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HomeMy WebLinkAbout10-11-1993 Council PacketMITVIITES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan. Councilmembers J. Diann Goetten, Charles Kelley. loEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse. BuMding & Zoning Administrator Jeanne Mabusth. City Attorney Kevin Staunton and Recorder Marva Hurst. Mayor Callahan called the meeting to order at 7:30 p.m. (#1) CONSENT Kelley added items U6,U\\. Mayor Callahan added items #15. #22. It was moved by Goetten. seco nded by Hurr. to approve the Consent Agenda as amended. Ayes 5. Nays 0. Motions for all items adopted by Consent Agenda will be included in the minutes in their respective numerical order. (*2) APPROVAL OF MINUTES It was moved by Goetten. seconded by Hutr, to approve the minutes of the September 27. 1993 Council meeting. Ayes 5. Nays 0. PARK COMMISSION COMMENTS Item #18. Park Commission Recommendation regarding the Provision of Ball Fields on School District Property was included for discussion at this time. Randy Bosma and Steve Carlson from OBA were present. Bosma handed out some information and gave a brief description of what was included. Kelley asked about OBA’s proposal for Bedenvood if the work won ’t be completed until July. Bosma stated that OBA would need Bedenvood through the end of 1994. at which time they hope to have the new fields up and running for use througjt 1995. OBA would then revert to using Bederwood 2 nights per week. Kelley asked about the total cost of Bederwood Park to OBA. Bosma suted that it was $29,000. Approximately $8,200 was spent repairing a drainage problem. Hurr ^Aced about the ownership of the improvements. Bi wtiu •tivivu that (^Bi'v was to install the improvements at their cost and at the time of moving the prograjvi. CBA could move the improvements or leave them intact. The Park Commission recommended that the improvements be left intact. OBA prefers to leave the improvements i:itact Hurt asked how much children from non-participating cities would pay. Bosma stated that these children would pay a sur-charge. MLNXTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER II, 1993 PARK CO>DHSSION COMMENTS CONT. Park Commission Chair Flint was present and commented on the OBA proposal stating that the three objectives are as follows: 1. j. Operation of an excellent program. Fulfillment of promises to residents that it would be a non-permanent program. That the project is compatible to the overall Park Plan. It was moved by Jabbour. seconded by Kelley, to recommend approval of Park Commission recommendation regarding the provision of ball fields on school district property to be used by OBA nvo nights per week and approves the expendimre of $20,000 to acquire the equipment. Ayes 4. Nays I. Mayor Callahat: voted nay stating he feels it is undesirable to spend public money for a private organization and that if the School Board declined to be involved there may be reason to look at the proposal more careftilly and that there is a concern that the Hockey Association may make a similar proposal in the future. (f#3) CABLE COMMISSION COMMENTS Jim Daniels was present. Mr Daniels gave a brief presentation of the budget for the Cable Commission stating that it is similar to the previous year ’s budget with the exception of two additional council meetings scheduled. It was moved bv' Hurr, seconded by Callahan, to approve the 1994 Budget for the Cable Commission. Ayes 5. Nays 0. PLANNING COMMISSION COMMENTS Dale Lindquist was present. There were no comments from the Planning Commission. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTIUVTORS REPORT (W) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES It was moved by Kelley, seconded by Goetten to table the application for Variance until Mr. Spinner cculd be present. Ayes 5, Nays 0. (#5) #1854 TROY ANDERSON, 1490 LONG LAKE BOULEVARD - VARIANCES - RESOLUTION #3337 Mr. Anderson was present. Mabusth explained that applicant is seeking side and rear setback variances for a garage addition to be installed on the north side of the residence. Applicant will be installing additional plantings to minimize visual impact. The septic system will need to be relocated and installed. Hurr asked if primary and alternate septic sites are required. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER II, 1993 ZONING FILE #1854 CONT. Mabusth explained that the code does not require alternate testing for developed properties seeking improvements. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3337 for applicant Troy Anderson, 1490 Long Lake Boulevard, granting setback variances for construction of an attached garage. Ayes 5, Nays 0. (*#6) #1855 PAUL E. BOWMAN, 3458 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3336 Mr. Bowman was present. It was moved by Goetten. seconded by Hurr to adopt Resolution #3336 for applicant Paul E. Bowman. 3458 North Shore Drive, granting setback variances for construction of a second story above the existing residence. Ayes 5, Nays 0. (#7) # 1857 JAMES L. STINSON, 2623 CASCO POINT ROAD - VARIANCES Mr. and Mrs. Stinson were present. Mabusth explained that applicant is proposing a principle structure addition to the lakeside of the residence along with a deck reconstruction adjacent to that addition. She explained further that the greatest concern is that this addition of the principle structure extending into the average lakeshore setback could allow neighboring structures to e.xpand lakeward without need of variances. Structure does meet the 75 ’ setback however. Hurr asked why there is no date or signature on the survey provided and questions whether Council should use and depend on this survey. Mr. Stinson stated that this was the survey the building inspector provided to him. Kelley stated he would like to know from the applicant in writing what the hardship is. Hurr stated she would like to know if there were any stipulations added at the time the deck was installed. It was moved by Kelley, seconded by Callahan, to ‘ end application back to the Planning Commission and have the applicants present the revised proposal and updated survey and state their hardships. Aves 5. Navs 0. m 9 (#8) #1859 JEFFREY D. MUELLER, 222 BEDERWOOD DRIVE - VARIANCES - RESOLUTION #3338 Mr. Mueller was present. Mabusth explained that applicant seeks a variance to side setback for a detached oarage addition, and a variance allowing the accessory* structure to be placed in front of the front line of the existing rcsiner.ee. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELDOCIOBERIL 1993 ZONING FILE #1859 CONT. It was moved bv Hurr, seconded by Kelley, to adopt Resolution #3338 for applicant Jeffrey D. Mueller, 222 Bederwood Drive, granting side and front line setback variances to permit reconstruction of a detached garage subject to applicant applying for the legal combination of all three separate parcels. Ayes 5, Nays 0. (#9) #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE - CONDITIONAL USE PERMIT Mrs. McKinney and her daughter, Gayle Siegler were present. Mabusth explained that applicant is applying for a conditional use permit to allow the continuation of a nonconforming duplex use. She went on to explain that Planning Commission members viewed the property and felt it appeared to fit in with neighboring residences. The Planning Commission also questioned whether the City could legally not approve the Conditional Use Permit. There no aeadline for applying for a conditional use permit to allow the continuation of a nonconforming use in the code. Hurr asked when the property was sewered. Mabusth stated it was sewered sometime in the early 1960’s. Mayor Callahan asked if the City can enforce the owner-occupancy status of the property. Citv Attorney Staunton stated that he would have to review the information. There was discussion reprding the various possible off-street parking spaces in addition to the two- stall garage and where they could be placed. It was moved by Kelley, seconded by Jabbour to table action until the City Attorney can review the case and determine whether the City can enforce the owner-occupied status. Ayes 4, Nays I. voted nay, stating that she feels the use should be allowed because there was no deadline required in which residents had to apply. (#10) #1861 JEFFREY S, LEECH, 720 NORTH ARM DRIVE - VARIANCES RESOLUTION #3339 Mrs. Leech was present. Mabusth explained that applicant seeks approval to permit installation of a new fo^dation under m e.xisting detached garage require side and street setbacks and hardcover variance. The proposal will reduce the already e.xcessive structural lot coverage on the property. Planning commission recommended approval. Hurr expressed concern about inadequate documentation in that the survey does not show all improvements. It was moved bv Hurr, seconded by Kelley, to adopt Resolution #3339 for applicant Jeffrey S. Le^h. 720 North Arm Drive for setback, hardcover and lot coverage variances to permit the installation of a new foundation beneath the existing detached garage. A\es 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER II. 1993 (*#II) #1865 DAVID OWEN, 2248 SHADYWOOD ROAD - VARIANCES RESOLUTION #3340 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3340 for applicant David Owen, 2248 Shadywood Road for hardcover and setback vari^ces to permit the installation of a new concrete garage floor and concrete parking pad to the immediate west. Ayes 5, Nays 0. m2) #1866, #1867, #1868 JAMES AND JOANN JUNDT, 1400 BRACKETT’S POINT ROAD VARIANCES - RESOLUTIONS #3341, #3342, #3343 Marcus Jundt, representing Mr. and Mrs. Jundt. was present, #1866Mabusth explained that application #1866 involves a conditional use permit to allow a second floor caretaker apartment within principle structure. The issue of internal access was reviewed noting principle access is via interior of residence and a secondary staircase fiom the garage. There is no intention of the applicant to rent this unit. It was moved by Kelley, seconded bv Hurr to adopt Resolution #3341 for applicimts J^es and Joanne Jundt, 1400 Brackett’s Point Road granting a Conditional Use Permit to aljow the continued use of a caretaker apartment located in the second floor level of the existing principal residence. Ayes 5, Nays 0. U19^7 Mabusth explained that applicant is requesting variances for a lakeside deck which will be used to store dock sections and irrigation structure/equipment. Jabbour asked about the elevations from the water landward and whether or not they would be cutting into the hill to install the deck. Mr. Jundt explained that the deck would not require cutting into the hill. Goetten inquired about the need to house the irrigation equipment on tlie deck Kellev asked where the current irrigation system exists. 0 Applicants representatives explained ihere is a large bunker-type structure underground that houses the irrigation equipment now. Tlie problem with using the existing structure is that the ^’“^^'"jequipme does not work and there are no plans indicating where the piping/electrical service are located and thus would be very difficult to install new equipment. It was clarified that the proposed structure that will house the irrigation system is only 4 feet high, and is not a substantial structure. It is a lock-box type structure. Hurr stated that she felt the proposed deck in front of the lock-box is not necessary, and that she would not approve it. Mavor Callahan commented that the Planning Commission approved the deck with conditions that it be used only for dock storage and not for entertaining. It was moNcd by Hurr. seconded by Kelley, to adopt Resolution #3342 for applicants James and MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 ZONING FILE ^1866, #1867, #1968 Joann Jundt. 1400 Brackett’s Point Road granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and 2 to pennit construction of an access stair with landing and lock box structure for irrigation equipment, but without the deck in front of the irrigation structure with 4x4 landing deck located 2' from the shoreline where a 75 ’ setback would be required and resulting in a .60% hardcover where no hardcover is allowed. Ayes 3, Nays 2. Mayor Callahan and Councilmember Jabbour voted nay. #1868 Mabusth explained that applicant is requesting a conditional use permit tc allow the continued use of the detached guest house structure. There are no proposed improvements to the structure. She explained further that applicant requests a change in the Resolution, page 2, Section 3b, where it says "this structure would never remain as a principal structure" to be rewritten "it is unlikely that this structure would remain as a principle structure". It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3343 as drafted for applicants granting a Conditional Use Permit and accessory structure floor area variance to allow continued use of the detached guest house structure with caretaker apartment. Ayes 5, Nays 0. (#13) #1873 JACK EDWARDS, 1340 REST POINT CIRCLE - VARIANCES RESOLUTION #3344 Mr. Edwards was present. Mabusth explained that applicant proposes a multi-purpose two-level detached structure, and storage addition, requiring street setback and hardcover variances. Applicant proposes to exchange new structural hardcover for removal of non-structural hardcover. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3344 for applicant Jack Edwards, 1340 Rest Point Circle granting setback and hardcover variances to permit the construction of an upper level garage addition and lower level storage addition to the existing accessory structure. Ayes 5, Nays 0. (#14) #1663 MARK JOHNSON, 4465 BAYSIDE ROAD A) REQUEST TO EXTEND EFFECTIVE PERIOD OF PRELI^UNARY SUBDIVISION APPROVAL - RESOLUTION #3345 B) FINAL PLAT APPROVAL - RESOLUTION #3346 Mabusth e.xplained that the effective period of Preliminary' Subdivision Approval e.\pired in September, 1992 and applicant could not tile final plat approval as a result of circumstances beyond applicant's control. It was moved bv Goetten, seconded bv Jabbour, to adopt resolution #3345 for application Mark Johnson. 4465 Bay side Road, granting' an e.xtension of the Effective Period of Preliminary Approval for a Plat at 4465 Bavside Street. It was mo’.cd by Jabbour, seconded by Callahan, to adopt Resolution #3346 approving the Pot of John'v/ii Wlieeler 1st Addition. Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 (*^15) #1869 BARBARA AND SIDNEY REBERS, 2080 WAYZATA BOULEVARD - VACATION OF EASEMENTS AND SUBDIVISION CREATING NEW EASEMENTS - RESOLUTION #3347 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3347 for applicants Barbara and Sidney Rebers. 2080 Wayzata Boulevard to vacate a Drainage and Utility Easement within the plat of Sugar Woods. Ayes 5, Nays 0. (#16) REQUEST FOR PAYMENT NO. 6 AND FINAL - 400,000 GALLON ELE ^ VTEDTANK It was moved by Callahan, seconded by Goetten to approve water tower payment No. 6 and Final, including change order No. 2, to Pitt-Des Moines, Inc. in the amount of $62,596.50. Ayes 5. Nay" 0. (*#I7) RESOLUTION - COMPLIANCE WITH METROPOLITAN COUNCIL "INTERIM STRATEGY" #3336 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3336 indicating the City of Orono ’s Intent to Comply with Metropolitan Council ’s "Interim Strategy to Reduce Nonpoint Source Pollution to all Metropolitan Water Bodies". Ayes 5, Nays 0. (18) PARK COMMISSION RECOMMENDATION RFGARDING THE PROVISION OF BALL FIELDS ON SCHOOL DISTRICT PROPERTY This item was discussed under Park Commission Comments. #19 ALAN NETTLES SEWER CONNECTION CHARGE Hurr asked if this would be setting precedent. City Attorney stated that this would cause a precedent so that in the future, an identical situation would have to be handled similarly. Jabbour felt it would be wise to collect the assessment at the proposed interest rate. It was moved by Jabbour, seconded by Goetten. to approve Mr. Nettles proposal with the understanding that it is because this is' an e.xisting structure with a failing septic system. Ayes 3. Nays 2. Kelley and Mayor Callahan voted nay. MAYOR/COUNCIL REPORT I. 3. It was moved by Goetten. seconded by Hurr, that the Council will give more direction to the Park Commission regarding planning and the City’s vision for the future regarding City parks. Aves 5, Navs 0, Goetten noted that a letter is forthcoming from Bob Vasek of MNDOT answering questions posed by the Willow Task Force. Kellc) wondered when Council would set aside some time to assist City staff with direction on various issues, i.c.: how to bring issues to council; adequacy and completeness of material in planning applications. Mayor Callahan added that Council needs to complete a review of the City Administrator in October. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER II, 1993 MAYOR/COUNCIL REPORT CONT. 4.Huit requested that Council set meeting date to evaluate the City Administrator for October 18, 1993 at 7:30 a.m. It was set 5.Mayor Callahan stated that he will be recommending a resolution at the next council meeting suggesting that the LMCD be abolished and that a joint task force should be substituted. 6.Jabbour reouested that meetings regarding County Road 15 be published 2 or 3 times so that residents have an opportunity to become aware and attend these meetings. Hurr commented that the next meeting is scheduled for October 25. 1993 at 7:00 p.m. ENGINEERS REPORT There was no one present from the City Engineers OtTice. (#20) DRAFT WORK PLAN - SEPTIC MORATORIUM Moorse explained that this is an information item. (*#2I) TRANSFER. TO FIRE EQUIPMENT FUND It was moved by Goetten. seconded by Hurr. to authorize payment of $30,000 from the 1993 General Fund Fire Protection Budget to the Improvement and Equipment Outlay Fund, to establish the Reserve for Fire Truck account and to increase the Revenue Budget $30,000 in the Improvement and Equipment Outlay Fund. Ayes 5, Nays 0. (*#22) SCHEDULING OF ADDITIONAL HEARING DATE FOR THE TRUTH IN TAXATION HEARING PROCESS It was moved by Goetten, seconded by Hurr, to approve scheduling of additional hearing date of December 8, 1993 at 7:00 p.m. Ayes 5, Nays 0. (#23) LOGIS WIDE AREA NETWORK Ron Moorse explained the situation as it exists and potential problems with the systems. Goetten and Hurr both felt this topic should be discussed at a budget meeting. Kelley felt that any under-budget monies from the 1993 Budget should be earmarked for this need. It was moved by Callahan, seconded by Jabbour to accept the information and table action. Ayes 5, Navs 0. (•#24) LICENSES It was moved by Grretten. seconded by Hurr to approve the following licenses. Site Evaluator License - Larry's On-Site Septic Septic System In.stallers License - Ingleside MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER II, 1993 (*#25) BILLS It was moved by Goetten, seconded by Hurr, to approve payment of the All Funds Account. Ayes 5, Nays 0. adjournment It was moved by Goetten, seconded by Hurr, to adjourn at 10:26 p.m. ^ 5.AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 11, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA(*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item.* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder.ROLL CALL * 1. CONSENT AGENDA APPROVAL OF MINUTES * 2. Regular Meeting of September 27, 1993 CABLE COMMISSION COMMENTS 3. Budget Presentation COUNCIL MEERNG OCT X 1 1993 CITY OF ORONO PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Dale Lindquist Representative PUBLIC C NTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT ** APPLICANTS **Immediately after the Council has reviewed your app.-l_ac.ion please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials 4. #1850 James Spinner, 940 North Arm Drive - Variances 5. #1854 Troy Anderson, 1490 Long Lake Boulevard - Variances - Resolution 6. #1855 Paul E. Bowman, 3458 North Shore Drive - Variances - Resolution 7. #1857 James L. Stinson, 2623 Casco Point Road - Variances 8. #1859 Jeffrey D. Mueller, 222 Bederwood Drive - Variances - Resolution 9. #1860 Zelma H. McKinney, 3599 Livingston Avenue - Conditional Use Permit - Resolution 10. #18'1 Jeffrey S. Leech, 720 North Arm Drive - Variances - Re iution 11. #1 j5 David Owen, 2248 Shadywood Road - Variances - Resolution 12. J.. les 6c Joann Jundt, 1400 Bracketts Point Road a. ) #1866 Conditional Use Permit - Resolution b. ) #1867 Variances - Resolution c. ) #1868 Conditional Use Permit - Resolution 13. #1873 Jack Edwards, 1340 Rest Point Circle - Variances - Resolution 14. #1663 Mark Johnson, 4465 Bayside Road a. ) Request to Extend Effective Period of Preliminary Subdivision Approval - Resolution b. ) Final Plat Approval - Resolution 15. 41869 Barbara and Sidney Rebers, 2080 Wayzata Boulevard - Vacation of Easements and Subdivision Creating New Easements - Resolution MAYOR/COUNCIL REPORT ENGINEER REPORT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 11, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, OFONO, MINNESOTA CITY 16. *17. 18. 19. 20. *21. 22. 23. ADMINISTRATOR'S REPORT Request for Payment Nc. 6 and Final - 400,000 Gallon Elevated Tank Resolution - Compliance with Metropolitan Council "Interim Strategy" Park Commission Recommendation Regarding the Provision of Ball Fields on School District Property AIad Nettles Sewer Connection Charge Draft Work Plan - Septic Moratorium Transfer to Fire Equipment Fund Scheduling of Additional Hearing Date for the Truth in Taxation Hearing Process Logis Wide Area Network *LICENSES (24) *BILLS (25) ADJOURN] UPCOMING ISSUES AND EVENTS 10/04 10/05 10/11 10/16 10/18 10/25 Council Work Session 7:00 p.n. Park Commission meeting 7:00 o.m. Council meeting 7:30 p.m. Saturday Orono Fall Clean Up Day 8:00 a.m.-4:15 p.m. Planning Commission 7:00 p.m. Council meeting 7:00 p.m. » 1 < 1 ?l3rrrrrn» PUBLIC ATTBMDAMCZ CITY OF ORONO MEETING DATE jO ' / ^ ~ PLEASE FILL OUT THE INFOP'iATION REQUESVlD BELOW FOR OUR CITY RECORDS. NA^IE OR NUMBER r MINUTES OF THE REGULAR ORONO COUNCIL MEEtSK^^®^ HELD SEPTEMBER 27, 1993 OCT 1 1 1993 ROLL CITY OF ORONO 1 he Council met on the above date with the following members present: Mayor Edward Callahan, CounciImembers J. Diann Goetten, Charles Kelley and JoEllen Hurr. Councilmember Jabbour absent. The following represented staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, City Attorney Kevin Staunton. City Engineer Glenn Cook and Recorder Marva Hurst. Mayor Callahan called the meeting to order at 7:27 p.m. («1) CONSENT Kelley added Items ^5, #10. #11. Goetten added Item #8. Mayor Callahan added Items #6, #7, #9, #19. It was moved by Goetten, seconded by Hurr, to approve the Consent Agenda as amended. Aves 4, Nays O. Motions for all items adopted by Consent Agenda will be included in the minutes in their respective numerical order. {*m) APPROVAL OF MINUTES It was moved by Goetten, seconded by Hurr, to approve the minutes of the September 13. 1993 Council meeting. Ayes 4, Nays 0. PARK COMMISSION COMMENTS There was no one present from the Park Commission. PLANNING COMMISSION COMMENTS There was no one present f»om the Planning Commission. PUBLIC COMMENTS Tliere were no comments from the public. ZONINC; ADMINIS I RA I OR’S REPORT (*#4) #1829 DIANE SIEFF, 1080 WILDHURS I I RAIL - VARIANC ES - RESOLUT ION #3325 It was moved bv Goetten, seconded by Hurr to adopt Resolution #3325 tor applic^t Sieff, 1080 Wildhurst Trail, granting an after-the-fact variance per Municipal Zoning Code in o') ^iiiKwtivkinn ? t<» niTinit the reconstructed decks and 8’ x 20 deck addition iSection 10.22, SubtUvision 2 to permit the reconstructed decks and 8’ x 20' deck addition to remain as constructed. .Aves 4. Nays 0. (QUHOLMBIMB)rono council meetW^BER 27, IW OCT 1 1 1993CnYOFORONO rder at 7:27 p.m. nd:. will be included in the minutes in their to approve Ute minutes of the September 13 Commission. (#5) #1847 MICHAEL & DANA BARRETT, JAMES & MOLLY WHEELER,2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3326It was moved by Goettcn, seconded by Hurr, to approve Resolution #3326 for applicants Michael and Dana Barrett and James and Molly Wheeler, 2912 and 2918 Casco Point Road, approving the metes and bounds subdivision of a lot line rearrangement for Michael and Dana Barrett and James and Molly Wheeler as shown on the Certificate of Survey by Advance Surveying & Engineering Co. dated July 14, 1993. Ayes 4, Nays 0. (#6) #1856 MARK & JENNY PRUETER, 3215 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION #3327 It was moved by Goetten, seconded by Hurr, to approve Resolution #3327 for applicants Mark & Jenny Procter, 3215 Cr>'stal Bay Road, granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, Section 10.25, Subdivision 6 (A) and (B) to permit the construction of a 1 5’ x 26’ rear addition and 34’ x 26’ second level, and construction of a replacement deck/stairs at lakeside of residence measuring 17’ x 12 ’ that will require a 40% west side setbQck vorionce, 3 30% ccist side setbsek Vciricince, q 10/o west side setback variance for lakeside replacement deck/stair structure, and 8 setback encroachment of the average lakeshore setback line, a hardcover variance resulting in a net decrease of 3 s.f. or .01%, and a height variance that would allow a three-story structure rather than 2-1/2 story structure. Ayes 4, Nays 0. (#7) #1858 JOHN & MARLA MEREDITH, 3685 WATERTOWN ROAD - VARIANCE - RESOLUTION #3328 It was moved by Goetten, seconded by Hurr to approve Resolf.tion #3328 for applicate John & Marla Meredith, 3685 Watertown Road, granting variances to Municipal Zoning Code Section 10 03, Subdivision 9 (C-2) to permit the construction of a 60’ x 80’ indoor nding arena that will exceed the allowed foot print area for a single oversized accessory structure and will result in an excess of total area for accessory structures. Ayes 4, Nays 0. (#8) #1859 ROBERT LUESSE, 3249 CASCO CIRCLE - VARIANCES - RESOLUTION #3329 It was moved by Goetten, seconded by Hurr to approve Resolution #3329 for appli^t Robert Luesse, 3249 Casco Circle, granting variances to Municipal Zoning C(^e Sections 10.03, Subdivision 9 (C) (2) and Subdivision 14 (D) to permit construction of a 22 x 28 garage addition to an existing detached accessory structure. Ayes 4, Nays 0. r HI RSI TRAIL - VARIANCES - „ to »lopt ShWeeh a^dUion .o t (#5) #1847 MICHAEL & DANA BARRETT, JAMES & MOLLY WHEELER, 2912/2918 CASCO POINT ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3326 It was moved by Gocttcn, seconded by Hurr, to approve Resolution #3326 for applicants Michael and Dana Barrett and James and Molly Wheeler, 2912 and 2918 Casco Point Road, approving the metes and bounds subdivision of a lot line rearrangement for Michael and Dana Barrett and James and Molly Wheeler as shown on the Certificate of Survey by Advance Surv ’eying & Engineering Co. dated July 14, 1993. Ayes 4, Nays 0. (#6) #1856 MARK & JENNY PRUETER, 3215 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION #3327 It was moved by Goetten, seconded by Hun, to approve Resolution #3327 for applicants Mark & Jenny Prueter, 3215 Crystal Bay Road, granting variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, Section 10.25, Subdivision 6 (A) and (B) to permit the construction of a 15’ x 26 ’ rear addition and 34’ x 26 ’ second level, and constniction of a replacement deck/stairs at lakeside of residence measuring 17’ x 12 ’ that will require a 40% west side setback variance, a 30% east side setback variance, a 70% west side setback variance for lakeside replacement deck/stair structure, and 8 ’ setback encroachment of the average lakeshore setback line, a hardcover variance resulting in a net decrease of 3 s.f. or .01%, and a height variance that would allow a three-storj' structure rather than 2-1/2 story structure. Ayes 4, Nays 0. (#7) #1858 JOHN & MARLA MEREDITH, 3685 WATERTOWN ROAD - VARIANCE - RESOLUTION #3328 It was moved by Goetten, seconded by Hurr to approve Resolr.tion #3328 for applicants John & Marla Meredith. 3685 Watertown Road, granting variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C-2) to permit the construction of a 60’ x 80’ indoor riding arena that will exceed the allowed foot print area for a single oversized accessory structure and will result in an excess of total area for accessory structures. Ayes 4, Nays 0. (#8) #1859 ROBERT LUESSE, 3249 CASCO CIRCLE - VARIANCES - RESOLUTION #3329 It was moved by Goetten, seconded by Hurr to approve Resolution #3329 for applicant Roben Lt sse 3249 Casco Circle, granting variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C) (2) and Subdivision 14 (D) to permit construction of a 22 ’ x 28 ’ garage addition to an existing detached accessory structure. Ayes 4, Nays 0. (B) #13 on Consent Agenda When the Ordinance was presented to Council for correction, some pages were omitted. Moorse explained that only a sentenee was supposed to be changed but several pages were omitted instead. While this particular event caused no trouble, Mayor asked that Moorse investigate this situation to find out what happened. (C) Information on County Road 6 and County Road 15 Hurr noted that she and Gerhardson are meeting with residents interested in Bagley Road which is the cutoff from Femdale onto County Road 15. The committee had looked at closing the cutoff, and just having one entrance onto 15 which would intersect at right angles Residents were notified. The meeting will be this Wednesday, 8:00 a.m. to 11:00 a.m. Hurr also noted that Thursday morning at 7:30 a.m. the County Road 6 committee will meet and Bruce Plachek will be present to discuss the matter. Hurr stated the County Road 15 discussion previously set for October 11 has been changed to October 25 at 7:00 p.m. This would be part of the regular Council meeting scheduled on that date. Goetten commented on a call she received from a resident who had been at the information meeting and read an article in the Sun Sailor that made it sound as though a decision hM been made. She explained that was not the case and she explained he could call council members with questions if he wished. Hurr noted that she had not received any calls and that the county is asking for a resolution advising them that we’re interested in having them pursue some more detailed plan. Goetten asked that any press members present make it clear that a decision has not been made. Kelley asked Hurr for clarification of location of Bagley Road and what the thoughts are on that issue. Hurr replied that it would be closed and traffic would come on Femdale, the intersection would be straightened so it would come more at right angles rather than a curve. A traffic count was done and there were 14 trips in a day on Bagley Road. Kelley suggested that the traffic count would be most realistic in June and July. Goetten reported that she was appointed to the League of Minnesota Cities Conference Manning Committee and asked the Council for comments and suggestions. (D) Permit Report Mavor Callahan commented on the surge of permits from one year to the next and asked why that wa.s. Mabusth explained the major cause is the large project at the former Pillsbury property. POLICE CHIEF ’S REPORT Police Chief provided definitions of his report. Also included some six- month statistics that deal with Part I and Part II crimes. Chief noted that he also provides a report to each cit> which lists crimes individually. He noted he could provide this report for all I'our cities or Just the City of Orono. Chief mentioned a request for radar enforcement and monitoring on County Road 15 in the area of Orono Orchard Road to assess the situation and determine what can be done about it. Chief also mentioned the curve and impact on Orono Orchard Road and how difficult it is to turn off of Orono Orchard Road and go east. He has instructed officers to be in that area more frequently for monitoring. The plan is to make that stretch of road have a reputation for being monitored regularly in the attempt to encourage drivers to slow down in that area. Hurr noted that there is a sign available that displays driver’s speeds and wondered if one could be rented or purchased Chief will look into the cost of renting or purchasing one of these signs. Chief commented that there might be an opportunity to seek a grant from the State of Minnesota for traffic enforcement funds to cover the DWI enforcement, seatbelt enforcement and speed enforcement. He asked if the Council to seek this grant. Kelley asked Chief how the Council should evaluate the police department on how well it’s operating, whether the Chief and staff feel they’re doing a good Job and what they’d like to improve, and whether the staff has been evaluated and how that’s done. Chief replied that a new evaluation form is being implemented which include a specific goal section. The current form doesn’t allow for a goal section. Kelley stated that he feels it’s the councils position to make sure the evaluation process is in place and would like to review the proce.ss. He also stated that he would like to hear ChieFs philosophy into management of otilcers. Chief explained that he was approached by a student at Orono High School who was in Police Explorer Unit for the Water Patrol, and who is also interested in exploring law enforcement as a career and is seeking an internship with the department. (W) JIM DANIELS - CABLE TV ADMINISTRATOR - 1994 BUDGET Mr. Daniels introduced Commissioner Jim Patlrin. He noted that Commissioner Pattrin and his committee had met with the cable company several times with the goal of additional visibility and upgrades to the studio facilities. They’ve developed a good relationship with the cable company and added 1 staff as a result of the 1983 proposal, upgraded facilities, and a.sked for more visibility. Kelley asked how many residents in Orono have cable. _— Mr. Daniels did not know specific IViurcs but said that Orono is one of the top three penetrated cities (along with fxcclsior and Shorewood) in the fourteen city area, {he overall penetration is about 55%, and .hat Orono is probably around 50%. He clarified for Hurr that the figure repre.sents number of homes passed (by the cable). Kelley asked how the Cable Commission budget is funded and where the money comes from. Mr. Daniels e.xplained that the commission ’s budget is not funded from tax dollars, but rather from a 5% annual franchise fee paid by the cable companies from annual revenues. Kelley asked if there is any ability on the Council to try to keep those costs down. Mr. Daniels said he would explain that in his budget presentation. He stated the 1994 budget does not have any noticeable differences to it in operations. There is a 0% increase with the exception of the required payment of the insurance bonds, worker’s comp. etc. that have increases. It would be the same as last years budget except that the Commission has added two additional City Council meetings. The Commission pays to cover a total of seven City Council meetings aired on the government access channel and that’s where the bulk of the 1994 budget increase goes. It includes the costs of additional equipment and trained contract employees (net staff). Hurr asked how the Commission chooses which City Councils are aired. Mr. Daniels explained that the Commission does not make the choice but that the first two cities to take official action to have their City Council meetings appear on Channel 8 will be the first two cities to be covered. This is how it happened in 1993. Kelley asked what the top-line increase in revenue was between 1993 and 1994. Mr. Daniels replied that it’s a projected figure at $125,500 for 1994 compared with $120,000 for 1993. He noted that the Commission has had monies set aside for years to activate government access and they used some of those funds. Mr. Daniels apologized that the budget was not available for the meeting. He asked that the Council would approve the Commission ’s budget for 1994. Mayor Callahan stated that the Council would prefer to sec the budget and would hold ^tion until they had reviewed it, especially since some of the Council members have not previously seen such a budget. ENGINKER’S REI'OR I City Engineer Cook was present. There was nothing new to report. (*#I2) FALL CLEAN UP It was moved by Goetten. seconded by Hurr. to accept the information presented for Fall Clean Up Day on Saturday, October 16. 1993 from 8:00 a.m. to 4:15 p.m. f (m3) ORDINANCE AMENDING SEC. 9.34 ’ FIRE PROTECTION & PREVENTION’ - ORDINANCE NO. 121, SECOND SERIES It was moved by Gociten, seconded by Ilurr, to adopt Ordinance No. 121, Second Series repealing Ordinance No. 116, Second Series and amending Section 9.34 adopted April 1, 1084 nntitlf-H "Fire Protection and Prevention". (#15) LONG LAKE FIRE CONTRACT Mr. Moorse explained that the contract is for 3 years, running through 1996. Major issues were resolved and this contract is a result of that process. Moorse asked if there were any questions regarding the language ot the contract. Kelley clarified Article 9 - it's a three year contract and the Council has to ratify the following year’s budget. There are ’94,' ’95, and '96 estimates which can be found on the last page. Moorse noted that if the budget is not ratified in the first year of the three-year contract, then the contract terminates two years forward. He went on to say that if the contract is not ratified in 1995, it automatically becomes the "not to exceed" number given for 1995 and then it would become the "not to e.x'ceed" number for 1996. If the budget is not agreed upon/ratified, the (3-year) term would not be extended. Mayor Callahan and Moorse noted that budget figures are reviewed each September for the following year. If the budget is not ratified in 1994. City is bound by the contract for the years 1995 and 1996. Failure to ratify the budget or mutual agreement terminates the agreement. If City is dissatisfied witli the service, then Council would not ratify the budget. Hurr clarified that the contract calls for a two year cancellation. She also asked what circumstances might call for termination ot the contract. Mayor Callahan suggested that if Medina for example opted out of the contract, then the contract would be between Long Lake and Orono. Kelley is in favor of this contract for both Long Lake and Orono as it would be of mutual benefit. Hurr asked if Medina dropped out of the contract, Orono would not have to agree to a chanc3 in the numbers. Moorse agreed but added that they would probably come back w’ith a rev-.-icd budget. Mayor Callahan commented that there was a question about insurance. Moorse explained Paragraph 7 - the questit)n was whether the 1.6 milliori policy includes the negligent acts and personal injury. Long Lake’s Mayor said that’s what it s sup^sed to mean and Orono’s attorney agreed saying tliat we need to include language to clarify that and present it to Long Lake. Mayor Callahan asked if Orono would be covered as additionally insured. Moorse said the contract probably would not have that language but since both Cities are covered by the same insurance carrier, the LMCIT, that is really how it would work. He said again that this paragraph would be clarilicd. Hurr asked if Orono would be establishing its own Equipment Fund, li was explained that one exists already in the amount of $30,000. It was moved by Mayor Callalian, seconded by Hurr, to approve the fire contract subject to clarification of Paragraph 7. Ayes 4, Nays 0. (#16) POLICE CONTRACT Mayor Callahan commented that the contract has the same roll-over feature as the fire contract 'vhereby the continuation of the contract is dependent upon the ratification of the budget from year to year, le would like to see a provision that if one of the other contract cities terminated the contr ct, that it would open to renegotiation because the impact of such an event could be extensive and require considerable study into the cost effects. Kelley concurs. Mayor Callahan requests Moorse to tell the Mayor and Council of Long Lake that the Council prefers to hold off on making a decision until after November 1st. It was moved by Mayor Callahan to table the Police Contract. 8 (#14) WATER CRAFT ORDINANCE Moorse explained that the Council discussed a watercraft ordinance several months ago for Long Lake regarding personal watercraft and hours of operation. The Council had a number of concerns. As outlined, there will be a 15 mph speed limit before 8:00 a.m. and aAer sunset, along with general language about safety recommendations for personal watercraft. There are no restrictions from operating in specific areas. Hurr asked what the general speed limit of Section 2 is as set forth by the DNR. Moorse .stated that he’s not aware of the actual speed. Mayor Callahan commented that some of the language sounds ambiguous. Kelley stated he is opposed to the ordinance saying that it is designed to regulate the actions of a few people and would impose hardships on the majority of individuals. Goetten concurs. Mayor Callahan feels that Long Lake must have sufficient reason for drafting the ordinance. Hurr stated that a boat with proper radar equipment would be required in order to enforce the ordinance. Hurr stated that she would like to know what this ordinance would do that the state regulations don’t already do. Kelley asked if it applies to snowmobiles since that would be a bigger concerns. Goetten stated that she thought representatives from Long Lake were going to present their reasons for asking for this ordinance. It was moved by Mayor Callahan, seconded by Kelley, to table the ordiiiance for further clarification and language. Mayor Callahan would like to eliminate sections 1-3. Ayes: 4, Nays 0. (#17) HIGHWAY 12 & WILLOW INTER.SECTION Moorse explained that he talked w'ith Hob Vasek with MNDOT regarding the ide^ from the meeting. One suggestion was to place "no left turn" signs at that intersection during rush hours. Mr. Vasek indicated that generally that type of signage does not deter people from making turns and its use would require continuous enforcement. Another idea was to install a sign saying "signal \iuir turn" but that would not have a significant impact. Regarding physical barriers, Mr. Vasek understood the option was not a serious consideration. Tlifc would be the best option, however, to restrict left hand turns. Goetten asked about the cost of installing the barriers. Moorse had inquired and found that Mr. Vasek is looking into the costs. Hurr asked if drivers could cross the street and was told that crossing would be restricted as well. Tatt ordinance several months ago for f oi^ration. The Council had a number ed limit ^tore 8.00 a.m. and aftermmendations for personal watercraft eas.is as set forth by the DNR. : sounds ambiguous. at it is designed to regulate the actions lajority of individuals. lent reason for drafting the ordinance. 3uJd be required in order to enforce the nance would do that the state uld be a bigger concerns. ng Lake were going to present their to table the ordinance for further to eliminate sections 1-3. Ayes: 4, INDOT regiirding the ideas from the ns at that intersection during rush ignagc docs not deter people from rccmcMl. Another idea *ould not have a significant impact, •ption was not a serious consideration land turns. g into the costs. that crossing would be restricted as Kelley asked if the City of Orono has a long-term game plan as to the flow of U-affic. For instance, would the stop light be removed with the eventual continuation of service roads.Mayor Callahan stated that he didn't believe anyone had a position regarding that.Kelley feels it is important to have a longer range plan in place because it’s important to keep Highway 12 flowing.Mr. Peterson asked whether MNDOT would provided the signs if requested. Moorse stated that Vasek did not respond specifically to that question. He expects to hear from Vasek soon as his people are coming out in the next week or so to explore other possibilities. For example, a flashing light used as an indicator, to be placed about 200 feet before the intersection. Kelley noted that if Old Crystal Ba\ Road would be closed, there would be more bus traffic on Willow during the school year. Me asked how this problem would be handled so that buses could make the necessary left hand turn from Willow. Hurr suggested having police at the intersection and that MNDOT should be aware of the situation. Mayor Callahan suggest closing Willow at the same time of dosing Old Crystal Bay Road, thereby forcing the traffic down further. Hurr asked what the objections to placing the barrier would be. Mayor Callahan responded that one would be the inability to cross. Additionally, there are objections from people who are opposed to cutting off the left turn. Goetten noted that businesses especially don't want the left turn eliminated. Glenn Cook noted that the Mayor of Long Lake feels the barrier is not an acceptable solution to the problem. In light of the fact that most drivers disregard warning signs as suggested, Goetten stated that she had asked whether the area couKl be monitored with a report on progress in six months. The Chief said he could do that. (#18) ROOF REPAIR CRYSTAI. BAY POST OFFICE It w’as moved by Hurr, seconded b\ Gocllcn, to approve the roof repair bid for Plymouth Roofing for an amount of $5,300.00. Ayes: 4, Nays 0. (#19) EASEMENT ACQUISITION OLD CRYSTAL BAY ROAD BRIDGE It was moved by Goetten. seconded by Hurr. to approve the easement acquisition fqi the Old Crystal Bay Road Bridge with VCI Capital Inc. in the amount of $4,448.00 which is reimbursable to the City from Municipal State Aid Funds. Ayes 4. nays 0. DISCUSSION OF MUSA FXPANSION APPLICATION Hurr explained that the Met Council said that tlie MUSA application was incomplete because we had not agreed that we would comply with the storm water management requirements that are part of national regulations ioda\. In our (Mayor Callahan and Uurr) discussion with Mary Smith, it seems that they arc comfortaDle with....six months or maybe a year. Mike says it’s a minor amendment and once we agree to an acceptable timeframe, it could be completed fairly quickly. Mr. Neales would like to proceed with his connection and the purchaser of the property we are tr> ing to sell would also like to proceed. Mayor Callahan stated that he feels there would be serious difficulties with the stormwater plan. These concerns are contained in the Metropolitan Councils own draft of what they want done. He warns that there will be problems down the road. However, with the new information Hurr preseraed, it sounds as though the City would be involved in the problems anyway. Would like to suggest that we dirvet staff to bring to budget meeting a resolution draft to accomplish the substance of o'lr discussion tonight so that we can formally adopt necessary language for the applicatimi. It was moved by Mayor Cai’.ahan. seconded by Hurr, to appro\ed the Alan Nettles Sewer Connection subject to the above request ot staff. Ayes: 4, Nays 0. (#21) ALAN NETTLES SEWER CONNECTION Moorse explained that Mr. Nettles proposes to pay his connection over time rather than in a lump sum. Moorse has looked into this and determined that it would be easy to do - simply add it as an assessment to his property. He warned, however, that this would set a precedent and that there are other situations that would come up requesting the same arrangement. Kelley asked where ilic money would go. Moorse explained that it would be a\ailable to fund debt service. Hurr asked how the figure was arrixed at. Moorse explained that the original assessment was $9,235 and increased over the years by costs of living increases. Hurr asked what interest rate is paid by those individuals who opted to have the fee added as an assessment. Moorse stated that he believed it was about 8.5%. Hurr stated that she feels the same rate of interest that original homeowners are paying would have to be charged. Kelley asked how long Mr. Nettles wants the term of payment to be. Mr. Nettles proposed that since he parch ised the property' in August 1986, he would pay down the fee to the point as other homeowners and to finance the remainder to the same term as other homeowners at the same rale of interest. CATIONSlUSA application was incomplete becausemmiagement requirements that t r C^lahan Hurr) discussion with in....SIX months or maybe a year. Mike an acceptable timeframe, it could 0 proceed with his connection and the Id also like to proceed. ^nous difnculties with the stormwater btan Councils own draft of what they want the road. However, with the new City would be involved in the problems to bring to budget meeting a resolution tonight so that we can formally adopt r. to approved the Alan Nettles Sewer yes: 4, Nays 0. as connection over time rather than in a ned that it would be easy to do - simply howe^ er, that this would set a precedent p requesting the same arrangement. debt jcrv ice. v235 and increased ovct the years by Lials who opted to have the fee added original homeowners are paying would payment to be. in August 1986, he would pay finance the remainder to the same term Hurr asked what precedent this wmild set for the other two properties. Would they have to be financed for seven years al.so?Moorse stated it would be possible and is considering whether this situation is unique enough to set it apart.Goetten feels there is a difference between established properties and new properties. Kelley agreed that the distinction is \ery important and that requiring the full payment could impose a hardship on the owner of an existing property whereas the fee could be included in the fininoing of a new property. Mayor Callahan stated that he is opposed to the request. Hurr stated her concern about the precedent. Mayor Callahan stated that a decision \vt»uld have to be postponed until the full Courxil is present since the issue is split evenh'. Mr Nettles commented concerning the precedent, that there is a major difference between Ae amount of money an individual has to come up with versus the money a developer would ^ required to come up with and that it would be more difficult for an individual to obtain the funds. Mayor Callahan noted that there is not a purchase agreement signed by Mr. Melamed and Uiat if there is no purchase agreement by Friday, he would vote no on Monday because he felt it was not worth it to make the arrangement for just one property. (#20) ROAD MAINTENANCE POLICY Moorse explained the infom.ation included in the packet describes what there is to consider if the Council is going to move away from its current policy of leaving the pnvate roadways on their own in terms of maintenance. The information describes locations and conditions oi roads to be considered, along with an estimate of costs for maintenance. Hurr asked how many roads don ’t lune cul-de-sacs and what would it cost to build that right of way for each one. Gerhardson noted that the costs listal do not include the acquisition of those rights of way. Kelley asked how many of the roads wish to remain private. Gerhardson said he believes he’s had a call from every one of them indicating an interest in a policy or procedure regarding the C ily providing maintenance. Hurr commented on Millston being called a private road because of the school bus using it. Kelley explained that the buses do use the private roads to drop the children off at the door as a matter of safety. It was moved by Mayor Callalian. seconded by Hurr, to recommend acceptance of the information. Ayes: 4. Nays 0. * M (#22) RESOLUTION OF AIM’RIX lAHON TAMARACK SENIOR CENTER MEMBERS RESOLUTION #3333 Mayor Callahan noted that the Resolution lacked some language that would convey the Council’s true appreciation. Gerhardson clarified that the actual uward would include that language that is net evident in the Resolution. It was moved by Mayor Callahan, seconded by Kelley, to recommend approval of the Resolution of Appreciation Tamarack Senior Center Members. Aye.^: 4, Nays 0. Hurr will be present to take a photograph of the presentation. (#22A) BID AWARD FOR UNDERGROUND TANK REMOVAL It was moved by Mayor Callahan, seconded by Goetten. to award the bid to Griffin Service Station in the amount of $1,800.00. .Ayes: 4, Nays 0. Kelley asked if they would actually destroy the tank and not just leave it in a landfill or other location. Gerhardson explained that they would render the tank harmless on the site and the tank will ?hen h»e properly disposed of. 13 (*#23) LICENSES - RESOLUTION #3334 It was moved by Goetten, seconded by Hurr, to approve the following licenses and permit: Home Occupation License - fen Tech Corporation, P & R Contracting Gambling Permit - Minnesota Multiple Sclerosis Society at Jimmies Lounge - Resolution #3334 Ayes 4, Nays 0. (*#24) BILLS It was moved by Goetten, seconded by Hurr, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned by Mayor Callahan at 10:10 p.m. Ayes 4, Nays 0. *• . Edward J. Callahan, Jr. Mayor ATTEST: Dorothy M. Hallin, City Clc-k Deephaven Excelsior Greenwood Long Lake Medina Minnetonka Beach Mlnnetrista LAKE MINNETONKA CABLE COMMVNICATIONS COMMISSION Orono St. Bonifaclus Shorewood Spring Park Tonka Bap Victoria Woodland 540 Second Stfcel • P.O. Bo* 473 • Exceltlor, Minnesota 55331-0473 (612) 474-5539 • Fa* (612) 474-0430 ^ :2) Sentember 28, 1993 Ron Moorse, City Administrator City of Orono 2750 Kelley Pkwy. P.O. Box 66 Crystal Bay, MN 55356 COUNOLMEEnm OCT 1 1 1993 CnYOFORONO Dear Ron: Here is a second copy of the Lake Minnetonka Cable Communications Commission's "Proposed 1994 Budget". As per our discussion on Tuesday (9-28-93) morning, vou will include this in the packet of information that city council members v;ill receive prior to the next citv council meeting. I also appreciate your offer to put me first on the October ilth (1993) agenda. I don't think it will take more than a few minutes, as most of what the council members will see in print, was explained to them in detail at last niaht's meeting. If not before, I will see you on Monday, October 11, 1993. Regards, Lake Minnetonka Cable Communications Commission James Daniels Administrator Enclosure cc T. Sai^-zar, Chairman of LMCCC LMCCC 1994 PROPOSED BUDGET )PERATING EXPENSES Administrator, $ Access & Office Staff 70,60C Secretarial Service 630 Payroll Taxes 9,450 Travel Expenses 1,760 Health Insurance 4,620 Legal Fees 2,000 Insurance/Bonds 5,170 LMCCC Accounting/Audit 1,600 Conf.,Schools & Conventions 6,300 Office/Studio & Janitor Service & Supplies 3,800 Membership Dues & Subscriptions 1,300 Telelephone/Voice Mail 1,850 Postage/P.O. Box 1,350 Miscellaneous 900 Advertising/Promo 4,000 Office Equipment Office Rent Equipment Maint/Repair Sales Tax OPERATING SDB-TOTAL 0 8,500 1,000 1,500 $ 126,330 Payroll for Administrator, Production Coord., PT Prod. Asst. « Admin. Asst. Payroll services PERA & Employer W/holding Contributio Commission visibility at all cities, MACTA & errands Amt attributed to employee health ins Routine legal assistance Workers Comp, Dishonesty Bond, property Liability Bookkeeping and annual audit MACTA, NATOA, NFLCP Normal office/studio supplies, copy mach. agreement §$30/mo. & janitor service & supplies NATOA, MACTA, magazines, three local Chambers of commerce & Rotary Monthly/answering service LMCCC agendas, correspondence & P.O. Box Rental Varies 4 quairterly newsletters to all 14 cities/direct mail prcmos Office Rent & Bank Box Increased hours on et^ipment will create need for repair i LMCCC 1994 PROPOSED BUDGET Continued SPECIAL FUNDS Capital Funds Tape Stock Technical Audit Financial Audit Triax Studio Equipment Legal Fund Office Equipment Access Equipment Access Development Contingency Sales Tax SPECIAL FUNDS SUB-TOTAL OPERATING SUB-TOTAL GRAND TOTAL 0 300 0 500 0 100 1,000 10,000 11,860 0 750 $ 24,510 $ 126,330 $ 150,840 Replacement of videotape for production Future audit if needed Future legal counsel Replacement/new equipment Cameras, porta-pack, miSw. for city council meetings Coverage of 7 city council meetings/film development/DeWolf audi '• -1 ... LHCCC 1994 PROPOSED BUDGET 1993 Proposed 1994 % Change .ICOME Franchise Fees $120,616.61 + 4,883.39 $125,500 + 4.0% Interest 5.500.00 - 1.000.00 4.500 -18.0% $126,116.61 + 3,883.39 $130,000 + 3.0% PERATING EXPENSES Administrator, Access & Office Staff 68,750 + 1,850 70,600 + 2.6% Secretarial Serv 600 30 630 + 5.0% Payroll Taxes/Pera 9,000 + 450 9,450 + 5.0% Travel Expenses 1,600 + 160 1,760 +10.0% ' Health Insurance 4,200 + 420 4,620 +10.0% Legal Fees 2,000 0 2,000 0.0% Insurance/Bonds 4,700 + 470 5,170 +10.0% LMCCC Accounting Audit 1,600 0 1,600 0.0% Conf.,Schools, & Conventions 6,300 0 6,300 0.0% Office Studio Supplies/Jainitor Serv, & Supplies 3,800 0 3,800 0.0% Membership Dues Subscriptions 1,300 0 1,300 0.0% Telephone/Voice Mail .r 1,750 + 100 1,850 +5.7% Postage/P.0. Box 1,350 0 1,350 0.0% Miscellaneous 900 0 900 0.0% ) --s # gIT* wft ) m 3 M T«c ?r *3SS t i.-.w r\ 1-4S M -r flu < O * §8 a 3 »*■ ^ P irt t 2 C(0 ti-1 *1 n O °3 9H Ui:a p| 5| e -r >■ » ^ >! His i 0 •-» r ■ 5 :: * i * r*iiniir«i ivn Zoning File #1850 October 7, 1993 Page 2 Section 10.22, Subdivision 2 - hardcover A. 0-75’ setback = 10,822 s.f. Existing = 2,697 s.f. or 24.92% Proposed = 1,931 s.f. or 17.8% (addition of 209 s.f. of new structural hardcover and femoval of 766 s.f. of nonstructural hardcover) B.75-250’ setback area = 28,040 s.f. Existing = 12,089 s.f. or 43.1% Proposed = 9,122 s.f. or 32.5% (removal of 96 s.f. of concrete area/planter, 2.871 s.f. of plastic underliner) Section 10.03, Subdivision 14 (C) - lot coverage Total lot area = 42,432 s.f. Allowed = 6,364.8 s.f. or 15% Existing = 6,440 s.f. or 15.1%* Proposed = 6,704 s.f. or 15.7% Variance = 339.2 s.f. or .7% *Note that ordinance requires areas of pool basin and associated decks or patios in lot coverage consideration. Review of banning Commission Comments (Please review Planning Commission minutes of September 20th meeting.) At the August meeting the applicant was asked to reduce hardcover as hardc«r/er was excessive on the property. After reviewing the updated survey and the amended proposal, members felt the applicant had not tried his best to reduce hardcover. Review Exhibit E, outside of the plastic underliner beneath landscape areas, applicant proposed the removal of some 96 s.f. of pavement and planter box. No other improvements were considered for removal. The major objection with the amended proposal was the fact that the entire new structural improvement was located within the 0-75’ setback area. Members asked if the garage stall addition could be installed to the west side of the garage. Applicant’s contractor advised that this would have a major and negative impact on the entrance to the principal structure. Members questioned whether existing paving improvements could be removed at least to the north side of the residence. Applicant’s contractor advised that the concrete paving along the north side of the residence was needed to redirect drainage to drainage way between lot lines and also protect the foundation of house. 1 ji Zoning File #1850 October 7, 1993 Page 3 Members were also concerned that structural hardcover was being placed closer to the lakeshore directing more and more drainage and debris direct to the lake. The Planning Commission could not approve the amended application as proposed. They made every attempt to obtain additional removals of hardcover but all attempts failed. They asked the applicant ’s representative if he wished the application to be tabled to allow applicant more time to consider additional removals but members were directed to act on the application as presented. The Planning Commission recommended unanimous denial of the application finding hardship representations unacceptable as they felt the applicant had not demonstrated good faith in his consideration of hardcover reduction. Options of Action To accept :he recommendation of the Planning Commission and to deny the application as proposed; or Table application asking applicant to reduce hardcover within the 0-*’5 ’ and 75-250 ’ setback area by removing existing improvements; or To approve application as proposed. Council Action To provide staff with conceptual direction so that an appropriate resolution can be drafted for Council ’s review and action at your October 25, 1993 meeting. r CITY OF ORONO - VARIANC N gtoO>PLI , * L.' Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) • •...» im PROPERTY INFORMATION Site Address Property Identif. Number (P.I.D.) i Attach legal description to application if not included on required survey. Date Property Acquired _ _ _ _(month/year) I (do)(do not) also own the adjacent parcels of land. Present use of property: _ _ _residential _ _ _other(specify) Zoning District:______________ ______ APPLICANT NauneTtfsl+feR Phone (home) ♦ Phone (wor)c) ^^3'^S'hO % Address: f OWNER (if different than applicant) Namr J aU£<, Sf>nJAJe/t~ city; MlMCTht/ieA- ZlPi 'S'SSO^i’ Phone (home) _ _ _ Phone (work) City: _ _ _ _ _ZipAddress: _ _ _ _ _ _ _ _ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ QiS£i > Describe request in detail: BuJcj A Attao^JX^^'Si VARIANCES REQUIRED _ _ Lot Area Setback: Lot Width Hardcover Lot Coverage Front Side Rear Average Lakeshore Other (specify)__________________________________________—— ------------------- HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code .requirements ------ fUc. .^-.a Viva. U-rg^T n-c 6r< A ^AAiA4X£ fi ---- ^ EAjm^ *■ ■n.t.D iVMA. fb^ SttiTt. ---------- (attach additional sheets if necessary) REQUIRED SUBMITTALS of fche following information must b0 subnuttod by t:he application deadline date in order for your application to be considered completej^ 1. Completed Application Form 2. \/ Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. ^ Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8Js"x] 1" for reproduction). 5. Topographic' survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). y Slcetches or plans of floor & elevation views (provide 1 copy 8J5"xll"). _ _As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8._ _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if _aboi^ infomation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to host of his/her Icnowledge. Applicant's Signature Date 7/^ /^3 OWNERS SIGWATURE The owner hereby aclcowledges and agrees to this application and further authorizes reasonable- entry onto th6 prc^erty by City staff, consultants, agents. Commission members,^^!^ CounciJk::^einbers for purposes of investiga­ tion and verification reque Date //<^Owner's Signature ____________________________________________ Applicant must have submi^ls Into the City offices 25'days before the Planning Commission /Meeting. ^Tlanning Commission Meetings are held on the third Monday of eacii month. Applicants must be present at all scheduled review meetings of the Planning CcsBiission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. • * f I TO: FROM: DATE: Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 14, 1993 A ' SUBJECT: #1850 James Spinner, 940 North Arm Drive - Variances - Continuation of Public Hearing List of Exhibits A - Location Map B - Original Survey C - Current Survey D - Hardcover Fact Sheets 0-75’, 75-250’ and 250-500’ E - Plan for Hardcover Removal F - Average Lakeshore Setback Sketch At your August meeting. Application #1850 was tabled so that an updated survey and hardcover inventory could be provided. In return, applicant was to review the ne#. tarts and to present plan for hardcover reductions. Review Exhibits C and D, the 929.4 designation of the shoreline has impacted the original hardcover facts presented for consideration in the original review. There is both structural and noastnicniral hardcover within the 0-75’ setback area at 24.92%. The majority of the proposed garage stall will be located within the 0-75* setback and will encroach the setback line by 10’ (65’ from shoreline). The closest deck structure to the lakeshore extends 18’ into the lakeshore protected area (57 ’ setback). The proposed structure will result in 209 s.f. of new structural hardcover within tlie 0-75’ and 55 s.f. of structural hardcover in the 75-250 setback area. Please refer to Exhibits D-2, D-3 and E, as noted in the earlier review from site inspections, it appeared that there was no plastic underlying the landscape areas as shown in Section 3 and 7. .Siaffdid not inspect the north side of the residence to determine if there was a plastic underlincr (Sections 1 and 10 of hardcover inventory). The applicant has lived there over fourteen years and states he has not installed plastic underliner bf'nealh landscape areas. If it was installed, it was installed over fourteen years ago and has probably deteriorated. Thus the reason for sporadic growth also observed by surveyor. Mr. Spinner would agree to removal all areas underlined with plastic and will remove 96 s.f. of planter box and concrete walkway to west side of residence (refer to Exhibit E). When Mr. Spinner was asked to consider the removal of the cofw:rete pad on the north side of the structure (8 and 11 per inventory key) and the section to the north and east side of the proposed garage stall within the 0-75’ setback area (a portion of 9). he suted that he could not as the concrete area along the north side was sloped to keep drainage away from foundation. Zoning Memo ^1850 September 14, 1993 Page 2 sloping of the concrete was to direct drainage to the north and eventually to the lake. The paved area adjacent to the proposed garage stall would be needed to preserve integrity of new addition and also foundation of residence. He noted the residence was located within a major drainage collection or low area for the local watershed and of the need to protect foundation of structure by redirecting surface runoff away from structure. Don Herstein, Mr. Spinner’s contractor, will be present at your meeting to present photographs depicting the drainage patterns on die property and other information pertaining to protection of foundations given the uniqueness of topography. The following ordinances are pertinent for the review of the amended application: Section 10.22, Subdivision 1(B) A.As already noted in the earlier review, the garage addition to be installed at the lakeside of the existing residei. e will be located in front of the average lakeshore setback as the entire residence is located in front of the average lakeshore setback line, review Exhibit F. B Lakeshore setback variance Required = 75 ’ Existing = 57 ’ Proposed = 65’ Variance for new structure = 10’ or 13.3% Section 10.22, Subdivision 2 - Hardcover A.0-75 ’ setback area = 10,822 s.f. Existing = 2, 697 s.f. or 24.92% Proposed = 1,931 s.f. or 17.8% (addition of 209 s.f. of new structural hardcover and removal of 766 s.f. of nonstructural hardcover) 75-250’ setback area = 28,040 s.f. Existing = 12,089 s.f. Proposed = 9,122 s.f. or 32.5% (removal of 96 s.f. of concrete area/planter boxes, 2,871 s.f. plastic underliner) Section 10.03, Subdivision 14 (C) - I ot coverage Total lot area « 42,432 s.f. Allowed = 6,364.8 s.f. or 15% Existing = *6,440 s.f. or 15.1% Proposed = 6,704 s.f. or 15.7% Variance — 339.2 s.f. or .7% I'.p>evcnlufllly to the l&ke. The psved preserve integrity of new addition s located within a major drainage to protect foundation of structure iin. Mr. Spinner’s contractor, will c drainage patterns on the property iations given the uniqueness ot eview of the amended application; arage addition to be installed at the :ed in front of the average lakeshore jnt of the average lakeshore setback 13.3% ddition of 209 s.f. of I removal of dcover) emoval of % s.f. of , x r boxes, 2,871 s.f. plastic underlmer) Zoning Memo #1850 September 14, 1993 Page 3 *Note that ordinance requires areas of pool basin and associated decks or patios in lot coverage considerationIssues for Consideration1. Will you approve new structural improvements within the 0-75 setback area? 2 Can garage stall be located to west side of garage out of protected area? 3 Will you approve a lot coverage variance for a property that has 42,432 s.f. in area? 4 Can .7% or 339.2 s.f. of existing decks around pool be removed? This would also result in a hardcover decease within the 75-250 setback area of 339.2 s.f. or 1.2% bringing total hardcover to 31.33 s.f. Members may review existing improvements with applicant’s representative to determine if additional hardcover removals can be considered - - staff tried!!! Refer to Exhibits D and E. Any condition of approval must include the condition that any hardcover improvements scheduled for removal must be completed prior to the footing inspection for new construction. Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City AdministratorJeanne A. Mabusth, Buildirig & Zoning Administrator August 11, 1993 Subject: #1850 James Spinner, 940 North Arm Drive - Variances - Public Hearing Applicant proposes installation of a 12’ x 22 ’ garage stall addition to the existing attached garage. The structural addition will require the approval of an average lakeshore setback variance and hardcover variances as excesses exist within the 75-250’ setback area. Pertinent Ordinances 1.Section 10.22, Subd. 1 (B) - Average lakeshore setback variance. The garage addition is to be installed to the lake.side of the existing residence. The entire residence is located in front of the average lakeshore setback (review Exhibit G). 2. Section 10.22, Subd. 2 - Review of hardcover. 75-250’ setback area = 29,840 s f. pi Allowed = 7,460 s.f. or 25% Existing = 9,346 s.f. or 31.3% Proposed = 9,346 s.f. or 31.3% No change proposed. 250-500’ setback area = 13,405 s.f. Allowed = 4,021.5 s.f. or 30% Existing = 741 s.f. or 5.5% The applicant has not provided specific hardcover information on 0-75’ setback area at 9,375 s.f. Access stair appears to meet the 4 ’ width allowed for lakeshore lots with steep banks. List of Exhibits Application Addendum Plat Map Property Owners List Hardcover, 75-250’ Fact Sheets Survey Average Lakeshore Setback Sketch Floor Plan Elevations p X I Description of Request The applicant proposes construction of a 12’ x 22’ addition to the existing attached garage to the lakeside of the residence. The entire structure will be placed over existing hardcover. As already noted, the new addition, as with the existing residence, is located in front of the average lakeshore setback line. An excess of 6.3% hardcover exists within the 75-250 ’ setback area. The garage addition will not result in additional paved hardcover to support backing out maneuvers from garage. Applicant has not offered hardcover removals in exchange for the increase of 2^0 s.f. of structural hardcover. Applicant’s consultant has been advised to contact applicant to determine if hardcover removals will be proposed In reviewing the hardcover inventory fact sheet. Exhibit E, applicant’s consultant considered total lot area in original determinations not realizing there were excesses of hardcover. Hardship Review Exhibit A. Applicant claims new Shoreland Regulations created need for variance review. The specific ordinances that applicant seeks variances from have been in place since 1975. In observing the property, staff would have the following comments: The steep elevations and the dense vegetation minimizes any visual impact of the proposed addition on the adjacent properties. As noted in earlier reviews, a lot with a platted corridor has limited claim on a lakeshore view. The lot to the north would never be allowed under existing zoning standards. The unique topography of this property has resulted in the majority of residential improvements being developed in more gentle sloped area located between two steep sloped banks. Hardcover within the 75-500 ’ setback area is at 10,087 s.f. or 23.3%. Issues for Consideration 1.Pending applicant’s response to hardcover removal issue, are there areas of structural or non-structural hardcover that can be removed from this property? Paving improvements adjacent to garage are needed for safe vehicular use. In fact staff would suggest that barriers be placed along the lakeside of the steep bank now that a garage stall will require backing out maneuvers closer to lakeside. There may be improvements adjacent to pool. Pool and family room addition were installed in 1983. At that time, water retention areas of pools would not have been considered hardcover. Changes in policy would now require tliat water retention areas of pools be included as hardcover. 3.Note landscape areas with rock are not underlined with plastic or geotechnic fabric. This includes the area to the lakeside of the residence beneath the deck and enclosed porches. It may be possible to remove matching area of 240 s.f. of paved area adjacent to proposed garage addition to the immediate east. Review Exhibit F. If hardcover removals are to be included as a condition of variance approval, these removals should be completed prior to the footing inspection for the new construction. ,*• - r; .. f , y y . .MM MTt 07/lVfS V tiBATCH 002 • V ♦HEMCPIN COUNTY PROPERTY XNFORHATION SYSTEM PROPERTY OMCRS LISTPROP AOOR OW«R NAME TAXPAYER X NAME/ADDR ' 50 07-117-25 11 0001 009A1 NORTH ARM DR R S A N L NALLACE ROONEY A MARILYN NALLACE S155 MEEKS ROAO EXCELSIOR 104 SS551 ' *' . .V •<*• s PROP AOOR 0M4ER NAME TAXPAYER NAME/AOOR SO 07-117-25 11 0012 00070 HXNDJAMCR LA M R MILLER A J L MILLER MICHAEL R A JUOITM L MILLER 070 NINDJAMMER LA MOUND M4 5SSAA PROP AOOR OMCR NAME TAXPAYER NAME/AOOR . V 50 07-117-25 11 0015 00950 NORTH ARM OR J T OLSON ACL OLSON JOHN T OLSON 950 NORTH ARM OR MOUND M4 S55M PROP AOOR : OMNER NAME ' TAXPAYER NAME/AOOR *. f TOTAL BATCH 002 00009 r% REPORT NO PACE5S 07-117-25 11 0002 00960 FOREST ARMS LA B A CHAPMAN A J J CHAPMAN B A CHAPMAN A J J CHAPMAN 960 FOREST ARMS LA MOUND HN 55566 5B 07-117-25 11 0011 00B60 NlNOJAtOIER U DANIEL K KELLY ETAL DANIEL K KELLY 660 NXNOJAMMER LANE MOUNO 55566 •.f.•' ./•^ . •■. ' '' . '•• 6 ;i» <• •; ' • < ; ,1 • • i r . * - *6 ; ■• L • • • ' ' ;v! '-.Kil 58 07-117-25 11 0015 00600 MINDJAIOCR LA T A Y NORMAN THOMAS M NORMAN 600 HINOJAMMER LANE MOUNO m 55566 50 07-117-25 11 0016 00960 NORTH ARM DR 6 A J SPIfMER 6 JAMES A JUDITH SPItMER 960 N ARM DRIVE MOUNO HN 55366 50 07-117-25 11 0016 00900 NORTH ARM DR BAR BICKNELL BRUCE A A RHONDA J BICKNELL 900 NORTH ARM OR MOUNO MN 55566 SB 07-117-23 00920 FOREST R L A T B MEAKINS ROGER L MEAKINS 920 FOREST ARMS U MOUND rt4 55566 >■r> rT* 1 %, •. c » k . / f \ t A- • •/ ’*■■■■- - * ’V. ♦ I * • - . X. ' J.; •’i A i £ H I ■ 4 ■ I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEM4EPIN COUNTY DEPAR^NT OF PROPERTY TAXATION, T(WHE BEST OF MY KNOMLEOGE ANO BELIEF./ /Mm • * t i « DAT X# S 4 i X ♦.'Xi .'j t: ;.,. ■ • r - v*! ••I lA * i *• . ' r ’ -• • • V ..V, H L-‘. i v;* r •r. ' .Vi' <fc-• ' V* ’ * > ^ A 'T ' '' '.u / HARDCOVER CALCULATION KORlSHEEr . • . '■'I • * • • . • •• • ' , .-V SETBACK zone : .(C.IRCU OMer 0-75'‘ 75-250T 250-500'^ 500-1000' ' •' \ )- f •' ... • vf'Vv ' V V.- • y. f f :«Existin6 Harocovea in. Zone V'. • 9' i At ’ House _ * .. • I • , - • • •-LENGTH .« • . I S.E .A ■ Vf.' •»'•• WIDTH '• •• .• •• 1- VAV>, I i j i t * • \--i - * ! -• jJv .1 9 ' .1 _ • * i' ••*. N*. * . •• . .. • • -Tfrc. *« • •• C e •- a • r • t • \ • • • ^ .# • t**Si.. f % I :.’.v----^ *• • i •• ...« • .** % f.'.J B. Garage • ••• • • 0 ^ • * • ••• •. • •• ij ^ 4 4 • •f t . . *. (.• •• • • -'v— •• X : - ••; '** . • ... ?■• . f .v' s.F.: •• S.F/ *. *• ' S’ »• . .«. • • V .•» •. »• ■ •.'■'rl-- :----7r •• c. D riveway * • “ j\ -X • • . m tv .. :•“ .• «>••. *.4 i . • k O...SIOEWAUC ________S.F*. . ‘Al' f; ilL_S.F. • # *.‘T. •. i • .. •. . ••m 0 X I • t %• . ../C.f # > . ..:. s. , I •»» >*fc • • • . •• 0 •V I. ••••'I ’ - ™ « Fi Landscape AREAS ^ UNDERLAIN -BY . . 'PLASTIC SHEETING _ X_________ •* ••• ^ X______ I •. •• • • . • ••• 4 •— mm• S.F.■ A- ; ; . • *• • S.F. ;#• •• S.F.. A . k p * k % • *•# . ..k .. .**. S.F.; 1 * •„. . ,0kf% , '* S.Fr • m • r • t .• ^*• 1 . t • -Li • #r •• S.F.' S.F. ■ V;. •. *.• • S ____S.F. • I V 1. • 6t.On •v • •• •mm.• • ••. / S.F-^I *•*»mm4m ^ 0 • «»« , **• ••• — . •• • S.F, 4 T • i «•« • •. Total Hardcover in Zone ; ^ - --------j - ,:r.‘4 •»*; Total Property Area iN-ZdNS ' 4-5 L. '*». * • s.F. ■ 3'j70 S.F • I B 3570 X 100 . * •!.* w ■S % . 0$, • . • •* 1.4\ ^ f _ _ I ‘ I» HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: ..(circle one)* 0-75'" (^-25^ 250-500' 500-1000^ l">v ^ Existing Hardcover in Zone *' A. ■ House \»LENGTH <1 • • • ' • . • • ? I • Black top"’ driveway _ _ _ B. Garage 23^Z ; 45 Concrete c. Driveway 120 . •. 0.. Sidewalk E. PatIo/Deck • . I F. Landscape AREAS '> underlain .BY . . •PLASTIC SHEETING Timber 175 Timber 106 Pool & Landscaping 6. Other . 2385 S.F, WIDTH ,• ^ *• A S.F. •t I .# • •% . # * S.F... : — <• s.F. »• • • 12.5 .F. (^• 22-20. 1? n? S.F. — 1500 S.F. (S> _ s:f. (D __s.F. (© 1628 308 f . ‘•i •52.25 X . 522 S • Ft s.F. © ■V* . % • F* •. S,fi • • • • «N» «• •« ^ 1761 ii s.F.- t- 1110 t— • .'i • ■ 0^ i2^ I # « • « _ot___ s;F. @ •53 s.F. ' ' S.F. CD- Total Hardcover in Zone ^ - Total Property Area in Zone 17089 ■ . .i 28040"^-' = S.F. ^0 S.F. Fb] 0 12089^^co 28040 X 100 - ; _% V a K h r' 92-iB c JZ >B7^ / 4 /Existing Hardcover in Zone & 250-500^' ‘500-10GG D »*• •• • ' mm • • . / A. ■ House 2Si • • S.F, LENGTH WIDTH • • • S • F • S • F • *• '>• m 9 m SiFt* ^ .•'S X_____S.F. B. Garage S.F. • • •• • “ •• • * ■.• ••- «»• c. D riveway ___ V. . X . * J • 102'8' •'s :f .^ ••• • •••S.F. *»^ r•k • 0m » *. • •«• ». 0.. Sidewalk j. »t %• »h ‘V'jf t ' ■ • S.F. • «. S f F •ii '•.J: V*» \•• • •T^nr E. Patio / . DECK • •• • • 24 « « « » • m 216 • I ' * • i* _ S.F. » — -C«>. • W4 F.Landscape AREAS ^ • - ; UNDERLAIN ^ BY : . _ PLASTIC • SHEETING 204 .F.@7 •I f z • * ••• *m ______ X « • A ^ S • F • - 6. Other % V • - X -i-S,fV Total Hardcover in Zone •• • •,* • •• ^ 2697' ‘S.F . «• t --— - ^ T otai ?ropmty Area in Zone 10822 ’*.- ■ •’ . s •F.'S IF 2697 B 10822 X 100 - 24.92 r weu /fSi >ICBZ^ * IZB'Z, : >'4r/*V ^ m^ ( 3 ';-^ ' ITS O Uj • to ~n ^ r*— a» Ml .-.. o ft* r~^ TaI vn;:; z 1 2vJP 3 \______1 5»l • ;>,;V I • ,.*., lyV' ^ ‘***>®^ ft »-*I :hV ■''(.S’*.: «-')• ?-:?••; : !V*i> •‘V;-;-’.' .* »4.V l i ' '--'y :!• I 't* • •*i ■.v; ■ ;;•• :>•;• • V t « ,s i :v J* '4*'' ‘.r » X.: ‘ V » . • .r- ■ v\:. >»a h''V-' : : - ^»r‘' Vi' 'i.-' \)i\ I 4rk'U ' 0^ 0 m<u • I NBW ^)P6S PfiMCTVB Z. IBtM^T WPH'S» . JN9TALi Mew lU CLo -1 Q£ O O s/ 1 I I HBMOVB B)C|4T (^>•7 (^Afto^E 'PK. 4 MPLACe W/NEM D00^ KEM oVB BiHiZ CaC' SM6/N THIS /*fEA < INSTMt SEN PPN \^HU ^CPHC.SIA& I ! «1 X.7 <5.H. PK. i-IO" LVL T—T 3- fc iC. 1^ • t|9 1^ I i i I : 1 ; B?,B4. 4 • ^ // B>S&TIN(>.. li-C? PLAN 1/4*» 1-0 JaIO hw b^a N/1.*. A TNM / I To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Avlministrator J COUNCIL MSniG ' 1 1993 From: Date: Subject: Jeanne A. Mabuslh, Building & Zoning Administrator mr OFORONO September 28, 1993 #1854 Troy Anderson, 1490 Long Lake Boulevard - Variances - Resolution Additional Exhibit Revised Site Plan Brief Review of Application The applicant received approval of a side setback variance for a second story expansion in February of 1993. Applicant ’s current application now involves side and rear setback variances for a 26 ’ x 26 ’ garage addition to be installed to the north side of the residence that will extend A'A' closer to the side line than the existing residence because of the placement of the house on the property. The garage shall be located over the existing septic system. Applicant has already completed septic testing for a new system to be installea to the northwest portion of the property. Installation of the septic system must be completed before the permit for the garage can be issued Applicant has yet to complete plantings required in the earlier variance review to minimize visual impact of second story expansion within the substandard side setback. 8-10 ’ high arborvitaes have been delivered to the site but have yet to be planted. The Planning Commission was concerned that the applicant has not completed construction of the second story as siding had yet to be installed. Anderson noted that this was the only improvement needed to complete the construction and that upon receipt of financing for garage and installation of septic system, that siding would be completed. The Planning Commission noted that any condition of approval would have to ensure City that siding would be installed before garage addition permit could be issued. Other members questioned the amended site plan submitted by applicant showing new access to property noting that a backout apron would be required in order to maintain a level of safety for users of the shared drive. Anderson noted this would be no problem as there was adequate room for a backout apron and that hardcover is not a problem on this site. Members did note that the driveway apron would be encroaching closer to the north lot line and noted the need for additional plantings along the north lot line adjacent to the backout apron aixl garage. Members also noted die need to extend arborvitae plantings along the new garage addition as structure was now encroaching 4'/6 ’ into the already substandard side setback yard. Planning Commission members accepted the hardships noted in Exhibits A and I and as reviewed m the staff memo. f Zoning File mSA %f>tembei«t8,1993 Page 2 of 2 Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variance application as proposed, subject to the following conditions: 1.Arborvitac plantings to be installed along the north side of lot line adjacent to backout apron and garage addition; plantings are also to be extended along the east side of garage. The Planmng Commission also asked that the arborvitac plantings along the north side lot line and the five arborvitac to be planted along the east side of the existing structure are to be completed before a building permit is issued for new construction. 2.Prior to the City issuing a building permit for the garage addition, the following shall be completed: a. Installation of new septic system. b. Siding of second story to be installed except for area to the north side of house where garage is to be attached. 3.Septic test areas to be staked and protected prior to the removal of the existing driveway that serves residence. Drive must be '.imoved within 60 days of this approval (November 20, 1993). The enclosed approval resolution has been drafted per the Planning Commission’s recommendation. Note that staff has prepared a new site plan locating expanded area of required plantings and backout apron at north side of garage. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 1854 WHEREAS, Troy D. Anderson (hereinafter "the applicant") is the owner of the property located at l-»90 Long Lake Boulevard within the City of Orono and legally described as follows: Lots 3 and 4, Albee’s Long Lake Addition, Hennepin County, and That part of Government Lot 1. Section 26, Tov/nship 118, Range 23, lying East of a line drawn parallel to and 675 feet East of, measured at right angles to, the West line of said Section 26 and West of the extension south of the most Westerly line of Lot 1, "Auditor ’s Subdivision Number 291, Hennepin County, Minnesota" (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.23, Subdivision 6 (B) to permit construction of a 26 ’ x 26' attached garage addition to be located to the north side of the residence to oe placed 16 ’ from the cast side lot line where a 30’ setback is required and 44’ from the north rear lot line where a 50’ setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1854. 2.The property is located in the LR-I A Lake.shorc Residential Zoning District requiring two acres in aiea. The property consists of approximately 32,000 s.f. in area. The Orono Planning Commission rc\iewed this application on September 20, 1993 and recommended approval of the proposed variances based upon the following hardships and unique findings: Page 1 of 6 I ^ 4. A. The property has an unusual shape; house has been placed to the east side of lot where building envelope is most restricted. B . The property consists of « of an acre and is subject to two acre zoning Standards. r If earage was moved further west to meet the 30’ side setback, Ae sLcture would block the major view windows of the north side of the residence and a major portion of the screened porch. D. The property is not currently served by a garage. p T.ere is not enough depth in the lot at the eastern portion of the property m aUow a prSe'addiL to the rear and meet the required rear setback for the zoning district. The City Council finds that the conditions existing on this grating tjL\'S^wluWnr^^^^^ a7Cffic cd^itions. ligta. Zoning Code and Comprehensive Plan of the City. 5 m City Council has considered this application including the ;^ndh^^ rccommei/Jatu'ns of the Planning Commission, reports b> y by the applicant and die effect of the proposed variance on the hca y welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings Page 2 of 6 residence to be located 44 ’ from the east lot line requiring a 6’ or 12% rear setback variance and 16’ from the side lot line requiring a 14 ’ or 46.6% variance, subject to the following conditions: 1. 2. 3. 4. 5. 6. Prior to the City issuing a building permit for construction of garage addition, the applicant must complete the following: a.Plantings of arborvitae along east side of residence and along north lot line as shown on site plan included as Page 6 of this resolution. b.Siding to be completed for second story e:;pansion except for area behind house where garage is to be attached. c. New septic system to be installed. Septic test areas must be staked off and protected prior to applicant’s removal of existing access drive; the removal of the drive must be completed by November 20, 1993. Plantings are to be extended along east side of garage addition as shown on Page 6 of this resolution and to be installed no later than May 30, 1994. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resomtion and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally speared ____________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared_____________________________________________ known to me to be tlie person(s) described in and who executed the foregoing instrument.and acknowledged that br (uiey) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 6 i • .• resolution § TO:Planning Commission Members Ron Moorse, City Admuiistrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE:September 8. 1993 SUBJECT: /1^1854 Troy Anderson, 1490 Long Lake Blvd. - Variances - Public Hearing In February of 1993, applicant received approval of a side setback variance to allow a full second story addition over existing residence located 20 ’4" from east side lot line. The proposed second story expansion did not involve additional bedrooms and remained at a 2- bedroom use level. Applicant now proposes a 26 x26 garage to the north side of the existing residence requiring both side and rear setback variances. The following ordinances are pertinent to this review: Zoning District LR-IA - Lakeshore residential Section 10.23, Subd. 6 (B) A. Rear yard setback variance Required = 50’ Proposed = 44’ Variance = 6 ’ or 12% B.Side setback variance Required = 30’ Existing = 20 ’6" Proposed = 16’ Variance = 14’ or 46.6% Brief Review of Hardcover 75-250’ setback area = 10,450 s.f. existing = 1,670 s.f. Proposed = 1,670 s.f. or 16% 500’ setback area = 21,950 s.f. Allowed = 6,585 s.f. or 30% Proposed — 3,949 s.f. or 17.9% Review of Lot Coverage Total lot area = 32,400 s.f. Allowed = 4,8b0 s.f. or 15% Proposed ** 2,190 s.f. or 6.5% j Zoning File ^1854 September 8, 1993 Page 2 List of Exhibits A - Application B - Property Owners List C - Plat Map D - Hardcover Fact Sheets 75-250’ E - Hardcover Fact Sheets 250-500’ F - Proposed Site Plan G - I-egal Building Envelope H - Approved Site Plan with Application #1797 I - Resolution #3237 J - First Floor Plan K - Septic Map L - Elevations M - Floor Plan N - Letter from Property Owner - unsigned Description of Request Applicant proposes a 26’x26’ rear garage addition that will encroach the rear setback yard by 6’ and 14’ within the side yard. Review Exhibits G and J, applicant was asked to determine if garage addition could be moved turther west in order to reduce intensity of setback variance. Applicant claimed that the addition would block the main view windows of kitchen and portion of screen porch addition. Applicant has not provided a site plan showing location of driveway accessing garage. Staff has asked the applicant to provide an updated site plan for the current revjc v. Anderson has advised that the existing drive to the west will be removed and new access w ill come from drive to east. Hardcover fact sheet should be updated including backout apron in driveway and major reductions of hardcover with removal of drive. There are no hardcover concerns as there is only 17.9% hardcover within a zone that allows 30%. Review Exhibit K. parage addition will require the installation of a new septic system. Applicant will be required to provide septic testing for a minimum 4 bedroom design. There is adequate area to west of property. In the review of Applica.»; n ’97 that involved the second story expansion, the major issue for thai review was the visua; irr.pact of the second story upon the residence t^* the east. Review Exhibit H, applicant was required to plant five 8-10’ high evergreen 7 ’ apart along the cast 'idc of the residence just to the west side of the existing drive. Review the east lot line upon your site inspection to determine if there is any impact of the garage addition to the rear upon the views from east. Staff has received only one letter from a neighbor who wished to remain an'inymous (Exhibit N). Zoning File /i^l854 September 8, 1993 Page 3 Hardship Statement Review Exhibits A, I, and G. there is no way to locate an attached garage addition and meet the rear setback. If garage was moved further west it would block the major view windows of the rear kitchen and portion of screen porch. The property is not served by a garage. Issues for Consideration 1.Is there a visual impact upon neighboring property owner to east with single story garage addition to rear - - is there a need for additional plantings? 2. Will there be an impact upon property to the north? 3. 4. 5. Garage addition will be located 5’ off easement (remember City does not have special setbacks for private driveway easements). Should addition be reduced in size to minimize intensity of setback variance to east side? Applicant should be asked as to need for oversized two stali garage (minimum two stall garage 22- 24 ’x20 ’). Review Condition 1 of Resolution (Exhibit I), plantings were to be completed by July 15. 19^3. Applicant has not fulfilled condition of first review. Exterior of second story has yet to be installed, should permit for garage be issued until exterior wall is completed? If approved, your recommendation must be conditioned on the installation of a new septic system before garage permit can be issued. If structure is approved at a 16 ’ setback, will you require additional plantings (review Exhibit H)? ch ii CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application #1 fee) PROPERTY INFORMATION Site Address Property Identif. Number (P.I.D.) Attach legal description to application if not included on required surv^. Date PropoKty Acquired _ _ _ _(month/year) I (do) (<{o not^ also own the adjacent parcels of land. Present use of property: V residential _ _ _other(specify) Zoning District:_ _ _ _ _ _ _ _ _ ___ _ _ _ APPLICANT Name mi \\v.lir%rn Phone (home) 44Q Phone (worJc) ^ 7 :MC UJY)^ Lakl* Rll/J Cityx (^iTcV'lO _ Zip: 553^Address OWNER (if different than applicant)Phone (home) Name Phone fwork) Address:City:Zip: DESCRIPTION OP REQUEST Describe request in detail Estimated Construction Cost $ : (\M a lUKc ____ VARIANCES REQUIRED 7 Lot Area Setback: Lot Width Lot Coverage Front ___ Hardcover ___ Side ^ Rear ___ Average Lakeshore Other (specify) HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual conditions preventing Icompli^cj:v)'»'i^ Zoning Cod^^reqyjirement^: fri\» ! mmvmmRmsaieni i.mUjX d07Vh/r 02.r a n \ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by t he app1ication deadline date in order for your application to be considered complete; 1. y/^Completed Application Form 2» •/ Certified Property Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center .348-3271). 3. i/piat Map (obtained with property owners list). 4. ~y Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8J5"xll'* for .1 reproduction). 5. 'yA Topographic survey (existing and proposed elevations) if any changes '' in existing grade are proposed (provide one copy 8is"xll"). 6. y S)cetches or plans of floor & elevation views (provide 1 copy 8ii"xll"). 7. hU As an addendum to this application, please attach a separate list of I any other persons you wish notified of this application. 8. _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above Infonnation has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of thi^ application, and certifies that the information supplied is true and cor;^ct to/fhe b^st of his/her )cnowledge. Applicant's Signature / V-—£—Date OWNERS SIGNATURE The owner hereby ac)cowledges 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^f this/^equeat. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Cossiission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RUN DAT! tl/tO/nRATCN OOARROR AOOR OMNIR NAHi TARRAVIR NAW/AOOR M 24-118-25 55 0001 01484 LONG LAKE BLVO J N GARDNER A A L GARDNER ANITA L GARDNER 1484 LONG LAKE BLVO LONG LAKE MN 55554 HEUNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OEMERS LIST58 24-118-25 55 000201490 LONG LAKE BLVO T D ANDERSON A C A ANDERSON TROY A CATHERINE ANOERSON 1490 LONG LAKE BLVO LONG LAKE m 55554 REPORT NO. P1455401 PAGE 758 24-118-25 35 000401516 LONG LAKE BLVO CINDY J FREDRICKSON CINDY FREDRICKSON C/O STATE DANK OF LONG LAKE BOX 434 LONG LAKE ItJ 55554 co PROP AOOR OMCR NANI TAXPAYCR NAHE/AOOR 58 24-118-25 55 0005 01520 LONG LAKE BLVO 0 Jl SMITH A R S JttlOALL 0 J SMITH A K S JONOALL 1520 LONG LAKE BLVO LONG LAKE Ft4 55554 38 24-118-25 35 0004 01550 LONG LAKE BLVO GRANT 0 EGGENBERG GRANT 0 EGGENBERG 1550 LONG LAKE BLVD LONG LAKE MN 55554 58 24-118-23 55 0014 01535 LONG LAKE BLVO BERNICE ZUMBUSCH BERNICE ZUrSUSCH 1555 LONG LAKE BLVO LONG LAKE MN 55554 0 C MOP AOOIImmm mm TMPAYIPmm/koon SB B4-116-2S 33 0020 006BB DAKOTA AVC J N BCIBUY A K J GASHED JANET H BENNAY BB4 DAKOTA AVC LONG LAKE m 55356 38 26-116-23 33 0021 00688 DAKOTA AVE Die NOOOlURO DAVID I CYNTHIA HOODHARO 668 DAKOTA AVE LOTK; lake MN 55356 36 26-116-23 33 0027 01660 LOfJG LAKE BLVD ANITA I KEITH VANDER DRANDEN K R VAt4DEN BRANDEN 1660 LONG LAKE BLVD LONG LAKE HN 55356 w- PMP ABM CBfliR NAHi TANPAViR NANi/ADDR PMP ABM DIMIR NAHi TAKPAYti NMi/ADM 38 26-116-23 33 0029 014B5 SIXTH AVE N NILLIAH R A BARBARA A PEARCE NULIAN I BARBARA PEARCE PO BOX 9300 NPLS m 55660 SB S5-11B-23 22 0003 01509 LONG LAKE BLVO JAHiS E COPLX** I Hire JANES i COPLXr 1M9 LONG LAKE 9LV0 LONG LAKE MN 55356 36 35-116-23 22 0001 01685 LONG LAKE BLVO KURTIS A GREENLEY I HITE KURTIS A GREENLEY 1665 LONG LAKE BLVD LONG LAKE HN 55356 38 35-116-23 22 0006 01505 LONG LAKE BLVO JAHES D NEYHE ETAL JAMES 0 NEYHE 1505 LONG LAKE BLVO LONG LAKE HN 55356 36 35-116-23 22 0002 01525 LONG LAKE BLVO L H CAPRON ETAL H/L EST L H CAPRON 17505 OLD ROCKFORD RD PLYMOUTH m 55666 36 35-116-23 22 0005 01665 LONG LAKE BLVO DONALD H LUNO ETAL DONALD N LUNO 1665 LONG LAKE BLVD LONG LAKE HN 55356 C e 0 8008 TAXPAVfR MMi/AOOR TOTAL BATCH 004 00015 f c- e 0 MM DATE Ol/tO/fS HE^WEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PI43540I PAGE 8MTCN 008 if • ■ k I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEWEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY RNOHLEDGE AND BELIEF DATE ^ Mxio xA. '■H0> ©G r e c c o r HARDCOVER CALCULATION WORKSHEET_^ SETBACK ZONE: (CIRCLE ONE) 0*75' ^-25jy Existing Harpcover in Zone P 250-5C0' 5C0-1CC0' A. HoiJSr X -^tr.• S.F. LENGTH WIDTH \ j! <10 X 12 S i ^r'r c_' Vw>S 1 r • /•/.‘/7 ! ^ .(c X .3 inTD S.F. Cl • •1 X » - • s S.F. X .S.F. B. C. ./t Garage X .S 1 r • D riveway f 1 ■'X . .1 ^- L-^s / / l/ S.F. •li //-'i /vT }X .^ "o S.F. Sidewalk X .S.F. *1# 1 X _mm S.F. X _S.F. E.^ATIO/ D eck X _S.F. F.Landscape - X S • F • AREAS UNDERLAIN BY X ss . S.F. PLASTIC SHEETING X S.F. X s S.F. R. Othfr X s S.F. • Total Hardcover in Zone 1/^1 o S.F. Total Property Area in Zone jniJ ‘=,0 S.F. A ^ R /D Y 100 - H- Ol % HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) O-'j' 75-'^50' E xisting Hardcover in Zone A. Hous LENGTH K WIDTH ll tl 5 I ■ 500-10CQ' = iqi S.r. /-T' S.F. S.F. S.F. B. Garage 7 (/ c. Driveway J) 7Y1^/ D. S idewalk ^ ^N G / / X // G / 4? r> O / U S£ 135 S.F. S.F. S.F, S.F, S.F. S.F. E. Patio / Deck F.Landscape AREAS underlain SHEETING G. Other Total Hardcover in Zone S.F. S.F. S.F. S.F. S.F. S.F. S.F. Total Property Area in Zone B 21950 /ATo S.F. S.F.B X 100 i N Sfc. Z € 8154 w </■ ^ % c/ Xs^4, , Z^/ M69*41 ‘E ^ooHt line of Section ZC, TUe> K.Z^ flxifting Legal J2on£ilU^JLi2.^1 ■"'vin.'" r.‘.'"".':?^'''r ’ .. . .. , Honne}f)in Count'', Minnesota." ' ' ^'JtUtor's Subdivision This nurvev nbows ♦■ho lora»-ir>n r^f , XS."‘/:;:e?±L.^;r ' - ' v:: :ioer*„srv:;.-- ^ 5 Iron iT^ai:Jcor »oarin(iK nhown arc har.od iin asHuPMM) (iatuiM. r (5 a bufferFive pyramidal arborvitae evergreens are proposed as „ h *'*^*^®^*' ®*“1 °f the applicants residence. The trees will be between 8' and 10' tall when planted and could grow to 30'. T e trees will be planted approximately T apart for a continuous buffer. Page 5 of 5 ............................................ - Jfc. Z( w ^'/y//Mt Ts^d, ^^0^ St^/ N89*4l*E iwe *f Scc^Jovx Ho TV)C> KZ-b Rxi.«^^i^q Legal Doner^p^ ion 67S f' ''’^’'""shin^llB/Rfnq^'2 3 "tyinq'pisr'^f^' Government67S foot East of, measured at right angles to thf drawn parallel to and West of the extension south of the most! We4e; 1 v ? • said Section 26 and umber 29 1, H>-‘nnopin County, Minnesota." * ^ mo of Lot 1, "Auditor's Subdivision the north of'’thrabove^descrdriveway serving a parcel to provementH or encroachments. ^ oP^^ty. it does not purport to show any other im-^ tmwrn o : Iron marker no«rina, shown „re hnno.l on „n nsnnmo,. .In.nm, flfiOlffl tgpY y CITY OF ORONO ^ _ SIT!: PLAN__GRADING PLAN i?7\PiMTOVFO i i;r!d.'b' i Wni! HLVISIONS I! (iV . DA IL mLJJ'-'-:-iT3 o. o\CITY of ORONO RESOLUTION OF TIIE CITY COUNCIL 3237NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 2.3, SUBDIVISION 6 (B) FILE J^^1797 WHEREAS, Troy Anderson (hereinafter "the applicant") is owner of the property located at 1490 Long Lake Blvd. within the City of Orono (hereinafter "City") and legally described as follows: Lots 3 and 4. Albee ’s Long Lake Addition. Hennepin County, and that part of Government Lot 1. Section 26. Township 118. Range 23, lying East of a line drawn parallel to and 673’ East of. measured at right angles to. the West line said Section 26 and West of the extension South of the most Westerly line of Lot 1. "Auditor’s Subdivision No. 291. Hennepin County. Minnesota" (h'*reinafter "the property'"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 2.3, Subdivision 6(B). to permit the construction of a second story addition which will encroach within the side yard setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS Minnesota; 1. This application was reviewed as Zoning File #1797. 3. 7'he property is located in the LR-IA Zoning District. The Orono Planning Commission reviewed this application on February 16, 1993, and recommended approval of the proposed variance based on the following fmdings: A. The applicant’s lot is lunited by its unusual shape which will not allow expansion of the existing residence to the east, south, west, and some portions to the north due to setback restrictions. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.3237 B.The applicant’s expansion will not further encroach into the existing substandard side yard setback. C.The applicant has agreed to provide additional vegetative screening between his house and the neighboring residence to the east. 4.The City Council has considered this application including the findings and recornmendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5.The City Council finds that the conditioas existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based on the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 2.3, Subdivision 6 (B) to permit the construction of a second story addition to the existing residence within the substandard side yard setback, which will not encroach within the existing 20.4 ’ from the east property boundary, subject to the following conditions: 1.The applicant is required to provide natural buffer of plantings between the addition and the neighboring residence to the east as shown on site plan/planting schedule attached to this resolution. Plantings must be completed no later than Jf!y 15, 1993. / uthorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will Page 2 of 5 A CITY of ORONO RESOLUTION OF THE CITV' COUNCIL NO_____}321 ____ 3. 4. expire on that date (February 22, 1994), Violation of or non-compliance with any of the terms and conditions of the variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of February, 1993. ATTEST: j/t.^iann Goetten, Acting Mayor ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of February, 1993, by J. Diann Goetten & Dorothy M. Ilallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. A ( NOTARV^PUBLK^- mwnesota HPMNEPIN countv Notary Public Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3237NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) _____day of ^On this _____________ ^ „ Public within and for said county, personally appeared t , 199 3 before me a Notary known to me to be the pers6n(s) described in and who execmed the foregoing insirumem. andTcknowkdged that he (they) executed the same as his (their) free act and deed. i W' JAMIE L BOSMA MTM(VPUeUC44INNES0TA HENKBIN COUNTY MyConHiLExpins 12-19-97 'Ut'7)L NOT.-UIY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 19^ before me a Not^ \ /I me person(s) /fescribed in and who executedPublic within and for said county, personally appeared known to me to be tne person(s). , ._x ^ the foregoing insmiment. anlTcknowledged that he (they) executed the same as his (their) free act and deed. BETH MeCOMBS > MOIARTPUBUCJiMNESOTA $ HENNEPM COUNTYi'.:u 10. t«37;: fwrnim 9mt ^ ••• r‘RESOLUTION #3237 i • V \ odpt .tmTNARY site plan8 S3 / U^' o. r / */*/x ^ UJ*/y /y<^e 0/ ^ ^^<0 . 27/ -----2^ ,0 -^.5 ’ • # » • .. .i -i*M89*41 ‘E ''*• SooVU Im* -f StcVio*^ T(o TUe> P-T.'i Five pyramidal arborvitae evergreens are proposed as a buffer immediately east of the applicants residence. The t-ees be between 8- and 10- tall when planted and could grow buffer. The trees will be planted approximi_tely /' apart for Page 5 of 5 , .1 t > • V 'V•/» •J'-..Vi . •* *•■• • •‘ :••>'\l?J '■■ •".• ••• i-—- •. —3L -t — ■ ■ ^ ^ ^___________; ••K kM .; ». . • •I--!' y^.. ;* • *;■ • *« •« 3 > M '■i .1 INSPECTION RECOnn DATE complianceaAJO AJri __ 7~ ^L_jj0 Ai\-, jr(i "2^ MySuCrnnt/sj/, rw 'hj noJitf S; PUMPOUT nECORDt^ATE GALLONS (0'\Q-nb /OOO izf^prp /nor>i 1-/-J?. JSi3Q. LOCATION SKETCH •1‘ 0• • •,v;’->>/'* 'V <»f• • !^ *IV• •. ;V 1 •'• •*;iX ;1 ' ♦ • * *•• • • -. **1 » • V.'i !• ■ • /;V« 1 • • ■• }<■ to; • ;I . • /:;V' * ‘ * ^y/ fcdiui jrpKjf S^ltr- I »clud»» C - CONFORMING S - SUGSrANDARD N - NONCONr ORMING 1) Well locatit; 2) Distance fr septic tank and drainfi^li^_______ 3) North arrow and road )m house to , dill. boK. - a « I •• V » " --------v-V il\--'. »• •. V. ' 'P;f? • • ; I A .1 ; r v .v I ' • I'f “iv . ,*• * r , ::>i 'V- ^/ ■■■ •I-- *r.i *••''■ • •!.-.■•..* . <*.l ' ■‘^ ........... ..-•ly.l'*Hi• *1 • * ** *»V *r^V-II * ’ * * *• 1 . ;• ■’•i.-* ■ -t; -V-TO,/. -:'••• :..rI ■*■•« .t !.' •:■••.!. ;■ ■ • im ‘ I - • T'*‘v^- • • ■ * - ’ '-f.' I) • . . ‘ .. . i *. *»* •• » » : A • • I • 1. •!•; ‘’M*' * .*•. I*•'«*t*«*•* 1 4 *- t > <•••• *♦•»•^• • % •. ' •••. •• * • * * *♦.» ».»•.»• • • * • *••««*•••••••• • S’ ET CA) 5: 2 c/> o Q- ^ CD ^ CD ro r~ 5i' 4 o m ^ cu -H"0 CD CO • ZT < CD =• < Q {D CO O ♦-* rn CD O CD g oc> ■Iliiiliiiiiilliill SiiiiiiiOT?:®BiiiiBii ii«iili • • ■ V* I•<* D 0) ' r <D < 0> O 3 Exterior 1 liliii 1 ■ili*mm 11* * ii*i iiiiita*1 }m .L..J... >*3-- > r ' ^ • 'T- r ! mjXrMilW r ■p d I jfii !1« > f3 ■CX CD >: i!' # ' i' I M ■ I : I il 11 • I «^ ‘ • % \ ^ i ( * « } «• * . ^* •• * 1 ? I i* •I T .. !• % *^ I .• * « \ f • I«' 'V] 1‘-l‘: i % ■f .1 m : J■p; i- i ^ n f ‘ u • K * ’» ' }'• ? I* 4 }; . t r Planning Commission Orono City Hall City of Orono It is disturbing to see the request for annother variance for 1490 Long Lake Blvd. On the day that the letter arrived notify­ ing the neighbors of the last variance, work had already begun on the very project which was to be decided on! Even though that work was urgent enough to disregard codes and begin immediately, it has still not been finished months later. It is only common sense that the original work on the house be finished before we begin annother project. The residents of this neighborhood have been looking at a unfinished, uncovered structure for at least five months. A glance at the number of variances requested leads to the question that the City Council should ask itself: Why do we have a building code when so many are granted permission to violate it? As for the specific case of 1490 Long Lake Blvd., At least require the last project to be completed before granting permission to create annother eyesore. 'It SEP. 8 jj» *I o Five pyramidal arborvitae evergreens are proposed as a buffer immediately east of the applicants residence. The trees be between 8* and 10’ tall when planted and could grow to • The trees will be planted approximately 7' apart for a contxnu Page 5 of 5 / TO:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: DATE: SUBJECT: couNaLMBme OCT 1 1 1993 CITYOFORONO /Y1855 Paul Bowman, 3458 North Shore Drive - Variance - Resolution Jeanne A. Mabusth, Building & Zoning Administrator October I, 1993 Brief Review of Application Applicant proposes the installation of a complete second story over the existing single story structure. Part of the expansion includes a two story 10’xl2 ’ entry addition and closet area to be installed over the existing deck at the west side. The structure meets the required side yard setback. The existing structure is located 7’2" from the east lot line and the fireplace is 4 ’8”. Note the fireplace will be extended vertically. The structure is not located in front of an average lakeshore setback line. Although the lot is small in area, there is only 13.3% structural coverage. Hardcover is at 24.8%. Applicant has provided a report from a licensed engineer confirming that second story can be installed over existing foundation. Planning Commission accepted the hardships noted by applicant and as reviewed by staif in the enclosed memo. Planning Commission recommended unanimous approval of the variance application as proposed. The enclosed approval resolution has been drafted for Council ’s review ‘ action. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1855 WHEREAS, Paul E. Bowman (hereinafter "the applicant") is the owner of the property located at 3458 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of the Nort! easterly half of Lot 19, "Lydiard’s Park" Lake Minnetonka, lying Southeasterly of the Northeasterly extension of the Southeasterly right-of-way line of Birch Lane as shown on the recorded plat of "Baldur Park", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit construction of a second story above the existing residence structure located 4 ’8" from a side lot line where a 10 ’ setback is required. NOW, THEREFORE, BE IT RESOLVED b) the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #LS55. 'Hie property is located in the LR-IC, Lakeshorc Residential Zoning District requiring 1/2 acre in area. The property consists of approximately 13,229 s.f. 3.Tlie Orono Planning Commission reviewed this application on September 20, 1993, and recommended approval of the proposed variance based upon the following hardships and unique fmdings: A. The house constructed prior to zoning standards for residential construction some time in the early ’40s Page I of 5 ,• r.tm mrn/t i B. C. D. E. F. The only variance sought for the improvement is a side setback iance from the east lot line. The existing elevations and the mature vegetation will minimize impact of second story expansion on residence to east. Staff has received no negative comments from adjacent neighbors who have signed acknowledgment forms. The existing structure consists of only one bedroom and is incapable of supporting the needs of a growing family. The residence structure is located 7’2" from the east side lot line and the existing fireplace is 4 ’8". The proposed improvements will extend no closer to east lot line. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to .her property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or diffiv ly; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the healtJi, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a second story above an existing single story residence to be located 4 ’8" from east side lot line requiring a 5*4" or 54% variance, subject to the following conditions: Page 2 of 5 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this vaiiance will expire on that date (October 11, 1994). 2.Violation of or non-compliance with any of the terms and conditions of this resolution shall constinite a violation of the zoning code, shall automatically terminate ary authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of October, 1993 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 3 of 5 A 4 r. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ocober 1993^y S"j. Do"* HaS Ma" & cl^y Clfrk Orono.’ a Minnesou municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and wiio executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 7, 1993 #1855 Paul Bowman, 3458 North Shore Drive - Variance - Public Hearing Applicant proposes the construction of a complete second story over the existing single story structure. A 10’ x 12’ entry addition will be installed over the existing deck along the west side. The only variance sought by applicant is a side setback variance a'ong the east side where structure shall be expanded above existing lower level at a substand?/d setback at 7 ’ 2" (fireplace addition at 4’ 8"). The following ordinances are pertinent to this review: 1. 2. 3. Section 10.25, Subd. 6 (B) - Side yard setback variance. Required = 10’ Existing = 4’ 8" (principal structure at 7 ’ 2", fireplace at 4’ 8") Proposed = 4’ 8” Variance = 5’ 4" or 54% Section 10.03, Subd. 14 (C) - Lot coverage. Total lot coverage = 1.532 s.f. or 13.3% (15% is allowed) Section 10.22, Subd. 2 - Hardcover. 75-250 ’ setback area = 2,176.5 s.f or 24.8% List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Detailed Site Plan Provided the City with Deck Permit Issued 8/90 F - Neighbor’s Acknowledgement Forms G - Hardcover Fact Sheet ^5-250’ Setback Area H - Licensed Engineer’s Report on Existing Foundation I - Elevation J - Floor Plan K - Cross Section Zoning File mS5 September 7, 1993 Page 2 Description of Request The applicant proposes the installation of a second story over the existing single story structure with the expansion of a 10 ’ x 12 ’ two-story addition over existing porch (first level porch and second level closet area). The structure will meet the legal 30’ height shown at an average height of 27’. Review Exhibit I, the front elevation. At the highest point of the structure, the height equals 31’. Height is determined from the lowest existing elevation to the mean or average height of the pitched roof. A 2'/^’ x 5’ chimney addition encroaches into the substandard setback area located 4’ 8" from east side lot line. Review Exhibit D, the second story will not encroach the average lakeshore setback line. Lot coverage is maintained at 13.3%. Hardcover is under the allowed 25%. The only variance sought by applicant is the east side yard variance. The majority of the second floor expansion will not encroach beyond 7’ 2" setback. Only the 5’ x 2Vi’ fireplace will expand into the substandard side yard. Statement of Hardship Review Exhibit A. Staff would add the following: House was constructed prior to zoning standaids for residential construction sometime in the 40’s. Applicant and former owners have applied for required permits when improvements were proposed. The only variance sought tor the improvement is a side setback variance. The existing elevations and manire vegetation will minimize impact of second story expansion on residence to east. Staff has received no negative comments from neighbors who have signed Acknowledgement Forms. Review Exhibit F. Issues for Consideration Will you allow the further encroachment of the substandard side yard by a 2'/^’ x 5’ chimney? Can fireplace encroachment be reduced? CITY OP ORONO - VARIANCE APPLICATION i n Initial Application Fee $175.00» ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address ._ _ JJ. .,N ( ' J-fc)Iw /‘I 43Property Identif. Number (P. I .D. )’ " I) T *^g23— Attach legal description to application if not included on required survey. Date Prjapw^^ Acquired_ _ _V / ^ ^_ _ _ _(month/year) I (do)(po not) also own the ^dj^ent parcels of land. Presenl^'xrse^f property: t^«^esidential _ _ _other(specify) Zoning District: *1^ ICL _ _ _ _ _ _ _ t . APPLICANT Name /^UL. Phone (home) 41 1 Phone (work ) yfo\ei^ Address:/OOf^rH City: ■ Zip: OWNER (if different than applicant)Phone (home) N£une Phone (work) Zip:Address:_ _ _ _ _ __ _ _ __ _ _ _ City: DFSCRIPTION OF REQDEST Estimated Construction Cost *‘50 ,oe0_^ %e>TFfi-i>rr a^'^- VARIANCES REQUIRED _ _ Lot Area l/^etback: Lot Width Hardcover Lot Coverage Front \/{7^Average Lakeshore Other (specify) HARDSHIP/DBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property ^ ./4.; > wp\tim (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered completes 1. t/^Completed Application Form t^^ertified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). ^ Plat Map (obtained with property owners list). 4. v^Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8ij"xll" for reproduction). 5. ^ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Ji"xll"). 6. S)cetches or plans of floor & elevation views (provide 1 copy 8%"xll'*). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. f/^/^Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant 's Signature Date ONNERS SIGNATURE 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 ciLthi)S request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. U-V . . . . - A,y *f Vv««< - • • •«^ V* «■** * ' f1 ( 1 ! • '•' V.- .•»>■,' • ■■ ■ -< ^ % ,Vv '■s * .-V*-.' - r.> I' ,*• I « Jl I ’I. ••■‘•A ^*' ••'•'• ■•••■'■ i'-' ■ ’"-Ka. • *^ » ■* I'* .. . r* ,» * ' ' ** .. "Av^. • • »r*r*vA‘' ‘ - • r 'T^* * * j t . ^ * . * '• ’ ’ * • .v- ... -i/f •;; v^r. • to- RUN OATl 0R/1A/9S•ATCN OOS iOOlOMCR NMC TAKRAVCR NAHI/AOOR 58 08-117-25 A 05A70 8IRCH LA REX EUGENE 80LLINGER JR REX EUGENE BOLLINGER JR SA70 81RCH LA NAYZATA Ml 55S91 :> OMNER NAME TAXPAYER NANE/AOOR 58 08-117-25 A5 0015 05A80 NORTH SHORE OR BRUCE A NUSBAUH BRUCE A NUSBAUH SABO NORTH SHORE OR NAYZATA Ml S55A1 ■) RROR A88R OMCR NAME TAXRAYER NAHE/AOOR 58 08-117-25 A5 0021 05AS0 NORTH SHORE OR NILLIAH C OOOEN NXLLIAN C OOOEN 5AS0 NO SHORE DR NAYZATA MN 55591 N '1 RROR ABOR OMCR NANI TAXRAYER NAHE/AOOR 58 08-117-25 A5 002A 05AA8 NORTH SNORE OR JAM ERLER JAMES • MARY ERLER SAA8 NORTH SHORE OR NAYZATA Ml 55591 > 1 RROR AOOR OMCR NAME TAXRAYER NAMi/AOOR ) 58 08-117-25 A5 0027 05AA0 BIRCH LA R NILLIAH TOHARO ETAL R NILLIAH TONARO 5A«0 BIRCH LA NAYZATA Mi 55591 o HEMIEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMiERS LIST58 OS-117-25 95 000205990 BIRCH LA E LILJEQUIST A S LILJEQUIST ERIC J A SHELLY R LILJEQUIST 5990 BIRCH LA NAYZATA MN 55591 56 00-117-25 95 0019 05990 NORTH SHORE DR KENTON H CARLSON ETAL KENTON H CARLSON 599C NORTH SHORE DRIVE NAYZATA Ml 55591 5B 08-117-25 95 0022 05999 NORTH SHORE DR NILLIAH 0 ROBINSON N 0 ROBINSON 5999 NORTH SHORE DR NAYZATA Ml 55591 58 00-117-25 95 0025 05958 NORTH SHORE DR P E BOHMAN ABO BLAOER PAUL B0M1AN/BARBARA 0 BLAOER 5950 NORTH SHORE DR NAYZATA Ml 55591 TOTAL BAT**-/005 00015 REPORT NO. PI955901 PACE 1258 08-117-25 95 001205970 NORTH SHORE OR HAROLD J BROUELLETTE HAROLD J BROUELLETTE 5970 NORTH SHORE OR NAYZATA MN 55591 58 08-117-25 95 0020 05992 NORTH S.iORE OR GERALD J' RAY ETAL GERALD J RAY 5992 NORTH SHORE DR NAYZATA MN 55591 58 08-117-25 95 0025 05950 BIRCH LA E R ENGLER A B ENGLER EDUARD R A BONNIE ENGLER 5950 BIRCH LA NAYZATA MN 55591 58 08-117-25 95 0026 05960 NORTH SHORE OR JOHN C NELSON ETAL JOHN NELSON 5960 NO SHORE DR NAYZATA MN 55591 tH ■ ) ^ > i n ) ^ ' Jr •1 MEfWEPIM COUITY PROPERTY INTORHATION SYSTEM PROPERTY 0»tCRS LIST REPORT NO. PI4SS401 PAGE IS I CERTITY THAT THE TACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OT INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERJYTAXATION, TO THE BESTDEPARTMENT OF HY KNONIEOCE AND BELIEF,/ / . > 1 CITY OF ORONO di i U*e* 77 •; •> “^i o Certific^ite cf Sur%-e; for Thcras L. Arnerr^ori \ ir. Let 19» "k.ydiard's rark" Lake ha.r^5 Henneplr. County, Mir.ncGOv/a THIS m BEr^ ■ (slSiiOFlL^ED t) ^S=i-A 00 Ol o-t I ncreoy certify tnat t-.-s 3 0 e ^ ,^,u- and correct reoreser.t3o.cr. c. j ; ’ ' of the boundaries of that pert c. t..c liortnearterly half of lx)t Iv, f'e-t-:-^sterl' c.v.ter.s icr. cf tr.e Soutneaster.y Luke Mnnetun.x, lyinr Soutr.earter., o ..^i^ur Ptr.--. enc t-^e rirht-of-vay .ine cf Bircr. ^nc an 'V. .3. ourr^ert tc shev otter ir.prove- loktior. of all er.istir.- tr.c‘"hortneasterlv r^f" cf Lot Ir TT^nts or encroachesnts . ^ '•ot l”ir.“ iicrtr.easteriy cf a line tnrourr a nao ceen assuia^.c to be t.nut oar.^o. ---- 7,frer. tne Kertneasteriy arc ocint on sale Scutheasterlv r.^-*'- - 7**oa-^’>‘iel with said Ncrtneasterly anc Soutn-Southwesteriv lines of saiQ lot, an. c.-v.. pa.--i ^ ^ yf y/, westerly lines. Scale: 1" = 5C’ Lite : c : Iron ner<er ^^0 ^0 * ^0 mm • * w Land Sur*.'eycr anc rlamer ^nc Ltf-.e, i:i-m.esct^ I n fp ^ o cr> ^-»\ \k \ \ 1. vA 0 !r! !2i’ > -j in nn> O _i: "-J ny~ |jt 4 I (we) X t-; //a! / ^. r-' '(Z. J *y iJ f ^ * /y . r7 ^ (print name(s)][print address] have reviewed the Pl^ns^r 0“ property located at Application No. _____. I (we) understand that in executing this (are) not as)ced to declare-approval or disapproval of ^ of but merely to confirm for the City Council ^^at I ‘we^,3®" ^owt or use the improvement plans and that the proposed neighbor s project requires Council approval. ^g-g I S ■ 7-1-' - 9J Property Owner ^ V Date y/l^y‘ (J^ Property Owner '>r' :i Date If you have any information that may assist the j-" 'flding^t #1 • V Adjacent Property 0%raers' Acknowledgement Fora .Kx!-) Bia^ •• ----- IprlK ,,...11 71 !»«"' the nlans for the procosed improvement or proposed use of the p%pe«y located at -iUSy /Or£r/f . also referred to as Land Use Application No. _____.• . I (we) (are) not aske ,t__ ^he City Council that I (we) am (are) aware of t^e rmrroveren^t° pl^Ts'a^nd that tL proposed neighbor's project or use requires Council approval. Prooerty Owner f* , ‘>V-'vV. . HARDCOVER CALCULATION WORKS^ES^-^ SETBACK ZONE: (CIRCLE ONE) 0-75'^ 75“25^ Existing H ardcover in Zone 250-500' 500-1000' A. H ouse 2,0 LENGTH <cr WIDTH -X B< Garage / ,/H c. Driveway /7 V D. Sidewalk 5 /? ■> c? o_/A E. Patio / Deck F.Landscape AREAS underlain BY PLASTIC SHEETING G. O ther Total H ardcover in Zone Total Property Area in Zone S.F, ^5'S.F. . S.F. 6« 3 C 5 V' S.F, S.F. S.F. S.F. S.F. S.F. Oo _ S.F. S.F. H L'L S.F. 'h S.F. S.F. S.F. S.F. S.F ^ !7 /Ss.F. [X g;sb ‘ S.F. 0 ■^i.T7i-.5' iiTI m - Q ^,rs - 'UHti/ C\ 01 leller. The pf^ose ility of the existingnto the ground and J to my inspection ximately 16 inchesII be supported on F sufficient size to 'earing walls shall SOWMAU L A^e ViewJIREMENTS fore, a thorough lateral pressures EPORT WAS rHAT I AM A ^WS OF THE t : m§\ V. 1 11 ^ \ • 1 II' ; r II n - *==—i:---------------------------------=1 _ I 1 rm ~ a4U-4 ir ft Wr4\ III ■Mllflll n ,f - .ZI“ JE^I ' v7 /c. 1 % i ip\ t 1 1 1 » TO:Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator FROM: DATE: SUBJECT: Jeanne A. Mabusth. Building & Zoning Administrator COUNCIL MEEnm Ociober 7. 1993 <1^1857 James Stinson. 2623 Casco Point Road - Variances OCT 1 1 1993 CITY OF ORONO Additional Exhibits J - Applicant ’s Sketch of Average Lakeshore Setback K - Applicant ’s Addendum for Amended Proposal L - Ma/ilyn Thomas Letter (Neighbor to the South) M - Marquardt Letter (Neighbor to the North) Nl-4 - Photos/Description Brief Review of Application The proposal before the Planring Commission included a 12’xl8’ (actual extension from proposed structure is 11 1/2’) principal structure addition to the lakeside of the residence and the reconstruction of a 12’x21’ deck adjacent to that addition. The existing deck is at 10’ and the new addition would have extended 11/2’ beyond the front line of the principal structure requiring an average lakeshore setback, a side setback and hardcover v .riances. Hardcover exists at 3,907 s.f. or 50.8%. Staff observed landscape areas underlain with plastic on the property that were not included in the hardcover facts. The additional 1 1/2’ expansion into the lakeshore yard resulted in 59 s.f. of new structural hardcover. The Planning Commission members reviewed the hardcover improvements to determine if there were nonessential improvements on the property to be considered for removal excluding the consiucration of landscape areas underlain with plastic as plastic underliners were to be removed. There appeared to be no other areas of hardcover improvements suitable for removal. The shared parking area within street yard is needed for off street parking and for backing out maneuvers on to busy roadway. Other nonstructural improvements were walkways found at a minimum width providing access to property along steeper elevation. It was also noted there was no hardcover within the 0-75’ setback area. The major concern for the Planning Commission was the expansion of the principal structure addition into the average lakeshore setback noting that the location of houses further north and south of this property were located closer to the lake and that with this improvcmcni the adjacent homes could expand with principal structure additions closer to the lake without die need of variances. There is no encroachment into the lakeshore protected area. The Planning Commission was concerned that the approval of this average lakeshore setback variance would create a chain of reaction of improvements closer to the lake. The Planning Commission s representative may be asked to e.xpand on this concern. i Zoning File ^1857 October 7, 1993 Review of Amended Application r f'''’The applicant has submitted an amended application for Council’s consideration. In the amended application, the addition would now extend no further than the existing 10’ deck. The following variances are required for tne amended proposal: Section 10.03, Subdivision 14 (C) - Review of lot coverage. Total lot area = 12,800 s.f. Allowed = 1,920 s.f. or 15% Existing = 2,254 s.f. or 17.6% Proposed = 2,254 s.f. or 17.6% No change in structural coverage Section 10.22, Subdivision 1 (B) - Average lakeshore setback, review Exhibit J. Allowed = 0 Proposed = 10’ Section 10.22, Subdivision 2 - Hardcover within 75-250’ setback area. Area = 7,680 s.f. Allowed = 1,920 s.f. or 25% Existing = 3,907 s.f. or 50.8% Proposed = 3,907 s.f. or 50.8% Variance = 1,987 s f. or 25.8% Section 10.25, Subdivision 6 (B) - Side yard setback. Required = 10’ Existing = 7’5" Proposed = 7’5" Variance = 2’5" or 25% Please review Exhibits L and M, tetters from neighboring property owners who claim no problem with applicant ’s proposal. In tact, neighbor to north alwges that norther.* comer of his residence would be approximately in line with applicant s addition based on the arch or curve of the shoreline. The deck on the south side will extend no closer than the existing deck. There will still be the possibility that a structural addition could be installed on the residence to the north or south without the need for an average lakeshore setback variance because of the realignment in the average lakeshore setback line. Zoning File /I'lSS? October 7, 1993 Page 3 It has been impossible to make copies ot tbe aerial map of the area showing placement of homes within neighborhood because of the poor quality of the aerial map. Applicant has provided photos. Exhibits N 1-4, showing impact on view windows of neighboring residences and location of homes to the south and north of the subject property. Options of Action 1. 2. To adopt the Planning Commission ’s recommendation of denial. Please review the minutes of the September 20th meeting for their comments; or Approval of application as amended subject to the condition that all landscape areas underlain with plastic be removed prior to the footing inspection for the new construction. > Council Action To provide conce,.tual direction to staff so that the appropriate resolution can be drafted for Council ’s review and action at their October 25, 195 meeting. TO: FROM: DATE: Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Sf'ptember 16, 1993 J SiJBJECT: #1857 James ?:’nson, 2623 Casco Point Road - Variances - Public Hearing Applicant proposes a 12'xl8' addition to lakeside of residence and the reinstaliation of a 12 ’x21 ’ deck adjacent to addition. The actual addition will extend 11 1/2 ’ beyond the existing residence as applicant proposes the removal of the existing wall with the installation of the lakeside addition. The proposed improvements involve increases in hardcover where tiitre are already excesses of hardcover within the 75-250’ setback area. There will be an 11 1/2 ’ encroachment of die average lakeshore setback line by the proposed addition. The structure will be improved within a substandard side setback at 7.5’. The new construction will require a side setback variance. The following ordinances are pertinent to this review: Section 10.22, Subdivision 1 (B) - Average lakeshore setback, review Exhibit F. Allowed = 0 Proposed = 11 1/2 ’ Section 10.22, Subdivision 2 - Hardcover review within the 75-250’ setback = 7,680 s.f. Allowed = 1,920 s.f. or 25% Existing = 3,907 s.f. or 50.87% Proposed = 3,965.5 s.f. or 51.6% Variancf* = 2,045.5 s.f. or 26.6% Increase of hardcover = 58.5 s.f. or .7% Section 10.25, Subdivision o (B) - Side yard setback variance Required = 10 ’ Existing = 7.5’ Proposed = 7.5’ Variance = 2.5’ or 25% List of Exhibits A - Application B - Applicants Addendum C - Plat Map D - Property Owners List E - Hardcover Fact Sheet F - Survey G - Elevation of Lakeside II - Floor Plan I - Staff Sketch ► Zoning File fflSSl September 16, 1993 Page 2 Description of Request Applicant proposes removal of the existing upper level lakeside deck installed over concrete patio and replacement with upper level 12’xl8 ’ addition and 12’x2r comiecting deck. The lakeside wall adjacent to addition will be removed and the upper level expanded with new windows installed at lakeside of addition. Principal structure addition will be installed at a 7’5” setback. The addition will encroach the average lakeshore setback determined by the principal structures on adjacent properties by 11 1/2’. Hardcover within the 75-250’ setback area is increased from 50.87% to 51.6%. Applicant has proposed no hardcover removals. Applicant has advised that the extension will go beyond the existing 10’ deck in order to miss the concrete patio below. Footings will be installed within landscape area underlain with geotechnic fabric, review Exhibit I. Statement of Hardship Applicant has not provided a statement of hardship. The hardships are obvious. The lot is severely limited in area and applicant is unable to acquire additional lands to offset hardcover excesses. The residence was constructed in 1965 and there is no record of a side setback variance review. The garage constructed in 1967 received setback variances. The shared driveway and parking area is needed to provide safe access onto Casco Point Road from side door facing garages. Issues for Consideration 1. As staff has already noted, a section of landscape aiea underlain with geotechnic fabric was noted at the time of the si^e inspection. As applicant has not shown landscape areas underlain with plastic within the nardcover information, staff must recommend that all hardcover areas unierlain with either plastic or geotechnic fabric not recorded within the hardcover facts mu„t be removed prior to the issuance of a building permit for the new construction. Hardcover approved for this property must remain at the levels approved with this current variance application. 7 he e.xpansion of the new addition will be installed over landscape area and is recorded in proposed hardcover at an increase ol 58.5 s.f. or .7%. 2. Review Exhibits E and F, what existing hardcover improvements can be considered for removal.' The improvements appear very basic. Should proposed improvements be reduced in area ' 3 Should new addition to principal structure be moved 2.5’ further east in order to meet 10’ side setback? Zoning File ^1857 September 16, 1993 Page 3 Any recommendation of approval must include a disclaimer concerning landscape areas underlain with plastic or geotechnic fabric and that the removal of these fabrics must be completed prior to applicant applying for building permit for new construction. (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submit-ted by the application deadline date in order for your application to be considered complete; 1.Completed Application Form y2. ^Certified Property Owners Lis« of owners within 150' (you must obtain ^ this list from Hennepin County Department of Finance A-603 Govt Center 348-3271) . \3. V^Plat Map (obtained with property owners list). Certificate of survey ^signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8}j"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes y in existing graae are propuseu '-'-'t'jr '• 6. V / S)cetches or plans of floor & elevation views (provide 1 copy 8Jj"xll"). 7. a^As an addendum to this application, please attach a separate list of 7any other persons you wish notified of this application. 8. v Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above •i wfomijition has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the Sest his/her )cnowledge. SiqnaturdX-^O Date OWNERS SIGNATURE The owner hereby ac)cowledges 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 Siqnatur^Z:^^ Date j ^ ^ ~ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are he e third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Coomission and Council. If an applicant s unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building i on ng Office of this change prior to the me-iting. £X ICITY OF ORONO — VARIANCE APPLICATI^^^//^ Initial Application Fee $175.t)0 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application; Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) S * n /f. - *s fi- •j HI - . - •• u • .VI •. ..i. t • • r • .• “ r' _ . w • . •-^ rr> PROPERTY INFORMATION Site Address '2^', '0-^ X Property Identif. Number (r.I.D.)^(2_ Attach legal description to application if not included on required survey. Date Prtjj£Xtv Acquired _________________(month/year) I (do)Cdio not)^ also own the adjacent parcels of Present use of property: /\ residential Zoning District: other(specify) APPLICANT Name ”0 ^ , I Ai Phone (home) ^ ^ PfVcvc »^'';;r'"c>rt-7 Phone (wor)c) V D ^ ^ivf AddressCity : P (^T:6— Zip: ONNER (if different than applicant) Name S _ _ _ ___ Phone (home) Phone (worlc) Zip:Address:_ _ _ _ _ _ ___ _ ___ _ _ _ _ City:- - - - --- - - - DESCRIPTION OF REQUEST Estimated Construction Cost fit. D Describe request in prouiv^ .-\>g-vX VARIANCES REQUIRED _ _ Lot Area Setbac)c: Lot Coverage_ Lot Width Hardcover __ _ Front X- ___ Average LaJceshore Other (specify) HARDSHIP/DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with zoning Code require® . •------------- 1 ib^nyy^c y '0 ■1 / dAJt 7^ 0<0 Ctt -t/xjy t c^7^ /ruLit / i^'ty,/JJ ^ ycAJl^ y(iAy \ U -u/^L lx % 4 7e ^-Ut.to jdbyoib (2/t^^ 0 cJ. #18£3'7 c 1 /7 RUN OATt Oe/27/n BATCH 001 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OUTERS LISTPROP AODR OIPTER NAME TAXPAYER NAMC/ADOR SO 20-117-2S 21 0052 02565 OUNHOODY AVE ERNEST C BLANCHARD ETAL ERNEST C BLANCHARD 2505 DIRMOODY AVE NAYZATA MN 55591 L PROP AOOR OMCR NAME TAXPAYER ilAHE/AOOR SB 20-117-25 2A 0051 02655 CASCO POINT RD MARILYN B THORNE ET AL MARILYN B THORNE 2655 CASCO POINT RD HAYZATA MN 55591 PROP AOOR ' OMNER NAME TAXPAYER NAME/AOOR SB 20-117-2S 26 0056 02601 CASCO POINT RD BRUCE J HEOBLOM ET AL BRUCE J HEDBLOM AND CAROL J Cl INE-HEDBLOM 2601 CASCO POINT RD NAYZATA MN 55591 PROP APnR 0»tCR Ni.ME TAXPAYER NAME/ADOR SO 20-117-2S 26 0062 00056 ADDRESS UNASSIGNEO PAUL J A MARY E RASTER PAUL J RASTER 2600 CASCO POINT RD NAYZATA MN 55591 ' / 4 'f'• f- Vw 58 20-117-25 26 002902669 CASCO POINT RD J A J SCHERVEK JON SCHERVEN 2669 CASCO POINT RD BOX 120 NAVARRE MN 55592 58 20-117-25 26 0052 02625 CASCO POINT RO JAN STINSON JAMES L A NAOMI L STINSON 2625 CASCO POINT RO NAYZATA MN 55591 58 20-117-25 26 0050 02618 CASCO POINT RO JOYCE A TNEOT JOYCE A TWEDT 2618 CASCO POINT RO HAYZATA MN 55591 TOTAL BATCH 001 00010 REPORT NO. PI655601 PAGE 1 /.V58 20-117-25 26 005002665 CASCO POINT RO N J GREENE & A K GREE*<E NORMA GREENE ^ ALAN GKEENE 2665 CASCO POINT ROAD HAYZATA Tt4 55591 o V 58 20-117-25 26 0055 02617 CASCO POINT RO G L MARQUAROT/J M MARQUAROT GARY L A JOAN M MARQUAROT 2617 CASCO POINT RO HAYZATA MN 55591 . c SB 20-117-25 26 0059 02668 CASCO POINT RO J H S B J ESSEN JEFFREY A BARBARA ESSEN ’668 CASCO PT RO HAYZATA MN 55591 t I CERTIFY THAT THE FACTS REPRESENTED ARE AH ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO TW BEST OF MY ANOHLEOCE AND BELIEF OAT • • .-J .... •7 an •V • I •i • * ^ J A«‘ ■• _» ' /A I ■•'' ■ ■■-'■rJ HARDCOVER CALCULATIOM WORKS^ SETBACK ZONE; (CfRCLE CNE) 0“75'2EO-50G' 500-1CC0' A. H ouse B. Garage c. D riveway 0. Sidewalk E. Patio / D eck F. Landscape AREAS UNDERLAIN BY PLASTIC SHEET IMG G. Other __ X _■5-0 =S.F.® le.ngth 00 __ X . width oa HSH _S.F.^ __ X .S • r • *__ X _ • _ S.F. V M \ — 3. F. ^ y __ X .(a L>0 _ S.F.C^ 0 __ X . \^oo _S.F.^ __ X ._ S.F. y ja X u $IA8 --------- / 3 ^X It .7 1..0 99 C3> - S.F.® 'S9 X )0 S .^90 _ s.f.(»2^ V-X # X as __ S.F. X as __ S.F. X _ S.F. X 2IS __ S.F. V a __ S.F. Total H ahdcover in Zone Total Propesty A rea in Zone ^S^Srv S.F. /7 _ S.F. ^.87 A i 5707 __-r B X 100 % HARDCOVER CALCULATIOOMSHEET SETBACK ZONE: (CIRCLE one ) ^-75^ 75*250' 250-500' 500-1000 E xisting Hardcover in Zone A. House LENGTH WIDTH E. Patio/ )eck . X F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING G. Other Total Hardcover in Zone Total Property Area in Zone o m V 100 S.F. S.F. S.F. S.F. S.F. S.F. S.F. . S.F. S.F. S.F. _ S.F. s.r. S.F. S.F. S.F. S.F. S.F. S.F. S.F. o 9/Vo I WILLIAM D. SCHOELL ABOirrcficn civil cnoinccii SCHOELL MADSON, INX. MINM. NO. lift • O. OA« 7t» Wit. NO. l*t»7t rLOtlOA NO. tttl NO. OAA. tit mont . no . Itit-t ENGINEERS & SURVEYORS BO NINTH AVINUC SOUTH HONKINt. MINNCtOTA NHONC. S9S-7Bt4 77/0 * CARLISLE MADSON NCQ iBTINCO land SUNVIVOli MINN. NO. 4»7« to. 0A<. 7*1 Wit. NO. t*t7« IOWA NO. t70t Nc. DAt. not CERTIFICATE OF SURVEY n On T. no . ITAt'B /"'si'L 5 /Shos/ /of 2 WlIXtAM O. SCHOCU. uMim— civik gN«iNicn ■NMk M*. •••• *-. ■ ■; M. wt». •••♦*• 1» M*. MVI . M. ••• ■tir~ M. •••••• SCHOELL fit MADSON, iNC. CNOINCCRS * SURVEYORS * CARLISLE MAOSON / * AtAltTgAIO LAW© •UMVfT MOMIIV©. lilMMtiOTA Pmomut ©JS'TAIA . 1* CERTIFICATE OF SURVEY .Mg.AnT/^ue ScoT-T ^LL/S • MA. 4tV# •A. Aa«. wii. mm, •••▼« lAWA «•. tVAA MA. ©AA. IIAA A#«r. M« lOAA/ mUMM O. tCHOELL CIVIb CtMiMini LL 6i MADSON, INC. / KNOINCCHm A SURVCYOM8 M MIMTM AV8MU8 MUTM NOMlfiS. ftllNilCeOTA MOMS; •99-TAI4 CAHLISLC MAOSON msiimco land «uAvtT#ii 4#9« 9»f •««9# • ••• 194 «l««. A#. •♦. •AA. WI9. »#. I ^ I4W* M. • CABL.SUE M^OSON .,.i- «o•*«■ *•»•-•t*«k «•. •*••» n*.- ■’“- SURVEY ON, INC <00*^ ■Uti* •*® '.r.OTr J / OAh^^'i * C', (?V- y •• V * /A. N V A 5^*# KSeptember 28, 1993Council Members:When we went before the planning commission on September 20 ) we proposed to build a 12 x 18 addition and to replace our deck to be out as far as the new addition. The Planning Commission said that not only do we have too much hardcover but we wanted to add 11/2 feet to the entire length of our house which is an additional 59 sq. feet. The question was asked "Where could we remove 59 sq. feet to compensate for the addition?” We didn't have an answer. The Planning Commission asked if we would remove the perforated material under all our landscaping to help our hardcover area and I said I would if I got the permit. The Planning Commission questioned going beyond the average setbacks of the neighbors which they thought might cause problems. Our permit was denied . After we left the meeting we decided that if we could add a 10 x 18 addition on to our house and go no further out with our new deck, we would be adding no more hardcover, and in fact we would have less hardcover because we would remove the perforated material under the landscaped areas. I have letters attached stating from both neighbors they have no problems with our proposed addition. Both of their lake v ows are straight forward. Sincerely, Jim Stinson I I A * rj. Ch \NHAf5EX T“7r~A"VT “L UrM 7^th Sirrci Chanhas'cn Minnrvota 33317 jor^jo Ao uAuai. iT *'*>'*^ ^___ -i ^WH. -vtoT oippDi>*.r^ t -f ’r»fjt k 'i' * ^^ , i'* • • t‘‘ -r ••r •'^4^1r •I?-.:-i.1•7 . p v" . 1 Sv K • '‘.■■» • September 22. 199 Drono City Council, Plannlnq Commission [ beve reviewed the plans -for Jim Stinson's addition bo hi« house. His desire to add appro" i mstel v 10 •* eet toward the late sn.his house to the end of his current deci is what I understand to be bho intention. I live ne«t door to the north of the Sinson's nouse. ( h4tv# examined the possible obstruction tnat this addition would cause ^l^om my property. I find no restriction of my -/lew whatsoever with this >l«n. H I draw a line from the come- of my house at the same arc as the Ihore of the lake, his proposed corner of the new construction would barely IMtend closer than my house toward the lake. rhle house has always been (r.amtained verv well and the addition would Sbviously be consistant construction. I appreciate the notice that the city cave us on the imoenaira application, t understand that the city^warts to preserve the v-iews and value of the omes in the area. { no reason whatsoever that the citv or the planning commission should appose this addition. I have given Jim Stinson permission to -a»e oicturps from mv property to show bhe facts, and I would be will mo to ricc.< = 5 this with ar^vone who must vote on bhe permi t. . % lincarely yours.y Kary Marpuardt // b4l7 Casco Point Road Irono. MN 55T91 ! theand to be3uld cause with this Tie arc as the ■> would barely1 on wGu1d 5 appl1 cat 1 on. lue o-f the 1 SSI on should OrODe'"ty to show K^ho must vote on Vt V m ci(v^ cv-X To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Mooise, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator COUNOLMEETING OCT 1 1993 CnY OF ORONO September 30. 1993 #1859 Jeffrev Mueller. 222 Bederwood Dii * - Variances - Resolution Brief Review of Application Applicant proposes the total replacement of a detached garage located within the street yard requiring side setback variance and a variance that would allow the accessory structure to be placed in front of the front line of the existing residence. As new structure is to be installed requiring foundation and retaining wall, applicant was asked if structure could be moved approximately I'/i' so that structure could meet the required 10 ’ side yard setback. Applicant concurred that he would be able to complete the realignment and satisfy the code. The Planning Commission adopted the hardship noted by applicant and as set forth in the staff memo and recommended unanimous approval of the one remaining variance that would allow the structure to be placed in front of the existing residence The enclosed approval resolution has been drafted for Council ’s review and action Isv A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) FILE NO. 1859 WHEREAS, Jeffrey D. Mueller (hereinafter "the applicant") is the owner of the property located at 222 Bederwood Drive withhi the City of Orono and legally described as follows: Lots 30 and 33, and Lot 35 except the north 6’ thereot, Auditor’s Subdivision No. 203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the total reconstruction of a detached garage to be placed in front of the front line of the principal structure on the propeny where the code would require that the structure be placed at or behind the front line of the priix:ipal structure NOW, THEREFORE, BE IT RESOLVTD by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1859. 2. The pnjperty is lixated in the LR-IA Lakeshorc Residential Zoning District requiring two acres in area. The property consists of approximately 37,794 s.f. or .79 acre in area. 3 The Orono l”anning Commission reviewed this aj^plication on Septcniber 20, 1993 and recommended approval of the proposed variance based upon the following hardships and unique fimiings: A B. The existing hou.'e is l(x:ated to the rear of the long, narrow lot. The elevations to the east of the propert>’ aie steeper and to relocate a garage to the rear would require major land alterations and result in an increase in liardcovcr. Page 1 of 4 D. Placement of the garage within the hill minimizes the impact of the structure within the street yard. The City has received no negative comments from adjacent property owners. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (B) to permit the reconstruction of a detached garage within the street yard of the property to be placed in front of the front line of the residence structure where no such encroachment is allowed, subject to the following conditions: Authorities granted by this variance run w ith the property not with the applicant, but are permissive only and must be exercised by application tor a building pemiit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). Violation of or non compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate anv authority gra-.ted herein, and shall be punishable as a misdemeanor. 1. 2. Page 2 of 4 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of October. 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono. a Minne.sota municipal corporation and said instrument was executed on behalf of the City. Notary Ihiblic Pace 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of . 199 ___, before me a Notar>' Public within and for said County, personally appeared_____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared____________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Ihiblic Page 4 of 4 TO: FROM: DATE to. Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 8, 1993 SUBJECT; ^1859 Jeffrey Mueller, 222 Bederwood Drive * Variances - Public Hearing Applicant proposes complete replacement of the detached garage within the street yard of the property. The structure at 722.4 s.f. would require a 10' side setback and a variance that would allow detached structure to be placed in front of the front line of the e.xisting residence structure. The following ordinances arc pertinent to this review; Section 10.03, Subdivision 15 (F) - accessory structure at 722.4 s.f. must be located 10’ from side lot line. Required = 10’ Proposed = 8.5’ Variance = 1.5’ or 15% Section 10.03, Subdivision 9 (B) - no detached structure can be placed within a street yard located in front of the front line of the principal structure. The garage is located 80’ in front of the front line of the principal structure and 80’ from the street lot line (73’ traveled portion Bederwood Drive). Section 10.03, Subdivision 14 (C) IvOt area = 34,794 s.f. Allowed = 5.219.1 s.f. or 15% Existing/proposed = 2,701 s.f. or 7.8% Section 10.22, Subdivision 2 A. Hardcover within the 75-250’ .setback area = 400 s.f. or 22.86% (allowed 25%) B. Hardcover within the 250-5(X)’ setback area = *7,356 s.f. or 22.99% (30% allowed) C. Hardcover within the 500-1.000 ’ setback area = *210 s.f. or 20% (35% allowed) •Shed at 500 s.f. is owned by neighboring propeny owner and encroaches within applicant ’s properly and must be credited against applicant ’s hardcover. Zoning F'ile ^1859 September 8. 1993 Page 2 List of Exhibits A - Application B - Plat Map C - Property Owners List D - Hardcover Fact Sheet F. - Elevations F - Profiles/Cross Sections G - Survey Description of Request Applicant seeks setback variances for the reconstruction of a 24’x30 ’ garage located within street yard. Garage is in a serious state of disrepair and in need of replacement. The City has received no comments from adjacent neighbors. Structural improvements are at 7.8% and hardcover is conforming. As already noted above, the 500 s.f. of neighbor ’s shed has been credited against applicant’s hardcover. Review Exhibits E and F, the structure will once again be relocated within the hill minimizing visual impact of struemre. Roof will be at a 4-12 pitch at a maximum peak height of 12’. Structure will not exceed the height of the existing principal structure. Statement of Hardship Existing house is located to the rear of the long, narrow lot; elevations to the east of the property are steeper and to relocate a garage to the rear would require major land alterations and result in an increase in hardcover. Placement of the garage within the hill minimizes the impact of the structure within the street yard. Issues for Consideration C an detached garage be reinstalled to meet 10' side setback, since new structure will require additional land alterations?- - - or will this impact access drive to north? ch #1CITY OP ORONO - VARIANCE APP Initial Application Fee $175.00 ($50.00 per each adcitional variance) Renewal Variance Fee JUOO.OO (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees fDouble application fee) PROPERTY INFORMATION Site Address T>c (2. U qqI:) . LOh)C- opGrty Identif • Numb 6 r (P.I*D« ) __ _ ___ _ _ _ _ ■ — Attach legal description to application if not included on required survey. Date Property Acquired_ _ _ _ ___ _ _ _ ___(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: _ _residential _ _ _other(specii-y) Zoning District_ _ _ ___ _ _ _ _ _ _ _ _ _ Phone (home) ^7S~|^70_ _ __ _ _ _ __ Phone (work) ^^0 Address: "P 2.'2. ED £g.LJ00l^ City: - Zip: 5S^5_4 APPLICANT Name r^UELLBil OWNER (if different than applicant)Phone (home) Name Phone (work) Address:_ _ _ _ _ _ _ ___ _ _ _ _ _ City:Zip: description of REQUEST Estimated Construction Cost $ '72.00. Describe request in detail: i^^ ^I 4 -L. M_ _ _ _ _ ___ _ _ _ _ _ _ _ _ ___ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ VARIANCES REQUIRED Lot Area Lot Width ,/Setback: U' Front , Side JU III— ——— other (specify)^_ _ _ _ _ _ _ _ _ Hardcover Lot Coverage Rear ___ Average Lakeshore HARDSHIP/DBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS D«scribe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements ------------ I (attach additional sheets if necessary) REQUIRED SUBMITTALS . All of the following information must be sxibmitted by the —application deadline date in order for your application to be considered complete: 1. w/completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. ^plat Map (obtained with property owners list). 4. ^./izertificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8% xll for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8^"xli ). ^ 6. Slcetches or plans of floor & elevation views (provide 1 copy 8*5 xll ). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8._ _Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yoiir variance application is not complete_if— inforaation has not been incliided. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the b^st of his/her )cnowledge. Applicant's Signature Date OWNERS SIGNATURE , , ^ The owner hereby aclcowle<^ges 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 Date Aoplicant must have a/l submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on th third Monday of each month. Applicants nust be present at all achedaled review Beetlngs of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 1 ^ [ it:k »1 - . • •I .’ ’* *■ . •' A * .“ EILEEN ST s»3 M WC^ (»0 " * • 7|**?' ^ 13 ^K SL \14 1 • •• 1 13 •...: 4 1 I> V ft.> ^ ^ 1 •« (?3TTT~r - . - ••'W - 30 1 1 1 ! ^ (ne)( 117) ' 15 •• 14; /•:»r •. 3 EwLl r 1 'j.'c 1 ? C- 1 «3 3 ----------------- I I 6S ^^5 ni n / «>i-/3) 'fll 7) -r*.•••« >•».,. y y y (13) _jr. I) p I « 3 (25) .1 ft '2 B (2» * I (12) tS R (») (30) / fco----RD^" ' NO- - _____________9'’ i» :o»-yy (26)* Q) • -Hlut-H 1Z5. _ X '• ' 2') y y y fci it " 73 49 -*’:s (42) S iss % '’^ (**) »• • % ??.;;l£2LJBi t 0 ■I RUN DATf O0/2S/nJ•ATCN DDf •58 D5-117-25 12 0010PROP ROM 0S56D BAYSIDE ROOMCR NAME V E NORTON ETALTAXPAYERVICTOR E NORTON NAHE/ADDR 5580 BAYSIDE ROAD •LONG LAKE MN 55556 • i 50 D5-117-25 12 0016 PROP ADOR 0005D ADDRESS UNASSICNED OHNER NAM8 STATE OF MINN TAXPAYER STATE OF MIFM lONR) NAHI/AOOR I LUCE line TRAIL) • %50 05-117-25 15 0009 PROP ADM 00050 ADDRESS UNASSIGNEO OltCR NAME JEFFREY 0 MUELLER TAXPAYER JEFFREY 0 MUELLER NAIC/AOM 222 BEOERNOOO OR HENTiEPIN COLtJTY PROPERTY IMTORMATION SYSTEM PROPERTY CtBJERS LIST LONS LAKE MN SSlSh PROP Am 0»«CR NAME TAXPAYER MAHE/AOOR SS 05-117-2S IS 0015 OOOSa ADDRESS UNASSIGNEO V H LARSON ETAL VINCENT H LARSON 1A2S COLPAX AVE S HPLS HN 55<«0S ADM OtCR NAME TAXPAYER NAME/AOOR SD 05-117-2S IS 004S DDDSD ADDRESS UNASSICNED VICTOR E NORTON VICTOR E NORTON S5D0 BAYSIDE RD LONG LAKE MN 5SS5A 'tt t S8 05-117-2S 12 0012 C3185 BEDERTIOOD OR J SOUTER ADR ZICK JOHN SOUTER A OAHIKA ZICK 185 BEDERTtOOD DR LONG LAKE Tfl 55S56 S8 05-117-2S IS 0005 00038 ADDRESS UNASSICNED G L GUSTAFSON ETAL GERALD L GUSTAFSON 200 BEDERtRXK) OR LONG LAKE MN 55SS6 S8 05-117-25 15 0010 00222 BEDERITOOO OR JEFFREY 0 TAJELLER JEFFREY 0 MUELLER 222 BEDEPIKXIO DR LONG LAKE MN 55556 S8 05-117-2S 15 0017 05560 BAYSIOE RO A A 8 DALGAARO ALVIN T/BEATRICE H DALGAARO 3560 BAYSIDE RO LONG LAKE »T4 55556 TOTAL BATCH 009 00015 REPORT NO. PIA55601 PACE 5858 05-117-25 12 001500200 BEOERNOOO DR G L A J H GUSTAFSON JOAFfI H GUSTAFSON 200 BEOERNOOO DRIVE LONG LAKE Mtl 55556 58 05-117-25 15 0006 00058 muORESS UNASSIGNEO JEFFREY D MUELLER JEFFREY 0 MUELLER 222 DLOERHOOO OR LONG LAKE MN 55556 58 05-117-25 15 0011 00220 BEOERITOOO OR C A J GUSTAFSON GEPALO L GUSTAFSON 200 BEOERNOOO DRIVE LONG LAKE MN 55556 58 05-117-25 15 0061 05568 BAYSIDE RD J H A J P BARTLETT JEFFREY A JO AfAJE BARTLETT 5568 BAYSIDE ROAD LONG LAKE rvi 55556 __«r MM MVt 0«/2S/9S ^ MTCN 00«> > % I 1 i X 9 I • ik « • 1 HEft4CPlN COUNTY PROPERTY IMTORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI4S5A01 PAGE JY 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRCSENTATIOI4 OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE MEtMEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOHLEOGE AND DELIE DAT)'f'Et f-lillL') HARDCOVER CALCULATION WORKSHEET SETBACK ZONE:(circle one)0-75' <^5-25^250-500' 500-1000' Existing Hardcover in Zone A. House •X a . S.F. length • width• X a S.F. X S.F. X a _ S.F. •X S.F. B.Garage X a _ S.F. C.Driveway X S.F. X S.F. 0.Sidewalk X a S.F. X S.F. X .S.F. E.’at10/ Deck X _ 1 S.F. F. Landscape X S.F. AREAS UNDERLAIN BY X S.F. PLASTIC SHEETING X B • S.F. ‘ . X S.F. G. Other X »S.F.• D Total Hardcover in Zone Total Property Area in Zone y^<p t.p. I A VzXg> -r B X 100 - / 7SO \.t. IT] • 4MP 22. tt % HARDCOVER CALCULATION WORKSHEET 6 i SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' (j50-50^ 500-1000' Existing H ardcover in Zone A. House ^9.3 X /X, o s 1 . ■... _ S.7) LENGTH WIDTH 3S. y X /X 5*ss S*/<7. ~7 s.F. /a, /_ X ./y. 3 * 0 /‘ff.r s.v;1 o. ?X /X J ^ S. F. / X ss S.F. 3 •Garage X 30. /722 S.F. c.Driveway X *7/00 S.F. X S3 « S.F. D.Sidewalk 3 X 23.3 ..........70 _ S.F. ciyjcK ^ CAj^C. ^ X X /z ^ S.F. . « CCiu>C . f rr^r 7. s X X C. (f /. 9 :?? 7 S.F. E.?ATIO/ 2 fJ X S.3 /^J S.F. " - j. ?y J. 3 2! F. Landscape -----»• __X a SSO S.F. areas UNDERLAIN BY X 3 S.F. PLASTIC SHEETING u^MuS X S.F. f'Ayf) uy/ics (ar X . y S.F. R. Other X &S.F. Total H ardcover in Zone Total Property Atea in Zone B 73se s.F. IT] _Z^iIZ^S.F. [U X 100 - ^7.3^ , \ y ^ f a f HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' Existing Hardcover IN Zone Total Hardcover in Zone Total Property A rea in Zone • • A. House X •s LENGTH WIDTH • X • B • • •. t •X » ... « B ff/ea ■X « Z oo •_ X • 3. Garage X . c. Driveway .X ,X * . «m D. Sidewalk - X S.F X m E.^ATIO/Deck \0 ■ T ^ • m p. Landscape X »• « m AREAS UNDERLAIN BY X _ PLASTIC SHEETING . „ X _ • 1 m . X m cty/*. LS G. Other X / o S.F, S.F, S.F. sip; S.F. •• S.F. S.F. S.F. S.F. S.F. S.F. S.F, S.F. • ♦ ,1 S.F. S.F. S.F. S.F S.F A [ii *rfTl X 100 - w— • • 1 Q ^ fi)? -•!’ - v) Q y ^ • TtTr o V.SariQ SIDEC)(Pl(.T »MTo \va . > .'u \\E»6MT ^ “7(?,£rp rt^n'^s Zi “Sn^VVi^e^ x^tLi£^ V V>- *’0% ^ vk^> vvJ^ ^vv •V- Tv;'^ % I 2 ^ LOCK '-) f' f ''i I r J’JXUS f RPiJ'-ii %: jj r i.^0 *”fP7^#f)ttJ6 __________ ST>£tT_-?> ‘vOO-’. r 9 IX I- -• ‘ r .. n C )SS 'A |X& ^!z <^DX 3/^ ^ # Z^r-. 1 il*-^X ^*7 ^^Ic.iN'O ln-x 05/-I-'5 /" .’ CZ.iiT . -3 » • ) /? 6toct J J ^2 T(^JSS J 2 : i/ /» \h O.C. r> r. ; r t' w CO^/; 1 , 'ix ^ ST'u:^^ N, rio U j o ' GnN o *v r-0 'V S>4 zmzzm D z 8cz H <m 1 zz pi § I Ci> 0 C«) 0> ft® 09 01 « >co COc 00m zo is> O 0» ^ . *^rSouiy .^hoo) N I* ; tJor/M TO: FROM: DATE: OUNCILMSnif) Mayor Callahan and Orono Councilmembtrs Ron Moorsc. City Administrator Jeanne A. Mabusth. Building & Zoning Administrator October 7, 1993 OCT i 1 1993 CITY OF ORONO I SUBJECT: ii!^1860 Zelma McKimiey. 3599 Livingston Avenue - Conditional Use Permit I ■<Additional Exhibit N - Site Plan Submitted by Applicant Locating Parking Stalls on Site Brief Review of Application Per Section 10.03. Subdivision 5, the applicant has applied for a conditional use permit to allow the continuation of a nonconforming use that has existed on the property prior to 1962. The applicant has owned the property since May of 1962. At that time, the residence structure contained rental units. Per Exhibit E. a building permit issued in 1957 by the City also conHimed that rental units existed within the structure. In August of 1962 the City passed an ordi.- mce allowing only single family use of the area but the amendment did not require that a conditional use permit be filed for the continuation of a nonconforming use. In 1968 and 1975 the code was again amended and now required the filing of the conditional use permit to allow continuation of nonconfonning uses. The applicant was never aware of the requirements of the code amendments. Mrs. McKinney now wishes to sell the property as a legal duplex. Mrs. McKinney has provided an income tax record and original handwritten rent receipts to the City to corfirm that property has been rental property through her owneiship. As already noted in 1957, the City officially recorded that there were rental units within the residence structure. Staff asked the Planning Commission to review the peninent sections of the code to determine if there was i deadline for the filing of conditional use permits for nonconforming uses which existed prior to the 1975 or 1968 ctxle. There was nothing in the code that would prohibii applicant from filing the current conditional use permit for the continuation of the nonconforming use. As of this writing, the City is in receipt of one letter from an adjacent neighbor who was opposed to the City gra.nting approval of a duplex use of the properly, review Exhibit M. Staff received phone calls from neighb<irs who were pleased to sec that the residence was not going to be used as triplex but rather a duplex and that it would be sold as an owner-occupied residence At the public hearing, there was no one in the audience who voiced concern with the proposal A member of the Planning Commission noted that this would be the time to require that the property revert hack to the single family use with the sale of the property by Mrs. McKinney Die majority ot the members found the propeny would be suitable for a duplex use and c(»uld support the four otf street parking stalls (two within double car garage). The . J Zoning File fflS6Q 0(|^r 7, 1993 PaSeT' applicant was asked to provide an amended site plan showing two additional off street parking stalls, review Exhibit N. At the time of the public hearing, there was no one in the audience who voiced a concern with the current proposal. Since that meeting, staff has received several phone calls from one adjacent neighbor who is concerned that the City could not enforce the various controls that were to be placed on the property. It is stafFs understanding that the neighbor will present a written commentary' at your meeting as he was unable to complete the statement for inclusion in your packet. From various discussions that I have had with the neighbor, the following concerns were raised: 1. 2. 3. All off street parking stalls were based on the maximum four bedroom use of the structure. Whjit if there are additional drivers with a total of five or six cars parked on propeny? There is currently no problem with Mrs. McKinney and her current renters. How do you control the park.ng of recreational vehicles or additional cars owned by owners or renters not used daily or storage of large equipment? Once the homestead credit is discontinued, how would the City be made aware if structure was not owner occupied? The conditional use permit can be written to limit off street permanent owner/renter parking to four oi five stalls. The second floor apartment could be limited to use of no more than two adults (two unrelated adults or couple with young children). The parking of recreational vehicles on limited site would not be allowed. The storage of equipment in yard is subject to existing ordinances of City. As for the issue of "owner occupied," staff would recommend that written controls similar to the ones adopted for the nonconforming use at 1960 Shoreline Drive be considered for this conditional use permit. Staff has provided various sections of the code to the neighbor specifically dealing with required standards for all conditional use pennits, controls on iionconiorming uses and the recommended controls developed for the current review. It is unfortunate that the neighbt'r did not raise these concerns during tlie Planning Commission review allowing tor input and directir)n from the Planning Commission. The City Engineer has been asked to review the updated site plan providing off street parking. In reviewing the various controls on off street parking for residential property, it would appear that parking adjacent to the garage stall doors would not be disallowed. The site plan shows four off street parking stalls not crediting the two within the garage. The proposed off street parking meets required setbacks for residential parking Zoning File #1860 October 7, 1993 Page 3 Please review the enclosed staff memo dated September 16ih prepared for the Planning Commission ’s review providing background on the ordinances, history of the property, building violations and special conditions for control of conditional use permit. Planning Commission Recommendation The PlannLtg Commission recommended approval of the conditional use permit subject to the controls outlined in the staff memo. Approval was based on the findings that the operation of the use would be consistent with the surrounding single family residential neighborhotxl. The use would not have a detrimental affect on the public health, safety or welfare nor should that use diminish the property values of adjacent properties or improvements in the vicinity. The minority opinion of one felt that clearly this was the time for the property to revert back to a single family use finding that the property did not meet current zoning standards and that property was incapable of supporting a duplex use. Options of Action 1 To adopt the Planning Commission recommendation of approval and to add any other conditions of approval deemed necessaiy' by Council. As this use can only be compatible with surrounding single family neighborhood if governed by adequate controls, staff would recommend that a resolution of approval be drafted similar to the one developed by the City Aaomey for Smith Bay Marina for tiie property located at 1960 Shoreline Drive approving a boat sale/nautical shop at the residential property. Staff has enclosed the resolution that includes the exhibits con^'tvt;. ?? of approved site plan, consent ot applicant and pertinent ordinances nforming use .sectit>ns and standards for operation under a conditional permit); or Denial; finding the proposed use to be in complete conflict with the necessary findings ap|)roving a condilitmal u.se permit and that the duplex use would be in ci)mplete conflict with the intent of the LR-IC Zoning District for single family residential use. Council Action To provide staff with conceptual direction so that appropriate resolution can be drafted per Council's review and action at their October 25 1993. To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse. City Administrator Jeanne A. Mabusth. Building &. Zoning Administrator September 16, 1993 /j'lSbO Zelma McKinney, 3599 Livingston Avenue - Conditional Use Permit - Public Hearing The applicant has owned the property since May of 1962 and at that time the existing triplex use would have been permitted. Since that time, three major zonirg ordinances have been approved whereby only single family residential use would be allowed of subject projjerty. The applicant now wishes to sell the property as a legal duplex and seeks approval of a conditional use permit that would recognize the non-conforming use as a legal u«>e. The following ordinances are pertinent to the review: 1. 3 4 5 Section 10.20, Subd. 3 (I) - Duplex credit. One duplex may be located on a single lot as a conditional use upon application therefore provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. Please refer to Exhibit C. Note propeny is not adjacent to a commercial district and could not legally apply for a duplex credit. Ordinance No. 45. Exhibit I. The very first ordinance calling for single family residential use within the c-strict. This was approved after the applicant purchased the property (5/62 purchase. Ordinance passed 8/62) and note ordinance did not require non ­ conforming uses to apply for conditional use oermits to continue a non-conforming use. Section 31. l(X) of 1968 Code. Exhibit J. Once again, single family use was reaffinned but in'w a conditional use pennit was required for all non-conforming uses. Section 31 100 of the 1975 Code. Exhibit K. repeated the same as the 1968 Code. Section 10.03. Subd. 5 lA-J) of your curn-nt Ccxle. pages 251-253. Conditional Use Permit required to allow non conforming use to continue subject to all piertinent ordinances. Section 3.05. Subd. 11. Exhibit G - Separate Serxice Duplex units located in one building on one parcel of property and owned by one owner may be served by a shared or single serv'ice. The residence shall be sold as owner (Kcupied duplex unit. Zoning File 4^1860 Sepicmber 16. 1993 Page 2 of 5 List of Exhibits A A-1 B C D E F VJ H 1 J K L M Application Addendum Property Owners List Plat Map Floor Pla;i. Second Floor Apartment Building Permits Issued 1957 Building Permit Application 1978 Section 3.05, Subd. 11-Separate Service Survey Ordinance No. 45, 8/62 - First Ordinance Calling for Single Family Use Section 31.100 of 1968 Code - Required CUP’s for Non-Conforming Uses Section 31.100 of 1975 Code - Also Required CUP’s for Continued Non- Conforming Use Building Inspection Notice - 9/9/93 Letter from Adjacent Landowner Description of Request Mr & Mrs. McKinney purchased their home in May of 1962. The heme at that time contained rental units. Rental use has continued to the present. Basement unit is not occupied, but the second floor rental unit is currently occupied by two people. Mrs. McKinney has been advised that if she is to sell her home as a duplex, she must seek to make that use legal, via a Conditional Use Permit. She has been asked to provide evidence that the use existed back to 1962 and that the use continued through the years without a lapse in time. The applicant has provided income tax record and original handwritten rent receipt records for the years not covered by the tax recoid to confirm that property has been a rental property through her ownership.* Review Exhibit E. A building permit was issued in 1957 and the City noted the following on the permit; 'This house is being used tor multiple dwelling. Review Exhibit F'. as late as 1978. the City was approsing building permits for improvements to the apartments. The structure is currently divided off into three separate apartments. The lower level basement 'valkout cannot support a bedroom per current Code. Applicant is not prop<ising a triplex but seeks approval of a duplex. The second apartment is located on the second floor, review Exhibit D. Staff will have this information at your meeting Zoning File /^1860 September 16, 1993 Page 3 of 5 The Building Inspector was asked to inspect the facility. As City lacks a housing code, there are limits as to what can be required by the City at this stage. Review Exhibit L. The following was noted by the inspector and should be enforced whether this conditional use permit is approved or not: 1. There were no permits issued for the central air conditioning unit, furnace, and basement bath. Contractor should be asked to come back and obtain the necessary City permits. 2. Inadequate clearance for second floor apartment's upstairs fireplace and should be corrected prior to propeny being offered for sale. 3. Property is served by municipal water and the former w-ell should be abandoned. Applicant should obtain tlic necessar>' permits from State Health Department and provide City with a copy of certification that well ha« been abandoned. 4. Inspector notes that there is no legal egress from windows in basement for bedroom use. If duplex use is approved, staff would recommend that applicant pay for the necessar>’ SAC charge to the Metro Waste Control Commission (MWCC) ($750.00) and applicant is further advised that she can apply to the MWCC for a refund of 20% ot the fee. Based on the 1968, 1975 and current code, if a non-conforming use existed on any land or buildings prior to 1968/1975 codes that use may condnue pursuant to obtaining a conditional use permit and that the non-conforming use be governed eneral by the standards set forth under the non- conforming use section of the ctxle (A-Jl. Applicant has applied under Section 10.03. Suhd. 5 for a conditional use permit to allow the duplex to be recognized as a legal non-conforming use. Per that Code, this use could never be expanded (i.e. triplex or stmctural addition to expand area). General repairs of the structure can never exceed 50% of the fair market value of said structure. This property has contained a non confi rming use for over 31 years. Alterations may be made to a building containing lawful non contorming residenti.d units provided they wDl not increase the number of dwelling units or bulk of the building. Any addition to this structure that would expand the apartment can not be allowed and the future owner or prospective buyer must l>e made awaie ot the special control> now placed on the property if it is to be recognized as a legal non-conforming use. l‘he applicant is specifically offering this property for owner occupied use only. This should be included as a condition of approval. Review Exhibit H. The property has adequate area with a grassed yard. Tliere is a two-stall garage providing at least two parking stalls for both owner and renter. There is adequate area on site to serve additional otf-sireei parking. This is a corner lot and it is important that off street parking be provided for residents of the duplex. Zoning File #1860 September 16, 1993 Page 4 of 5 Review Exhibit M. The letter from Karen Cuff asks that the property be sold as a single family home to preserve the interest of all single family homeowners within the neighborhood. The letter notes the City’s plan to rezone. The application does not involve a rezoning but the request of an owner to continue a non-conforming use that would have been granted an automatic conditional use permit at the time of the zoning amendments in 1968 or 1975. The problem is that average homeowners are never aware of major zoning changes that may affect their property. The McKinneys were never aware that they should have filled for a conditional use permit with the City. The City has received calls from other neighbors stating that they had no problem if it was to be recognized only as a duplex and to be sold as an owner occupied property. Issues for Consideration 1. It will not be necessary for members to go inside the structure as the inspectors have confirmed the floor plan of the second floor rental unit. There is an exterior stair access at the rear and an emergency access through the interior halt to the front door. Review the property, specifically the yard, can this residence func.ion as a legal duplex providing adequate parking off site? What other facilities should be provided for legal duplex? 2. Review the standards under the non-conforming use sections of the code that are pertinent for the duplex use. Are there other controls that should be written into this specific conditional use permit, i.e. owner occupied, no bedroom use of basement area? 3. Is it too date to grant a conditional use permit for this non-conforming use? Members should be aware that Mrs. McKinney did not know that she had any issue with the City until iicr agent was advised of the zoning issue. Applicant has provided documentation that use existed prior to August 27, 1962 and in addition that use continued without lapse through the period. The code does not speci/Mcally state there is a deadline for the filing of such conditional use permit. Can you k ’alilv deny this conditional use pennit? Member* may wish t<'. refer lo Section 10.t>'9, C'ondiiional Uses, specifically Subd. 6 (A) (l-3>, iiie necessary findings tor granting Conditional Use Pennits. 4. Upon your site inspection, does this residence ap[K*ar any different from any of the other Navarre Heights residences ... physical appearance ... its use? 5. Otlier issues raised by Planning Commission members. Zoning File #1860 September 16, 1993 Page 5 of 5 Options of Action If application for CUP is denied, Planning Commission members must provide a deadline for the phasing out of the second tloor rental apartment currently occupied. At the time the building is vacated by all renters, specific structural modifications would be required, i.e. removal of kitchen facility in second floor and basement apartments and any other structural modifications that would deter use of either the basement or second floor as a residential unit. OR If approved, the following conditions should be considered in your approval; I All pertinent standards set forth under non-conforming use sections of the code listed under Section 10.03, Subd. 5. 2. Removal of kitchen within basement. 3. Disclaimer that basement area could never serve for legal bedroom use. 4. Legal abandonment of well through appropriate permits via State Health Department. 5. Applicant to obtain permit from City to make necessary alterations to fireplace in second floor apartment maintaining clearance. 6. The property must be sold and retained for owner occupied use only. 7. Second floor apartment may never be expanded by a structural addition to residence. 8. Applicant to assume responsibility to see that appropriate contractors tile for the necessary permits for recent improvements specified in inspector ’s notice. 9. Adequate oM-strcct parking to be provided lor l\so residential units. Ilow many spaces.^ 10. Payment of a SAC fee of $750.00. II Any other conditions deemed necessary by Planning Commission members. Isv CITl- OP ORONO - GENERAL LAND USE AJ-PLICAT^ ^ I j PROPERTY LOCATION 7/ _f CI.'^ Site Address Lti//A/^i>roA^ /fU£ ?S'^9/ Property Identification Number (P.I.D.) /7 Please attach legal description to application if not included on required survey. __ _ __ _ ___ _ _ _ _ _ __ ___ _ Phone (home) iJ l!“ 7^APPLICANT Name _ Address Phone (work) OWNER 35“^*^ _ _ _ _ _ _ city zip (if different than applicant) Phone (home)---------------------------------- Sfiime______________________------------------------------------------— City _____________ Name Address Zip Date I (do) (month/year) PEES - CONDITIONAL DSE PERMITS - $ 50.OC For each variance request with CDP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $2^0.00 Commercial/Industrial Use * • $200.00 Land Alteration •_ .• I I Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. lakcshoreGrading, seawall, retaining walls withxn ,5 o. lakcsnore PRD/PID - see fee schedule Renewal Fee - SiOO.OO (no change trom "j^inal application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other “ see fee schedule PRESiJNT USE OF PROPERTYPresent Zoning District >c Present Use of Property Pesidential Other (specify) DESCRIPTION OP REQUEST . . Describe request in detail: y/Aruti\fy. CO/tf'ifJUC 14bt ^cuAJ£/i. f)LCuPie:J> t>uPLf.X_________________________________________________________ REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Fin^ee_A-603 Governmer. Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Txxpogj:ap:lff*c survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:____________________________________ Date_________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or 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 9./—, 1^,1,Date /93 OWNERS SIGNATURE The owner hereby ac)cnowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature A. ?/U Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building S Zoning Office of this change prior ^o the meeting. August 26, 1993 /) Ms. Jeanne Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay. MN 55323 l_ fle: Conditional Use Permit Application 3599 Livingston Avenue Dear Ms. Mabusth: This letter is written on behalf of Mrs. Zelma McKinney, property owner and resident of 3599 Livings'on Avenue. The above referenced property was purchased by Mr. and Mrs. Harvey McKinney in May of 1962 as their sole residence. At the time of purchase, the house was divided for use as a triplex, utilizing the 2nd story, first level and walk out basement as separate units. The house has been used as an owner-occupied rental property continuously since shortly after date of acquisition. The 2nd level apartmerit has seldom been vacant for longer than the turn around time necessary for cleaning and repairs. The lower unit has occasionally been vacant for a month or so, and is currently not occupied. Going forward, it is the intention of Mrs. McKinney to continue to rent the 2nd level unit and occupy the first level, until such time as she is ready to sell the property. The ability to sell this property for its full value is dependent on obtaining a conditional use permit which would allrw future owners the right to continue the use as owner-occupied rental properly. Since purchase in *962, many physical improvements have been made to the subject property to retain the value of the asset and to enhance thi image of the neighborhood. Granting of the requested conditional use permit will be an acknowledgement of Mrs. McKinney's contributions as a responsible homeowner and taxpayer. A list of the requested attachments is enclossd as are all of the documents relevant to consideration of this request. Please feel free to contact me if there are questions on any of the submittals. Thank you for your time Sincerely. / Gjyle^WcKinney SSsgler Homophone: 439 - 6124 Work Phono: 786 - 9705 1410 Meadowlark Drive Stillwater, Minrwsota 55082 t J I Al (MCI NMC TDCAVCI NMC/AOM (MCI NMC TAM»«YCI NMC/AUM 'I (MCI NMC TAXIAVtl nuc/aomi M 17-U7-2S 3A oOll 02M5 BLAINE AVE VIL Of OIONO MTV or ORQNO M BOX ti CIYSTAL BAY m 55359 M 17-117-23 5A 0024 02245 BLAINE AVE DONALD J FIETLANO DONALD J FIETLANO 4940 VIKXNB DR 0300 NILS »DI 55435 50 17-117-23 34 0027 03430 LIVINGSTON AVE OAOOAIA 0 SEN6ER BARBARA 0 SENDER 3430 LIVINGSTON AVE NAYZATA m 55391 SO 17-117-23 34 0034 03490 LYRIC AVE BAIOAIA J LAGIESKI OAROARA j LAGIESKI 3490 LYRIC AVE NAYZATA »04 55391 30 17-117-23 34 0041 03445 LYRIC AVE N O A 0 F SHERFCR CHARLES B PETERSON 3445 LYRIC AVE NAYZATA m 55391 HCftCPIN COWTY PROPERTY INFORHATION SYSTEM PROPERTY 0»tCRS LIST3B 17-117-23 34 0012 02389 BLAINE AVE R H t N H HARDING ROBERT H HARDING P 0 BOX 63 2394 BLAINE AVE NAVARRE IW 55392 38 17-117-23 54 0025 02285 BLAINE AVE LAN FLORIAN LAWRENCE R FLORIAN 421 CAPRICORN ST MISSION TX 78572 38 17-117-25 34 0028 03440 LIVINGSTON AVE H R LAPINSKI A C A LAPINSKI MARK A CARLEEN LAPIt^i 3440 LIVINGSTON AVE MAYZATA MN 55391 38 17-117-23 34 0035 03450 LYRIC AVE LESTER V HOLENAAR ET AL ALICE SYMONS FROST 3450 LYRIC AVE MAYZATA m 55391 38 17-117-23 54 0042 03455 LYRIC AVE Hal felker HARLAN A LOLA FELKER 3455 LYRIC AVE NAYZATA MN 55391 REPORT NO. PI435401 PAGE 738 17-117-23 34 0023 02255 BLAINE AVE M L OA^KEH AMI BAKKEN HAROLD L BAKKEN 1345 14TH AVE N M NEW BRIGHTON MN 55112 38 17-117-23 34 0024 03400 LIVINGSTON AVE 0 E SHAH JR A J M SHAN PEFfCY L SHAN 130 MOOO DUCK LA ORONO MN 55391 38 17-117-23 34 0033 03492 LYRIC AVE JANE P GROSS JANE P GROSS 3492 LYRIC AVE NAYZATA Ftl 55391 38 17-117-23 34 0034 03440 LYRIC AVE GERALD LEE SIMONSON GERALD LEE SIMONSON 3440 LYRIC AVE NAYZATA MN 55391 38 17-117-23 34 0043 03445 LYRIC AVE B J A K L HABAS BRIAN J HABAS 3645 LYRIC AVE NAYZATA MN 55391 INS I Q C TAXMVtl NlfC/AMM 30 17-117-23 34 0044 03431 LYRIC AVE OEAM N A WJRIEL LATTIN OfAN N A MURIEL LATTIN 1431 LYRIC AVE MAYZATA 104 55391 38 IT-ll’-zs 34 0045 03425 LYRIC AVE KATHLEEN L FINE KATHLEEN L FINE 3425 LYRIC AVE NAYZATA MN 55391 38 17-117-23 34 0046 03615 LYRIC AVE lanrence graham LAWRENCE H GRAHAM 3615 LYRIC AVE NAYZATA 55391 I MM QATt ee/ts/n MTCM 003 MEtMEPIN COUNTY PROPERTY INTORHATION SYSTEH PROPERTY 0»OIERS LIST REPORT NO. PI435401 PAGE 0 5 .V MOO AOOR OWCR NMC TAXPAYER NAME/AOOR M 17-117-23 SA 00A7 00050 AOORESS UNASSIGNEO RAN HARDING ROBERT H HARDING P 0 BOX S3 2500 BLAINE AVE NAVARRE Wl 5S5T2 38 17-117-23 30 0008 00038 AOORESS 'JNASSIGfJEO CITY OF ORONO CITY OF ORONO PO BOX 00 CRYSTAL BAY HN 55323 38 17-117-23 03 0027 03533 CRYSTAL PL PAUL R ANOERSEN PAUL R ANOERSEN 3533 CRYSTAL PL HAYZATA HN 55391 X f ‘ I I IMS K NAME TA)9AYtllmm/Axm pmm Aoon ommn wm TA)9AYIR NAHE/ADM MOP MM fPMII NAK TAXPAYM MAHi/Mm PMP MM TAXPAYM MAHE/AD( IS 17-117-2S A5 0028 0SB55 CRYSTAL RL MAN YOUNG MAN YOUNG S55S CRYSTAL PLACE HAYZATA m 55591 58 1^117-25 AS OOSA 055H LIVINGSTON AVE NARVEY G REDER HARVEY 6 REDER 5598 LIVINGSTON AVE HAYZATA m 55591 58 17-117-25 A5 OOAl 05520 LIVINGSTON AVE GENEVIEVE N E8ERT GENEVIEVE E EMRT 5520 LIVINGSTON AV HAYZATA MN 55591 58 17-117-25 A5 OOAA 055A1 LIVINGSTON AVE R i J PICNA ROMRT H A JEANNINE H PICHA 5950 SEAHAHS DR EHCELSIM HN 55551 58 17-117-25 A5 0032 05595 CRYSTAL PL F J HOSCHINI ETAL DANIEL J RADFORD 12A6 90TN ST E wan GROVE HEIGHTS m 55075 58 17-117-25 A5 0055 05590 LIVINGSTON AVE M ANDERSOK/11 BEGIN-ANOERSON H ANOERSON/8 BEGIN-ANOERSON 5560 LIVINGSTON AVE HAYZATA MN 55591 58 17-117-25 A5 00<*A 05525 LIVINGSTON AVE S PUGH A T SOBERG SUSAN PUGH I TERRENCE SOBERG 5525 LIVINGSTON AVE HAYZATA HN 55591 58 17-117-25 A5 00A7 05551 LIVINGSTON AVE DAVID H REINHOLO DAVID H RFIfAIOLD 5551 LIVINGSTON AVE HAYZATA HN 55591 58 17-117-25 « 0055 05599 CRYSTAL PL HERSEL H lORESTER HERSEL FORESTER 5599 CRYSTAL PLACE NAY HAYZATA HN 55591 58 17-117-25 A5 0040 05556 LIVINGSTON AVE COIN LONG CHRISTIAN D S NANCY LONG 5556 LIVINGSTON AVE HAYZATA MN 55591 58 17-117-25 45 0045 03555 LIVINGSTON AVE PETER F NIESEN JR ETAL m PETER F NIESEN 5555 LIVINGSTON AVE HAYZATA MN r'5591 58 17-117-25 45 0048 03559 LIVINGSTON AVE D lEFEBVRE A L S CARNES DOMINIC LEFEBVRE 3559 HINGSTON AVE HAYZATA HN 55391 a PROP ADM GHNiR NAM TAXPAYER l/i M 17-117-23 43 0049 05577 LI^aNGSTON AVE ELIZAMTN J BALTER ELIZMETH J BALTER 5577 LIVINGSTON HAYZATA HN 55591 58 17-117-25 45 0050 05565 L1VINGST0I4 AVE GREGORY S COOOFELION ET AL GREGORY/EllZABETH GOOOFEUOH 5585 LIVINGSTONE AVE HAYZATA HN SSS91 58 17-117-23 43 0051 05599 LIVINGSTON AVE ZEIHA H HCKirtlEY ZEIHA H MCKINNEY 3599 LIVirCSTON HAYZATA HN 55391 J-i I V ‘I- «JN MTt 9t/tl/n HENNEPIN COUNTY PROPERTY INTORMATION SYSTEM PROPERTY OltlCRS LIST•ATCH MSPiOP AODR OM«R NAME TAXPAYER NAHE/AMR Sa 17-117-2S AS 0055 0S55A LYRIC AVE R 0 RARTELL IKK BARTELL ROLAND 0/KIMBERLY K BARTELL S55A LYRIC AVE NAYZATA IM 55591 PROP AMR TAXPAYER NAME/AOM SB 17-117-25 AS 0102 05525 LYRIC AVE TOM J BAUER TOM J BAUER 5525 LYRIC AVE NAYZATA MN 55591 PROP AOOR OM«R NAME TAXPAYER NAME/AOOR SB 17-117-25 AS 0105 05559 LYRIC AVE KEITH A BERARD KEITH A BERARO S559 LYRIC AVE NAYZATA m 55591 PROP AOOR OMCR NAME TM(PAYER NAHE/AOOR SB 17-117-2S AS 01A5 055B5 CRYSTAL PL EVELYN J LANGE EVELYN J LANGE S5B5 CRYSTAL PL NAYZATA MN 55591 PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 10 17-117-21 01 0150 01572 LIVINGSTON AVE HAK N t KAREN L CUFF HARR H A KAREN L CUFF 1572 LIVINt^TON AVE MAY2*T^ HN 55101 I I OMSR NAME TAXPAYER NAME/AOOR TOTAL BATCH 005 00051 56 17-117-25 95 005603556 LYRIC AVE RICHARD R GILMORE CHARLES LEHIS HEMCE 5556 LYRIC AVE HAVZATA W 55591 SB 17-117-25 95 0105 03591 LYRIC AVE DONNA H LIEN <^Y)NNA LIEN 1219 LONGHOOO ST NEST PALM BEACH PL 35901 38 17-117-25 95 0106 055B5 LYRIC AVE SECURTY BNK/TRST CO TRUSTEE CARNET JUEItLE 5585 LYRIC AVE NAYZATA M4 55591 58 17-117-23 95 0198 03559 LIVINGSTON AVE RAM PETERS ROBERT LESLIE PETERS .559 IIVINGSTON AVE NAVARRE Pt4 55591 58 17-117-25 95 0151 03572 SHORELINE OR LAKE MTKA ANI4UL HOSP INC LAKE MTKA ANIMAL HOSP INC 5572 SHORELINE OR NAVARRE m 55592 REPORT NO. P1955901 PAGE 958 17-117-25 95 005705520 LYRIC AVE J A V NEGLEY JAMES A VICKY NEGLEY 3520 LYRIC AVE N NAYZATA Ptl 55591 58 17-117-25 95 0109 03551 LYRIC AVE N R OOHMEN A 0 H DOHMEN NICHOLAS A DEBORAH DOHMEN 5551 LYRIC AVE NAYZATA »t4 55391 58 17-117-Z5 95 0107 03590 SHORELINE OR EVERARO GEYEN EVERARO GEYEN BOX 69 HOUND MN 55569 38 17-117-25 95 0199 05579 SHORELINE OR R L A 6 H PLAISTEO RICHARD L/CLORIA H PLAISTEO 5579 SH0RELI4IE DR NAYZATA MN 555Vl • y ' A 38 17-117-25 95 0155 03596 LYRIC AVE MIC ;AEL E a LAURA J SNANSON MICHAEL E A LAURA J SHANSON 3596 LYRIC AVE NAYZATA rW 55391 MM Mft 0t/tS/9S I MTCN 001 % i 1 i 1 1 1 I a- • V HENNEPIN COUNTY PROPERTY INT0RHATI0t4 SYSTEM PROPERTY 0I««RS LIST REPORT NO. PI435401 PAGE 10 - CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HE^t«PIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO^^IE BEST OF HY RNOHLEDCE AND BELIEF. / / DATl ^ 4 U I Cai ' *1 t n • - ^1- f \ o ( ( ^ n ^ t:N. f‘ <■'s^ •i** .••••»! *•/ •z- 'i t %>✓ ^ ■ i; : -'•••.’ .>Vv -' •...: 1*’ :-j t*'"L• ••. ■• • *" • ■* * i .r \ *' < : • :X) ^ vX V C l\<• '9 mimv» N I !*•} 0 »4^ T3 N \ \ b • * tk \ ‘O ‘C w ' «- '» «k CD ••o"«-'*J 1 59 »» (Hi! • - . *‘v :'.v -. - • • *■;.. • •' >■,♦ ■ ■■ ' r.c -rh''-- • ••‘•^ <-r^ .-. 1 .-; ^ ,. - •, ^ r, 4 , r*,^’ 4,t,...;v..‘-...-. ■■.• *ii*. •'----^ • .• t t - a V ^ ~ >< o r -N' " f^i .V T6/ o7 7 k' »7? ;T ♦n <* o i m^w t) 00 MO. 03 ^^'^-ebA-W6L^AV€ §: i 3: X % X X\ <v 8i \ V. ^ S ^34^: •34 • ^« •>4 kr^ i m •y •• y • : (i^ ^ " t ‘'^X • * -• > ■ •• "• • * ■■" ' • •' I - - ' ’* Li. •‘A ? - , V' : :. - - ■■ 'i ’y sv^0.y .......... « ►I ^ Z • r' - ' y 3r.. V a3 ^X ^ >*' ly N '••TV*y 3‘ . ’ V* ‘i <y s '< i ^ « . .—.- • — a o- -_. "-----*. «y 3* J *•J*v_ ^ «H 5 "*> - K3 i ^V, . *• H . ,iM.‘ . r - a r r ^ J? ^a 5 . H L,ixa i 1X.5 :J a t* •' ^-IXS _.^.LK1 1 . U • a i* •• H .%■ X »R ns 03 .yr . L.1|^ ^ ♦ - ■* a* <«T) « a » ♦ * i ) - "i- r Ji L<?v a I (4 A I fc / >V1 ^ ^ * ky r\ VIUAGE or ORONO residential and commerc ial BCHD1NG8 POlfOM or lUlLHIlO lUBMi , A ri > *: ooivnocnojf Brick. Solid Brick V«M« CooMRt Block UosiDopUi rOORDAtlON ----------- /A' f » f A.* - ,t' V -iS’a Tfp« b' MU tic TAl vij wnamanamM i* J BsOTVilk PlooriAf Sparing B*<irin9 SiRO Brlig'n^ gmcmot RATTCKS 8M /C * O sr<« csiLitNO loiars Slak^f •Ml k« i Mm oM dlorrAT' NOTUi « .*^ /4 « « •' r i^s. * k>L - Nsj ,: ^iiK-3 *'■< ■" IWi. iLg^im»k> tjLi;2 t,_ Md tdiir? im HWAQC mim B«rAUB IT MnoB ttUiLUlNG PERMIT APPLICATION CITY USg^ONLY BUILDING PERMIT HO. DATE i • ^l' C/m i* L‘ •' oI' . i i .1 ZONING DISTRICT riRE h)NC VAR . c9t COND. USE DATE LOT AREA SITE ADDRESS_ _ LEGAL DESCRIPTION. PROP. ID. ^«* LOT_ PLAT BLOCK SUBDIVISION PARCEL (Name) (Addrass) OWNER (Phona) 7 WIDTH DEPTH PROPOSED SETBACKS FRONT R. SIDE ’■ •‘‘1 REAR L. SIDE LAKl WETLANDS ACCESS HBf EXISTING ___A6HICT APPH, DAI 1? CITY r ; » t stm PI. IASI PLAN RtVlEMBY SEPTIC APF. DATE PERMIT PEESPERMIT I ;■'a iiB.. wi:_J2.i£c ARCHIrECT/ENGINEER~MiiSC CairClEy Multl“FaniHyj ComDafclal & CERT. NO. A/E Industrial Construction Plant t”- <V> BUILDER (Firm) (Address) ^rSi^ ^Jhc^. .if;; (Fhona) i.. (Ad Ai 'Vt ■ o' ■—*.1* TYPE OF WORK:NEW ADDITION CONST. TYPE Residential RCIAL BLDG. SIZE L. W. STORIES GAR. STALLS ATT. DET. BDRM8/FLR B EST. CONST. VALUATION REIKWATr‘':'V>S DOCK •' • - •' • V . -• H.* » * . V .• - • Xr r • -ft* ^ ■ r- • ^a REMARKS f i ..... . ... ^ ‘ - t 4. ‘ -JmV i 1 f * ' ■ . • *h,’ f 4 ' .V/ * .«r \f . !3H*‘-vM:fitA4 iSn^ 'abu .r.^,jtortS;ri^ fAeooiritoarwitb tlw orSihaa of tlia State Palldlfig Codai .faata Md tapraaaotacloot a • /. * * - - .> V - i l®rvV,T7'VV “>:''>• '^ , ■ i V-*.? • *v ’ * * • * g^^r;sr;-v; . •' J fITli j^sJ|s^ ^ ijaiii'iAV* N • ^ INMdPKM Atomaf D WORK Nf QUIfUNO • tCPAfUTf PERMITS - , „ MsmiiiB f a .S^’T ... t-.i*ll>»TtO«l PkUbffttaiO ____________________ vy - V. .: '• - A L. S 3.05 2^2iH spscify tho sinount th©rGof/ th© d©scription of fh© prcmisss served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such nremises in the same manner as other taxes, and collected by the County Treasurer, and paid to the City along with other taxes. Subd. 9. Damage to Municipal Utility Equipment. It is unlawful for any person to intentionally cause any damage to any municipal utility* equipment or appurtenance, including, but not limited to, meters, street lights, water hydrants and curb cocks. Anyone causu.o such damage shall pay the reasonable value thereof to the City, 'including labor for renewal and installation of any equipment and shall be, in effect, * an insurer of any equipment in his possession or with which he comes in contact. 3ubd. 10. Municipal Utility Service Outside the City. The City Administrator is hereby authorized to furnish municipal utility service to consumers outside the City, provided, that such consumers specifically agree to all the terms of the City Code, including, but not limited to, rules, regulations and rates adopted thereunder and the right to specially assess delinquent services, charges and penalties. _ _ _ _ _ Subc. 11. Separate Services. Each separate occupied prooerty or each separate building or occupancy on a single property shall be served by and shall utilize a separate service connection not shared by any other property or occupancy,,including each unit of any townhouse developmejjJi-r'‘"‘'OT^nSfc<^/^commer^ial occupancy under separate ownership, ^^xceptionsj^j^ (1) duplex dwellings consisting of two residential^unibs i« , on one parcel of property, owned by one owner; ory (2) condominium, residential or commercial uses having more than^-uane—owner within the same building,—wjiere the land and/or common areas of the building including se^ice areas are owned in common or by an association; or (3) apartment buildings or leasehold commercial y buildings having one owner but multiple tenants. _ _ y - - -SE^.”” 3.06. ^CERTIFICATION REQUIRED PRIOR TO TAPPING OR CONNECTION. Prior to issuance of a permit to tap or connect a lot or parcel of land wirh a municipal utility, the City shall issue a certificate of compliance with one of the Subdivisions of Section. Any certificate issued under this Subdivision shall provide that in the event of a subsequent assessment thereon tor such utility, the amount of the assessment hereunder shall be credited against the subsequent assessment. Subd. 1. The certificate shall state that such lot or parcel has been specially assessed for its share of the construction of the sewer or water main, as the case may be, that no installments thereof are delinquent or permit fees unpaia. ORONO CC (4-1-84) ^ • • •• • L.* ‘ A ^ ^ ^» ». • .« •» ••».»! EC^W, FIELD a WOWAK SURVEYORS nSBlftfiPiK 1$» HARRUT AVE. CERiriFICATE ®E SE9E1VE7 ,.. Harvey McKinney__________ H UVINaSTON AVENUE 100 , ,^\irov\ Ui Ul m UJ 2: dD la n1m K in 1/1 ^I rt •*< "rts 11.5..\V vVv'* \7.IS I • 1.75 -b •.75J \ S w\ »<»^ V kvxv\ I9.Z 50.35 07• A 0 « To^l ?0.8 #' J rj -iS 3^- 4 N ruE <,•» 5 ^ W VV V X ^20,5 o •J O ^ # in rvi Scale: 1” - 30* ro * fo Description: Lots 1.1 anc Block 4, Navarre eights. to • • • • • •99.7 IfOO W« htreby certify th«| this Is a tr**» and correct reoresent®11 on the boundaries of the land above described and of the •°catI on of a 11 buijd If any, ^nereon, and all visible encroachments. If any. from or cn said • 12D9 EGAN., FIELD A NO^NAK ^ Sur:fC«yor 1 by Dated this 24th dav of _ U. . .A. I 17HQ W b| r^T •• • / *“ • •vf;-^:-.- /.- ••. ■ * r i * • . \ • • • •••. • i • • 9 ..•".V i ilw v.Vi;-i..:.T; • • • '>!•••«•• '^1 •» * * i • •f.r*'.' - 4 .. . •i.'- vr. •- . . 1 '; . . . V . .. • . , • ■ *.• .' . . < •• • * • •- * • • :'. V. t ' • -• ••% • } > ■ * V.Ti.rT • ' »,•% r*- %. a u; -'v* .V '*--. .' . »^:r ' '• • • . ^• •• i#a n,iiwii>'t >• »' VILLAGE or OHONO ORDINANCE NO. 45 An Ordinance to Amend Section 30.030 of the Municipal Code. The Village Council of the Vil­ lage of Orono Ordains t« follows: Section 30.030 of the Municipal Code IS hereby amended by the addition thereto of the following sub-sections; (3.) There shall be no dwell­ ings for more than one family upon any lot or parcel of land, and there shall be but one single family dwelling upon each lot or parcel of land. (4.) Each structure to be used IS a dwelling shail be set back ..•om the street property line, or lines, at least 30 feet, and distant at least 10 feet from any side property line, and side or rear street; and any structure irre­ spective of design or use shall not be closer tnan 10 feet from the property line. This shall also include barbecue pits and sinulai* types of construction not com­ monly referred to as structures; provided, however, that if a struc­ ture to be used as a dwelling or commercial building is to be con­ structed or moved onto a lot ad­ jacent to other lots upon which there are existing residences or commercial buildings, such struc­ ture „hall be so located on said lot in .reference to the street property line, or if the lot is a lake front with reference to the lake front line, so as to conform generally to the building line of the residences or commercial buildings on such lots. l5.) No private garage sha’> be located closer *han 30 feet to .‘he street property line, nor clrser than 10 feet to any other adjoin­ ing property line. Where the topography or use of the tract or parcel of land prevents such location, the Village Council may authorize, by special permit, other location of such garage. Section 2. Publication: The O'-dinance shall be published in the Minnetonka Herald at Way- zata, Minnesota, and shall be ef­ fective immediately upon such publication. Passed by the Village Council of the Village of Orono this 27th day of August, 1962, by a vote of 5 yeas and no nays. H. R. Ross, Attest: Mayor. Donald J. Boll, Village Clerk. (8-30, ’62) ----------------------r# ie* - -- •• . • • .i**- ♦ ^ * •• t- > 1 .. ^ * ■ ■ ■t ...... 2. . - • c :; *.*■* «i W*-** ♦ ‘U » '•-• - fc »** ..«i..ii*.. * A — »-rtf . 1 ir 31.100 municipal code of orono lareed reconstructed or altered, and no structure or land shaU be for any purpose nor in any manner wWch is not m conformity with the Zoning C^e. ___________________ ________________ 31,100. Non-Confonning Us«. Any land or buildings w^ch were actually and legally devoted to a non-conforming use on March 10. 1M7 may be continued in said non-conforming use pursuant to con- diUonal iw permit granted pursuant to, subject to the foUowiug regula- Uons and such land or buildings may not be: 81.101. Changed to another non-conforming use; 31.102. Re-established after yoluntary discontinuance of said use. such discontinuance having lasted for at least one year, 31.103. Extended in area. Si.104. No “junk yard" may continue as a non-conforming use under any circumstances. _ _ «1 lift Annlv to “Uses" Only. The non-conforming use provisioM of .p^ronlrfo the « ^ which |«d .nd ^d- SScS^eJ lot size or ocher factore not involving the nrevent strict conformance with the requirements of the VlThere. however, such a aituaUon existed legally under the law. the CouncU wUl not unreasonably require stnct , generaUy look with favor on granting of a variance under 3.-.300ff. 31 *’00 Exii.tiuc lx)ts. A lot of ncord existing upon Sept. 14, (the ewSive of the Zoning Code) under in a “R” ResidenUal District, which docs not j the Zoning Code as to area or width may be utiliz^ of^e council detached dwelling purpose provided that . Sinele sep- luch use does not adveniely affect pubUc health or arate ownerahipfl Includes joint ownership by not more than pc 31.210. One Building per Lot Except in the case of Planned^R^ 1-1-68 # * • • ••• - •• • -1. ‘A V f ____a iiiiji.»^iiii, I W'.: u i-’f! ^ 1 1^5; ■;«: H:’ «a*4 eroviiior. to onv ojthor property# buildiim or ttrueturo not ipocincally includod in tali judqmtnt. K'l tOrd. 172. lt-l»-74, «ff«CtlV l-l-li „,.’U!^Uv^l5^S^7«S8i "ir^ss.l.sa'irsiiss,":^ 'ioi. ■"{Anondoi Ori. 172, 12-l>-74, offoetitfil-l»7$) ^ t Tht r.cr.-conforrine utt BUiy not bo chonpod to onotho: •• Ok ^ ^ tiSC • •A •% t • • ^ %• W dft • •• • •• W w • W • lAr.or.i*5 i::. offoctivt 1-1-75) slalfsSiSsSS^ kc-itjor • foAturtf ottochoi to tho ot.-uctisro or locotod ;.r«r.2«d 3ri. I?:*. i:-i;-74, tffoctivo 1-1-75) *.• an-- r.tr.-can^cminc u»o of ony ttrootaro • •• •-i**-* •- a*-- diftrict h«# boon chaneti to a conforninet uao#:: -thS^laftor be tnanood ar.y^.-.on-c .nforninr uao. .'Arar.5*>3 Or::. 1*2, i2-A?-#4» a.-octiv# - • *i) tr * •‘'r ’r*c-.ovcr a iav.'fai ntn—con^ersino atructuro abail r.»-'*'h*ir by fir*, flood, o**.©,^ fist aovir.t-.-fr-t nerront ni\i or aura of ita fair a»*«•.«*. tr. t.tf aa»•aal^a^.t rocorda at tho tteo of daaato# cn*o t;.o w:;t:o thirocf ai-.all bo dofioliahod, •JJJ_®2ovialona t‘.oroaft*r fhali bo for a uao in aecordanco with tho proviaiona W.;niod“ord. 172. 12-ia-7<. offoctivo 1-1-75) bo racoaatructad aad aaad aa boforo 31.1C5. Khanovor a lawful non-conforaiao ^ or la.-.d ia niaeontinuod and ranaina diaeontiiwad for twalva {12 f r«ntha. anj* futura uaa of aaid atrjetara •hall bo In conformity with tho aroviaiooa of thia lord. 172. 12-lf-74. offoctivo 1-1-75) •tructora aariod of load n.lOi. any lawful non-conforaiino oaa of a ftructjro. and anj* lawful non-conforaina uaa Inoolviof ,r«v ^ v;:^' -,4^ JW : a#'. ' P':mif I.' \ f Wt ■ M'-j’milmm mM i f '>4, 4-^ ' , V 7 iiH M ;>■ t-. y •■Vij ikV- i .i ;j A-f ;v li- -1 ^ IS v' srsK s“«s usq^'?.'.5sr^sis.is.2; ssrsji cei»(oniiit9 »•• •h»ll «••••» «nl«»« brought into eenforaity with l-l-«) J1.107. My p»?5?!!f ‘‘"f*!!!: sfsi: r^ii2Sr«2i!^*2:^-----but for whieli o buUding P«nU.ib2SS'l52?SJy^m2«Sr2or. «h.» .i« <•» -»««. prK to tbo offoctivo dito of tH4i xoninq Codo, ooy bo ^plotod ^ ri« f«» aSnthS « thToffStivo data of thl» toniao Cod*, and SSStiaiarto eowXatlon -Ithln two (J) yaari. «ueb attuetuta and ttoo iholl thorooftor bo o loqolly oxiotino non-conforoiny a«a<«lva 1-1-75.i<'A, «oaJklnVo.1Suta?»Tt:S;»l 4«0iu4ijta RAeAxoory non*obrucburol ropoiro ood iocidooboX oXbor ! ii-2 XXaXOf. AXborobiOAO aoy bo ^o be *. XowfttX aon-confo*oino rooidoobUX ^ - ^■bor of dooLifif i^i?*,Ord. 175. afSa«iva 1-1-75..xxxfif oBibi >lt-74< afSi ®Sil -r.j be bho 000 be* olUeb Ided lavolvlnf tha aaa a* tha psaiUaaa pt^^t attlrt *J?*22!**oBob with tha ratpiiraaantt of tha tonina Coda, jmjwa, hoaaato# a aituation axistad laoally undar tha prior a ppllcabla l^ w . Coonetl aill not onraatonably ra«nilra atrlct eojjrtianMMB w»*» aoaorally look with favor on arantlna of a varianea andaa »».*aax V' . Y .. " « Ji .5., Oeoaby# Hloeooobo# prior be Joeiiory X# Xf^S# ood orbor mwm ■ lLiandad*Sd?"57lt^lUl*^T!f^foetiva 1-1-75. A lot of iobiae ttpee Jomiory X« xoto ^ ibiio orroeoxyv o««v ok «»*• *4^A?b^Codo>^ ^ob eiiif lo ooporobo oonorohip in oa ••• Oiobricb, ohicb dooo da«o2^”‘*itHW*ifiJua: £to”f‘s;-.s;K:eodii - ■SliSi'A.V i -• 7 'i-.i V 4.' : = <•, ,.M . •. '• • • • »- 73 •'•' V • * '-T^’ "4 ^ • *. , X •- •’ -7 V .- o. ■■■■ -i. .'.n,-'. .'“v^flffc' - V.MU- : i ^ ^ T' ^ \y r»^7 ^ t^m LiJt. S-:*^ ^OlpV^ M--: ,-^ RV* * • * ‘ f ^1 ^....^iikgai E»i ■ liiHPli' f h^i ipm-! M if ssf|i m 9%ptmb9t f« Iff) City of Ofooo Mint City Coooeil ifIf lolloy forfcooy Orone« Ml Coot Cooneil IMbort# X m iiMblo to ottoiid tiM coimeil 000x1110 on Soft. X)« 00nto on itoo 7, fll<f« total NeKinnoyX la ooniiof yoo ayXfff tioinyoton too. X hivo toon tivlnf in thin noiyhborhood for tho loot i)X kaov ttot total Im boon rontiny ooi airt of bor t of yoiro* Tho fiiti thit oho nio IMVO boon yofOiMbto# yolot# io4 hioo hotpot hor hoop hor fsrhit tioiny thofo •loon mi volt tihon 0110 of. m hioo not hit my piobtwith hot toaninto in tho plot. 1 haoif tbit total ii ptinniiy to pot hor hoao op for into ii tho mt fotoio. Mr eoicorn in ittoviiy thin to bo lottm 1 tifloi it tbit tboro in 1 )rt ippirtaont in tho booio« tbit 11 iivootor oitt porehioo thioitmitt tioiay tboro iny aottipto tmmt w boo tony tboy oilt • wmm m9mm waa* wm »n ««« «k tbOTOf 'it Boiltoiloti io tboro iiofottt porhiiy for to tbit lioo thorof (tioinyotoi ovo io 1 ooiy airii m o oomor tot. Tboro ioto pifb oiioiy into a lift otpto.boat to fot imy f roa tbo ippormoit H hovo 1 lioo noiybborbooi lit yirto for tho aoot port.t troffio foiot» thoro io not itot of troffio* Oloooo hoop thio in aint in piofor thio to bo 1 oinyto f tiny your tooiiion. Ho woolt ity beat for 1 fotoro boyor. liiooiotr mt uoi *•HHl it lot foot tbit tbo noiybbofbaoi oboott bo tbo ooty foliaiay tbo ooaiooaoioo of tbio proporty. t.^ 4;:l „. ' " ,4.I iftiifiiirt'iiiTii 1lfi V.ii .•«V- vV iteik N. PIBLD A NOWAK muwwows 1 W,.'’ « uy CMfmCATI Of tVKVIY IHT-il' UVIN6ST0N avem;je •: 1" - »* -i ^ OMcrlpttai: t«lt II «l 12, IM 4» HtlAit.# . ■■■» f •5- '- ■Mm fen .:>• .4 1 i * ^ * •kf «w>tllf tMi tula ia • tr«« «M Mrm* f»r aaaatatlaa^^^fSSiSIJi aaSarlaa if ttm iaaa aiaaa aaaarIM aa< *f**i*?.****Lft*!^^4 * faaraaa, aa« all vlaliia aaaraaatMata*.M m» »«• ^ • •••• •f"** m.J!K -4 r^' / -risii 1 "liiiliir'itetf rf ‘ N '' O,,, o\ II -^fresHO'^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 205^ A RESOLUTION RF-ISCJ NDINC, RKSOt.UTION NO. 2193 ADOPTED ON JUNE 8, 1987, AND RESOLUTION NO. 961 ADOPTED ON DRCEMDER 18, 1978, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 10.03, SUBDIVISION 5 (J), OF THE ORONO MUNICIPAL ZONING CODE REIJVTING TO A BOAT SALE*/NAUTICAL SHOP AT 1960 SHORELINE DRIVE, ORONO FILE NO. 1497 WBEREAS, Smith's Bay Marina, Inc. ("the applicant") has made application to the City Council for a conditional use permit under Section 10.03, Subdivision 5 (J), of the Orono Zoning Code to allow a boat sales/nautical shop at 1960 Shoreline Drive within a LR-IA, Lakeshore Residential Zoning District located within the City of Orono ("Orono") having the follow!, g legal description: Lot 2, Block 1, Tourangeau Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, a conditional use permit was issued pursuant to Resolution No. 2193 of the Orono City Council dated June 8, 1987, which permitted a boat sales/nautical shop and contained conditions applicable to said property; and WHEREAS, the City Council has considered the advice and recommendation ol the Planning Commission File No. 149# and the effect of the preposed boat sales/nautical shop on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values <if piof>#*iti<r in t hi mi i t cuind i ng ciica, tlie eff»''t of the use on thi' Coniprehonsive Plan; and WHEREAS, due to changed cl rcu.’»stances relating to the level of Lake Minnetonka during 1989 which caused applicant no to operate a boat sales/nautical shop during said period, amendments to the conditional use permit issued pursuant to Resolution No. 2193, the conditions are now necessary; and WUERBAS, the City Council finds a boat sa’ss/nautical shop is a seasonal business; and WHERFAS, it is the intent of this reso)»tio». to rescind in Its entirety Resclution No, 961 » dopted Deceral>et f Page I of 5 0 // aO O' f w >«/ CITY of ORONO ■s ^ t I! i?SH O'’- RESOLUTION OF THE CITY COUNCIL NO.29 5 3 WlIERKAo ,. .. .. it is the Intent of this resolution to continue nncl reszate certain conditions of the permit granted by Resolution Ho. 2193 and to add the amendments now required, and to consolidate all conditions applicable to the subject property in this Resolution; and WHEREAS, the contents of the Pletnning Conunission review and recommendation File 1497 are hereby entered into and made part of the public hearing record and the record of decision for this application. CONCT.DSION NOW, TUERBPORK BE IT RESOLVED, based on one or more of the above Findings that Resolution No. 2193 (Resolution No. 2193 filed as Document No. 1870061) is hereby rescinded and replaced by this Resolution which continues and amends a conditional use permit to the subject property for the purposes of f boat sales/nautical shop within the LR-IA, Lakeshore Residential Zoning District at the location described above based on the following conditions: 1. That the property described herein may be used * boat sales/nautical shop, so long as applicant commences to operate a boat sales/nautical shop by April 2Z, lyyz. 2. That the boat sales/nautical shop be open and operatin during the seasonal period businesses of a ^^ are open, including the period between April thro g October 15 of each year. „ z'iv, vr ; r. u;r,:;:v ™I .r.r.; four days per week, excluding legally recoenized holidays, during the hours between 10:00 a.m. and 6.00 p.m. aOer8!oo ”;.r.':‘’on VdVy" nfgitl! prSxi™it°y'’to residential properties. 5. That applicant shall *“^nierorlse° sustain the business as a experiencedApplicant shall employ staff knowledgeable and experiencea in the business of boat sales/nautical shop. Page 2 of 5 0 /• // /fo o< ‘-'M.'V'-. &:■- CITY of ORONO •C RESOLUTION OF THE CITY COUNCIL NO. 2953 6. A buffer landscaping and privacy fence shall be maintained in good repair along the side yard adjacent to 1950 Shoreline Drive. Landscaping materials shall be replaced as needed or required by the City, and said privacy fence shall be maintained in good repair. 7. That no plantings shall be placed within County right- of-way or grassed buffer area adjacent to Spates Avenue and Shoreline Drive. 8. That applicant work with City to pro^'ide and maintain appropriate natural screening adjacent to lift station and within rear yard. 9. That applicant provide approved parking pursuant to Parking Site Plan, herein incorporated as Exhibit A, to provide eight passenger vehicle parking stalls and seven spaces for boats as follows: A. Spaces 1 thorugh 4 limited to boats not in excess of 25 feet - no masts to be installed; and B. Spaces 5 through 7 limited to boats not in excess of 20 feet - no masts to be installed. 10. That signage shall comply with City ordinances. Lighting shall be shielded from all lot lines. Fire lane shall be posted with signage approved by the City on east side of buiIding. 11. Thai applicant in no way connect, combine or otherwise 1 T) t c* r r o 1 a t o t oporatir^n its boat ca op Applicant's property shall not be used for marina purpose. 12. That authorities granted by this conditional use permit run with the property, not with the applicant, but are permissive only and must be exercised by April 22, 1992, or this conditional use permit will expire on said date. 13. That violation of or non-compliance with terms and conditions of this Resolution shal 1 * violation of the Orono Zoning Code, shall ^ terminate any authority granted herein and shall be punishable as a misdemeanor. Page 3 of 5 0 o 'V ’:.CITY of ORONO /*»// RESOLUTION OF THE CITY COUNCIL NO.295 3 14. That applicant apprise themselves of all applicable provisions in the Orono Zoning Code relating to conditional use permits and non-conforming uses, said provisions are incorporated by reference as if fully set forth herein as Exhibit C. 15. That this Resolution shall be effective upon applicant's execution of an assent, attached herein and incorporated by reference as Exhibit B, and payment to the City for all expenses the City has incurred as a result of review and approval of this* conditional use permit. general provisions 1. In the event any condition stated herein is declared invalid or unenforceable by a court, such invalidation shall in no way affect the validity of any other condition in this Resolution. 2. Any failure by the City to enforce its rights or remedies in the event a condition herein is violated shall "ot be construed as, and shall not constitute a waiver of, the City's right to enforce its rights and remedies hereunder with respect to that particular violation or any future violation. Apr/Ll Adopted by the Orono City Council on this 22nd day of , 1991. ^ /n - lalliti. City Clctk Barbara A. ruterson. Mayor CjtA Ji(SQ Property Owner Is J — V*vc;'3i<de?r?f~‘ Page 4 of 5 0 ______i CITY of ORONO RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) NO.2953 ss. The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A. Peterson & Dorothy M. Hnllin, Mayor fi City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VF.E notary public - MINNESOTA HENNEPIN COUNTY My commissir^n 6-12-96 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this lA 199 / before me a Notary PublLc within and for said county, personalTy appeared pnT?li _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to rie to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. X" ^ . cS..:-. 0. J ■«" .V- .'.a •"-■ ‘".'Sr'' ( iX uip^ N(>TAKY PUHI.IC -C t t11 ' STATE OF MlNtJESO ’lA ) ) ss . COUNTY OF llKNNt:PTN ) On this day of __, 199 __, before me a Notary-Public wiUiin and“f or said County,' personally appeared __________________________ known to tTTc per8on(s) described Tn and w?To executed the foregoing instrument, and acknowledged that he (they) executed the sane as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 0 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION «2953 I Dorothy H, Hallin, City Clerk of tne City of Orono . Hennepin County. Minnesota, do hereby certify that I have compared the foreKoing copy of a resolution of the City Council of the City oi Orono with the original record of such resolution in the Minutes proceedings of said City Council at a meeting of said City Council h» 1 on April 22 _ _ _ _ _ _ _ _ _1991_ _ _ _ _. and that the sane is a true and correct c^p~y of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof. I have hereunto set my hand and seal this 11th . day of June_ _ _ _ ___ _ _ _ _ _ _ _ _. 19_^i- - -• (SEAL) / rv» / Kxlilbt A .V- ...........---------------- '. . - ■■• I. p fc... f' % I '9 * 4Sm^ t • :Ava'i>V ■vV-'x AV a VVAW4>.\"X A'.%?.\'vS'!asy\v c >v)SS ^1 "W§ V ' . * _ At . *— ^ If • *• * lVAt‘ VAV w ---r'-^v«r* ' 4* 'Af: ['ii -%%J>y ;xA --^.•' ■ Si;::! •■' •A *—H •» 54*^'^^**? LiJCo r ^ V W MJ t / r t ’* ’^7 »*’‘^f T * ^ y • ; • ' ■j\ r^'‘\ ff ' •■"'Ti'-'V-T; •lYif-'?';-jy-3p '#r;’ 7£rr v. -'.d '3ies ‘*Av©nue RESOLUTION (?295 3 EXHIBIT B ASSENT OP APPLICANT File No. 1497 I960 Shoreline Drive The undersigned hereby assent.*? to the following. a.I have read the conclusions and conditions of this Lsolution No, 2953, and I am familiar '^"‘^the stand their contents and with the content of the exhibits. b.I have been represented by counsel in matters relating to this conditional use permit. I fully accept all of the terms and conditions f^id Resolution on behalf of myself, my heirs, succ ^ Ld assigns and hereby agree to ^ Resolution in the chain of title of the property. d.By herein accepting the Resolution, I hereby waive 9 future relatingclaim against tha City, now or in raiat. g to condi^tlors placed on the use of said property. e *I will in no way attempt to circumvent ‘he conditions atated herein relating to „s with falling to adequately stock said b • rpcivired merchamUue and inventory, orhours of operation during ‘he defined seasin , failing to employ staff to operate said business. f .I understand that as^ follows^ Orono Municipal Code provides, P i:ith^'’e\\h^’':f‘’‘r^lpuct^h-"p- Zoning Chapter. B. A conditional - or ;;;°b\*",^*an?:S S;br.ort1,^°u%!;U:drtlo’ns a. th. councu may prescribe. Page 1 of 2 h. 1. RESOLUTION s:9S3 C. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this Section shall prevent the City from enacting or amending official controls to change the status of conditional uses. I understand tnat the granting by the City of this Resolution is in reliance on the representations that i will fully comply with all of the terms and conditions of said Resolution. I understand and agree that upon notice of non-compliance with any term or condition^ I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. Failure to comply within ten days pursuant to any notice provided by the City shall be deemed as voluntary abandonment of the conditional use permit for the property located at 1960 Shoreline Drive, Orono, Hennepin County, Minnesota. Acceptance of a conditional use permit issued by the Orono City Council is deemed acknowledgement by the applicant that applicant is ^ ^ applicable provisions of the Orono Zoning Code relating to conditional use permits and non-ccnforming uses, said provisions are attached as Exhibit C, incorporated by reference as if f'lly set forth herein. Gerald Toberman,Applicant Dat / STATE OF MINNESOTA ) ) 88. COUNTY OF HENNEPIN ) On this before me appeared day of a Notary Publ^ within and for 0* to hm the Derson(8) described ary PublS within and fJr county, personally 199 /T? Xn who executed theknown to me to be the person(.# —(th«v) executed foregoing instrument, and acknowledged that h y the same ae his (their) free act and dee r. .'A 72 d notary public 7 isSM RLSOLUTION EXHIBIT C J r\ n •; ^ u » 'J ■J S2C. 10.03. G2NERi\L PROVISIONS. Subd. 1. Minimum Requirements. In their incerpreration ^ or-' the provisions of the Zoning Chapter snail be held minima™ for the promotion cf the oebUo health, safety, morals, and welfare. Subd 2. More Restrictive Provisions To Apply. the conditions* imposed by any ,fi^fit.e'"than com>rabi; either more restrictiv Ci^v Code orovision, statute, conditions imposed ^ are 'ftffesTrlctTver^t wVich ilpos^e hi,h« stenda-rds ot tequirenenta shall prevail. Source: Municipal Code Effective Date: 9-14-67 .eqaue.e^t^r- t^'’/C^t.^ncri! permit, or other P®*^^ ^ ^ "^^^^he City Code mav be denied if the wherever or whenever ^ot^comoa^tible with the intent and proposed ^^^V°u/sarfaL water Management Plan, the Stor*: Water provisions of th6 S , i^n^kc poI irv Stat6^snt oromux'^aut^d bylun-Oti and Shoceland Guidelines Polic/^Staten^eji the Lake Minnetonka Conserva nolicies adooted* bv the City, governmental "^“Ihtions,^ statement, other applicable governmental Three copies or the .^-„led bv ch** City shall be narked iroJlS^^o^preran^merilar^^u^ra^^^^^ in the City Hall. - Source: Ordinance No. 172 Effective Date: 1-1-75 subd. ^ P'°V‘’‘'‘°"\tructure%ru\%“a';y strucTrro; ••nlarge, reconstruct ot alter any „i,ich Is not in conformity land for any purpose not in aiv, mamcr with the Zoning Chapter. .. • rtoAC! Anv land or buildings Subd. 5. t‘o a non-confor.uing use on which were actually in ?-id non-conforming useJanuary 1, ^^^5, may be cont.n^ed in ..ereinaCtei pursuant to conditional use specified. A. The non-conforming use may not be change to another non-conforming use. B. Sothing I" (4-1-B4) ORONO CC 251 KcSOLUT.ION EXHIBIT s 10.03 I, Alterations may be made to a building containing lawf\il non-con£o"rraina residentiai units when they will iiiiycove the UvabUr°y thereof, provided they will not increase the numoer of dwelling units or bu.ki< of the buiiding. Source: Ordinance Mo. 172 Effective Date: l-i-75 J ADDly to "Uses” Only. The non-conforming use orovisions of the Zoning Chapter apply only to the use to which land and buUdin,s are put, and do not ,^‘/;Va ‘="ors not Location or height of structures, lot size or other <n«oiVina the use of the premises prevent strict conformance with involving tne use ^ however# sucn athe requirements of the raoning Chapt_r. he. ' , , " , existed legally under the prior applicable tne Council* will not unreasonably require strict compliance . generally look with favor on granting of a variance under Section 10.08 . Subd. 6. Lot of Record. A lot of record is any lot for nr reaistered land survev has been recorded in the o%^\-=eVf*the°L;?s\eVo' oaeds or th^e Registrar of Titles « Sennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if requirec. Source: Municipal Code^ Effective Date: 9-14-67 A Existina Lots. A lot of record existing upon ,«,c 4 ,V -g- ni«t-ict. which does not meet the January 1, r, , rsaocer as to area or wi. th may be ^^;>l^VeT7oV a°^rie “Ta^ly;5 -d dw ,U :?f%^t^VdU=’trith^rsa^^%yn “n/^^/“fo^^ requirements are met: ‘Source: City Code Effective Dal'?: 4-1-84 1 In "R” Districts of One Acre or Less and - A int of record existing upon the With Public Sanitary Sej^er. pw,Dt«r in any "R" District or the effective date of this ^ ^ which lot is ‘serviced by City of up to and lud mg one ac. ., the requirements of pubric sanitary sewer and "°'onlv, -a? w’^llUed for this zoning Chapter as eposes without Council approval single family decached dwelling P within eighty if the area *®«**'^^*®*”^*, *”*i.nta "of this Zoning Chapter. However. ?r.To't 'o"e';.corr.ha*l ‘’l n"rsi .or. intensely developed uni... QRONO CC 253 (4-1-14) w • ^ ^ A ^FXHTBIT C !> ; C r; -SOLUTION »2953 Subd. 3. Conditional Uses: Application. Whenever this Zoning Chapter requires a conditional use permit, an app i icaticr. therefor in writing may be filed with the Zoning Administrator together with such filing fee as may be established by the Council and shall be accompanied by a site plan and such inrormatior. anc showing as may be necessary or desirable, including, but net limited to, the following: setbacks noted. A. Site plan drawn at scale dimensions with B. Location of " ’ 1 buildings, heights, anc. square footagu. C. D. Curb cuts, drivewuys, parking spaces. Off-street loa-^ing areas. by shift. E, Drainaga plan. F. Type of business, proposed number of employees G. Proposed floor plan with use indicated and building elevations. H. Sanitary sewer and water plan with estimated use per day. ^ lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance light. ORONO CC 268 (4-1-34) • • EXHIBIT C RESOLUTION »2953 5 10.09 Subd. 6. Conditional Uses: Granting of Permit. A. The Planning Cornitiission may recommend and the Coancil may grant a conditional use permit as the use permit was aooli^ toz oc in modified form, if on the basis of the application and the evidence submitted, the City makes the following findings. 1 That the oroposed location of tne conditional use is in accord with the Chapter and the purposes of the district in which t located and Comprehensive Municipal Plan; 2 That the oroposed location of the conditional use and the proposed condition health, safety or welfare,, or materially injurious to properties or improvements in the vicinity; and, 3 That the orooosed conditional use will comply with each of the*fpplica-ple' provisions of the Zoning Chapter. B. A conditional use permit may be fevokable, may be granted for a limited time, cr may be granted subject to such conditions as the Council may prescribe. C. A conditional use official controls to change the status o c D. A cerUfied copy of »"/ o\ TUlSf^of shall be filed with the County Recorder or “«eiS^^J^ord* the county or counties \n • ncLude^^the legal description.*ofThe conditional use permit shnll Ancluoe tne xey thfi property included. Source: City Code Effective Date: 4-1-S4 subd. 7. and“ln'datri! Council shall set forth jw. coi^itlonal use permit eppll-all the reasons for the denial of the cation. No application *: cesubmitted for a period oC six denied wholly or in pact shall except on grounds of new months from the date of conditions ^cund to be valid by theevidence or proof of changes of conditions ..v.un« Planning Commission. goufce: Ordinance No. 172 Effective Date; 1-1-75 ORONO CC 270 (4-1-84) EXHIBIT C RESOLUTION f?2953 5 10.09 terniinate the existing conditional use permit. upon termination of a conditional use permit, the Council may allow the former conditional use permit to continue for such period not in excess of one year as may be required to provide time to move or otherwise relocate in a zone where suc.h use is permitted. Source: Municipal Code Effective Date: 9-14-67 Subd. 12. Unlawful Act. It is unlawful to violate any condition of a conditional use permit. Source: City Code Effective Date: 4-1-34 SBC. 10.10. GENERAL REQUIREM.^NTS. At any time after the adoption of a land use plan for the City, the Planning Commission, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the Council with its recommendations for adoption. Subject to the requirements of this Chapter, the Council may adopt and amend a zoning ordinance by a two-thirds vote of all its members. Subd. 1. Public Hearings. No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the Planning Commission or by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City not less than ten (10) days nor more than thirty (30) days prior to the day of the hearing. When an amendment includes changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice nray use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. Subd. 2. Initiation of Amendments to the Zoning Chapter. An amendment to the Zoning Chapter may be initiated by: (1) action of the Council; (2) a recommendation of the Planning Commission; (3) by petition of the owner(s) of their or adjoining property, the zoning of which is proposed to be changed. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon QRONO CC 272 (4-1-84) /oTo:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator From: Date: Subject: Jeanne A. Mabusth. Building & Zoning Administrator COUNdLMSnNB OCT J 1 1993 emroFOBONO September 30, 1993 #1861 Jeffrey S. Leech. 720 North Arm Drive - Variances - Resolution Brief Review of Application Tiu. annlicant secks multiple variance approval to permit the installation aie. w.ucw.y.. I. » now has excessive structural coverage cune hardcover would be reduced to 23.2% •me Ptaming Commissioo reviewed the physical cheiMteriaics of M width at the SOM y»ri. ^ «“ " ^ J3; away (L. -ree. bee«« of gemle aloped Z n-jor land “»«•« Potio" of was 29’ from the :^?rvt;e. that with the from site. The Planniiig Commission recommended »l^°*»|_°f applicant working with stoff to unpiove drau^ JL-d the application based on the fact that ciLon of one approved the garage enclosed additional hardcover improvements should have been requireo oi «iv resolution has been drafted per the Planning Commission recommenda A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 13, SUBDIVISION 14 (C) AND SUBDIVISION 15 (F> AND SECTION 10.22, SUBDIVISION 2 FILE NO. 1861 WHEREAS, Jeffrey S. Leech (hereinafter "the applicant") is the owner of the property located at 720 North Arm Drive within the City of Orono and legally described as follows: refer to Exhibit A (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 13 and Subdivision 15 (10 to permit the installation of a new foundation beneath a detached garage located 1 ’ 7" from the street lot line where a 30’ setback is required and where garage is located 1 ’ 8" from side lot line where a 10 ’ setback is required. There exists an excess of structural coverage of the property which exists at 24.5% and is proposed at 23.2%. A variance to Section 10.22, Subdivision 2 is required as proposed improvement is located in the 75-250’ setback area where 2,381 s.f. or 54.6% is proposed and where 25% is allowed and where 2,385 s.f. or 55% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesou: FINDINGS 1. 2. This application was re\icwed as Zoning File #1861. The property is located in the LR-IB Lakeshore Residential Zoning District requiring 43,560 s.f. or one acre in area. The property consisU of 8,010 s.f. or .18 acre in area. 3.The Orono Planning Commission reviewed this application on September 10, 1993 and rerommended approval of the proposed variances based following hardships and unique findings: Page 1 of 6 5. A. The property consists oi' 8,010 s.f. and is subject to current one acre zoning standards. B The lot is 50 ’ in width at the lakeside and to the south or street yard, the lot measures 40 ’. The garage could not be installed on the property with doors facing away from the street and provide a turnaround on property. C.The access drive to the property is a shared drive with property to the immediate north. There are steep sloping topographies at street side of lot. The floor of garage is locat^ 6’ - 7’ higher than adjacent grassed yard. E.The foundation of the detached garage is in a serious state of disrepair and structure has not been in use for several years. F.The 10’ X ir shed to rear of structure shall be removed as a result of these improvements. The City CouncU finds that the conditions existing on this prop^ are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial pn^ierty right of the iqiplicant; and would be in keeping with the spirit and intern of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the iqiplicant and the effect of the prqxiscd variance on the health, safety and welfare of the community. I^ge 2 of 6 J CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variances to Municipal Zoning Code Sections 10.03, Subdivision 13, SubdiviskMi 14 (C) and Subdivision 15 (F) and Section 10.22, Subdivision 2 to permit the installation of a new foundation under an existing detached garage located 1’ 7" from street lot line with a setback variance at 28 ’ 3" or 83% and T 8" from side lot line with a side setback variance of 8’ 2" or 82%, and excess of strucniral coverage at 657.5 s.f. or 8.2% and hardcover variance at 29.6%, subject to the following conditions: 1.Applicant shall work with the Orono building staff to make any necMsaiy gride changes to provide positive drainage in conjunction with installation of new foundation of garage and paving improvements in street yard. 2.Authorities granted by this variance run with the property not wWi die applic^, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). 2.Violation of <mt non-compliance with any of the terms and ctmditKms of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 '4- i Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 1 1th day of October, 1993. Tf * EXHIBIT A Existing Legal Description ;sr K4!.of a straight line drawn through 2 points, ex- tending Northeasterly to the water line, 1 poin being in the Southwesterly line of said Lot 3, 40 feet Southerly, along said line, from the most Westerly corner of said Lot, the point being 50 feet distant at right angles southeasterly from the Northwesterly line of said Lot, measured from a point westerly line of said Lot distant Northeasterly measured along said line ® most. Westerly corner of Lot, offiL plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Page 5 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public withinand for said county, personally appeared -----------------------------------------— known to me to be the person(s) described in and who executed the foRgoioi instnimem. and acknowledged that he (they) executed the same as his (their) ftee act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public withinand for said county, personally appeared ---------^---- known to me to be the person(s) described in and who execut^ the fotegoing instniment. aii^knowiedged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 6 of 6 To;Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator September 9, 1993 #1861 Jeffrey S. Leech. 720 North Arm Drive Variances • Public Hearing Applicant proposes the insullation of a new foundation under the existing detached garage within the street yard of the lakeshore lot. The existing garage is located within substandard street and side setbacks. There are excesses of hardcover on the property. The following ordinances are pertinent to the review: 1.Section 10.03, Subd. 13 - In the case of garages where doors face street, the required setback is 30’ from the street lot line. Required Existing Proposed Variance 30’ 1’ 7" VT 28’ 3" or 83% 2. Section 10.03, Subd. 15 (F) - Side yard setback for accessory structures, Required Existing ' Proposed Variance 10 ’ 1’8" r 8" 8’ 2- or 82% 3. Section 10 22, Subd. 2 - Review of hardcover. 0-75’ setback area » 3,650 s.f. Existing = 951 s.f. or 26% Proposed * 951 s.f. or 26% No reductions in hardcover proposed within the 0-75’ setback 75-250* setback area »* 4,360 s.f. Existing - 2,385 i.f. or 55% Proposed * 2,381 s.f. or 54.6% Zoning File # 1861 September 9, 1993 Page 2 4.Section 10.03, Subd. 14 (C) - Lot coverage. (Review of structural hardcover on property.) Total lot area « 8,010 s.f. Allowed » 1,201.5 s.f. or 15% Existing « 1,969 s.f. (includes areas of decks with railings) or 24.5% Proposed = 8,859 s.f. or 23.2% Excessive lot coverage * 657.5 s.f. or 8.2% Reduction in lot coverage = 110 s.f. or 1.3% List of Exhibits A B C D E - F G H I Application Pn^^erty Owners List Plat Map Survey Hardcover Worksheets - 0-75’ and 75-250’ setback areas Dettil of Hardcover Removals and Additions within 75-250’ setback area Plan of Hardcover Improvements New Site Plan Elevations of Existing Structure Bescriptioa of Request The applicant proposes the replacemem of failing foundation under existing detached garage. Applkant |m)poses *he removal of the shed to the rear of the garage structure and the addition of a door with a stoo? and steps leading to paved walkway. Structure is located less than 2’ from the side and rear yards. Review Exhibit G, structure is loca^ 29’ from the traveled roadway. Applicant’s contractor was asked to consider facing doon away from street with the new construction but because of topography, 40’ lot width and a shared drive, the backout area to side could not function without enchroaching neighbor s property. The lot is severely limited in width and area. The street yard provides the only level grassed yard area as lakeshore yard is sloped. Based on the structural condition of foundation, it has probably been years since the stnicnire has been in use. Please review the location of the structure, the surrounding topography and shared use of the driveway to determine if there is any other feasible way to relocate garage ensuring safer use. ’ ' Zoning File # 1861 September 9, 1993 Page 3 Statement of Hardship Please review Exhibit A. Staff would add the following hardship: Limited lot area and lot width. The garage is located in an area where lot measures only 40* and impossible to meet setbacks and provide turnaround on site. The property was developed in the 40’s prior to any zoning standards. Although structure is located less than 2* from street lot line, actual distance to street is 29* to the north and 35* to the south. issues for Consideration 1. 2. What comments do you have concerning a relocation of detached garage? Consider: width - 40* lot width, lot, topography, shared drive, other improvements. Should City recommend improvements that would make strucnire more permanent? Lot coverage has been reduced by 1.3% remaining at 23.2% where 15% u allowed. Hardcover in the 75-250 ’ setback area has been reduced from 55% to 54.6%. Hardcover remains the same in the 0-75* setback area. Please review Exhibits E. F, G and H. Applicant’s representative has provided excellent hardcover deuil for PUnning Commission consideration. Are there other hardcover improvements that could be considered for removal? 3. Can setbacks be improved on the 40* wide lot? ^ t,- j I I CITY OP ORONO “ VARIANCE APPLICATION #1Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address A* O ~ Property Identif. Number (P.I.D.)7-^ Attach legal description to application if not included on required survey. Date Property Acquired (month/yea r) I (do)4;aono^ also own the adjacent parcels of land. Presell use olf property: y residential _ _ _other (specify)_ _ _ _ _ _ _ Zoning District_ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Phone (home) /- - Name -t, Ltt<-H_____________ Phone (work) 'fJ>3-l3C7— Address: 73/) A! H DR City; £>CCAJO_____ 21p: S'S'.^^eH. ONNER (if different than applicant)Phone (home) Name Phone (worJc) Address:City:Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: /(aise eX!6 i, ^ ^ vr A f h(\ct _ _ _ _ ___ _—_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ VARIANCES REQUIRED Lot Area Setbaclc_y/^^tbaclc: |/^F Lot Width Front 1/ Side narn Hardcover Rear Lot Coverage Average LaJceshore Other (specify) BARDSBIP/DBSCRIPTION OP C^IUSOAL PROPERTY CONDITIONS Describe undv e hardship or practical difficulty and unusual property conditions pre’anting compliance with Zoning Code requirements: .......... /acit' ^-f /r, r>c/ —ui'ii'k >r\.HQr < LV d£-------------------- (attach additional sheets if necessary) rBQOIRBD SOBMITT^ _e„^tlon must be e..h~itted hy the application 1. 2. Completed Application - ownprs within 150' (you must obtain■r.‘rrr.;.=”-’y .4 , „ ...... hardcore?VallleS as required (provide one (1) copy 8H-xll” f- reproduction). ,„a proposed elevations) if any changes hfaf^ddendL*" this “ « • in€or«atio>> has not bean inclad^_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ APPLICMWS SIGHATORB provide all information required or The applicant hereby ^^rees to provi additional fees (staff requested by the Zoning y^ent) and/or consultant expenses time not covered by ^nd certifies that th« information incurred in review of best of his^^^^^ )tnowledge.supplied is true and correct to the best or Applicant’s Signature Date 2h^ OmBRS SIGHATORB ,orees to this application and furtlier Iuthoriz« \Va?oLble° entry agents, Commission nepbers, and Council m,enbers tion and verification of this request. 0%mer's Signature Date Applicant pust have ^.11 XY^VlTTntoJ^Ci^ f/, unable to attend a scheduled meeting, p ^jy^ae the Building * Zoning authorized agent attend in your place and to Office of this change prior to the meeti g. J ».♦ . V 4^M.-V: • , 'Ur'4. . « ’ t ‘.V.. • ;;. '-A..« ‘ . »,i>»5 w f( * ^1.u> • 't VSvK V • * :*i;*"4 > -.’fifv* •*:■;• y.,'-/rH'YJ.V»' '■ - - ‘ •/.;.v^:• .-.‘t -vK’ ’ .-r. *.. .. '•^^•:-i; ; .l^;v;. .•! f'l ■ .:t'Vl''^ .^tf''^*•; V ’VI. •.?!-■' '•*“ ‘p-^’V-'‘ ;’• .">• . 2! / r«.t» * *»• iVAV/ '.i >. V* ^ \ V i u QQ u mm MTi oa/20/9s MTCH 001 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY ONNERS LIST REPORT NO. PI455401 PAGE I L AOOR OMNIR NANI TAMPAYtR NWi/AOlMl SO 04-1I7-ES IZ 0002 00005 NORTH ARN DR LAREVIEH GOLF Of HTKA INC LAKEVIIH GOLF OF HTKA INC 055 RED OAK LANE HOUND HN 55S40 SO 06-I17-2S OS 0002 00600 NORTH ARH DR RICHARD D HOLLANDER RICHARD D HOLLANDER 2900 HUMBOLDT AVE S HPLS HN 55006 SO 06-117-2S OS ODDS 00700 NORTH ARH DR GREGORY H HARTY GREGORY H I4ARTY 700 NORTH ARM DR HOUND HN 55S60 PROP AOOR TAXPAYER NWIC/AOOR SO 00*I17-2S OS 0000 00720 NORTH ARH DR J S LEECH AVE LAIS-LEECH J S LEECH AVE LAIS-LFECH 720 NORTH ARH OR HOUND HN 55S60 SO 06-117-2S OS 0005 00710 NORTH ARH DR JERRY D OLSON ETAL JERRY D OLSON 710 NO ARH DR HOUm HN 55S60 S8 06-117*25 OS 0006 00700 NORTH ARH DR E 6 EINAR HAGBERG ET AL N/LE E G HAG8ERG 700 NO ARH DR HOUND HN 55560 h-r-t ’r ■'V - PK» ADM OM«R KAMI TANRAYm NIM/ADOR TOTAL RATCH 001 00004 f •• 1..tH h Lr « V I CERTIFY THAT THE FACTS REPRESENTED ARC AN ACCURATE ANO TRUE REPREStNTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT QF PROPERTY TAXATION, TO^HE BEST OF HY KNONLEDGE ANO BELIEF. DATE o i i C i I V 1 i- i ^^ II Su V 1- Lake Wl IKlUtTOMKfs m M uj'u 0/ CovHtv ^ft.\\s dv> stvHC r*t*.iMiHa This aurvoy shows the location of all existing buildings on the abov'e described property. It does not pur­ port to show any other improvements or encroachments. For purposes of this survey* the boundaries are based on the original staking of the Auditor’s Subdivision lots. F.xisting Legal Description That part of l.ot 3, Auditor's Subdiviion Number 362, Hennepin County* Minnesota, lying Northerly of a straight line drawn through 2 points, ex­ truding Noitheasterly to the water lino, 1 point being in the Southwesterly line of said Lot 3, 40 feet Southerly, along said lino, from the most W(.'5tterly corner of said Lot, the other point being SO feet distant at right angles Southeasterly from the Northwesterly line of said Lot, measured from a point in the North­ westerly line of naid Lot distant 172.6 feet Northeasterly measured along said line from the most Westerly corner of Lot, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. o: Iron marker Bearings shown are based on an assumed datum. i HARDCOVER CALCULATION WORKSHEET setback zohe : (circle ohe)(0^ 75-250' 250-500' 500-1000' Existing H ardcover in Zone A. H ouse . X 3(^.4- LENGTH WIDTH B. Garage c. D riveway D. Sidewalk 35 3T. C a:i=. 10. -\3; II 45.^#46 Total Hardcover in Zone Total Property Area in Zone _ s.F. S.F. _ s.F. S.F. S.F. S.F. S.F. S.F. I 14 s.F. 3?s.F. 231 s.F. s.F. (43 s.F. Zl S.F. S.F. 5" s.F. Zl S.F. ‘?5/ cD' s.F. CD (3) (D- ©' 3^S"o s.F. B B 3 4 X 100 % HARDCOVER CnLCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'(^"t^250'j 250-500' 500-1000' Existing H ardcover in 7one A. H ouse 9.2. LENGTH 1^.5 M»0 WIDTH 3^-4 f 29 S.F. " 644 .F. ^ S.F. S.F. . X B. Garage c. Driveway £. Ratio/* Deck F.t^NDSC.^E MtEAS/ UNQE^IN PLA^IC' s ^ei \ng ^>H6r> G. Other 20.3 D. S idewalk 3.47 14 -n 4.4 /o //- X 2 on I'i.l A\J6> 22.4- 3.47 /-t // / ________ S.F. 4ZO ..p. di) 24 707 \ 60 gz S.F. S.F. S.F. S.F. CiP O dP (S) Total Hardcover in Zone Total P roperty Area in Zone ^ ^ S.F. (Jsj f 3 _ S.F. ^ S.F.<S) _ S.F. • S.F. Wo S.F. / 1 S.F.(S> '2 38 5 S.F. 1 _A_ 4 32.0 s.p.B 2 3 *»5' -1 43^0 X 100 ss~ % HARDCOVER U lCUUTION WORKSHEET SETBACK ZONE: (CIRCLE one ) 0-75' (JS-2S^ 250-500' 500-1GC0 Existing Hardcover in Zone xo A. House B. Garage c. Driveway D. Sidewalk E. Patio / D eck F. Landscape AREAS UNDERLAIN BY PLASTIC SHEETING G. O ther LENGTH Zl. ^ 5.^ lO _ X T otal Hardcover in Zone TO Total Property A rea in Zone 3 268 y.>i. X 100 r =S.F. WIDTH •. S . r • S.F. . S.F. ss . S.F. S.F. 3 S • r • 3 S.F. ^2. I“S 30 S.F. *2.^SZ S.F. ( 4n<3 2C.. S.F. ^ » .S.F. a S.F. 8 S.F. a S.F. a S.F. \ 1 a 1 1 o . S.F. ( S.F, S.F. 0/ y'O i •1 /> vJ f '% i - ■ ••r> :.t I f ■ • I ’^. i i .'. ') %., HARDCOVER CALCULATION WORKSHE^ ^‘- SETBACK ZONE: (CIRCLE ONE) 0-75' (^75-25^ 250-500' 500-1000 H a '^dcoves ih Zone to \Vi sta A. House • _ X ,Ml S.F, • •LENGTH WIDTH X .=S.F. X _s S.F. m X S.F. X S.F. 3.Garage X S.F. c.Driveway X a S.F. l4 X z. =28 S.F. 0.Sidewalk 4S-X 3 S.F. 5.5 X S.F. g _ X 4- «S.F. E.’at 10/ Deck ]0 - X II40 S.F. F.Landscape - X S.F. AREAS underlain BY X m S.F. plastic SHEETING X S.F. X . S.F. G. Other . X m S.F. KIEWToiAi. Hardcover in iome Total Property Area in Zone 264 S.F.A ! S.F. f A •B X 100 - _/o / -7S ‘ 70 SHotfgit___7;^" ~T7 —"v —-zy I T*.B I <:/iVc.I ^ViLU (g) @ Si© G /A 1 S —-If >. •JS! JL__i ^ '*'»*•/ ® —<r-^ - V'U/Ci VA | ‘ » 'Z.Q>' ^,f^'f Vf 1 6AC. I K«r«by CtHify !hol Ihit plon, tpecifkollorv Of report woi prepored by mo or imder my direct supervision and that I am a duly Rtgistered Professional Englnaor under ihei Lows ol the otate of RUSSELL L. BRANDT CiVIl STnuCTURAL ENGiNCtRiNG BLOOMINGTON. MINN 55431 (6l2)0ll<tot Pf\KT»AL. S\1L T=*LAV4 (eXlSTU4a <?5-20- Don 9- ^ R*0 Ho; O B 3tFr LtEcvA ^e*s\otcuc€. "IZ.O UOW.TH AV-IA ORONO. f-\N DATE 8-ZC-33 DR.NO. 3^5-r '' r « -zo : V, r r*y(iy ^/A e.\M5»lCAsT^6 tX>sT, •^^\cATesvitopdstx> Bt.lv. m p«of»eR.Ty t-»N>«a m«v\ ®uu.v/cy |ggl4 I lwr*by etrliFy Ihoi ihii plan, iptc^icolion; or rtport woi praporad by m« or undar lay diraci ivparvltion and lhal | om a duly Ragiilarad Profatslonal Enginaar undar Hm lows of lha Stola of I N K Rao. Noi 6 o RUSSELL L. BRANDT ClVIL-STRuCTURAt ENGINEERING BLOOMINGTON. MINN 55431 (•12)IIMS0I PkKJ\AL. S\Tt Tn-AV4 FOE. »^e.comst^vjct\oh of GAiP.A,g^ FOUHOATtQKl R B JeFF Lt^CVA M-SXt^eMCC 12.0 MOtTVA AV-H ORQNO, f^N date 8-2^ «^3 lDK.6i.MO. fic. ft V C &. 'TSVVW' s ►' "f^- ■:i" r' / ^ V V' ; <rr kl' '»•- . •‘ 4 ^ A ^i?SS^?5t ■^:^> * *• ^ v' pM. . •'r' i -w^-j i^i'T I -‘W‘ ' -^ru7 - ^ 'V* ^ ^ ^ -r^r T^i**i^i«|wg^:T rsri!^7! 4 *t *•* ‘' I. ! . . li I 1j' i> P TO:FROM: DATE: Mayor Callahan and Orono Councilmembers Ron Moorse, City AdministratorJeanne A. MabusUi, Building & Zoning Administrator October 5, 1993 COUNCUMEETINGOCT 1 1 1993CtTY OF ORONO SUBJECT: /1^1865 David Owen, 2248 Shadywood Road - Variances - Resolution I Additional Exhibits K - Owen Letter to Hennepin County Public Works L - Elevations of the Existing/Proposed Grade Applicant proposes strucmral repairs to an existing detached garage consisting of a new concrete garage floor that will elevate slnicmre 8" to prevent street runoff from entering garage. Additional improvements consist ol retaining walls and stair/railing unprovements, the majori»y of which are located in County right-of-way. Parking stalls to the west of the garage shall be repaved and also raised 8" so that runoff will drain away from improvement and into right-of- way of Crystal Bay Road. Review Exhibit G, during the review of this application the County was contacted and advised the City staff that the County no longer had any interest in the right of-way and would be v.’illing to deed it back to the property owner. Dave Zetterstrom. of the Hennepin County/DOT, did advise that portions of the traveled roadbed of Crystal Bay Road were located within the easement and that it would be to the City ’s advantage to gain an easement over the traveled portion of the roadway. John Gerhardson has reviewed the proposal with Mr. Owen and he concurs that the only portion of the right-of-way that he would wish to retain would be the traveled portion. If this is the case, the garage would now be located 10 ’ from the southwest comer and 9’ from the southeast comer. The garage is located 4 3 from the side lot line. Mr. Owens has been advised to contact the County Public Works Department with a written request in order to commence tlie priK'ess. Owens has been advised that the County Board must act on the deeding back of the easement, review Exhibit K. Mr. Owens was also asked to meet with Gerhardson to confirm that the proposed elevations would assure that the 8" raise in garage floor and adjacent concrete pad will divert draini^^e directly to Crystal Bay Road rather than inundating adjacent private properties. Review Exhibit L, Gerhardson has reviewed the proposed grading plan and confirmed »hat the improvement project will result in positive drainage towards Crystal Bay Road. The Planning Commission unanimously approved the variance application as pro^sed and adopted the hardships as suted in applicant’s addendum. Exhibit B. Approval was ba^ on the condition that Mr. Owens would continue to work with botli County' and City so that Zoning File #1865 October 5, 1993 Page 2 County would deed right-of-way back to applicant and applicant in turn would grant City access and utility easement over traveled portion of Crystal Bay Road. In addition. Planning Commission members asked that applicant remove collection of debris to northside of garage during period of construction. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission ’s approval recommendation. II. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #1865 WHEREAS, David S. Owen (hereinafter "the applicant") is the owner of the properly located at 2248 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 7, "Wiley’s Park", Lake Minnetonka, HennepinCount>% Minnesota (hereinafter "the properly"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the installation of a new concrete garage floor and concrete parking pad to the immediate west. The garage is located 1 ’2" from the southwest comer to the County right-of-way where a 30’ setback is required. The garage is located 4 ’3" from the east side lot line where a 10 ’ setback is required and a variance to the hardcover allowance for improvements within the 250-500* setback area as hardcover is proposed at 835 s.f. or 77.60% where 30% is flowed and where 77.60% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1865. The property is located in the LR-IC, Lakeshore Residential Zoning District requiring 1/2 acre in area. The property consists of 14,508 s.f. The Orono Planning Commission reviewed this application on September 20. 1993, and recommended approval of the proposed variances based upon the following hardships and unique findings: Page 1 of 5 4. A. The proposed improvement consists merely of the repair of the existing structures consisting of replacement of concrete garage floor and parking pad. B. Garage floor and parking pad shall be raised 8" in order to provide positive drainage away from structures and adjacent properties and towards street. C. If garage is to meet 30 ’ setback, major filling would be required to provide access from higher elevations at street. D. Hardcover would be increased in setback area closer to lake. E. If structure was placed at 30 ’ setback, this would require the removal of two to three mature trees. F. Setback !.as been measured from an easement deeded to the County that has never been used for County right-of-way purposes nor for snow fencing. The County shall deed easement back to applicant. G. Existing structure will be 9-10’ from traveled road known as Crystal Bay road. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the 2Loning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City CouiK:il hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.25, Subdivision 6 (B) to permit the repair of an existing garage and adjacent parking area involving the installation of new concrete floors requiring a street setback variance of 21* or 70%, a side setback variance of 5*7" or 57% and a hardcover variance for excesses of hardcover within the 250-500 ’ setback area at 512.2 s.f. or 47.6%, subject to the following conditions: 1. 2. 3. 4. 5. Applicant shall continue to work with County to ensure that easemem area for temporary installation of snow fences is deeded back to property. Upon the release of said easement, applicant shall deed access and utility easement over traveled portion of Crystal Bay Road that intersects easement area to City of Orono. Applicant shall be responsible for obtaining the necessary legal description for completion of access and utility easement to City. Applicant shall complete the removal of the debris to the northside of the garage prior to the final inspection by the Building staff for the new improvements on the property. Authorities granted by this variance run with the property not with the applicants, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). Viol ilion of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 i Adopted by the Orono City Council on this 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 __before me a Notary Public within and for said county, personally appeared _______________________________ _______________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 __before me a Notary Public withinand for said county, personally appeared _______________________________ _______________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5 To: From: Date: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 16, 1993 Subject: ^1865 David Owen, 2248 Shadywood Road - Variances - Public Hearing Applicant proposes structural repairs to the existing detached garage and retaining walls consisting of a new concrete garage floor and parking pad to west. The purpose is to raise the garage floor and pad approximately 8" to prevent street runoff from entering garage. Paving will also be overlaid over existing driveway and apron in an attempt to control the street runoff. Existing concrete steps and wooden handrails will be installed adjacent to the parking pad. major portions of which are located within the County right-of-way. The garage is located within a substandard side and street setback and there are excesses of hardcover within the 250-500 ’ setback area. The following ordinances are pertinent to the review: 1. Section 10.25, Subd. 6 (B) - Setbacks. A. Street Setback (30’ setback required for garage with doors opening to street) Required = 30’ Existing = 1’ 2" at southwest side (10’ if County agrees to release land not included within travelled or used right-of-way of Crystal Bay Road, refer to Exhibit F) Proposed = 9’ at southeast side if unused right-of-way is released to property owner Variance = 28.8’’ or 96% if County does not release land Variance = 21’ or 70% upon release of land B Side Setback Required = 10’ Existing = 4’ 3" Proposed = 4’ 3" Variance == 5 ’ 7” or 57% 2. Section 10.22, Subd. 2 - Review of hardcover (Refer to Exhibit E). 0-75 ’ setback area ** 3, 850 s.f. No hardcover recorded. No change proposed. 75-250 ’ setback area » 9.582 s.f. Exiting “ 2,221 s.f. or 23.18% Proposed * 2,221 s.f. or 23.18% Zc .ing File <1^1865 September 16, 1993 Page 2 250-500 ’ setback area = 1,076 s.f. Existing = 835 s.f. or 77.60% Proposed = 835 s.f. or 77.60%* No change proposed. * Note expanded improvements proposed adjacent to parking pad are located within County right-of-way. If City and County agree to release land to applicant, hardcover facts will be adjusted in addition to the additional area increase for setback area. 3. Section 10.03, Subd. 14 (C) - Review of lot coverage. Total lot area = 14,508 s.f. Allowed = 2,176.2 s.f. or 15% Proposed = 2,052 s.f. or 14.1% No variance required. List of Exhibits A - Application B - Addendum C - Plat Map D • Property Owners List E - Haidcover Fact Sheets F - Sketch of Existing Improvements G - Sketch of Proposed Improvements H - Elevations I - Easement Descriptions J - Survey Description of Request The applicant proposes major repairs of existing garage and retaining walls for the purpose of improving drainage as street runoff that currently drains into garage. The existing garage at the southwest comer is located 1’ 2" from the current right-of-way of the County road. Certain paving and stair improvements are proposed within the expanded County right-of-way. Staff has been in contact with Dave Zetterstrohm of the County D.O.T. who has confirmed that they have no interest in the additional right-of-way. Review Exhibit I, it would appear the easement was acquired for the purpose of installing snow fencing. The County no longer uses snow fencing in this area. Zetterstrohm confirmed that the County would have no problem with deeding back the right-of-way to the property owner. Major portions of the casement area arc occupi^ by Crystal Bay Road. Zoning File 4^1865 September 16, 1993 Page 3 Review Exhibit F. Staff has darkened the line defining the used or travelled right-of-way of Crystal Bay Road that is currently maintained by the City of Orono. Jolin Gerhardson has confirmed that the City of Orono has no interest in the remaining portion of the property and would concur that property could be deeded back to the applicant. Applicant should be advised to contact the County to determine if they are willing to quit claim untravelled portion of the right-of-way. Statement of Hardship Review Exhibit B. Staff has nothing to add to the Statement of Hardship. Issues for Consideration 1. Hardcover excesses exist within the limited area of the 250-500’ setback area. Are removals feasible without creating potential hazard? 2. Other issues raised by Planning Commission. ^'5 CITY OP ORONO - VARIANCE APPLICATION 1 o 5aa^ ? .■)t, Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the^Fact Fees (Double application fee) • ^ PROPERTY INFORMATION • f Site Address • “V*. • V Property Identif. Number (P.I.D.) 1*7 *" II ~7" 4*3 Attach legal description to application if not included on required survey. Date Property Acquired Aod. I^^4- (month/year) I (^)(4o not* also own th^ adjacent parcels of land. Pre/sen t usir'^f property: residential _ _ _other (specify) Zoning District:_ _1—_ _ _ _ _ _ __ APPLICANT Phone (home) A'*!] ” 1 Name Pdvit!i P\iim Address! i:Wn‘)yVM(i City: Phone (home) Phone (worlc) ONMBR (if different than applicant) Name Phone (wor)c) Address:City:Zip: DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ VARIANCES REQUIRED _ _ Lot Area Setback: Lot Width X Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HAR08HXP/DBSCRIPTI0N OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirementst------------ ^ _______ 1 I (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be stibmitted by the application deadline date in order for yonr application to be considered complete; 1. (/ Completed Application Form 2. i/ Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _j^Plat Map (obtained with property owners list). 4. V Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J5"xll"). 6. ^/Slcetches or plans of floor & elevation views (provide 1 copy 8%"xll'*). 7. _As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above; Information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and cornet to*t^e^best of his/her )cnowledge. Applicant's Signature Date ONMBRS SIGNATURE The owner hereby ac)cowledges 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.reouest. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commissicn Meeting. Planning Coromission Meetings are held on the third Monday of each month. Applicants must be present at all schedulecZ review meetings of the Planning Co^ission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to I;ave an authorized agent attend in your place and to advise the Building t Zoning Office of this change prior to the meeting. : i .7/r -3■;i ••'V- /»• .1 fs■. \ ■ i • \ V,y y VARIANCE APPLICATION FORM OWEN RESIDENCE ADDITIONAL INFORMATION August 26, 1993 DESCRIPTION OF REQUEST; Intent is to repair existing structures; including repair of garage and retaining wail, replacement of concrete garage floor and parking pad, and elevation of sanrie 8 ” to prevent street runoff from entering garage. Asphalt will be overlaid on existing driveway and apron for garage accessibility and control of street runoff. Existing concrete steps and wooden handrail will also be replaced. (See detailed plans.) HARDSHIP/DESCRIPTION OF UNUSUAL CONDITIONS: Garage and parking area are constructed within the setbacks, with retaining walls supporting 2 sides and part of 3rd side. To meet setbacks would require starting over with new retaining walls on the steep slope, resulting in dramatically increased harocover closer to the lake, and removal of 2-3 mature trees. Street setback would have been met except for ;ounty easement. 0 ' x ’>»»(A^t; Bay ‘*l r,,i?ro 1980) / _ ,P> '8 />•' ( I6)X V /i z'»3),) S>4> vtN; ^ ^<6 PJ / 1 2(?n f /^ i »36) ■• X- .-/ '8 < / V ^ / I V '' /- J; ,'>w (??) <. X X » h AJ v V-. 'Vw<> V' /V'7^ - s ^OH* tlU^ 5 sivwaf ro» va ^a MCN C^ p*»T CP Cllv! ilr 4 cf iOT SEE ^V wise PC ?54 AM) CC ’vNT y 7 / /.5: 6) / V (5), r-(V4C 9< Mf (7)M) .w«> CVieirinMaiM t <of/*! T 2 / / (<35) e y '■ / /»/w ; C ?, :>■ I "• i: /AyioRi r<3>c,'^ I TOO /■C*( \44)ig/ f^ C> '6J( 1 16' **/ IM / 1 8 • • •• * / P' ( TB)’{ \ 22 1* L. •• • •DAKOTA - - 7*^. ■ A . * . ^ t?- Ci •" m • (53) n A4 f ? » ns"s MS iV) X IT < • /» •f y. 30 "TT 9 ( 149) 50 ? ?. ? 13 • 3 !8 ^34)(35)( »V) /•/y. 9D S)90 •X tfi «n -h 7 10 •>r\ 7r>« (?e') §5^ >• 3- ? 4? 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[^30 XI .1 ) ^?9. rt ^■% rfY X X * « 4T- X . ?* X X • 4^ 1 • • ^ (96) 3*^ X ;; ’ i' * Y -..?( 30 4 iC’• lomivt A™, \('o?) ^ . « • Ib RUN OATC OA/2S/9S lAltH 001mm AooROMCR NMC TAXPAYIR NANC/AOOR mm AOOR <M«R NAHt TAXRAVIR NAHC/AOOR SO l7-lir-« A2 0001 02M0 SHAOYNOOO RO CHRISTINE ARKO TREENAN CHRIS1ZNE ARRO FREEMAN 2E40 SHAOYNOOO RO NAY2ATA »04 S5391 SO 17-117-2S A2 0000 02 2U SHAOYNOOO RO ./AMES Q COTHHAI04 ETAL JAMES O OOTHMATM EZIO SHAOYNOOO RO NAYZATA m 55391 PROP AOM OMCR NAMP TAXPAYER NAME/AOOR SO 17>117-2S *3 012* 02200 SHAOYNOOO RO OAR ONEN OAVIO S OMEN ZZOO SHAOYNOOO RO NAYZATA m 55391 PROP AOOR TAXPAYER NAME/ADOR SO 17-117-23 OS 0129 02237 SHAOYNOOO RO 0 L SCHUOER ASM SCHUDER OANIEL L A SUSAN M SCHUOER 1111 HA)MEU APT 237 •QUiOER CO 00300 HEWIEPIN COiAITY PROPERTY INfORMATlON SYSTEM PROPERTY OI««RS LIST30 17-117-23 02 0002 02232 SHAOYNOOO RO RICHARD LEE RORESH RICHARD L RORESH 2232 SHAOYNOOO RO NAYZATA MN 55391 REPORT NO. PIOS5001 PAGE 1 o30 17-117-23 02 000302220 SHAOYNOOO RO MICHAEL PIRICH TRUSTEE MICHAEL PIRICH 2220 SHAOYNOOO RO NAYZATA Tt4 55391 .1 30 17-117-23 OS 0120 02200 SHAOYNOOO RO EVELYN S TRUTNAU EVELYN S TRUTNAU 2200 SHAOYNOOO RO NAYZATA MH 55391 30 17-117-23 04 0127 02259 SHAOYNOOO RO M 0 SCHAFER ACE SCHAFER MICHAEL A CHRISTINA SCHAFER 2259 SHAOiNOOO RO NAYZATA MN 55391 SO 17-117-23 OS 0100 02229 SHAOYNOOO RO JAY PIEPER SUSAN A TOOO PIEPER 2229 SHAOYNOOO RO NAYZATA MN 55391 30 17-117-23 03 0125 02250 SHAOYNOOO RO N H MEY JR A J R MEY NILLIAM H MEY JR 2250 SHAOYNOOO RO NAYZATA MN 55391 SO l.’-117-23 OS 0120 02205 SHAOYNOOO RO J C SAT «ER A K F SATHER JOW A KATHLEEN SATHER ZZ05 SHAOYNOOO RO NAYZATA MN 55391 10 TOTAL BATCH OATE^^^BY , 9 2-IS-93 HARDCOVER CALCULATION WORKSHEET_____ SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' (^0-50oQ 500-1000 Ex 1ST I NS H ardcover in Zone A. H ouse LENGTH B. Garage 2o- 3 c. Driveway 0. Sidewalk E. Patio / Deck areas underuin PLASTIC SHEETING cojje, sue 3.3 G. Other WIDTH __ r • _ X B • • m S«Fi •• tX • •1 • • • •• . ** « S*Fi « • • • x^ • • • 1 W Vi V S.F*- X • ■■■iP V a w _ S,F. y 20.3 (- n) .377 _ S.Fs _ X m t . S.F. >• X •• • _ S.F. -- . “*X 4 1 m _ S.F.a X •1 • • • • • •• - S.Fr • #• , \ X . S.F. ♦ i. • • ’ V'^ X • . S.P.‘ 1 ^ X .• 1 . S.F.• X ra 22 , S.F. •• • y • # • cs • • • m • P V « S.F. • 0 0 0m 9 X 3^7 7 S.F. t X S.F. • IN Zone LUL • • • S.F. 1 a ] . IN Ions • ^/0 7€• f" H r35__4[T]./a 76. X 100 • 77. io . • • • • • HARDCOVER CALCUUTION WORKSHEET SETBACK ZONE! (CIRCLE ONE) C0-75j) 75-2! Existing Hardcover in Zone • * . * A. H ouse B. Garage c. D riveway E. Patio / D eck F.Landscape AREAS underlain BY , . PLASTIC SHEETING G. Other LENGTH D. Sidewalk • X X WIDTH I « » Total H ardcover in Zone - ___ Total Property A rea in Zone - O 4>fT| % 100 - ' 250-500' • 500-1000' • ^ i • • • • S.F. • SB S.F. • t • i . * * * S.F.A /53ir : S.F. i> j • S.F.. 'ly • S.F.-rr*. *• *f ' «. S.F. • S.F. m . S.F.-•7. ? 1 •t S.F. “ii:: S.F. S«F. S.F. « • »««•* S.F. S.F. S.F S.F. I • S.F. [3 t.F ca • *• Cu) f < •■ • HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' (fS-lS^ Existing Hardcover in Zone ✓ ■‘Zs-rj • • A. H ouse SJ. P ^Ze.o a • /-«-7. y s.D LENGTH ^,S X WIDTH A y • <'•7 s.p. 1 (fijrl 5 ,2. O • •s.v; m •y.7 ,2. f m 2 s. F. Ijy • S.F. B. G arage Y .'s *s/f.‘ c. D riveway ♦ Y 1 S.F. X • • S.F. 1 D. Sidewalk X /72 s.P. • • • • Y ••• • • • • » .• S.F. Y S.F. /ei« E. )eck cusas j.zx^.z F.Landscape • k ______ areas UNDERLAIN BY . ______________ X ________ PLASTIC SHEETING ______________ X________ /V y/ SiF. .• S.F.. • S.F. S.F. Q. O ther ___ /z S S.F. S.F. Total Hardcover in Zone • . Total Property Aria in Zone Q] 51 • • ]T| 2 22/ ^fTI ^ X 100 - .t -X • • • r*rNr~ rKAh loQ-x tJUi’t* t«cf» P«i\Act. iiur?n.nt- 1^3 vipt i»T» &rtm\ *.48Uf tv V> l-*.w ujt,. e>ivU-- ^U' utvt. loVMV v ’ W J/>U-(Muowi u>au e)<r>r. i CM^ Ci^ftcte^ r:; eMtP ruMt. trMM •OfsnaA To -ne TO (HftsT tmwifr ii< t/avH' ABJL>=>r tMtJT ^ K«T«. 10 rirt--------------------------- eAKT T/nMP~ Wi^- fltoUHW . t/w. CUitf. V4H4- / 0«==t1= fVAMUCP — rr*r M*- r^H> tAc*l V1T iMir-' ^ tfOWU4P fA^rp» AfTori AW IP l^Mr« Affori.. IS19M \ ID 01 ^trr i»ir#cr rui^ i* (<.'r Si T K \- ti' A r tnr. MNB A \ PVAN P^PlfNC4^ <z40 uv*rrt€^ W| wri ■4# —r ; ••‘LX Vi * * -c > I-P ^ "3 • rr j=a - — - •■ /’■.?I, -^-^r •%' ' t ' jJUTtmt'-TP tv«r iw-M%/^' rtwii^ tiiwi e/jtar >'f Ki;HM6 eV*>»WM\ -10 PUt^ JrAI-Jt for 1W- vuv tju’tvt^ rear ui? ^ ftVMA w-iftyr: iJt APWiii '[o rveepv. fttr w* MMlMiMPJiiiiiuil Jl^i_ •_ M V, -iViirtu-* Pt;n/<4i- /MlIT rutf- e>'*iitoiMi. illPM e./P*r — rM r t lur^ e>com ^iV-MTcH' ('rfWP ^e/^^ ‘SiW^ £t4«» 'V W*M: ^cfHMT IP Ml. MH<I I r^imvrv> t»ak fTttvt«P pair PJM ’ n«»—\ -?3‘:/ •|rrt#T»i£ii Hv^ _ —i." ':•!! s . —* * * -—i—- TI] nrr .TT rrof«vp 6fit tf 1ll«Hlir~ HNl iUM-X ' P3«*^ p a>i» r«n>c#<<iMrr e^-ffiw*. ftn e rrofti^tsp ru*p-*^-< ip/itr ^ wi t-•«««■-' *A«K 10 ^iM$er-\ t M»r H4rtar llinn'T' M. LIL I I > I I I I I . - W7-< fP-i^ arne- V /—p»n^'p 9A'X F?[:^VA.ri<:^~5 7*Atf rp. • A.Vv. .V / / I/»- tr- ••/ :' < Exhibit "A"•• '••» ■)•'• r-.-'•r “^ •\ V . • >: % -' J •' i >Vi Lot 7, Block 1, "l;iley's Pork" Lake ‘iinnetonka, according to the recorded plat thereof, ana situate in Hennepin County, Minnesota. Subject to; Easement for hi«_,iiway purposes (19) acquired by the County of Hennepin over Southv^esterly 29 feet, together with tlie right to cotistruct and maintain temporary snow fences on lands adjacent thereto, a- evidenced by final certificate Document Uo. 2757397. Utility Easement granted to TJie Village of Uro. o in Cocur.icnt Mo. 3017107 over that part of Lot 7, ('.lock 1, "Wiley's Park" Lake Hinnetonka, Henrepin County, I'.innesota, lying within 10 feet on eacli side of the following described centerli..o: Beginning at a point on ttie Southeasterly line of said lot distant 125 feet Mortheasterly froi.: the r.iost Southerly corner of said lot; thence northwesterly to a point on the liortliwcsterly line of said let distant 114 feet northeasterly from the most '..'esterly corner of said lot, and there ending. ,J03. ’'I, >'" M’ 1 X *Trr^# r~i» X vl o » / „u...l-^ fW< ^rv<V\' ' ' N vx “S ---------- *f‘*0 k -is.. «M-J ut *•!• ^li • iw X » -'4.. •TJ T ^ >a>• ♦'* L fe-' !:b.VVJfii*)c ’; :&3-* ;,'V: A> ‘/5' if •¥ r^V rtll-af.'i',! • / . ; v' ( • > * ;_•;■• • m. • * .' . I <** ^ r ^' • 'I * • » ♦ • " ‘ • ‘ **’ I »’ » • ■ ' i { ••■• • * I • • f i .4 >^^; '•'. •» . #» ■. '/■ i.,.> ‘ * • ' ► ;! * • . ♦ * • r- ;'‘'i .'•■/ Ki • V r. ;;■n' • ■1/ ■; ■ .- • •V ;.':: ••'■:.■ I•^.. •.U:; l-» •'■ "i-'- . » * •' • ■«•■• • . t i •• *•I" r • :' ft- ! r*-. r. V: . •• « P '-i;' vV ■ '^C » * ^ h V ' ^#;' r.y,. .;• _ I)'. ./Vi ‘'■• -'r: ..*^' i '•:': : - ■ f ?;-.iv:,: --r ^5': ■ ■•. ’■ »:■*.. ^:'- V. 'H'- i-r- ■ iV -V’ 4^> „> r ' *’ ;• w. ; i. <!# • .••.-«•• ‘ Af ■-xf,* k' * li'. :• V fi- '• ‘‘'■. •' > i* ;* ■•• J s' V'j *'V'■ V ■;• ^ •>.Is.'> yI *>V ^ ■' «<" V i ■ fc * • - « ;r.^i ■■■ I .; A ' ^ «»a i * ij< ■ ?v "• K -A'^: V. ft'■v •I.»'• '■ I i ' 4 . October 4, 1993 Mr. Dave Swenson, Manager Real Estate Section Hennepin County Public Works 320 Washington Avenue South Hopkins, MN 55343 Re: Rcqticst that the County deed back the easement described on Exhibit A. Dear Mr. Swenson: • Hennepin County presently has an easement on my property, Lot 7, Block I, "Wiley's park" Lake Minnetonka, property identifieation no. 17-117-23 43 0126. The easement is described in paragraph 2 of Exhibit A, attached. The City of Orono has asked that I request release of the casement back to my property. The rca.sons for this request arc several: 1. lam planning inlprovemcnU to my property, including paving and stair improvements inside the said easement. A release would keep tliese improvements on my property. 2. The City would like to have a greater setback Crom my garage to the road R.O.W. than presently exists. 3. The County has no further interest in this casement. 4. The City of Orono is interested in an easement for that portion of this easement occupied by Crystal Bay Road, a city street. Mr. Davi Zctterstiohm, of the Hennepin County Dept, of Public Works, was eonta^ ar^ h» wvicwod my project Irnprotmenu and this request. He has stated that the County has no ftirthcr interest in the addiUonal R.O.W. since the County docs not maintain any road su Ace in^ ^ easenv-nt, nor consWict temporary snow fences anymore. Zetterstrohm confirmed to the City that the County would have no problem deeding tl>e easement back to my property. If you have ftirthcr questions about this matter, I can be contacted during business hours at SS4- 7300, or at home at 471-7393. At the City of Orono, Jeanne Mabusth, Building and Zoning Administrator, 473-')357, is ccKjrdmatiiij? tliis effort. Thank You David Owen 2248 Shadywood Road Wayzatt, Minnesota 55391 Attachment ^^Jeanne Mabuslh. City of Orono ■/■/rxMinir i\ % •/ 7, niock 1, "Wilry's Park" I ak(> Minnr*tonka, arrorrtinfj tn thn rded pla't thereof, anc situate in Hennepin County, H‘!r'P‘?59t?! Lot recorded plat Subject to: * •* Coser.'.ent for hichwoy purposes (19} e:*\uiroJ Ly tl.e COui.ly uf HcMticHu'. uver Southwesterly 20 feet, toyett-.cr intli tiie rif)ht to construct and maintain tf'iiii'ilf’/lf’y Si'uiw l*rrn I'S fwi l/miK ailj.iiriii lliffi'lo. as cviV-Mirpri hy fin.ii certificate Docunent Uo. 2707397. 'Jtilitv Caserent granted to The Villace of (n*ono in nv'H'.uf.n'nt 3f)171fl7 over that 'part of Lot'7. (ilock 1, '*v;ilcy ‘s Pork" Lake Minnetonka, Hennepin Cow.nt, l-.inncsota, lyinQ witiiin 1C t:c-t on cacn side cf the followiny i describoo cenierlinoi ^ po'^nt ot\ the Southeasterly line o. said lot distant 125 feet Korthcastorly fret: ci.-j r..o$t Southerly corner thence Northwesterly to a point on thv Northv.cstcrly line of said lot distant 114 feet Northeasterly from the MOSt Westerly corner of said lot, and there ending. V-—to- 4*% vmt^. MC> b HTf#iU ♦ T¥. -f» iVXf*.VbKitr -pv#u» rH uc>vir«f»d/«‘^rrr p«sT Tt^W^- -WMi ivv^ewM^ « O’M* |HO *U^V* rwtv< * MfU«« ^ 10^ r WM»(^ ■ci*fcr } *x«/^ ! iW.ar u#*#»* TWf« ^4^NU w«n rM LO^, l:.. tw>c 2. CH^ ft«CdU> rUCP.nO«H <xa*rvrb TV “O tuFUT ' tOTVCTlH tiM' ^ #K« U1 11*0^ ’ 1» nw* MA^ UCMi /cuxr O0*> ^•9^.4b LMVtOO) I 0«ir Mr*' E«'»l*i»l* -r K>r!ys5Sir .:V fTH> ko*i'%Mr( j I •g^» «TY row»«r *»• MW 9f0(Ht*rr ct^tVrKU p. r»«r. i^ 2 J-r54S4^ »« *»Kfa» \ rvAS ti hubfai c o. ^ A D 4iio mjtrw^ «», oo'3tx», JiEZ <>. 5 'll I ** * m ^ •» • • * •*4i* #• • • /X TO: FROM: DATE: Mayor Callahan and Orono Council members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator October 4, 1993 SUBJECT: James and Joann Jundt, 1400 Brackett’s Point Road A. #1866 Conditional Use Permit * Resolution B. #1867 Variances - Resolution C. #1868 Conditional Use Permit - Resolution COMRUBIM 5CT 1 1 1993 OhrOFORONO Brief Reriew of Applications: Please review the enclosed Planning Commission packet for more detail on the issues and ordinances pertinent to the review of the three applications. The following is merely a brief review of the comprehensive application and deals only with the highlights of ibe reviews. A. #1866 - The first application involves a conditional use permit to allow the second floor area to remain for the dwelling use of employees of the owner. Originally the second floor level was designed in separate dormitory type units. Current owner now proposes an apartment for the caretaker. Primary access will be via an interior hallway that connects directly to the residence and a secondary access vi? a staircase leading directly from lower level garage. Planning Commission members questioned the need to install the second suitcase as there was already an existing suitcase that lead from the garage to the kitchen area that eventually lead to the second floor. Applicants’ arch tect advised that although the suitcase appears to be mostly located at the upper level that at the lower level there was a great deal of distance between the two and it would be more convenient to allow access from the new suircase to the caretaker area. The applicants were advised of the directives of the code where interior access to the unit had to be the primary access because of the fear that some day the residential unit may be offered for rental use. Applicants quickly explained that there was iKver any rental use proposed that this unit was designed specifically for a full time caretaker who would reside at the property. Planning Commlsrion Recommendation - The Planning Commission recommended unanimous approval of the conditional use permit for the caretaker apartment within the second floor of the principal residence on the property located at 1400 Brackens Point Road subject to the condition that the second residential unit may never be used for rental purposes. It shall continue to be used by employees or nonpaying guests or members of family. Tte enclosed resolution has been drafted per the Planning CormnisskMi’s recommendation. Zoning Files 1867, 1868 October 4, 1993 Page 2 4 Application /1'1867 involves variances that would allow a lakeside deck to be located 2’ from the 929.4 resulting in a 114 s.f. of hardcover within the 0-75 ’ setback area. There was confusion with information submitted with application in reviewing the survey and the detail on the deck and access stair. Exhibit J does detail the proposed lakeside deck’s actual diiijension. The Shoreland Ordinance (Section 10.56, Subdivision 16 F) does not specifically limit a property to one access stair for lakeshore lots with steep topography. There are two existing stairs to lakeshore via grade level stone steps that provide access to the lakeshore but not to a dock. Applicants have advised that they have not made a determination as to the comprehensive improvement of the lakeshore property. Their position is that much of the existing improvements within the lakeshore lot along the east shoreline are historic and will require special consideration. As of this time, they have no defmite plans for any restoration but seek to install a new dock with an access stair from the activity yard to the southeast side of property. The property consists of some 620 lineal feet of shoreline along the east side and some 1,000 feet along the west side. The east shoreline has the steep topographies requiring access stairs. It was noted in the Plaiming Commission review that if the properties were subdivided based on the lineal footage of shoreline, three residential docks with access stairs could be installed along the east shore. The major concern for this review was the request for the lakeside deck where no such improvements are allowed. Applicants advised that the stnicture is needed to support an irrigation structure at ai^roximateiy 4’x4’ and the structure will also be used for storage of sections of deck during winter months. The deck will not be used for entertainment or recreation but will provide a landing for people to access boats at dock. The deck will contain a 6’ high pillar with light providing lighting for the users of the dock area. No other light pillars are proposed. Review Exhibit I. staff will recommend that applicants apply to the LMCD for dock permit for the 60’ dock located 20’ from the shared lot line with the property owner to the immediate south but will encroach the 20’ required side setback from lot liixrs extended into lake. Dock must be installed per current LMCD’s stamlards. Am>ther issue raised during the review of the application was that the most northern of the existing stairs was partially removed in error. A few of the upper level stone steps were removed and were inimediately replaced which technically require variance approval. The Planning Commission once again referred to applicants' origuul introductory comments noting the comprehensive improvement of the east shoreline is not currently plaiuied and will be addressed at a later lime. The Plaiuung Commission members had no problem with upper level stone steps being replaced. Zoning Files ^1866, 1867. 1868 October 4. 1993 Page 3 Planning Commission Recommendation - The Planning Commission recommended unanimous approval of the lakeshore setback and hardcover variances for the proposed access stairs and lakeside deck and replacement of stone steps within the 0>75 ’ setback area, subject to the condition that the deck shall be used only for the storage of dock sections and placement of irrigation structure and shall never be used for recreation or entertainment. The enclosed approval resolution has been drafted per the Planning Commission ’s recommendation. C. ch #1868 - The applicants have filed a coiKiitional use permit to allow the continued use of the detached guest house structure. The applicants propose no improvements to structure. The unit consists of a guest house, upper level caretaker apartment, lower level garages and greenhouse addition totaling 5.478 s.f. in area. To be consistent with other reviews, application must also include approval of a variance for an oversized accessory strucmre A maximum of 3,000 s.f. in area is allowed for an oversized accessory structure. Members were concerned that if a conditional use permit is approved for this unit would the findings of the interim ordirumce have an impact on the final upgrade of the septic system. As Bracketts Point has been cited as one of the hot spots, it would certainly be to the applicants ’ advantage to know the status of potential sewer to this property before thousands of dollars were invested in the upgrade of septic facilities. Staff advised the Planning Commission that at the time of the issuance of a building permit the applicants provided the City with a lener agreeing to install a new septic system prior to the issuance of a certificate of occupancy to restored principal structure. Planning Co nun issio n RecommendathHi • The Planning Commission recommended unanimous approval of the conditional use permit for the guest house with caretaker apartment and a variance for structure that exceeded the allowed area for an oversized accessory structure. The enclosed approval resolution has been drafted per the Planning Commission ’s recommendation. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION AND A VARIANCE TO SECTION 10.03, SUBDIVISION 9 (C-2) FILE NO. 1868 WHERE \S, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") a»e the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the continued use of a detached guest house structure wiA caretaker apartment and a variance to Section 10.03, Subdivision 9 (C-2) a« structure is approximately 5,478 s.f. in area where only a 3,000 s.f. oversized accessory tuucture would be allowed. Minnesou 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1868. The property is located in the LR-IA l.akeshore Residential Zoninc District reijuiring 2 acres in area. The property consists of 13.8 acres. The Orono Planning Commission reviewed the application on September 20,1993 and recommended approval of the conditional use permit and variance as proposed based on the following hardships or unique findings: a.The property consists of 13.8 acres and can easily support a secondi residential unit. Page 1 of 5 b. Structure docs not meet the required side yard setback but the nature of the structure and the uniqueness of this property would suggest that even if subdivided in the funire, this structure would never remain as a principal structure. c. The subject structure has existed for over fifty years. 4. The City Council finds that granting a conditional use permit to aMow the continued use of the guest house will not be detrimental to the health, saiety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed Icvci of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely served as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the affect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, tl» Orono City Council hereby grants a conditional use permit to allow the continued use of the guest house structure as it exists and to approve a variance to Section 10.03, Subdivision 9 (C-2) recognizing the guest house is approximately 2,478 s.f. in excess of the allowed area for an oversized accessory structure, subject to the following conditions: Page 2 of 5 1. 2. 3. Guest house structure and/or caretaker apartment shall never be used for renul purposes but shall continue to serve the owners’ employees and nonpaying guests. Applicants are hereby advised that if portions of the guest house structure located within the substandard side yard setback are considered for structural improvement that these improvements will require City approval. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successon and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) Page 3 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by Edward J. Callahan, Jr and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesou municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. this day of , 199___, before me a Notary Public within and for said County, personally appeared --------------------------------------------------- known to me to be the persoiKs) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Noury R*Mic STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this__________day of_____________________. 199___, before me a Notary Public within and for said County. personally appeared --------------------------------—^^ known to me to be the persoiHs) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared---------------------------^^----------- known to nic to be the person(s) described in 2nd who executed the foregoing instrument, aridlcknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199__before me a Notary Public wiuiinand for said county, personally appeared--------------------------------—r------- known to me to be the person(s) described in and who executed the foregoing instrument, and ^knowlcdged that he (they) executed the same as his (their) free and deed. NOTARY PUBLIC Page 5 of 5 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 FILE NO. 1866 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are the owners of the prc»perty located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the continued use of a caretaker apartment located in the second floor level of the existing principal residence. Minnesota 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This application was reviewed as Zoning File #1866 The property is located in the LR-IA Lakeshore Residential Zoning Dbuict requiring 2 acres in area. The property consists of 13.8 acres. The Orono Planning Commi.ssion reviewed the application on September 20. 1993 aikl recommended approval of the conditional use permit based on the following Findings: a b. Area of the caretaker apartment formerly served as a dormitory area for employees of the former owner. Interior »:cess is provided via the principal structure with a secondary access via a stair from lower level garage. Page 1 of 5 c. d. e. f. g- There is adequate area on the 13.8 acre site to address any parking needs. AoDlicants provided a letter to the City agreeing to install a CT^tem prior to tne City’s issuance of a certificate of principal stnictur. currently under major reconstruction and restoration. The apartment will not have separate utilities metered from the principal residence and shall not be assigned a separate address. The proposed location of the caretaker aparttnem and ^ pro^ condiliore under which it shall be operated or mainuined will n« be co^idered d^LenUl to the public health. «fety injurious to properties or improvements m the immediate neighborhood. The proposed conditmnal use will comply with each of the applicable provisions ol the zoning chapter. 4. -Hte City Cou«il finds •ta. iighT Ttt ^ po^a fill hazard or other danger will its use depreciate surtounding property values Zonimt of tiTpo^ will be in keeping with the intent and ob^ctives of the Zoning Code and Comprehensive Plan of the City, s The City Council has considered this application including the fm«li^» ^ welfare of the community CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings the Page 2 of 5 I 2. 3. The apartment shall remain for the sole use of the owners of the principal residence, including their domestic employees or nonpaying guests. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of October, 1993. ATTEST Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property OwiKr(s) Page 3 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day oi October, 1993, by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) day of ss. , 199 ___, before me a Notary PublicOn this_________ within and for said County, personally appeared ___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. , 199 ___. before me a Notar>' Public within and for said County. personally appeared ___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that te (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county . personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared ______________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed NOTARY PUBLIC Page 5 of 5 •Jlif iT I • 1 -- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10,22, SUBDIVISIONS 1 (B) AND 2 FILE #1867 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter "the applicants") arc owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached hereto (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of an access suir with landing deck to be located 2’ from the shoreline where a 75’ setback would be required and resulting in an increase of 245.5 s.f. of hardcover where 721 s.f. or .55% exists and where total hardcover is now proposed at 966.5 s.f. or .74% where no such hardcover is allowed. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Council of OroiK), FINDINGS This application was reviewed as Zoning File #1867. The properly is located in the LR-IA, Zoning District requiring 2 acres in area. The property consists of 13.8 acres. The Orono Planning Commission reviewed this application on September 20, 1993, and recommended approval of the variances as proposed based upon the following findings; Page 1 of 5 4. 5. A.131.5 s.f. of new hardcover results from access stairs allowed for lakeshore properties with steep hauls per Section 10.56, Subdivision 16 (F). 114 s.f. of new hardcover results with the installation of the lakeside deck. B The lakeside deck will not be used for recreation or entertainment but will serve as a storage area for dock sections during winter months, house an irrigation structure and a 6’ light post for safety and security purposes. C.Entire property has over 1,600 lineal feet of shoreline. The east shoreline with 620 lineal feet has steep lakeshore banks requiring an access stairs. The City Council finds that the conditions existing on this property are peculiar to it ind do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the fuidings and recommendations of the Planning Commission reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council htrchy grants variances to Municipal Zoning Code Section 10.22, Subdivisions i (B) and 2 to permit construction of an access stair and lakeside deck resulting in 966.5 s.f. or .74% hai^over in the 0-75’ setback area and the deck that will be located 2 ’ from the shoreline, subject to the following conditions: Page 2 of 5 L L 1. 2. 3. 5. 6. 7. Deck at lakeside shall never be used for recreational or entertainment purposes and shall provide area for storage of dock sections and irrigation structure. Applicants or applicants’ representatives shall obtain permit from the LMCD for installing a new dock at the shoreline. Such dock must meet not only required setbacks from the side lot line from land but must also meet the required setback from extended lot lines into lake. The proposed light fixmre shall be subject to the standards set forth in Section 10.60, Subdivision 8 whereby lights must be shielded downward and that light beams cannot be detected at the lot line. Light beams must be directed away from residential properties. Applicants are hereby placed on notice that all existing structures in the 0-75 ’ setback area are considered nonconforming and subject to all pertinent sections of the nonconforming sections of the code. Any structural repairs to these structures must be approved by the City. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 1 he under.signed applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared_______________________________ known to me to be the person(f) described in and who executed the foregoing instniment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally api->carcd________________^______________ ____________________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 5 To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator September 16, 1993 il^l866, 1867 and 1868 James and Joann Jundt, 1400 Brackett ’s Point Road Conditional Use Permits/Variances - Public Hearings Application #1866 involves a conditional use permit required for caretaker apartment within second floor of main house. The City has no record of a conditional use permit being issued for the property. Current owners propose major repair and alteration of original caretaker unit. The following ordinance is pertinent to this review: Section 10.23, Subd. 4 - Conditional Use Permit required for non-rental caretaker apartment. Refer to Section 10.20 (G) (2). Application #1867 involves variances to the Shoreland Regulations that would allow a third access stair to lake and a deck within the lakeshore protected area. The following ordinances are pertinent to this review; 1. Section 10.56, Subd. 16 (F) • Stairways, lifts and landings. The ordinance does not specifically limit a property to one access stair for lakeshore lots with steep topographies. Tlie property already has two access stairs consisting of stone steps. 2. Section 10.22, Subd. 1 (B) - Deck is proposed at lakeshore where no such structure is allowed. Structure will be located approximately 2’ from the shoreline resulting in 114 s.f. of hardcover per detail plans on boat dock/access stairs. Exhibit J. Per Exhibit I, survey of lakeshore, deck appears to measure 7’ X 10’ or 70 s.f. of additional hardcover. Applicant to clarify. 3. Section 10.22, Subd. 2 - Hardcover. 0-75’ setback area = 130,384 s.f. Existing = 721 s.f. or .55% (20,591 s.f. of area shown for puUic road is excluded from applicant ’s hardcover) Proposed * 966.5 s.f. or .74% Hardcover increase of 245.5 s.f. Application #1868 involves a conditional use permit to allow the continued use of the guest house structure with separate upper level caretaker apartment. The following ordinance is pertinent for this review: Section 10.23, Subd. 4 (once again rcfei to Section 10.20, Subd. 3 (G) (1)). Zoning Files #1866, #1867, #1868 September 15, 1993 Page 2 List of Exhibits A1-3- Applications B - Plat Map C - Property Owners List D - Hardcover Fact Sheets E - Weekman Report F - Survey G - Floor Plan of Main Floor Below Caretaker Apartment H - Floor Plan of Second Floor Caretaker Apartment I - Survey-Access Stairs/Boat Dock J - Boat Dock/Staircase Detail K - Hardship Statement L • Survey-Guest House/Caretaker Apartment Application #1866 - Conditional Use Permit/Caretaker Apartment/Main House Review Exhibits F, G and H. The applicants have been asked to file a conditional use permit to allow the major renovation of the existing caretaker unit on the second floor of the main house. A building permit has been issued to allow commencement of the woik, but kitchen area will not be installed until conditional use permit is completed. Refer to Section 10.20, Subd. 3 (G) (2) to review necessary standards for non-rental apartment use. Review Exhibit H. Access to the apartment is via a hallway that connects to the main house with a secondary access from a staircase from the garage below. The apartment shall be for the exclusive use of the domestic employees of owner. The caretaker apartment has never been assigned a separate address by the City. Review Weekman ’s memo. Exhibit E. Council adopted an interim ordinanc; that will delay the enforcement of the new Septic Ordinance and Shoreland Regulations as th<;y relate to septic systems that do not meet the required 3’ .separation from the bottom of the tr;nch to the seasonal water table. Brackett ’s Point has been classified as a "hot spot" which meins that this area may be considered by Couiwil for sewer. Such areas may be given special consideration but at this time nothing has been decided by the Council. During the 13-year sept.c inspection program, the system has never been found to be surfacing. Staff recommends approval of Application #1866 granting a conditional use permit for the continued use of the caretaker apartment subject to the condition that the apartment may never be used for renul use. Application #1867 - Variances to Shoreland Ordinance and Hardcover Regulations to Allow Third Access Stair and Deck at Shoreline Refer to E.\hibits I and J. As already noted above, there appears to be a conflict between the lakesbote deck proposed with the inlormation from survey and dcuil plans The access stair Zoning Files ^1866, #1867, #1868 September 15, 1993 Page 3 meets the standards set forth in the Shoreland Regulations proposed at a 4’ width with landings not exceeding 32. s.f. The applicant claims the deck strucnire is needed to support an irrigation iiiucture. Based on the detail plan, the structure appears to be 4’ x 4’ at a 4’ height. fiiVh' long stone wall extends to the north side of the lakeside deck. Detail plans also reveal a l'/^" wide cedar pillar with lantern at a total height of 6’. It is not clear from the plans where the pillar is to be located. Applicants ’ representative should specify location of light post. Please note boathouse attached to deck is not proposed. Statement of Hardship Refer to Exhibit K. Issues for consideration 1. Applicants ’ hardship statement notes that boathouse and stone step structure will be abandoned at some future date. Section 10.56, Subd. 16 (F) does not specifically limit the number of access stairs to a property. The property consists of approximately 620 ’ of lineal feet of shoreline and if subdivided into three lots could legally hold three residential docks with access stairs. 2. What is your reconunendation concerning lakeside deck at either 114 s.f. or 70 s.f.? Should the deck be limited to a specified area or dimension, i.e. 8’ x 4’ or 32-50 s.f.? 3. New shoreiand regulations do not address lighting for security purposes. The only ordinance limitaticMis would be setbacks for structures on lakeshore. If light was placed on diKk, LMCD rules would apply. Application #1868 - Conditional I se Permit for Cucst House/Caretaker Apartment Refer to Exhibit L. The City has received no floor plans of the residential units within the structure nor ha.s the structure b«n available for inspection by staff. TKe areas of the guest house and caretaker apartment have been designated on the survey. The struemre is also made up of a greenhouse structure and lower level three-stall garage. The structure is located 58 from the travelled 20 ’ wide public roadway and 3’ from the south side lot line. The applicant was asked to file a conditioiul use permit to aUow the contimicd use of the structure for non-rental residential use by either don^stic help or guests. It is suffs understanding that the second fliwr caretaker apartment is currently occupied. Applicant has no current plans to rcnuxkl structure at a 4' width with landingsto su^rt an irrigatiuii Miucture. «a4 height. A 3V6-long stone •lam a so reveal a 1wide cedar plans where the pillar is to be flight post. Please note boathouse a^ rtone sap stniciure wUI 10.56, Subd. 16 (F) does not property. The property consists and If subdivided into three lots access stairs. at either 114 s.f. or 70 nea or dimension, i.e. 8’ x 4’ or r/C»refaker Apartmenc I of the rcsidemial units within y staff, nje areas of the guest T- The structure is also made The structure is located 38’ di side lot line. a!k>w the coAinued use of the ftp or guests It is stafTs y occupied. AppiKaai has no Zoning Files 1866, 1867, #1868 September 15, 1993 Page 4The property consists of 13.8 acres and can support the second independent residential unit. The nature of the structure and the existing setbacks suggests that this property would never be subdivided to allow structure to remain as a principal structure. As Weekman ’s memo notes, septic system need not be upgraded until 1995 or sooner if future repairs require a building permit from the City. Staff Recommendation While major construction is underway, the building and surrounding property has been placed under special security. Staff has asked Kraus-Anderson to arrange for scheduled inspections for Planning Commission members and the Couticil representative to the September 20th meeting. It will be impossible for members to obtain access to the interior of the main house without scheduling a special time for your inspection. Please contact staff if you are unable to make the scheduled inspection for Planning Commission member. To recommend approval of a conditional use permit for the existing guest house/caretaker apartment unit for the property located at 1400 Brackett ’s Point Road finding there is adequate area to support a second residential unit and that structure is to continue to be for the sole use of the occupants of the principal building, including their domestic employees or their non­ paying guests. Applicant is also placed on notice that as structure is located within a substandard setback that any major structural repairs or expansion of this structure in the 30 ’ required side yard setback will require further review by the City. i’XTY OF OROiiO •“ Lt^iu /vx r x»o. wi-*.-i. PROPERTY LOCATION '. " { Site Address 1400 Bracketts Point Road» Oroiio, MN ______ Property Identification Number (P.I.D.) —1111723330001 ------------ ' Please attach legal description to application if not included on required survey. _____________ __________________________ APPLICANT Phone (home)_------------------------------ Name Kraus-Anderson Construction Compagy^cne (work) (612) 786--771 1____ Midwest Dxvision ^ Address «625 Rendova Street NE __ _ OWNER (if different than applicant) Phone (home)—---------------- N3iin6 James and Joann Jundt_ _ _ __ Phons - - -- - - - - --——- - - -- Address 2200 Huntington Point Road______City _Wayzata---------2i?_5^91—„ Date Property Acquired _________March 19,92^------^------ (month/year) I (do) (do not) also own the adjacent parcels __________________ PEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) X $150.00 Guest House/Guest Apartnents] _ _ _ _ $150.00 Duplex Credit/Bldg $250.00 Ccnunercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain - - - Grading ^nd filling - 101 cu. yd. or more i^^eshore .. Grading, seawall, retaining walls within 7o o. lake.hor- PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from ^ After-the-Fact Fee - Double Current Application . ee OTRBR APPLICATIONS ,$200.00 Conffliercial Site Plan Review (+ consu^ta.nt fe ) $250.00 Vacation - - - - $175.00 Easement Vacation - - - - $ 75.00 Easement Vacation With Subdivision ^ ^ - - - - $300.00 Reroning (POD - refer t.o fee schedule) $300.00 Comprehensive Plan Amendment ~ $100.00 Appeals _ _ _ _ Other - see fee schedule .1 V f H I 4 I ^ 4. ^ 4 4 W ^ 4 »Present Zoning DistrictPresent Use of Property _ _ _ ResidentialOther (specify) DESCRIPTION OP REQUEST Describe request in detail:Apartment in Main House REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can oL*- »i this list from Hennepin County Department of Finance A-603 Govern n Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if lai . alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified o' 's application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll" X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ _ _ _ _. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to thsf^best of his/her Jcnowledge. Applicant's signature Date OWNER.S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request Owner's signature \L Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant xs unable to attend a scheduled meeting, please make arrangements to authorized agent attend in your place and advise the Building S Zonxng Office of this change prior to the meeting. Margaret Kittinger, Beyer, Blinder, Be)le-Architects signed on behalf of James and Joann Jundt ft 01 JX c 'J ^4-J' P 1'r'^;j // (j CITY OP ORONO — VARIANCE APPLICATI^l^ ** Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1400 Bracketts Point Road, Orono, MN Property Identif. Number tP.I.D. )1111723330001- - - -. Attach legal description to application if not included on required survey. Date Property Acquired_ _ _March 1992_ _(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property; X residential other(specify) Zoning District;_ _ _ _ _ _ _ _ _ _ _ _ A m i APPLICANT Phone (home) Name Kraus-Anderson Construction CoropanyPhone (work) (612) 786-7711 Midwest Division Address; 8625 Rendova Street NE City; Circle Pine§. Zip: 55QU- - OMMER (if different than applicant) Name Janes and Joann Jundt Phone (home) 471-0299 Phone (work) Address: 2200 Huntington Point RdCity; Wavzata- - - - Estimated Construction Cost S 10.000.00DESCRIPTION OF REQXJBST Describe request in detail; Boat Dock Stairs VARIANCES REQUIRED Lot Area Lot Width X Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) RARD8BX P/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements . CITX OF OROJIO — GEJJERAL LAND USB APPLICATION^ ^-------------------------------------------------------------------------------------------------------- PROPERTY LOCATION .• ,• Site Address 1400 Bracketts Point Road, orono> ^-------------------------- Property Identification Number (P.I.D.) 1111723330001 ------------- 4^ Please attach legal description to application if not included on required survey. _______________________ Phone (home) ____APPLICANT Name Kraiia-Anderson Construction Compaw^one (wor)c)_(612_)__ZMzZ2iL_ NxaweSt DlVlSXOn . , . ccm a Address Rendova street NE___________ Phone (home) ^71-0299________OWNER (if different than applicant) Neune James and Joann Jundt__________ Phone ---------------- Address 2200 Huntington Point Road______ City —Wayza^___ Zip 55391 gndor?grngtfgjrc ^_the_alfff^J _____ FSBS - CONDITIONAL USE PERMITS - _______ $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (churchp school, etc.) X $150.00/Guest House/Guest Apartments $150.00 Duplex Credit/Bldg _ _ _ _$250.00 Coinmercial/Industrial Use __ _ _ $200.00 Land Alteration Grading and filling - designated wetlaud or floodplaxn Grading and filling - 101 cru. yd. or more laV^chore - - - Grading, seawall, retaining walls within 75 of la)ceshore _ _ _ _ PRD/PID - see fee schedule OTHER APPLICATIONS $200.00 - - - - $250.00 ~ $175.00 $ 75.00 - - - - $300.00 $300.00 $100.00 Other - Comm.rclal Sit. Plan R.vlew (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals see fee schedule 1 PRESENT DSE OF PROPERTYPresent Zoning District • ^ • Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: Caretaker's House-Apartment REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Henneoin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best^of his/her knowledge. Applicant's signature 3 the bes'^of Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request Owner's signature "1? Applicant must have all submittals into the City offices 25 days berore the Planning Commission Meeting. Planning Commission Meetings are held the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building * Zoning Office of this change prior to the meeting. Margaret Kittinger, Beyer, Blinder, Belle-Architects signed on behalf of James and Joann Jundt MM MTt 0a^t«/9S HE^>MEPIN COUNTY PROPERTY INPORNATION SYSTEM PROPERTY OltCRS LIST REPORT NO. PI4S5«01 PAGE 12MTCN m i m» AOM OMCR NMC TRMPAVIR '// rTs SS 11-117-21 S2 OOOf 01^ MACKITTS POINT RD J II JUNDT i HART J JUNDT JAMES II JUNDT SOX 1 CRYSTAL DAY MN 5552S 38 11-117-23 32 0010 0124S DRACKETTS POINT RO MICHAEL E LYNN III I HIFE MICHAEL A JORJA LYM4 III 1265 DRACKETTS POINT HAYZATA MN 55391 38 11-117-23 32 0011 01920 BRACKETTS POINT RD J R JUNDT I M J JUNDT JAKES R JUNDT BOX 1 CRYSTAL BAY MN 55323 .f' 6‘ TAMPAYiR NAME/AOOR 38 11-117-23 32 0017 01300 DRACKETTS POINT RO 6E0R0E S PILLSDURY ET AL DEORCi S PILLSDURY MOO FIRST DANK PLACE MPLS MN 55902 38 11-117-23 32 0018 01220 BRACKETTS POINT RD ELLA P CROSBY ELLA P CROSBY 1220 BRACKETTS POINT RD HAYZATA MN 55391 38 11-117-23 32 0019 01280 BRACKETTS POINT RO JOHN S PILLSDURY JR ET AL JOIRI S PILLSDURY JR 9600 FIRST BANK PLACE MPLS MN 55902 ■T j TAMPAYtR y. 38 11-117-23 33 0001 01920 DRACKETTS POINT J R JUNDT I M J JUNDT JANES R JUNDT DON 1 CRYSTAL DAY m 55323 38 11-117-23 33 0009 01950 DRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S i A LACHLAN REED 1500 DRACKETTS POINT RD HAYZATA MN 55391 38 11-117-23 33 0005 01980 BRACKETTS POINT RD R A L HEADRICK ROGER L A LYm C HEADRICK 1980 BRACKETTS POINT RO HAYZATA MN 55391 r mmm mm TAMPAYIR 38 11-117-23 33 0009 01500 DRACKETTS POINT RO MARTHA S A A LACHLAN REED MARTHA S A A LACHLAN REED 1500 DRACKETTS POINT RD NAYZATA MN 55391 TOTAL BATCH 009 00010 r- T 1 CERTirV THAT THC TACTS MPRCSEHTCO ARC AN ACCURATE AND TRUE REPRESENTATION OP INFORMATION AS IT APPEARS THIS DATE ON THC RECORDS Of THE HENNEPIN COUNTY DEPARTMENT (K PROPERTY TAXATION, TO THE BEST OF MY KNOHLEOGC AND BELIEF DATE BY . \ 1 J i T PnU HARDCOVER CALCULATION WORKSHEET • SETBACK ZONE: (CIRCLE ONE)0-75'/ 75--250' 250-500'500-1000 • # Existing Hardcover in Zone • • BOATHOUSE A # . ■ Hf**rf^ * ^f = 196 S.F, LENGTH WIDTH • •« X »S.F. X • • S.F. • X . S.F. X s S.F. B.• C. f^ADArtP X s S.F. Ilofi/CWAV X S 20.591 S.F. (Public) X 3 « S.F. 0.^ r ncwAf X X » 1QS S.F. stone Steps X 280 sx 50 S.F. X ••mm S.F. E.’at 10/ becK •• S.F. m e 1 AAinci^AP*? X 3 . S.F. areas UNDERLAIN nv X 3 . S.F. PLASTIC SHEETING * 3 S.F. X S S.F. /T riTuca X 3 S.F.•w • w V • • A B Li A ftd TfyfdC «»21.312 S.F. lUiAu n>^rtjjv.uv^ Total Property Area in |T| 21.312------5.|T Zone 1 -10.384. 130.384 S.F. Y lOQ - C .35 / B • • # •A* i y ■f' /'•• t ,r-. ir= r HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' I 75-^0'1 250-500' 500-1000' Existing H ardcover in Zone • • A A H ouse X • 8.386 S.F. •LENGTH WIDTH • Caretaker's House X s • 5.884 S.F. •X • a S.F. •X S.F. •X a S.F. n Main ^AO Aicr X —1-400 S.F. Caretaker's Garage 822 #•Do rvcwAV X s 7.375 S.F. V •2.700 X 7.340 s!f. 6.412 n ^ r nc'^Af y a 229 S.F.u • X 150 S.F. X a S.F. E. 1 ’at10/ Deck X » .1#600 S.F. 305 e f AMn^rAPC y _ S.F. areas UNDERLAIN BV S.F. PLASTIC • • SHEETING V »S.F. flHk ^ O • V A*y 120S.F. Tennis Court 7.200 G. Other X ■ ,S.F. r-' •I / Total H ardcover in Zone AQ ^^21 - S.F. Total Property Area in Zone 317.893 S.F.B 49.923 -rFTlMXJiSJ ----X 100 ■ —15j2 % HARDCOVER CALCULATIOH WORKSHEET SETBACK zone : (CIRCLE ONE) 0-75' 75-250' r250-500') 500-2000 Existing H ardcover in Zone P„ *• A>• KoUSr ' • S.F. •LENGTH WIDTH X S • F • X S • • S.F. • .X St S.F. X SI S.F. B. C. fiARAHr ^_ S.F. ripiV^WAY X 's 5,579 S.F. X zs 2,790 2,800 S.F. 0.^rncvjfif Y X mm .. S.F. X .S.F. X S.F. E.’at 10/D eck X » . # S.F. e 1Awn^riDC X s •S.F. AREAS UNDERLAIN BY . X sx S.F. PLASTIC SHEETING X • ss • S.F. X S.F. a. nrnPB X S.F.' • s • 0 Total H ardcover in Zone 11,169 , S.F. Q] A,. r . Total Property Area in Zone 155,515 S.F. A X 100 •7.10 B % i r«&Til iViiU I] iiio]#[•[•lilWI ^TTK i[«i» • Hit*.[I]M • r?TMTor?r?iKiri^>;^i]OOlT^^ I' h l'l!|c .^P'r I. ^ I ff ijv^vSi> / y inh 7/ / // 4)V ’ 0 1/= I *K<1../ii' / / r-'/;//p. v/y ////.fx jth Y ^ / ^4? ’ ?V / / /f / f" > j»S• m ► w X > W 37- H> S X ’ 3i 2 o y s N ioislio * S S I 7 C H ® ^ O 5 ^ iiv| li s S ^ / tiWIi A 'A \ 11S 5 5 ^ \ / /i / M rl / ■',y / // f/ \ *». I *> / ///^i ,/ ( ///.7f.^ V. "< /■ */ffi'i fpti\ ■ ':(-<mr -• - N>. fh ft '/ \ * . * r*>. k '''’ )/■ / / /74:' A/'V /(7? '/ N. ?jil * r I / / r V >(^1 r V , < >^ ' ^ V. wm Pi' lL V \ / / / \ / //.: V A % A \ r rA-vy'. >gr 7; ■ ' J’CiT ' ' [ // ••*. <iiomti^!% • I ^. *\ ♦ • « * ♦ Li V‘t V* \ 7 V. \ !j '■<. * >i \ f// j I: ■■' ,f I 7, \ W) > • ,*./ \Ui;, Ji \ JA -^/ / 2 * ® ill s U ^ LI ill f T> ^2 ' _ o'*‘ti P‘ IS p 5 “^ rrvi ;y S 3 V i • ! ^ • i ►BflVh f v ‘!^T) o o 0 M Oo h Xa ft ftcn cno K 0H- 0 ft cn Ha ow w 0 a w n o SISr* w -»cn > ^ 35 M o G cn W I — U J- TYP. vTTT O 2 ( K. 2 OB § Ktz T1 i :<- 8* . ImMM ^ 8 M, « August 27, 1993 KRAUS-ANDERSON CONSTRUCTION COMPANY a)\IKA( rOKS \ (ONSIKl ( I ION .UAS AC.fR'' Ms. Jeanne Mabusth City of Orono 2750 Kelly Parkway Orono, MN 55356 // . /-.-v; • I M // 1i ■j RE: Southways Residence Variance Application Boat Dock Stairs Dear Ms. Mabusth: The following list of items describe the hardship and unusual property conditions for this request: 2)No other access to lakcshore is av'ailable. The Owners want the stainvav more accessible to the new Pool/Tennis 4 Pa\illion House. Due to the steepness of the e.xisling shoreline this stairway is necessary. 5) The deck tliat is proposed for the lower portion of the slainvay is for the olacemem of lawn irrigation equipment. If you have any further questions, please feel free to contact our onice. Very truly yours. KRAUS.MMDt.RSON CONSTRlKH ION COMPANY MIDWEST DIVISION Scott A. Crawford Project Manager SAG:rh Midwest Division 8625 N.E. Rendovj Street. PO. Bo\ J58, Circle Pines, M.N 55<»14 Phone; (612) 786*7 . 1 1 FAX; (61 2) < 8<» 2650 Fiiii.il Oonortunilv Fmiilo'i’r / / / t<r w <\l to ^4/ce / ?t>se ; To: From: Date: ; Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator October 4, V)93 COUNCIL MSIM6 OCT I 1 1993 cmr OF ORONO Subject: #1873 Jack Edwards, 1340 Rest Point Circle - Variances - Resolution Brief Review of Application Applicant proposes a 12W x 4’ addition to the west side of the multi-purpose two-level detached structure. The application also involves a request for a storage addition measuring 8’ X 11 ’ to the east side of the lower level workshop. Both strucnires require street setback variances and hardcover variances as excesses of hardcover exist within the 75-250 ’ setback area. The garage is set back 2 ’ 9 " from the street lot line and the 4’ extension, because of the angle and placement of the garage on the property, will extend to approximately 2 ’ from the stteet lot line. The storage addition will be 17 ’ from the street lot line. No side setback variances are required for these additions. Hardcover within the 0-75 ’ setback area has been reduced 3.2% existing at 4.99% and proposed at 1 .8%. In the 75-250 ’ setback area there has been a reduction of 498 s.f. or 3.61 %. Hardcover exists at 40.1% and is proposed at 36.8%. The application involves the addition of 138.4 s.f. of structural hardcover and removal of 720 s.f. of non-structural hardcover consisting of brick patios, flagstone patios, pallet of flat stones and old concrete sidewalk. Over one-third of the hardcover removals arc proposed within the 0-75 ’ setback area. The Planning Commission reviewed the drainage concerns for the property owner as ^ City has a drainage culvert that outlets at the northwest comer of the property creating major erosion and flooding problems along the west lot lirie and the need to retain the flagstone walks as the properly is unable to maintain grass cover at .sleeper elevations. Applicant was asked to work with staff to improve existing grades within street yard between accessory structure and back of house so that grass cover can be maintained and flooding of residence eliminated. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the proposed variances for the property at 1340 Rest Point Circle and encouraged applicant to work with staff to improve erosion problems in rear yard and to encourage applicant to work with City at some time in the future to dea* with more severe erosion problems along the west lot line involving runoff from culvert. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 9 (D) AND SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.22, SUBDIVISION 2 FILE NO. 1873 WHEREAS, Jack Edwards (hereinafter "the applicant") is the owner of the property located at 1340 Rest Point Circle within the City of Orono and legally described as follows: Lot 19, and the southwesterly half of Lot 8, also the northeasterly half of the vacated public access adjoining said Lot 9, Rest Point Park, Hennepin County, Minnesota" (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of a 12'A* x 4 ’ upper level garage addition and an 8* x IT lower level storage addition to an existing accessory structure, the garage addition will be located 2 ’ from the street line where a 10* setback is required and where a 2’ 9" setback exists and the storage addition will be located 17’ from the street lot line where a 30’ setback is required, and where the comprehensive improvements will result in a decrease in hardcover within the 0-75* setback area at 124 s.f. or 1.8% where 4.99% exists and where none is allowed and within the 75-250’ setback area hardcover is proposed at 5,068 s.f. or 36.8% where 40.4% exists and where 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1873. 2. The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre in area. The property consists of 20,700 Lf. in area. Page 1 of 6 3. 4. 5. The Orono Planning Commission reviewed this application on September 20. 1993 and recommended approval of the variances as proposed based upon the following hardships or unique findings: A. The accessory structure has existed on the property for over 30 years prior to current zoning standards. B . If the structure was to bp moved to the south to meet the requir.-d street setback, steep elevations would require extensive filling. C. Doth proposed additions to the accessory structure will meet the required 10* side yard setback. D. The lot at 20.700 s.f. would be allowed 15% lot coverage. The applicant’s improvements are proposed at 2.557 s.f. or 12.3%. E. The applicant proposes 138.4 s.f. of new structural hardcover and the removal of 720 s.f. of non-structural hardcover; over one-third of the hardcover removals are located within the 0-75’ setback area. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the iqiplicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial prt^ierty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code aikl Comprehensive Plan of the City. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal 2^ning Code Section 10.03, Subdivision 9 (D), Section 10.25, Subdivision 6 (B) and Section 10.22, Subdivision 2 to permit additions to the existing accessory structure requiring an 8’ or 80% setback variance for the garage addition and a 13’ or 43% setback variance for the srorage addition and hardcover variances in the 75-250 ’ setback area proposed nt 5,068 s.f. or 36.8%, subject to the following conditions: 1 . Applicant shall complete certain grading improvements within the street rear yard in order to minimize erosion and eliminate flooding of lower basement at the time of the new construction. 2. 3. 4. 5. All hardcover removals are shown on Page 6 of this resolution shall be completed prior to the footing inspection for new construction. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 11, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The uiKlersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors aixl assigns, hereby agrees to the recording ol this resolution in the Chain of Title of the property. Page 3 of 6 Adopted by d*e City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October. 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Qerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of , 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instnunent.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PIJBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed ite foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 5 of 6 “"jxisK'ed^® ir....■. r>TC ft a ANDVACATED ALLEY, REST POINT PARK IN LOTS COUNTY, MINNESOTA Page 6 or 6 V<^v« To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator From; Date: Jeanne A. Mabusth. Building & Zoning Administrator September 16, 1993 Subject: <1^1873 Jack Edwards, 1340 Rest Point Circle - Variances - Public Hearing The applicant proposes a 12'/’ x 4’ addition to the east side of the detached garage requiring a street setback variance and a storage addition measuring 8 x 11 to the east side of the lower level workshop. The multi-purpose stmcture consists of two levels. A storage addition to the lower level would also require a street setback variance. Excesses of hardcover exist within the 0-75’ and 75-250’ setback area. The following ordinances arc pertinent to the review: 1. 3. Section 10.03, Subd. 9 (D) - Garage struemres with doors facing away from street and turnaround provided on site are allowed to be 10’ from the street. Required Existing Proposed Variance = 10’ = 2’ 9" = 2’ ± = 8’ or 80% Section 10.25, Subd. 6 (B) - Setback for storage addition. Required = 30’ Proposed = 17’ Variance = 13’ or 43% Section 10.22 Subd. 2 - Hardcover. 0-75’ .setback area = 6,930 s.f. Existing = 346 s.f. or 4.99% Proposed = l24 s.f. or 1.8% Reduction = 222 s.f. or 3.2% 75-250’ setback area = 13,770 s.f. Allowed hardcover = 3,442.5 s.f. or 25% Existing = 5,566 s.f. or 40.4% Proposed = 5,068 s.f. or 3t>.8% Variance = 1,625.5 s.f. or 11 8% Reduction in hardcover = 498 s.f. or 3.61% Zoning File #1873 September 16, 1993 Page 2 4. Section 10.03, Subd. 14 (C) - Review of lot coverage Total lot area = 20,700 s.f. Allowed = 3,105 s.f. or 15% Existing = 2,419 s.f. or 11.6% Proposed = 2,557 s.f. or 12.3% List of Exhibits A - B - C - D - E - F - G - H - I - Application Plat Map Property Owners List Neighbor’s Acknowledgement Form Floor Plan Elevations Survey Hardcover Fact Sheets Plan of Hardcover Improvements and Removals Description of Request The applicant proposes additions to the multi-use structure within the street yard of the lakeshore property requiring street setback variances. The garage addition will be located approximately 2’ from the street lot line and the storage addition 17’ Proposed improvements result in 138 s.f. of new stnicmral hardcover with the concurrent removal of 222 s.f. of non- structural hardcover within the 0-75’ setback area and 636 s.f. of non-strucmral hardcover in the 75-250’ setback area. Total hardcover removal is proposed at 858 s.f. consisting of flat stone patio and brick patio area, asphalt driveway, parking area to east side of garage and concrete sidewalk. The applicant advises it was impossible to remove the flat stone walkways along the west side of the lesidence as they help to stabilize the groundcover where surface drainage runs between house ’’tid lot line to lake from the City culvert that outlet*: at the northwest corner of the property. Drainage from road and surrounding watershed drains .lectly onto this property. The existing 18’ x 9’ garage stall is inadequate to house a larger size vehicle. The addition would allow applicant to store his car within the garage. Statement of Hardship Please review Exhibit A. Af^licant notes setback of existing garage and sharp drop in elevations to rear of 18’ wide garage. Both additions meet the required 10’ side yard. The Cir^ has received no negative comments from the adjacent neighbors who were advised of the improvements. j Zoning File #1873 September 16, 1993 Page 3 Issues for Consideration 1, What other hardcover improvements can be considered for removal? 2. Can an addition be made to this garage minimizing the intensity of the setback variance? Applicant had originally planned a storage addition to the upper level garage at the east side. Other issues raised by Planning Commission. Any recommendation for removal must include the condition that hardcover improvements scheduled for removal must be completed prior to footing/foundation inspection for new construction. *</§75 CITY OP ORONO - variance APPLICATIO i mr • ' ‘V 0 vA .1 / a r>) Initial Application FeeQn75.00. ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site fe;t e^iA)i diKlf-fhoM SS3!,‘< Property Identif. Number (P. I. D.) 7 - // 7 - ^_3 / Attach legal description to application if not included on required survey. Date Property Acquired —* /7v^ (month/year) I (do) ~no^ also own the adjacent parcels of land. Present use of property: residential _ _ _other(specify)___ Zoning District?_ _ _ _ _ _ _ _ _ _ _ _ _ APPLICANT Name Address: l^jP It^ City: /tlour/d Phone (home) ^7^ ___ Phone (worlc) _______ Zir,: OIINBR (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: ’tilt., 60DESCRIPTION OP REQUEST Estimated Construction Cost $— Describe request in detail: Allci( '“it) Q.KtS^f VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage X’ Setback:Front Side Rear ___ Average Lakeshore Other (specify) HARDSBIP/DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code reqi^reme^s:—-- - -^ SS‘- Jp , (attach additional sheets if necessary) REQOIRED SUBMITTALS All of the following information must be sxibmitted by the application deadline date in order for your application to be considered complete; 1. 2. 8. Completed Application Form _Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. _Plat Map (obt,ained with property owners list). 4. _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). 5. _ _Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8Jj"xll"). 6. _S)cetches or plans of floor & elevation views (provide 1 copy 8*i"xll”). 7. _^As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not coaplete if the above iafonuitiafi has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date AlUj <^7 /f3Applicant's Signature ONHBRS SIGNATURE The owner hereby ackowrfed^s 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 Signaturex^^^^ _ _ _ _ Date j. ^ Applicant must hSave a^ submittals into the City offices 25 days before vhe Planning Commissibiv-Mieting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Coesd.ssion and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Dullding s Zoning Office of this change prior to the meeting. MN Dm Oa/27/9S\9 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY a«IERS LIST REPORT MO. PI^35401 PAGE 10UTCH OOAPROP ADDRTAXPAYERNANi/ADOR SD 07-II7-2S Si 0007 OASIS NORTH SNORE DR N J RIDEIHOF ETAt H J R16EIN0F ASIS NORTH SHORE DR MOUND MN SSS6A SO 07-117-eS SI OOIA 01SA7 REST POINT ClR H E PINEGAR IRA PINEGAR HILllAH I REBECCA PINEGAR IS47 REST POINT CIR MOUND m 55S6A SO 07-117-2S 51 0017 01SS7 REST POINT CIR STEVEN M BECRAFT STEVEN M BECRAFT 1SS7 REST POINT CIR MO*.^ MN 55S6A > 9/ OmiR NiME TAXPAYER mME/ADDR SO 07-117-2S 51 0010 OISEO REST POINT CIR PATRICK RAY JURGENS PATRICK JURGENS 1520 REST POINT CIR MOUND MN 5SSAA SO 07-117-25 51 0019 0A5A5 NORTH SHORE DR HAROLD L ALBRECHT ETAL HAROLD L ALBRECHT A545 NO SHORE OR MOUND MN 55SAA SO 07-117-25 51 0020 01556 REST POINT CIR JANICE K OE MATTEO JANICE K OE MATTEO 1556 REST POINT CIRCLE H0UT40 MN 5556A i PROP ADDR DM€R NAME TAXPAYER 50 07-117-25 51 0021 01500 REST POINT CIR JACK EDUARDS KUTZ JAO( EONARDS KUTZ 1500 REST POINT CIR MOUND Ifl SS56A 50 07-117-25 51 0022 01562 REST POINT CIR J R A J K TAYLOR J R TAYLOR A J K TAYLOR 1562 REST POINT CIR MOUND MN 55566 56 07-117-25 51 0025 01560 REST POINT CIR KAO HANKINSON KEITH 0 A DONNA H HANKINSON 1566 REST POINT CIR M0UI40 MN S5566 \ PROP AODR OMNER NAME TMPAYER NANE/AODR 50 07-117-25 51 0026 01550 REST POINT CIR RICHARD I ANFINSON RICHARD I ANFINSON 1550 REST POINT CIR MOUND MN 55566 56 07-117-25 52 0051 01560 REST POINT CIR D A J BOIES JR DAVID B A JENNIFER BOIES JR 1560 REST POINT CIRCLE MOUND MN 55566 m TOTAL BATCH 006 00011 r * 00I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF. r DATE a G . "J ♦ Adjacent Property Owners' Acknowledgement Form I (we) Adjacent: rropcxuj ----------------- A^i a* , 4fty)ot_ JSMMLMiJhai^ . -P—:* , _ X 1 » ‘ (print addreis][print name (s)] ^ for the proDOsed improvement or proposed use of the r^pemTolafea also referred to as Land Use Application No , » j in executing this acknowledgement, I (we) am Ure, 'nris^d^declare approval o^-sapp^-^^ rwe?t/urerL:re“:f tS: r»rroverenr/l “ns^°n% that tL proposed neighbor ’s project or use requ^j^as Counc:’’ “ -----------irtyfifwner qC 4L- Date Property Owner Date I (we) (print name(s)l of (print address] Application No. , * j i->ia4- in executing this acknowledgement, I (we) amI (we) understand that in executxny . nT><^nAri^v or use (are) not asked **'®'’* th^ rerroverenrpY/ns^:nd\\Vt\L proposed neighbor ’s project or use requires Council approval. laoperty Owner f-J7- fJi Date Property Owner Date If you have any information that may **®^*^^^* ^^to""the^^ ."- “J « I 13 wo edcOftKi S. f^esi ft)V/t)f Ziycle i—c ^ ^ ^ y y I ' : i r':-i It i- I I t t • • . 1 j ‘ : i . l/ I • I r r • : I > I I t t I 1 - • . : i ’ I t t I I < t t p. . f----r- - I « —---- ♦ • #• I 1 1 I : f i t f i I ! I t f ' / ’ /*! ! • • ' ■ I I 'A Ui ' f>n>fbsej UJ T T J i l^ .C A t>♦ * - * * / . uxr. •* ;3Vo ■E.c^a;w^c<s(Rwf sJyx.le'h'-/' J.* * ^ « ' i « 1'i‘tO (?«+ fh'iiJi ti\rcle'k / — — ~ ^ <m m \J\eu) ~b 1i fj r , 1 CERTIFICai 1; OK SURVEY FOR JACK EDWARDS IN LOTS 8. 9. AND VACATED ALLEY, REST POINT PARK HENNEPIN COUNTY. MINNESOTA ■ ■% • V ji' / ;Ve -''r ■•»• ttf'/; vA* • : dtnotii if9A tiftef Itl • : iron Mirlngt iff biitd •« qf »tfWiSiS lUiHUg. tot f. i04 to# loyt H»o 11# r (if hslf •# Ul t, #lft# iHf n§rfh§i$%§rlf of t^O victtoO pm^iu occoit oOjoioiof %«i0 tot O^ioit Ootol ^11 %or«t| mitllill to Ol^oo IM IO«OtlO«» of 0« Oiltiioi tfiM* ft^OfO. iMM. OM tto l#0ill#o of on fliiOlo oo^tcovor IMftofi. II tMI Ml 0«ft#o| (# oM« 009 0|o#? toll t# oocrooc^ftoAii. on f J.ACf^tPM^APOr>f-zr-?y HARDCOVER CALCUUTION WORKSHEET SETBACK ZONE: (CIRCLE ONE)(^"0-7^1^75-250' 250-500' 500-1000 Existing H ardcover in Zone ( A. H ouse ' • x •0 • 28*« • » • « • ••• , S • F • LENGTH WIDTH X S. F. = 27 S. F t X w V 1 V SiF 1 X S.F. B. Garage x a S^F. c. D riveway ........... x 8 S.F. X .. • S.F. D. E'EWALK X 2.S.F. 7: --■ U,'.. X • * * • 4 S.F. X _ ’« S.F. '■ P at ^ .fii^(‘?2 rv S.F. F.Landscape ' 12.S.F. AREAS UNDERLAIN BY X S.F. PLASTIC SHEETING X S.F. yf ce 2.5^' E^/4,- 0^S.F. G. Other x S.F. V ■ Total H ardcover in Zo^ie #34i(.•i.p; A 1 Total Property Area in Zone b^3o S.F. HI 6^3 Q X 100 - ^^ J Puy/^^?D5 7/ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE! (CIRCLE ONE) 0-75' (^^25^ 250-500' 500-1000''/t Existing Hardcover in Zone A. House 1^45"S.F. LENGTH WIDTH ‘ CP', t 74 w05 s? Li. CT. 5tV/uf5 3. Garage X :447 c. D riveway 4ifi+ /t ^ . Sidewalk y E;l I fr. ^ = 46<7 >T,a er L^AaAc,c. Patio / (50 67e F.Landscape AREAS WAU; * t- - iO pfci^ i/g fP<yvT.O.-/v<(ag . Ill8 !i>./:iL tr^ P/I^kly9/IB 22^ G. Other Total Hardcover in Zone 5^U S.F. S.F, S.F. '-t- S.F. S.F. 101^ S.F. -IlScJ^ S.F. S.F. S.F. t; ^ j, S.F. S.F. S.F. S.F. S.F, S.F. S.F. Total Property Area in Zone /-T. 770 .... rn LiL-B • /J.77 0 X 100 - ^ / To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc, City Administrator ' / From: Date: Subject: Jeanne A. Mabusth. building & Zoning Admimstrator October 4, 1993 OCT 1 1993 CITY OF ORONO #1663 Mark Johnson, 4465 Bayside Road A. Extension of Effective Period of Preliminary' Subdivision Review B. Final Subdivision Approval List of Exhibits A B C D E F G Resolution - Approval of Extension Resolution - Fi.^-il Plat Approval Resolution No. 3014 - Original Preliminary Plat Approval Resolution Final Plat Drawing Robert Rosenberg, Applicant ’s Attorney, Letter of October 1, 1993 Demolition Permit Preliminarv Site Plan A. Extension of Effective Period of Preliminary Subdivision Review Review Exhibit E, the applicant ’s attorney requests an extension of the preliminary subdivision approvals ’ effective time period. Per Section 11.10, Subdivision 15, the subdivision regulations allow for a one year date for preliminary subdivision approval. Per that same section, the City may extend the period by agreement with the subdivider subject to all applicable performance conditions and requirements. The City has extended the effective period of preliminary subdivision approval for residents who subdivide their property when circumstances beyond their control created delays as in this case. The City has also extended the effective period of preliminary subdivision approval for developers where subdivisions were h>cated either within or adjacent to the p('tential evp.insion corridi>rs foi Highway 12. Please review I'xhibit E. applicant's attorney has provided a very complete summary of the events since preliminary sulxlivision approval on September 9, 1991. ♦ If Council denies this request, applicant will be requied to file a new prelinunary plat application The original public hearings held on July 15 and August 19 of 1991 generated no public interest. I'he Planning Commission recommended unanimous approval and on September 9. 1991 the Council voted unanimous approval The Park Dedication Fee of S2.544 has been paid as well as all other outstanding fees Applicant has obtained the necessary demolition pcniiit to complete the removals of the Ican-to addition and shed attached to the existing bam (review l:xhibits F and G). The property is located in the outer extremities of the shorelarel area of l^ike Minnetonka (North Aral Bay). The existing septic systems are both conforming. Zoning File #1663 October 7, 1993 Page 2 Options of Action ^ 'to tkny applicant ’s request for an extension of the effective period of preliminary subdivision approval and to require applicant to file a new preliminary subdivision application with the City; OR To adopt the enclosed resolution extending the effective period of preliminary subdivision approval. B. Final Plat Approval The applicant has completed all conditions set forth in the preliminary subdivision approval resolution. Resolution 3014. The enclosed resolution has been drafted per the original directives set forth in that preliminary subdivision resolution and may be acied on by Council if the effective period of preliminary subdivision approval is extended. A RESOLUTION GRANTING AN EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY APPROVAL FOR A PLAT AT 4465 BAYSIDE STREET - FILE NO. 1663 WHEREAS, on September 9, 1991 the City Council of the City of Orono adopted Resolution No. 3014 granting preliminary approval for a plat proposed by applicant, Mark Johnson, at 4465 Bayside Road; and WHEREAS, the effective period of preliminary plat approval would normally expire one year after the adoption of Resolution No. 3014, such expiration date being September 9. 1992; and WHEREAS, in an attempt to fulfill the conditions of preliminary plat approval, the applicant chose to file for a torrens title of registration of the property which process was expected to be completed within a few months from November of 1991; and WHEREAS, in early 1992, the torrens title had to be amended to include the interests of Brent Johnson, applicant ’s brother; and WHEREAS, on September 14, 1992 the torrens action was completed and because of changes that had taken place in the status of the title, original mylars were no longer accurate and needed to be replaced along with new signatures that were not completed until September of 1993; and WIILRKAS, applicant ’s attoiney requested in writing that the effective period of preliminary plat approval be further extended to accomnuxlate the filing of the final plat which request was submitted on October 1. 1993. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the elfectivc period of preliminary plat approval for Mark Johnson ’s prorH)scd plat lor the property located at 464o5 Bayside Road as approved per the conditions of Res«>lution No. 3014 be extended to October 11. 1993. Page 1 of 2 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 adop»ed subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered this application for a subdivision of a plat by Mark Johnson, the subdivider (hereir after "the subdivider"); and WHEREAS, on September 9, 1991, the City Council approved Resolution No. 3014 granting preliminary approval for the plat of the property located at 4465 Bayside Road; and WHEREAS, on October 11, 1993, the City Council adopted Resolution No. _____granting an exter,sion of the effective period of preliminary subdivision approval to October 11, 1993; and WHEREAS, the proposed subdivision has been found to meet all standards of the RR-IB Rural Residential Zoning District finding that each lot is of a size and configuration that will allow the continued use of the developed lot for single family residence use and the undeveloped lot to be fully developed without the need of any variances; and WlIEREiVS, the subdividcr has completed all rcquiicmcnts of tlie platting regulations of the City, including: I 3. Completion of all the requirements of Resolution No. 3014. Dedicatit)!! on the plat of right-of-way for a public road shown at Bayside Road Dedication on the plat of drainage and utility easements. 5. 6. Creation ot Outlet A that is not contiguous with Lots 1 and 2 and is divided from the remainder of the property by a County road. Said lot shall be designated as an unbuildable lot and available for combination with adjacent residential properties on nonh side of County Road 84 or Bayside Road. Payment to the City of a Park Dedication Fee in the amount of $2,5 ‘W.OO. Payment to the City for the legal review and filing of the plat, and other documents in the amount of $150.00. 7. Payment to the City for the final plat application fee at $150.00. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Johnson Wheeler 1st Addition, Hennepin County. Minnesota, subject to the following condition'. 1. Access to Lot 1 shall remain via an existing driveway that serves the existing residence. • 3. 4. Access to Lot 2 shall be achieved via an existing private drive along the cast side of the property owned by the applicant. Upon the sale of Lot 2, applicant shall grant an access easement in favor of Lot 2. Such access must be located at the extreme southeast comer and to extend no further north than 25 ’ in order to maintain a 20’ separation setback from the principal drainficld site. The 30.4 ’ x 18.4’ bam on Lot 2 shall be removed by October 11, 1994 if a building pcmiit has not been issued for residential constaiction by that date. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Reci>rder ’s Office or Registrar of Titles Office on or before April 11, 1094 together w ith a certified origiiul copy of this resolution and executed copies of either easements or covenants noted above. I’age 2 of 3 The approval granted by this resolution shall expire if the plat cannot be filed by the date specified above. In that event it will be necessary to file new application with the City of Orono for .subdivision review. Dated this 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Tlie foregoing instrument was av’knowledged before me on this 11th day of October, 1993 by Edward J. Callahan and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 o o ■f'V > 5*. \\ ' -Ar > "'o'v'vo* e CITYof ORONO RESOLUTION OF THE CITT COUNCIL NO. 3014 A RBSOLU>^ION GRANTING PRELIMINARY APP1»*~.VAL FOR A PLAT AT 4465 BAY'IDE ROAD PILE NO. 1663 WHEREAS, Mark Johnson (hereinafter "the applicants") on June 21, 1991 filed a formal subdivision application with the City for approval of a 2 lot residential plat of property legally described as follows: Refer to Exhibit A, attached (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Subdivision Regulations, the Orono Planning Conrniission held public hearings on July 15- 1991 and August IS, 1991 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 9, 1991 the Orono City Council considered the subdivision application of Mark Johnson, noting the following findings of fact: 1. The property is located within the RR-IB Rural Single Family Residential Zoning CJ.strict requiring a minimiom of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of 4.41 acres. 3. The proposed plat contains 2 lots each meeting or exceeding the 2 acre minimum lot area requirement. 4. Septic testing for Lots 1 and 2 have confirmed there is adequate area for both principal and alternate on-site sewage treatment sites. 5. All existing structures meet the required setback from the newly defined division line. 6. All lots have been designed so that they meet all lot standards of the RR-IB Zoning District. Page 1 cf 4 O O1 \ \» .n i'-, 1 ^ '•Hp.sho'^ CITY of ORONORESOLUTION OF THE CITY COUNCIL NO. 3014 Required IBprovements Applicant shall agree to demolish/remove the 12.3' x 16.4' shed and 40.5' x 22' lean-to/pole barn additions from the existing original barn by November 9_ _ _ _, 1991. Applicant must obtain a demolition permit for the removal of these additions. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application for Mark Johnson for the property located at 4465 Bayside Road per the survey revised June 24, 1991 by All Metro Land Surveyors, subject to the following conditions: 1. The 30.4' x 18,4' barn on proposed Lot 2 shall be removed within one year from the date of final plat approval if a building permit has not been issued for residential construction by that date. 2. Access to Lot 2 shall be achieved via an existing private drive along the east side of the property. Access must be located at the extreme southeast corner to extend no further north than 25' in order to maintain a 20' separation setback from the principal drainfield site. 3. Outlet A shall be designated as an unbuildable lot and available for combination with adjacent residential properties on north side of County Road 84. It should be noted that Outlot A is not contiguous with Lots i and 2 and is divided from the remainder of the property by a County road. 4. Upon preliminary approval of this subdivision, staff is directed to sut^nit the subdivision application to the City Assesor so that a park fee can be determined. The park fee •is based on 8% of the current market value of the property in an undeveloped state. Payment of park fee shall be due upon the filing of the final plat application. 5. Future owner of Lot 1 is placed on notice that existing residence does not qualify for duplex use per Or<^no Municipal Code Section 10.26, Subdivision 3 (A). The present finished habitable area in the lower level of the residence does not qualify for sleeping room/bedrocn use. Page 2 of 4 o o n:V V V. '''> .V-^-jX-v^ O’ ■?^E sbo ^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. Per Section 11.10, Subdivision 15 of the subdivision regulations of the Municipal Code, preliminary subdivision approval is effective for one year from the date of this approval (September 9, 1992). Failure to file a complete final subdivision application within this time period shall be construed as formal withdrawal of the proposed subdivision. PINAL PLAT SC7BMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"»'200'. Drawing to include: a) Lot lines platted per preliminary survey by All Metro Land Surveyors, revised date June 24, 1991. b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property lines. c) Property on north side of County Road to be designated as Outlot A. B. LEGAL DOCUMENTS required; a) Title opinion addressed to the City. All owners, mortgage holders or ethers with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. C. FEES TO BE PAID; Total Due $300.0 0 ± Park Fee a) Park dedication fee to be determined by City Assessor based on 8% of total property in undeveloped state. Applicant will be advised as soon as the City Assessor has submitted his determination. Page 3 of 4 // // II o o\ >« A. ' / // ,//' GlTYof OROXO RESOLUTION OF THE CITY COUNCIL NO. 3014 b) Final plat fee of $150.00 c) Legal review and filing fees of $150.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of September, 1991. ATtr Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. USDA S. VEll notary public • MINNESOTA HENNEPIN COUNT • txptres 6-12-96 Pace 4 of 4 ClTi Cf uRvHO Fim 'f^CE uFFICE i‘£i0200m^ ,.^ ^ .01 QEH 3oOm 00 1350200000 ^ ^ ' d OEN 2544,to CHECK TL 2344.00 KECEiyT-rnm you H250550 cool HOI J06:5vii/27/9 RESOLUTION #3014 EXHIBIT A Legal Description: ^ oThat part of the East 3/8 of Northeast 1/4 of the Northwest 1/4 of Section 6, Township 117, North Range 23, West of the 5th Principal Meridian, lying North of the South 870.0 feet thereof, EXCEPT therefrom the East 30.0 feet lying South of the County Road Number 84, according to States Governmenc Survey the United thereof and situate in Hennepin County, Minnesota. RESOLUTION M3014 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy H. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on September 9 . 19 91_. and that the same is a true and" correct co~py of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 17th , day of September , 19 91_ _.. allin. City Clerk (SEAL) o i » 5 m « 4 f 5i* t j {\ * I 4 ' • \ ) ROBERT MERRILL ROSENBERG P » O f C 88 • O N A * \SSOCiATtON L A WVC n SUITE 2500 ONE financial f^lA7A 120 south sixth STREET MINNEAPOLIS. MINNESOTA 55^02 facsimile 349-9962 TFLEPHONF 349-5290 AREA CODE 6 1 2 October 1, 1993 City of Orono Minnesota Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55353-0066 Attn: Ms. Jeanne A. Maybusth Building and Zoning Administrator Re: Plat at 4465 Bayside Road Resolution No. 3014. Dear Ms. Maybusth, Thank you again for your courtesy in our recent phone conversation concerning my request that the Council extend the expiration date of this Resolution to permit the presentation of the final plat of two residential lots (one already developed) and an outlet. I represent Mr. and Mrs. Mark Johnson, who are in the process of splitting a 4.41 acre parcel at 4465 Bayside Road into two lots. Through circumstances not fully within the Johnson's control, and the presentation of the final mylars of the plat for approval has taken longer than Initially anticipated. The application to split the property was made in the summer of 1991 and a public hearing held before the planning commission in July of that year. The proposal was approved, and presentea to tha Council which gave preliminary approval to the plat at its meeting of September 9, 1991. That preliminary approval was to expire one year later. Concurrent with the plat approval process, a decision had been made to Torrens the property under the new ••Certificate Poseeesory Title” procedure prior to the actual filing of the plat. That proceeding was filed on November 29, 1991, and as tn new proceeding does not require a district court judgment, it w anticipated that it would be completed within a few months. MlAw ^AW ClAU'ST CiSTl^'CO *y T m€ MiNNitOTA ■TATf ASSOCIATION e ROBERT MERRII L ROSENBERG PROrCSSlONAL AnSOriATION t A W V L M October 1, 1993 Page 2 Tn earlv 1992 Mr. and Mrs. Brent Johnson, who were buying the Miltiig hlus4 on the property obtained a mortgage commitment. This necessitated Mr. and Mrs. Mark Johnson conveying the f interest in the property (which had been subject to a contract for daed) so that financing could be placed on the residence. The finance transaction also necessitated an amendment to the ?orrenS application to reflect the changes in ownership and lenders. These necessary changes to the Torrens application were made and ?l;rprSceeding resumed, with a final directive being issued on September 14, 1992 (a few days after the resolution expired). Because of the changes that had taken place in the ^ . title the original mylars were no lonier accurate, and it an Additional 8 months after the conclusion of the for the surveyor to complete the necessary changes in P dedication as to ownership and secured parties. SUSSES returned. Following signature by the lender, the plat was ®lso the surveyor, and is now ready for submission to however we are clearly beyond the period for the prelimin y approval resolution. It is ray understanding that the Johnsons timely paid the $30C Final Plat and Legal Review Fee, and have paid in full tne $2,544.00 Park Dedication Fee. The requirements of if any. that may be required. Robert Merrill Rosenberg e pi^0ff8lilONAL AlSOCtATlON t AWYtR October 1, 1993 Page 3 , behalf Of Mark and Pat Johnson I wouldIn conclusion, on " ^itv extend expiration date ofrespectfully r«quest that the city exten P ^Sy\rLbl:!t?n“r:;^r?ied «??hcut th. need of lir?he? Searings before the planning coaunission. Very truly yours, cc: Mr. and Mrs. Mark Johnson. CITY OF ORONO T335 Brown Rd. South • PO. Box 66 Crystal Bay. Minnesota 55323 (612) 473-7357 PERMIT TYPE: Permit Number: Date Issued: BUILQIN6004283 04/24/92 SITE ADDRESS:4465 BAYSIDE RD LSV P.I.N.: 06-117-23-21-0001 DESCRIPTION DEMO BARN Building Permit-Type j Building Work.Type •_ OEMO-ACCESSORY DEMO-ACCESSORY«• REMARKS: FOUNDATUDNS SHALL BE COMPLETELY REMOVED FROM THE GROUND FEE SUMMARY: Base Fee Surcharge Total Fee $30.00 $30.50 7A /Vt W* V • V V CITY OF OriClHQ FLYiAHCE OFFICE 1315100000 01 CFH 1222200000 01 CFH fACU Ji ^1lcei P7-iv ^^k you ^ fi2402/0 cool Cx'JlllOi Vl'24/ m%/yi 30,50 CONTRACTOR OWNER: “ Applicant - ! JOHNSON MARK 4455 BAYSIDE RD ORONO MN 55359 1(612)472-2276 - iSPECtFIED.A ^I'liOWNOlOAOir «• • ONPLIANCE.WITM ALLtCITY OF %r^w i A QLCOOEJREQUIREMENTG Jtr >LaJW yJ 1 TO: FROM: DATE: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator October 7, 1993 COUNCIL MEEnNfi OCT J 1 1993 cmroFORONO SUBJECT: #1869 Sidney and Barbara Rebers, 2080 Wayzata Blvd. - Vacation of Easement and Vacation ot New Easement - Resolution Brief Review of Application In the plat of Sugar Woods, easements were designated and dedicated for the extension of sewer lines through Outlet F of the commercial zoned property. The original 30’ easement dedicated within Outlet F as shown on Exhibit G no longer serves any purpose as the sewer line was realigned at the time of construction in order to save mature trees. The realigned sewer line has been also shown on that same plan. It is now a question of housekeeping to create the new easement and vacate the original easement so that City will have legal access to sewer. The description of the new easement has been accepted by the Engine tr. review Exhibit F. Applicants will execute a new drainage and utility easement as a conditio : of approving the vacation. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the proposed vacation subject to applicants granting easements for existing sewer lines subject to the City Engineer ’s approval. The enclosed approval resolution has been drafted for Council ’s review and action. A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF S»^»AR WOODS, SECTION 34. TOWNSHIP 118 RANGE 23 IN THE CITY OF ORONO, MINNESOTA FILE NO. 1869 WHEREAS, the City of Orono is a municipa. corporation organized and existing under the la\/s of the State of Minnesota; and WHEREAS, on August 27, 1993, Sidney and Barbara Rebers filed a petition with the City of Orono requesting the vacation of a drainage and utility easemc it originally dedicated in the plat of Sugar Woods, legally described as follows: All that part of the 30’ wide drainage and utility easement in Outlot F, Sugar Woods, according to the plat thereof on file and of record in the office of the Registrar of Title, Hennepin County, Minnesota, lying northerly of a line drawn parallel and concentric with and distant 30’ northerly from the southerly line of sakl Outlot F; and WHEREAS, after due published and posted notice, a public hearing was held before the City Planning Commission on September 20, 1993, regarding said vacation and all interested persons were given an opportunity to be heard; aiKl WHEREAS, aPer due standing and consideration, the Planning Commission recommend approval of die proposed vacation and the Council of the City of Orono finds that sa ’d vacation as proposed ir. in keeping with the public interest and in consideration of the tollowing findings: 1. The City does not intend to expand additivinai municipal sewer lines within the 30’ easement area. 2. The easeniem as it exists serves no public purpose. Pace 1 of 2 NOW, THEREFORE BE IT RESOLVED, that the petition of Barbara and Sidney Rebers is hereby granted and that the drainage and utility easement legally described above is hereby vacated subject to the condition that applicants file drainage and utility easements over existing sewer line that serves the Sugar Woods Plat. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held on October 11, 1993. ATTESTED BY: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by E^dward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of On>no, a Minne.sota municipal corporation and said instrument was c.xecuted on behalf of Uie City. Notary Public Page 2 of 2 c5. To:Orono Planning Commission Members Mayor Callahan and Orono Councilmcmbcs Ron Moorse, City Administrator From: Date: Jeanne A. Mabusth, Building & Zoning Administrator September 13, 1993 Subject:/I'1869 Sidney and Barbara Rebers, 2080 Wayzata Boulevard Vacation of Easement/Creation of New Easement At the time of the installation of the sewer lines to serve tlie Sugar Woods subdivision, a decision was made in the field to realign the line so that mauire trees could be saved. The line was installed along the north side of the ponding area and along the west side of Brown Road rather than as originally shown on location map, Exhibit G. The current application involves the vacation of the original utility dedicated at the time of the final plat and the creation of new easements. The following ordinances are pertinent to this review: 1.Section 10.12 - Vacation of easements vacated in the plat of Sugar Woods. The vacation involves easements dedicated within Outlot F over proposed sewer lines. 2.Section 11.03, Definition 66 (A) (3) • Subdivision code requires a metes and bounds subdivision with the creation or alteration of a public easement. Applicant shall be creating new easements over ponding area and utility line. List of Exhibits A B C D E F G II I Application Applicants’ Addendum Property Owners List Plat Map Description of Easement to be Vacated Proposed Easement Dcscrip'ions Plan of Easement to be Vacated ami Proposed Gustafson Report Sugar Woods Pond and Utilities Plan and Profile Description of Request Please review Exiiibit B, applicants’ addendum provides background on the proposed vacation and .subdivision for the creation of a new utility easement. As already noted abttve, the lines did not follow the easement designated on the final plat and were altered at the time of installation. I he current application will now redefine easement over as-built sewer line mmlm 1 Zoning File September 13, 1993 Page 2 Please review Exhibit H. Gustafson report. Gustafson asks for changes in the description of the easements to ensure that a minimum 15’ is maintained from center line of sewer. Staff Recommendation To approve the proposed vacation and subdivision of a metes and bounds division creating a utility easement per the condition set forth in the Engineer s report. The vacation/subdivision application will not be presented for Council s action until the revised legal descriptions have been reviewed and approved by the City Engineer. CITY OP OROHO - GB2JERAL LAND USE APPLiyjriO.^ --■— --------------------------------------------------~JJm ’' ~ {: ”* i ' ^ PROPERTY LOCATION Site Address No Address Assigned J^o^o aJA ; *r><ii 'j w ^f Property Identification Nunber (P.I.D.) 34-118-23-24-0058 ------------ Please attach legal description to applicaticn if not included on required survey. _ jgg Attached Exhibit A __________ APPLICANT Name BRW, Inc. Attn: Keith Dahl Phone (home) N/A _________Phone (work) 612-370-0700 Address 700 Third Street South ____________ City Minneapolis Zip 55415 OWNER (if'different than applicant) Marne Sidney B. Rebers_____________ Address C. -r - y „ ~7 Phone (home) Phone _______ City ______Zio uDate Property Acquired __ _ _ _ _ _ _ _ _ _ _ _ __ _ (month/year) I (do) (do not) also own the adjacent parcels of land. PEES - CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application _ _ _ _ $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use _ _ _ _ $200.00 Land Alteration ^ Grading and filling - designated wetland or floodplain -- - - Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75 of lakeshore PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application ree OTHER APPLICATIONS , „ . fees)$200.00 Commercial Site Plan Review (+ consultant feesj -- - - - $250.00 Vacation - - - - $175.00 Easement Vacation v/ $ 75.00 Easement Vacation With Subdivision $300.00 Rezoning (PUD — refer to fee schedule) ”””””” $3 00.00 Comprehensive Plan Amendment $100.00 Appeals d ^ y ~f~ Other - see fee schedule r PRESENT USE OF PROPERTYPresent Zoning District Commercial B1 Present Use of Prooertv Residential Other (specify) Vacant DESCRIPTION OP REQUEST Describe reguest in detail: Request for vacation of Drainage & Utility easement and creation of new easement conforming to as-built location of ____ sanitary sewer. See attached letter.____________________________________ REQUIRED SUBMITTALS 1. Comoleted Application Form. 2. Certified Property Owners List of owners within 350* (you can obtai this list from Eenn^pin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic suryey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) POR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the b^st j)f his/her )cnowledge. Applicant's signature Date August 25. 1993_____ OWNERS SIGNATURE The owner hereby ac)cnowledges and agrees to this application and further authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature ______________________________________ Date ___________________ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authori2ed agent attend in your place and advise the Building * Zoning Office of this change prior to the meeting. w fr August 26, 1993 .•r* {. iL.i; .// B R W INC. Plainiin>; TMn>p»>rtanon Lnv;itHvnn^ t’lban IX*si^n Tliri*>h'jr Square T{V Tlurd Slrti't Siv Minnoapiuis. MN hi 2/370-41700 Fax hi: ^70-I37H iX’in IT Mihv aiiktv l>rland4» PhtHTUX Portland Sin IXcgi' Seattle tXuiaUl U Kingro**i‘ Kuhard P Wt'isfeld Fh»»ma'i F Carri»ll Craig A Anujrul't n iKuiaUII Mil |i>hn M \K Samara hard l > Plignm pair S IkH Wmann JcfftTN I IWnMm Ralph C Blum Gary ) LriiAsiHi lohn C I vrn h Paul s a»% Sabri A\ 1/ Gar\' A hhr»*t Anthonx ! U-p|.Hftinann Ar»|> Pakaln^ Martha NUl't^'r Hi>v%ard P [VfVM% P Pf»*^t Ms. Jeanne A. Mabusth Building & Zoning Administrator City of Orono PO Box 66 Crystal Bay, Minnesota 55323-0066 RE: Request For Easement Vacation And Creation OUTLOT F, SUGAR WOODS Dear Ms. Mabusth: With this application, Sidney and Barbara Rebers, owners of OUTLOT F, SUGAR WOODS, hereby petition for vacation of a portion of a Drainage and Utility Easement within their property and also request that new easements be created to replace the one being vacated. To provide some background information for this request, in 1989 the owners platted and developed the northerly portion of their property into single family homesites. The sanitary sewer system serving this development commenced at a lift station located adjacent to the north right-of-way line of Highway 12 approxim.ately 250 feet west of Brown Road. The sanitary sewer system was desigr»xl to commence at the lift station and run generally northeasterly to the southeast corner of single family development and from there run along the west side of Brown Road until entering the "neighborhood". When the proposed route v^as laid out it was fou*id to run through a mature forested area and that its installation would destroy a large number of the trees. At that time it was decided, in order to minimize the impact on the vegetation, that the sewer ’“'ould be realigned to run within the easement area in which the storm water pond was to be built. See the attached copies of Sheet 8 of the construction plans for the as-built location of the sanitary sewer line. It is necessary to both vacate the easement area where the sewer was initially intended to go and in turn create a replacement easem«it for the sewer line. Ms. Jeanne Mabutsh August 26, 1993 Page 2 -s f: {dAV i, O'fc Accordingly, we have prepared and enclosed copies of both the vacation and creation legal descriptions. Also enclosed is a survey showing those locations. In compliance with your requirements, we have also enclos^ a Certified Property Owners list and mailing labels for properties within 350 feet of OUTLOT F. Should you need anything further to complete the easement vacation end subsequent replacement, please contact either myself or the project engineer, Mr. John Bertelsen, at 370-0700. Thank you for your cooperation in this matter. Respectfully Submitted, BRW, INC. Keith E. Dahl, RLS KFD/jal Enclosures cc: Mr. Sidney Rebers File 1359A.00 sugar.kd2 iCRUN DATE 08/16/9SDATCH 009PROD AOOR OHNER NAME TAXPAYER NAME/ADOR PROP ADDR OMCR NAME TAXPAYER NAHE/AODR PROP AODR ONNER NAME TAXPAYER NAME/ADOR PROP AOOR ONNER NAME TAXPAYER NAME/ADOR PROP AOOR ONNER NAME TAXPAYER NAME/ADOR 30 39>110-2S 12 000300A90 BROlPI RO N KATHRYN OUNCANSON K A A C OUNCANSON 6T0 BRONN RO N LONG LAKE MN 55356 30 34-110-23 21 0015 02109 SU6ARNOOO OR DAD AHLERS DAVID M A OIANE R AHLERS 2109 SUCARIOOO OR LONG LAKE MN 55356 30 34-110-23 21 0010 02103 SUGARNOOD OR S M A A M LASKY STUART N A ANN N LASKY 2105 SUGARHOOO OR ORONO ft! 55556 SO 34-110-23 21 0022 02104 SUGARHOOO DR REOERS CONSTRUCTION CO REOERS CONSTRUCTION CO 3524 HEBSTER AVE MPLS MM 55416 30 34-110-25 21 0025 02110 SUGARHOOO OR C TAKACH A M G TAKACH CSABA A MARIA G TAKACH 2110 SUGARHOOO 0R long LAK HN 55556 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OTWERS LIST30 34-110-23 12 000400650 BROIOl RO N TANA R SEIBOLD TANA R SEIBOLD 650 BR0t«4 RO N LONG LAKE MN 55356 30 34-110-25 21 0016 02107 SUGARHOOO OR L CRAMER COMPANY L CRAMER INC 5500 LINCOLN DR EDINA Ftl 55456 SO 34-110-23 21 0019 02101 SUGARHOOO OR MELVIN H CORNILLAUO ET AL MELV1N/J0SEPHHIE CORNILLAUO 2101 SUGARIKXIO OR LONG LAKE W 55556 30 34-110-25 21 0025 02106 SUGARHOOO OR REBERS CWBTRUCTION CO REBERS CONSTRUCTION CO 3524 HEBSTER AVE MPLS FM 55416 30 34-118-25 21 0026 02112 SUGARHOOO OR SCOTT LARSON CONST INC SCOTT LARSON COIBTRUCTION CO 15075 ELOOIE LA MlttlETONKA Ffl 55345 report NO. PI435401 PAGE 2930 34-118-25 21 000202160 HAYZATA BLVO H HILLIAM H HEAR A HIFE MINISTERS LIFE/INV OEPT 3100 H LAKE ST MPLS W 55416 50 5-.-118-25 21 0017 02105 SUGAm'KXlO DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 HEBSTER AVE MPLS HN 55416 30 54-116-21 21 0021 02102 SUGARHOOO OR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 HEBSTER AVE MPLS 55416 30 34-118-25 21 0024 02100 SUGARHOOO OR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 5524 HEBSTER AVE MPLS MN 55416 30 54-110-23 21 0027 02114 SUGARHOOO OR REOERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3524 HEBSTER AVE MPLS MN 55416 I or I !'•/W'v/ T 4r 4. « 4 T 1 \ PROP AOOR 0»MER NAME TAXPAYER NAME/AOOR 30 34-110-23 21 0030 00050 ADDRESS UNASSIGNEO SUGAR HOODS IIOMEOIORERS ASSOC SUGAR HOOOS HOMEOIOCRS ASSOC 3524 «BSTER AVE ST LOUIS PARK MN 55416 50 54-110-23 21 0052 00050 ADDRESS PEFWING SIDNEY 0 A OARBARA REBERS SIDNEY B A BARBARA REBERS 3525 HEBSTER AVE ST LOUIS PARK MN 55416 30 34-110-25 24 0001 02120 HAYZATA BLVO M HILLIAH NEAR CTAL HILLIAM H HEAR 56 HACKBERRY HTLL LONG LAKE MN 55556 I miN DATE 0a/l«/9SBATCH 009PftOB AOOil (MCA NAr« TAXPAYER HATC/AOOR PROP AOOR (»t<R NAHE TAXPAYER NAMC/AOOR PROP AOOR 9MER NAME TAXPAYER NAME/ADOR PROP AOOR OM«R NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR TAXPAYER NWC/AOOR HEWEPIN COWTY PROPERTY INFORMATION SYSTEM PROPERTY OI«JERS LIST30 3A-11S-23 2A 0050 00030 AOORESS PENDING SIDNEY B A BARBARA REBERS SIDNEY B A BARBARA REBERS 3525 NEDSTER AVE ST LOUIS PARK MN 55416 72 34-110-23 13 0071 01964 HAYZATA BLVD H STATE BA»K OF LONG LAKE STATE BAM( OP LONG LAKE 1964 NAYZATA BLVD N LONG LAKE MN 55356 72 34-110-23 24 0014 00522 VIRGINIA AVE J J A S M RUFF JOHN J A SHARON RUFF 14016 MOLLNAY OR MIFACTONKA MTJ 55305 72 34-110-23 24 0025 02045 NAYZATA BLVO H 0 CREAR A N B CREAR OAN CREAR 1900 SPATES AVE HAYZATA 194 55391 72 34-110-23 24 0020 00525 VIRGINIA AVE JEFFREY L MARTINEAU JEFFREY L MARTINEAU 2565 NORTH SHORE DR NAYZATA MN 55391 72 34-110-23 24 0039 02045 SHAUCWCSSY CIR JAN INVESTMENTS JAN INVESTMENTS 4341 KINCSVIEM LA N MAPLE GROVE F94 55369 72 34-110-23 13 000301953 HAYZATA BLVO N WESTERN HEIA4 CO PI0T4EERS NEST HEN44EPIN PIONEERS ASSOC 1953 N HAYZATA BLVO L044G LAKE MT4 55356 72 34-110-23 24 0002 02073 HAYZATA BLVO H GREGORY M SHAUGHNESSY LONG LAKE FORO TRACTO!? INC 2073 H HAYZATA BLVO P 0 BOX 697 L0I4C LAKE HN 55356 72 34-11B-23 24 0015 00512 VIRGINIA AVE G M SMITH A T M SMITH GARY H A TERESA H StIITH 512 VIRGINIA AVE LONS LAKE 194 55356 72 34-110-23 24 0026 00545 VIRGINIA AVE 0 CREAR AND CREAR OAN CREAR 1900 SPATES AVE HAYZATA MN 55391 72 34-110-23 24 0029 00515 VIRGINIA AVE O A C SMEBY OMEN H SMEBY 515 VIRGINIA AVE. LONG LAKE Mirt< 55356 72 34-110-23 24 0040 02065 SHAUGHNESSY FIR NORTH CENTRAL EQUIP CO NORTH CENTRAL EQUIP CO P 0 BOX 250 LONS LAKE T94 55356 REPORT NO. P14S5401 PAGE 3072 34-110-23 13 001001977 HAYZATA BLVO H KERRY NASSAUCR ETAL TRILAKE INVESTMENTS 125 1NGERS014 RO MAPLE PLAIN m 55359 72 34-110-23 24 0013 00522 VIRGINIA AVE J J A S M RUFF JOHN J A SHARON RUFF 14016 KNOLLIUY DR MINNETONKA tR4 55305 72 5^-118-23 2^ OOU 00512 VlRGiraA AVE G M SMITH ATM SMITH GARY M A TERESA M SMITH 512 VIRGINIA AVE LONG LAKE MN 55356 ( *4.N f 1 72 36-118-23 26 0027 00535 VIRGINIA AVE MARGARET E NILKES MARGARET E NILKES 535 VIRGINIA AVE LONG LAKE MN 55356 9f ♦ 72 56-118-23 26 0036 02069 NAYZATA BlVO N M R A I B ROD THOMAS A HATSLET C/0 STATE BAtt: OF LONG LAKE BOX 636 LONG LAKE MN 55356 72 36-118-23 26 0066 02025 SHAUGHt4ESSY CXR GREGORY M SHAUGHt4ESSY GREGORY M SHAUCmiCSSY PO BOX 697 LONG LAKE MN 55356 4' V I I i t t RUN OATC 0«/U/9S BATCH OOTPROP AODR ONNER NAHi TAXPAVCR NAHE/AOOR PROR AOOR OMCR NAfC TAXPAYER NANC/AODR 72 S<k-llB-25 2A OCH^ 02073 NAYZATA BLVO H GREGORY N SIIAUGHNESSY long lake ford tractor INC 2073 N HAYZATA BLVO P O BOX A97 LONG LAKE Ft4 55356 HEMNCPIN COIRITY PROPERTY INFORHATION SYSTEH PROPERTY OHNERS LIST72 36-110-23 26 006600560 VIRGINIA AVE PAUL S GOSMGARIAN ET AL P S A P GOSMGARIAN 5665 LAKEVIEH DR HOUND MN 55366 TOTAL BATCH 006 00036 REPORT NO. PI65S601 PAGE 3172 36-11S-23 26 005202085 DANIELS STQUENTIN P NCIISTROM ET ALLAKE ENGINEERirn INC P O BOX 787 2085 DANIEL ST LONG LAKE MN 55356-0787 I CERTIFY THAT THE FACTS REPRESENTED A*2 AN ACCURATE AftO TRUE REPRESENTATION OF INFORMATION AS IT APPk XU", THIS DATE ON THE RECORDS ■ J (-0 * “' • o f r. * C ’4 T’W ’'1 ;5) )^ \ ^'9) ^« u «2> V 1 ' • ■ * 7 _i.r ••JV J ■ ”' j ! t ( t 4.-.• *1 l»■n ? « 7' c? _______ii' J *^\;? : 1 ,___ . > » t 1 ' • -• u'«i 5 4 ‘ , - in) C|1 #1 < ') .- —lUi..| rt V .* f> . 49 JiAa ___» r JLiLlL •rrrr !' ! . ' *►*' • *1 1 : (% ■f « 1 t 1 61 mp"1 [.. A». »'••< ( r ? ?) ■-,, -------1-—n-a _____i--------£J-i —i£iJii ------------------ V I ^ s-WAYZATA BLVO WTT^-. “ ^ ,............' ""v ^ M« 4 « • j i.i .1 • • I *i- 1» W»T ♦>! >/ t»‘ ■’• 2d1'-aji-' xrsr 9t>rr [lI: Ml ettnmi * L4 • f (iW c « § (4®) ni) ---------------LS- ^ 1^ A & « • <r^. ^ T> / X. : : • r :■ • '• -4 • * - 1 d» ni • t:» • f ..5 4' .<♦* u-' « ^ ( 0) ill) :' jd ( 4^.) ____a 1 !■ I « •» H y •4T ’ » (») f f •» l» «• •« *.’ M •^r ^ t * w ■{ kP,V‘ * *" S0O9inemuus \ I -' \l: ^ Y i V J *«M ;;• 4» i ^i. V • ;* [ •*"* >ry-u-) . ( ; ' , * Ir • W • ' f ' V f r ■'*"! •■ -V V V / 1 wy .V; m M < '\*\ **' <- \\y.hs:\ ■>yys I 'j -;i rr X • » • '•) ■\ ■. *y ‘T\ . / K/ • •**• ..M* A:.JG:;.-,r 2. 1393 VACATIvM r'ESCRIPTION ‘■'r.ONC, !“iINIiEcOTA per” of the 30 foot wide Zrainege & rtilitv Eaoeraent in '••'UTL07 ?. cUjA?. woods, aoooidin? tc the plat thereof on file and of reorord in tne office of the Registrar of Titles. Hennepin County. >N ^ A . % 1 t • * « *. L A A W •r a ii:i . '.-.‘irh ^ •• »i •* • • ••feet n: »-the: ..y froT drov;n parallel ard concentric ^ o ^ -I A %»% . V A A • W W ^ •id' ^ n •! •' • * w *•' A * • neny line of •iiSAMlkiti__uutd 1 '•1. 4 ■'■' '1 - m^"¥li AUGUST 2, 1993 REVISED OCTOBER 6, 1993 PROPOSED EASEMENT DESCRIPTION OUTLOT F, SUGAR WOODS ORONO. MINNESOTA A p*nuin9nt •asement for public utility purpoaea over* under and aoroaa all that part of OUTLOT F, SUGAR WOODS, according to the plat thereof on file and of record in the office of the Regiatrar of Titlea, Hennepin County. Minneaota. deaignated aa DRAINAGE BASEMENT FOR PONDING PURPOSES on aald plat: and A permanent eaaenent for public utility purpoaea over, under and aoroaa all that part of aaid OUTLOT F lying northerly and %veaterly of the DRAINAGE BASEMENT FOR PONDING PURPOSES deacribed above, and lying aoutherly and aoutheaaterly of the following deacribed line: CoMBoncing at the northeaet corner of aaid OUTLOT F: thence on an aaauned bearing of South 00 degreea 22 minutea 23 aeoonda Eaat along the eaaterly line of aaid OUTLOT F for 152.71 feet to the actual point of beginning of the line to be deaoribed: thence South 89 degreea 37 minutea 37 aeoonda Weat ror 119.16 fMt; South 25 d#cr#oo 21 ninutoo 19 204.03 feet to the aoutherly line of aaid 0UnX>T F and there terminating. f-V 4- OUTLOT NORTHEAST CORNER OUTLOT F .............EAST LINE ' OUTLOT F POINT OF BEQNING -......PROPOSED EASEMENT A :% mopnseo EASEMENT aor MAMACE I UltlTY EASEMENT . W'v ':m ■pmm SOUTHERLY OUTLOT r trunk Highway No ’2/wayzata blvd i JMOK BT €mmr that this survey was PWAWD BY ME, OR UNDER MY DIRECT UNO mjR^YOR UNDER THE 0| 1HC STATE OF MINNESOTA.DENOTES EASEMENT TO BE VACATfD sMi R«f|.tS418 f ' f f;. . Un; i. - t i \- f >:.- : T ' I.. -■ lit'- T H-' I t 1/14 Bonestrao SM Rosene /^nderWkft |\|| Associates ffngInMrt A ArcMtcctt OroG ipntaw> ff Mrr W iMfnt n* Jom^C Andffift.fC Uwvi L kvvjy ffiChMlf Vntff ff Gimn ff Coon fff ThomM I Nojff% fff R d MR G ScMtCfff. fff SulinM iMtffnCM *Sfnor CmutJni A tonM ffC Ml A Goffton. H ligbgit ff WM. PI (Mwf W Mvf PI OMO tofftou Pf •MtC ffUMft. AIA iffiy A touffton. Pf IMA Hinton. Pf September 13, 1993 %dff ML PI rnomm t AMnon. AiA OmMC fkAfUdiPf ThofiiM f Angui PC hmwtlMngt. Pf IA(fi«f« P tmi PC AgnHM ffmg AtCP pnApj ^ Thomn W Iffwrioa PC licnjm C Lyncfi PC jjMin ff IMnd Pf Jtfvy O PC ko« J AigmfiiPC Mif#i P Andmon PC IMff WlPC IMA MPff G0yW Monm PC OMt i fOgMon PC A ncilcMdL PC IM O PC PC L ^idpGrswfl Pf Mn L Wffffitn. PC Gary O CnMct PC f Ib^fomf Pf Ml ff YM PC OougiM 3 imoc PC 9%nnn D GuttUfton Pf CfcAo OMT Pf PffiaG Hfuft PC JM P GoM. PC ChWi A Cotton LfoM PaMIty HMnM C.ion Mrtf ingrffuidi //i Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Sugar Woods Ba.sement Vacation File No. 139-1869 Dear Jeanne, We have reviewed the request to vacate and create easements on Outlot F, Sugar Woods. The vacation is requested due to a realignment of the sanitary sewer constructioo across the property. As it is shown on the survey, the vacation is not acceptable. Tire survey shows that the realigned sew<'r is within the drainage easement for ponding purposes and proposed easement to be created. However, dimensions are not shown from the sewer to the edge of the easement and the distance appears to be from 8 to 14 feet. Because of the close proximity of the pond, we would require at least 15 feet of utiUty easement from the centerline of the sewer at any point along the realignment. This is consistent with the easement to be vacated. The easement description and survey should be revised. Please contact me at this office if you have any questions regarding this matter. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. Shawn D. Gusufson, P.E. 88M If 81. iffi fitti • ftl M ■ III iMli "■■ ■. i'i- B-'- /■V:^ • ■Iri :■■■Vr^-'" ^ ..-'v hM I' t : •ft!*; fe « « - //- TOi nioiit wnt COUNCIL IIEriliib Ron Moorse, City Administrator John R. Gerhardson, Public Works Director October 6, 1993 tUBJICTt $th a Final Payment a Change Order Water Tower Project Attached for review and approval is the 6th and final payment for the Water Tower project. As noted in the attached letter from the City Engineer, the amount requested is $62,596.50 and «re recommend payment in that amount. Also, attached is a change order directing the contractor not to fill around the base of the water tower as the City performed that work with City forces and an extra cost of granular material to build the driveway to the water tower. The net change order amount is a deduct of $1,437.00 and we recommend approval of the change order #2. m ■JJr-- •1 n l/y Bonestrao Rosene AnderNkA AssociatesInginccrt A ArchitectsSeptember 29,1993 City of Orono Box 66 Crystal Bay. Minnesota 55323 Attn: Mr. John Gerhardson ORoG Bonma BE BdM W Bl»jQMph C Anderl*. BE Marvm L Sorvala BE ftchaitf i Ibmfr BE Genn f Coofe. BE Thornas E Moyn BE tkJbm G Schunchi BE 5usan M EOBfiin C BA Consutjrv M0d»Pd A SarlM BE Mfl A Gomi BE ftjbrt • BibBHr EichaaJ W fotm. be OMt O louiota. BE Robftf C CiAieb. A» A Jerry A Boudon BE Mara A Kar>ton BE MKhjft r Imxmanrt. BE BEThomas E Andmoh. A j A OonaasC BiBgaast BE Thomat € Andui BE ismae< Martmex. be Mchaet B Eau. BE Agrvt M Emg. AlCB Bh«i^ j Byhf. BE Thomas W ^ifhon BE Mchjfi C lyhcn BE jjmn E MaiM BE jerry o Brtnch BE Sceci J A^ianea. be Kennfih B Andfrioh. BE Mam t ML BE Mam A Se^ BE Gary W MOr«f> BE Oaruef J Edgmoa BE A Bet SchmidL BE Bnap J CaitMta. BE Mam D \Ma>i be Mm 9 Mnmt BE i Bh«d GMMt. BE Eamn L Warnfo BE GayO an«Q#4i be E Md Bolter BE Kech ff vaop BE OoughM J Benoc BE Shadan O GuiUhon BE CaUO OiMfr. BE Baui G Hrurr BE Johrs B Goidtr. BE ChartHA Emkson mom Bawntmy HMoM Odon jjmn B Engeman* 'A w Re: 400,000 Gallon Elevated Tank Our File No. 13954 Dear John: Encloaed herewith are three signed copies of Request for Payment No. 6 A F for the above referenced project Also enclosed are four signed copies of Change Order No. 2 for the prefect The final request is in the amount of $62,596.50 and includes payment primarily for releasing of the retainage. Change Order No. 2 is a two part change order and the details are outlined in the next paragraph. This project has been satisfactorily completed with an punch list items completed and documenUtion provided. We therefore recommend that this City accept this project and make final payment Change Order No. 2 involves to changes made to the project scope regarding the site work. During the initial phases of the project during constructkMi ot the accem road to the tank, additional amounts of very poor material was encountered. This additional poor material beneath the access road was mucked out and gram'ter material was hauled to s tabilne the road. This resulted in an extra of $1,313.00 add to the contract. The second part (d the change order is a deletion of the final grading and splash pad on the Contract *Ihis final grading is to be done by the City. The results in s $2,750.00 deduct for not performing this work. The net value of this Change Order No. 2 is a deduct of $1,437.00. The final contract amount for this project is $593,713.00. i St. BmA MM ffitl • Ell-Eii EiOO ' *4:' II pi ••>:.• . r 1Sf«:;§ss^;- 0.<mr■4'"''b' j'k t--: IlK w Please eaecttte the final payment request and Change Order No.2 and distribute as indicated on the Change Order form. Please give me a call if you have any questions. Very Truly Yours, iL’ ... ••i;c . /.C i. . ii■■• ■ ■• 4 ■:■' A K ry'n ¥:■'f:h %y- f mr.y y' i’i": y' jy frii: h: y: 2 1 Omm City of Orono, 1335 Brown Rd S, PO Box 66, Ciystal, MN 55323 Dale S«^cmber20, 1993 For Mod Febniaiy 23. 1993 to September 16. 1993 Rc^ncatNo. 6RFinal Oinlnrlnr Pitt-Des Moines. Inc.. PO Bon 1596. Des Moines. lA 50306 RBOUEn* FOR PAYMENT 400,000 Gallon Elevated Water Storage Yank I'ile No. l.t9S4 y ■- ■ SUMMARY 1 Original Contract Amonni 2 Chanta Order • Addition 3 Ckange Order * OeAiction 4 Reviaad Contract Anoiint 5 Value Cowpleted to Date • Mnlicial on Hand 7 Anionnt Earned S f Snb-Tolal W II AMOUNT DUE HUS REQUEST FOR PAYMENT NO. 595.1SOiU $ $1,437.00 6&Final 59S,713 jOO S93.7I3J00 OjOO 59A7D4NI 5991.7U40 S31.tKJS 42,9Ml59 fer Aftproval tqf: A ASBOCIAIES^ INC Approved ty Contractor: OfiS MQMBR INC Approved l«y Owner cmr OF ORQNQ, MN 9^\ II e: Novaim 3011918 Dair. # amm BM A « 4milOI> Pht«d Cni—Of 14L0fMtto i , >r» 11 k%h witr tewel iffcidiag; r 5jC ■ I •olai p«b iM^lk • VOID; nodilied 1 i: # p: % Kf-**i Li LS LS LS LS LS LS LS LS LS LS LS LS LF LF RPI rite 'I »Ii I5.- 1A20IU» it.4oaoo 5SJSOOO 3I4MUI0 4M00 ItZjOOOiO lomflo 7340Q l0P TQlfOQJS 4J«LflQ 2.300100 SSt2.150J» 2a00 ADD 3.00DFDUCT II II 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% S.40000 IA20000 1^400100 3UOtOO I It SftOO m • ■' Unit MtfWp I 'ftfhMMs bsiWMS flpprovcil dM^a aad ««Ml total pib lM«th ia lisa of S2Q1F ADO fw addi bi^ih aad S3/LF deduct for ladaoMl la^h i '*! i •ocfc pili mm 10 fc«t ia bigib LF (10)Siam (10)(lOOl^ '."■3 EA 1 sioaoo 1 _,naaa lopi * •A;' LS LS ■ A ■ii. UI3i» (2.79BJ00) ijim TalalKiA UMlMat wsm Tatal Warft Caa^biad to Om 4USXMi^ sm,mm RM -# TT FAYMBIfr WATlia Oly ofOroao 400^000 Oailoa Elevated Water Storage Tank Noi I-;. it " - V !■# ,;W> I3«4 ntt-Dee MoiMf. Ik. ■i^r Nei I 2*20>92 Mo4Uy mil price oa fomdalioa piiag 2 9>l6-99 AM lor cilra fill natcrial; Deihicl lor tile ^adiag nodificaiim ■SI.437JOO i-fei 41.4I7JO0 Ni. ?:■ Anrii^ p' i Start 5-S-92 tHI30.75 KS342S $mjmM 2 5.S4S •>21-t2 13a492j00 II422.7S 2IM«J» )•4142 f^M-12 t77;444J0 2l4i7.7S ff A, : 4 *PsS-. • %u-n IS4I-S2 H747J5 2USSJ0 33S.IMJi I0.2I-92 ^23•93 t7yynii 27.953J0 S51U01MO • 2-23-S3 «-14>93 C2.SMJ0 Oj OO HS.7I3J0D i- i- t M pr AAFtoal SS«.713 j 00 Oj OO SS«,ISMi (unji) SS«k.7l3JI0 S9«,7IJJt HP-3 A. . ?.. - -f :rAUa^..:d.m City of Orono, PO Box 66, Ciyslal Bay, MN 55323 Dale September 16, 1992 Coetractof PHi.pcs Moines, Inc., PO Bok 15%. Pcs Moinca. lA 50306 Bowl Co. ' " Cbaage Order No. 2 OIANGE ORDER NO. 2 400,000 Galloa Elevated Water Storage Tank FUe No. 13954 Tbis change order provides for excavating an aildiiiooal 12* of poor material from the iMrett road and replacing it with an additional 80 cubic yards of granular material for the indicated lump sum. Ilus change order also eliminates the final site grading and concrete splash pad from the project requirements for the lump sum deducted below. Change Order No. 2 Additional access road excavation & add’t 80 CY of granular fill Delete final site grading & splash pad Total Change Order No. 2 Uail Uail LS LS UI300 (2,750.00) l,313i)0 (2,750X10) ($1,437X») Original Cdniract Aaaount Previous Change Orders This Change Order No. 2 . DEDUCT Revised Contract Amount (including this Change Order) $595.150.00 OiU (l.437i») 593.713.00 uMuau 00-1 Rccoauneodc4 for Approval by: BONBSmOGUIOSENE. ANDI Approved by Coatractor: mr- DBS MOINES. INC lOSiLOftb HATES, INC Approved by Owner CITY OF ORONO, MN I • Owner I • Cboiractor 1 - Engineer i )dCo. Date; Uil4<1U CO-2 1 * 1 ^ /. To: From Date: Mayor Callahan and Orono Councilmembcrs COUNOLMSIM Michael P. Gaffron, Assistant Planning & Zoning AdministiQigf i 1 1993 October 6, 199. QIVOFOMM Subject: Resolution - MUSA Amendment - "Interim Strategy" Attached is a resolution for formal Council action for transminal to Metropolitan Council. /. public hearing for the NURP and BMP Comprehensive Plan Amendment has been scheduled before the Planning Commission on Thursday, October 21 at 8:00 a.m. PROPOSED MOTION: Moved by , seconded by , to approve Resolution No. , indicating the City of Orono’s intent to comply with Metropolitan Council’s "Interim Strategy to Reduce Non-point Source Pollution to All Metropoliun Water Vote: ___Ayes,_____Nays lies" A RESOLUTION INDICATING THE CITY OF ORONO*S INTENT TO COMPLY WITH METROPOLITAN COUNCIL’S "INTERIM STRATEGY TO REDUCE NONPOINT SOURCE POLLUTION TO ALL METROPOLITAN WATER BODIES" WHEREAS, the City of Oroiio has made application to Metropolitan Council for an amendment to the boundary of the Metropolitan Urban Service Area; and WHEREAS, Metropolitan Council has determined that said application shall be considered as incomplete until such time that the City of Orooo cooq>lies with the ''Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan WaterBodies"; and WHEREAS, the City CouncU of the City of Orono intends to comply with the Interim Strategy". NOW THEREFORE BE IT RESOLVED, by the City Council of Orono, Minnesota 1.The City Council will immediately proceed with the public hearing and review process to amend the Orono Community Management Plan (Comprehensive Plan) by adding policy language indicating the City will apply National Urban Runoff Program (NURP) standards to on-site water retention facilities required of residential, commercial and indu^rial development projects, and will apply Best Management Praetk-s for land alteration projects. The City Council hereby directs City staff to make an amended Comprehensive Plan Amendment application to Metropolitan Council which will include the above noted Comprehensive Plan language additions <,s well as the previously proposed MUSA boundary amendment. The City Council hereby indicates that the City will implement the use of NURP sundards and Best Management Piactkes via zoning code and subdivision code amendments no later than May 15. 1995. Page 1 of 2 4.The City Council hereby directs City staff to further amend the previous Corppiehensive Plan Amendment request by eliminating the proposed MUSA acreage trade-off that would have resulted in Noeienberg Park land being extracted from the MUSA. October, 1993 Adopted by the City Council of the City of Orono. Minnesota this 11th day of ATTEST: Linda S. Vee, Deputy City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lltb day of October, 1993, by Edward J. Callahan. Jr. A Linda S. Vee, Mayor A Deputy City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 To: From: Date: Subject: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator ■ /' J couNca.MsnM OCT 1 1 1993 CnVOFOMM October 8, 1993 Park Commission Recommendation Regarding Ball Fields on School District Property Background In March of 1990, the City Council approved the development of the Little League ball field by the Orono Baseball Association in B^erwood Park. The approval was for a three year period while the OBA pursued other long-term options including the development of ball fields on the sciiool district property. During the Council ’s review of the OBA’s use of the Bederwood ball field for 1993, Council indicated a new location needed to be found for 1994. A committee was formed to find a new location and ensure a new ball field was ready for 1994. The school district owns the property on the east side of Old Crystal Bay Road north of the City Hal! facilities up to County Road 6. The school district plans an elementary school with several play fields to the north of the existing church building on Old Crystal Bay Road. The district has determined that the property north of the planned elementary school and play fields is not needed for school purposes. The district is willing to lease or sell a portion: of the property to th; City for the development of ball fields. It has also provided an open-ended purcha^ agreement to the Orono Hockey Association for a portion of the prq>eiiy. At a joint work session between the Council and the Park Commission, the topic of the City leasing property from the school district to provide site for a ball field was discussed. Council directed that this opportunity with the school district should be pursued. Staff has met with school district staff to confirm the district is still willing to lease or sell the property. The Park Commission committee and the OBA have been pursuing this option. The recommendation from the Park Commission is the result of those efforts. City’s Role in Financing Based on the City’s Comprehensive Plan, the City has played a limited role in the development of p.irks and reereati<m facilities The City has provided playground equipment at City parks and recently assisted in the funding of the upgrading of the playground equipment at Schumann Hlementary School. Ihese facilities are all available for broad community use. In determining whether the City should assist In financing the ball fields on the school district property, staff recommends the Council consider the following points: 1. The arrangement with both the school district and the OBA provides for an economical way of providing additional ball fields in the community. ThL is an effective way to leverage City funding. 2 Even though this arrangement is an effective way to leverage City funds, the Council needs to consider whether City funds should be used for a project that is focused specifically on one use that may not be open to the broader community The Council may want to conskk whether to require the ball fields to be develooed for general use rather than specifically for Little League play. din RESOLUTION ADOPTED ORONO PARK COMMISSION SEPTEMBER 20, 1993 1. 2. 3. The Orono Park Commission supports the plan of the Orono Baseball Association ("OBA") to develop playing fields on the Orono School campus. The Park C< r,..aission recommends that the City Council approprUie $20,000 from tlw Pack Fund to assUt OBA in its construction project, the total cost of which is estimated at approximately $94,000. The Orono Park Commission favors OBA entering into a direct conttactual rclationsfcup with the Orono School District rather than utUizing the City as an intermediary^ Tlus would emphasize the community-wide involvement in “ comprised only 42% of youths from the City of Orono. Nevertheless, if the &hoo Board insh.s that the City be the contracting part, the Park Commission is wUling to supervise OBA’s usage of the pUying fields. Once the new playing fields on the school property are constructed, OBA’s usage of the Bederwood field should be limited to two evenings per week. ORONO YOUTH • 5* j ‘ 3. !&•1.41,1 1993 ORONO YOUTH BASEBALL U OF PLAYERS ir c 1rr a iW .dA MUC OTUtM or MINNKTONKA B MEtUNA INDEPENliENCE tOMilAEE MAHEELAW ORONO El MSC OTHCRCimt OQ MINNETONKA KACH O MEOttM OD MOiPENOENCI (D LONOIAKE O MA^EPIAM IT ONONO 1993 ORONO YOUTH BASEBALL % OF PLA YERS BY CITY V l§% ■ / / / 42% □ MISC. OTHER CITIES ■ MINNETONKA BEACH L I MEDINA ■ INDEPENDENCE I J LONG LAKE B MAPLE PLAIN L^ ORONO ORONO YOUTH BASEBALL GROWTH3«h r ff A k (D 1M7 liB 19M 01 1969 10 1990 01 1991 09 1992 d 1993 ■ 1994 MOJieTID 1994 PRaCCT AGES 9^1 r'c •wpiicspwm WHjpo. giiggwi OMKIKM iiUiiiimiiiimi .<&ra • 4 •~ittiuiai[jpupiir •».•;■, ^ - . .j; ... /__L. ! j!. J J • * ■r-/*‘-«5f=^r ... • I ,» ca'i'*. ••• •••• ••••• 1----‘ -• • SITE OEVELOMEHT CONCEPT PLAN I * % \ Diagram—1 Diagram iliowiog Littla Lcagua FiaM layout. All dimantioof ara compulsory unless markad **OpUooal ORONO YOUTH BASEBALL PROPOSAL FOR: OLD CRYSTAL BAYRD. SITE SITE IMPROVEMENTS: ROADWAY: CLiSS 5 MEDIUM BASE 6 ”A(;C,REGA TE (GRAI EL) S60' FOOT LONG - 20’ FOOT WIDE ROADBED (2) CUL l ERTS 2' DIA. GAL V'lNIZED STEEL ESTIMATED COST S S,200 PARKING LOT: (FOR 40 CARS) CLASS 5 MEDIUM BASE 6'AGGREGATE (GRA VEL) I7S' FOOT LONG 60' FIMTWIDE S 7,900 EXCA %'A TION: GRADE TOPSOIL TO A LEVEL OF 1022’ AT AREA OFPLillSU FIELD GRADE TOP SOIL TO A LEVEL OF KHS’-IOtb ’ AT ARE i OF PARKING LOT $20,000 SUBTOTAL: ($36,100) NORTH FIELD: SITE IMPRC > VEM ENTS: IN Ft EL D- FENCING-DLG OUTS-SEt DISO $19,000 SOUTH FIELD: SITE IMPROVEMENTS: INFIELD-FENCING-DUGOUTS-SEEDING $19,000 CONCESSION STAND/PRESSBOX A EQUIPMENT: _ 24’ FOOT LONG BY tZ’FOOT WIDE FRAME STRUCTURE ON CONCRETE SLAB BTOI AREA S FOR CONCESSION. SCORING AND .STORAGE:$ 7,500 FIELD ACCE.SSORIES EQUIPMENT: SCORE H(t ARDS(2) 10’ FOOT LONG BY 6’ POOR HIGH BI.E4CIIFRS(2) IS’ FOOT LONG BY 10’ FOOT tUDF. (SO CAP Ei.) FIELD MAINT.llN.A ' ^'OVIPMENT ri. I yGROUND EQUIPMENT $10,000 MISCELIANEOI S: PERMITS SURVFMSG DET AILED SITE PLAN $ 2.400 GR.4SD TOTAL: $94,100 i A f M. 4-r ^ ^ ^ ^ FUNDING PROPOSAL FOR: OLD CRYSTAL BA YRD.SITE FUNDING BREAKDOWN: CITIES COSTRIBimOS: OROSO MAPl.E PUMN LOlsa LiKE MEDINA INDEPENDENCE MTE i. BEACH CIVIC ORGANIXA TIONS: HOCKtY PI IL-TAIt MONEY ORONO LiONS ORONO YOUTH BASEBALL: 0\SU ON HAND i Z60D allstar pr(h;ram sio.ooo L AND Y FVNDRAISFR SI 5. IKiu .MISC FUNDRUSFRS* 3 SJDfi mSCFI lASFOVS ri NDRilSLRS: * CON( TSSION tUIM M ASON rOt KM.ML SiS mnING CAGE NK^HTS BIRGER KING MG HIS S iGEDAin SINIRTS SIGHTS T-SHIRTS 1/ ES % OF CITJES % OF TOTAL 49%$46,000 $20,000 43%21% $ S,500 18%9% $ 5,500 12%6% $ 5,000 10%5% S 5,000 10%5% $ 2,000 4%2% 11%$10,000 49%S3S.I00 GR^iNDTOTAL :S94.100 m OLD CRYSTAL BAYRD. SITE % OF$94,100 TOTAL COST49% « K y . " .1 : . •.'.t; ' “1-r : I. ■ : N 1 k.l* ''I *■I :j‘‘ It ^ '1 • • f I ‘I:!' t*• I'I I* •'! ^ • 'i -i: li h i • i ' , IP ' . t! I 11% n cmES($4b.ooo) ■ CIVIC ORGANIZATIONS($10,066) i i ORONO BASEBALL(|38.100) 40% CONTRIBUTION % BY CITY FOR OLD CRYSTAL BAY RD. SITE 18H 43% 12% I ‘ ! '• = '■r';’ /i' i i f ’ >i- ^ f ‘ i : I ■ i . <N 11% 11% n ORONO($20.000) ■ MAPLE PLAlN($e,500) I J LONG LAKE($5,500) ■ MEDINA($5.000) [1 INDEPENOENCE($5.000) en MTKA BEACH(S2 000) ORONO BASEBALL FUNDRAISING 200001. ► r f r r 10000 tT I I I■i'' M ' p' : ,1, * ! !. *! i V (S! ■ P' •• ♦ 7600 1 . .1 : '‘M ; ^ \: I id ■ ■ I i' CASH ON HAND ! I •I, \ IT •tf |!r 4 L i; ■ ♦ ^ • • .i 'Ci 'iil' 'i •l’ 1 ‘i Ir • !i‘l it* V .ii: ■•r 4*. /-»• I ' i‘2 • 'I : if ' i’ b! .i It fl •*li * tilt < 1: t • I ALLSfAR PROGRAM ♦t I :H i‘.’lit' •t ‘j 1 it ■ - i. ' ^:i I ^ .« I ^ ’ I ,T>. I*. •; *! « • *' ■ : • • - . i; . ' ■ I 15000 I .♦! L :li • f :pi 14 1:1 I i , i <1 'i. l!* I CANDY FUNDRAISER '■ \ If »‘‘i’ .... :i ♦' 1’IM- 5500 ’ I .•1 MISC FUNDRAISING C) CASH ON HAND CJ ALLSTAR PROGRAM CJ CANDY FUNDRAISER □ MISC FUNDRAISING ORONO PLA YGROUND PROJECT($ 125,000) IT' CITIES($24.000) ■ DISTR!CT($50,000) ! CIVIC(S20,000) ■ FUNDRAISING($32 000) ORONO PLA YGROUND CITY PARTICIPA TION 42% . 1; :j; ■« * * f i \ ■; ''- ill. " '■ ' "Ir iiA I : \ 31% 10% i i: ; \ : T j‘ : \ 0% 17% n ORONO($1 0,000) ■ MAPLE PLAIN($7.500) ' 1 LONG LAKE($0) B MEOINA$2.500) i. I INDEPENDENCE($4,000) II MTKA BEACM(SO) BENEFITS TO COMMUNITY AND IT'S CITIZENS FIELDS TO BE USED BY 6500+ CHILDREN FOR ORGANIZED !'LA Y OVER THE NEXT 20 YEARS. WITH THOUSANDS MORE USING IT FOR RECREA TIONAL PURPOSES IN THE SAME PERIOD. THEY HTLL ALSO PROVIDE ORONO AND THE SURROUNDING COMMUNITIES RESIDENTS WITH A FINE RECREATIONAL AREA. THE FIELDS WILL FILL THE NEED FOR BASEBALL FIELDS IN THE ORONO AREA FOR THE NEXT 10 YE.4RS WITH THE USE OF EXISTING FIELDS. THEY WILL FOSTER THE GROWTH OF THE CHILDREN'S SOCIAL AND PHYSICAL CAPABILITIES BY PROMOTING SUCH THINGS .iS TEAMWORK, FAIRPLAY AND SPORTMANSHIP. T«;P'rom: Date: Subject: Mayor Callahan ami Orono Counciltucmbcrs Ron Moorse, City Administrator /O'/ October 8, 1993 Alan Nettles Sewer Connection Charge COUNdlMEETING OCT ' 1 CtnQfOROMd The Council at its September 27 meeting continued to the Octobei 11 meeting Alan Nettles’ request to pay his sewer connection charge over a period of years rather than paying it in a lump sum. I have attached the Council memo from the September meeting outlining the request and considerations related to the request. Isv £-1 TO:Mayor and City Council FROM:Ron Moorse, City Administrator DATE:September 24, 1993 SUBJECT: Alan Nettles Sewer Connection The Council has approved the provision of city sewer service to the Alan Nettles residence. In discussions with Mr, Nettles, staff has indicated he needs to pay the city connection charge which is approximately $13,000, and he needs to provide easements along County Road 15 for future sewer expansion. Mr. Nettles has agreed to provide the easements but has asked that he be allowed to pay the connection charge over a period of years rather than in a lump sum at the time of the sewer installation. The current city policy requires the connection charge to be paid in a lump sum. Although there is merit to assisting a property owner in financing tne connection charge there are two issues to consider. First, if Mr. Nettles was installing a septic system the city would not assi.*;t In financing that system. Secondly, although the city does not to actually expend any funds to assist Mr. Nettles, the city loses the ability to use the full connection charge amount to pay current debt service expenses. ■ 1 o To: From: Date: Mayor Callahan and Orono Councilmembcrs OUNCILMOTING Ron Moorse, City Administrator October 7, 1993 OCT i 1 1993 illTY OF ORONO Subject: I7raft Work Plan - Septic Moratorium Attached is a draft work plan identifying the various areas and issues to be reviewed during the septic moratorium period. Staff will proceed according to the work plan unless the Council adds or deletes items. Item IV (U), which involves analyzing options for revising the septic code or the enforcement of the septic code, could include a review of the actual extent of the mandates placed on the City by the DNR and Metropolitan Council to determine whether it is possible to revise the septic code or enforcement of the ctxle to reduce .he impact on residents with septic systems. AI To: From: Date: Ron Moorse, City Administrator Michael P. Galfron. Assistant Planning & Zoning Adminislratcr September 21. 1993 Subject: Draft Work Plan - Septic Moratorium Following is a draft outline of work tasks to be perfomied to complete the study required by the tnoratorium on enforcement of septic repairs. Tasks marked (S) would be completed by staff. Tasks marked (C) require Council input or review. Tasks marked (A) require Council action. I Determination of Need A. B. C. D. ii. Identify current septic problem areas. (S) Identify potential future septic problem areas. (S) Assemble physical/sociaI/ecotu)mic data for identified areas of current and p(»tential concern. (S) Analyze all other non-problem areas for possible inclusion due to future political/social/economic pressures. (C) Define highest to lowest priority needs based on physical factors and other factors. (C) II. Planning Ramifications A H C n Review current Comprehensive Plan philosophy, goals and objectives. (S) (C) Determine what Comprehensive Plan revisions would be required to accommodate identified problem areas. (S) (C) Analyze whether certain Cornpiehensivc Plan revisions would have positive/iKgativc impacts politically, socially, economically, and environmentally. (S> (C) Determine what outside forces may influence tw be influenced by planning changes as oppvised to no changes. tS) (O Analyze City status with .Metropolitan Council and otfaei agencies which inay exert authority over the City. <S) (C) ►i Draft Work Plan - Septic Moratorium ^ieptcmbcr 21, 1993 Page 2 III. Financial Ramifications A. B C. Hsiirnate and compare cost of septic repairs vs. cost of municipal sewers. (S) Identify and analyze ways City might provide financial assistance for septic repairs. (S) (C) Assess ramifications of City financial participation in septic repairs and sewer construction. (S) (C) IV. Consider Other Options A. Analyze whether alternatives to sewer/.septic exist. (S) B.Analyze possible options for revising septic code and/or enforcement of same (S) V. Analyze Togetlier Items MV A. Identify crite. ia for deciding whether to sewer or not sewer a given area. (S) (C) D. C. Apply criteria to each area. (S) (C) Es.abhsh priority ranking and time frames for areas which Cir intends to provide with municipal sewer. (A) l-slablish w'hich areas will not be provided with sewer. (A) Isv f\ I r-y^l To:Mayor and City Council From:Tom Kuehn. Finance Director Date:October 7, 1993 Subject:Fire Truck Re.serve COUNCIL MOTING OCT ' 1 1993 ’’TV OF ORONO During the 1993 budget process, the City included $30,000 in the Fire Protection Budget for the purpose of establishing a fire truck reserve. As the City desires these monies to be accounted for separately, the $30,000 should be paid from the Fire Budget to the Lnprovement and Equipment Outlay I-und and reserved for the future purchase of a fire track. The Revenue Budget f<ir the Improvement and Equipment Outlay Fund should also be increased by $30.' PROPOSED MOTION: Moved by____, seconded by____, to authorize payment of $30,000 from the 1993 General Fund Fire Protection Budget to the Improvement and Equipment Outlay Fund, tu establish the Reserve for Fire Truck account and to increase the Revenue Budget $30,000 in the Irnprovemem and Equipment Outlay Fund. Ayes____, nays____. '' r. To: From: Date: Subject: Mayor Callahan and Orono Councilmcmbers Ron Moorse, City Administrator October 8. 1993 Additional TruUi in Taxation Ilearinc Date COUNCIL MEEniVG OCT J 1 1993 CITY OF ORONO The Council has scheduled the City’s Truth in Taxation Hearing for Wednesday, December 1. The Council has also scheduled the adoption of the final budget for December 13. The City has recently been advised that an additional Truth in 1 axation Hearing date is required. The State requires an additional hearing date for the situation in which the initial Truth in Taxation Hearing cannot be completed on December 1 and must be continued to another date. Because the final budget cannot be adopted on the same date as the Truth in Taxation Hearing, the City needs to set a separate date for a potential continuation of the initial Truth in Taxation Hearing. The only date available to us is Wednesday, December 8. It is recommended the Council set December 8 as the date for a potmtial continuation of the Truth in Taxation Hearing. nI To: From: Date: Subject: Mayor Callahan :’nd Orono Councilmembcrs Ron Moorsc, City Administrator October 8, 1993 LOGIS Wide Area Network COUNCIL MEEHN6 OCT i 1 1993 CITY OF ORONO Attachment: Letter from LOGIS Outlining Costs and Benefits of Wide Area Network I'he City’s main computer applications are currently run on the LOGIS computer system. I he City is connected to the LOGIS mainframe processing center in Brooklyn Park through phone line communications. This communication system requires a set of modems and four multi-plexers. This system and equipment has been in place since Orono initially joined LOGIS. Although the system generally meets the City’s needs, it does have deficiencies in terms of transmission speed and maintenance. Because the multi-ple.xers are relatively old, they are not on a standard maintenance agreement. If there is a problem, repairs could take up to a week. Although we liave not e.xperienced a major multi-plexer failure to this point, one of the multi­ plexers did go down recently. Fortunately a LOGIS technician was able to have it up and running within 24 hours. One alternative solution to this problem is to purchase a back-up multi-plexer which would cost approximately $4,000. Another alternative that would eliminate the repair/replacement problem, while also providing for a four hour maintenance response time and a 500% increase in transmission speed, is the LOGIS Wide Area Network. This alternative would replace the current four multi-plexers, which operate on a slow data circuit, with equipment that op>crates on a digital circuit that is five times taster. The cost ot installing a Wide Area Network is $7,2 13. It is staffs recommendation that the advantages of the increased transmission speed and the much faster maintenance response time, in addition to eliminating four multi-plexers with a replacement cost of $16,000, are well worth the installation costs. Isv sIV "n LI j-ri August 27, 1993 Mr. Ron Moorse City Manager City of Orono 2750 Kelly Parkway Local Government Information Systems Association 2700 Freeway Boulevard • Suite 300 • Brooklyn Center, Minneynta 55430 • » Voice: (612) 566 0050 Fax: (612) 566 0561 Deaf Ron; This letter is in response to our conversation on tlie remote D'l'C. Currently, LOGIS is taking advantage of the new technology to branch a wide area network to our members eliminating the need for the multiplexers and greatly expanding tlicir capabilities. The following is a cost breakdown of the distributed DTC. 1) Installation of a digital circuit from LOGIS to the City Hall. S663. 2) Two HP Bridges; $2,235 each Total $4,470. 3) Two Codex DSU/CSUs: $520 each Total $ 1,040. 4) One DTC upgrade $1,500. 5) Adr^Jter Cables $80. LOGIS is offering free cable conversion and installation of the bridges and remote DTC. The following benefits w'ill be gained from the conversion: 1) 500 percent speed increase. Currently your multiplexers have a maximum speed of 9600 baud, the bridges and remote DTC speed is 56,000. 2) Ilie bridges and DTC are covered under the HP maintenance agreement, this maintcn.'incc agreement has a 4 hour dispatch time. (Monday-I riday 8 AM to 8 PM) If your current multiplexers breakdown minimum repair charges are $800 with a one wcttk turn around time. 3) ITic multiplexer are limited to 12 ports, the DTC starts at 16 ports and is expandable to 48 ports. If you have any further Questions please feel free to contact me at (612) 566-0050. Sincerely, Kevin Pikkarainc Operations At Systems Programming Sujarvisor J */^ LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF OCTOBER 11, 1993 Site Evaluator License -Larry ’s On-Site Septic 4980 Country Road 10 E Chaska, MN 55318 0UNCILMEEIIN8 OCT I 1 1993 CITYOFORONO Septic System Installers License - Ingleside 4920 Highway 55 Loreiio, MN 55357 r CITYof Oi|<J|NO (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification must be attached. All a-.jplications are subject to a ten (10) day approval period. 1. 2. 3. 4. Business or trade name S(J'\ Business address Hy k • / Business phone 1^79 /Residence phone U/f Name of applicant or company representative holding MPCA certification 5.Type of certification held: Certificate expiration date Installer Pumper 6.Have you ever held a Septic System Installer license in Orono before? V/*5 Most recent year ——f/ / 7.Have you ever had a license revoked? . ,yi^, Where? JlTi'xd fc e---------------------— When? 8. Do you do Municipal Sewer hook-ups? les No 9. Do you pump out septic tanks? Yes SUBMITTALS REQUIRED: 550-100-300,000 minimum Certificate of Insurance. /C-3^^0 / Tff 4 . Copy of current MPCA Certificate. wi i.i. not he puoceeseh untii , ai .i. itrms mn ctmMiTTED List persons other than applicant who are authorized by you to apply for permits under your license .. The undersigned hereby naices application to the Minnesota, for a license to install and repair septlc "yst®”*' and/or pump out septic tanks, subject to the laws of the State o Minnesota and the Ordinances of the City of Orono. Date 10 /^/9 CITY USE ONLY Staff recommendation Approval Reason for denial: Denial Date City Council Action Date Date license mailed_ _ __ Approved Denied CITY !l)f ibllONO -7 357(612) 47 Post Office Crystal pay SITE EVALOATOR/DESIGNER LICENSE APPLICATION Box 66 ' MN 55323 CertifiA^on must be attached. All applications are subject t (10) day approval period. 1. 2. 3. 4. Business or trade name ^ Business address V *7 C Business phone ^ . Residence phone 7 7 ^ ^ ^ 5.Type of certification held: Sit^ evaluator System designer. Certificate expiration ) J.___^ 6 ------------ 6. Have you ever performed site evaluation or design work in Orono before? AA? Most recent year _______ 7.Have you ever had a license revoked? Where? ________________________________-— When? SUBMITTALS REQUIRED: $100.00 License application fee. . Copy of current MPCA Certificate LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED The undersigned hereby makes application to the City of Minnesota, for a license to perform site evaluation and septic "ir^eraesign subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. C^ce 7 /a :? / 7 3 Applicant's Signature ^ 7 Staff recommendation Approval Reason for denial: Denial Date “f—IS City Council Action Date Date license mailed _ _ _ Approved Denied w *w evidence of mpca -re subject to a ten<; / .- *» 'j yA ly/holding MPCAL //. p // •sign work in I o ■n Oss COUNCIL CHECK REGISTER Wed Sep 29 CHECK NO CHECK DATE CHECK AMOUNTS4.871.00 $4,871.00 1993 23:43:33VENDOR DESCRIPTIONCITY COUNTY CREDIT UNI W/H & TRANSFERRED ACCOUNT • 9999-2030 INVOICE000476$137$137$67$67$8.822 $8,822 1818^7777*7777*$2,654.71$2,654.71*$35,784.09$35,784.09*$1,355.00$1,355.00*$1,011.84$1,011.84*$146.50$146.50* $164.00 $164.00* $30.00 $30.00* $350.00 $350.00* $498.72 $498.72* $2,558.72 $2,558.72* $5.09 $5.09* $2,720.51 $2,720.51* $100.00 $100.00* $118.59 $118.59* COLONIAL LIFE INS INS W/HCOMMERCIAL LIFE INS INS W/HFIRST NATIONAL BANK OF WITHHELD FED/MEDCR/FFIRST NATIONAL BANK OF CITY SHARE FICA/MEDCFIRST NATIONAL BANK OF NET PAYROLL TRANSFERGREAT WEST LIFE ASSURA DEF COMP W/HGROUP HEALTH PLAN W/H INSURANCE 9/26&1HENNEPIN COUNTY SUPPOR MARK THOMTON 8C02667 HENNEPIN COUNTY SUPPOR DALE SKREEN 80026231 ICMA RETIREMENT TRUST- W/H DEF COMP LAW ENFORCEMENT LABOR W/H UNION DUES MED CENTER HEALTH PLAN W/H INSURANCE 9/26 A MEDICA CHOICE MINNESOTA BENEFIT INS W/H 9/26 & 10/10 INS W/H MINNESOTA DEPT OF REVE STATE TAX W/H MN STATE RETIREMENT-DE W/H DEF COMP PEB5CO/OBRA W/H DEF COMP 9999-20309999-20309999-20309999-20309999-20309999-20309999-20309999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 9999-2030 000490000480000477000487000486000431000492000485 000475 000478 000484 000474 000479 000491 000488 000483 000482 PO NUM. DESCRIPTION ACCOUNT •INVOICE PO NUM.MANUALW/H DEF COMP 9999-2030 000493 IPINS W/H 9999-2030 000473 IPPERA W/H 9999-2030 000472 IPCHARITY W/H 9999-2030 000489 IP Vs'..i CITY OF ORONO FRI. OCT 1. 1993 10/01/9311:59 PM ---req. LINDA VOID, TYPED 4 REVERSED A/P --loc: Oh-FINCE- -job 2795 IJ1403 CHECK REGISTER prog: CK200 <1.07>----report id: CKRE(ck Payee ID.Payee Name Date Check Amount Type Subs Rel To Note027317T329UPSB ais:x3ssss09/10/93 S3SSS3SSSC8SS11.72 CSSSHW s s s s cTR sszsz Bass:Hand Written027388T409PIDGEON, JOHN G !. MAGDALEN 09/13/93 4,395.00 HW TR Hand Writ ten027389T410OPRYLAND HOTEL 09/13/93 341.24 HW TR Hand Written027390471MET-CON METRO INC 09/14/93 10,000.00 HW TR Hand Written027391T006MN DEPT OF REVENUE 09/15/93 2,026 00 HW TR Hand Written02739?068 BIFFS INC 08/31/93 331.56 HW TR Hand Written027393039 EARL F ANDERSON ASSC 09/08/93 326 95 HW TR Hand Written027394671SAFE BENEFITS 09/20/93 960.00 t-!W TR Hand Written027395536CITY OF ORONO 09/24/93 99 48 HW TR Hand Wri t ten027396621MEDICA CHOICE 09/27/93 7.313.20 HW TR Hand Writ ten 027397 143 COMMERCIAL LIFE/GRP 09/28/93 160.76 HW TR Hand Writ ten 027398 629 POSTMASTER 09/28/93 900.00 HW TR Hand Written SUB TOTALS: Total Void Machine Written 0.00 Numbe r of Checks Processed:0 Total Void Hand Written 0 00 Numbe r of Checks Processed:0 Total Machine Written 0 00 Numbe r of Checks Processed:0 Total Hand Written 26,865 91 Numbe r of Checks Processed:12 Total Revertali 0.00 Numbe r of Ctecks Processed:0 Total Cancelled Checks 0 00 Numbe r of Checks Procesitd:0 SUB TOTAL 26.865 91 j COUNCIL CHBCK REGISTER Thu Oct 7 1993 09:47:06 Pag* 1CHECK NO CHECK DATE CHECK AMOUNT VENDOR0291091993/10/11 $28.44$28.44*AT&T1993/10/11 $29.25 A-1 MINNETONKA RENT0291101993/10/11 $122.23$151.48*A-1 MINNETONKA RENT0291111993/10/11 $130.00$130.00*AEC ENGINEERING0291121993/10/11 $76.58$76.58*ALL STAR ELECTRIC0291131993/10/11 $967.02$967.02*ALL STEEL PRODUCTS0291141993/10/11 $389.57$389.57*ANCHOR PAPER 1993/10/11 $80.00 ASPLUND COFFEE 029115 1993/10/11 $80.00 $160.00* ASPLUND COFFEE 1993/10/11 $28.64 AT & T INFO SYSTEM 1993/10/11 $28.64 AT & T INFO SYSTEM 1993/10/11 $28.64 AT & T INFO SYSTEM 1993/10/11 $28.64 AT & T INFO SYSTEM 1993/10/11 $45.03 AT & T INFO SYSTEM 029116 1993/10/11 $28.64 $188.23* AT & T INFO SYSTEM 1993/10/11 $8.64 AUOIES MOBILE CHEF 029117 1993/10/11 $36.00 $44.64* AUOIES MOBILE CHEF 1993/10/11 $690.00 BLACROWIAK & SON DESCRIPTIONTELEPHONERENTALRENTALINSPECTIONSREPAIR LOT 12 & OCBPARTSCOPY PAPER COFFEE COFFEE DATA DATA DATA DATA DATA DATA PROC PROC PROC PROC PROC PROC SANDWICIIS COFFEE BRUSH HAUL ACCOUNT # INVOiC*: 0590-4i20 0010300290-4331 001031 0249-4331 001C310438-4306 0010280249-4233 9272-220569-4234 17369001-1261 742726 0039-4382 64600 0174-4382 64600 PO NUM. 0249 0069 0059 0129 0129 0249 4340 4340 4340 4340 4340 4340 001029 001029 001029 001029 001029 001029 0591-4802 8648 0591-4802 19917 0295-4348 118583 Q29U8 $690.00* 001030 OHL 001031 L 001031 «OHOB6 on 1028 OBi3 9272-2?OB14 173461 742724 OBS2 44400 tS2 44400 OBOB 140 001029 }40 001029 340 001029 340 001029 340 001029 340 001029 OH di OH OB OB 1802 9441 1403 19917 Ol OB 4341 1189t3 OB 029128 19V3/10/11 $1,150.20$1,150.20*DAVIES WATER EQUIP CO PARTS 0569-4234 429140291291993/10/11 $5,265.00$5,265.00*E-2 RECYCLING SEPT RECYCLE FEE 0295-4392 0007470291301993/10/111993/10/11 $990.77$189.54$1,180.31*EARL P ANDERSON ASSC EARL P ANDERSON ASSC PERMIT SIGNS ST SIGNS 0174-43220249-4233 1275021278680291311993/10/11 $16.00$16.00*EARL W DAY 6 SONS PART 0249-4232 352150291321993/10/11 $371.79$371.79*PRITZLER J MARK AMEM CONF 0129-4356 001036 029133 1993/10/11 $78.92 $78.92* GENERAL OFFICE PRODUCT BULLETIN BOARD 0482-4540 22863131 029134 1993/10/11 $270.00 $270.00* GOLF CARTS UNLIMITED CART RENTAL 0i90-4331 5737 mm 1993/10/11 1993/10/11 1993/10/11 $3.36 $6.72 $2..?4 $12.32* HASEMAN, CAROLE BASEMAN, CAROLE HASEMAN, CAROLE MILEAGE MILEAGE MILEAGE 0174-4381 0290-4381 0039-4381 001037 001037 001037 029136 1993/10/11 $702.48 $702.48* PENN CTY PIN DIV AUG ROOM & BOARD 0080-4358 002154 029137 1993/10/11 $246.20 $246.20* HENN CTY SHERIPP DPT AUG BOOKING FEE 0080-4358 001038 029138 1993/10/11 1993/10/11 $4.^:o $31.89 $36.69* HENNEPIN CO-OP SEED HENNEPIN CO-OP SEED SUPPLIES RERBISIDE 0569-4234 0590-4343 52369 52535 »BCK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT #INVOIC1993/10/11 $150.00 JOHN BECKMAN INSTALL BULLETIN BOA 0099-4343 001051029139$150.00*1993/10/11 $79.05 KUSTOM SIGNALS INC PARTS 0129-4232 169071029140$79.05*1993/10/11 $211.83 LAFAYETTE CLUB BREAKFAST MTG 0020-4382 001052029141$211.83*1993/10/11 $22.21 LAKE BUSINESS SUPPLY SUl'PLIES 0590-4210 032068029142$22.21*1993/10/11 $15.50 MABUSTH-JEANNE MEETING EXP 0174-4382 0010561993/10/11 $20.72 MABUSTH-JEANNB MILEAGE 0174-4381 001056029143$36.22*1993/10/11 $12.22 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 623411 1993/10/11 $12.22 MIDWEST BSNS PROD OFFICE SUPPLIES 0059-4210 623411 1993/10/11 $12.23 MIDWEST BSNS PROD OFFICE SUPPLIES 0069-4210 623411 1993/10/11 $148.80 MIDWEST BSNS PROD OFFICE SUPPLIES 0129-4210 623411 1993/10/11 $12.23 MIDWEST BSNS PROD OFFICE SUPPLIES 0174-4210 623411 1993/10/11 $12.23 MIDWEST BSNS PROD OFFICE SUPPLIES 0249-4210 623411 1993/10/11 $17.96 MIDWEST BSNS PROD SUPPLIES 0039-4210 616184 1993/10/11 $11.65 MIDWEST BSNS PROD SUPPLIES 0174-4210 616184 1993/10/11 $11.65 MIDWEST BSNS PROD SUPPLIES 0069-4210 616184 1993/10/11 $11.65 MIDWEST BSNS PROD SUPPLIES 0129-4210 616184 1993/10/11 $11.65 MIDWEST BSNS PROD SUPPLIES 0249-4210 616184 1993/10/11 $11 .65 MIDWEST BSNS PROD SUPPLIES 0059-4210 616184 1993/10/11 $60.02 MIDWEST BSNS PROD SUPPLIES 0129-4210 619703 029144 $346.16* 1993/10/11 $36.22 MINN COMM TELEPHONE 0249-4320 001055 029145 $36.22* 1993/10/11 $145.08 MINNEGASCO UTILITY 0099-4324 0U1039 1993/10/11 $11.97 MINNEGASCO UTILITY 0569-4324 001039 4 »01 OH COtINCXL CHECK REGISTER Thu Oct0291461993/10/11029147029148029149029150029151 029152 029153 1993/10/111993/10/111993/10/111993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 Thu Oct 7 ECK AMOUNT 1993 09l47t06VENDOR DESCRIPTION ACCOUNT #INVOICE PO NUM.Page 5CHKTYPE$157.05*$44.49 MINNESOTA CONWAY RECHARGE EXTQ 0099-4231 194268 OH$44.49*$100.27 MINNESOTA TROPHIES &G PLAQUE 0385-4399 41052 OH$100.27*$24.98 NN BENEFIT ASSN OCT INS 0129-4152 001042 OH$24.98*$40.00 MM POLLUTION CONTROL A TESTING FEE 0249-4383 001054 OH$40.00*$31.50 MPLS OXYGEN CO DEMMURAGE 0249-4i32 388217 OH$31.50* $3.80 MTI DIST CO PART 0290-4232 369431 OH$3.80* $64.99 NORTHLAND BUSINESS CASSETTES 0174-4210 5385 OH$64.99* $36.79 NSP UTILITY 0569-4324 001044 OB $1,671.71 NSP UTILITIES 0099-4324 001045 OB $14.89 NSP UTILITIES 0290-4324 001045 OB $10.66 NSP UTILITY 0590-4324 001044 OB $236.57 NSP UTILITIES 0569-4324 001045 OB$12.89 NSP UTILITIES 0569-4324 001045 OB$106.61 NSP UTILITIES 0249-4324 001045 OB$113.87 NSP UTILITIES 0249-4324 001045 OB$330.46 NSP UTILITIES 0549-4324 001045 OB$7.40 NSP UTILITIES 0099-4324 001057 OB$120.09 NSP UTILITIES C590-4324 001057 OB$7.56 NSP UTILITIES 0549-4324 001057 OB $2,177.41 MSP UTILITIES 0549-4324 00 .’,059 OB$440.30 NSP UTILITIES 0569-4324 001057 01 COUMT # INVOICE»9-4231 19426885-4399 4105219-4152 00104219-4383 0010549-4242 3882170-4232 3694314-4210 53859-4324 »-4324 >-4324 >-4324 -4324 -4324 -4324 -4324 -4324 -4324 -4324 -4324 -4324 -4324 001044 001045 001045 001044 001045 001045 001045 001045 001045 001057 001057 001057 001059 001057 PO NUN.Page sCBKTYPEOB COUNCIL CBECK REGISTER Thu Oct 7 1993 09l47*06CHECK NO CHECK DATE CHECK AMOUNT VENDOR1993/10/11 $3.31 NSP0291541993/10/11 $473.69$5,764.21*NSP0291551993/10/11 $1,148.53$1,148.53*NSP0291561993/10/11 $37.42$37.42*OMAN/LYLE0291571993/10/11 $33.00$33.00*ORONO SELF SERVICE0291S81993/10/11 $4,638.72$4,638.72*PUBLIC EI^L RET ASSN1993/10/11 $17.84 RITZ CAMERA1993/10/11 $13.98 RITZ CAMERA 029159 1993/10/11 $4.99 $36.81* RITZ CAMERA 1993/10/11 $20.83 SCHARBER & SONS INC 1993/10/11 $39.81 SCHARBER & SONS INC 1993/10/11 $12.31 SCHARBER A SONS INC 029160 1993/10/11 $20.53 $•*3.48* SCHARBER & SONS INC 029161 1993/10/11 $1.46 $1.46* SEW LIKE NEW 1993/10/11 $85.20 STREICHERS 029162 1993/10/11 $37.54 $122.74* STREICHERS 1993/10/11 $368.81 SULLIVAN, STEPHEN 029163 1993/10/11 $41.70 $410.51* SULLIVAN, STEPHEN DESCRIPTIONUTILITYUTILITIESST LIGHTINGMILEAGEGASOLINEPERA 9/13-9/26FILM PROC FILM PROC FILM PARTS PART PART SUPPLIES SALES TAX INV001005 A1040 REPAIR TENT METER E MGNT CONF TELEPHONE ACCOUNT # INVOICE0175-4324 001058 0569-4324 0010590249-4325 0010460174-4381 0010600129-4220 0010619999-2031 0010470129-4210 6760523 0174-4210 3760773 0174-4210 3760774 0290-4232 2765 0290-4232 1327 0590-4232 9799 0590-4232 2935 0129-4221 001061 0129-4241 72694.1 0129-4342 72694.1 0175-4356 001062 0129-4320 001062 PO HUM.Page 6 • CHKTYPE 'OB OR :COUHT # INVOICE115-4324 001058 ,5J9_4324 0010590249-4325 0010460114-4381 0010600129-4220 001061,„f-2031 0010470129-4210 6760523 °OU4-4»0 .440;« 0114-4210 3760774 029164029165029166 029167 029168 COUNCIL CHECK REGISTER Thu Oct 7 1993 09:47s06CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION1993/10/11 $302.14$302.14*THE; LAKER ADV1993/10/11 $469.57$469.57*US WEST CELLTJLAR INC TELEPHONE1993/10/11 $105.74 US WEST COMMUN TELEPHONE1993/10/11 $54.69 US WEST COMMUN TELEPHONE1993/10/11 $267.51 US WEST CONKUN TELEPHONE1993/10/11 $141.90 US west COMMUN ADV1993/10/11 $87.77 US WEST COMMUN TELEPHONE1993/10/11 $28-63 US WEST COMMUN TELEPHONE1993/10/11 $81.81 US WEST COMMUN TELEPHONE1993/10/11 $40.90 US WEST COMMUN TELEPHONE1993/10/11 $81.81 US WEST COMMUN TELEPHONE1993/10/11 $81.81 US WEST COMMUN TELEPHONE1993/10/11 $12.28 US WEST COMMUN TELEPHONE$984.85* 029169 029170 029171 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 1993/10/11 ,410.46 WALDOR PUMP REPAIR ,673.51 WALDOR PUMP REPAIR ,083.97* $127.42 WARNING LITES OP HN FLASHERS $127.42* $41' .86 WATBRPRO PARTS $413.86* $25.76 WECKMAN STEPHEN MILEAGE $25.76* $26.00 WESTSIDE WHOLESALE TIR REPAIR $26.00* $46,756.99 ACCOUNT # INVOICE0174-4323 0010530129-4320 0010430590-0175-0129-0590-0039-056900590069017402490549 001048001049001048001048001064001064001064001064001064001064001064 0569-4344 26097 0569-4344 26354 0249-4331 0ri9983 0569-4234 500768 0174-4381 001050 0290-4341 48114:A PO NUN.Page 7CBKTYPE OB J 0129-4320 001043 OB0590-*4320 001048 ^0175-4320 0010490129-4320 001048 OB0590-4323 001048 OR0039-4320 001064 OB0569-4320 001064 OB0059-4320 001064 OR0069-4320 001064 OB0174-4320 001064 OB0249-4320 001064 OR0549-4320 001064 OBOB0569-4344 26097 0569-4344 26354 OB OH >249-4331 0049983 OB '569-4234 500768 OB 174-4381 001050 OB 290-4341 48114:A !• 1 10/31/93 PR CM PRREGOREMP • NAME469188026 CALLAHAN. EDWARD 18324677 QOETTEN, J.DIANN 470366069 HURR. JOELLEN L 473646272 JABBOUR. GABRIEL 476527186 KELLEY. CHARLES DPT YTDGROSS3200.04 3141.71 241.67 3141.71 241.67 CURRENTGROSS300.00241.67241.67241.67241.671.266.68■ ■ ■ ■ t 09/26/93 PR CB PRREGOR 186EMP • NAME DPT471688060474563339471840871475443862472503991469526026469526026475989721468821018472529007468701868507585424469686562468420832469087884474667812475380151477500668475444249477463877475069821388625358471569863473141624477647279475604753504260307472500574469820293121262417 469723373 475344512 480843542 477700023 334506281 477028779 473108428 468909535 476783251 470700901 469848J07 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 BOSMA. JAMIE L i;BRINKHAUS. JOHN F 4: CHESWICK. GARY B 3]CORNICK. JAMES L 3]CORNICK. JAMES L 3JDEMBOUSKI. JAY C 31“I- IRVING 31 ERICKSON. KURT R 3] FISCHENICH. DAN T 3J FRITZLER. JOHN M 3] GAFFRON, MICHAEL P 3: GERHARDSON. JOHN R 42 GOMAN. DAVID J 3*GREGORY. JAMES D 42 HALLIN. DOROTHY M 12 HANSEN. STEVEN C 42HANSING. CAROL J 31HASEMAN. CAROLE 12HULTMANN, TIMOTHY J 61 JENSEN. ROONEY W 93 JOHNSON. BRADLEY P 31 JOSTROM. FOREST J 93 KARNITZ. RICKY D 31KENNEN. JANICE M 31KNUTSON, CHARLOTTE A 15 KUEHN. THOMAS M 15KVAM, DANA J 93MABUSTH, JEANNE A 33 may. U«VID E 61 MCINTYRE. WILLIAM E 93 MCNICHOLS. DAVID L 31 MOORSE. RONALD J 12 MOROWCZYNSKl, JAMES 31 NELSON. DAVID D 35 OAS, DANIEL 0 93 OBERAIGNER. SCOTT Q 42 OBRIEN. RANDY 92 OMAN, LYLE E 33 PALMER. GREGORY A 42 QUASI. WAYNE A 92 RATHBUN. BARRY J 92 ROSS. JOHN A 93 SCHOENHOFF. JOHN B 31 SKREEN, DALE S 42 STEFFENHAGEN. RONALD 93 SULLIVAN. STEPHEN X 31 THOMTON. mark R 31 JO^HECK. LAWRENCE F 31 TOMCZYK. mark W 31 VANG. BRUCE L 33 VEE, LINDA S l? WALTERS. LINDA G 15 WECKMAN, STEPHEN J 33 YTDGROSS34002.51 20487.16 12531.12 32194.79 34729.0933189.51 34939.8929807.8334487.0831553.5733913.0233808.58 29433.23 40816.934408.1126446.0825355.0223597.5811814.73 19026.203333.00 2137.2933631.032442.001995.24 4984.6720287.3443299.84 693.00 36859.77 3307.50 1471.25 28184.25 47981.06 33094.34 2760.43 1631.35 22979.85 24571.03 29433.17 23326.96 29009.93 23771.14 2403.50 8931.24 23707.86 25354.99 41134.38 30449.36 31201.22 31764.14 25355.01 20574.33 18721.74 22331.47 CURRENTGROSS1568.401014.64697.32 1611.68 1727.21359.33 1750.381536.301943.04 1568.40 1778.69 1692.241473.45 1937.43198.391183.051269.281083.28 555.231222.74261.00290.981847.77214.50 191.29208.45 1014.632167.61 24.75 1845.20 48.00 137.50 1331.58 2311.84 1627.22 132.26 156.35 1029.11 1103.61 1473.43 1103.59 1366.31 1083.29 184.25 276.30 1286.41 1269.28 2059.20 1509 76 1566.38 1568.40 1269.28 1271.46 1081.19 1117.82 61.580.58 r2 0 £' » i l.J /Z>^ i^f tz^ lii -..4 piI <rf V-d Vfl ?T-/ v^e stii :i-» r>'- 8:2 /i^y ^/t7 W«l ^4 ' % ^ <4=^WW^ w r^£.i i S"lcX COUNCIL MEEHNG OCT 1 1 1993 CITYOFQRONO MINUTItS OI‘ Tllli ORONO PLANNING COMMISSION MLETING HELD SEPTEMBER 20, 1993 ROLL 'I'he Orono Planning Commission met on the above dale with the following members present; Chair Charles Schroeder. Candace Rowlette, Charles Nolan Jr., Sandra Smith, Stephen Peterson, Janice I>e'‘g, Dale Lindquist. The following represented the City Stall; Building & Zoning Administrator Jeanne Mabuslh, and Recorder Marva Hurst. Chair Schroeder called the meeting to order at 7;00 p.m. (#1) #1862 THREE STAR TRUCKING 2590 WATERTOWN ROAD - PRELIMINARY HEARING SUBDIVISION - PUBLIC The subdivision was reviewed as a sketch plan review at the July Planning Commi.ssion meeting. Theapplication involves a proposal within a rural residential district requiring on-site septic testing and the a.ssurance that there is two acres of dry buildable contiguous land within each of the lots. Each lot, with the exception of lot X, is proposed at the minimum two acredrv contiguous with lot 4 having a .55 acre retention pond. Applicant' alternate plan shows an extension to the west through the liaison’s properly. Applicant’s survev or has shown a dashed line, where the 50 foot extension corridor would be located. Also, with the designation of the road, lot 7 ’s lot line is moved further east to a.s-ure enough dry contiguous. Mabuslh noted the updated report from the engineer which should be reviewed durng discussion ofgrading and drainage issues because there are several unanswered issues regarding the size of the retention pond in lot 4. Primary concern is that if the pond had to be increased in size, where would the additional dry buildable area come from? The only available additional dry buildable would come from lot 8. Mr. Dunwrealh Peasley, 95 Hackberry Hill, a.sked for clarification of lot locations and raised concerns about drainin'. *' east lot line. Chairman Schroeder • iloud the letter from the engineering firm Bone.slroo, Rosene, Anderlik & Associates, dated Sept. 12. 199.1. Schroeder asked Mabuslh to clarify meaning of this letter. Mabuslh explained that she is not able to gel an accurate sizing of the pond and that Mark Gronberg would have comments and information to share regarding this issue. Gronbergexplainedhisconversation with Shaw lU iustafson of Bonestrooetal They reviewed the numbers and the possible classifications for wood.N and pasture: good, fair, and poor. Gustafson had classified both woo>l and pasture as fair but after review he was comfortable with the numbers. They also determined that berm was actually higher than the high water mark of retention pond, 'fhere will have to K- ome type of erosion control at the •mtlel of the drainage structr-e. The swale running along the back of lots 1 through 4 will carry the water into a holding pond instead of onto the lots on Hackbeiry Hill. Mabusth clarified for Peaseley how the swale would alleviate the problem of water drainage into those lots. Gronberg suggested that it’s possible that the pond could be lowered to accommodate the need for a larger capacity holding pond. Schroeder asked how we would determine how that the creation of the subdivision and the berms, swale, pond is not going to make the Hackberry Hill residents worse olT Mabusth responded that the development guidelines and .standards of the MCWl) will assume that the condition is improved. Your current plan shows all runoff from property being directed along east lot to retention pond in northeast. Drainage from retention pond cannot be released at a greater velocity in a totally developed state than it does in an undeveloped state. All runolTfrom this site will be directed to northeast retention pond, and will no longer e.xit via Hackberry Hill. Peaseley continued to express his concerns about the drainage issues and that he feels that the propos^ development may not solve the problem. Gronberg feels that the .swale, berm and holding pond will alleviate the problem. Schroeder inquired about the sizing of the culvert. Gronberg explained that it will actually be a weir ( ’) or trench with sloped .sides and will be buiit of concrete or brick. Pea.seley asked '’bout the trees on the Suess property. Gronberg explained that the trees will stay and the fact that the drainage easement is wider than normal. Peaseley suggested that the mound septic system may not be elTective in clay and suggests hooking up to sewer and holding tanks. Peter.son asked the applicant what Halson has decided to do Applicant responded that he understood Halson wasn t interested in joining in at this time. Halson stated that his main concern was w here the road would be placed if an extension is requested. And that he would join in just to place the road but not create the lots since w rong placement of the road could ruin one of his lols. Mabusth reviewed placement of the road, including describing some history of other similar roads in subdivisions such as Meyer Dairy and Golden View. She reviewed the need for the City to address the issue of an extension road Mabusth noted staff is recommending an extension to the west, and asked Planning Commission whether this properly should be included for further connection to an integrated road system for the area. Rob Seuss, Jr., will be purchasing the original homestead (lot 8) and feels that the creation of this road would pose a safely con-'em for the children who reside on this road and Golden View as drivers may use it as short cut Smith asked Seuss how he feels about setting aside the outlol realizing that the road may never actually be built. Seuss feels that road should never be built and would not like to see outlol set aside for future use. Chair asked Mabusth to clarify the theory behind creating this integrated road system. Mabuslh explained that it’s an ability to allow people to use secondar>' roads, releasing the burden on main roads, dealing with future subdivisions, integrating neighborhoods. Connecting roads also provides other options of access to and from properties in case of an emergency, where one section of road may be closed. Chair asked Mabuslh to address the issue of setting aside rights of way. Mabuslh explained that the City has done this in other areas, i.e. Rolling Meadows and that the City doesn’t ask to develop these roads but to reserve the right to do so in the future if need be. Smith clarified further why the City wants the option to plan for road as they may be needed in the future to alleviate traffic problems. Resident Jim Huseby, 125 Golden View stated that there are 17 children residing on Golden View not including Seuss’ children and that the residents live there because they don’t want to live on a busy road like Watertown. He feels that even though the City doesn’t intend to open the road, the fact that the City is planning for a future road is nearly the same as opening it. Resident Mike Hilbelink, 85 Golden View feels that the proposal to open a road doesn’t make sense and that there doesn’t seem to be a need for it. He also fell th at the Commi.ssion .should represent the residents preference not to create the road. Mabuslh reviewed the proposed road locations Rowletle asked how planning for the road would affect Hal.son’s property and where would it be placed. Mabusth reviewed the options suggested by liaison's attorney Gronberg ex plained where the road would hie placed and suggested that another option would be to place the road between lots 5 and 6 diagonally on the lot liiic. ...............j*,.. Peterson asked if a road is created between lots 6 and 7, would there be enough room for a house on lot 7. Gronberg responded that if the septic was moved further up the hill, there would be room. Rowlette asked if the pond between lots 7 and 8 is serving as a holding pond. Gronberg responded that it’s not contributing much as a holding pond because there ir no berm and it would have to be modified. Rowlette asked if removal of that pond would increase drainage problems. Gronberg replied that it is not currently helping much as a holding pond. Resident Mike Hilbelink - is a Realtor felt that creation of the proposed road would l»*s.sen the value of properties and that the area has full access now and the road is not needed. Another resident felt that the proposed road would ruin 3 lots, 6 through 8. Schroeder asked if the road makes sense for the City over the long term and whether there are any safety concerns. Schroeder felt he can see the need for similar connections in other subdivisions but doesn ’t see it as much in this subdivision. Mabusth responded that the cul-de-sac is designed to handle emergency vehicles. Lindquist felt that the proposed road creates a hardship on lots 7 and 8. Rowlette felt the creation of the road would make it a seven lot subdivision. Mabusth asked if the road is needed -- is it part of the planning for an integrated road system. Rowlette asked what might happen to Watertown should Highway 12 be on the south corridor. Would Watertown carry a lot more traffic and that maybe this proposed road would make more sense. Mike Hilbelink responds that’s why this road doesn ’t mak?sense. Cited fact that Minnetonka opened soinecul-de-.sacs and now the residents want to reverse those actions for safety reasons. Resident asked whether liaison would have to go through subdivision procedure/expense. Mabusth explained that he doesn ’t have to subdivide now but needs to be part of the planning and decision process. There was some discussion about septic i.ssuesand further testing and how the possibility of the need to increase the size of the holding poitd would affect a decision now . It was moved by Rowlette, seconded by Lindquist to recommend approval of #1862 for Three Star Trucking, 2590 Watertown Road, for the Preliminary Subdivision as shown without the outlot a.vsuming that is established that the berm will handle all the runolTand keep the runofi away from Hackberry Hill and will improve the situation, that the holding pond is adequate and if not it would be a 7 lot subdivision, that the septic testing on lot 3 is completed and that we have two alternate sites, that lot 8 has a secondary test site, and approval is also subject to resolution of all issues A-H as listed in the packet. Vote: Ayes 5, Nays 2. Smith felt there is enough uncertainty about road needs in the future, Nolan added that the right of could have been given up in the future. (#2) #1869 SIDNEY AND BARBARA REBERS, 2080 WAYZATA BOULEVARD - VACATION OF EASEMENT/CREATION OF NEW EASEMENT - PUBLIC HEARING Bob Kast with BRW was present representing Mr. and Mrs. R*,bers. Mabusth explained that the change in the placement of the sewer line was made in an attempt to save mature trees and get as close to Brown Road as possible while minimizing the impact on the outlet, and that the Commission is now asked to vacate the old easement and create a new easement. She also noted the engineers report isked that there would be 7.5 feet on either side of the sewer line. It was moved by Lindquist, seconded by Smith to recommend approval of application #1869 for Sidney and Barbara Rebers, 2080 Wayzata Boulevard, as listed which is creating the new easement and vacating the old easement with the conditions so stated. Vote: Ayes 7, NaysO. (#3) #1872 ORONO WOODLAND, INC. - PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - VACATION OF DRAINAGE AND UTILITY EASEMENTS - PUBLIC HEARING Paul Phillips was present. The Subdivision of a lot line rearrangement shall be completed as a plat realizing the cumbersomeness of the legal descriptions that would be created by metes and bounds format and so it was agreed upon by all that the plat would be done. One of the steps involved in the plat is the vacation «of drainage and utility easements. The shared lot lines will be redefined and the easements will be redledicated in the final plat. It was moved by Smith, seconded by Nolan to recommend approval of application #1872 as propo.sed. Vote: Ayes 7, Nays 0. (#4) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES - CONTINUATION OF PUBLIC HEARING Applicants contractor was present. Mabusth explained that the appl'cation had been tabled at the August meeting so that an updated survey and hardcover inventory could be provided. In return, applicant was to review the new facts and to present plan for hardcover reductions. Existing structure is within the 0- 75 ’ as well as much of the paved driveway and parking area. There are changed hardcover L calculations dealing with lakeshoie setback for the new structure, garage stall will be located in the 0-75’. There will be more permanent structure hardcover within the 0-75\ Hardcover in the 0-75’ exists at 24.29% and is now proposed at 17.8%. This reduction is in landscape areas that were installed prior to Spinner purchasing the property. Applicant is offering to remove plastic in landscaping areas. Rowlette stated that the reduction in hardcover is accepting structural for non-siruclural. Nolan asked if the calculations as now stated include the plastic. Schroeder asked if the applicant had any comments. Contractor stated that applicant is also going to remove some of the sidewalk on the west side of the garage (96 s.f.). Removing concrete on the east side would cause a drainage problem, causing erosion problems that would caase the garage footing to be above frost line. He reviewed the history of the situation. Doesn't understand why it’s a problem as the garage addition would be built over the existing concrete drive. Feels that removing the hardcover would erode land and cause the garage to shift. Nolan disagreed stating that he viewed the property and felt there are alternative methods to control erosion such as vegetation. Contractor felt that it would be inconvenient for applicant not to have hardcover and disagrees with Commission’s view. Nolan explained that Commission would like the resident to conform with currant hardcover standards. Schroeder asked whether they had looked at other areas to remove hardcover. Contractor replied that they had. Smith asked if applicant had considered placing the addition on west side near front entry? Contractor said il would not be possible as it would block the entry'way. Rowlette stated her concern is the excessive amount of concrete all around the house. Nolan asketl why he says the hardcover is for drainage. Contractor explained it’s because of the slope of the neighbors lot. Rowlette suggest the drainage could be accomplished with a culvert or drainage swale. Feels home is incredibly overbuilt with excessive amount of hardcover and would like to see some hardcover removed and that none of that amount is structural. Nolan asked about the eaves. Contractor explained that they will be cut on the east side, but will remain the same on the south side of garage, Mabusth explained that the eave will still be at about 4’ along the south side. West side will also be 4’ eave. Schroeder stated that Commission ’s concern is to limit the intensification of hardcover in the 0-75 ’ and that the original drawing indicated that every thing was outside of the 0-75 ’ and what is now discovered is that a considerable amount is within the 0-75 ’. Schroeder explained that the Commission requested Spinner to reduce hardcover to the maximum possible and that the feeling is that it hasn ’t been accomplished. Lindquist stated that he would like to see the garage on the west side rather than east side. Rowlette concurs. Nolan felt there would have to be some concessions in the way of hardcover. Rowlette stated that she ’s not as concerned about the average lakeshore setback as much as the hardcover within the 0-75 ’, especially with the elevation as is causes the rainwater runoff and debris to run into the lake. Schroeder suggested Issue could be tabled or voted on now. Tabling would give them opportunity to change plan. Contractor preferred the CommLssion to vote on the issue. It was moved by Smith, seconded by Nolan to recommend denial of the application for James Spinner, 940 North Arm Drive, which includes variances. Vote: Ayes 7, Nays 0. (#5) #1854 TROY ANDERSON 1490 LONG LAKE BOULEVARD - VARIANCES - PUBLIC HEARING Troy Anderson was present. Mabusth explained that applicant has already received variance approval for a side setback variance for a second story addition One of the conditions of the approval was that there were to becertain landscaping improvements completed by a deadline. She asked applicant w hether plantings are complete. Mr. Anderson stated that the trees are scheduled to be planted awaiting a new septic Lo be installed. The trees are on-site. Mabusth explained that applicant now propose a 26 ’x26 ’ garage to the north side of the existing residence requiring both side and rear setback variances. Theexisting residence is 20 ’6 ’’ from the lot line and the garage addition will be 16 ’ from the side lot line. The structure will r.v be 44 ’ from the rear lot line. Structure will also be placed over portions of the existing septic system so a new septic system will be installed. Smith asked for clarification as to where the trees are to be planted. Mr. Anderson showed where they are located presently and stated that they would be moved to the east side of the structure. Smith asked what applicants plan is for completing the second story. Mr. Anderson explained that the only remaining improvement is siding. He explained that he did not originally apply for the variance because he didn’t plan to build the garage as funds were not available. Now he has applied for financing for improvements but is required to complete the garage, siding and septic before financing will be completed. Schroeder stated that the Commission doesn’t want to feel pressured to approve the application for financing reasons. He also stated that there is some concern about the length of time to complete the construction and that is a larger than normal garage. Mr. Anderson stated that the garage is oversized because there is no basement and the garage will serve as storage space. Schroeder asked if the garage were a normal size would it remove one of the setback variances. Mabusth explained that the setback variance could be minimized somewhat but that the normal 2-stall garage is 24 ’. Rowlette asked had any neighbors responded? Mabusth responded that there is an unsigned letter in the packet. It was noted that applicant is removing the old driveway. Nolan raised a concern about the entrance to the garage because of the sharp turn and lack of back-out area. Mr. Anderson stated that he hadn’t thought about it but that he would plan for a backout area that would have to expand to both the north and west. Tliere arc no hardcover concerns with the property. Smith asked about how long until the work is completed. Mr. Andereon stated that it is his desire to complete the work in 60 days and that work would commence as soon as he receives the permit and when he can schedule the septic work. Schroeder asked whether the Commission should tie approval of the construction of the garage to the completion of the past projects including the plantings. Mabuslh responded that it could be done and has been done in other situations. Rowlette stated that she would like to see additional Arbor Vitae planted on the east and along the fence to the north since there will be some trees and vegetation lost. Applicant agreed to request. It was moved by Schroeder, seconded by Smith, to recommend approval of application # 1854 subject to additional conditions that Arbor Vitae be planted on the north side, similar to the condition imposed before, that the planting be installed prior to construction, that .siding has to be completed except for the area behind the house by the garage and must be completed before staff issues the permit for the garage, that applicant work with stall to address the driveway and need for adequate backout apron to assure safety for users of private shared drive, that septic testing must be completed and old driveway must be removed within 60 days (November 20, 1993). Vote: Ayes 7, Nays 0. (#6) #1855 PAUL E. BOWMAN 3458 NORTH SHORE DRIVE - VARIANCES - PUBLIC HEARING Paul Boman was present. Mabusth explained applicant proposes a second story over the existing single story structure. The second floor expansion will no encroach the average lakeshore setback line. TTiere will be an additional 2-story structure built over an existing deck on the side where they have a 13’ setback. The existing chimney at 4 ’8" from the side lot line will also be expanded vertically. The 2-story addition consists of an entry way on the first floor and closet on the second floor. Peterson conunented that the only resident affected is to the east and asked if that neighbor had made any comments. Mabusth responded that no neighbors have commented. She also commented that hardcover remains at 24.8% It was moved by Peterson, seconded by Rowlette. to recommend approval of Application #1855 for Paul E. Bowman, 3458 North Shore Drive for variance to side setback. Vote: Ayes 7, Nays 0. (#7) #1856 MARK AND JENNY PRUETER 3215 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING Mark and Jenny Prueter were present. Mabusth explained that applicant received approval for a rear addition of 18’x26 ’, including a deck to the west. He received hardcover and setback approvals, and avciage lakeshore setback approval for the replacement of a deck in the lakeside yard. He proposed removals within the 0-75’by breaking out some solid concrete and replacing w ith pads, the cement entry patio was reduced to 7’x 1 O’. Drainage was to dc rerouted to the ea.si lot line, collecting into an existing drainageway. Council held to the originally proposed hardcover percentage which was at 29.4%. The current proposal shows a 10 ’x26’ rear addition with a 5'x21’deck to the rear and a single story enclosed entry 6’x5’. Over that will be another 3rd story. Tne issues for the current review are the side setbacks, the average lakeshore setback, the hardcover excesses and now the issue of a height question. The code states that height of structure can be no more than 30’ or 2-1/2 stories. The lower level has to be classified as a full story since more than 50% is above grade. The structure is now considered a 3-story structure per the building code. Total height is 29’6". Side setbacks are slightly improved, hardcover is currently proposed at 29.5%. The applicant is now asking that the sidewalk remain in the solid configuration for ea.se of maintenance and the cement pad is now at 9’10". Mabusth stated that if this configuration is allowed there won’t be a reduction in hardcover in the 0-75’ and hardcover is now at 29.5% rather than 29.4%. Applicant commented that the walkway was 53’ and the City Council suggested removal of 65 s.f. and in the current proposal reduces the walkway to 35' or 105 sq. ft. hardcover. Schroeder asked if there is a way to gel the hardcover down. Mr. Pnieter responded that the 9’xlO’ pad in the front could be reduced to 7 and 10. Schroeder said he’d want to make proposal as close to what was originally proposed. Peterson a.sked whether any neighbors had any concerns regarding this addition. Mabusth noted the letters from the neighbors. Lindquist commented that hou.se to east of applicants will be significantly taller than proposed structure. Rowlette commented that it would be difficult to remove snow and ice on pads and that it doesn’t make sense for a main walkway. It was moved by Lindquist, seconded by Peterson, to recommend approval of Application #1856 subject to reducing hardcover to 29.4%. Vote: Ayes 7 Nays 0. (#8) #1857 JAMliS L. STINSON 2623 CASCO POINT ROAD - VARIANCES - PUBLIC HEARING Mr. Stinson was present. Applicant proposed 1 1.5’xl8’ addition to the lakeside of residence and the reinstallalion of a 1 1.5’x21’ deck adjacent to the addition. It will be placed where there is a landscaped area underlain with geotechnic fabric that wasn’t recorded. The proposed improvement results in an increa.se in hardcover. Mabusth asked applicant if any other landscape areas had geotechnic fabric. Mr. Stinson responded that all landscape areas arc lined with geotechnic fabric. Mabusth stated that the fabric will have to be removed as the City of Orono considers the fabric as hardcover and the property is already at greater than 50%. Mabusth continued that there is an average lakeshore setback encroachment of 11.5'. The house on one side is 7.5’ from the lot line which requires a side setback variance for new construction. Hardcover excesses exist. The property shares a parking area. There is no h?-'i''''ver in the 0-75 ’ area. Mabusth asked the Commission where the additional hardcover removals could come from? There have been no comments from neighbors. Rowlette commented that there is an incredible amount of hardcover on the property and she would prefer to hold it at the existing or reduce it. Mabusth stated that hardcover is proposed to increase by 59 s.f. Rowlette mentioned the pro.ximity of homes to one another and the concern about allowing the lakeside addition to encroach into the average lakeside setback with regards to the fact that a new setback is being created which might induce neighbors to want to make the same kinds of variances or improvements closer to the lake. Mr. Stinson brought up the point that his neighbor on the right has no window looking onto his property. Schroeder cautioned that windows could be added to that side of the neighbors home in the future. Mr. Stinson countered that the area is heavily wooded enough that there should be no concern about privacy issues. Nolan concurred with Schroeder and fell that Commission should make the effort to improve the situation and suggests that applicants review the situation. His main concern is the hardcover rather than the average lakeshore setback. Schroeder stated that he feels the lakeshore setback is a bigger concern. Mr. Stinson asked for clarification of the average lakeshore setback. Mabusth explained how the setback is created and that the big concern is with homes or additions being built closer and closer to the lake. Schroeder commented that the home 2 doors down from the subject property along w ith the subject properly could create a new average lakeshore setback and the neighbor between then could then build an addition to that new average lakeshore setback without having to acquirea variance.Itwasmoved by Lindquist, seconded by Rowletle, tofor James L. Stinson, 2623 Casco Point Road, for vanances. Vote. A>es 7, ay. .(#9) #1858 JOHN AND MARLA MERIDITH u^ADiNr3685 WATERTOWN ROAD - VARIANCES - PUBLIC HEARI Mr. and Mrs. Meridith were present. Applicant is proposing the installation of a 4.800 s.f. to the allowed oversized accessory structure on a property that j, a variance to the allowed tml L well as a ^riance ^diSsTforThe total area of all accessory structures on the property. The issue ofseptic has been resolved. Septic is located in the eastern pasture area. Mabusth asked the applicants to obtain a survey showing exact locations of all structures. Lindquist asked if the house is on a separate parcel? Mabusth responded that both parcels were under thesame ownership and they combined both parcels when the applicants installed the barn. Peterson asked what the height of the structure is. Mabusth responded that it would be 22’ to the peak. Peterson asked how many horses are on the property. Mrs. Meridith responded that there are 4 and possibly would be one more. Schroeder asked what the plans are for the structure - would it be a business. mm'mum'.ia |»sSWe to. .he eafely of ho.ws .u,.e .orking them in n .null ere. h 1.^. harmful to their legs. Mrs. Mabusth submitted letters from the neighbors slating their approval of the structure. Mabusth asked what color the structure would be. Mrs. Meridith stated that it would be the same color as other buildings • beige with while tnm. r It was moved by Peterson, seconded by Smith, to recommend approval of application #1858 for John and Marla Meridith, 3685 Watertown Road for variances discussed being that the accessory structure is 4,800 s.f. instead of the allowable 3,000 s.f. Smith added that if the property was ever subdivided, the owner would take responsibility for those structures. Also required is the updated survey, and the understanding that maxunum allowable horses on this property is 7 based on the size of the land and is lor personal use and not a business. Vote.Ayes 7, Nays 0. (#10) #1859 JEFFREY H. MUELLER 222 BEDERWOOD DRIVE - VARIANCES - PUBLIC HEARING Mr. Mueller was present. Mabusth explained that the applicant seeks approval of a setback variance that would allow an accessory structure to be placed in the front of the front line of the principle struc ture. The structure will also require a side setback variance. The improvement uivolves a complete replacement of the detached garage within the street yard of the property. It will be built within the current building envelope. Mabusth asked the applicant whether he could move the structure over enough to meet the side setback. Mr. Mueller agreed that he could do that. It was moved by Rowlette, seconded by Berg, to recommend approval of application #1859 for Jeffrey H. Mueller, 222 Bederwood Drive for accessory structure built in front of the front line of the principle structure. Vote: Ayes 7 Nays 0. (#11) #1860 ZELMA H. MCKINNEY ^ 3599 LIVINGSTON AVENUE - CONDITIONAL USE PERMIT - PUBLIC HEARING Mrs. McKinney was present and accompanied by her daughter, Gayle Siegler. Mabusth explained that property is located in Navarre Heights on Livingston street. Mrs. McKinney purchased the property in May. 1%2 when triplex use would have been permitted. It was always used as a rental property. There have been zoning amendments since whereby only single fiimily residential use would be allowed. Mrs. McKinney is applying for a conditional u.se permit per Section 31.100 of the 1975 Code. Mrs. McKinney seeks approval of two residential units; one to be ow ner-occupied and the other a rental apartment. The majority of neighbors that called were .satisfied to hear that the property would be owner- oaupied duplex and only one neighbor preferred to see the property revert to single family dwelling status. Commission members felt the property was visually appealing and if the property did revert to single family, the exterior of the structure would not be altered in anyway. Mabuslh reviewed the ownership paltem of the development lots of the Navarre Heyetle neighborhood as follows: 12 single lots, 14 as double lots, ?nd 1 as three combined lots. Nolan asked how the City enforces occupancy status. Mabusth explained that the conditional use permit would be filed in the chain of title, Rowlette asked if there are other properties like this. Mabusth explained that there are some non-conforming use properties and clarified that there are similar properties in the neighborhood. Schroeder asked if there is a deadline to file this conditional use permit. Mabusth staled that she was not aware of any deadline established in the code and asked members upon their review of the pertinent section of the code if they concurred. Rowlette brought up the point that this would be a good time to revert the properly to conform w'ih current standards, getting it into the single family dwelling status. Smith asked about the pros and cons of single family vs. duplex if the property were for sale. Mabusth slated that it would be more consistent if it were zoned single family, but reiterated that there are other properties similar to this in the neighborhood. Rowlette asked about the floor plans of the unils/number of bedrooms (4) as it .elates to the number of possible vehicles parked on the property. Mabusth explained that there is a two stall garage and adequate room for two car parking on the property. Mrs. McKinney commented that there are currently two people living upstairs. It was moved by Nolan, seconded by Peterson, to recommend approval of application #1860 foi Zelma H. McKinney, 3599 Livingston Avenue recognizing the conditions for approval as set forth by staff. Vote: Ayes 6; Navs 1. Rowlette voted Nay. (#12) #1861 JEFFREY S. LEECH 720 NORTH ARM DRIVE, VARIANCES - PUBLIC HEARING Jeffrey S. Leech was present. Applicant proposes the installation of a new foundation under the existing detached garage within the street yard of the lakeshore lot. The exLsting garage is located within subslandard street and side setbacks. There are excesses of hardcover on the properly. Mabusth explained that the structure is located on a severely limited lot. The requited setback for a garage with the door opening toward the street is 30* and the garage is located 1 *7" from the street lot line and 29 ’ from travelled road. It is located on a shared driveway. 1 he required sideyard setback is 10’ and the structure is 1*8" from the side lot line. Smith asked if the applicant considered putting the garage at the end of the shared driveway. Mabusth asked if they considered an attached structure. Mr. Leech replied that he had not considered it. Mabusth noted that a detached garage would have to be 10’ from the principle structure. Nolan asked if the sidewalk would be replaced and noted that there is a drainage problem as water pools in the middle of it. Smith noted the deck in the 0-75’ and asked if the deck was there when they purchased the home. Mr. Leech replied that the deck was there when they purchased the home. Smith asked about what appears to be an erosion problem near the shoreline. Mr. Leech responded that he is addressing the issue as thev can afford to make improvements. It was moved by Lindquist, seconded by Berg, to recommend approval ofapplicat >n #1861 for Jeffrey S. Leech, 720 North Arm Drive as listed subject to working with stall on drainage problems. Vote: Ayes 6 Nays 1. Rowlette felt the hai drover issue should have been addressed to find ways to reduce it. Chairman Schroeder asked for a 5 minute recess. (13) #1863 ROBERT LUESSE 32^9 CASCO CIRCLE - VARIANCE - PUBIJC HEARING Mr. Luessc was present. Mabusth explained that when the Coinmivsion originally approved the application it had several other iinprovemenls. The garage was ba.sed on a former survey which showed the garage 3’ from the lot line. An updated survey shows the garage is 2’4" from he lot line. Mr. Lues.se was given opportunity to start conslruclicn byoff-s^'ting the structure 8" but he opted instead to come back to the Commission with a new proposal. Peterson asked if there were any comments from the neighbor to the north Mr. Luesse .•espondrd that he had talked with the neighbor but he did not have any concerns •rgarding the proposal as he originally approved an extension along the existing setback. There was some discussion as to the s.f. f?gures in the original hardcover survey and it was discovered that some of the figures had been rounded off. It was moved by Rowlette, seconded by N<*lan, to recommend approval of application #1863 for Robert Luesse, 3249 Casco Circle, for the amended variance application subject to the installation of a firewall. Vote: Ayes 7 Nays 0. (#14) #1864 IRWIN JACOBS 1700 SHORELINE DRIVE - CONDITIONAL USE PERMIT - PUFLIC HEARING Jim Jenson represented Mr, ’acobs. Mabusth explained that the application involves a conditional use permit for a new caretaker residence to replace an older caretaker residence rn the original 2.7 acre parcel. Mabusth explained that there were previous applications for variances for a guest house and oversized acce&sory structures and those applications had been approved. The structure meets the 100’ lakeshore setback and that only a grade level patio is proposed within the 75-100’ setback area which is allowed by the current code. The structure will also be decreased by 349.8 s.f. Peterson asked if anyone was able to view the property. Rowlette responded that she went to the gate and the caretaker came to get her and showed her at ..und the property. Schroeder commented that there was a breakdown in communication and suggested that it be addressed. Peterson stated that he was not certain of whether he could vote on the property as he was denied access to the property. Mr. Jenson apologized for the breakdown in communication and said he would address it Schroeder asked why Mr. Jacobs wanted to build the structure. Mr. Jensen replied that the existing structure is ver>’ old and in great disrepair. Schroeder asked which Commi.ssion members were able to vie v the property and asked whether it could be vo ’ed on now. Rowlette commented that she had no problem with the proposal. She discovered in her conversiition with the caretakers that the structure doesn’t even have a foundation under it - it’s just a dirt lloor with wood over it. Schroc ler asked about ihe septic. Mr. Jensen said that it is in process. It was moved by Rowlette, seconded by Schroeder, to recommend approval of application #i864 for Irwin Jacobs, 1700 Shoreline Drive for tiie Conditional Use permit variance to rebuild the accessory structure subject to the size of accessory structures, that the on-site septic testing will be completed for a principle and an alternate site, and that the structure can never be used as a rental. Vote: Ayes 7 Nays 0. (#1S) #1865 David Owen 2248 SHADYWOOD ROAD - VARIANCES - PUBLIC HEARING Mr. Owen was present. Mabusth explained that applicant would like to rebuild the foundation of his garage and parking pad and improve drainage by raising the foundation 8" (water from the street rushed into his garage). Structure is located 1’+ from street lot line and doesn’t meet required side setback. Mabusth asked Mr. Owen if there would be structural repairs to the garage. Mr. Owen replied that th-' 'e woulo be some, along with retaining wall repair, slab removal and installation of safety rails. Mabusth explained that the major problem for the property owner is that in the early 50’s the County took an easement for snow fencing (not right of way) at the end of his driveway. The County has advised us that they are willing to release the easement but the City of Orono needs the right of way for Crystal Bay Road. Gerhardson has advised that the City needs only the portion of the easement defmed as travelled road. The structure would then be located 10’ from the street. Peterson commented that he viewed the property the night before and saw the water rushing into the garage. Mr. Owen stated that the garage is actually lower than the street. Nolan asked what Mr. Owens plans are for the water problem and wondered if drainage wasn’t addressed properly, the water would be averted onto the neighbors property. Nolan also asked if the garage door opening would remain the same. Mr. Owen stated that he would actually lift the garage and replace it on the new foundation. Noian asked if Mr. Owen planned to clean up the concrete on the side of the garage. Mr. Owen stated that he has plans to clean up the area. Mr. Owe»:’s intent Ls to get the water to drain out onto the street. He felt that the water would stav on his property though if it did drain back from the street, drainage would go around the , to recommend approval of application tlie Conditional Use permit variance to ccessorv ’structures, that the on*site septic nate site, and that the structure can neverPUBLIC HEARINGbuild the foundation of his garage and indaiion 8" (water from the street rushed t lot line and doesn ’t meet required side ral repairs to the garage, h retaining wall repair, slab removal and operty owner is that in the early 50’s the of w ay) at the end of his driveway. The .e easement but the City of Orono needs las advised that the City needs only the he structure would then be located 10’ night before and saw the water rushing ^n tlw street. oblem and wondered if drainage w’asn ’t the neighbors property. fmain the same, and replace it on the new foundation, icrete on the side of the garage. he street. He felt that the water would i street, drainage w'ould go around the garage on the east side because of a small berm or landform betw een the properties. Schroeder asked if the neighbors are aware of his plans.Mr. Owen responded that both neighbors are aware.Rowlette felt that the City has to be involved in solving the drainage problem.Peterson felt that if the foundation is built up as proposed and done nght, that the water would drain back down Crystal Bay Road. Lindquist concurs. Nolan stated he would like to see some elevations to insure thi t the job is done right. Mr. Owen agreed. It was moved by Lindquist, seconded by Berg, to recommend approval of application #1865 for David Owen, 2248 Shadywood Road, with the urderstanding the he work with the City on the elevations and drainage problem. Nolan added that he would like to see the debris beside the garage cleaned up and removed during the construction. County and City will work with applicant to see that right of way is deeded back to him. Vote: Ayes 7 Nays 0. (#16) #1866, #1867, #1868 JAMES AND JOANN JUNDT 1400 BRACKETTS POINT ROAD #1866 CONDITIONAL USE PERMIT - PUBLIC HEARING #1867 VA RIANCES - PUBLIC HEARING #1868 CONDITIONAL USE PERMIT - PUBLIC HEARING Mrs. Jundt was present. Mabusth explained that these are actually three separate applications. #1866 deals with a caretaker apartment on the second floor of the main house. Current owners propose major repair and alteration of original caretaker unit. Access comes via a hallway that is entranced from the interior of the house and also from a .secondary access via the lower level of the garage. Mabusth asked for clarification of an opening to another bedroom area. Mrs. Jundt explained that their intent is to have a doorway punched out but not open in the event they want to open the rooms to one another in the future. Peterson asked what would be the primary access. Mrs. Jundt explained that they would have private access through the garage as well as through the house. [11 bclwcen the properties.le drainage problem.nd done right, that the water would,re thi't the job is done right Landing^ he work with the on le would like to see the debns tode an. County and City will work with Vote: Ayes 7 Nays 0. JUNDT IBLIC HEARING IBLIC HEARING aie aprlications. #1S66 deals with a >use. Current owners propose major comes via a hallway that is entranced iary access via the lower level of the ihCT bedroom area. rway punched out but not open in the the future. ss through the garage as well as through ► Peterson asked why there needs to be two entrances.Mrs. Jundt responded that they want the caretakers to have their own private entrance.Schroeder explained that the issue for the City is that a private entrance might indicate an intent to rent the unit and asked whether they planned to rent out the unit. Hecomniented that one way to prohibit rental of the unit would be to have the principle access through the mainhouse.Mrs. Jundt replied that her intent is not to rent the unit but to have a caretaker living on site.Peterson commented that the two stairways leading from the lower level seem so close that it didn ’t seem necessary to have an additional access. The architect for the project explained the stairs .seem close on the second floor level but that they are not close at the bottom. Mabusth noted that the second stairway serves as access from the garage to the kitchen and eventually to the second floor. It was moved by Rowlette, seconded by Lindquist, to recommend for approval of application #1866 for James and Joann Jundt for conditional use permit required for caretaker apartment within the second floor of the main house as proposed. Vote: Ayes 7 Nays 0. #1867 Mrs. Jundt was concerned about the hardship statement that involves the toathou.se and steps. See Exhibit K, # 1 . Their plans are not to abandon the boathouse and steps as the property has historical significance and they want to assess all factors before making a decision on lakeshore improvements. Rowlette explained that it has been the City ’s intent to remove non-conforming structures within the 0-75 ’ that begin to deteriorate and that applicant would have to work closely with the City on any repair or changv^ to this structure. Mabusth explained that the stone steps near the boathouse are figured in the hardcover calculations. Architect clarified the size of the deck as well as the purpose of the deck. It will be u.sed for storage of dock sections, and not for sitting or viewing. Mabu.sth stated that there are no particular regulation regarding the light on the deck. Lindquist asked what it would look like. Architect stated that it would be a dc'corative, low intensity type light fixture. e iheir own privaie enlranee, ■ivaie entrance might indicate anI out the unit. He commented thatprinciple access through the mamL to have a caretaker living on site, he lower level seem so close that it eon ihe second floor level but that from the garage to the kitchen and Vote: Ayes 7 Nays 0. cfore making a decision on lakeshore remove non-conforming structures :ant would have to work closely with .ihouse are tigurcd in the hardcover irposeofthedeck. It will be used for I- 1 regarding the light on the deck. tensity type light fixture, Rowlette asked if the dock would connect to the deck.Architect stated that it would have to be connected.Schroeder asked what is normally done with dock sections when they are pulled from the water. Architect replied that they are usually laid on the lawn.Schroeder stated that his concern is having a (narrowly defined) structure in the 0-75 ’ area. However, he felt the proposed structure was reasonable for dock storage. Schroeder noted that the concern with the structure is that if it is used as sitting or viewing area, there may be many such requests for similar structures. Mrs. Jundt commented that the deck was planned ba.sed on the size of the dock. Rowlette stated concern about the fact that there are three stairways. Mabusth noted the code does not limit a property to a sper-fic number of decks. It was moved by Nolan, seconded ’ey Rowlette, to recommend approval of application #1867 for James and Joann Jundt for variance of a structure within the 0-75 ’ and hardcover within the 0-75 ’, repair of existing accessory structures within the 0-75 ’ will require appioval, and that deck be used only for dock storage. Vote: Ayes 7 Nays 0. #1868 Mabusth explained that the applica aon involves a conditional use permit for a guest house with a caretaker apartment and greennouse aa well as residential garages. The applicant is not proposing any improvements but staff felt it would be appropriate to advise the applicant to obtain a conditional use permit. It is an oversized accessory structure and does not meet the required side setback. Schroeder asked where we stand with septic. Mabusth explained that the property would be subject to new interim ordinance because the City is evaluating the triggers for when someone has to replace a septic system becau.se of the separation problems with issuance of a building permit for improvements. On-site septic inspections will continue. Residents have two years to repair them. This is a non-conforming septic system. Schroeder asked if a decision made on this application would affect the septic issue in any way. Mabusth responded that it would not because this matter has been covered under the permit for this property. It was moved by Peterson, seconded by Smith, to recommend approval for application #1868 for James and Joann Jundt for conditional use permit for guest house and caretaker apartment and variance to area of oversized accessory structure. Vote: Ayes 7 Nays 0. It was moved by Berg, seconded by Rowlette, to delete the phrase "will be abandoned" from the hardship statement. Vote: Ayes 7 Nays 0. (#17) #1870 STEPHEN AND RANDl CARLSON 1185 ARBOR STREET - VARIANCE - PUBLIC HEARING Stephen Carlson was present. Mabusth explained the applicant proposes a single stall garage addition to the existing principle structure that will be located in a sub-standard street setback. The single stall garage has a lower level. The floor is collapsing and is very unsafe. Mabusth .asked if this would be a double-level garage. Mr. Carlson responded that his intent is to maiiitain the lower level garage in the back to use as storage but that addition part would be filled in with dirt. Rowlette noted that there are no hardcover issues. It was moved by Nolan, seconded by Rowlette, to recommend approval of application #1870 for Stephen and Randi Carlson for variance as listed. Vote: Ayes 7, Nays 0. (#18) #1871 TAYLOR/LAUER HOMES 1725 BOHNS POINT ROAD - VARIANCE - PUBLIC HEARING VARIANCE NO LONGER NEEDED. (#19) #1873 JACK EDWARDS 1340 REST POINT CIRCLE - VARIANCES - PUBLIC HEARING Jack Edwards was present. Mabusth explained that applicant proposes a 4’xl2’ addition to the garage. He's also putting a lower level 8’xl 1’ storage addition to his existing workshop area. Because his doors face away from the street he needs only a 10 ’ setback. Hardcover is reduced by 222 s.f in the 0-75 ’ and 4';3 s.f. in the 75-250 ’. Nolan discussed the issue of drainage and suggested that Mr. Edwards present a grading proposal for the north side between the garage and the house. Mabusth noted that there is a City drainage culvert that outlets on Mr. Edwards property. i nmend approval for application #1868 3r pest house and caretaker apartment Vote; Ayes 7 Nays 0.j the phrase "will be abandoned" froiuN hearing arage addition to the existing principle etback. The single stall garage has a lower level garage in the back to use dirt. nend approval of application # 1870 'ote: Ayes 7, Nays 0 Lie hearing I 1C HEARING on to the garage. He’s also putting ^op area, Bccxiusc his doors Tecc tr is reduced by 222 s.f. in the 0-75’ I Mr. Edwards prsent a grading uiiets on Mr. Edwards property. Mr. Edwards stated that he is willing to work with the City on the drainage issue.It was moved by Lindquist, seconded by Peterson, to recommend approval of application #'«73 for Jack Edwards, 1340 Rest Point Circle as proposed and that Mr. Edwards be given the opportunity to work with the City on the drainage issues. Vote; Ayes 7, Nays 0.(#20) REPORT BY PLANNING COMMISSION REPRESENTATIVENolan reported the Council approved everything and that the only issue of any controversy was Seiss - shared driveway. (#21) OTHER ISSUES Chair Schroeder commented that weareworking toward a collective tour. He encourages each member to drive through the marinas. There are seven of them and it can be done rather quickly. (#21) APPROVAL OF MINUTES Schroeder noted that Lindquist ’s absence was not noted on the minutes. It was moved by Peterson, seconded by Schroeder to approve the minutes of the August 16, 1993 Planning Commission Minutes. Ayes 7, nays 0. (#22) REPRESENTATIVE TO THE COUNCIL MEETING Rowlette volunteered to attend the September 27, 1993 Council meeting. Lindquist volunteered to attend the October 11, 1993 Council meeting. ADJOURNMENT Chair Schroeder adjourned the regular Planning Commission meeting at 11 45 p.m. Charles Schroeder, Chairperson SEE OVERSIZE DOCUMENT(S) 4' -1------------ > JM ; . f*o' -“1^.:7s^"SUGAR WOODS