of Forest Arms Lane. b) Higher elevations to the north adjacent to County road provides a natural barrier. c) The most affected house or homeowner, we have been advised, approves of the tower. This acknowledgement must be subitted in writing. d) Are there other conditions that should be considered regarding the impact of the tower on the neighborhood. Staff Recommendations: To approve a setback variance of 13* and conditional use permit application of David Anderson for the property located at 860 Forest Arms Lane owned by Royetta Marcotte to permit the installation of a 58 foot high antenna located 45 +/- feet from the nearest neighboring lot line based on the following findings and hardships: 1. Proposed antenna structure meets the required setback from all property lines except the west lot line but will be located 75+/- feet from residence structure. 2. The visual impact of the antenna structure is lessened by the antenna's location on the property adjacent to the house and the higher northern elevations of the property adjacent to County road. mre lie any ide ^rms oad red Zoning Pile #1087 November 10, 1986 Page 4 3. All safety standards have been met as follows: antenna specifications and installation certified by licensed engineer. b) 6 foot high shield to be installed at grade around antenna base to prevent climbing of antenna tower. c) Nearest house is 75 +/_ feet from antenna tower. d) $100,000 liability insurance to cover any property damages created by structural failure resulting from natural disaster. Such approval is subject to the following conditions: A) Permit is issued for the sole amateur use of David Anderson while “ such structure to be dismantled and substructural/footings to be filled upon his leave. B) Applicant must keep updated record with City of liability insurance coverage for antenna tower. C) Structural soundness of antenna structure and installation method to be approved by City Engineer. D) Receipt of letter from most affected neighbor acknowledging that he has been made aware of the total height of the antenna structure located 75 +/“ feet from his residence structure. E) Conditional use permit to be renewed in 5 years to assure structural stability of tower structure is maintained. ‘mit ^rms ligh 1 on iW and enna ages hile and Lity thod that ture sure : ^ "I f‘ I W ‘GENERAL LAND USE APPLICATION •• •• mm mm mm mm i PROPERTY LOCATION Site Address )P ORONO /b ■ ^ ' .V4 ' ,C K I'] z L " f-199 dJZ> ~( Oi it V. T~/hyyj Property Identification Number (P.I.D.) Cl fry-I ?L *“ 4:? torrens?Please check one - is the property _______ abstract or (for Conditional Use Applications only) **" riquYred description to application if not included on APPLICANT Name _"^T^4/i Vs X \\ • /4 Phone // 6i-/w Mailing Address a)D OWNER Name _ Mailing Address r> A~ IAAAi/c CD'f'f Phone ___ Date Property Acquired (month/year) _ _ _I (do) (Tdo^ofi also own the adjacent parcels of land. •• •• «■» mm mm mm ^m mm mm mm mm mm ^m ^m ^m __ _ _ _ _ _ FEES - CONDITIONAL USE PERMITS ^ $100.00 a) Residential accessory Use « «• / ’ $150.00 $150.00 $250.00 $200.00 Institutional (church, school, etc.) Duplex Credit/Bldg Commercial/Industrial Use Land Alteration ■ . i Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75* of lakeshore FRD/PID — see fee schedule T \ OTHER APPLICATIONS _ _ _ $150.00 ‘Sr ■ $150.00 $ 50.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation Easement Vacation Easement Vacation With Subdivision tJ >rrens? ded on khMMb^ OTHER APPLICATIONS - CONT. $250.00 Rezoning _ _ _ _ $200.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property /Vi/VI t «2.7> jd wV>»^U. > r-wt^ w. Residential /■ Other (specify) DESCRIPTION OP REQUEST Describe request in detail; r-sr . O ’AJ n I 4 . 'C> l^- L--A A -n^ .j IRED SUBMITTALS 1. Completed Application Form, 2. Certified Property Owners List of owners within 350' (you can obtain Cernter ^348-3^7^)^” County Department of Finance A-6 0 3 Government hf• Sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Construction plan, if applicable. 6. Plat Map. Property Owner must sign this application. Please not been include'd^ application is not complete if the above information has or APPLICANT•S SIGNATURE 1 ^ -5 a UApplicant's signature OWNERS SIGNATURE C . L t Date acknowledges and agrees to this application and further reasonable entry onto the property by City staff, consultants, purposes of Owner's signature Date ' third Monday of each monthf' Commission Meetings are held on the rther ants, s of David Anderson 860 Forest Arms Lane Orono, MN 55364 November 5, 1986 obtain ernment le names Lease •n has id or id/or that s/her Dear Sirs I am herewith submitting information in concordance with application for construction of antenna and support structure as per City of Orono Ordinance Code See. 10.75 Subd. lA & 2. IMSTALUTION SPECIFICATION The support structure to be erected shall consist of commercially designed and manufactured antenna tower with height of 50 feet. It shall be mounted in accordance with the manufacturer’s specifications to assure that installation safety is maximized. Antenna, rotator, mast, wire, and related components shall be commercially designed and manufactured to industry standards. Interconnection of components of the system shall meet, or exceed the standards of the original equipment manufacturer in all aspects relating to safety, mechanical, and electrical performance. As per National Electrical Code, a confomial ground rod shall be electrically connected to the tower base by No. lOAWG copper wire, and all coaxial cables shall be fitted with conformally grounded lightning discharge devices at or near the point of entry to the dwelling. All of the afforementioned work shall bo performed by technically competent personnel such that the highest standards of safety will be maintained throughout the installation process. This document is being submitted at the time of application for permit. Figure 1 shows the placement of the structure on the property. This was chosen as the location of the installation which would maintain distance from other dwellings and utilities while also conforming to the Ordinance Code requirements. All l\irther considerations regarding the safety of persons and property are reflected in the choice of highest quality materials and most qualified installation personnel. Please refer to the attached engineering data for detailed Information on tower windload ratings. Combined windload of all antennae attached to the tower will be such that the structure will maintain the maximum published ratings of wind survival for tower with antennae. B the ^ the b -2-The proposed installation will be affixed to the ground. Unauthorized persons will be discouraged from climbing the tower by installation of a sheath 6 feet in length, at a height of 2 feet above the base of the tower which would prohibit access to climbing braces. (Refer to figure 2.) * BROADCAST INTSIFERSNCB The Amateur Radio Service is governed by Part 97 of the Federal Communication Commission Rules and Regulations. Under these regulations, interference from any Amateur Radio station to the reception of domestic broadcast services is prohibitted. The station operator is obligated to maintain his equii»ent in good condition, and to resolve any interference conflicts caused by his equipment. The applicant has operated a radio station for fourteen years with no complaints of interference. The broadcast raoio and television receivers at this location will be monitored for any signs of spurious harmonics. The surrounding neighbors will be periodically polled to be sure that they are not experiencing any problems with harmful interference. The area around this radio station has boon wired for cable television. The coaxial cable used for this virtually eliminates the probability of television interference. SAFETY AND LIABILITY In addition to a climbing sheath to be installed on the tower, the tower, antennae, and persons are insured by a $100,000 home owner’s policy which has been ammended to include property and public liability for damage by structure. AMATEUR RADIO Effective radio communications are highly dependent on technical considerations associated with antenna height* It is commonly agreed a ainjimim of 1/2 wave length of antenna above ground is necessary for effective broadcast operation. This equates to about 50*70 feet for the various ham operating frequencies. (See FCC limited preemption statement.) Aside from structural considerations the higher the better with 50 feet about minimum. BIOGRAPHY Mr. Anderson is an active advanced class ham operator with a technical back- p>ound. He regularly takes part in such public service areas as "Sky Warn" (amateur radio aid to Weather Service - Scott and Wright Counties), The Radio Amateur emergency service network field day, which is field operational %rt.th generators and batteries one weekend per year to test emergency preparedness. (Our local club placed top in the 0 call area -six states- and 11th nationally this year.) Respectfully submitted / DavidM. Anderson / A- Co \ a \ ;^Sr sA. iX /i ^ /^ 1^ sV:'^ / W'/r/*''/ 41k <>•j B- Before the Federal Communications Commission Washington, D. C. 20554 rcc 85-506 36149 In the Matter of Federal preemption of state and local regulations pertaining to Amateur tadio facilities. ) ) ) ) ) PRB-1 QRDFR Adopted: September l6, 1985 ; Re leased: September 19, 1985 By the CommIss Ion:Commi88ioner Rivera not participating* daekgroimH the llm^atlons of local zoning and other local end state regulaTory author ty over Federally-licensed radio facilities. Specl^ally, the ARRL wanted an explicit statement that would preempt all local ordinances which preclude or significantly Inhibit effective, reliable ema^r r^k> aSJtiur^^MtSMa+iI^* local authorities can regulateamateur Installations to Insure the safety end health of persons In the thH+“+hl'^' that those regulations cannot be so restrictive that they preclude effective amateur communications* In ♦hi’-.lJ!? •<*''**•<* +hey could file coowentsin the ^®^«r With extension, comments were due on or before December 26, 1964 with reply comments due on or before January 25, 1985 3 Over eixteen hundred comnents were filed. «"««ry iw? 1 Public Notice, August 30, 1984, MImeo. No. 6299, 49 F.R. 36113, September 14, 1984. * 2 3 Public Notice, December 19, 1984, MImeo No. 1498. Order, November 8, 1984, MImeo. No. 770. 1 , ' •; J5-506 361I»9 *v Local Ordinances 3. Conflicts between amateur operators regarding radio antennas and local authorities regarding restrictive ordinances are common. The amateur operator Is governed by the regulations contained In Part 97 of our rules. Those rules do not limit the height of an amateur antenna but they require, for aviation safety reasons, that certain FAA notification and FCC approval procedures must be followed for antennas which exceed 200 feet In height above ground level or antennas which are to be erected near airports. Thus, under FCC rules some amateur antenna support structures require obstruction marking and lighting. On the other hand, local municipalities or governing bodies frequently enact regulations limiting antennas and their support structures In height and location, e.g. to side or rear yards, for health, safety or aesthetic considerations. These limiting regulations can result In conflict because the effectiveness of the communications that emanate from an amateur radio station are directly dependent upon the location and the height of the antenna. Amateur operators maintain that they are precluded from operating In certain bands allocated for their use If the height of their antennas Is limited by a local ordinance. 4. Examples of restrictive local ordinances were submitted by several amateur operators In this proceeding. Stanley J. CIchy, San Diego, California, noted that In San Diego amateur radio antennas come under a structures ruling which limits building heights to 30 feet. Thus, antennas there are also limited to 30 feet. Alexander Vrenlos, Mundelein, Illinois wrote that an ordinance of the Village of Mundelein provides that an antenna must be a distance from the property line that Is equal to one and one-half times Its height. In his case, he Is limited to an antenna tower for his amateur station Just over 53 feet In height. 5. John C. Chapman, an amateur living Bloomington, Minnesota, commented that he was not able to obtain a building permit to Install an amateur radio antenna exceeding 35 feet In height because the Bloomington city ordinance restricted "structures” heights to 35 feet. Mr, Chapman said that the ordinance, when written, undoubtedly applied to buildings but was now being applied to antennas In the absence of a specific ordinance regulating them. There were two options open to him If he wanted to engage In amateur communications. He could request a variance to the ordinance by way of a hearing before the City Council, or he could obtain affidavits from his neighbors swearing that they had no objection to the proposed antenna Installation. Ho got the building permit after obtaining the cooperation of his neighbors. His concern, however. Is that he had to get permission from several people before he could effectively engage In radio communications for which he had a valid FCC amateur license. ■■■I- <. 6. In aodltlcu to height restrictions, other limits ara An«r>f«H local Jurisdictions—antl-climb devices on towers or fancas them; minimum distances from high voltage power lines* m^nLnl of towers from property lines, ln6 regul^lonrper?MnI^I . soundness of the antenna Installation Bv and lAma ^ structural tnese safety precautions objectionable. What they^do "ot find s^etlmes prohibitive, non-ref undab I e appi IcatlSn f 11 i™''nls ?o“S^I? apermit to erect an antenna Installation and those orovUirtnc i« " which regulate antennas for purely aesthetic reasons. ThrLiteS^foSir'w almost universally, that "beauty Is In the eve of thi S that an antenna Installation Is not more sesthetfcllly'^dlsif^slnl^thar**'’^ Other objects that people keep on their property e motSr*h^i2? tral lers, pick-up trucks, solar col lector's SnS^;rS;?;„r:?^,Jr?: Restricttyft CQvonaf|-fi^ 7. Amateur operators also oppose restrictions on their operatlons which are contained In the deeds for their ho!»s oT?Xelr apartment iMses. Since these restrictive covenants are contractual agreements between private parties, they are not general IvTinl of concern to the Commission, .'fowever sinra enn.a * ^ * matter commented In this proceeding prided us i?th covenants, they are Included for IntormatTnr restrictive Hollister California IncUded^n htfTh«»»s of Declaration of Covenantrind *a?I +*•* of San Benito, State of Callf^nlal 1? prwMest®*""'''' No antenna f^ transmission or receptlcn of radio signals shal1 be erected outdoors for use by any dwelling unit except upon approval of the Directors No radio or television slonals or any other fo^m of e ectromagnetlc radletTon shall be permIttlS to !2): if! “I!'!: '»»y “"--easonablyinterfere with the reception of televTn^on radio signals upon any other lot. Marshall Wilson, JPe provided a copy of the rAe<frt^4-fwvas In.deeds for the Bell Martin AddItlOT #2!'Irving upon all of the owners or purchasers of the lotl’ln^he'seld add't?™"® his or their heirs, executors, administrators or aSsIgfs! It^Mtof' No antenna or tower shall be erected upon any lot for the purposes of radio operations. William J. Hamilton resides In an apartment bulldina In Gladstone Mi««Anrf He cites a clause In his lease prohibiting the erecflin ol an^tinni!T f r[f al d s nd, erf ^^'41 ^sr:3r?:r that he should not be penalized Just because he lives In an apartment. Other restrictive covenants are less global In scope than those cited above, ror example, Robert Webb purchased a home In Houston, Texas, His deed "transmitting or receiving antennas extending above 8. Amateur operators generally oppose restrictive covenants for several '’®3sons. They maintain that such restrictions limit the places that V amateur rad?o. Sole ^state that they Impinge on First Amendment rights of free speech Other*; vtli^'^A ^ constitutional right Is being abridged becauL, In their live! ® +0 access the airwaves regardless of where they ^ A^\ contrary belief held by housing subdivision communities and homoowner»s associations Is that amateur radio Installations hazards, cause Interference to other electronic equipment which may be operated In the home (televisions, radio, stereos) or are eyesores that detract from the aesthetic and tasteful appearance of the housing development or apartment complex. To counteract these negative consequences, the subdivisions and associations Include In their deeds, leases or by-laws restrictions and limitations on the location and helcht of antennas or. In some cases, prohibit them altogether. The restrictive covenants are contained In the contractual agreement entered Into at the time of ■^he sale or lease of the property. Purchasers or lessees are free to choose whether they wish to reside where such restrictions on amateur antennas are In effect or settle elsewhere. Support I no Comments % ao. the .Pgpa^^ and emphasized In Its comments that continued success-^of^ex I sting national security and emergency preparedness telecommunications plans Involving amateur stations diminished If state and local ordinances were allowed to prohibit the construction and usage of effective amateur transmission I utilizes volunteers In The Military Affiliate Radio Service ^ Amateur Civil Emergency Service(RACES). It points out that these volunteer communicators are operating radio equipment Installed In their homes and that undue restrictions on 4 MARS Is solely under the auspices of the military which recruits volunteer amateur operators to render assistance to It. The Commission Is not Involved In the .MARS program. >■m I I ns^s ‘ 'l nterf ' thesf vol uitee^ wou I d°tr i mpa^eftf ** thlt°22i d®' ^ ' favors the^ I ss!ai"r^fTru 11 ng!•*!'«« .Hmlts for local and state regulatory bodies when they are^dealing with amateur stations. 7 o«w 11. Various chapters of the American Red C oss also came forward to support the ARRL's request for a preemptive ruling. The rSTctSs lil-ks amateur radio volunteers. It believes that without amateurs* that M disaster relief operations would significantly suffer and that Its ability to serve disaster victims would be hampered. It feels that antenna height limitations that might be Imposed by local bodies will negatively affect the service now rendered by the volunteers. 12. Cities and counties from various parts of the United States filed ThT^Ul® I support of the ARRL's request for a Federal preemption ruling. repres^at*ve‘^ Director of Civil Defense, Port Arthur, Texas are ^ Tho Amateur Radio Service plays a vital role with our Civil Defense program here In Port Arthur and the design of these antennas and towers lends greatly to our ability to communicate during times of disaster. We do not believe there should be any restrictions on the antennas and towers except for reasonable safety precautions. Tropical storms, hurricanes end tornadoes are a way of life here on the Texas Gulf Coast and good communications are absolutely essential when preparing for a hurricane and even more so during recovery operations after the hurricane has past. I z Quarter Century Wireless Association took a strong stand Issuance of a declaratory ruling. It believes that Federal r f "^hat there will be uniformity for all Amateur radio Installations on private property throughout the United States. comments, the ARRL argued that the Commission has the Jurisdiction to preempt certain local land use regulations which frustrate or prohibit amateur radio communications. It said that the appropriate standard In preemption cases Is not the extent of state and I oca Interest In a given regulation, but rather the Impact of that S" Fe<1eral goals. Its position Is that Federal preemption Is warranted whenever local governmental regulations relate adversely to the operational aspects of amateur communication. The ARRL maintains that localities routinely employ a variety of land use devices to preclude the Installation of effective amateur antennas. Including height restrictions, conditional use permits, building setbacks and dimensional limitations on antennas. It sees a declaratory ruling of Federal preemption as necessary to cause municipalities to accommodate amateur operator needs In land use planning efforts, 15. James C. 0* ^n attorney who has represented several amateurs before local authorities, said that requiring amateurs to seek variances or special jse approval to erect reasonable antennas unduly restricts the operation of amateur stations. He suggested that the Commission preempt zoning ordinances which Impose antenna height limits of less than 65 feet. He said that this height would reprasent a reasonable accommodation of the communication needs of most amateurs and the legitimate concerns of local zoning authorities. Opposing Comments 16. The City of La Mesa, California has a zoning regulation which controls amateur antennas. Its comments reflected an attempt to reach a balanced view. This regulation has neither the Intent, nor the effect, of precluding or Inhibiting effective and reliable communications. Such antennas may be built as long as their cons'fructlon does not •unreasonably block views cr constitute eyesores. The reasonable assumption Is that there are always alternatives at a given site for different placement, and/or methods for ae;thetic treatment. Thus, both public objectives of controlling land use for the public health, safety, and convenience, and providing an effective communications network, can be satisfied. A blanket ruling to completely set aside local control, or a ruling which '^ecognlzes control only for the purpose of safety of antenna construction, would be contrary to ... legitimate local control. 17. Comments from the County of San Diego state; While we are aware of the benefits provided by amateur operators, we oppose the Issuance of a preemption ruling which would elevate *antenna effectiveness* to a position above all other considerations. We must, however, argue that the a ei»«« local government must have the ability to olace reasonable limitations upon the placement and conf guratlon of amateur radio transmitting and receiving antennas. Such ability Is necessary to assure that the local decision-makers have the authority to protect the public health, safety and welfare of alI cltl2ens. ^ In conclusion, I would like to emphasize an Important difference between your regulatory powers and that of local governments. Your Commission's approval of the preemptive requests would establish a 'national policy'. However, any regulation adopted by a local Jurisdiction could be overturned by your Commission or a court If such regulation was determined to be unreasonable. +h*+ Ifl Anderson, Indiana, summarized some of the problemsThat face local communities: prwiwns I am sympathetic to the concerns of these antenna owners and I understand that to gain the maximum reception from their devices, optimal location Is necessary. However, the preservation of residential zoning districts as 'liveable* neighborhoods Is jeopardized by placing these antennas In front yards of homes. Major problems of public safety have been encountered, particularly vision blockage for auto and pedestrian access. In addition, all communities are faced with various building lot sizes. Many building lots are so small that established setback requIrements (In order to preserve adequate air and light) are vulnerable to the unregulated placement of these antennas. ...the exercise of preemptive authority by the FCC In granting this request would not be In the best Interest of the general public. Pi«nnl!n (NACO), the Aimrican League of Cities (NLC) all If"®"®* 0* «" antenna preemption ruling. NACO mphaslzed that IntruJLn"fn+^*l* ’*?**'' 'n harmony and warns that Federal thl trld?. concerns of health, safety and welfare could weaken with th. police power exercised by the state and unduly Interfere with the legitimate activities of the states. NIC believed that both 8Federal and local Interests can be accommodated without preempting local authority to regulate the Installation of amateur radio antennas. The APA said that the TO should continue to leave the Issue of regulating amateur antennas with the local government and with the state and Federal courts. DIscugg fnn 20. When considering preemption, we must begin with two constitutional provisions. The tenth amendment provides that any powers which the constitution either does not delegate to the United States or does not prohibit the states from exercising are reserved to the states These are the police powers of the states. The Supremacy Clause, however, provides that the constitution and the laws of the United States shall supersede any state law to the contrary. Article III, Section 2. Given these basic premises, state laws may be preempted In three ways: First, Congress may expressly preempt the state law. See Jones v. Rath ParUnn Cfl., 430 U.S. 519, 525 (1977). Or, Congress may Indlcate Its Intent to complete y occupy a given field so that any state law encompassed within that f eld would ImpIIcIty be preempted. Such Intent to preempt could be found In a congressional regulatory scheme that was so pervasive that ft would be reasonable to assume that Congress did not Intend to permit the states to supplement It. See "Idellty Federal Snvinng a Acet» ALujJfi la CufiStn, 458 U.S. 141, 153 (1982). Finally, preemption may be warranted when state law conflicts with federal law. Such conflicts may occur when "compliance with both Federal and state regulations Is 373 U.S. 132, 142, 143 (1963), or when state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," HJnes Y. DnyIdOtfItZ, 312 U.S. 52, 67 (1941). Furthermore, federal regulations have the same preemptive effect as federal statutes. Fidelity Federal Savings A Loan Assoelatlon v/. la supra. before us requires us to determine the extent to which state and local zoning regulations may conflict with federal policies concerning amateur radio operatorse t 22. Few matters coming before us present such a clear dichotomy of viewpoint as does the Instant Issue. The cities, counties, local communities and housing associations see an obligation to all of their citizens and try to address their concerns. This Is accomplished through regulations, ordinances or covenants oriented toward the health, safety and general welfare of those they regulate. At the opposite pole are the Individual amateur operators and their support groups who are troubled by local regulations which may Inhibit the use of amateur stations or. In some Instances, totally preclude amateur communications. Aligned with the operators are such entitles as the Department of Defense, the American Red Cross and local civil defense and emergency organizations who have found In Amateur Radio a pool of skilled radio operators and a I readily available backup network. In this situation, we believe It Is appropriate to stike a balance between the federal Interest In protnotlno amateur operations and the legitimate Interests of local governoients In regulating local zoning matters. The cornerstone on which we will predicate our decision Is that a reasonable accommodation may be made between the two sides. ^ 23. Preemption Is primarily a function of the extent of the conflict between federal and state and local regulation. Thus, In considering whether our regulations or policies can tolerate a state regulation, we may consider such factors as the severity of the conflict and the reasons underlying the state's regulations. In this regard, we have previously rec^nlzed the legitimate and Important state Interests reflected In local zonli^ r^ulatIons. For example. In Earth Satellite Communications, Inc., 95 FCG 1223 (1983), we recognized that . . . countervailing state Interests Inhere In the present situation ... For example, we do not wish to preclude a state or locality from ®><®^clslng Jurisdiction over certain elements of an SMATV operation that properly may fall within Its authority, such as zoning or public safety and health, provided the regulation In question Is not undertaken as a pretext for the actual purpose of frustrating achievement of the preeminent federal objective and so long as the non-federal regulation Is applied In a nondIscrIminatory manner. 24. Similarly, we recognize here that there are certain general state and local Interests which may. In their even-handed application, legitimately affect amateur radio facilities. Nonetheless, there Is also a strong federal Interest In promoting amateur communications. Evidence of this Interest may be found In the comprehensive set of rules that the Commission has adopted to regulate the amateur service.* Those rules set forth procedures for the licensing of stations and operators, frequency ellocetlons^ technics! stendsrds which emateur radio equipment must meet and operating practices which amateur operators must follow. ^®®®9*^^^® "^1^® Amateur radio service as a voluntary, noncomaierc I a I communication service, particularly with respect to providing emergency communications. Moreover, the amateur radio service provides a reservoir of trained operators, technicians and electronic experts who con be called w In times of national cr local emergencies. By Its nature, the Amateur Radio Service also provides the opportunity for Individual operators to further International goodwill. Upon weighing these Interests, we 47 CFR Part 97. FI let believe a limited preemption policy Is warranted. State and local Sil" -::r.e ♦k« Because amateur station communications are only as effective as the antennas employed, antenna height restrictions directly affect the eff^tlveness of amateur communications. Some amateur antenna Installations than others If they the amateur operator with the communications that he/she desires to engage In. For example, an antenna array for International amateur communications will differ from an antenna used to contact other 8i.iateur operators at shorter distances. We will not, however, specify any J! height limitation below which a local government may not ^ ^ suggest the precise language that must be contained nr ? ®® mechanisms for special exceptions, variances, permits. Nevertheless, local regulations which antennas based on health, safety, considerations must be crafted to accommodate reasonably ^ ?o represent the minimum practicable regulationto accomplish the local authority's legitimate purpose. ^ ... Obviously, we do not have the staff or financial resources iLiVAVl “il ® ®'"»+®“^ operailons. We areconfident, however, that state and local governments will endeavor to fftrfiri? in+2r® J®^’?®'*«^^ords appropriate recognition to the Important ^®^® thereby avoid unnecessary conflicts with TtfleraI policy, as well as time-consuming and. expensive litigation In this area. Amateur operttors who believe that local or state governments have been overreaching a-d thereby have precluded accomplishment of their addition, use this document to bring our policies to the attention of local tribunals and forums. 6 We reiterate tnat our ruling herein does not reach restrictive covenants In private contractual agreements. Such agreements are voluntarily entered ;nto by the buyer or tenant when the agreement Is executed and do not isually concern this Commission, V i.t O f.i ^ ^ c: w < ^ — o o o m ^ m •1 t •f» . 11 11-« c-m 1*rj I I*0 •A 0 1/) m u* n o r* fti is » i/y [D V/1vn OJ JUJH U lUJ o- CO CD C m /f= > S > Hmc J1 D >g o om 2 (Am oz r*on> ^ 6^ z n :k ? 2 ^^ oz O O 50 m i/t m C! j= e T) > 2 CO•nm 3) > CD cn • • ♦ i ;. !l ( • 4. ‘ • A •2mk aim lii 11 oi <muA<i Building Permit p!:rmit no.6195' G AND APPLICATION FOR CERTIFICATE OF OCCUPANCY P.O. BOX 66. CRYSTAL BAY. MN 55323 473-7357 DATE ISSUED JC- H ' .^1 ZONING DISTRICT FIRE DEPARTMENT POST OFFICE VAR. DATE COND. USE DATE LOT AREA V«/IDTH DEPTH PROPOSED SETBACKS; FRONT R. SIDE REAR L SIDE LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV. DATE CITY COUNTY STATE PRIVATE EASEMENT SITE ADDRESS L-A PROPERTY IDENTIFICATION NO (PIDl - M *7 - ^ ~ CCj ^ > LOT_____________BLOCK________________SUBDIVISION__________________ OWNER (Name) ARCHITECT/ENGINEER - Must Cerl (Address)(Phone) V7Z.-^Z_IT (Firm) Must Certify Multi-Family. Commercial & Industrial Construction Plans (Address) (Phone) BUILDER (Firm) (Address)(Phone) TYPE OF WORK New Addition Remodel Renovate CONST. TYPE4 BUILDING SIZE L. W.Ht. OCCUPANCY CLASSIFICATION DWELL UNITS STORIES B 1 2 3 GAR. STALLS ATT. DET. NUMBER OF BEDROOMS SEPTIC APP. DATE PROPOSED USE COUNCIL APP. DATE REMARKS;,^CjJCTKjre^ f\G"r Estijnated Construction Valuation o Ow BLDG. PERMIT STATE FEE PLAN REVIEW SAC CHARGE SEWER UNIT PARK FEE PENALTY OTHER PERMIT FEES TOTAL DUE 7,<S,SO A 3r>* K L /L^Ara</A(._ INSPECTION REQUIRED .. FOOTING before pour □ .......FRAMING rough-in □ .......INSULATION D............WALLBOARD before taping CD............FINAL before occupancy □ .......SITE INSPECTION WORK BEYOND OR WITHOUT A RE­ QUIRED INSPECTION WILL BE SUB JECT TO PENALTY. INSPECTIONS MUST BE CALLED-IN 24 HOURS IN ADVANCE. WORK REQUIRING SEPARATE PERMITS PLUMBING............................□ MECHANICAL.........................□ WELL...................................n SEPTIC.....................................u SEWER....................................□ WATER..................................n GRADING & FILLING..............□ FIRE.......................................□ ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT­ ANCE OF ALL INFORMATION. CONDITIONS AND REQUIRE­ MENTS REPRESENTED ON THIS DOCUMENT. THE UNDER­ SIGNED FURTHER AGREES TO DO ALL WORK IN STRICT COM­ PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQUIREMENTS. COPY WHITE-FILE CANARY-INSPECTOR PINK-ASSESSOR •(••ktv* Mf. e Ad». Ca. Inc. M12t MI-4470 GREEN-FINANCE GOLD-RECEIPT City of Orono r I Certificate of Survey for James W. Dongoske of Lot Block 1, Fbreet Arms Hennepin County, Minnesota i i I hereby certify that . this is a true and cor­ rect representation of a survey of the boundaries of Lot 3# Block 1, Forest Arms, the location of all existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to show other inprovements or encroachments. .9 Scale} Bate t o } g ‘^4 Land Surveyor and Planner Long Lake, Minnesota • • I 1. . b, i .-L ^—I 8 Slfmn S'o' V )t7^ C® ^JC^GlC 3/\St ' ^ 6^ua<^/ Sh^/tU /H ftt <C>t.^/=/6ri 1 ■ 4‘3: ^NEWS VASHMOTON, O.C. 30964 I • l^orr FBXVATB IADZO iCTXOO 9«ptab«r 18. 1985 foc OECUB8 A MiiTtt riEBwnoa at attn am um _________ COnCKUIRC AMAira MBIO BAC1LIT1I8 rcculatioD* ^»«"roiLg Mat* and local ..roo, dadaral i..ara.t‘i. “*"• “ * daeulttotr™i“a*tJit.t*tto!l tu*L** »CC to ia.ua a or aignifieantlj inhibit affestiva raliabU*^*”^** >*»»»bly ptacbidaU.tL eoncadad ih.t th. to".l .rtVo/lV. ‘»“»«l«*tion.. tb. anaor. tha a.faty and h.altb of o rdinaneaa dacigDad to «.eb ragnlation. could not prachda attacti*. "*** istaraata •hieh*iMy*^hiit^^taly*affae*t* '*'***“ atata and local arc in dir.ct conflict uitb fadcr.l objactiu.a'and cooaidaratxona nuat rcaaonably acconaodate anateur ef**^ ” aaathatie repre«ent the ainiaua practicable e-.a.i-e* •■•teur coanunacaciona and tb. local authorityT «*«*»*ta>n to aeconpliah tb. purpoa. of a racrackg with Coaaiaaioner Rivera not participating. ««vaon and -FCC- f Por additional infornatioo contact Hautiec J. DaPoot at (202) 632-4944. /V9 V Disr/ftc7 r / # V ^4f¥tMrt0^ fprnm C««f^Ty TTh ftti W-W rafV kMK CRAM’S SSxll Outline Mtp MINNESOTA •CALt f TMC GtO«OC ¥ CHAM company ««ia«*«l**AAiA tMlf iMMA vctm •TfTm tm5" I Mi'HTH Q.9NTIt»^ coco coco O c €tO P0 i A M» laiMiPi IV *'.il «f I* 1 1 laiM ■ ^i«i /iU|>/c»»riR oP<5a» 0/&rA«c.rs Cfv r/f li«* * M • • //c7 f:»st» llj •• t • • 1 • t • • 1 IfUU • • • 1 VAilflMsvl:::::*. m##T#rA*. r MIH r K • V 1 MINNESOTA NATIONAL WEATHER SERVICE ZONE MAP biSTRiCTS PART OF NORTH DAKOTA ZONE PART OF SOUTH DAKOTA ZONE . / NAVY-MARINE CORPS MARS (MILITARY AFFILIATE RADIO SYSTEM) MINNESOTA AREA FOURTH REGION INTRODUCTORY INFORMATION The attached brochure provides basic information on the MARS program. As you can see, there are programs sponsored by the Army, Air Force and Navy-Marine Corps. All three programs are similar in their operation. Due to the fact fact that many Navy operations are conducted by ships afloat, Navy-Marine Corps MARS plays an important role in providing a communications channel for military personnel who may not have any other regular means of communicating with their friends and families back home. For overseas shore personnel, MARS provides a fast and economical means for military personnel to advise their families of their movements and plans. Therefore, Navy-Marine Corps MARS operations are busy even in peacetime operations. Wo of the Navy-Marine Corps MARS program cordially invite you to "come aboard" and help us meet the MARS mission of emergency preparedness while making home a little closer to Navy-Marine Corps personnel. FREQUENTLY ASKED QUESTIONS ABOUT NAVY-MARINE CORPS MARS OPERATION CAN NOVICES AND TECHNICIANS PARTICIPATE ON MARS HF NETS? YES! Any valid Amateur Radio license will allow you to participate in MARS HF phone operations. Many Technician class license holders are active in the MARS program and operate like any other MARS station. Novice class license operators also participate in HF phone nets right away. Novices, however, must spend a portion of their operating time on a CW net and upgrade to a next higher class of license within 180 days. WHAT OTHER OPERATING ACTIVITIES CAN I ENJOY? There are slow-scan television, RTTY, packet and phone-patch nets. All members may participate in these activies by obtaining authorization. DO I NEED TO TAKE ANOTHER EXAM TO PARTICIPATE IN MARS? NO! You must have authorization to operate on government frequencies. It is obtained by simply filling out an application form. The area coordinator in this state processes your application and assigns your call sign within a few weeks. L WHAT KIND OF TRAINING DOES MARS PROVIDE? Your first three months membership is a trial period. Upon getting your license you will receive the Navy-Marine Corps Mars operations manual. In addition to familiarizing yourself with this manual, you must also check into a phone training net for a few weeks. This net is held on Sunday afternoons and provides instruction and practice opportunities in MARS operating procedures. (During this trial period you are encouraged to check into the Minnesota area net as well.) Upon completing your training net requirements, you will be sent 6-10 questions to answer by return message. You are permited to use your operations manual to answer these questions. HOW MUCH TIME IS REQUIRED TO MAINTAIN MEMBERSHIP? A total of 18 hours per quarter is required. Twelve of these hours must be in Area HF net operations. That tranlates to 3 hours a month. In military terras, hours are only counted as whole units. Therefore, if you spend on minute on the air, you receive 1 hour credit. As you can, see the minimum time required is minimal. We do hope you will enjoy MARS operations enough so that you are a regular check-in to the rets. Other time may be credited to your totals by delivering traffic, studying, maintaining equipment, etc. Active members benefit themselves and the system by participating on a regular basis and carrying their share of the load. WHAT OTHER BENEFITS ARE THERE BY PARTICIPATING IN THE PROGRAM? Obviously, the biggest benefit to belonging to the MARS program in the satisfaction knowing you are providing a useful service for your country. But,there are other benefits as well. You may enroll yourself in a variety of Navy correspondence courses covering electronics, radio communications and other unclassified courses. If you are a member of the reserves, your operating time may count toward your retirement. There is a recognition program for your contributions. Although there is a surplus equipment program for members, there is little useful equipment available. WHEN ARE THE AREA NETS HELD? The primary Minnesota area net is held every evening at 6 30 PM on 4802 USB kHz, This the net you are required to check into often enough to meet your minimum time requirement. You may also listen to the Region net on 4470.5 USB kHz also at 6:30. During these nets will hear common net operating practice, which is only slightly different than Amateur Radio practices. You will hear traffic routed to individual stations for delivery by members such as yourself. Other nets for CW, RTTY SSTV and other interests are held at various times throt-.ghout the week. 1 i i 1 WHAT TYPE OF EQUIPMENT DO I NEED? MARS frequencies are all outside the Amateur frequencies, usually near the band edges. A general coverage transceiver such as a Kenwood TS-430, 440, 930, 940, or a Yaesu FT-757, 767, or any Icom transceiver is ideal. Some analog type transceivers can be converted and there is some help available from MARS in accomplishing this. A dipole or inverted vee is a good antenna for area nets. Most Amateur antennas will work satisfactorily with the aid of an antenna tuner. FOR FURTHER INFORMATION, CALL OR WRITE: DAVE WENDEL KA0JTU - NNN0KPC iU20 OAKRIFGE LANE WEST MINNETONKA, MINNESOTA 55343 FRANK KARNAUSKAS NF0K - NNN0AVR 9028 JAMES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 546-2828 888-1894 FOR APPLICATION FORMS, WRITE: TOM LARSON NNN0KRK MINNESOTA AREA DIRECTOR NAVY-MARINE CORPS MARS 8680 TYLER STREET NE BLAINE, MINNESOTA 55434 PLEASE SEND ME AN APPLICATION FORM FOR NAVY-MARINE CORPS MARS.' NAME CALL STREET ADDRESS CITY STATE ZIP TELEPHONE I i I .■ Public Service Conducted By Michael R. Riley, KXIB Public Service Manager. ARRL Amateurs Lead Miamisburg through the Thick of Phosphorous Fog The emergency plan that emerged from the Monsanto Amateur Radio Association (MARA) was put to a test on a sweltering, hot summer day when a toxic, white phos­ phorous cloud drifted over the city. That was a day that residents of Miamisburg, Ohio, and surrounding communities will not soon forget. At 4:38 PM on July 8,1986, a train derailed on the west-side tracks of Miamisburg, Ohio. Among the derailed cars was a tanker car containing 12,000 gallons of toxic, white phosphorous. The tanker car was dragged close to a full mile, coming to rest south of the Bear Creek bridge and in the process was punctured. As the white phosphorous vapor and oxygen in the air met, it ignited spon­ taneously, which sent white phosphorous clouds rising up to 15,000 feet into the air over the city. MARA President Dennis McNeil, KA8QAY, was told of the derailment at 4:48 PM. He alerted Junior Hart, K8ZQQ, the Emergency Coordinator (EC) for the MARA club. Junior Hart contacted Sam Capper, WA8V1W, who was bicycle mobile, and sent him to the scene of the derailment, and K8ZQQ set off the emergency-communi ­ cations pagers. By 4:58 PM, Lou Lang. W8KOO, was set up at the Miamisburg Police Department. Harold Honious. W8RJY, iuid assumed net-control station (NCS-I) and began to dispatch radio amateurs to posts as requested by the police and fire departments. In short order, 40 of 42 (95%) MARA Amateur Radio operators had checked into the emergency net and were soon on their way to assigned posts or to the Police Department Central Dispatch Office to assist the police in evacuation of certain sectors of the city. By 9:30 PM, the danger sectors had been evacuated, and several sectors had been covered twice. The W8DYY emergency net continued to operate, and K8ZQQ began to put the emergency plan into full effect. When he contacted Ron Moorefield, W81LC, District Emergency Coordinator. Ron was asked to set in motion a possible large area emergency for relief operators. Ron. in turn, contacted Ohio Section Manager Jeffery Maass, K8ND, and Ohio Section Emergency Coordinator, Larry Solak, WD8MPV, to apprise them of the situation. The Dayton Amateur Radio Association. W8B1, was contacted for assistance. The W8BI van coordinators. John Kovacs. WU8EOL, David Morris, N81-EK, and James Orihood, WD8JCI, reported to the cmer- lency net and were assigned to set up a net INCS-2) on the secondary MARA repeater to lake check-ins for relief shifts. They also handled the task of supplying operators for toad blocks and other outposts. Radio amateurs coordinated food delivery to emergency-service personnel and volunteers. These operators were also scheduled and assigned by W8B1. • 'i z A ' White phosphorous clouds rise from the burning railroad tanker car. 4 The Kettering Medical Center Amateur Radio Club EC, Bill White, WB4LAI, estab­ lished a net-control station (NCS-3) on their repeater to a 1st in recruiting amateurs to assist in rcl... duty. June Stith, WB8UUH, assigned to Ke».ering Medical Center Emer­ gency Room, kept the amateurs stationed at the Ladies Professional Golf Association Tournament in Kettering advised of the plume’s course. The Miami Valley FM Associations’s repeater was assigned to Frank Warnock, K8NLM, to operate NCS-4 between the Red Cross and all shelters. A second and larger flare-up of the tanker car on Wednesday evening caused the Miamisburg Police Department to call for additional cruisers from the Dayton Police Department, the Kettering Police Depart­ ment, the Montgomery County Sheriff’s Department and police departments of nearby communities. The call included a request for 50 Amateur Radio operators. The patrolmen were not familiar with the streets of Miamisburg and required assistance. A radio amateur was dispatched with each patrolman to assist him in locating his particular sector to evacuate. The Dayton patrolmen c< jid not communicate with the Miamisburg Police Department, thus the amateur network was able to provide this valuable communications link. 1 he second evacuation went as smoothly as the first, although it covered more of the city. Shelters were set up at the Miamisburg High School, Germantown High School, Jefferson Township High School, University of Dayton Arena and the Dayton Convention Center, to mention a few. It was estimated that the Red Cross shelters managed over 7000 evacuees. Radio amateurs provided needed communications between the Red Cross Chapters Director and the Red Cross vehicles handlitig supplies. It was often neces­ sary to evacuate one shelter to another that was safe Iroin the phosphorous plume, which t ... MkkMit iv.» r 1 I » f - At Steve Gibson. N6DNQ (left), and Louie Merrill, WA8SPN, maintain contact with others at the scene of the train derailment and chemical spill. (Curtis Cobbler photos) changed direction with each wind change. Mike Caricr, WD8BSj, stationed at the command post, was often asked to ride with the Ohio I'tate Highway Patrol helicopter to provide a rc'iable communications Fnk to the Environment.'! Protection Agency md other key officials regarding the size and density of the phosphorous nluine. Constant radio con ­ tact was also set up with WB8CQK at the National W'cather Service in Vandalia. This proved to be a very vital key in assisting the city officials in planning the evacuations, location of shelters and location of the command post. In addition, wind direction and wind speed were also received every 15 ininutes from the Moiis;mlo Atmospheric Release Advisory Capability (ARAC) direct to the emcrgenc) net. This information was quickly passed oi. November 1986 4 inc lanKcr car wub icwi wu the same time a thunderstorm passed over­ head. This movement increased the burning area from approximately 20 feet to 60 Icct, but the rain helped keep the plume low to the ground and diluted it as well. The coordina ­ tion of selling the car level at exactly the right lime was achieved wiih ihc consianl contact with the SKYWARN Group. WB8CQK, and other operators between the site and the storm. Incoming weather information proved to be invaluable to the Miamisburg Fire Department command post as the area was in a severe-thunderstorm watch. On Saturday, July 12. the fire finally subsided at 10 AM. The MARA emergency net was not released by the city officials until 7:29 PM that evening. This completed 99 hours of continous emergency net opera­ tion. A total of seven repeaters were used. There were often three amateur operators assigned to the command post and two or more to the Miamisburg Central Dispatch Office. In addition, amateurs were needed to assist out-of-town police patrolmen at the five roadblocks, three to six shelters, evacuation buses, four repeater net controls, and three to six shadows for key personnel. A total of 357 Amateur Radio operators volunteered their help, logging over 3520 hours of as­ sistance to the city of Miamisburg, Ohio, and neighboring communities. Much was learned and will be documented as time goes on. One fact stands out: Amateur Radio can provide vital communication services on short notice when needed, and should be a part of every city ’s emcrgcncy- prepaicdness team, rhere arc few recorded instances where amateurs have been given as much responsibility and authority. To the operators’ credit, requests were carried out almost flawlessly without exceeding their assigned responsibilities. A letter of appreciation to the Mon-.anto Amateur Radio Association I'rom Barbara C. lillison. Assistant Vice I'residcm, Professional Services, Sycamore Hospital, stated We really needed you. You responded prolcssion- ally and graciously, and we are grateful.” t ity of Miamisburg Nlayor, Robert M. Meats, Sr, expressed his gratitude on behalf of the City of Miamisburg to all Amateur Radio opera­ tors on a well-organized and disciplined corps of communicators. According to Federal officials, this was the largest mass evacuation ever caused by a tra:” accident. The Monsanto /'.matcur Radio Association and Amateur Radio operators of neighbor ­ ing communities have verified that HAM radio truly stands for ‘‘Helping All Mankind.”—Frost, WDHDFP IN SKRVICE... n Pittsburgh. PA—May 30. The Allegheny County ARLS was activated after heavy rains caused serious flooding. Anywhere from 1 Vi to 3 inches of rain fell in the period of 1 to 2 hours. Many areas were devastated as runoff from the hills carried brush and trees to compound the problems of the flood. Radio amateurs provided communications for the Red Cross in setting up ciiiergi’iicy shelters on Friday evening. On Sa urday, the hams supported Red Cross as they piovidcd emergency services, including food, cleaning supplies and medical ireaiinent. Allegheny County radio amateurs were joined by operators Iroiii Beaver County and Ohio to assist search teams for survivors and fatalities of the disaster.— Willium L. Kristuff, Jr, UJttPB, EC, Allegheny County ( I Torrance, CA—Jun 27-29. The South Coast Radio Amateur Network (SCRAN) provided communications for the (.‘alifornia Special Olympics which was held at the UCT.A \Ve.^twood Campus. Thirty seven SCRAN members provided continuous communication at each of the 1 1 venues. .\ nerve center was established at the Track and I'ieUI venue to coordinate all the evetils as well as to dispatch celebrities to various game locations for presentation ot ribbtms and medals to ihe vvinnets.— Perry, KtibNA, ontl Itoh UeLorenzo, KVbl) I J Lone Pine, C'A--Jun 29-30. At 2100, N6jO\ radioed WA6K/.V fiotn the summit of Ml Whitney to report that his Inking party planned OSTi to stay on the summit overnight because of icy conditions on the trail. WA6KZV phoned the parents of the four young people involved and informed them. That evening, N6JOY called again to say that hikers were feeling the effects of hypothermia m the 20-degree weather and light clothing. WA6KZV called the Inyo County Sheriff, who got in touch with the Mountain Search and Rescue Team (SAR) from Ridgecrest. At 0330, N6EXK accompanied the SAR Team to a base camp in l.one Pine to supply com­ munications with N6JOY and WA6KZV. A helicopter rescued one of the four hikers and ground teams rescued the other three. KA6CIE and WU6VQY monitored the activity and helped where needed.—LloydDrubuker, iVA6KZy, EC Eastern Kern County □ Victor, NY—Jul 8. At about 1100 UTC, a utility crew digging to set a power pole accidently severed an underground telephone cable. This disrupted telephone service to much of the town of Victor, which borders both Monroe and Ontario Counties in western New York. The Monroe County Fire dispatcher requested backup conununicalions from the County Office of Emergency Pretvaredness. RACES/ARES EC WA2UGE dispatched NF2Z to the Fishers Volunteer Fire Department. Using a public- safety access feature of the N2JC 146.28/88 repeater, communications were established with the Ontario County Hh>rilfs Department and the MonrtK County 911 Center. NF2Z remained at the scene until telephone service was restored at approximately 1715.—Edwin J. lloldsworth, N2EH □ Irving. T.X—July 27. The eastern half of Irving lost its telephone service in tiiS morning | of July 27. Twenty-five members of the Irving Amateur Radio Club were summoned by city cincrgeiicy-management coordinators. Fhc radio amateurs weie assigned to various areas of the city to patrol the streets and inform businesses of the situation. In addition, an operator stood by at a local nursing home in case an emergency situation came up. Radio amateurs received piaise from the city's |K>lice, fire and community officials following the telc’l.oiie enieigency. —Everett Dickey, KD5IIE. EC, Irving, TX ••• , •• < e c J J »t I* ft n ir o >0 J. >1. L w 34 i? •ly w% on up ire in ay 4L •re nd ere Field Day 1986 How about using mosquito bites as a multiplier? That would easily push us over the 1-million-point mark.—A/7/-/TF By Michael B. Kaezynski, W10D and Billy Lunt, KR1R Contest Manager, ARRL HQ Assistant Contest Manager. ARRL HQ V W 7 hen taken slightly out of context. N7HTF’s comments pretty well ▼ T sum up Field Day 1986. Many more amateurs were bitten by the FD “bug” in 1986, with participation up by more than 200 entries from the 1985 event. This year, a total of 1697 entries were received as a result of the hottest activity in Amateur Radio. Let's look at some numbers. A total of 25,449 participants were logged in by the ARRL Contest Desk. Over one million con­ tacts were reported (1,146.881, to be exact) during the 27-hour FD period. The amateur fraternity scored very well in FD '86, to the tune of over 4 million points! Not bad for a "fun” time, eh? Category 2A was again the most popular, with 515, or SOV* of all entries. Battery power was utilized by 273 (Ib^’b) of the participants. In all, 1243 groups, over 73% used genera­ tor power. Only 166 groups relied on com­ mercial power for their operations. This year’s WlAW Field Day bulletin an­ nounced bonus points for making 10 QSOs on 24 MHz. This proved to be a very produc­ tive bonus for many entrants, upping the bonus point total of this year’s activity to 678.120. We have listed comments from several groups below. Which category does your club’s Field Day ef.Cort fall into*’ Your club didn’t participate? Why not give it a try next year, on June 27-28? All you’ll have is fun! >9 U ’W' N6EXC at the packet keyboard of K6QEH, the HFEA ARC (3A). Table 1 Entries Per FD Claes SOAPBOX NRIR, 1A Battery Enclosed you will Find the entry from NR0R. Over the past few years, this same team has operated Field Day under the call sign W0RCZ. As usual, there was another “operator” proent that never seems to appear in the log, mainly because he doesn’t have a license, Mr Murphy (he brought along all of his laws of physics). Murph did more operating at limes than the licensed operators. Like when he "operated” by doing a little surgery on the belt for our only generator. Of course Murphy said "If anything can go wrong, it will, and it will |o wrong in the worst possible way.” The bell broke at OW UTC Sunday morning. Then there •a* the tribander that decided to go on the fritz just as things were healing up on Saturday tfiernoon. We also can’t forget the display on the CRT monitor for the computer logger that named to jump up and down more than the S-meter did on 80 meters. Some things did go well during the normal COMTK of events; The barbequed chicken was the best thing that have hit these taste buds in quite ame time. The rainmaker passed over and left 1A—249 11A—2 1C — 2-1 2A—515 12A—2 2C - 1 3A—292 13A—1 ID —106 4A—127 ^15A—1 2D — 9 r ~ 5A~ 66 «19A—1 3D — 1 -6A- 26--23A-2 4D — 1 7A— 16 1B1—71 IE - 56 8A— 11 1B2—60 2E — 8 9A— 4 2B2—21 3E — 5 10A- 2 4E — 2 things fairly livable overall. And, last, but certainly not least, we must pay tribute to our midnight visitors that climbed to the top of the lookout tower that supports our antennas. The couple, after being heard making unusual noises from atop the tower, were caught underneath a blanket enjoying the stars (both real and imagined, as it were). It was a very satisfying Field Day for all involved. Thanks to those that took the time to pull out our 1-watl signal. W6WJ, 2A This was a first-time effort for the Lee De Forest Radio Club of Hemet. California. It was funi Our 2A operation was on 40/75 meter SSB, 20-mcier CW and 2-melcr packet. Our Novice station operated on 10 meters. We used a double zepp on 40, which was converted to a dipole on 75. A tuner was used on both bands. The 20-m antenna was a half­ wave vertical. Packet use * a pole-mounted ringo. We used a three-element beam on 10. Individual power generators were used on each setup. In addition, the packet station was run off a heavy equipment battery that was charged * from one of the generators. Shelters consisted of a motor home at each of the operating positions. Awnings were extended, refrigerators were full, and facilities were immediately available. We were located in a county park with plenty of space available for antenna construction. Our site was accessible to the public and we had several curious visitors. The only glitch in the whole operation was an inadvertent simulated rain shower from the para lawn sprinkler system which halted the 40-m operation for a time very early Sunday morning. We also found out how bad a perfectly good CW fist can get after a long layoff. Wait *til next yearl K5QHK lA This was a landmark for Amateur Radio in Snyder, Texas, as the 1986 Field Day was the first one to be held locally in about 25 years. The club had been inactive until October 1985, when we (re)organi2ed. Although wc didn’t make a large number of contacts, we had very good partici­ pation from 75% of the active members. Wc tried just about all modes, and made contacts on all but satellite. The neat thing about our Field Day operation was the location. We set up on an old 300-foot tower site near the small town of Fluvanna. From the tower, we hung two wire ”v’* beams that were primarily designed for 20 m, but were tunable to any band. The legs of the northwest beam were 397 feet long. Another beam was aimed at the East Coast. A trapped sloper was also set up. The beams really worked! On packet, a four-element beam and rotator were mounted 50 feet up the tower. In our minds, our FD operation was a great success. The public relations that we received from our local radio station, KSNY, and our newspaper, the Snydef Daily News, made the town more aware of Amateur Radio and its use. Thanks and keep up the good work! N4BDH, lA This Field Day effort was a rather impromptu, last minute, last ditch procrastinator’s delight. At our last club meeting, it was unanimously decided that there wou! I be no Field Day effort this year. But there are always a few restless souls who won’t let a sleeping dog lie. So as Dave, KA40EY and I were laying final plans on our local 2-m repealer, we managed to draw a small crowd. Dave located the spot, a campground in the middle of the ’’Great dismal swamp of November 1986 .K K -i.A, #S Chesapeake/' a tcni ami a huge lead-acid battery for dc power. Norm, N4NGV, came through with some really fine antennas. I supplied a makeshift operating table. Jim, N4hZA, Dave, my two sons and I went out briday evening and strung some antennas. Saturday was a disaster! We were wiped out by thunderstorms until late In the evening. After getting zapped several times by lightning while trying to connect antennas, I decided to dis­ connect everything. Later that night. Norm came and salvaged what was left of the day by making a few contacts while I logged with a splitting headache. Every now and then we would have to dump the water off the canopy to keep it from drowning us. After a couple of hours, we decided to quit for the night. My two small sons (ages 6 and 9) had been wanting to go •'camping'* for some time. That night, in a tent full of mosquitoes, was "real fun"! I spent until 3 AM swatting the bugs. Meanwhile, everyone but my sons and I had left. Around 8 AM Sunday, as Dave and Norm began to get things going again, 1 ran my sons • home and took a break. Norm had returned with a much needed ground red on the second trip. The huge battery held out stupendously. It never indicated any fatigue, according to the voltmeter used to monitor its output. When I returned from home. Dave and Norm had things in good shape. The weather turned out to be fantastic, and things finally got rollingl We got somewhere between five and sw good hours of operating a real Field Day. I did most of the logging, while Dave did most of the phone operating. Norm occasionally relieved Dave at the operating position, and managed to experi­ ment with a couple of different antennas. All said and done. Sunday turned out to be a magnificent dayl We learned what to do and what not to do next year. Thank you! NfDJS. 3A Our plan for this activity was to begin setup at 0800 local and go on the air at 1300 local and operate for 24 hours. However. 15 minutes prior to the sMtion opening, there was a 2-car head- on collision. Immediately, members of our group activated a local two-meter autopatch and contacted the police. We h?d police and an aid vehicle on site within five minutes of the oc­ currence of the accident. In addition, members of our group provided radio-assisted traffic control for over an hour before the local authorities could take over. This was a major accident, which incurred three fatalities. There would have undoubtedly been secondary ac ­ cidents had we not provided the assistance we did. The bottom line this year is that we all learned a lot. and once again proved the ef­ fectiveness of short-and long-range Amateur Radio conununications. V,... KGfN, SA ^ The Carver/Scott ARES and HTCSCARS ' began setup at 9 AM on June 28. at Carver Park Reserve. IS miles west of Minneapolis and St Paul. The sky didn’t look very promising, as it was cloudy and looked like rain could begin at any time. By 10:30. however, we noticed that it had suddenly cleared up and looked hke it was going to be a perfect aay. We were to be class SA again this year, but this year we had decided to use more wire antennas. This shortened the antenna and tower erection process considerably. A tribandcr lor 10. 15 and 20 was installed on a 35-fooi tower. The remainder of the antennas were various wire ri?- . I1 . i» ^ - •: ■ ■ Andy, KA3PGJ, at the Novice station of the Mid-Atlantic ARC. W3SC. arrays and configurations we thought we would experiment with. Some Interesting results were observed on 40-meter CW with a full-wave loop and on 80/75 meters with an end-fed random wire. For power, we had a 3-kW diesel generator feeding three of the stations, with two ?a$- powered generators for the other stations. The VHF packet station was also run off the big generator (we made 1 1 contacts). It was a great Field Day, with lots of interesting spectators looking on and asking questions. Amateur Radio also got a big boost in the arm from a local newspaper that did a front-page article on our operation. We are already making plans for next year! KTTR. 4A Approximately 60 members of the Scotudale ARC and their famUies attended this year ’s Field Day. The weather was near perfect at the 6800-foot site near the town of Strawberry, Arizona on the Mongollon Rim. Temperatures ranged from a warm 85 degrees in the daytime to the low 40s at night. We even had a momentary sprinkle of rain early Sunday morning. All stations were spaced around the periphery of an 800-foot circle clearing with tall pines around the edge and a natural 30- to 40-foot depression in the center where the two gasoline generators were located. This resulted in almost inaudible engine noise ... Yes, it was a super "site! Thanks for the unexpected opportunity for additional bonus points for 12-mcier contacts. The band openc'^ up for just long enough for us to garner the required QS ''si W7FIII. 4A Field Day has come and gone for another year, and I’ll have to say I’m sorry that it’s all over. Our club is rather small and it always seems that we have a hard time getting enough people that are interested in coming along on this most iniporluni weekend. Nevertheless, we did manage to have an exceptional outing this year. As always, things don’t always work as planned. Brian, KA7.SSU, spciii most of this year restoring a World War II vintage 5 kW generator for use, only to trailer it up to the FD site and have it refuse to start. After six hours of cranking, and with help from W7FHI and K7ZUR. it was running. It was a good thing the club brought along their own 2.4-kW unit. W7JHS and K71AW were on 75 phone and 40 CW running off battery power while the generator woik was going on. All looked good, so I started the 40-m phone and 2-m packet stations around 0100 UTC. We only managed one packet contact over the entire event. At 0500 UTC. disaster striicx. On a routine check of the generator, it was dis'xiver^ that the radiator wa» V^kingl We had no choice but to shut the generator down and use our two backup generators. All in all, we were quite pleased with the club’s performance. We improved our score by almost 500 points from past years. KS3L. 3A Battery This was the first attempt by the Baltimore Amateur Radio Television Society to run a QRP Field Day. The site chosen was on the end of a high ridge in the McKeldin area of the Paupsco Sute Park in Maryland. Three screen tents were set up with a TS-130 in each, throttled back to 5 W output and run on batteries. All antennas were dipoles or inverted Vs; the lowest of which was the driven element off an old tribander, which was suspended from repes about 65 feet up. The highest antenna was a dipole for 40 meters, the ends of which were at about 100 feet. The park had some tall treesl As a result of our press release, we were visited by a photographer from WBAL-TV Saturday afternoon. If he had arrived about 15 minutes later, we would have probably received better coverage. Just after the photographer left, a rather upset mother drove down to the site and asked if we had seen three lost chil^en. For­ tunately, all six of us were equipped with 2-meter hand-helds and an immediate search party was formed. One ham went back to the mother’s camp site, another stayed on top of the ridge to act as net control, while the remaining four of us began searching in different directions down the rides of the ridge. After a short tiine, the children were located trying to find their way back to the camp site. The search party was then disbanded. Since I have been in FD operations for the past 18 years, the logs were given to me to double­ check and redupe. In almost 15 years of serious contesting, this was the first time I had to dupe almost 2000 contacts. Phew! Our club is primarily a VHF club, and in 18 years of Field Day operations, I have never seen so much cooperation and a desire to do it right by a group of :7 hardworking people. 9 W6SRQ. 3A Battery The Zuni Loop Mountain Expeditionary Force is a group of hams who are all QRP enthusiasu. We met on the QRP ARCI Western States Net and have become friends over the years on the air. This year was our second attempt at Field Day. What makes it a unique group effort is that none of us lives less than 40 miles from any other. Our planning is done on the air and through the mail. Our FD location is a public campground in the San Gabriel Mountains about 50 miles east of Los Angeles, at an elevation of 7300 feet. The various loops inside this campground are named for Indian tribes, hence our name. At this Q&Tt i .«# • fcW %twnmiifiPP • AMA iJMitciMi>ai Ml UUJtiii Aiii,Muv atifki* AMC 1 W8VP mo 5 1.630 KAIOU |«W02F SK|1260 7-794 WbNWQ 209/ B 4/5.7/0 KLflr 758 B 1/-2.226 Caniiiiia Wnatata Aian Boaing Empioyeat ARS Sturdy Mml HotQ 6 FoaU xo C o AHCl South Bay ARS A AHES WDOFTR 547 8 28 1.629 WAATAH 248B 23 790 K1ZZJ 16988 28 6.704 K60H0 468B 18 2.224 Owatonna Siaaia Co ARC Dapa Co AR Niegra Panmiula ARC Parma RC H8RNY 447-B 8 1.529 W4NVU 233B 28 778 VF3VM 15088 28 6,634 K8VZW ( » W06MHLI 578B 12 2.134 Chempeign Logan ARC UAMARC Livingston ARK Calaipa ARS 6 Oak Park ARC WBCOO 458B 48 1.610 WEbM 278B 12 734 KW80 (« N6GWV)15588 25 6.646 W6AG 6988 28 2.106 Southern Aibana ARC Kodak Park ARC Neichaug ARA Spokena Radio Amaiaurs VL6CAM 3488 19 1.482 W02WXQ 2088 8 714 W1TRMKA1NCO)1611 8 28 6.176 W7N0R 671-8 18 2076 CoaiteJ Carolina CCCC Tooaia Co ARS West Allis RAC FuUaiton RC KB4MYC (t KA4SFF)502-8 18 1.492 AO/A 121 B'8 670 W9fK 1608B 17 5.040 W6ULI 6688 28 2,0/4 Evargroan AR Sarvico Palm Baaed Sdanff i ARC Rivarstda Co ARA Pasadana RC NK7V (♦ KA7YJU)3888 P 1.482 KMWH 64-a 8 668 W6T J (« N6JPO)1703-848 6.006 W6KA 9228 18 2.032 Nanry Co ARC llonaywaa ARC Foi Rivar RL Smoky Mountain ARC K8TII 691 8 28 1.4B2 WAMLP 1638 28 660 W9CEQ (« KA90RS)1S04-B 58 4.964 W40LB (« KB4IRV)568B 12 20t0 Downey ARC Catvarai .ARS Baachas ARS Butlar Co ARA W6TOI 4088 18 1.46:^KI6A2 66-8 18 666 W40U (♦ KB4SRJ)12638 38 4.664 W3UOX (♦ KA3NSO)444-8 32-1.936 HighianOa Co ARC Claei Creak ARS Van Wan ARC Ranioui ARA WG4M 3888 ir-1.444 WdNPO(eKA9YAB)68C-38 646 VyaFY(«KA6NSG)1627 8 23 4.440 W9ZK 611-8 18 1.922 EbooMt ARB Wylda ARC TARA Keasiar AR Activey NF2N 407811 t.436 K4QXN 3288 12-640 KUO 16988 28 4.396 K6rYP(eKA6ZJU|604-8 18 1.994 Chadadi Vaiay ARS 8fthop ARC Poway ARS Shorakna ARC WA7UHO 3388 18 1.428 V7E6Y 1388 8 572 K6CO 1331-8 38 4.366 W1BCQ 4388 58 1.772 Kandal ARB NCQ Oraatar Lawranca AR Fatlowihip Markato Araa RC KF58T 3688 11-1.416 K:KW (♦ KA3NWM)91 0-8 570 WIFW 11188 38 4.190 W9WCL 421-8 18 1.702 Sudbury ARC K*ngi Co RA Soulharn Michigan ARS Jaraay Shora ARS VEIBLZ 2988 17-1.414 W2XY 437-(>28 46t WBOF 1327-8 28 4.066 W200R 434-8 28 1.664 Anchoraga ARC National Trail ARC MTARA Catalina RC KL7AA 282 8 48 1.390 K9UX2 161 8 18 301 NAIV (♦ KA1MOA)1073-8 18 4.062 KC7S 4188 18 1.600 Caicada RC Ocean Monmouth ARC Oklahoma Waaidar Inlormaiion Nai W7EK 4688 8 1.396 jA coffmwfciw KC20 10688 18 3.996 K06VQ 4688 8 1B76 FuaonCoARC Tha Waal Bma RC Siamlord ARA Sacramamo ARCxaexo328881.374 VE3JJ 12488 7-3.506 K10F UNIOXT)12988 78 3.V42 WBAK 4188 18 1.572 Hcwlapai ARC RA ol Waaiarn Naw York Freoaridon ARC Garaldton ARC K70G 3228 8 1.394 W2PE 7488 18 2.434 VE1NO 10388 12-:.e04 VE3NHZ 373-8 8 1.564 h( (j A23H Turin Gti«s RC WflBU S«.h»n«ctAdy ARA l/b/B ^ &.M0 1/92 SO- S.4/6 1626 B 46- 5 476 Mm} South ARAHri StAi* DX A»tn Ml OiAblo ARC W6CX (♦ KA6MCS) D aIawATO VaII«v RA W22Q ( ♦ N2f WP) Buflmgion Co RC K2KEO (« WA2SX0) Orummon ARC 1S36-& 25- 4.766 ChicAgo SudurtAh RA 1267 B. 46- 4,662 1473-& 60- 4.506 RAof ErtA W3GV (♦ KA3PI TttgACoARCA K20R PoftAgA ARC N6MC(«KA6ZC HRAC 1203-B- 15- 4.416 1131 B- 36- 4.026 OrtAlor Tolodo ARA 1044-B- 14- 3.962 PtnhAndlo ARC W5WX Monongite 9Ar« K8WV Nofth AR ARB 1060-B- 23- 3.604 A aah 1121 B- 25- 3479 litMbl WbtlAAA ARC K«IK •rilOA VMtoy ARC WA50(«N5O2W) OAughm ARC Vf4NUE RcoRAint KMYP AOamA Co ARB WB3FRO NofthAfM Ohio ARC MB6ULC C*AnOtflM ARC K3CC innoiMord ARC VE7ICC NCQ tOBAO NirnMoCo ARA MRX (« KB4BEX) R moARK NNST UmnonCoARC VCM HiAMboldi ARC NUrr(«KB6KRS) 260^0^ 11 1434 ChAhAw ARB 2B6-B- 12- 1.362 NA4J MohAwli ARC 366-8- 16- 1462 HAlP (♦KAIOCR) RoppAhAnnocA ARA 3188-30- 1440 AA40L UM4K8P) Egyputn RC 399-8- 17- 1.329 WBAtU LA«don-Fl BiN ARS 718C- 12- 1.326 W6KS Zaco 8AAlAr9 ARC 4188- 18 1.310 WA6FYA OrrvAlA ARS 5088- 11- 1406 K06EU C apa May C o ARC AE2Y OaPotaaI ARC WA6WC Maditon Wait HS ARC N9FPU 1088 7- 698C- 8 1404 2988 8 1.296 241-8 68 1.294 3188 37- 1494 312-8 24- 1440 4688 18 464-8 18 367-8 18 3788 22 2988 12- 3188 38 194-8 11- 2488 18 Ouringo ARC 1341 8 18 3.766 K060I (« KA6NKA) LAArf Anco Co ARA 11388 38 3.760 NA3S lAlAhO Co ARC 10/8B 48 3.720 W7PN KilAmAioo Co RACES/KAlAmaiOO RC BAiriA ARC 6688 18 1.666 W9VY (♦ KA6ZUL) 1097-8 38 8628 VE3QC8 EOARC 1.306 N09W LaA a Mofwoo ARB 1.294 NE44 OntwA ARC 1.142 VE3RC Afuona aA c 902 W7IO CofpuA ChfilU ARC 909 W5MS NCO 672 N89B hUporWlA ESOA 912 N9RF Ml Vomon ARC 4A Botlory 619 N4QHI(«KB4£0U) Kokomo ARC 324 W9XX Waai 8inch ARA K5L0(4KA6V0K) 1168B- 8 8974 CuyahogA PaMt ARC W9VPV 1028B- 38 87B2 A/n.jdMo Gang 4088 28 1.472 K6UOU (♦ KA5JVD) 12088 38 8906 BnaPAM 2188 18 1.460 W3P1Q(4KA3NUt) 962 8 42- 3.660 Ou Paga ARC 4088 28 1.392 W90UP (♦ KA9VMIQ 10A2-8 28 8529 Morrla RC 264-8 18 1.360 W20YH 921-8 18 3.406 Rockford ARA 3688 18 1.336 W9AXO (♦ KA9UUH) 9588 28 8366 Cont/M IIA ARA 394^8 18 1.326 WiBiM 6288 48 8310 ORA Ouarmapoiifai RC 3288 8 1494 WtEKT 9388 28 8274 Ga nAAAA Co RC Sc^dorough ARC 9388 18 8339 W9ACW (♦ N6MMO) 3988 38 1494 VE3«VE 10488 38 8269 Orangt Co ARC UMARC 948B 38 3.274 N2AW1 («KB2AUO) 361-8 18 1.292 W2VL 1628C- 68 8246 Lowar Yakima VaNay ARC Bargamon VaNay RC 7688 18 8196 W7f HI (»N7HNA) 3288 8 1.260 7 9EM 967 8 38 3.190 ttiililfAm ARS 2588 18 1446 WIEOH (♦M1ARP) 9688 12- 3.160 Mid Michtgan ARC 11388 25^ 8662 WD60VB DaMon ARC 1025-8 37- 3.666 WML (♦ KB4MOK) BCCARA 1102-8 8 3.406 WeUU ( ♦ KABABG) Wayna Co ARB W3AVK (♦ KA3KXT) 637-8 37- 3.196 K4CYP Crwlofd ARS 9«2aw SouiiSiOaARC ftioVtfayARC VMR10U 3088 8 1434 417-8 8 1416 3688 18 1416 421-8 8 1414 2988 28 1.214 9Bfih Paninauia Eiaeiramca Qud WMK 2488 18 1.210 UgmCoARC MIRPK 3488 18 1402 NMofOCoARA 9lf€Ml«KAlLHJ) 394-8 18 1.199 bOoradoARC 3688 7- 1.162 NOQ ••WKT 3188 8 1.162 NMImg ipnnoa k«tn VHF Bociafy 1MPAR 207-8 28 1.120 OtKOARA 4088 8 1.116 Nwkfca Ratfo Waled •R6DCC 401-8 18 1.102 ARC M/N0l(tKA7YMA) 247-8 12- 1.096 WdMMiiliAWO 4MU 3288 11 1.066 RMMh Baam ARA V7VW 2288 18 10B2 OaapaMARC 41Ci 2788 7- 1.066 U9ARC ■M 2588 18 1.060 ^■ikMA OX A Ej^wimaniar Bociaty «MEGEUKA60PN) 222-8 18 1.026 I4|fi Filina ARC •«WP 242-8 18 %RlCPyRC *7TD(«KA7WFI) 1988 7- iMUaaaARC mm 2418 8 Bh AC oIOho ) ARC Fni1(«M6YUT) 202-8 18 ^ If Tht R io Granda ARC mno 2188 12- Biwa Oaargaa WHaiaia Aian mu 1388 18 W3LWW B388 18 6.460 W«M(«KA6RTG)9688 42 3.176 W4HFH 2488 28 1.214 K07X 911-8 18 3.144 MaaorvOuon ARC Adama Co ARC Barry ARA Oaiawara ARC K6HB 6^-A 28 9.296 a9UR 941-8 18 3.166 KJ6T 2288 8 1.132 W36L •388 18 3.114 Roanoha VMMy ARC Oranga Pirk ARC ARA Portnaiif Boutdarn Barkadaa ARC W4CA 1311-8 38 4.232 NU4Y(e7A4A08)6488 38 3.066 VE2C8P 2388 18 1.(06 WlBAA(eKAlCX)C)947-8 18 3.079 Hartdrtcks Co Ham Oud Bdiawaiar# ARA NCG CUrti Co ARESAodapand RA N9SF 14B2 8 38 4.230 W90QO 10288 28 3.074 VE70SV 2388 8 •16 W9VZE(«KA6T(X»683-8 28 3.039 CarMral Oragon RAC York ARC Kay Cdy ARC Ciecaoo arc KE70U 6I8A- 18 4.010 W3EOU 9188 28 3.060 WA68 •1-8 28 700 W9CAF 693-828 3.039 Omawdy QRP Bocialy Nuday ARS 4A CommofclBl Mdkm ARC N9TW 308A- 8 2.990 W20LQ(eKA22J0)9286 28 3.016 W9AB 9288 18 2.979 Eagia Rock ARC 8amlQid ARC Portar CoARC Cdamung Co ARCS KX7C 328A- 18 2.170 VE38A 9388 28 3.010 N9RO 14688 48 3.960 W22J 4688 28 2.662 NCG Rio Hondo ARC Kmgaion ARC Aniiaiam RA WA6YBN 2948 8 1.152 W6GN8(eKB6MlR)1068B 48 2.934 VE3KAR 7088 18 1.746 W3CWC •688 18 2.550 3 OanaraBona Goldin Empira ARS VaiayARA EPA FO Comamara WiSOJ 2288 7-994 W9RHC(eKB6COH)7488 38 2J60 NIRA 7888 8 1.716 AK3Y 1177-C-18 2.346 A A Tn-Counly F1A Bomaraai Co ARC Kam Oo^amral VaBay ARC W2U 9988 28 2.926 KB3VH 4188 18 1.064 WXIC (♦KB6CRY)7188 48 2.312 CharryydM RA CFB Oaoiiown ARC TAROOM Waal Palm Baach ARC K2NJ(eKA20CE)40788 32 13.342 VE1X)767-8 28 2.622 W2FWO 201-8 17-712 W4MAW(#KB48CV)678828 2.169 Kama Morama Radio Amaiaurs Qainaaviaa ARS Qraana Co Radio OOlPRAHC N9K8(eKA9U8V)3093-8 48 9.920 NF40 9988 17-2.804 W68IR 3488 18 866 WB6KQV 7188 18 2.012 Northwaai ARC Frammgdam ARA BA Bottdfy OOHC WOLM 2737-8 28 9.290 W1FY (eKAINOt)6488 38 2.760 WB6KQY 7488 8 1.990 Sconsdaia ARC Wdaman ARC Lincoln Co ARC •Warran Co RACES K7TR 2711-8 68 8909 WAINPOCvKAIMUW)K7PQ(«KA7WFW)•41-8 12 3.366 N6C8 6688 28 1J62 Ft Wayrta RC L61 8 28 2.744 Fiaid Oay'a Pmaai BaMARC W9TE 31088 18 9.700 Tahoo ARA NiOO 4188 8 1.6»K9EP •088 8 i.ra OH-KY-IN ARS NR7A •688108 2.706 m m Madiaon Co ARC KBSCH(eKB4TEE)30288 38 a.iio Roma RC BA W9VCF (♦KA9VHK)6988 18 1.670 ECARA W20F0 (♦ KB2AKW)692 8 28 2.666 Waatam ARA Panoratnaland ARC K1MUJ (eKAlMCY)2217-8 27-9.934 Ban Gadriat Vailay BC N6ME (♦N6MKL)31388 48 10.066 W7JTR 447-8 11.1.970 BpMiock ARA W6QFK 921 8 48 2.634 Unnad RAC ol Un Padro WACRC K2RF (♦ KB2AMH)2462-8108 9.624 Okaw Vaday ARC KBAA<eWB60NP)3128B 38 10X116 A03T 3688 18 1.632 Hamiaaiara RC WOKXQ 9688 18 2.616 Huntawaa ARC Jadaraon Barraza ARC W9AA(eKA8URF)2678B 38 7.964 Hope Vmay ARA K48FT(eKB4KKQ)2661 8 28 9200 KBZFK 7.2988 28 1.102 Hughaa AircrafI CohlESEA ARC W KClQ 702 8128 2.606 Bamingdam ARC C&nom ARC KB2T (♦KB6MIV)2166-8 38 7.230 kliddM TN ARS W4CL7E (♦N4KYO)24488228 9200 K6HOX 1788 8 1.014 1088 8 MI(*WP48ZN) 1488 8 C^MFMka AR Sarvca •fU(tN4NWA| 1688 23- Oataarara Lafugh ARC W30K (♦ KA30EG) 2301-8 22- Pdgnm AWA 964 KIBL(tKAIKON) 24688 28 Oeaukaa RC 968 KA9CAN(^KA9QLP) 20088 18 Wayna AR Tacdmcal Bocialy WD9LLO 19788 8 Ratarvoir ARA K6QYL ( ♦ KA6ZGE) 2244-8 28 Two Rivara ARC W3UST 19488 32 Nidany ARC W3YA 1773-8 28 Ooudia Cdaaaa No Omon W9MRE 1737-8 18 Paniagon ARC K4AF(«N2fO€1 16688 28 Waatchaaiai EGA WB2Zil (♦ KB2APX) 15988 28 W4UOT (♦ KB4SCP) 7488 28 2.602 Laka Co ARA K66L 920 652 642 632 •12 602 602 7.066 Soulharn S«arra ARS K6RL 6.626 Bimi Samara ARC WM6P (♦ KB6IXAI 6.666 Iroquoia-Ford ARS WB9TAH (♦ KA9UAE) 6.616 701 8 18 2.506 W4WJ Raman Bay Rad« Amalaurt TRW ARC 6.372 K2GE (♦ KA2FNZ) WiNmar Araa EAR 29988 18 6.036 BA ConUflSrClBl 657-8 12- 2.942 South Pckaring ARC Aar VE3SPC 24688 28 7494 5788 22 2.619 Gardan 9laia ARA 161 8 12- 1494 3144-8 28 10.006 29988 38 9.996 W20BA 22988 48 7486 ^ South Florida OX Aaan ^ 20B88 28 7.194 Cary ARC N4NC 5088 14- 2.422 W9TRW1 ♦ KB6L8E) 21288 32- 9.670 NBS 8aaa Wdaaion Communay Radio Amaiauri K3AA 6.156 W96W 7788 12 2.364^WBCCU iaH9f SKf 16988 48 6419 Pann WaaiaM A mo Packiomaw Vaflay ARC {MBatmMl AM Si9 NTCiaMIS ^MwaSK (♦KA3NTZ) 26188 48 9.344 9.120 W3Q08 907-8 18 2.3I9SNHN ^ *n?l88> 18 Anaa Crauaa ARC MadandARC f(flCA AM ARC ‘ ^ K9RO (♦ KAiVBN) 27088 58 9.244 5.890 W9KEA ( ♦ KA9Z1Q| 7688 28 2.304 W21XI («Ka2ADQ» 19288 38 8312 Northrop M PMoo Vordao ARCa SanacaRG London ARC W6CN (♦ KB6MKU) 29388 51 9.439 6 016 W9IO 682 8 8 2.278 VEXON 1807-8 28 8.109 Hoodviaw ARC South Canuaf Indiana ARC Old Barnay ARC WB7QIW (♦ KA7YF Y) 6.792 N96UC 997 8 18 2.25u N200 (♦ WB2JP>') 1977-8 18 6419 2535-8 48 7468 7 November 1986 /i-}?\c . r* WAa 4 ijLiiAiapiipi ii ai ^pAdii pipiM wV ysA. Universal Manufacturing Co. 12357 E.8 Mile Rd. Warren, Mich. 48089 (313) 774*4140 FREE STANDING ALUMINUM TOWER No netd for uii^igtitly and space consuming guy wires LIGHTWEIGHT • RUSI FREE • EASY TO ASSEMBLE • RUGGED STRENGTH FOR TV• EM • HAM RADIO • INDUSTRIA;, If ISTAlLATIOIHS • FIRE • POLICE • MARINE • CB I* I ■ tv- U Us St£ S 1' r ixiNj^ i r c: o% I <n O n 4 * > i ■ \ ii "■ ' ■ *~TT II r"J.' JJ- iL'!_ii=p -"^— •' I ~7,-Z3 ‘ '' r .:•/ f -• X^.- Boir o>ns LIIMIVERSAL MAIMUFACTURIIMG CORPORATION 12357 East B Mile Rd. Warren. Michigan 480B9 13131 774-4140 iVVOV Lloyd T. Cheney Detroit, Michigan Profeoflional Engineer Michigan Reg. No., 7l8U At your request I have carried out additional computations to determine the effective areas of antennas which towers of pounds per square foot in loading zonea A» B, and C respectively with a factor of safety of 1.0 (material stressed to the yield strength). The results are s\immarised below: 30 Foot Tower A B C 11,11,1U 4.42 2.51 1.37 11,1U,18 9.29 6.43 4.72 1U,18,16 11.91 8.01 5.66 lU,l8,r.'2 21.08 15.22 11.70 18,2? ,2\i 22.85 15.98 11.85 Uo Foot Tower 11,11,1U,1U 1.42 11,1U,1U,18 4.38 2.48 1.33 1U,1U,18,18 7.01 4.08 2.32 U,14,18,22 9.29 6.43 4.72 lU,18,18,22 11.91 8.01 5.66 14,18,22,22 15.21 10.06 6.96 14,18,22,26 21.08 15.22 11.70 18,22,22,26 22.85 15.69 11.27 50 Foot Tower 11,11,14,14,18 1.42 1.34 mmm 11,14,14,18,18 3.69 11,11,14,18,22 4.42 2.51 1.37 11,14,18,18,22 7.07 4.14 2.38 11,14,18,22,22 9.29 6.43 4.72 14,18,22,22,26 15.21 10.06 6.96 14,18,22,26,26 16.37 10.48 6.95 [ •-1- UfMIVERSAL MIAIMUFACTURIIVG CORPORATIOIM •2357 East 3 Mile Rcl. Warren. Michigan ^BOB9 13131 774-4I4Q The Standard RS-222-A ia ultra-conservative in its apeclflca- tlon of wind loadings of 30, Uo, and 50 pounds per square foot. This conservative approach resiata not from its choice of design wind velocities but from its specification of "A nominal value of K (for presaxirea on the projected areas of flat surfaces) is .OOU.” Hence the wind pressure is P « K or P « O.OOUv^. The coefficient in that equation depends directly upon air density. In our past calcu­ lations we have used the value of 0.00256 which is based upon so called ''standard conditions" (I50 Centigrade (59® F), 76O sn Hg). Perhaps thia is less conservative than is desirable. If we assume a temperature of -Uo® F, the density of the air then yields a coeffi­ cient of 0.0031. If we use this coefficient and the wind velocities (87, 100, 110 mph) inferred in the Standard we arrive at pressures of 23.U, 31»0, and 37.5,pounds per square foot for the loading zones A, B, and C respectively. It is my opinion that it is entirely reasonable and prudent to offer towers based on these wind pressures even though they do not comply with the Standard RS-222-A. Accordingly, given below are effective antenna areas based on factor of safety of 1.67 based on a minimum yield of 35,000 pounds per square inch: 30 Foot Tower A B . C 11,11,1U 2.75 1.25 0.50 11,14,18 6,75 4.50 3.25 1U,18,18 8.25 5.25 3.75 14,18,22 15.50 11.25 8.75 w 4o Foot Tower 11,14,14,18 2.50 1.25 0.50 I ■■ -5. » '■ ■ ^ .14,14,18,18 4.25 2.00 1.00 H 11,14,18,22 6.75 4.50 3.25 14,18,18,22 8.25 5.25 3.75 14,18,22,22 10.5 6.50 4.50 14,18,22,26 15.50 U.25 8.75 50 Foot Tower 11,11,14,18,22 2.75 1.25 0.50 11,14,18,18,22 4.25 2.25 1.0 11,14,18,22,26 6.75 4.50 3.25 14,18,22,22,26 10.50 6.50 4.25 14,10,22,26,26 11.0 6.50 4,0 -5- r' UNIVERSAL IWAIXIIJFACTIJRIIXIG CORPO^^^^ ,2357 East B Mtle Rd. Warren. Michigan 4BD89 I 1 !CZl t>0 Foot Tower ll,lh,lU,l6,16,22 14,14,18,18,22,22 11.14.18.18.22.26 11.14.18.22.22.26 A 1,12 3.69 6.12 7.07 9.29 B 1.34 2.68 4.l4 6.43 0.62 2,38 3.84 70 Foot Tower11,14,14,18,18,22,22 11,u,14,18,22,26,26 14.14.18.18.22.22.26 11.14.18.18.22.26.26 3.26 4.42 6.12 7.07 0.32 2.51 2.68 3.39 1.31 0.62 0.86 80 root Tower 1I|,1U,18,X8,22,22,26,26 0.46 3.26 3.8i? 0.32 0.14 1.38 ) Lloyd Cheney . tAiiitin inAHING ZONES -2- To:Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:November 12, 1986 Subject: #1088 Dale McCurdy, 4041 North Shore Drive Variance - Public Hearing Zoning District - LR-IB Application - Hardcover variance to construct a detached garage List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Application Plat Map Property Owners List Survey Hardcover Calculations By Staff Pertinent Facts: 0-75* Hardcover: Existing « 0% (no change proposed) 75-250* Hardcover: Existing = 5,075 s.f. Proposed = 5,907 s.f. Discussion: 24.6% 28.6% This is a request to construct a detached 2-car garage which will increase applicant*s hardcover above the 25% limit in the 75-250* setback zone. You will note upon visiting the property that applicant has an extremely steep driveway leading down to the house, with an existing 1-car detached garage near the road at the top of the driveway. There is not room up above to expand the 1-car garage, which is used by applicant mainly in the winter when the steep driveway is a problem. There is no way to construct a new garage at the base of the hill near the house without adding hardcover, since 2-car garage over the existing driveway apron/parking area would leave little room for backing out, would encroach too near the existing sewer lines on the property, or would require major excavation and extensive retaining walls in order to avoid the sewer lines. It appears that it is very necessary to provide a backup apron at the base of the hill to avoid cars having to back up the driveway. Note that the sewer lines on applicant*s property exist there without easements. This would be an appropriate time to request that easements for the sewer lines be granted to the City. Zoning File #1088 November 12, 1986 Page 2 of 2 Note also that the existing garage at the top of the hill is non- conforming in that it is partially in County Road 19 right-of-way and opens toward the road. Applicant wishes to retain this garage for winter use. There does not appear to be any room to relocate it within the property while still serving its winter purpose, unless unusually extensive retaining walls are constructed, which is questionably feasible at best. Staff Recommendation: Staff feels there is an obvious hardship in constructing a garage on the property, given the steep slopes and the location of City sewer lines on 3 sides of the house. There is a definite need to be able to drive forward up the driveway given the access onto County Road 19 and the slope. Staff recommends approval of the variance conditioned on removal of the approximately 250 s.f. of plastic sheeting under existing groundcover west of the house, and subject to applicant granting the City the appropriate sewer easements (Public Works Coordinator, John Gerhardson, has stated the easement should be 5* either side of the pipe. The garage will be adjacent to, but not on, the sewer easement.) Also, Planning Commission should address the issue of the upper garage; i.e. although it is non-conforming, do the hardships to the property justify leaving it in place? It will be extremely helpful in your review to drive down the driveway (if it is not icy!) to get an idea of applicant's dilemma. Note that applicant's contractor obtained a grading permit to do excavation and retaining wall before he knew for certain there would be a hardcover variance necessary, hence you will see an excavation waiting for a garage in it. HARDSHIP I L-l^ fr c C '4 ^ •■' I Mv^’s r mA/iJta»n h V ^c•-^(^A6■'E ArnruiE Top cf\uE cAO^H j oAsl.v»i;-T 6-ET Ep-n+E- h w»i- .Vl DAY:^ EAcr/ vYirOT£ri, Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; IS fjo CT hEE Pr^Acr>oAU Lcc-ATIJ/O lEr- A..G-Ar^VC>E. 'T>\E c.rV" va'.ll . k;ut------- —-- - ' ill » i ADD c ;j Tb M ^ s t Nj ff. L.g <:•- A (j-A A __________________i—E-T" Wg. hAY v-^ V U.U -t orz.x ye y DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS rs“7T rrA'^'7T.'f77p'?7 Describe unusual property conditions preventing compliance with ZoniM Code-Reauirf»m*antR • 1 t\ \A < \ )f\ r et\ ) k \K\^ ^ P Q ^Code- Requirements; 1 A pt s \JfLCji \J DED P Y S ^ W (Ei M Y K ct O ^ E W M \ /, ) M > T~ S W H E ^_____________________________________£ I A tO isuluO. _ > IS AuHcSr f oYE.l. CM t t-4 E Lc ~Tl4 A T~ REQUIRED SUBMITTALS i «s Pl.a»o TI5 (^o'luo 1. Completed Application Form 2. 3. 4. ^5. Certified Property Owners List of owners within 150' (you can obtain this list^rom Hennepin County Department of Finance A-603 Govt Center 348-3271)0 C o, C^AtbJ.yJ0 \ PU/t>J»Sv\ THc L.I ST lo/Zb/8b Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above, list with no return address. i \a J VUi- |a) .. , . vV)T TH£ o\Aftu^C>' L./ST Certificate' of survey including hardcover calculations as required. Fla.t Maip. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees 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. [/ tApplicant's Signature ^ • OWNERS SIGNATURE Date / O / The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property oy City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's Signature Date •7^ (0 //T — _ _ _ __ _ _ _ _ _ _ _ Applicant must have all subml^af^ into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. (2 7 A>0'y. '7 jtA mm.m - ^lu - I-4- -”?*^ •rf .x/t.i 4o 4- i y].•-cr/v- <~' p - /uyZ-o/b 4 'Wt 3 / S^y>^. ^le;j^yvCA-ji- <rw^'^-P^^Xx^.y^|2-<<;^■^'‘-e-.4y^ 3 63 >w .7‘% 0 ZoS 77^^ 1^^7 50•lOO'^o P .^L<2j2_<f-s-e-r^ ..^yuLur"e 5>^ -4^.^"^7* # 1 1.1 3 3 )3 3 ^) (i \ c:7 vw TT\ X.'X K rn rr ^ o o o ui o o > 4> o>c r- 9» o g mo </)»-« o ^ 5 ^ ^ ^ H n O 2 ►-*"siv O H f^> •< X 1/4 in cn U1 X i>4 O O' « ^ m o -< o:a cn 4> X 4> Som o § 3- n r 1 iv »V.u* i V* •rt; ;‘’i Vj* .'*^•1*,** > .-^• o 30 S a > Hm N M 30 m § > ism • •0 H - %M O Certificate of Storey; I hereby certify that this is a true and correct repre- sentatiOD of a surrey of the boundaries of Lots 7 and 8, and that part of the Easterly 11 feet of Lot 9 lying Northerly of a line described as follows: Cod- mencing at the intersection of the Westerly line of said Easterly 11 feet with the Northerly line of said Lot 9; thence Southerly along said Westerly line a distance of 157,25 feet to the point of beginning of the line being described; thence deflecting left to a point on the East line of said Lot 9 distant 217,3 feet Southerly ftoa the North ­ east corner of said Lot 9» and there ending, Highwood Lake Minne­ tonka, and of the location of all buildings thereon, and all visible encroachments, if ary, from or on said lond. For purposes of this survey, the waterline as of 10-14-75 has been assumed to be the Southerly line of said lots Scale: Date : • I o t 1" - 40' 10-14^75 Iron marker found Iron marker set Land Surveyor and Planner Long lake, Minnesota I ^(ya u. Plat of Survey for Dale J. McCurdy in Lota 7, 8, and 9, Hishwood Lako Minnetonka Hennepin County, Minnesota Co f r'' •. ••>• Certificato of Suxvay; I herein certify that this is a tru9 and correct repre­ sentation of a survey of the boundaries of Lots 7 and 8, and that part of the Easterly 11 feet of Lot 9 lying Northerly of a line described as follows: Coo- mencing at the intersection of the Westerly line of said Easter^ 11 feet with the Northerly line of said Lot 9; thence Southerly along said westerly line a distance of 157.25 feet to the point of beginning of the line being described; thence deflecting left to a point on the East line of said Lot 9 distant 217.3 feet Southerly from tb« North- / east comer of said Lot 9> and there ending, Highwood Lako Minne­ tonka, and of the location of all buildings thereon, and all visible encroachments, if any, from or on said lond. For purposes of this survey, the waterline as of 10-14-75 has been assumed to be the Southerly line of said lots 1” - 40* 10-14-75 Iron marker found Iron icarkor set CSordon IX, Coffin Rog. 6O64 Land Surveyor and Planner Long Lako, Minnesota • j 5 i i To:Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members From:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:November 12, 1986 Subject: #1089 R. Hunt Greene, 865 Partenwood Road Variance - Public Hearing Zoning District - LR-IB Application - Hardcover, lakeshore setback variances to construct 2-story kitchen/master bedroom extention and spa (sunroom) additions. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Plat Map Property Owners List Survey Survey With Staff Notations Hardcover Review Topographical Survey Resolution #1562 Approving Variance, 1983 Minutes of Council/Planning Commission From 1975 Variance Approval Pertinent Facts: Setbacks From Stubbs Bay: Existing House - 48' approx. Existing Deck - 39' approx. Proposed Kitchen/Bedroon Addition - 42' approx. Proposed Sunroom - 60' approx, (also 60' approx, from channel) 0-75' Hardcover: (94% of property is in 0-75' zone) Existing ® 5,065 s.f. = 11.0% Proposed = 5,357 s.f. = 11.6% Approved in 1983 « 576 s.f. net increase from existing, which would have totaled 12.3% but was never constructed. 75-250' Hardcover: (6% of property is in 75-250' zone) Existing *= 600 s.f. « 20% No Changes Proposed Discussion: This is a request for a hardcover variance and lakeshore setback variances to construct two separate additions to the existing residence: Zoning File #1089 November 12, 1986 Page 2 of 2 1. A two-story addition to enlarge the existing kitchen and master bedroom, to be located 42' from the shoreline of Stubbs Bay, or extending about 6* closer to the shoreline than the existing house; and 2. A lO'xlO' sunroom, 1-story at ground level at the midpoint of the house on the north side - this would be about 60' from the shoreline. The existing house was constructed in 1976 after having been granted variances to lakeshore setbacks and hardcover. In 1983, the previous owner requested and was granted a variance to construct a two-car attached garage in order to convert the existing garage into a recreation room. An additional 576 s.f. of hardcover was allowed with that approval, but the garage was never built. The new owner, Mr. Greene, is requesting to add on in a different location than the 1983 approval, and the current proposal is adding hardcover in a location that from a drainage standpoint, is closer to the lakeshore. However, the current proposal is at 292 s.f., or about half of the 576 s.f. approved in 1983, and Mr. Greene has stated he could reduce or eliminate the gravelled parking area west of the house, which would reduce 0-75' hardcover up to 800 s.f. (leaving a total of 9.9% in the 0-75' zone). Please review the exhibits and visit the site if possible, that the house has no basement, so that space is at a premium, properties' views will be affected by the proposed additions. Remember No other Staff RecoRiaendation: In order to recommend approval. Planning Commission should find that the hardships to the property justify granting of the requested variances. Those hardships might include the lot configuration, proximity to lakeshore on 3 sides, existing house location, topography, house layout, etc. You might wish to refer to the variance approval granted in 1983 for an addition that has never been built. A condition of approval could be removal of a specified amount of gravelled parking area. In order to recommend denial. Planning Commission should find that the requested variances are not justified by hardships to the property. J ‘ Rt; 1^'] 3 7 /o/J V/ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address r PftilT6=A/i^ooO /cO . Property Identification Number (P.I.D.) -OOl-. Please check one - Is the property abstract or ____ torrens? Please attach legal description to application if not included on required survey. APPLICANT Name P. /V ua /t Phone // - I -ogyr* Mailing Address ____Lc/K> ^Kd ^ /yy OWNER Name /f. /4* '^T Phone // - </7/- Mailing Address Date Property Acquired >tfK (month/year) I (^y (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District _ _ _L/f- //$_ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $3o,oOo Describe request in detail; (cacif^ ACPtrip/^ _________Of>’ tVHiCW /JOT 6£i _______________ VARIALCBS REQUIRED Lot Area Setback Variances (_ _ _ Other St'rSM.u. /^Co/a Lot Width Front X Hardcover Side Rear) HARDSHIP c ‘ Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; /j ——- - -- -- - - - -—J_ _1_ _ - - - DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe'unusual property conditions preventing compliance with Zoning Code Reguirements*_ _ _f/iaP^^rry /j Pt./^iPis>^uA - <*ty l%>^4s Po f^tyr_ _ _ _ _ Ofi Arty - ^M/V^ H ^ArP/{ 1 REQUIRED SUBMITTALS 1. Completed Application Form J2;^pCertified Property Owners List of owners within 150* (you can obtain ''^this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address. , • % Certificate of survey including hardcover calculations as required. Plat Map. The Applicant and Property Owner must sign remember that your variance application is information has not been included. this application. Please not complete if the above APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees 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 )cnowledge. Applicant's Signature CWNBRS SIGNATURE Date The owner hereby ackowledges 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 verification of this request. Owner's Signature .*i Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. If •’ <1 O O XJ M m *n m 33*”m 73 in m O rn*53 m M ^ Z > Xrr Tjm > \ -< > m CJ 70 O ;o o -n >: :u n 7Jrn Z>•3m oa ;g 3•a (9o U1vn o iM O •n c. o w C > 04 03 r- 3 -!> r- m o m CO o o 50 Ui H a I O H- Z Ti -n ^ C O ^ ^ r- X 3 m c/)S » Hm H ;o o z I f'J ui 04 n O M M M O Oo .V m • 1 I ►r* on 5o X oo oooo ssbbJL S:zcm N g O -4 Or:§ T3 ni> :o -< 5J 550 > 31a-o ga o o>73 a> o o zo -o > 3 50 Z Hm ui 04cna* n a CO CO m m oi O’ C- Hto X Oz o o 09 03 O O OI I H CO TJ H* g*^ i fr> 04 04 r a o > O H z O CO o § r- 09 m Q »- 3 Z ui M a r- "Oeg" X H #• m ni*iio r- mcn » m OI a z 045 " m o 04 O 09n o> N OI O O Ot Z I m -o •-•.gv H M X m 04 mr, ^ N 8 O O O rn a 04 r?c L (C ( •«MlOJ?• Hn X ;oi oo o5 m 0 \ ro 01 \ $ (0Hm m i •o g§m • -o M 04 5 O C f <■ • • f f • I ■ 4 • »’ **• . , I|I*» ‘kI •« * • • f • • • < * • • • • •* . ••• »\ ii{ * -K r I ^>orrO 3,-f. f^C itJ c>'-7s’ I ^•.•r:i,'V fcrti'y t.jy.t In I:: « " 6*^T'£>!£> nrr^l2.c - <:?'*7S' erst 5-04^5^ •’P-''’-nt.it5cn of a , ^■f *-'ar:r ‘-err: ji :r‘*y » f m. > r-o'.r.Jriri' *- r.f 1, :;ir->. ;•, r rt/ r.woc'.*, *ho lorriUcn <'! ;;U .;>.inLInr t;.U..i*if; , v:/; t: r 'T'^porcr: Icr .Moi; cf n pro- M-i I ; i:.)', i* ;rn'*r, m ."I *0 iihcv otr f r Ir;;'<ri ii /.r.y, in «ir Iviv 1 /. #774 Cculo: !>iUi : o : I” - SiO' 7~v-r> Iron r.virktfr* conrr.K k. co?fim cc.,t‘;c. (i@(iOW[i1AUG- 11963 CITY OF ORONO V»i T*l* r*vlr^nbnn: R'it:. N'.l.'i7l)5 Iy»Mc] :;Lr’.’*.yDrc and i lu;.n'*rr hoi>i; lyikc, Ilii.ri'*2ota iiiiinraiiiii iH I ^ nifl■ll11l i*'.'V ! HARDCOVER REVIEW 865 Partenwood Road 0-75* Area * 46,000 s.f. +/- 75-250* Area = 3,000 s.f. +/“ 0-75* Hardcover Existing Driveway (20x45)+(15x15)+(10x150)+(20x40) House (20x22)+(15x7)+(50x20/2)+(7x20/2) Deck +/- 450 s.f. Sidewalk (2%x30) = 3,425 s.f. = 1,115 s.f. = 450 s.f. = 75 s.f. 5,065 s.f. 5,065/46,000 * 11.0% Existing 0-75* Proposed addition in 1983 was granted variance to add 576 s.f. net hardcover (after misc. tradeoffs) which would have been a total of 5,641 s.f. or 12.3% in 0-75*. That addition was approved but never constructed. Current Proposal Includes: 10*xl0* Spa Area (lower level) 12*x9*xl6*x5*xl4* 2-Story Addition to Kitchen & Master Bedroom 100 s.f. 192 s.f. +/- 292 s.f. 5,065 + 292 * 5,357/46,000 = 11.6% Proposed 0-75* 75-250* Hardcover (house, overhang, walks, etc.) 600/3,000 (No 75-250* Changes Proposed) = +/- 600 s.f. “ 20% 75-250* hardcover "6('CV 7(-^/1 ixjux.l \M #74 ,r! • 1,1 :over y r-1' ..of"'- I »' •p rr" X \J .r\.t' A? / o jfF' .1^ .............. • >.••• X AT*^ vtSt o 4 r\^ ^ y Trr .Toi^n F. Allonburg of .A->t 1, FicrV ;>j Fftrt*-nvpcd H»im:cpin County, Mlnriorcto Certiric»it-o of wUrvoy: the“"n^r?Horo-">fr' nrA‘- .'"Tr*' ’•—=-"^-^*-10:, of , e-^-voy of .■ml.u„,. topo;x;pMc suA^y o^W, .Cc'ilo ; U;le : 1" = 5(' /.-r/.-7r Iron jn.or*:«r !-or'':r.n 71, ^r-TH n Rnf; paKl Cu'-vuynr -in'i ri'inn.-?r !,«;V:c, MJnnvHotn , ^i064 \ mi Pis { ORONO ^ ■ . i. • '.. V, V ../^i I, s'* ),; City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1562_ _ _ _ _ GRANTING A VARIT^CE TO MUNICIPAL ZONING CODE SECTIONS 34.201 AND 34.202 — FILE #774 1. ^ • 3. legally dSed "a°s"LoVt'^B^oct '2' "7."“”’ - c?ty-o-vro WHEREAS, the owner has aoDlied ho hho ri»-w ^ Zoning Code Section 34.201 to oermit hhp ? variance to Municipal Sf -ra-rs?-.?.' ■••■■' NOW, THEREFORE BE IT RESOLVED by the City Council of Ocono, Minnesota: findings This application was reviewed as zoning file #774. Eoning° oYsV'rlctl^"'''"" ^^X^^hore Residential .Tqs,°'^°"° Planning Commission reviewed this application on Auoust 15 findings:^PP‘^°''al of the variances based upon the fallowing sitbacJf/ro: ''t^'"latVh"ore"?^ b) The lot was approved as a buildinq site in lQ7q u protective standards were establish^ed by the City/ ^ lakeshore The City Council has considered this application includina the findinoe and recommendations of the Planning Commission, reports by Citt staff comments by the owner and other interested persons, and the offe7^ „f h/l proposed variances on the halth, safety a^d /^Ve":mL°/ty! pecuH^r conditions existing on this property ate 'tLT g°ra"n°tVn^g'’\Ve^"v7rf//.:° code and comprehensive plan of the City. page 1 of 4 f* m} L City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1562 CONCLUSIONS, ORDER AND CONDITIONS variances to Sections aV^^l'^ancf 34^ 202\o^oer^ih^° Council hereby grants stall garage on the property leaalIv rfp»«?or i k ^k* construction of an attached two east/l%oon shore!fn^and 65 feeJ /rorth^^^ located 39 feet from the required 75 feet a^d to allow a^increLe of the lake where none is allowed subject to the follot\nrcond“u^^^^^^^^ 1. No other variances are granted or permitted for this structure. 2. The City will approve no future variances for this property. thr°Jn^\\®but Tre^pe'^rmissiv'^^^^ '"''® P'^?P®tty and not with ■ for a building permit within ont v/ar o^f .h a^’t ®PP“'=®tion.hi. or.h':ra^'.r;.t;v..c°ri!‘;,rr " r,.:;..rh.r.r AH‘ii u«r:i •<">. ...i* 4. ATTEST: Adopted by the Orono City Council on this 12th day of September, 1983. CITY OF ORONO Alberta M. Strom, city Clerk Mary utler. Mayor r^perty Owner (s) "' Property owner(s) or.o::D cr::::ziy, n'.rj:.-.!::? or-'):.';ri 27, }.973 I’r.gri 1 'I IV. I ■I • r Tii3 vriTwr.*!33 jT::333f.'^^'-cr:. vovl.O. h.r.vo i.o J'o Vizyil.C-i i:oUc-.:3t3 Co^ ip-::ovc\l t‘j Icco/jo a ajrvctUL-a GG5 Vci::tcwjooa Icsa than 75* fro.v. Uio f-l:orclino at CG5 Partcnv;caa, (Continued) The Plcrjiing Ccr-iicoic::; rc;;ucr/ccd thic propocal ba returned for rcvic;? for rcccr.rr.enclation to Council. Ilr. nilcnbnrvg*c prepoeal includes three copara to variai'-ccc frors tUo ctructirro cctUacI; rcquircv.ent of 75*. (Varianoo of 17* Creni Ctidibo Day, 27® froD tirj channol and 3* from i:.:i;;;oll Day). The distance botuver bays ml:c it Ir.pocciblo to build cn thic lot viitUeut any varianccc. •• If the prcpcccd Lceatich t'ero n:ov'od 27* to the feet ai'.d 3* to the nertli, Q variance of apphorfieetoly 30* vrould he.required from Gtubbo Day cniv. lio vt.rialce \:euld he ncceccary from the cIiGi.noi \ot ICajr.rell Day. The topography^ included with the Iicuce plane submitted indicate Glo'\?ation3 in tliic general direction to bo fairly cenoxctent. TIrls pcecibility should be considered. The c:.T,er should be informed that the hardcover CQthacIc requirements pertain to oidevralko, patios and driVG’jayo also. Planning Coimicsion hetion - October 21, 1975 The lot is too small to maintain all the necessary Gotbachs, tI:er:o is no pocciblo way of expanding the lot width, the location is such that runoff V70uld be away from tlie channel and approval of a hardcover variance tritliin 75* of tho chorolino for tlio house, garego and a rcaconable drivevray subject to a layout for the driveway presented to tho Zoning hdministretor for his rocomendationo. Butler moved, vrelch seconded, to approve the request of Ilr. John fillenburg, 865 Pcrtenv;ood, for threo lal:cchoro r.etbac!: variances from three shorolineo ns etated above and approved by tho Planning Ccmmiccion. I'otion, Ayes (4) - Hays (0). nr. Henry Hubich, Duildfug i» Zoning /.dminictrator, reported to the City Cou:»cil that cn October 22, 1974, a laliecliore retbaclc variance ^;as granted ilr. Uenhetorn to ccnctrue;;a c:;;elling at 650 north H'roniDhTiou Variance C50 north Am Drive Arm Drive. Mr. Uenhetern has not as yet built hie home and t?..o statute of limitations shall have erpired cn Getober 22, 1975. He has therefore requested a rcnc*.;al of tho variance approval. On reviev; of the ren'real propocal, I find the variance would also have to include hardcover setback (34.303) and lahcchorc grading (Ord. Ho. 125 and 1G7). Tho site plan submitted shoves (Continued) ^'4 I . • 5* - : * i /V V’* Iv, H. P. I-Viich Czlz'^zr 15, 1D75 O John /LllcrJjurg - TIizco Vcricnrcn tlircn cl:crelin-3 CG5 rartcn*..'3cd - Stru::curo Loioicihoro SctbncJ; fnzn ^ vcriojo prj:c;:;.lc in tiii<' ^ -ci'wh::c.-; ra- v.T.'il.ci imvn to bo Cn The vo^ticnco cco th-n 75 ft. frcci tJio cliorolire at C55 ^ ctructuro Si P-PO301 bo .ctumcci for varianco fren tlio t Eryo rnif:03 it lnpcooihlo to buS5varicncoo. ^ ^ ciuid on this lot without c fSTfJ^}:Sr}^^ ft to FKCXnj OK-nrjiciI /£no;i - Oitct^r 21, 1975 ono::a co'j::r:.T.r. irjr.Tjna iiu'-d o"j7;oDr.r. ?.97r>Pngo 6 : i Pri’co I’nllicrrQii, C:^.^.y l.tt^rncy, cr“::.'^nt:cc7 that fill plcccd bolo*.7 clcv~:’:.j.c"i P30 ’ xrx ’.lcl 'rcqu.i'.'o plrncj to bo ciibniittC'J to tl'.o Ccrpo of limy Engineers V7ith on ciiViroriTr.ontal ir.poct ctatcr.cato Ilo* Euirg rcqtootccl n fivo-r.iJLnuto b”ccl: to diccuoo tlio protocol \7ith liio client. Council r.ovcd to Iten 015 I'r. Goorgo Jclmccn cn^ Mr, John Allcnburg r.ppoarcl before tho City Council regorCing Mr. Allcnburg*o reguent for n variance to construct a Uono at C05 Partcn'.raci, Ilr. George Jehneon c'catccl that ho die! not r.grco that a variance frcoi the lakechore 75* cotbeci: i7c.o neccecairy, Mr. Johnson further stated that 30* cetbnchwO vrero included v;hcn the division \:23 accented in 1972 and should thus provide autcratic acceptance for all setbacks in the future. Mr. Jc!nson stated that: VAHIAIJCE BOS iertemvood • / r ■- I • 1 1, The prcpcecd here will not block viev/ of the lake 2, Mill provide for protection of direct storm tretcr runoff into the lake, 3, That tho proposed homo will not destroy trees, terrain cr nattiral ground cover. Mr. Henry Muhlch, Building & Zoning Administrator, stated that only one Planning Corniooion merrber lira reviewed tlie proposed building cite and felt that there \;crc otlicr viable alternatives to locating the proposed heme. Acting Mayor Walter Masscngalo ioferned the applicant that tho existing ordinances required a 75* cotbaci: and tliat in view of the proposal in front of the Council, a request for a vc.ricnco from this 75* setback to a 50* setback, or a variance cf 25*, waa being requested. % tiolch moved, Maccengalo seconded, to refer to the Planning Ccrcrlcnicn a request for a variance of 25* frera the 75* setback to a 50* setback based on a staff finding that tho 73* setback ordinance docs apply. Moticn, Aycn (3) - Ways (0)• After Item 015, Council returned to Item Oil Mr. r.on Mrckovits, attorney representing Mr. Kennedy, requested tiro \:ccl:s to review the City Engineer's report end rccc:~'endaticns. Ibr. Kackovits v;as infemed that this item will bo placed cn tho October 27, 1975 Council agenda. VARIAirCE FOR A PEMMIT 2435 Scotch Piuo Lano 5 . i r*.. ronnon K. F. ’:a»iich October C, 1975 Jo.m Alienburg - 1720 Shodin^ocxl Prad I. { ! ; i ':r . • *• ■, • « Plrnninn c<- Quonm not present - Octo)x?r 7, 1975 Georg. Johnson, 0« pr<^ \'!C3 platted vatli a 30ft IM-e^r^c h \ Pcirtcn-.-.-oal /^Idition, i.o., that aiava^co ofa ?? ^ ^obdivinion,tha plat Tlya Pi-nnin^ n . "*-^^‘0000102 octbac): w^ls aotiroved with givo'^M^opIS^^o™ at tlioir ne:.t ircating. The Cc~rii"qif^ ^ r>-vicw tfc rattor flication b3 MlcrJxurg a.o- a varionca is reqiair^l. ^imcnc.aticno. i. it is founo tliat I / . *. A .* • ■ ; • \'^:m ■ v ''. ■ ' V •«• *.• 1 Tto: Pn Date: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Michael P. Gaffron, Asst Planning & Zoning Administrator November 13, 1986 Subject: #1095 City of Orono, 2345 Blaine Avenue - Conditional Use Permit - Public Hearing request for a conditional use permit for the PlMt^i^iter" preparedness siren at the Municipal Water List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Property Owners List Plat Map Memo & Attachments From Police Chief, Mel Kilbo Site Plan ^ conditional use permit pursuant to Zoninq 10.20, Subdivision 3 (D) which requires a conditional use to install public service structures. The City proposes "tei^nSono ^^® Plant. The pole is a standard slrArPonr»i ^ ® With Siren at a height of 55* above the ground. The siren enclosure at the top of the pole is about 6'x2'x4* and can bf» system will be within the fenced area of the •is the siren will be for weather or civil emergency only, and tested monthly (1st Wed^sday 4 5oV Vhi r*"l‘ ; ^.^® coverage is rated at a radius of4,500 (see the City's siren plan attached). The siren has capability directionally as a voice loudspeaker in the event of the need for an evacuation. nn^-^ JL® ^oK®/ received no inquiries pursuant to the public r*»mi»e+-’e Kilbo notes that over the past 11 years, he has hadrequests for such a siren from a number of residents. recommends approval of the conditional use permit for the weather siren, subject to the structure being located 50* rom the nearest residential lot line per the proposed site plan. 17-117-23 34 0025 Don Hines 2285 Blaine Ave. Wayzata, MN 55391 17-117-23 34 0024 Lori Arne 2265 Blaine Ave. Wayzata, MN 55391 17-117-23 34 0026 Martin Sandvik 3600 Livingston Wayzata, MN 55391 17-117-23 34 0027 ' Patricia McQueen 3630 Livingston Ave. Wayzata, MN 55391 17-117-23 34 0038 Guy Iverson 3640 Livingston Ave. Wayzatav MN 55391 17-117-23 43 0147 Nark Cuff 3572 Livingston Ave. Wayzata, MN 55391 17-117-23 43 0049 Elizabeth Balter 3577 Livingston Ave. Wayzata, MN 55391 17-117-23 43 0048 Weslay Noreen 3559 Livingston Ave. Wayzata, MN 55391 17-117-23 43 0034 Harvey Reder 3596 Livingston Ave. Wayzata, MN 55391 17-117-23 43 0051 Zelma McKinney 3599 Livingston Ave. Wayzata, MN 55391 t7«il7^3 43 095 0 *tieit' Muym b _____ X tr\ ''•.'Vr**’ ■;o 17-117-23 43 0050 Neil Meyers 3585 Livingston Ave. Wayzata, MN 55391 17-117-23 34 0C12 Kullberg Office Building 3600 Shoreline Dr. Wayzata, MN 55391 17-117-23 43 0107 Evert Geyen G & S Cabinfets 3596 Shoreline Dr. Wayzata, MN 55391 17-117-23 43 0109 Navarre Dairy Queen 3574 Shoreline Dr. Wayzata, MN 55391 17-117-23 43 0033 Gertrude Forester 3599 Crystal Place Wayzata, MN 55391 17-117-23 43 0032 Delilah Mosehini 3593 Crystal Place Wayzata, MN 55391 17-117-23 43 0052 Michael & Laura Swanson 3596 Lyric Ave. Wayzata, MN 55391 17-117-23 43 0106 Garnet Juenke 3585 Lyric Ave. Wayzata, MN 55391 17-117-23 43 0055 Scott St Mary Sidwell 3554 Lyric Ave. Wayzata, MN 55391 17-117-23 34 0045 Lura Ellis 3625 Lyric Ave. Wayzata, MN 55391 17-117-23 34 0040 Truman & Irene Porter 3675 Lyric Ave. Wayzata, MN 55391 17-117-23 34 0033-0046 Schlee Blders. 3140 Harbor Lane Plymouth, MN 55441 • * / 17-117-23 43 0105 Albert Derry 3559 Lyric Ave. Wayzata, MN 55391 ° o A 3 f V - • ^ .»•»/ .. y ' f* •••‘v:. j!*.- • * Cl 1 r*.**i—n: *r.. C. - ,• ryl * , -:• / • * •» vr 4 ..• -t ••.; I - * . • - ^ ^ i •»• • » # • . - r , • • V • ••'•; '%■ «i V Jf'j * • j>C :AT-'I * ...,. I•/ » • ' » ■ *a • f ... ••! • t l.X%m . « |V;f! •nV' ,;;r^ • '.i*- ■* '••••V- . V‘.-v - ,: ;:i'. ' • • #' ^ • j t • •^1/' .^ '..v-sv;,-; ••xi: V I -iV* 7* ‘ .• - -V* • «.• • I ' »>*, ?• • • *# • ^ , •» • ■■ ••* r**v. •■ iiOO * .* • ' .*■ ;. • • , ;•'••; ’ ■ •. ■••' ’.. N ■ .* Vi • » I !• •) ■« * • •• 1•* i* ‘ •• I ‘T* •;.• . .!•■ >•«# •ft * ^ • .»•. A. ' • > ^ r •• % i I .• t -J V v' m \ ^.1 /\i M11 i’!B^ *v^ m ^ IH V o^: . . -4^( “’.nW a.h*©- ^ %. 1 4api °§-^r ‘-i 1 V r .• ^ ~t* 1. 2. 3. 4. 5. 1. 8. 9. TECHNICAL SPECIFICATIONS CIVIL DEFENSE SIREN ORONO, MINNESOTA This specification is for the design, fabrication, painting, testing, and delivery of siren/PA equipment and control equipment for the public warning system for the City of Orono. The system shall be designed to produce electronic siren signals with an average sound level of 124dB at 100 feet and reproduce voice signals with a sound lev§l of 120dB. The sirens shall be two tone, three signal, fire alert^^and attack. Siren/PA units are'to be designed to operate in an outdoor environ­ ment. Each unit shall contain a speaker cluster and control cabinet designed for the housing of panel mounted electronic assemblies, batteries, and related components. The.Contractor shall furnish, or arrange for labor, materials required for the complete installation and operation of the sirens, including J mounting poles and all electrical controls. The sirens will be mounte on Class 1 poles 55 feet long furnished by the Contractor and mounted according to the manufacturer's recommended specifications. All components of the sirens shall be installed on the poles with no part thereof lower than 10 feet from the ground. The installation will include all necessary equipment to operate the sirens from the metro net-system on the radio control system. Sirens shall operate on 110 or 220 volt systems.* Bids shall include any power company charges in connection with such installations. • • The siren will oe installed at the following location; City of Orono - Water Treatment Plant 2345 Blaine Avenue Located in Ncvarre Siren shall be equipped with a timer to activate alert, attack, and test/cancel signals. Siren shall be set up with the necessary equipment to receive Hennepin County's signal that will activate the fire siren only, llie siren will be set up for radio controls that will activate the alert and attack signals from the metro net warning system. Si-] u rasiA • © WAY2ATA « 1 I •■ k- f' 7—; , nv*-iT. -V-' ♦ •• s' Li-^J SIREN ENCLOSED IN FIBERGLASS FOR SUPERIOR WEATHER RESISTANCE SPECIFICATIONS Rated at 125 db at 100 feet Weight-425 lbs. (approx.) Dimensions—72"H x 26”W x 49"D ■ Designed for maximum acoustic performance ■ Total solid state circuitry ■ 360 degree rotating sound beam, gives maximum coverage ■ Assembled and tested at the factory under rigid quality controlled conditions . ■ Failsafe protection circuitry for power amplifiers ■ Voice capability at site or via radio control ■ Battery powered requiring minimal AC service for charger The decibel rating of the ACA equlpinent dis- ®*^***^ •$ based on testing done by inde* ^ndent laboratories under ideal conditions. Test results may wary depending on various factors, including weather conditions. KWHtfeia INTRODUCING THE MOST EFFICIENT ELECTRONIC SIREN ON THE MARKET TODAY! jr I« - • 'i »• ** t# • .. •v- • . —i Presented by the manufacturer that offers the most comprehensive line of outdoor warning siren systems in the world, ALERTING COMMUNICATORS OF AMERICA. "YOU CAN DEPEND ON US" morp^thflnMl^'^® been in use around the world for communities depend on inn fni systcms fop disaster warn- nrp applications. Every siren ispre-tested and warranted by A.C.A. Manufactured by ALERTING COMMUNICATORS OF AMERICA P.O. BOX 308 • 10255 N. ENTERPRISE DR • MEQUON. Wl 53092 TELEPHONE 1414) 242 2800 Warning Siren Specification/Features ALERTRONIC 6000 General: 1. '2. 3. 4. Siren is rotational to project beam of sound in a 36b° pattern. Siren rotates 3 RPM to provide complete and constant sound pattern (does not oscillate, which causes a lag in the ability of siren to cover areat pattern). The rotational siren allows for weather vaneing in high wind conditions by means of a torque limiter assembly which re­ duces tension on internal components. The siren is completely enclosed in color impregnated fiberglass to prevent rusting and painting maintenance. • • 5. .All metal is plated, primed and painted to prevent rusting. .6. The siren is capable of independent operation off of a self-contained DC power supply. > operate from two 12 VDC rechargeable batteries wired in series for 24 VDC operation. 8. Control is supplied with battery charging unit which operates off of 120 VAC 60 Hz/230 VAC, 60 Hz with an output of 5 amps maximum. 9. Batteries keep the system operational (providing a minimum of 30 minutes operation after extended periods in the standby mode) up to two weeks • after primary (AC) power failure. Controls: 1. Local control of siren activation consist of 5 pushbutton commands for man­ ual operation of the unit's signals and Public Address (as well as a switch for rotational control). 2. Controls are able to be set so that the siren can be intergrated into a larger system utilizing land line activation or radio control. 3. Amplifiers in conjunction with speaker assembly operate at less than 4.0% distortion at 1 kilohertz at maximum output and less than 1% distortion at 1 watt. 4.Amplifiers are individually fused so that each amplifier is protected in case of malfunction. Amplifier outputs are short circuit protected to pre vent failure due to shorted speaker drivers. and inspection, a lighted display is used to iden- tion component and associated power source is op- :ching between Hi and Low sound outputs from 1 watt driver for service and testing purposes. This way. lit does not cause undue alerting of the public. •e housed in lockable NEMA 12/3R rated enclosures tvent rusting. ‘e housed in a separate enclosure, isolated froifi IIS separate enclosure is vented to prevent fumes of electronic components (rechargeing fumes are ould have some effect on sensitive electronic ng explosive if exposed to opening and closing en controls are capable of operation via radio by encoder connected to a transmitter, which in turn 0 the siren location. At the siren location a T the siren control. The decoder receives the jes the message so that the signals and Public area inside the NEMA 12 enclosure for radio de- . there is no need to install decoder on the pole box. if the system parts and components are capable of ng ranges: ure e -40® C to 60® C -65® C to 125° C 0 to 95% 3n, the siren should be mounted 45 to 50 feet ""17* a pole mount for a well balanced installation. y assembled and incorporate plug-in weatherproof feen the siren and the control unit to eliminate ice costly installation time. ovided with the siren package including greund- s well as cable guard. A.C.A. ALERTRONIC 6000 SPECIFICATIONS * - » Power Requirements Input Voltage Input Current Battery Charger Voltage (Input) Battery Charger Current Electrical Local Control Signals Available Radio Input Radio Output Microphone Input Output Power Output - One 11 Ohm Speaker Two 11 Ohm Speakers Frequency Response Distortion at 1 KHz Max. Output 24 VDC S2 /OS' 120 V/ 240 V 4 amps 5 Push Buttons Manual 1 Switch Rotational 3-5 Minute Steady 3-5 Minute Wail - 6 secs. Up/ 6 secs. Down 1-5 Minute Slow Wail - 12 secs. Up/ 12 secs. Down 1-5 Minute Hi/Low - 1 sec. alternating 1-5 Minute Air Horn 5 Micro Volts for 20dB S/N -lOdB -600 Ohms -lOdB 140 W RMS 290 W RMS 272 Hz - 10,000 Hz 3dB Less than 4% Ip/ lown lating • i f. . ■ I.. r r. SIGNALS Steady - Alert Cycle - Attack « Cycle Slow - Fire 1 Hi/Low - Fire 2 Horn Public Address Sound Output Measured at 100 ft. environmental Temperature: • • Operating f Storage Humidity Wind Speed Ice Accumulation Physical Dimensions: Cabinet - Controls Cabinet - Battery Siren Dimensions Siren Weight Maintenance Schedule: Batteries FREQUENCY OF OPERATION 700 Hz or SOO Hz Single Tone 500/650 Hz Dual Tone J50 Hz - 650 Hz Single Tone 450/600 Hz-600/750 Hz Dual Tone - 650 Hz Single Tone - 600 Hz-600/750 Dual Tone - 600 Hz Single Tone 450 Hz 450 Hz • 450 Hz 470 Hz 275 Hz to 10,000 Hz @ 700 Hz • -40® C to +60® C -65® C to 125® C 0 to 95% 100 MPH 4 inches or more 36“ X 30“ X 10“ 16" H X 30" X 17%“ W 72“ H X 26" H X 49" D 425 Lbs. (approximate) SWEEP RATE Steady 6 seconds 12 seconds 1 second 1 second 125dB(c) f ^ 4 • - •m 4 Two (2) times per year check connections, clean battery posts Two (2) times per year inspect cabinets for leaks, repair as needed, tighten connections A.C.A. recommends a minimum of one test per month on any of its siren products. proitdes‘rj!n « tfe A.C.A. Standard Warranty except A.C.A.proviaes a two (2) year electrical component warranty. 0 UMITED WARRANTY I » UMITID WARRANTY: All RUNG COMMUNICATORS OF AMERICA CACA) warronts that Ihi: siren equipment meet^ all required specificotions of the appropriate regulatory aulhoritiss or>d it will be free of defects in workmanship or moleriol for the p>eriods set forth below The MECHANICAL cor. porienfs of Ihis equipment ore worronted ogoinsf defective workmonship or moleriol for o period of THREE YEARS from dale of shipment, provided t!;jCh equipment is installed, serviced t ■ operoied in occordonee with any instructions ond monuols supplied by ACA The ELECTRICAL components of this equipment are warranted against defective workrrx3r\ship or moleriol for a period of TWO YEARS from dote of shipment, provided such equipment is instolled. serviced ond operoted m occordarrce with any ir^structions and manuals supplied by ACA EXCLUSION OF ALL OTHER WARRANTIES; The foregoing is ACA’s sole worranty with respect to these goods ACA HEREBY DISCLAIMS ANY IMPUED WARRANTY OF MERCHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE AND AR OTHER EXPRESSED OR IMPUED WARRANTIES. EXCLUSION OF AU OTHER REMEDIES AND UMITATION OF ACA*S UABIUTY: Buyer ‘< SOLE AND EXCLUSIVE REMEDY against ACA shall be for the REPAIR OR REPLACEMENT of defec*^ developing during the warranty period, provided that the buyer retii n the equii. nt without expense to ACA's factory at Mequon. Wisconsin The SOLE PURPOSE of this EXCLUSIVE REMEDY is to provide the buyer with free repair and replacement of detective ports in the marvier provided herein and this remedy shall not be deemed to hove tailed of its essential purpose so long os ACA is willir^ and able to repair or replace defective parts in the prescribed manner The buyer agrees that NO OTHER REMEDY SHAU BE AVAILABLE to him ond that ACA shall r^ot be liable for any incidentol or consequentiol damoges. including loss of income, loss of time, injury to personal property. Iiobility buyer hod with respect to any other person, or for ony other type or form of consequential damage or economic loss. In additioa the buyer hereby waives all liability on ACA's part arising from statute low. strict liobiiify in tort or otherwise, whether or rK>t occasioned by ACA's negligence. In ro cose sholi the liability of ACA exceed the cost of cor reefing defects in the equipment and. upon the expiration of the tvo ond three year-periods specified above, all such liability shall terminate. A" ALERTING COMMUNICATORS OF AMERICA 10256 N fnlsrpriM Drlv«, P.O. Box 306 Moquon. Wisconsin 53092 1414) 242-2600 7^:^v L-' ^ 18 *£*-* -T' 'f fc :■ i ■ f-t. ;--*^**•^' ■.^..* ’JC'■‘•Vi- r^'.^' ?v - • -■’■> -^* ^..^■‘il .'"-^'?. -■•'-; '“ ^■*‘ ■'•'^-•;4^-v>»** -1 •'-jTr.TTr SjL^ ifa« You will note that any references to sound ievel measurements in this brochure involve several factors: Sound pressure level: Measured in decibels on the C weighted scale. Free Field: Obstruction free, non-reve ’ berant anectioic chamber. 100': Distance from siren to sound receiver point. On Axis: Sound receiver is at same height as siren speaker in a direct path with the speaker projector. Frequency: The number of sound waves produced per second (cycles) by a sounding body. Decibel: Unit of sound measurement. A change in decibel reading of + 3db results in a 100% increase in sound pressure level. Inverse Square Loss (Spherical Divergence): Each time the dis­ tance from a sound source is doubled in a free field, a 6 db loss in sound pressure level will result. VVhelen High Powered Electronic Sirens .lave been tested and certified in an anechoic chamber. 'I'liis measurement has been e.\- trapolated to a 100' a.xial measurement, and is confirmed by field testing. Our free field measurements are verifia ­ ble under similar conditions. No reference to increased sound pressure level (GAIN) as a result of a questionable “ground reflection factor ” «s included. A siren installed at a standard mounting height from 35' to 60' is unlikely to ger erate reflections adding to the free field sound level. Such a dependence upon reflection to inflate or adjust the sound level is an unreliable method for use in system planning. Frequency has an effect on the range of a siren; higher frequencies will attenuate or lessen more over distance than sounds pro­ duced at lower frequencies and should be a consideration when planning a system. For a guide to planning your outdoor warn ­ ing system you may refer to a document pre-' pared for the Federal Emergency Management Agency (FEMA) entitled “Outdoor Warning Systems Guide” #CPG 1-17. This docipent reviews the many procedures involved in site selections, sound coverage and system planning. B 800 124 -10 C 1000 124 -12 D 1200 124 -15 I ION Federal's SiraTone system has been developed for applications requiring both siren warning sound and voice communication, and for emergency operation regardless of primary power outages. Its electronically- produced signals are identical to that of a Thunder bolt penetrating electromechanical siren. Two models are available—one omni-directional and one rotating—each capable of producing up to seven different signals plus voice. -s « I *. fe- i; Iv ...-jv' SiraTone Systems The SiraTone system consists of a high pov.cr speaker array, a control/amplifier/ battery cabinet which provides 30 minutes of continuous full signal operation independent of primary power. Activation of both siren sound and public address messages can be by Federal's Siratrol radio control, a pre-installed option (see page 11), by push-button switches connected through landlines, or by direct access. Installation cost is low; no additional electrical services are required. The control cabinet EOWS*C/B contains a diagnostic testing circuit that allows system checkout without alarming the public, a command verification digital counter, signal timer adjustable from two -to five minutes, signal ^ generators, amplifiers, automatic battery charger, optional speaker position control circuitry, and manual siren controls in a NEMA 4 enclosure. It will operate in a temperature range from — •35®Cto +75*>C. ; .V EOWS'LK (Siralok option) is available for DTMF Radio Control Systems to prevent unauthorized activation. This individual DTMF Radio Address will enable cr disable the receivers at each siren site. • Rotating high power speaker models, use highly-reliable .freeze- and rust-resistant mechanisms developed for rotating signs, designed to eliminate rotator damage, and to provide smooth, continuous stall-free rotation and automatic incremental • speaker positioning for PA announcements. They have no dangling interconnect cables. Re-entrant speakers provide maximum protection from the elements for the high-power speaker drivers. Note: Dispersion angles are important when considering rotating sirens. Too narrow a pattern with a high rotational speed may not provide a"" .. j recognizable outdoor J warning signal; listening -..i time is drastically reduced. Greater horizontal dispersion . angles give those alerted more time to hear, interpret, ■: and react to the warning • • signal. ■ •; • ^ . *1 .* I, r • t,’*• .1 f.. a. mI •. »■■{* 9 »*- • 4 i *• . .•3 ♦ - t-srU V'*, . r-.- • -r--- •. .. .r * 1.■■ • • *.•■ /- . -yt rr.- ; e t The entire SiraTone system complies with tough 10 CFR 50 quality standards. It is preassembled, prewired and pretested at the plant, shipped ready for ‘ installation. Hardware is . . v -rr • ?. provided for either universal ' pole-mounting or for flat- surface mounting. ...p-*::- --t,,''4... . A A-:,*".:. - ___ ‘. r' » • ^ i* : Two maintenance-free lead calcium deep-cycle, rechargeable batteries are enclosed within a NEMA 3R cabinet. The batteries have a reserve capacity to operate even the largest system a • ' • f. »- «• ■ - ... -:4.. vx'r;-' /iija ♦ .Ate, ^ ♦ • __ . . . * „ - ' M t f* > i■ T iii■■ ■■»rei^ritete .j-1, __Ar..1vJllj 4 4 • ' *!-J *' « i i: -• I - -‘fn *«v ‘ 1 i 't aa»yarp s;aa^as SiraTone 612 .VVs' <% rVlV •-iv* * *: . j 'rV^' - ♦ » ' . • •*^ > r. V.-I *. .->1 *tr I i‘ ?.i5;;' r. r ir?. #>'»?■'*» ■■f*.VA M •r‘-.*4 *^'A ’.-^j -,^'r ''tr»-' y;. ,-iff^y !>■ ■V •- -*•/?.%•rema ua i-yXi ■'X!iS«T?fS r<-A.I. if) JL!* c V»*/\t{1 ? 'r ,i ■jk■|i ■--V ^ f Vfc>T*r^- ■s't vV-...-.#5... E4y>,Sii> "ir •ssew. I®?;! jSSSrifWIfest V .' jrVi I* * 'Vx -' .1 a-fc •v> ig»i< »>;)^-j- ■>■* IW *w V' s » ^-—t-—♦ UT, ^ '■*' 4. ^ t.-;:ifi' • •• ilPC*?*.. <L ;:r ■J^'t r- fc :N rCv4^'*?K~iv .^’-.V ^.,J,%• -1-. ,••• ► • _• « .1? ;1‘-iOg a ■■»* *• ■. . *■ *f *.i #.•-- I ‘ 'f-* Lifting Eyes *^4jr f" Aluminum Projector Rotator Assembly (enclosed) r-- B. f.Driver Assembly (enclosed) Aluminum Enclosure iV I *^ * •* ' "Tf * T*- •’-.9f' Vr-'1,*-» t. faESagias^^ b»iaiaa9ji'ft!i1tfri - ^ ^ *S‘ 'i!>:4ari5Eia-;tta This rotating directional siren has a rating of 124 dBC at 100 feet (30.3 meters). Its aluminum enclosure supports a six-speaker array. This unit maximizes coverage by projecting its signal in a pattern a full 60® wide horizontally for increased listening time during siren rotation. Voice commands can be transmitted in any one of eight direciions 45® apart, using the EOW*^*'-HCP Home Remote or‘ vn. This option permits selection of the direction of voice transmission in 45® increments merely by activating a momentary switch at the siren site by remote or radio control. When speaker operation is completed and no other activation has occurred for a five-minute period the speaker array will return automatically to the ■'Home" position. Power requirements for the siren unit is 120 or 240 VAC single phase, with a maximum current draw of 10 amperes. SiraTone Model E0vVS*612 provides six standard v/arning signals with provisions for a seventh optional sound. Up to 13 optional signals are available, including a tone module (TM12*) which sounds the Westminster Chimes, a pleasant signal ideal for daily scheduled siren testing. . «•»» To: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Prom. Jeanne A. Mabusth, Zoning Administrator Date: November 11, 1986 Subject: #1091 Sailor’s World Inc.. 1950 Shoreline Drive - Sketch Plan Review S!sUrLi7 o«cen°d\'nt^""'°" Propert/oSneL but bL\7se o°f the asked for in^put fro:\\l“s"u7rrndi?/!;L"g\bSr^"“^^^^^^^^^ Zoning District - LR-IA Lot Area = Approximately 14,000 s.f. or .32 Acres Ust of Exhibits c'’- f Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Application List of Property Owners Notified Plat Map Enlarged Plat Map Locating Affected Properties Sketch Plan of Existing Uses Applicant’s Addendum Resolution #1855 Sketch of Potential Parking Area Letter to Residents Appllcatxon - The current LR-IA zone does not address commercial parking within th^ 10-40, Subdivision 4 (E? B or 1 zoning district, allows off street parking lots in B or 1 districts on lots adjacent to the lot containino the principal structure/use via a conditional use permit. parking® italls® k° « minimum of 20 to 25 additional Lffer?ng%\®oVreifden\"/a\ "I’ot®!!®::. screening or The merits of such a request are obvious as new re«s i <{ a i presence^”of ^Sai^l^or^^^Wor^ risky for any developer because of the certainlv he mei^e ^ across the street. The parking lot would SnSts'f ti st^r^uctures? rte^lxhi^t o, t\"l Ci“trappro®ved®rie:e ”r st"r^\®Jr°/, a*l\';^urert?y^-®uU"a ^ dent rolve d 15. lures ) not f the ^ has king I (E) s in the Zoning File #1091 November 11, 1986 Page 2 of 3 Issues for Consideration: uU “ TrirraelTtm ccmercial parking lot • • sLaVrf ’^hat this use is limited to a speciric area . , . location . . , can we legally do this? ‘’or is^"the "®<=®s?ary f indings to support the amendment. . to support fo?ma! amendS"''""" "" adequate ^’‘hibit G, finds that the 4 dwelling units on the ® non-ccnforming use and goes further to state that a conditional use permit/variance application is required for formal recognition as a legal non—conforming use. ® property in a residential zoneconsidered non—conforming? V*® intensity or level of residential use of a property apply in such consideration? Review Section 10.03, Subdivsiion 5 A-J. Conforming? findings to support that use is non- 1. Existed prior to January 1, 1975; 2. City's formal position in Resolution #1855. Subdlv^csron^q^ respond to the directive of Section 10.03, Item A - a non-conforming use cannot be changed to another non-conforming use - at 1960 Shoreline Drive the obvious remov^S^V remains but in this case the structures are ^ u® non-conforming use installed - although more acceptable what unique findings can be made to still find this conforms to the relative ordinances? ?n above, what about the directive of Section 10.03, Subdivision 5 D - if the buildings are removed, the code says a conforming use must be installed. ^ ^o^^^itional use permit that would make the use subject to reapproval every 5-10 years with an option for owners to revert to residential development if parking lot is not acceptable at some future date? will bring excessive hardcover - if a formal application is filed the following information must be addressed: g lot I to a n the lat a urinal zone ^erty I A-J. Zoning File #1091 November 11, 1986 Page 3 of 3 Staff Rec •j'MMrc. Innovative hardcover for parking lot; Drainage/effect on local drainage; Retentaion area needs; Screening - buffer for surrounding residential units, ndation: Staff would suggest against a formal amendment of the Code to allow commercial parking lots in residential zones, in order to satisfy needs of one applicant. The use of this property as an overflow parking lot would light of the location, and if there is support from most ° neighbors and if we can agree upon the necessary findings that would permit the use as a legal non-conforming use. recognized as a legal non~conf oming use can the applicant be advised to file a formal conditional use permit subject to periodic reviews - and continuously open to review if complaints are received from neighbors. Applicant should be advised that a comprehensive plan of the marina operation should be included with the formal application. manna non- 0.03, id to rious ( are more this :tion ays a i use 1 for i not rmal ll low ds of tfould most that n the ct to ( are irina n •a /'i I i t i J. CiTY OP ORONO GENERAL LAND USE APPLICATION PROPERTY LOCATION /-.| c t/ ii /v V* C''.. jj I if Site Address 1950 SHORELINE DRIVE Property Identification Number (P.i.d.) 10-117-23-420012 Please check one - is the property abstraci- (for Conditional Use Applications on^)torrens? requYr^Vurvev^®!^^ description to application if not included on applicant Park, Hennepin County Name SAILOR’S world, INC.Phone 4/3-7525 Mailing Address Box 176 Crystal Bay, MN 55323 OWNER Name E. & k. Wayne Phone 938-2554 Mailing Address 3339 Atwater, Minnetonka,MN Date Property Acquired June / 1978 (month/year) _ _ _adjacent parcels of land. FEES - CONDITIONAL USE PERMITS $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) $250.00 d) Duplex Credit/Bldg Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75* of lakeshore FRD/PID — see fee schedule OTHER APPLICATIONS __ _ _ _$150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 EasGinen±^JZauMj^juojoLj(jijbJt. • *‘**hJ s''p7^ .38 lC-117-23 42 0022 1 - - V1 - 4*^CRAIG OLSON i TOTAl lABFLS BATCH 003 00017 1960 SHORaiNE DR 1 1 N < h Pi ^ i (W(t\ U \ ■■</ '-T fcZi:" oo “•Sffi,® At> e opf 1 •t \% ^ 1/1 '^CET. i >(•|<|c>tt>I^ L 1 # r-’ C‘‘C •* *V'.i '7 j 1 «> JL October 23# 1986 From; SAILOR'S WORLD To; Orono Planning Commission and City Council Re; 1950, 1960 Shoreline Drive Dear Commission and Council Members, Attached are the applications and fees for two continuing conditional use permits covering the Craig Olson and Emil Robie Wayne properties located at 1950 and 1960 Shoreline Drive. Although the applications are separate, we would like you to consider them together in light of our proposed use of these properties in connection with the SAILOR'S WORLD MARINA located directly opposite these parcels on Shoreline Drive. Our intended use would be: 1. Terminate the present transmission business on the Olson property and re-locate the sales and boat service portion of SAILOR'S WORLD to that building with parking incidental to that part of the operation. 2. To raze the existing buildings on the Wayne property and utilize the resulting vacant lot for over-flov/ parking .Tor the SAILOR'S WORLD MARINA. We believe both uses would be less intensive than their present uses. The net result would be ti.e elimination of one business (Tonka Transmission) with its attendant traffic problems, and the alleviation of traffic and parking congestion at the remaining business, SAILOR'S WORLD MARINA. i i Thank you for your consideration of this matter. SAILOR'S WORLD \ -fk ^ ? !• r^“ • \ *. w • City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1855 A RESOLUTION DETERMINING THAT 4 SANITARY SEWER SERVICES WILL BE PROVIDED TO THE PROPERTY AT 1950 SHORELINE DRIVE use -ed at them srty rORLD ssion) d ?> - • WHEREAS, 1950 Shoreline Drive consists of a ♦ nar^ Minnetonka, and that sidl between the extensions of the siirt lAa between the front line ofsaid lots and the Northwesterly line of the right-of^wa- prope°rt"y‘^;;‘'°and"°- ’ (herein!?^ef »?h4 LakeshoreTs?den^^a^‘’1l/arrr^n^UVdrlnd^‘'‘^"' !";.r v" rproperty; and ® ^ existing dwelling uses on the square feet ?n"aL'a *0*;" a"p^?Se?y"^!L ”\c?e"/;°rnr Page 1 of 2 ■ I • t ■ • ’ '• / ^ EXHIBIT 7 7 CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka November 12, 1986 Dear Resident: On November 17, 1986, the Orono Planning Commission will consider their place. At 1960 Shoreline Drive, the applicant's propose to move their boat sales and service operation into the current facility and to terminate all service station/transmission repair The Planning Commission is not asked to formally act on these applications but to merely give conceptual direction to the by reviewing the pertinent ordinances and establishing realistic guidelines for the legal use of these properties. The Planning Commission would also appreciate your input or concerns as these proposed changes would relate to your property. contact my office if you have any questions on this Sincerely, Jeahhe A. Mabiisth Building and Zoning Administrator BillLDINO ft ZONING - 473 ?357 ASSESSING ADMINISTRATION ft FlNANCl- - 473-7358 PUBLIC WORKS - 473-7359 >NO cipal Offices § To: Fr( Date: Mary Butler, Mayor Mark E. Bernhardson, City Administrator Orono Council Members Orono Planning Commission Members Jeanne A. Mabusth, Zoning Administrator November 11, 1986 Subject: #1092 Sailor's World Inc., 1960 Shoreline Drive - Sketch Plan/Conceptual Review Zoning District - LR-IA Lot Area * 11,435 s.f. or ,26 Acres Required = 87,120 s.f. or 2 Acres Application - To seek conceptual direction from Planning Commission and Council prior to filing formal application for a conditional use permit that would change the existing non—conforming use to another non-conforming use. Terminate transmission repair/low volume gas sales use to sales and boat service operation of Sailor's World. Pertinent Ordinances: Section 10.03, Subdivision 5 A thru J Non-Conforming Uses Specifically Note A & J Section 10.09. Conditional Use Permit Specifically Note Subd. 1 & Subd. 6 A, B, C Section 10.41 B-2 Zone - Not applicable but use as a model for this review. Specifically Note the Following Sections; Subdivision 3 (A) (C) Subdivision 5 (B) (D) (F) Subdivision 9 (B) Subdivision 10 (B) List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - App j : 1 Ion Prop*r%Owners List Plat Map Applicant's Addendum Survey of 1960 Shoreline Drive Resolution #961 Resolution #1364 - Denial Resolution Approval Resolution - C. Olson 3-7359 >n and :ional 19 use ssion rvice his Zoning File #1092 November 11, 1986 Page 2 of 4 History of Property: conditional use permit for tL addition of ?ransmiLr°on ?epaTr ule“ “ Intent of Resolution #961 & Non-Conforming Use Standards: following. ® that resolution noils Ihe Ipon a^ fTndina® tw be Council upon application and above pc^mld llls.- 1®®® non-conforming than the changrtle%1r'“ed"lsl%^" a\^\h\%^'lol°erct"’l“u7e;"'’^^""""^ oper/tlJ>;. ^u^^^e^ir^r^ellr aVd^rafnIa\°n^lL°‘^ras 11 In 1983, Council granted a conditional use permit to Craia oi<!nn <-r> H, the res'cflution^ t^h^at^l transmission repair use. Review Exhibit^ ^ lists the required findings for approval of the intensification of the non-conforming use. The limited tranmission rt»nair on^ ^ deemed compatible with service station use that had always existed on the property. Note that Council also responded to th^^ economic pressures brought on by the oil crunch during that period of time for all wanterth^cr^^^ operators. Another big factor was that the neighborhood wanted the service station use to remain. ^xyuuornooa id the nued the and the t to Zoning File #1092 November 11, 1986 Page 3 of 4 Sailor's World Inc. seeks to move their boat sales and service business to the existing transmission repair shop staff «San°- Sailor's World operation consists of or whft would have in the new location. The applicant has not submitted a sketch of the proposed operation nor have they described the proposed multi use of the property. staff was just adviled by thi applicants that they proposed only boat repair - winterizina of Moposi^^ci' pedestrian vehicle use proposed on site. The current Seceslarv if a vehicular access to the site would Se ■ af.j sales operation is to exist. If not, we have not been advised of a comprehensive plan for the total proposed use of the properties. Although staff has chosen to review application #1091 & 1092 independently because of the separate ownerships and different uses onlv°fot'acquisition of additional lands clearly suggests plans not Ihll expansion of the marina, but of an overall change in operation . have been included for this conceptual review. Mavbe the contiguous parking lot proposed for 1950 Shoreline Drive will handle all for sales and service operation. The applicant mav be seeking the city's input before designing a'^comprehensive p^lanf ^ on» non-conforming use section clearly states that advised cTu^ncri’"f changed to another and yet Subdivision J St1 1 ^ 4*; """reasonably require strict compliance to with^rDroDertv®"thst^i.i t°°^ favorably on granting variances when dealing witn a property that contains a legal non-conforming use. Issues for Planning Commission to Tkddress: 1. Per directive of Item 6 Resolution #961, is the boat sales and service residint® ''°"~‘r°"^°f"'rLng'' (less Intense, more compatible with surrounding residential uses) than current approved use? ^ P^J^J^ing needs per B-2 standard - 8 stalls are required at a minimum - with boats on display can the property maintain it all - intersection.® ® ®° ® «ith special sight concerns at f*. ^"^fffic across City road - Planning Commission must be able to etermine separate needs of sales and service use from commercial dock use - discourage crossing over City road. C. How would you counter the claim that this would be effectivelv rezoning property to B-2 or granting a use variance? Use unique history of property; Use directive of Section 10.03, Directive of Resolution #961.Subdivison 5 (J); /^ice Sing Zoning File #1092 November 11, 1986 Page 4 of 4 p. Is there a use related to the marina operation that would be less parking demands’!^^^^ "crossing over activities" with minimal customer Action of Planning Commission: ia final action required - conceptual input for the applicant member is asked for his or her opinion, staff would ask that you be guided by the following; ^ 10.03, Subdivision 5 J and Council directive of Resolution f Di would permit a less non-conforming use of the property. Has the applicant convinced you that the boat sales/service use would be less follwi^s ^ marina use would be? Keeping in mind the a) Minimal customer vehicle accesses and parking needs associated with use; b) Separation or independent use from commercial dock operation on lakeside - discourage crossing over activities. supported by current building and surrounding dry buildable. Remember this use will be a legal non-conforming use and subject to standard A-1 of Section 10.03, Subdivision 5. change in use effect the surrounding neighborhood - property values - What ar« the concerns of the most affected neighbors regarding the proposed changes for 1960 Shoreline Drive? ely less tomer leant nion, ution 5 the less I the eeds sition iding rining 1 5. ding f the 1960 r: V- .7 . -r -J CITY OP ORONO /: it c.. genbral land use application PROPERTY LOCATION 17 5 0 . _ _ _ _ _ _ _ Site Address . 1960 SHORELINE drive Property Identification Number (P.I.D.) Please check one - Is the property 10-117-23-420022 abstract or ^_ _ torrens?- -J.O uiiti property (for Conditional Use Applications on1 y) description to application^if not included on -—-— - - - - - - --- -, Tourangeau Addition APPLICANT Name SAILOR'S wqrt.d. inc. Mailing Address Box 176 _ _ _ _ ____Plione 473-7525 Crystal Bay, KN '.3323 OWNER Name Craig Olson Phone Nailing Address 1960 Shoreline Drive Date Property Acquired May / 1983 \month/year) _ _ _adjacent parcels of land. FEES - CONDITIONAL USE PERMITS j # $100.00 a) $150.00 b) $150.00 c) $250.00 d) $200.00 f) Residential accessory Use Institutional (church, school, etc.) Duplex Credit/Bldg Commercial/Industrial Use Land Alteration * , Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore '' PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Conunercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation wi»h nu ? crens? led on >re OTHER APPLICATIONS - CONT. -_ _ _ _ $250.00 Rezonina $200.00 Appeals Other - see fee schedule PRESENT USE OP PROPERTY Present Zoning District Present Use of Property Residential DESCRIPTION OP REQUEST Describe request in detail: — Other (specify See Attached REQUIRED SUBMITTALS 1. Completed Application Form. 3. Certificate of survey. — ox^ uj /opjdk .O Construction plan, if applicable. Plat Map. APPLICANT'S SIGNATURE information required orrequested by the Zoning Administrator" agrees to narall 5.2, =n, Applicant * s signature ^ OWNERS SIGNATURE Date /o/-zr2l /yC ?nve"sUgat?oran“ v?rifTcat^ members f or' puTposet" of Owner's signature f^t>"»ittals into thV~c7t;'~o'f7iZ ♦ k- " >* ^ 1- ( r (. C. ( 33 10-117-23 31 cool GEOPGE F ROVFGNO 2010 SFCRELINF ORI VE WAYZAT^ MN 55391 38 10- 117-23 31 OC02 JCHN T SPENCC 2040 FO SHCRF DR KAY2ATA MN 55391 j 38 10-117-23 31 CC89 DANIEL CREAR 1980 SPATES AVE fciAYZATi MN 55391 38 10-117-23 31 0C90 RICHARD V STINSON 2040 SPATES AVE ivAYZATA MN 55391 38 10-117-23 42 C005 38 10-11 7-23 42 0007 ( , A G ASCHENBECK JR AL AN NETTL ES C ANNE NETTLES ! 1930 SHORELINE DRIVE WAYZATA MN 55391 1940 ORONO SHORELINE OR MN 55391 r 38 lC-117-23 42 0015 38 10-117-23 42 0016 ( H TOURANGEAU 2060 SPATES AVE WAYZATA MN 55391 38 lC-117-23 42 0022 CRAIG OLSON 1960 SHORELINE OR WAYZATA MN 55391 38 10-117-23 31 00C8 MARIETTA H ANDERSON 2055 SPATES AVE l»AYZATA MN 55291 38 10-117-23 31 0095 TERRY D MORSE 2C80 SPATES AVE CPONO MN 55391 28 10-117-23 42 0012 E ROeiE kAYNE 5CC9 EXCELSIOR BLVO APT 126 ST LOUIS PARK MN 55416 28 10-117-23 42 0017 LYLE VICKERPAN INTEPLACHEN LA EXCELS ICR Mlv 55331 RONALC J PPINEAS 1980 HERITAGE OR WAYZATA MN 55391 r • mm •m ■ TOTAL LABELS BATCH 003 00017 (■I ( 38 10-117-23 31 U0tt4 STATE LAND DEPT 28 10-117-23 31 009o HARRIET SPATES TORANGEAU 2060 SPATES AVE WAYZATA MN 55391 I I \i 28 10-117-23 42 0014 SAILORS WORLD BCX 176 CRYSTAL BAY MN 55323 { ! I il 38 10-117-23 4^2 0021 DANIEL CREAR 1980 SPATES AVE WAYZATA MN 55391 (U. ///, '-y '•t -- 200 400 K. li A-r" vs .c, ■ I t » lyjn HiiiHpinwrwrf t “iNO.r • \ /VJ =- .••) v;. r Z .See De/*Jon ^ht's /m^ A»tf S-b.m ... •■ • ic~? g .. ■•: iiO.5 IJo.S* Sli-T-' ' 9 ^otn\ BA^ , lWT^^rar nv Pcin^ A X \ ✓ / / _____________ ^hi's potn% - ''Z I / \-'KX K4 >wV ^ V —•‘•‘V; •. i / X • • / ♦: ••'.'■ y-> '••_.» -...^ V t. s c.6-0"'\\surv ID. 9fe ^ ‘ I4?*- 26V^ vV f>s (H)l /' 0 ».^ (i Meo.^r (0? • I ^ • * -c> i. ,M70 / v/}'S‘ Carnf. LAnO/J^^O c 447.1 Of r4, / / r p JL v>’' October 23, 1986 From; SAILOR'S WORLD To: Orono Planning Commission and City Council Re; 1950# 1960 Shoreline Drive Dear Commission and Council Members# Attached are the applications and fees for two continuing conditional use permits covering the Craig Olson and Emil Robie Wayne properties located at 1950 and 1960 Shoreline Drive. Although the applications are separate# we would like you to consider them together in light of our proposed use of these properties in connection with the SAILOR'S WORLD MARINA located directly opposite these parcels on Shoreline Drive. Our intended use would be: 1. Terminate the present transmission business on the Olson property and re-locate the sales and boat service portion of SAILOR'S WORLD to that building with parking incidental to that part of the operation. 2. To raze the existing buildings on the Wayne property and utilize the resulting vacant lot for over-flow parking for the SAILOR'S WORLD MARINA. We believe both uses would be less intensive than their present uses. The net result would be the elimination of one business (Tonka Transmission) with its attendant traffic problems# and the alleviation of traffic and parking congestion at the remaining business# SAILOR'S WORLD MARINA. Thank you for your consideration of this matter. SAILOR'S WORLD 1 rr *'(' ? ' r r* < — 1.^/v » I; i j RESOLUTION NO. j s „ri JS1S1 « Council has adop^ed^’l Comprfh^sive°Guid^ °'^°"°* hereinafter unique characteristics and constrain^Q^^ which sets forth the the City and which Plan establishes goalf^and'’"®-a?''®^°'’“®"‘^ within planning and reviewing development wfthin the Of the guiding principles of continuing use of’land o^buildin|s°fs''lawfol^ provides for the whenwer such uses were lawful usS "°"-<=°oformi„g uses but have since become non-conforming^sel «8«lation8in the coning code; and ® ® because of a lawful change non-conformin^fe of^a^^an^buildings^n^t^^nc Duildings rn the manner described above; City of Orono’h™f^^e^abii_h^ RESOLVED, that the City Council of the I. Property Description « «- 26. "or. between the extentionrof side f • ^a^e Street lying and 26, and between^; i • ^ots 24, 25. line of the Right of Way of^Comt^ uf^u Northwesterly No. 7) being a®li„rparaUel traL^f*^^^“°- (formerly''''' from the center line of existing ^ northwesterly all of which is intended to bTfepS'afTAddition. repiatted as Lot 2, Tourangeaii Lot size: wide by (ave ) 73 5S ■F^ deep = 11.435 sq.ft. ("26 Jc;e) Resolution No. Page 2 i i\ l; ■ifc' i.Sn5:“ r”" Tourangeau"®p^®of^the l^d‘^ie«®d Harriet since 1954. Reutimrow^rthe buildr interests sub-leased to Texaco t Rsutiman^s Xeasee's use ceased on^r^^^^^r II. Existing Use or more ope^ftorj^wh^have^used^th'^'’^^®®'’ station to one gasoline and motor LrlaUr 11^'”'°'’®.of parts in motor vehicles >^epair and exhange tune-ups. lubrication, tire repair^^f^r^®® systems, engine parts, etc exhaust various grades, tires batterff^ tn^lyded gasoline of when installed in the'vehicles? ’ and parts • • soft dri^s°rnd“cigarettes?^“'^^‘^ vending machine sale of reduced operation Satu rdays an^no o^^SuTd^^s^^®' t~ck";??uer?ng ’L“?:pa??s ”°J large or wl, lesale auto parts sales detail o?*’wh’^l ’ retail any other commodity except a?’nn?»H^K ''*'°lesale sales of of parts, equipment or tJ^cks ^ above, or outside storage Resolution No. Page 3 illon III. Zoning 1. Ordinance 214 adopted November 14, 1978 provided for zoning of this property to LR-IA Single Family Lakeshore Residential consistent with the adjoining properties (and a portion of this p roperty), 2* Prior to Ordinance 214, a portion of this property was zoned B-1 Limited Neighborhood Business District. 3. The B-1 zone provides for gasoline service station use by Conditional Use Permit. The LR-IA zone does not allow gasoline service station use except for continuation of the existing use by Conditional Use Permit as a lawful non- conforming use. 4. Even as B-1 zoning, the service station use was non- conforming because of substandard lot size, substandard setbacks and lack of conformance to zoning performance standards. 5. The zoning was planned to be changed from B-1 to LR-IA in 1974 concurrent with adoption of the city-wide rezoning and implementation of the Comprehensive Guide Plan. IV. Conditional Use Permit for Continued Use 1. This permit is issued as an automatic condition of the rezoning occasioned by Ordinance 214. 2. This property may continue to be used for the existing gasoline service station according to Section 31.100 of the zoning code and according to the conditions set forth below. 3. The manner and extent of the use shall be as previously used. ^ 4. The principal business shall be retail motor fuel sales of various grades of gasoline, specifically including diesel fuel and/or gasahol or similar fuels used for motor vehicle propulsion. 5. Accessory business may include other existing uses listed in Section II above. Resolution No. Page 4 he IV. Conditional Use Permit for Continued Use (Cont.) 6. Other uses may be considered by the Council uoon ^ finding that the proposed use is n-conforming than the above permitted uses. the IS^^ow^n8^'' "" authority for a) Operation between the hours of 6 A.M. and 10 p m dailv including Sundays and Holidays. ’ * aaily b) Installation of one new 6,000 gallon underground storaeetanks, subject to building permit? grouna storage "devised pump islands and fuel pumps, subject to building permit. exterior renovation and remodeling of building permit (and Council review of work where required by Ordinance). Installation of traffic separation curbing and landscanino sSv?slon^f """ - " c^ndiaof to"'“" tlJ^f Julj ?,°W7^? to be completed no later fencing required by Section 38.501 of July ^ completed no later than ’ Bulld?n^"f^H^Station window with masonry (per State occ“?an?y t^ bSlldinr d) Issuance of Certificate of Occupancy by the zonine department prior to opening for busineL? ? ® 3?s Resolution No. Page 5 9. This permit is subject to review by the City Council provided^brSectLn^32?49^ ™ lii “'A»' William B. Van Nest, Mayor ATTEST: Walter R. Benson, Clerk/Administrator •r, ' - ♦ r- .. .. . A. , •, ^ y ‘r r • m ■■ ' mmm iii'mr City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1364_ _ _ _ A RESOLUTION DENYING A, CONDITIONAL USE PERMIT APPLICATION FOR PAUL FAHLIN TO PERMIT THE INSTALLATION OF A BAIT SHOP AT THE SERVICE STATION LOCATED AT 1960 SHORELINE DRIVE i^HEREASf th© City of Oirono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, on November 14, 1978, the Orono City Council adopted Ordinance 214 rezoning portions of the property located at 1960 Shoreline Drive from B-1 to LR-lA; a property legally described as Lot 2, Block 1, TourSitgeau Addition, hereinafter referred to as the property; and WHEREAS, as an automatic condition of that rezoning Council adopted Resolution 961 on December 18, 1978, formally recognizing the existing service station use on the property as a legal non conforming use and identified the only permitted commercial uses on the property; and WHEREAS, pursuant to Resolution 961, Section IV (6), "6. Other uses may be considered by the Council upon application and upon a finding that the proposed use is less non-conforming than the above permitted uses.” Paul Fahlin has applied for a conditional use permit to allow the installation of a bait shop in p]ace of the approved car repair use at ^^d station in the hope that this use would be less non conforming; WHEREAS, the existing LR-lA zoning district does not permit a bait shop use; and WHEREAS, the non conforming use sections of the Orono Zoning Code, specifically Ordinance 31.101 and Ordinance 31.108 do not permit the change from one non conforming use to another non conforming use nor the expansion of a non conforming use; and WHEREAS, the City Council has reviewed the application, the recommendations of staff and the Planning Commission and letters from the applicant. I »/-' •' ». ■ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1364 zed and ling? Code, he NOW, THEREFORE BE IT RESOLiVFn ■i*hpi+- /^ • 4. . of Orono hereby denies the condit-irm^ti ,ie ^ City Council of the City Pahlin to allow a Sail shoo oofraSon application oi‘ Paul of motor fuels at 1960 Shoreline Drive baserf^^^'°" contxnuei sale following findings of fact^ the 1) 7) The property is located in the LR-lA zoning district co^sis^s^o? n?4^sf or ?iracre the°fonowing"minimu^ a?^^reguirfmln?s?'' B-i;'‘’B-nnd reaulres^a^ ^ minimum of 20,000 sf in area B-2 and B-3 requires a minimum of 2 acres in area. w d i ^ structure has the following substandard setbacks for the LR-IA zoning district:^ • Front: required 50' existing 43' variance 7' Rear; required 50' existing 5.1' variance 44.9' Fahlin proposes the installation of bait tanks in the former car repair or service bay area of the station? structure will be dedicated to the sales of -ishing gear, foods from vending machines and cigarettes. proposal does not include the repair of cars but has proposed in Its place the bait and fishing gear sales shop. The property is a corner lot and the allowed park-no parki^rstalls“.°“'^‘^ 5, 9- x 20' Ordinance 38.314 and Ordinance 38.J15 would require 12 demands of the multi useproposed as follows; a) service station (without car repair) « 3 i'+? ir • v b) total commercial use of 50- x 27 5- " repair)building or 1375 sf x /.o ^ Total V . .*/ : • r ■ :ity 10) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1364 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) traffic congested parking and An inspection by Mike Gaffron on August 11, 1978 ound the existing septic system to be substandard. The maintenance and operation of a bait shop will septic system^^^ demands on the existing substandard The property can noc satisfy the area requirements of the Orono Septic Code for both principal and alternate septic sites. The proposed use would not be a less non conforminy use in the surrounding lakeshore residential zoning. zoning district but in fact is considered an eypansion conforming use and in compi#=^te violation of Ordinance 31.108. The multiple uses proposed for the property are considered a change to a more non conforming use and in complete violation of Ordinance 31,101 and Resolution 961. The City has consistently denied variances for an expansion of a non conforming use or a chance from one non conforming use to another. Ordinance 34.320 - permitted uses in the LR-lA zoning district - does not permit a commercial bait Shop. Use variances to allow uses not permitted by the zoning code are forbidden by Minnesota law (462.357 Subd. 6(1)). The multiple uses proposed would create additional parking and septic demands on a severely limited property thereby creating a potential threat to the public health, safety and welfare. The proposed expansion of the commercial uses will have detrimental effects on the property values of the surrounding residential neighborhood. The proposal would be against the intent and objectives or the Orono Zoning Code and the Comprehensive Community Management Plan. V 6 •v ;. . i2Mi City of ORONO I RESOLUTION OF THE CITY COUNCIL NO.1364 ,vt * ,n‘j'j Paul Fahlin, the legal owner of 1960 Shoreline Drive, mav operate the service station as a legal non conforming use; within the framework of approved uses specified in Resolution 961 and sections of the Orono Zoning Code that govern all non conforming uses. Adopted by the City Council of the City of Orono, Minnesota at a regularly scheduled meeting held February 22 , 1982. William B. Van Nest, Ma/or ' t ATTEST:V\• ✓ 'i'. •. o \ , ’ \ 'a , •*«...... ^ . V * .. • r. . — "'•X- — - -f.T. • * V t,crue ■■; . . ’ll • 7lM''. -.i;r *t • r. • - • tt . •^ •. *. .. . W »~ «*•<■ «. -V. ir; "Si i Mk .' r. ti- GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 31.100 File //742 vmEREASy Craig Olson^ hereafter "applicant", has made application to the City of Orono, hereafter City", to permit the repair of transmissions of cars and light trucks at the service station located at 1960 Shoreline Drive and legally de­ scribed as Lot 2, Block 1, Tourangeau Addition, hereafter "the property'*j and Whereas, per Resolution 961, a resolution that approved the service station as a legal non conforming use, under Section 31.100 of the Orono Zoning Code, the applicant, or the future owner of the service station, seeks to amend Resolution 961, Section 11, item (1) "Light repair and exchange of parts in motor vehicles " to Include the repair of transmissions and replacement of parts of transmissions and engines. NOW, THEREFORE BE IT RESOLVED by the City Coulcil of Orono, Minnesota: Findings 1. The application was reviewed as Zoning file No. 742. 2. The property is located in the LR-IA Lakeshore residential Zoning District. 3.On December 18, 1978, Council approved Resolution ^961. a resolution that approved a Conditional Use Permit establishing a lawful - non conrormxng use on the property. 4. The lawful 1978. — non conformin;' use has continued on the property since April, 5. For the past two years the station has had three different operators. The periods of operation ran from 6 months to 9 months. 6. The station has been vacant for long periods of time but never for 12 contiguous months. 7. The applicant claims that at the current level of approved uses, setforth in Resolution 961, the station cannot compete with other service stations. 8. The neighboring residential property owners support the service station use and claim the following: a) The property has been in use as a service station for over 35 years. '54 A r iiHliittii millll • - • ••v;. ■ta.* Lr ^ They support the return of a well run, full service station at a level of operation that takes into consideration the limitations of the physical site. 9. The applicant proposes to operate under the approved level of use set forth in Resolution //961 except to ask that transmission work be included under whatever controls or conditions of operation the City deems necessary, 10. The applicant will operate between the hours of 7.00 AM to 9:00 PM daily - all repair work to cease on Sundays. The applicant will hire 1 full time employee. 12. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports of the City Staff, comments of the applicant and other Interested persons and the effect of the proposed use of the property on the health, safety and welfare of the community. • 13. The City Council finds that granting a Conditional Use Permit to the new owner of the property and operator of the service station and to amend Resolution 961 to permit the repair of the transmissions of cars and light trucks at the service station will not be detrimental to the health, safety or general welfare of the public, would not adversely affect traffic conditions, light, air nor pose a -- fire hazard or other changes to neighboring property, nor will it depreciate surrounding property values and the proposed level of use of the property will be in keeping with the intent and objections of the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based upon the above findings the Orono City Council hereby grants a Conditional Use Permit to amend Resolution 961 to include the repair of transmissions of cars and light trucks on the property subject to the following conditions: 1. Repairs on trucks limited to vehicles of 1 ton capacity or less (light trucks) 2. All repairs are to be conducted within the existing building. 3. The parking of motor vehicles limited as follows: a) 3 stalls provided for gas, and general sales portion of operation. b) 7 stalls provided and limited to repair use of operation. 4. Building inspector must be notified when gas storage tanks are inspected prior to filling. 5. City Council hereby reserves the right to review and/or modify this Conditional Use Permit, if at any time in the future the Council finds the conditions of the • ■- H H subject permit to be violated or if the proposed additional use is found to be detrimental to the health, safety and public welfare of Orono Citizens. Violation of or non-compliance with any of the terms and conditons of this permit shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned has read, understood and hereby agrees to the terms of this resolution and hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of May, 1983. ATTEST:CITY OF ORONO le h City Clerk Mayor ?-Applicant Notary ’-r.-A i- ^ -•-ir . IKLI /* i.*-- i.i a r militetoaJMi-