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HomeMy WebLinkAbout05-11-1992 Council Packet':k'’ 7 t;:-^ ;:•... f,/M > '••, » It' “’''■ ■'V*' ■ .. . iiL»_- ■ •■^ A.-t/'r;. IT^:-':; R,-‘” v , ' K-..-I',-. .■" te'-' r'"'-*■•■ i- ■ rr..,^-v; .., - 4 w 1 • ^ .. ..- -•p, <• pi't. ■' -•■ ■• -• fe- f^Vv j^"<.' ^ ^-1 . ■K. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, CounciImembers Gabriel Jabbour, J. Oiann Goetten and Mary Butler. Edward Callahan was absent. The following represented the City staff: City Administrator Ron Moorse* Public works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Police Chief Stephen Sullivan, City Attorney Tom Barrett, and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:17 P.M. (#1) CONSENT AGENDA Butlar added Item S10 to the consent agenda. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all Items adopted by consent agenda will be included in the minutes in their respective numerical order. (»#2 & 3) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular meeting of the Orono Council held on April 27, 1992. Ayes 4, nays 0. It was moved by Jabbour, seconded by Goetten, to approve the minutes of the Board of Review meeting held on ApriI 29, 1992. Ayes 4, nays 0. PUBLIC COMMENTS Bob Beutler. representing Stephen Brown, referred to a letter he submitted regarding adoption of a resolution for property at 3262 North Shore Drive. He asked the Council to reconsider their decision as the property adjacent to this parcel has been purchased by the DNR for a boat launch. Jabbour stated that the Council strongly felt that the garage should be removed and would not reconsider the request. He stated they must be as protective of DNR owned property as of residentiaily owned property. He noted that whatever happens to the land owned by the DNR is Insignificant when determining the use of the property In question. i ^****^^ 1- w. fTC-' ^ “k- fe-' fe'-f- m‘-m tf- !ii# «» JEvSS4?-vm'^ffips- ^ te WM: >•'.- ,•. &’>;f.l--’: V ■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11. 1992 FHJBLIC COMMENTS - CONT. Jennifer Dotzenroth. 3225 Casco Circle, advised Council that there is a rumor that the DNR has decided to proceed with the Maxwell Bay access. Qoetten said that Marge Gasch had talked to Gorden Kimball of the DNR and wa& told that the DNR was going to wait to proceed with the access until after the study was completed. Jabbour stated he did not concur with that and exoiained that the City has worked very hard to get the DNR to ask the LMCD to study lake access. The DNR accompanied by City staff visited the landing and Gayle’s Marina and indicated that they were no longer waiting for a decision by the LMCD. He stated a sense of frustration with the LMCD. He said it was Council’s duty to examine all governmental entities. Dotzenroth Implored Council to take action regarding this issue. Jabbour stated he would like to sec the criteria negotiated and would like to discuss with the DNR what constitutes a parking space. He Informed the Council that Moorse was removed from the Standards Committee. Goetten stated that the LMCD has lost site of their original goals. Jabbour felt the DNR was more receptive than the LMCD of late. It was moved by Jabbour, seconded by Mayor Peterson, to direct Council to send a letter to the DNR informing them of the need to discuss ail possible land uses within the City of Orono, and to direct staff to send a letter to the LMCD noting that the minutes of the last LMCD mooting did not show Orono’s concerns which were addressed, and announcing Orono’s unhappiness with the LMCD’s performance. Ayes 4, nays 0. Goetten suggested that they request Orono’s representatives to be reinstated to the Committees they were appointed. ■... -••'%■•• ••Mr W--' ■'■ ■’.lVj*V-.; I . iif-' •:l-: «»? '* •.';i & It" ;.v> u'>nl ii-p& MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD MAY 11, 1992 (#4) #1698 JIM RIVERS, 1442 SHORELINE DRIVE - AFTER-THE-FACT VARIANCE Mrs. and Mr. Rivers were present. after 1976. Butler asked what prompted the issue to be brought up at this time. Mabusth explained that a neighbor requesting a variance was denied and then questioned Rivers’ ability to have installed the norch. Butler recalled the general tone of the rules and regulations of the City In 1976 and noted a much less strict climate. She felt It difficult to accept any culpability on the part of Rivers i:ur^Vrr ridiculous. Qoetten and Jabbour agreed. Mayor Peterson disagreed and stated the plans specifically did not Include the deck. It was moved by Butler, seconded by Goetten, with due respect to the Planning Commission’s recommendation and time spent by City staff on the application, to grant an after-the-fact variance for Application #1698 for Jim Rivers of 1442 Shoreline Drive for the construction of a screened porch, and to direct that the question be closed and not addressed again. Ayes 4, nays 0. Rivers announced that he still Intended to instalI the green space as proposed. (s#5) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE - RESOLUTION #3116 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3116 for Application #1700 for Dale McCurdy of 4041 North Shore Drive for a variance to allow the Installatlon of a deck. Ayes 4, nays 0. \ .i I 1 I .... >■ Wr- .; .. ;»., W ' '■il-'-* Ifef B- Fp.'fe- tpf.--. %S«' .^■ t" t i IPr. T -".' ? Pte- A|"&5fc - ■ IP!:- |f|^:%;;.;V V u X___n .mew i^' W< if- : ^V.^f,A lfttA‘7,’ *1^''mm ■'■. V f|||P is- Bri* MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 (#6) 17U THOMAS LYTLE, 1935 CONCORDIA STREET - VARIANCE - RESOLUTION #3117 Mr. Lytle was present. Moorse explained this is an application for variances to allow construction of a garaQe and deck on the property. The Planning Commission recommended approval. It was moved by Butler, seconded by Goetten, to adopt Resolution #3117 for Application #1714 for Thomas Lytle of 1935 Concordia Street granting variances for the construction of a garage and deck. Ayes 4, nays 0. (»7) #1726 BARBARA & JAMES OLEXA, 995 WILDHURST TRAIL - VARIANCE - RESOLUTION #3118 Mr. and Mrs. Olexa were present. Moorse explained this application Is an application for variances to a two phased project. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3118 for Application #1726 for Barbara and James Olexa of 995 Wlldhurst Trail granting variances for the two phased project. Ayes 4, nays 0. (#8) #1728 MOLLY AND DRAPER JAFFRAY, 540 BARRETT AVENUE - VARIANCE - RESOLUTION #3119 Moorse explained this is a request for a front street setback variance for an addicion to the existing home. The current home is 14’5" from the street setback opposed to the required distance of 50*. The proposed addition will be 25*. It was moved by Goetten, seconded by Butler, to adopt Resolution #3119 for Application #1728 for Molly and Draper Jaffray of 540 Barrett Avenue granting a front street setback for an addition to the existing residence. Ayes 4, nays 0. ■ ■- >>%i.. B'fe # ^^i*‘ •.j'j -1 .V ir"t' V. it#-' 0.: i%'“ ■ t#gs| .^W:; ^ ml- B-i''.L:<^W: i'i -. ■ •'.» iV' *.> I-* ' V ? ^■'•,V^r-i ',■''''•‘•■I- ■X ' :• .»•: 'm->V 'F' \f- ' : '■- *;- , r > *' ' •.>r»- • -» ■-'5'^T f •■ .-7EVc'ir :^i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 (#9) #1730 GREG MALIK, 3060 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION - RESOLUTION #3120 Grag Malik was present. Moorse explained this is application for a two lot preliminary subdivision. The applicant will be living in the existing residence until the new residence is completed, which may cause some problem as far as the septic system Is concerned. Malik said he discussed the parcels with Steve Schirmers who confirmed two new on-sIte septic sites on each of the proposed lots. The road to the new residence will go over the existing septic system. The new primary site for the lot is on the west side and half way up the hill and the secondary site is in tront of the house, but too close to the existing well. Schirmers stated there would be no problem Instal I ing the septic system at primary location by using a half horse motor instead of a third horse motor to pump the sewage up the hill. Goetten noted the concerns expressed at the Planning Commission meeting were the primary and alternative septic sites for both lots. Malik stated that he is hoping to "^11 the front lot off and felt his chance of selling the parcel t.-.y be better with the ej^.lstlng home left on It. Jabbour noted he should be allowed to live in the existing residence for as long as he wants provided the house Is connected to an acceptable septic system. Mabusth stated she would need confirmation of the primary and alternate septic sites for both lots. Malik noted he could use the alternate site by caoping the existing well. He said he was anxious to sell off the additional lot. Mabusth noted this condition should be included within developers agreement to ensure compilance and noted that the cannot be sold without a conforming septic system. the I ot Malik asked If that requirement could be changed to “the house cannot be occupied without a conforming septic system". He stated he did not want to expend additional money If the future property owner was going to remove the existing house. . ^■ A I i \ •J-'-r* ■ '".I-' .' m ten. s^. jm.PP: tf|4' IP';: -.i J-'- |:|j?i;--^'^ k;Ifp^~^\ teff ■ ■ '■ r‘f- ifM' Iffa a if 8|ili if'm:ife f'e ^m ^■r ■ ir p ui^'.V,. • Pv i\ ffp'B-'. •lifefe.-. i-X'i isi'-,. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 ZONING FILE #1730 - CONT. Mabusth stated that the Planning Commission was concerned about leaving a vacant residence for any length of time. Ed Cohen, Planning Commission representative, said they were concerned that a vacant house would be creating deterioration. He stated the Planning Commission wanted the options and deadiines in writing. Jabbour suggested a six month leeway after the completion of the new residence. Mabusth said that would be fine as covers that period of time. long as the letter of credit It was moved by Jabbour, seconded by Butler, to adopt Resolution #3120 for Application #1730 for Greg Malik of 3060 Sixth Avenue North for prelImlnary subdivision approval, based on the appileant either razing the existing residence or capping the well to locate two septic system sites on the property within six months of Issuance of the Certificate of Occupancy for the new residence. Ayes 4, nays 0. MAYOR/COUNCIL REPORT A) Jabbour referred to the editorial pubiished in the Sailor Newspaper* He stated at the last Counci I meeting, he announced the meeting to be held on Thursday in an effort to resolve disagreements with Long Lake. Ho was upset with the mls-quotes of the Mayor, He noted the Council Is very concerned with following the required process. Qoetten asked prior to the meeting if there had been proper notice. Mayor Peterson pointed cut a published opinion also in that same newspaper. B) Butler asked when Public Works would be cleaning up parks and fixing pot holes. Mayor Peterson asked when the pile of debris coilected from Clean­ up Days would be removed. She suggested they re-evaluate the process for clean-up days. Gerhardson noted some of the Increase may be due to the lack of burning permits Issued and noted permits have been restricted by the PCA and because of the additional work load for the pol ice department. 1i A 1 ^ V. •■-'^r WM. * J * * m siil-r?’ -*i • c V"' I A' • • I 1^^-r: 4”' ^:t ■;v'’V., f'-' mr ■:> W- ■^r r '. ,. ■ •;, -3ii.- y.' > ’.V ‘’A.- ,.M; , ^ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 MAYOR/COONCIL REPORT - CONT. !•;“ HHHSr‘£r S7£r r Hrr ;:i Itsms th6 AMM had dealt with. Butler asked If the AMM was successful to loosen up on aid to cities. Mayor Peterson affirmed they were Jabbour asked about sales tax. Mayor Peterson stated the AMM supported the sales tax bill. D) Goetten explained she attended a meeting last ?steve Endorsing Conmittee. Her concern was that a few Persons (Steve smith, Gen Olson and John Burger) as tha now candidate, Goetten felt that due t Irrevocable position on the use of the southern Highway 12, she felt it incredible that these people nominated Miller. She felt It was a mistake to support someone who couIdn win this area because of her position on the corridor. that perhaps they have already made a decision on wnere the corridor will be going. («#10) PAY REQUEST #1 WATER TOWER HIGHWAY 12 It was moved by Jabbour, seconded by Goetten, to authorize if PayTquest »1 for the water tower to Pitt De-Molnes for an amount of $94,130.75. Ayes 4, nays 0. (Sill) AWARD LIQUOR LIABILITY INSURANCE - GOLF COURSE j),r ,r “uir'Tr. iV, “j-r (*i12) POLICE INTERN It was moved by Jabbour, seconded by Goetten, to authorize Jranzen to participate i^ a 150 hour internship for college credit through Normandale Community College by working with department as a volunteer during Summer 1992. Ayes 4, nays 0. 1 i •i rvip?"ff ^V;.: >!.^- jL*-^ ' yir" ip- SKvf... -V.-- ^S.V*. :■ >.^'E.‘v 1 ••■■ .■ v«li' -' •' ■' '='iv.‘ • Im 9 mm MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 (»t13) TEMPORARY EMPLOYEE GOLF COURSE It was moved by Jabbour, seconded cy Goetten, to employ Rodney Wagner Jensen as a temporary counter helper at the Orono Golf Course at an hourly rate of $5.00 per hour effective May 7, 1992. Ayes 4, nays 0. (#14) BID AWARD BEDERWOOD PARK EQUIPMENT Stave Johnston, Park Conwnlsslon representative, was present. Johnston stated the Committee has recommended to contract with Minnesota Playground Equipment. Jabbour asked If they could act fast enough to avoid additional tax. Johnston noted the manufacturer has suggested prepayment and offered an additional discount. Moorse stated that the Legislature has restricted payment until merchandise is shipped. Jabbour suggested they contact the low bidder and suggest acceptance Is contingent upon delivery before the tncrease. Butler asked the height of the slide. Johnston said to the platform, the height of the slide Is 9’. He noted the residents of the area have asked the poles to be redwood instead of aluminum. It was moved by Jabbour, seconded by Mayor Peterson, to authorize the purchase of park equipment for Bederwood Prrk from Minnesota Playground for an amount not to exceed $18,592 to bo paid for from Park Dedication Funds, and to attempt to have delivered prior to the sales tax Increase. Ayes 4, nays 0. (#15) PAYMENT REQUEST - PRE-ENGINEERED PUBLIC WORKS BUILDING Moorse explained this Is the second payment for materials for the public works building. He noted that both payments combined represent a total of 100X of the cost of the materials for that buI IdIng. 8 1 i * *W'-^%l^i^.MW"] rF^*7M\'!V7if^YTr •^.-f hH . E '6j” ’- ■■ »>m'vii. ■■ Li?;';v%v^i r V... . ilpW- ' ■ • %SJi’‘''/v' list ijvtij;---*.* . ■-i i'-- ■^■ -' ..Lv^-:Mt..;. ;;:) "‘'Y' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 PAYMENT ffEQUEST - PRE-ENGINEERED PUBLIC WORKS BUILDING - CONT. i:,r ,rr“.rcr°x SnSlneered bulldTng materials In the amount of $96,844.00 to Met- Con Metro, Inc. Ayes 4, nays 0. It was moved by Qoetten, seconded by Sutler, to authorize up to an additional $4,000 for Transportation Consultants Strgar-Rosco assistance In the completion of a conceptual layout a"^ assistance during this Initial scoping *3 g*’® appropriated from the Special Projects Account. Ayes 4. nays O. ($16) SANITARY SEWER CONNECTION - 1355 BROWN ROAD SOUTH Moorse explained that this Is a request to sewer to the post office building, which was delayed until ong term plans had'^been made. He noted they are now dIscussIng a long term lease at a higher lease rate which wi1 I reimburse the City for improvemonts. Mayor Peterson asked the length of the potential lease. Moorse reported they are looking at 5 years. It was moved by Mayor Peterson, secondei by Goetten, to approve the ilnutry sewVr connection for 1355 Brown Road South, and the pSymJHJ of fees in the amount of $1,760 to »e taken from the General Funds Special Projects Contingency Account. Ayes 4, nays 0. (*#17) LICENSES It was moved by Jabbour, following I Icenses: seconded by Goetten, to approve the Qna Day ?*t Up License: Minnetonka Center for the Arts Qarbaae A Refuse License: Cleanway Sanitation Raw Roll-off Service, Inc. Motion, Ayes 4, nays 0. T - - --w-»rKr-pi-:l#n • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1992 (««18) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the regular Council meeting at 8:30 p.m. Ayes 4, nays 0. s^’.v;ST: Barbara A. Peterson, Mayor mm »■ fc'W. '"'fh • ^™^othy^^*HaI 11n, City Clerk sM'(Mfe P* tv " -M. lii-- I-"..; ^^’^f-': ■■ /.■ m -;%V ilii;ili.' '‘1 I If AGBMDA FOB dODNCIL WF.ETING SET FOR MONDAY, MAY 11, 1992, 7:»J« P.M. & fflv.', V ■ ■ %-■ n-'m r#: P?^r f' i- y.f' pf MM- te-:; ■prfn mMMM - -.' - Slif h' • ..f; ri >5 :m:- (*) 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. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be £_b.J:ained upon request from the Recorder BOLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES * * 2, Regular Meeting of April 27, 1992 3. Board of Review Meeting of April 29, 1992 '^0 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Ed Cohen & Stephen Peterson Reps. PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT •♦APPLICANTS** Inmediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. '-1 - , ' f l' m' if-p It:; iif. ■ 4. 5. 6. 7. 8. 9. #1698 Jim Rivers, 1442 Shoreline Drive - After the Fact Variance #1700 Dale McCurdy, 4041 North Shore Drive - Variance - Resolution #1714 Thomas Lytle, 1935 Concordia Street - Variance - P.esolut ion #1726 Barbara & James Olexa, 995 Wildhurst Trail - Variance - Resolution #1728 Molly & Draper Jaffray, 540 Barrett Avenue - Variance - Resolution #1730 Greg Malik, 3060 Sixth Avenue North - Preliminary Subdivision - Resolution MAYOR/COUNCIL REPORT a.i-t ENGINEER REPORT ^ 10. Pay Request #1 Water Tower Highway 12 ’R a;;.. Pf'- k. I: I?' »p» Et: CITY ADMINISTRATOR'S REPORT * 11. Award Liquor Liability Insurance - Golf Course * 12. Police Intern * 13. Temporary Employee Golf Course 14. Bid Award Bederwood Park Equipment 15. Payment Request - Pre-Engineered Public Works Building 16. Sanitary Sewer Connection - 1355 Brown Road Ifc CITY ATTORNEY'S REPORT LICENSES (17*) DILLS (18*) ADJOURNMENT P;' =. * .i 1 i 0 V - S*' i 1#« 1 ■i 0*^ * j i " 1 i *1 1 J ti ,»v iiV’'*1iAGB^A FOR COUNCIL MEETING SET FOR MONDAY, MAY 11, 1992, 7:00 P.M INFORMATION ITEMS INCLUDED IN COUNCIL PACKET Planning Commission Minutes 4/20/92 Meeting Lake Minnetonka Conservation District Information Memo Prom Mary Butler re: Stubbs Bay Sewer Project Robert Beutler Letter re: Brickley Garage OPCOMING ISSO: AND EVENTS •if::fo- if- S|r-:-®5/26 ' y,! ' te? ■pfeiVVvm ■ ■■-tiff 05/09 05/11 05/11 05/11 05/13 05/13 05/18 05/18 05/19 05/25 <T"M..P •; ' ■ ' S ipijiy mHi'rt4rK fe.-' nf te:|:. ?P': . ■»' '.,s'• - Spring Clean Up 8 a.m. - 4:30 p.m. - HRA 5:45 p.m. Council Chambers - Reconvened Board of Review 6 p.m. Council Chambers - Council Meeting 7 p.m. - 7:45 a.m. Lake Use Committee - Council Chambers - 3 p.m. Council Work Session - Council Chambers - Planning Commission 7 p.m. Council Chambers - Reconvened Public Hearing 7 p.m. Stubbs Bay Sewer Assessment Roll - Room 105/107L Education Link - School Board Election - No Public Meetings Before 8 p.m. - Holiday - Memorial Day Observance - TUESDAY - Council Meeting 7 p.m. i 4 iS •■'ty’.'.s--' iTT'4 viV W-' r^'p- ^>5'if- a,%i-rr f Iv; ■ Wlr W'^ '\i^- yiy.N''-0r.-. ^■fev- ':rV: kS«T^- V# ^Oc%/ MINUTES OF THE REGULAR ORONO COUNCIL ME6 HELD APRIL 27, 1992 ROLL % The Council met on the above date with the following members present: Mayor Barbara Peterson, CounciImembers Gabriel Jabbour, Edward Callahan, J. DIann Goetten and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Qaffron, Police Chief Stephen Sullivan, City Attorney Tom Barrett, City Engineer Glenn Cook, and City Recorder Terl Naab. Mayor Peterson called the meeting to order at 7:00 P.M. (*1) CONSENT AGENDA Goetten removed Item #12 from the consent agenda. Jabbour added Item #4 and #6. Butler removed Item #14. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all Items adopted by consent agenda will In the minutes in their respective numerical order. be included (*#2) APPROVAL OF MINUTES It was moved by Butler, seconded by Goetten, to approve the minutes of the regular meeting of the Orono CouncI I held on AprII 13, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS Dick Flint, Chair of the Park Commission, was present to explain progress on the bIke/hIke trail. He explained that It was determined by a survey of the residents that a trail system was a high priority. A conceptual plan for a trail system has been approved by the Council. The Park Commission enlisted the help of Hennepin County regarding the design. He noted that at the last Park Commission meeting, residents were Invited to comment on the proposed trail system. The Park Commission did not get a clear I nd1 cat Ion from the res I dents regarding their feeI Ings on the trail system. The Park Commission unanimously voted In favor of the trail and Is now requesting a feasibility study for the project. He introduced Jim White, Hennepin County Park Commissioner; Doug Bryant, Superintendent, Don King and Del Miller from Hennepin County. 1 V-^ rV;- «r i 1 ,1. .fi > te f' ■■'NV- ■ • ■•'>.• 'fc' .‘a/-:, • ^'P' /'I y- xsm ’■'m . '%■■•. ‘v 'v'\;v ■>■■• - :Vvr-' • vf .* tV*»’’.'mfe- Dtr .■•'i.'V r V J«'' r;-" il‘:^ ■ =•; V r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 PARK COMMISSION COMMENTS - CONT. King explained that they are reviewing two options for the trail system: A - utilizing the vacant land along the trail system requiring acquisition of additional land to move the trail system outside the current right-of-way; B - locating the entire trail within the existing right-of-way. He reviewed the proposed layout from the Luce Line Trail to Baker Park and explained areas where only one or the other option Is viable. He stated the entire tral I system Is approximately 13,600’ or 2.6 miles long. Development cost Is expected to be approximately $200,000. Option A would require ^!*.e acquisition of 5.37 acres of additional land for the tralI. Butler asked why they did not propose the trail on the west side of Old Crystal Bay Road. King explained that because of existing electrical lines on the western side and because the eastern side was less developed, it was determined that the eastern side was more feasible. Goetten asked the time frame for acquisition of the necessary easements. Miller explained that would depend upon whether they would request an easement or fee title. Goetten asked who vyould pay for the easements. Miller explained that they feel the difference between options may be slight because Option B would remH re Installation of storm sewer. King stated that the City would bear the cost for land acquisition and/or storm sewer and Hennepin County Parks would pay for installation and maintenance of the trail. Flint noted that the County proposes to pay the entire cost of the trail and land acquisition from Baker Park to County Road 6. Mayor Peterson asked who would pay for the feasibility study. Gerhardson noted that the City would pay for the study with MSA funds, but the project must be realized in order to use the funds. Also, MSA funds would cover the cost for storm sewer. Jabbour asked If the owners of the vacant land were in attendance at the last meeting. B?; i’ . ,?>:r: ,'J ’ ■ •• pp# ■ pfe^ m&k *>■'. . ivy, \ r ‘ ife:P®te::-' ^•;r r.'- »: m ■ : • . Rii! WiM. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 PARK COMMISSION COMMENTS - CONT. Flint noted they were not but were notified. Jabbour felt the City should be discussirig this issue with them. Flint stated that If the City required easements, that area can still be used when measuring setbacks for the property. Mabusth concurred. Mayor Peterson asked If It would be necessary to provide a walkway or bridge over an upgraded Highway 12. Miller explained that past policy of MnOot has been that If a trail is In place and a highway severs that trail, MnDot would have to make the provision for the highway. Jabbour thanked the Superintendent of Hennepin County Parks for backing Orono’s position at the LMCO meeting regarding Big Island. He stated that the City would be amending its Comprehensive Plan regarding Big Island to change it from being a regional park to residential. He noted that one Commissioner had mentioned that Hennepin County Parks might consider development of the sewer pond property Into a park, and urged them to do so. Mike Ellis, 1020 South Old Crystal Bay Road, asked If the Council had a cap on the amount of money they would consider spending on this trail. Goetten noted they have only approved expenditure of money on feasibility study to determine if it is to be realized. a LAKE MINNETONKA CONSERVATION DISTRICT REPRESENTATIVE’S COMMENTS JoEllen Hurr was present. She explained that during the last Board meeting on Wednesday, there was a second reading on an ordinance regarding storage of maintenance equipment on Lake Minnetonka, and noted this also relates to barges at Gayle’s Marina. Jabbour asked if this would relate to JR’s business. Hu/r explained that JR has his barges parked at Crystal Bay Service which are illegal by both the City’s and the LMCD’s regulations. r H': m #■ I'f ■*■ .■ f \'^^iw-';!• ■.,>< ' ■■Pi'v: -m''' '-.#H, ii"-' ;'if*Tf^''’- ■ %■ ’[fr- .^mr-: - ■ :-i I'l., »■ V i'.i. -.Am I'tv.,?,K--- I; !•-\h 5|V. '*■; ■ fx i'->/* I-*■ t . ’* ■*• ■^..li'4. ■•■ fa,-??/; MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 LMCD REPRESENTATIVE’S COMMENTS - CONT. Hurr reviewsd & letter to Gene Strommen from Bob DeVries, Head of Mlnnesota Sport Fishing Congress, discussing the request by the DNR for funding for land acquisition for lake access. She noted that this grjup will be lobbying heavlly for funding to purchase Gayle’s Marina and Crystal Bay Service and requests Orono’s support. She read an excerpt from the letter, "Minnesota Sport Fishing Congress happily appropriates applied pressure to the DNR to initiate Immediate development on the properties already acquired for Maxwell Bay access once the LCMR decides on their funding list". Jabbour reminded them that the Council was promised by the DNR that development of the area would not begin until a feasibility study was completed. He noted that a working Committee was to be estabI I shed wlth the LMCD acting as head to negotiate the criteria for the study, however, It appears that Gene Strommen and the DNR have tried to complete the entire study with the Committee only voting on the facts. He expressed to Mr. Grathwol that the project was too ambitious and acquisition of Gayle's Marina and Crystal Bay Service would be more appropriate. He noted he has talked with both property owners who have Indicated a wlI IIngness to selI. He noted that both properties could be used as intended with absolutely no variances. Hurr advised that the DNR or anyone else will note that hardcover currently encroaches to within 12" of the lake at Gayle's Marina and it may be difficult to enforce the code. Callahan stated that the Council has adopted a resolution supporting the funding for acquisition of land for access. Qoetten noted the Council had the understanding that the DNR would not proceed with development of the Maxwell Bay landing until the feasibility study was complete. Jabbour noted a letter from the Commissioner outlining such. Hurr requested a copy of the resolution and any other documents pertaining to the Issue. She stated that with the support of Orono and the Sport Fishing Congress to fund the project, the LCMR will be more apt to recommend approval of the funding. Hurr pointed out that Hennepin County still is refusing contribute for milfoil eradication despite their commitment $80,000. to of I' fe:- s ; . ^*4;‘<: tff.'-1. :^T*H ^ >•' c. -V'■ ■■ ■-Jfe'W' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 LMCD REPRESENTATIVE’S COMMENTS - CONT. Hurr advised that the residents on St. Albans Bay have been contacted and asked not to treat the lake with chemicals during the 1992 season and the milfoil will be mowed. Next year, the LMCD would treat the milfoil with sonar and would then measure the results. Hurr supported the bike trail through Orono and felt the main reason for removing the trail from the right-of-way would bo safety. Callahan noted that the minutes of the March 25th meeting of the LMCD stated that they approved a multiple dock license fo** Smith Bay subject to Village certificate which expires Apri* 18, 1992. Saffron explained that joint use dock I 1 cense appiIcations have not yet been sent out. He noted that letters have been sent to the LMCD two out of the last four years explaining the City’s position regard Ing comp I Iance. Hurr explained that the LMCD’s philosophy has been to Issue the license, whether or not it meets the City code, with a condition that the marina properly comply with the zoning ordinances. Hurr noted the Committee will be recommending denial o*‘ the Forest Arms request. PUBLIC COMMENTS Art Tourangeau. 2060 Spates Avenue, asked when the City would require the owner of the property near him to comply with the resolution which required the cabins on the property to be removed. He noted that the foundation and other Junk still remains on the property. He stated the property was for sale and listed at $69,000. He wanted any future owner to be aware of the requirements to clean up the property. He stated that the condition of the property is lowering his property value. Mabusth stated that the BuiIdlng staff has been contacted by a Site Superintendent of the Toberman organization who has asked what needs to be completed on the property. Barrett noted that If the resolution was filed In the Chain of Title, any future owner would be made aware of conditions set forth by the City. fi i- %■- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 .;V'. t ;'S» 1%-. I?' N;'- PUBLIC COMMENTS - CONT. Don Gronberq. 65 Willow Drive North, passed out a letter to the Council. He noted he Is opposed to the amount of the proposed sewer assessment for his property on Leaf Street. He stated he felt discriminated against as he was being assessed $18,880 for a vacant parcel, while others in the area would only be assessed $12,995. He advised that since the passage of the DNR regulations, restrictions on the lot are much greater and he may not even have a buiidable lot any more. He felt that his property would not benefit more from the sewer than someone else. He noted that he was not Informed of the pending passage of the shore I and regulations which would make his property unbuildable. He cited that he has paid taxes on the property for 33 years. Jabbour asked if this property was a buiidable lot. Gaff ron exp I ained that CounciI wouId need to first define bull dab Ie and the Council’s policy on the sewer project. He noted a house and a primary and alternate septic system could be <nstalled on the property nearly meeting the code under the previous 26* setback requirement. He stated that setback variances and lot width and lot area variances would have been needed to build per the two acre lot standards adopted In 1975, prior to the passage of the shore I and regulations. Gronberg stated the property was platted in 1958. Jabbour asked the difference between Gronberg constructing a house with holding tanks and a property on Leaf Street with a holding tank. Barrett noted the City would not currently approve a new house with a holding tank on a permanent basis. Gronberg asked how many properties in the development under the newly adopted regulations would not be In conformance with the setbacks for the septic system, and if the sewer were not proposed, wouId be allowed to Install a holding tank if their system were to fal I . Goetten stated the reason for the totv’>l assessment to his property was because he has a lot, which is considered buiidable with the I nstal I at ion of sewer, and Is based on information and facts In the ordinances prior to the shoreland regulations. She stated that the Council has not made any final decisions on the project. She suggested he discuss the specifics with Gaffron. mi - * wor -A -•'ji.-ifCV^Cy-,.'. ,'„v<'7'* C '• 'I .: M\mm-;r^' 1;;;' ipx 5|fe» r-'^I . Xv.iw^s '.- .> ,,: r*^ -. 'vV' • ‘ - 'k--'- • • m^^w' •■ .■■.• (Vi'f LVf. »-'• • If X'Jpfe. y w ■ X-v'^ ■- I®-p.y -'-': ‘f y ymw!y ty ■' xy ■ -}.r' -.;r' v“* i^ ‘ SW Wy '-- '■ ■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 PUBLIC COMMENTS - CONT. Mrs. Qronberg asked at what point taxes are lowered on a property that is determined to be unbulidable. Jabbour stated that the Council would need time to review this issue. CaI Iahan dIracted Gronberg to discuss the sewer Issue with Gaffron, but reminded him that Gaffron would not be able to reduce the assessment. Goetten noted the Counci I project on May 4th. would hold a public hearing on the («3) »1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE Mrs. McCurdy was present. Moorse explained this Is an appiicat Ion for a variance to construct a second story deck which Is adding additional structural hardcover over existing non-structural hardcover. He stated that the Planning Commission recommended to deny the request, citing excessive hardcover. Butler agreed that the property contains excessh.e hardcover but notes the property has very steep terrain. She pointed out that the improvement Is an echo of hardcover already there and disagreed with the Planning Commission’s recommendation. Goetten asked If there was any possibility of elImlnating any other hardcover on the property. McCurdy stated that the hardcover consists of blacktop, sidewalk and house and has all been there since 1976. Mayor Peterson asked If It would be possible to remove the concrete below the proposed deck. McCurdy did not feel this would be feasible and noted the deck will enable them to keep the gutters clean to avoid flooding of the basement. ■ i is-:-.''-W%. m^Mr. m0m: U'' •'•■ PS-S;^ ■-4^f y SC , V'^'■ aii .V».: nw P‘: ilpMlf- RIPC ■ •i|VfcSiSC „te;:’* < V-'-^‘ . r .'.' ^i:iv:' V. rf/' ‘C;w ICP-'" mm ' . i-r jifi- ■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 ZONING FILE #1700 - CONT. It WftS Riov6d by Butlsr, seconded by Mayor Peterson, to direct staff to draft an approval resolution for Application #1700 for Dale McCurdy of 4041 North Shore Drive for variances to construct a deck, with the condition that no additional hardcover will be approved. Ayes 5, nays C. (*#4) #1725 DAVIS FANSLER, 4180 BAYSIDE ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3112 It was moved by Butler, seconded by Goetten, to adopt Resolution #3112 for Application #1725 for Davis Pansier of 4180 Bayside Road for a conditional use permit to allow a non-rental guest apartment within the existing residence. Ayes 5, nays 0. (#5) MARINA LICENSES Callahan stated that It has been determined by the Lake Use Committee that there are four marinas within the City In conformance with the requirements for a license: Minnetonka Boat Works, Sailors World, Crystal Bay Service and Windward Marina. He noted that Windward Marina has not paid the required application fee for 1991. It was moved by Callahan, seconded by Butler, to approve the foliowing marina license: Minnetonka Boat Works (1990-91-92) Sailors World (1990-91-92) Crystal Bay Service (1991-92) and that a letter be sent to those marinas stating the City has reviewed their marina license application and they have been found to be In conformance tor getting the license subject to the conditions within Attachment A, with the agreement that the business be operated within the existing requirements of the City. Ayes 5, nays 0. Callahan stated he was opposed to the adoption of the resolution, noting that some of the language in the resolution was no longer valid. Butler noted that other City licenses are Issued with a single paper notifying the business that their license has been approved. 8 r- :C‘? vV' -f'i. V- • fv-i5vv*.'-'i.r-^i^JSSSM.; ' '^'r '1 .f'.j ■ ' ■-< '■; MINUTES OF THE KcGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 1992 MARINA LICENSES - CONT. Callahan requested staff to write a letter to Windward Marina stating It has been found that they are in conformance with the requirements for a marina license, but their operation must cease until the required fee Is paid. MAYOR/COUNCIL REPORT A) Callahan announced that the local newspaper expressed a desire for the City to adopt an ordinance banning the use of styrofoam on the Lake. The Lake Use Committee questioned the City’s authority to enforce such an ordinance. He requested CouncII to consult with the City Attorney regarding the feasibility of adopting an ordinance banning the use of styrofoam on Lake Minnetonka. Jabbour stated that he has Informed the LMCD of the City's Intent to adopt this ordinance, and they said they would also adopt the ordinance if It was suitable. B) Callahan reviewed that Gayle’s Marina would be receiving a letter from the City noting the failure to pay the required I I cense fee and the violations on the property. Also, North Shore and Lakeside Marinas have paid the required fee, but have a number of serious violations on the property. Jabbour announced the LMCD has granted North Shore Drive Marina a license for 72 dry stacking, even though the City has a legal settlement with them for only 20. Callahan Informed the Council that marinas are making serious changes with regards to their businesses. They are adding charter boats, boat launching services, and condominiums for boctts. Butler stated she would like to hear from the City of Mound regarding the problems they have with Al and Alma’s boat charter service, as that business Is located on a severely limited lot. C) It was moved by Goetten, seconded by Jabbour, to approve on a rotating basis, a liaison to the Park Commission. Ayes 5, nays 0. Gerhardson noted the Commission would be taking a park tour for the Ir May meet Ing. D) Callahan noted he was impressed with the newsletter that recently went out to the residents. fK.. ■ K^^ir ■ fv '.S ;■• r- f i:r- i.':a. ^ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 (»#6) MSA DESIGNATION - LEAF STREET & FERNDALE ROAD - RESOLUTION »3113 It was moved by Butler, seconded by Goettcn, to adopt Resolution #3113 establishing Municipal otate Aid Streets. Ayes 5, nays 0. (#7) BID AWARD BEOERWOOD PLAYGROUND EQUIPMENT Gerhardson explained that bids were opened and the Committee recommends to Council to award the bid to Miracle Equipment because they liked the quality and layout. He explained the slide proposed by this company Is 12.5*, with the entire structure including the enclosure over the slide at 17*. He cautioned the height of the slide does not meet requirements established within a document entitled "Handbook for Public Safety". Callahan stated that if It does not meet the U.S. Consumer Product Safety Standards, it should not be installed. Gerhardson noted that even If it does not meet the criteria listed, the City would still be Insured in case of an accident. Butler felt that the top step of the slide should not exceed a height that would allow an adult to stand on the ground and assist the chi Id. It was moved by Goetten, seconded by But let , to table the bid award for playground equipment for Bederwood irk to allow the Park Commission Committee to re-examine the bids. Ayes 5, nays 0. Barrett cited that the bids were sent out without reference to the ADA or safety concerns. He stated that the bids were received conforming to the requirements of the City. Butler asked If It would be appropriate to reject the bids. Gerhardson asked the matter to be tabled. (#8) 1991 BUDGET ADJUSTMENT Moorse explained that this Is a summary of the 1991 budget. He noted that the City was under on both expenditures and revenues, which lead to a $57,000 deficit. Mayor Peterson requested a work session to review this issue. ■4 . ! ;! nm'W!f'i'/<-p. taris.-,. ma m ■ ■'' ■ !s;‘ '■■ p:.'kr'- tC W:.ij;/.-': 7 :c' '> 7'4 m. ■4 :-- P • v^L^ ) ijV'..;r.7. fh.. ■Pr- >■ ^ ' : I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 1991 BUDGET ADJUSTMENT - CONT C&lishan stated they should also review actual status of the 1992 budget, the budget for the facilities, and the Police Department operation financial document. Jabbour felt It Important to keep track of these issues on a monthly basis. A work session was scheduled for Wednesday, May 13, 1992 a 3:00 p.m. (*♦9) 1992 BOARD OF REVIEW - APRIL 29, 1992 It was moved by Butler, seconded py Goetten, to accept Information for the Board of Review Meeting to be held April 29, 1992. Ayes 5, nays 0. (*#10) OLDER AMERICAN’S MONTH - RESOLUTION #3114 It was moved by Butler, seconded by Goetten, to adopt Resolution #3114 proclaiming Westonka Senior Center Week May 4th through 8th. Ayes 5, nays 0. (*#11) FEASIBILITY STUDY OLD CRYSTAL BAY ROAD - RESOLUTION #3115 It was moved by Butler, seconded by Goetten, to adopt Resolution #3116 directing the City Engineer to perform a feasibility study for a bIke/hIke trail on Old Crystal Bay Road. Ayes 5, nays 0. (#12) BID AWARD UTILITY TRACTOR It was moved by Mayor Peterson, seconded by Butler, bid award for a utility tractor to be considered session on the budget. Ayes 5, nays 0. to table the at the work CITY ATTORNEY’S REPORT There was no City Attorney’s report. («#13) LICENSES It was moved by Butler, following iI censes: seconded by Goetten, to approve the i»v. i'-.-F©v ' fe ■ ' pm. II h; pif^ ^ «8iffe.;?. V t:r*- ?..i. Sfe;*''«.i# PIfR' mh'- jrfs.iMI^' m IPfe' •«s.; S'ifKf. m. Ip.f;r ■A.- :i- sfe MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 27, 1992 LICENSES - CONT. Special Event Permits: Minnesota Multiple Sclerosis Society Garbage a Refuse License: East Tonka Sanitation Wood lake Sanitary Service Motion, Ayes S, nays 0. (»14) BILLS Butler felt it may be engineer In I ight of engineering services. time for Orono to consider an in-house an average $20,000 per month bill for It was moved by Butler, the All Funds Account. seconded by Goetten, to approve payment of Ayes 5, nays 0. ADJOURNMENT It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the regular Council meeting at 9:17 p.m. Ayes 5, nays 0. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hal I in. City Clerk 'i- iMAA . V- . I ^ %<... ir?. fvi.‘ .p-- pl"- &;V,- ■ r*‘ ^>- ' Y'^'' ■ j r-s irf Itk k. ^ ■: b-‘, .. fc'v ■ r few. nm^- ’pi><v’^vm I 5®r' MINUTES OF ORONO 1992 BOARD OF REVIEW MEE HELD APRIL 29, 1992 ROLL The Board of Review met on the above date with the following members present: Mayor Barbara Peterson, CounciI members Gabriel Jabbour, Edward Callahan, and Mary Butler. J. Diann Goetten was absent. The following represented the City staff: City Administrator Ron Moorse, City Assessor Rolf Erickson, Assistant Clty Assessors Dave Wilde, Paul Kingsbury and Tom Haller, and City Recorder Terl Naab. Mayor Peterson called the meeting to order at 7:00 P.M and Introduced Mr. Erickson. Erickson explained that the Board would hear those In attendance and an appointment would be set up to see any properties which had not been reviewed this year. After that, he would make a recommendation to the Counci I. He stated that 25X of the City Is physically reviewed each year, and this year they reviewed the Navarre, Forest Lake, West Arm area. He explained that vacant land realized some major changes because of new laws In effect. He noted that his office received many questions regarding the Highway 12 orr1 dor and explained that market value does not reflect what may nappen In the future. Changes in market value wl I I be real I zed only after the change. He stated that valuations are based on comparable sales from October 1, 1990 to September 31, 1991. Erickson stated that the Board could only review valuations for 1992, payable 1993. Any changes to past valuations or taxes payable In 1992 must be dealt with through the abatement process or court appeals, which must be received by the County Assessor s office no later than May 15, 1992. Jerry Kelley. 4495 Bavside Road. PIPO 06-117-23 21 0004. stated the 1992 valuation Is $86,900. An appraisal done for a mortgage in December of 1991 valued the property at $65,000. He noted the assessor stated the valuation would be changed for 1993 to $79,000. Erickson stated they would review the property. John Dalbec. 1565 Orono Oaks Drive. PIP# 35-118-23 33 0006, stated the 1992 valuation Is $228,900 and felt It should be $185,000 as that Is what he purchased the property for on November 20, 1992. Erickson noted they would review the property. Toni Anderson. 1400 Park Drive. PID» 07-117 23 41 0074^ noted the 1992 valuation Is $68,200. She felt the valuation should be $52,000 based on a recent appraisal which valued the property at $70,600 less the dollar amount for repairs to the property and the foundation. The estimated repairs Included: $8,237 property damage, $8,160 foundation damage. % 1 j ■: J V-, • « t ^ ' MINUTES OF ORONO 1992 BOARD OF REVIEW MEETING HELD APRIL 29, 1992 Jabbour asked If the damage to the property appraisal. was done post Anderson noted the appraisal stated the valuation is based upon the Improvements being completed. Erickson stated they would review the property. mm. Don Chase. 365 North Ferndale Road. PID» 36-118-23 41 0002. stated the 1992 valuation is $156,400 and felt It should be $140,000 as that Is what a neighboring property recently sold for after being on the market for 2 1/2 years. He noted that since 1989 his valuation has increased over 20%, Erickson stated they would review the property. imz¥m& Greg Ehalt. 3465 Watertown Road. PIP# 32-118-23 43 0008, noted the 1992 valuation is $103,000 and felt that it should be $85,000. He indicated the assessor has reviewed the property and revised the valuation to $95,300, but still felt this was too high. He noted he purchased the property in December of 1991 for $72,500 and has approximately $5,000 in repairs to the property. He submitted letter listing reasons *m why he felt the valuation should be lowered. Cliff Otten. 3800 Wavzata Bouleva'd. PID» 29-118-23 34 0009, said the 1992 valuation Is $88,600 and felt it should be $65,000 based upon what he purchased the property for less than a year ago. 2251 Pine Ridge Lane. PIP# 34-118-23 22 0017 - Otten stated that the 1992 valuation is $137,900. He statea this property is rented and produces income based on a value less than the market value. He paid $100,000 a few years ago. He felt it should be reduced to $114,000 as It ‘--as last year. Jabbour asked if the valuation is based on the income stream. Yf •• a.Erickson noted it Is not typical In Orono for a single family residence to be rented. m m. I f •• otten noted the City currently has a munIcipa I well on part of the property. r ■ • . 0'k V-.- ■ »■0: p"fc- mmi- ®:'vIm ■ MAr..:. .. MINUTES OF ORONO 1992 BOARD OF REVIEW MEETING HELD APRIL 29, 1992 ^■7fin Wavzata Boulevard. PIP# 34-1 18-23 22 0014 - Otten stated the 1992 valuation is $1,458,300 which is the exact amount he has invested in the property, but feit some of that amount was used for speciaity Items specific to his business. He noted that the rental area Is not completely occupied, partially because of access to the property. He felt the valuation should be $1,300,000 and noted that a company dealing with land appeals suggested the valuation should be lowered $200,000. Erickson stated the valuation was figured on cost approach. He noted they figured a warehouse rate on everything but the store and the office space. He indicated they did not figure into the amount the specific items for his business. He suggested Otten supply them with rental Income data. Beverly Sllbermann. 465 Brown Road South, PIP# 03~117~23—3J—QPQ2l noted the valuation went from $101,000 to $125,000 in 1992. She said they built the house 25 years ago and realizes the property needs many repairs Including a new roof, a new well, septic repairs, and many new boards. Erickson noted they would review the property. Bruce McFadden. 1170 Lvman Avenue. PID» 35-118-23 43 002^ said his valuation wont from $133,600 to $189,300 and $192,000 in 1992. He felt It should be $185,000 to $187,000 based upon a real estate agent’s suggested selling price. He stated that a neighbor recently took hIs house off the market because he could not sell for a rjallstic price. He felt that because of the Highway 12 corridor selection, his valuation has decreased. Erickson said they would review the oroperty. Keith Bares. 2020 Salem Court. PID» 27-1 18-23 31_00.1.5_i. stated he paid $304,000 2 1/2 years ago for the property. He noted the valuation for 1992 was originally set for $321,000, which was reduced to $312,700. He felt It should be $289,000 based on what neighboring houses are selling for. He submitted comparables In the area. Morris Nelson. 1900 Shore! I ne Drive, PIP# 10-1 17-23 42 0017.1. stated the 1992 valuation Is $44,000 which represents a 55* Increase over the valuation of last year at $28,300. He felt it should be reduced to that amount. Erickson noted the property was changed because of changes in the law. He indicated the valuation was based on the assumption that the property Is bulldable. ''K r?-- ''rjfr-yV i;.r <r :. ‘•> fen' ■ ffe1Cmyr %i\r I $ U' y ■ c:;.. 'p-U“- bC/’V-WkB- WV;,' hf' V‘ I'*. MINUTES OF ORONO 1992 BOARD OF REVIEW MEETING HELD APRIL 29, 1992 Jabbour suggested they contact the Zoning Department to determine If the property is bulldable. Butler suggested they review the possibiIity of combining the property to reduce the vaiuation. Erickson noted ho could get secondary homestead credit for the property. He noted ho would check into the zoning of the property and submit a report to the owner and to the Board. Frank St. Lawrence. 253 Cygnet Place. PIPS 04-1 1 7-23 22 QQA2_^ said the valuation went from $149,900 to 154,300 in 1992. He stated the HIghway 12 corridor selection is having a chiiling effect on ppQp0Pty values and felt the valuation should be left at $149,900. Erickson stated they would review the property Marie Everson. 4755 North Shore Drive, PIPS 07-117-23—32—00?1x stated the 1992 valuation is $170,200 and felt It should be $152,000 based upon a January 1992 real estate appraisal and the sale of neighboring property. She stated that the valuation has Increased $10,000 for each of the previous two years. Erickson noted they would review the property. Norma Jean DIckev. 4425 North Shore Drive. PIP# 07-1 1 7-23 34 Q0Q3_i. noted the 1992 valuation is $184,600 and felt It should be reduced to $125,000. She stated it was a poorly built home. Erickson stated the valuation for 1991 was $186,000; $117,500 for the land and $67,100 for the buiIding. He stated they would review the property. James M. Eesley. 1449 Bav Ridge Road. PIP# 10-117-23 34 0003. said his valuation increased by $500 and asked what that was based upon. He said a neighboring property was Iisted for $250,000 and recently sold for $187,000 and another is listed for $229,000 and has been for sale for 3 years. He stated he has not Improved the property In recent years. He noted that nothing In the neighborhood has sold for the asking price within the last 10 years. Erickson stated to find comparable homes, they often have to look at areas outside the Immediate neighborhood. He noted that approximately 95% of the homes in Orono sel I for more than the market value. Jabbour advised him that if the City-wide valuation Is off 5% or more, the State will mass assess the City. p:-'"• a m- r p:': s# * cVr'.*' «5: r'^ f - •m s’ terM'^;3-'!0S,y~"- ^ - e^‘’i V- 'iir: #■ let •ite ’•■t? W M ’e-v ‘^r l';J- ^-^■LI?.•m ■i l?vi#:'iy. iepm. 0!-^! It '. .‘ ■ ■ ri5. = ;'-•• MINUTES OF ORONO 199t^ BOARD OF REVIEW MEETING HELD /PRIL 29, 1992 Mayor Paterson suggested Eesley schedule an appointment for his property to be reviewed. Dean Moline. 248 Cygnet Place. PIP# 04-117-23 23 0017, stated the 1992 valuation Is $157,500, which was a $5,000 increase. He felt the valuation should be the same as last year. Erickson noted they would review the property Charles Schoen. 2430 North Shore Drive, PIPS 09-1 17-23 41 0009^. Indicated that the 1991 valuation was $1 10,000 and the 1992 valuation is $121,200 which is a lOX increase. He noted the property Is a wooded, swamp area along North Shore Drive, and because of the recently adopted shoreland regulations, he has lost approximately 15516 of his land due to the Increased setback requIrements. Callahan noted the regulations were not adopted at the time the valuation was established. Erickson stated the property could be classified as secondary homestead, and felt If there was one buiIdable lot on the property It would be worth three times the amount of the valuation. He stated ho would review the property. Gabriel Jabbour. 985 Tonkawa Road. PIP# 08-117-23 21 0016, said his valuation Increased $7,000 and asked the assessor to re-evaluate the property. Erickson noted that the rates of several factors used In valuing homes were Increased on the top two qualIty grades of homes within the City. Mayor Peterson noted the letters submitted in I leu of attendance: Richard A. Edwards, 2480 Carman Street, PID# 20-117-23 12 0028 Leopold Hauser, III, 425 North Ferndale Rd, PID# 36-118-23 14 0014 Stephen Lisle, Jr., 233 Northgate Rd, PID# 36-118-23 41 0049 Harvey Andersen, 1101 Wlllowbrook Dr, PID#s 26-118-23 41 0003 4 06 Lee Harren, 175 Landmark Drive, PID# 05-117-23 22 0011 Robert Provo, 220 Cygnet Place, 04-117-23 23 0014 Wilde stated that he received a phone call from the following resident wishing to appeal his assessment: George Norling, 3800 Dickson Extension, PID# 17-117-23 31 0020 & 21 ^r^-K '/r /'■•<' ^-v P- ry:\y": A'V ■ • ^■V .. ^->^‘; ; ■ V * SiiTi.*’ ‘.’i'' ,k<'. V , > :r' ■ '■'' 'Sf ■'■>:■■' wmr r ^-:*;' V. 'iV'-'S'L'v. .ir •; ..;-.e - ■ ■ ■/; 1:’#m t • ^ 'I ■ ry.^y c!,': • >■x^. S*;X • :':'fe. -I., ::>■: * • ' ' w. ■ - ; "a .• MINUTES OF ORONO 1992 BOARD OF REVIEW MEETING HELD APRIL 29. 1992 ADJOURNMENT It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the Board of Review meeting at 8:15 p.m. and to reconvene the Board of Rev Iew meet Ing on Monday, May 1 1 , 1992 at 6:00 p.m. In the Council Chambers. Ayes 5, nays 0. Barbara A. Peterson, Mayor ATTEST; Dorothy M. Hal I In, City Clerk i . /jrWi r • • -M i. ^1'* ■ : . ■.^ .> Si. ■1to’"■ &!■ m eSR-' fe'' hmp- ^9':-fe.—la#''m. ■ p-' ,. ■fefefC ■W4S* - r-J; •'• ■ li-^- l:r aua- Stv.?v- -V^v> ii^ W- ;;"a:;-va- ;:V'.'-A • •.•V/V i'.':. ^.f'Vaa'-ipa.I" il? ia m-- <rTo:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator / From: Date: Subject: Jeanne A. Mabusth, Building S Zoning Administra^pJ^^ May 5, 1992 #1698 Jim Rivers, 1442 Shoreline Drive - After-the-Fact Variances Pertinent Ordinances 1. % 2. 3. A--: Section 10.22, Subd. 1 (B) - Lakeshore setback variance. Required * 75' Existing =* 22' Variance setback =53' or 70.6% Proposed = 9' Variance =66' or 88% Section 10.22, Subd. 2 - Hardcover variance wlrhin 0-75' lakeshore setback area. 0-75' lakeshore area = 3,750 s.f. *-l Allowed ■= 0 s.f. Approved or existing = 1,439.01 s.f. or 38.3% Additional hardcover = 318 s.f. (21.6 x 15,6) or 8.48% Total hardcover within 0-75' setback area = 1,757.01 s.f. or 46.8% *_1 Note 0-75' setback area has not been included on Brown's Bay side as this portion of the property was rezoned to B-2 in 1963 and contains B-2 commercial improvements. In addition, the majority of the 0-75' setback area from Brown's Bay is occupied by County roadbed. Section 10.23, Subd. 6 (B) - Side setback variance required *-2. Required = 30' Proposed right side = 14' Variance setback = 16' or 53% Proposed left side = 20' Variance =10' or 33% *-2 In 1976 the property was zoned B-2. Side setback at that time was only 10'. The property was rezoned in 1983 to LR-IA. Side setback for new construction is 30* . 1 i-'- ■ J VC.'^ T' r-f A • 7'> ik- H.mtr t>. !i7:- W< |;f * • > . -s. Kvs, 'y- .;• *f. ^r'“' Ki ’’-' ‘ Vis- Zoning File #1698 May 5, 1992 Page 2 List of Exhibits - A - Application B - Property Owners List C - Plat Map D-1-2 Applicant's Addendum E - Hardcover Fact Sheet - Applicant F - 1980 Survey of Windward Marine Properties G - Building Plans Approved with Building Permit for 1976 H - Building Permit Application 1976 I - 1959 Survey of Property J - Council Minutes 1976 K - Staff Sketch of Property L - Inspection Notice 9/16/91 M - Applicant’s Amended Proposal Submitted for April 1992 Planning Commission Meeting N - Planning Commission Minutes 11/18/91 Description of Request Application #1698 was reviewed at two meetings of the Planning Commission, November of 1991 and April of 1992. The after-the-f:ict variance application involves the constru tion of a roofed/screened porch measured by staff at 21.6' x 15.6' constructed sometime after 1976. Review Exhibits F, G and J. ^In 1976 the City approved a lakeside addition to the existing residence involving hardcover and lakeshore setback variances. Note plan specifically omitted installation of deck. In fact both application and building plans approved with permit specifically stated only steps were to be installed. Applicant advises that in 1976 with the issuance of a building permit for the new construction, a wood deck was also included. Note 1980 survey. Exhibit F, does not designate subject addition either as deck area or roofed/screened porch. Review Exhibit D-1. Mr. Rivers notes that in the mid 1980's the City was involved with the re-roofing of the structure and never noted the deck addition. Rivers advises the structure has existed on the property for approximately 15 years. The Building Inspector has advised that it would not be part of the normal review procedure in issuing re—roofing permits to review for a legal addition to a structure. Mr. Oman advised that he remembers the re-roofing very well as it was being done without the benefit of a building permit. The app]ication was tabled at the November Planning Commission meeting at applicant's request providing Mr. Riveis additional time to submit an amended proposal that would result in a reduction in hardcover. Review Exhibit M. The applicant proposes the installation of a 6' wide grassed area adjacent to the County road to offset additional 318 s.f. of hardcover within the 0-75* setback area. The majority of the 75-250' setback area of this property is occupied by a gravel parking lot. The City has approved a conditional use permit for this use with the marina license reviews each year to allow for overflow parking ,v‘ '■V • ^ iM: I ‘ 'V^W^v: P -••'Si:-' r.v^’,-'^: ■ ■ - •"‘:f 4;fc. ■C^iP- -r "■ =r'- #«, ■■'V*:‘ Zoning File #1698 May 5, 1992 Page 3 during the summer months. Although applicant's addendum. Exhibit D-2, suggests credit for 570 s.f. of grassed area, in reality there is only 240 s.f. of grassed area within the subject property. Review Exhibit M. The lot line has been shown as it intersects the County road at the shared curb cut to both residential properties. As with all the after-the-fact reviews, the staff is asked to comment as to how we disco /ered the i legal construction. In this case, the Building Inspection Department was asked to comment on the lakeside construction by a nearby property owner who was also dealing with similar lakeshore issues. In the review of the files, the Inspector noted no official approvals for construction of the roofed/screened porch nor of an intermediate deck constructed prior to the roofing of the structure. Hardship Stateaent Review Exhibit D-1. Applicant notes thi following: "My hardship is in being asked to remove something that has existed and I have used for 15 years." Planning Comaission Reccxnmendation The Planning Commission recommended denial of the after-the- fact variance application for a screened/roofed porch constructed at the lakeside of the residence located at 1442 Shoreline Drive And further directed that the unimproved addition be removed by July 1, 1992 and that steps be allowed to be installed within the lakeshore yard providing legal access from the approved 1976 addition. Options of Action Adopt denial recommendation of the Planning Commission as presented, OR Approval as proposed by applicant in amended proposal submitted for April meeting. OR Approval subject to additional removed. s.f. of hardcover being Council Acti< To provide staff with conceptual direction so that appropriate resolution can be presented for Council action at their May 26, 1992 meeting. Isv . »* • K<fZ «■- CITY OF CRONO - VARIANCE APPLICATION A n U VJInitial Application Fee 5175. ($50,00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) y / *»>** Voi o O PROPERTY LOCATION Site Address /442^ 'S’ fif Property Identification Number (F.I.D.) I! —.—-—- ‘ Attach legal description to application if not included on required survey jAPPLICAHT Phone (home) 4'^ f'Z^ Name ^ ^. \> » k ' V,. & Address:\ M-Z ^jty _ Phone (work) '''i 8 iA>A Zip: JoNilBR (if different than applicant)Phone (home) M ■ ■ ■fvte ■ W'%-^' Name Phone (work) Address:City:Zip: Date Property Acquired 3/*? £,(raonth/year) P ‘ni- »■■■• lAdoJ^do not) also own t.he adjacent parcels of land, r. Vf. PRESENT OSE OP PROPERTY Present Zoning District ‘ r • •- Present Use of Property / # / Residential Other (specify) DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost $ :■). vr .V' -y- VARIANCES REQUIRED Lot Area Lot Width 4 ■' Setback Variances ( Other _ _ _ _ __ Front Hardcover Side ^ Rear) SI&..A •5 ^•1 P ' '' 'I" HARDSHIP 5/ ■ enforcement of zoning regulations; ^g-E> * Am Describe undue hardship or practical difficulty resulting from strict /V-' I .DESCRIPTION OF UNUSUAL PROPERTY CONDITIONSp jr* Describe unusual property conditions preventing compliance with Zoning Code Requirements _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ '■ 2. f REQUIRED SUBMITTALS f' 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-60? Govt Center 348-3271). 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^"xll” for reproduction). Topographic su-vey (existing and propcue.f elevations) if any changes in existing grade are proposed (provic' one copy 8t"xll"). Sketches or plans of floor & elevation views (t^rovide 1 copy 8Jj"xll"). 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. .;v3. h.> j ilf t-C' 5. ■h- fv - 7.So 8.r: .r' - • . t 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. I¥'I k 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 corregtr"6o'"^he^est of his/her knowledge. Applicant's Signature V 7"Date t." § OWNERS 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 of this request. Oimer'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 l^eview meetings of the Planning ConmiissioD 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 Builoing & Zoning Office of this change prior to the meeting. iw.:• ij’.-. * .1 ■ • • • Ifsg-/:. - ■■■ W'"- : : .. ; AXi’/:>*W ■- ■ —■ • t^ri <E >ifSa ■te>< ‘ i j ■ V ~.-W^r^- \‘ •■■ ■• ■;■K'?,, •■ • v..‘ W-•. 4i^ ■ • V M?-:.: -r:ji -. ' i : *. •*-- • **‘. - - / . ' - ' »- -'‘ 2 •■* - ,* *• . I ^ ,!L • •* ^•'t'"'* • ■ '« ^ _ .S J • ^ XT“'v. '. - - • • fe--’.•:' •■ :i V - 'v. • ■ :S^? ' - •* • ■y %»«• ')c^ ; ■%! ■ ■.. . ■:4 >. • * . >r:; v: * • .i r fe-v::A.. -y? ! -•f/' ■• '"i'-aiA) *^ • ■’I •. ♦ J t" h~^ ■ • •j- *Av-; j • ■f -^V-.- V r • V'- .tSv:-»U .... .#* .r. ^v *■'. V - !■• = 5. 1 ■^i 4 - ^r-" 1^- l:»i' ?^V'VJV/ •= ir.' - 1^ . Wfi'- 'W^:i: ■feg£'p. ?^^r Yi-a ■ ‘J :' ■/:-■ww ill- ■ « •. * jO* m0JJ .1 ,.) James P. Rivers 1442 Shoreline Drive Wayzata, MN 55391 •W':l-<‘ >kj) b September 30.1991 City of Orono RE: Variance AppH( In 1975, I purchased the property at 1440 and 1442 Shoreline Drive in the City of Orono from James D. McMahan. I applied for and received from the City of Orono a permit to remove an existing restaurant building and to add an addition to the house at 1442 Shoreline Drive. During the construction of the addition, a wood deck constructed. As far as I know, the city Inspected this addition and deck. During the mid 80’s, the city inspected this house when a new roof was put on. Up to now, nothing has ever been said about the addition or dock on this house and so therefore for the last 15 years, I was not aware there was a problem. The house at 1440 Shoreline Drive had an existing stone patio behind It. During 1978, this existing stone patio was taken up and replaced with a wood deck. I do not know when this stone patio was built, but do know it was there in 1972 when I first came to this property. My hardship is in being asked to remove something that has existed and I have used fbr 15 years. Sintorely, Jim Rivers A $ •I •I i-'V' L< & Pi^it. mm.' Ni”--' iii, fe.-; 'lit Mw- Mi' v< i-ii'y ’ ■...'Sc-, f-;. i0‘i ■ •i-hr.-'" -• ?i'. ■■ .?•' t^i, ^ f Ic •■■■ gfe-c'; te' - :Sim:' SlSc !-fe--; k- /•- ' ■ - -. ,<'C C#*s hm. C:\ V LWp-* - » •■ :'. 'iS-‘ -• -;2Jim Rivers 1442 Shoreline Drive Wayzata, MN 55391 March 31.1992 TTT'I'J ,crS3® w. — Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay. MN 55323 MAR 3 1 1992 Dear Jeanne: I would like to make a proposal to Oronc that will allow me to keep the deck on my house. I will plant a grass strip across the front of the property. This grass strip will be a continuation of the grass in front of the marina. The width will be six feet and be constructed of treated timbers on the front and back edge. The access to County 15 is twenty feet wide. The existing wood deck is four hundred and for ty-seven square feet. Tlie grass strip will equal about five hundred and seventy square feet. This will give a reduction of the existing hard cover. Sinberely, Jim Rivers 1 i*' ■5 1 mm'. fe- $. ’-p.: • ‘0< 'if li‘>ivB.. iS'i'-: il'f l.pC■.!^ ' M:‘. ■ ■ *■ ^. v-t:-v‘is--: '/-/•' '. >V‘ M .. . P’v^' y-t*'' (f : k\- ’■ ;^: HARDCOVER CALCULATION WORKSHEzi ScT3Ac:< ZONE: (wiRCLE cNs) C-7:' r» -> / ^ ' *r' j4 «« — ^ ^ ^ ^ / U ^ ^ w ‘•. M- H I I : ' ^ .«« «# w W E xisting Hardcove.r in Zone A.House LENGTH B. Garage c. dSIvb .'^y D. Sidewalk E. Patio / Deck f.Undscape AREAS UNDERLAIN BY PLASTIC SHEETING G. Other I 4-3^.0h.r. WIDTH - X ^ S • r < S.F. S.F. S.F. S.F. = 'VI ^S.F. S.F. X __S.F. S.F. ' Q_____= "^33.S.F. S.F. S.F. S.F. S.F. S.F. S.F. Total Hardcover in Zone 4-^ZLPL5_ S.F. Total Property A rea in Zone *7700 S.F. B ytt- 6^ ^V B 7S X 100 \ \ A I «c %\% '1 W'^'~ fh ■p.0^lf:r- H. r? Si: & 7 vi: vi:,'^- |i#'- *#■ *:W ' iS'; Mr..W$s:>::. sS,, p-% if;!' ■m :»• 0Wyy,Mpr."::;- ;te’’;r-S'" mmi. Igr iyrr y^--. !^- ;3^.-'w. ■"-V .- -/ • - '•’ r Tf -' ,s'7=?pi Vi-p'$0- 'jj --• ' ' Si • JbN't* tei-Si., ■ m gm^ HARDCOVER CALCOLATIOH WORKSHEET SETBACK ZONE: CciscLH cne) 0-75 75-250' Existing Hardcovs.^ in Zone 2 ^ 4b># s«» U A. House B. Garage c. Driveway D. Sidewalk E. Patio/ Deck F.Landscape AREAS UNOERL j\IN JLiSTIc' • SHEETING G. Other LENGTH To*"al Hardcover in Zone -]nrn'•M «« ^ Total PROi^ERTv Area in Zone B ft'iv ■■''*’ X S 1 P 1 X . WIDTH S. P . _ X _S • ? ■ - X S. P. - X S. P. . X S.P. , X S. P. X S.P. X S.P. X S.F. X ‘ S.P. X S.P. < • S.P. i S.P. f a • S.P. S.F. a S.F. X 100 S,F, S.F.B Q>Xo I r f- ! J - ’ c: '•'i'u'.' 'Jf; |.I i; -.._ „ ________________________ - ‘^-vr»-.»•: *.». > ,*• J J*. • *T /• ' •• • 5"•» •vl^ '• ^ l\*-«** Of Kl^ ^ . •--•if- V •• •• « -V I ^ « •.* » S7T o»w :| I kj3 '< V ^ b T- lo •. •■.V •*= - •.•• •V -* k"\ * .«. .« ^ • .’>1 J - • 1‘ ' . .t-'- v'- • .• • /Trf'.r^ ^ L. h ; * •.. • :'< > > ■■• ^7 If •■ •V' Vci 4> .fr: .'*w» /t aiY OF oaoNo phpmit application 'k cmr USE ONLY APPUCATION INFOMTION . * ?... X- ■5; - anunNCPEMiT 7( Inspections: .Insui Final S^pedil GENERAL PERMITS Type No.Onto Insp Fixtuies RbU Yirter Metsr Hech. ZONING Area Dlst. $-Z cm Variance 7C Cond. Uso fc. Lot Conb. PLAN BEVIEIf OM€NIS Date /A<? ^ it/£i/ ^ ifafr tf 1^ ______^ 4 zjtp-eu s^ber / 6ATfi eitn Dt0/ Plan Review Fee State Surchaije SAC Charge fXe«m 1,00 Total IXje ♦ l4c.eo P19 BeMO PROJECT ADCraSS 1442. Lot Block Fiat 0«er sjAK^g?:^ P m: Address iJ .LiLjv ". tht. Hmm 64^J^4li-S'249 Builder ‘R u TLcxp ’^^^^ Address ^ "1 ^ ^ ^ Ihone 9^S—£>556 PRINCIPAL SnUCnjRB TYPE U/<<»/>p pRAAttg. Bsmt: Fin Area, Main Fir: Width M 2nd Fir: Width Depth A Width SIPUCIURE TYW >i‘0>hL Depth_______Area pr Est, Coapletion Date i*77 Est. Construction Value I A»MU ||#70 SS»,i2L,____ I Uit width lift' D»pth(3&' AietlSqS*:* LaJceshore: Yes M No WeUmds: Yes NoX Prop. .Setbacks: Side r. Front "?A ^ APPLICANT MUST SUWIT WIIH THIS POM: 2 COPIES OP PLmS ORMM TO SCAU. A ORriPlCAlB OF SURVEY OP nfi LOT, AND VC PLAN PBVIEN RBE. The tstdersimed heieb/ nakoa uplicntion for a build Ing peisalt ror the work describe afioea to do all work in strict aocordanoe with the ordinanoaa of the City of Orono and rulings of tiie State Buildini Code Division, and declares that all facts md represen­ tations stated herein are true 1 Date .. ? • • I * • ' • • «»■ i*:r ^ j) P^'-V '”'’'V:'Y‘*‘*''‘ * ' '^i .'-Vtfc- '' - I h<ir«>V c*^rt,lfy Cl>%t thlo.Ji a V corr^K^ r»»rre:i*wtatio«^f ‘ii •orvny ’i» ;;.d«^i*^p 'Ol' th^ property dor,cril>d O.-f adjacent fj*!3Cripilon , trul of th ,JU>'t/:^ corn- lindv ^ 7 cow;- ‘ ■ racord<»d r, • ^\ .(gi ,,: localiw of all i>uiliilnrp th^raor^ Qlf<ia^^aid:‘Baavr all vialtla.aucro6c».o*«»;)t-», ir &n^t ^•^jSs^trtaatonltAi, thabc^^-. •' or Oit said It al^o ahova rt '^V' ’’4 Id^jktion of tVo‘pTOpo3'*u addHiO no alVS ,»• la -v .'• fcav<5 b4f«a aet'Tdr aucl^ Xocnilijn^-<v i , ^ m -----------4. ■eft 'Jp;lXiiC ^ ----------- ------, - __________ - tuM ' ^ ..•iWft..3. 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Li- n'?^-b. b 1 « * •^ I I WINDWARl; IN GOVT LOT ' .-. \ :,\V «^C * K I' . V-!^ 'A « A • = \ I »n, —.11, .Ml IM. .. . . • ■.■•-<. -IK..~:...«. ................... ■.' '••" Cn 6/ i« ..out... W.S. . m ...... II.W» li ih* JM .JI p-...« Ot ;»5i..ni.N. -nut* • ... AS I I ^ ‘ •'hit.. . witf «o»«r«tnl .01 »; tl»t«c# ^th i« «Hs -♦ t ioiiN VK»t»« lO 0*<|rm 4 %4;.« foot to « otiot htroioifior to lonoforUk*. ’"o-m-o point of Oofliooino; tlioiKt l>«lh f ^Tl'd•* Oorih fcf no-KO^i •• •iih»io% ' »• ttaTl* iMM"m.«’-H-'i- - • '••*“;■■"• *"?tL.’lLTLf.' •'■'is: srw'«,j3.»mt A IIM ooroilol oilfc ««0 f*»* >ootho4* .•'••f -ot i«w » y . i 'r'‘-•i ..c -. r 'w-L «'-Sf V ■ ti/ ^ i,., .. •. C* ^ I* . . " • " V DATE TIME • I f CITY OF ORONO INSPECTICN NOTICE PERMIT NO________ called in SCHEDULED COMPLETED 6^:1^ V>V; ' • V '* • •V/ t * • r- ■ • • • • i « 4'• .• ••• * r ’ * * * • * . * .* • ‘ • { • • ’ ’ ' ' . i ADDRESS OWNER _ /VV'2- SHon^i-n/^ CONTR. V*' ». ' TELEPHONE NO. ' i I # • t* . .. , .•.. .. • •■ • ■ • • .‘s' f' • * *• • •-vi • •*»*.■• :.W *"vt r* ••rA •' V .* j DESCRIPTION 01 FOOTING 02 FRAMING 03 INSULATION 04 WALL BO. 05 FINAL 07 DEMO-SITE 07 0EMO—RNAL 09 PLUMBING Rl 10 PLUMBING FINAL 11 MECHANICAL Rl 11 MECHANICAL FINAL 24/25 WOOD BURNER FIREPLACE 12 WATER HOOK UP 13 METER SET/TURN ON 14 SEWER HOOK-UP 27 SEPTIC MAINT,* ^5 SEPTIC INSTALL 16 WELL TEST PUMP 18 EXCAV/GRAOING/FILUNQ 19 LAKESHORE/WETLANDS 34 TREE REMOVAL 17 SITE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP 23 SEPTIC FINAL OWNER/CONTRACTOR TO MEET YOU: . _ YES__ NO COMMENTS: , .V • . ,*AF ’ - . • ♦ • .<t . * • . -T ' r^€. Q'o. S Pi-'.<L'/V'\r^.Aj 0 \i a \ /A ;VJ (Jt Cjd/2-^ - /I OO f Ov f 7^/ ' tP<0 z/L/elc-t/^ eu c'c oA - APAt/ C'd t ‘9 -30 A k •r> •' ^ ‘ *-■' ■■ ' i fk *,. • _ * C WORK SATISFACTORY PROCEED O CORRECT WORK & PROCEED □ CORRECT WORK, CALL FOR RBNSPECTION BEFORE COVERING □ CORRECT UNSAFE CONDfTlON WITHIN______HOURS. INSPECTOR WILL RETURN □ PROJECT COMPLETE C ISSUE CERTIRCATE OF OCCUPANCY _________TEMPORARY _________PERMANENT □ STOo ORDER POSTED. CALL INSPECTOR C INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. Z PHOTO TAKEN Z CITATION ‘SSUEO Call for the next inspection 24 hours in advance. 473'-7357 L. % * Owner/Contractor on site: _ Inspector ) White Copy/lnsp* ttor^FlIe Canary Copy/Site Notice t \ \ , . . . ;-iC ■ mm « » f /VI ( » ^ * gjfggj^• • V?- V 4%r '. »r.^^-T >% • • '.•* -V ;;'a /jfj^r. Hejm A';rf, />-^- >: n V- • V .;*r.:'I v<-f W'v -.'v< \■^*1 Wi r \. * -N <'!?■. i'„-v': wm ■ ■ ■- .;^V /■‘:Kv'\;:%m oiBT, Hax**- Cfc*.> . r >;> <4\V'-^;.l*J.;- ’!(s. i ^ i'i r2'’v.“’ Ay:(1 ' 'A \ 'W *■ • ^ ^m^t ><V-^ > 4 t{, 1 * ^ ,V O4 i'- ■^ya •V sf^: ’■y^ “ > V':' »■ #♦• • kt «‘-V )V -• \ 14 T i V t 0’ *, i< V?v V •V V .•i >^*’rf 1*.-il o)^I * • i .7J ‘5; •j;L-»- Si, ‘.y h\ ' *3’*« ,'- A^*' * ,t; ’’: Y \ t ” •-■ '.; ?■'. -.-1 m #Vt*-4? I < riT; -if' 1 ,•» v!, , VI,V.>v ^ if A ?;. :,- V4! )^J\’ ‘ i\ At <i~'- If %■ ’v-J' fe Si, Pf .^' i„ pii ’:m- ^'5%Sr^--■• lis ■u-.-^fr. •:T lilP ;!'■ >V- I ■ li !.• ‘ V*i‘ >- V ■- m i* '/■ 'i;';■; /V MINUTES OF THE ORCNO PLANNING COMMISSION MEETING OF NOVEMBER 18* 1991 (#3) #1697 JIM RIVERS, 1440 SHORELINE DRIVE - 4FJER-.XHE-FACT VARIANCE — PUBLIC HEARING 8:15-8:27 P.M. The Affidavit of Publication and Certificate of Mailing noted. was Jim and Mary Rivers were present for this application. constructed. Rivers noted the stone patio was there directly below the current deck. He didn't realize the permit had been issued for the addition and shed. He indicated there used to be a concrete boat road to the residence which has been removed. Mabusth noted that all three parcels owned b> the applicants were used commercially in the past. Chair Kelley asked the owners why they felt the application was before the Commission at this time. Rivers noted that his neighbor had done extensive remodeling and then wanted a deck which was denied, so the neighbor indicated that the Rivers had been allowed their deck, which triggered the application. Johnson asked if a condition of approval be intensification or replacement of the deck bs allowed. that Mabusth noted that had been done in the past. It was moved by Chair Kelley, seconded by Johnson. to recommend approval of Application #1697 for Jim Rivers of 1440 Shoreline Drive, for an after-the-fact variance to allow the deck structure to remain, subject to no intensification or replacement of the structure be allowed. Ayes 5, nays 0. (#4) #1698 JIM RIVERS, 1440 SHORELINE DRIVE - « ^ /^pjER-THE-FACT VARIANCES - PUBLIC HEARING 8:28-8:32 P.M. The Affidavit of Publication and Certificate of Mailing was noted. Jim and Mary Rivers were present for this application. Mabusth noted that a variance was granted in 1976 for an addition to the existing residence which did not include the addition of a deck. 1 i ^•4 1. I'*;:"! ?'■. ,■■ '■r rv-* & •>.I- ir‘-^ £1*;'• m'-'p -;.r-;< iSl- g»: ■ p/ij 'I ■;> r>''Ir r"> ■, .>i'" •: rf.^^•f »gf A;-’' =i. ■ «4?5‘- W'' U’J & /Y MINUTES OF THE ORONC PLANNING COMMISSION MEETING OF NOVIMiiR 18i li9i #1698 - CONT. Rowletta noted that the plans specifically stated that they do not Include approval of a deck. Bellows clarified that the structure is actually a three season porch. Rivers reviewed that the deck was added when the addition was built. He stated that Jacobs. the inspector, reviewed the addition and noted the deck but felt that because of the exit through the patio doors, some sort of access would have to be allowed to remain. Rowlette confirmed that patio doors were approved on the plan leading to an approved staircase. Johnson reviewed that the deck was added then later became three season porch. Rivers noted there is a big cottonwood near the deck. He stated that the porch is not hea':ed and is actually portable as the screen panels can be removed. Bellows reiterated that the plans state "no lakeside deck shown . Rowlette concurred and noted that the deck is sitting right on top of the water. Rivers asked if they returned with a plan to reduce hardcover on the property, would the Commission consider allowing the deck to remain? Mabusth reminded the Commission that the applicants are obliged to maintain parking area within the street yards per a previous condition of approval. Chair Kelley stated the applicants should return with a plan and he noted that he would also like to see a plat of the current right-of-way allowances for that area. It was moved by Chair Kelley, seconded by Bellows, to table Application #1698 for Jim Rivers of 1440 Shoreline Drive. to allow applicant time to submit a plan for hardcover reduction on the property. Ayes 5, nays 0. im: V V- p fe'; IS' !!■-; Ih.' W'fe 9',;;-C ■ 0r %i,y#■h 'K.i ’; ■' V- v.' i - % I ^1^'’'/ ?v:gr # I. I-' IfI?- ‘n* I- 1^' 1^ I:,iU. m: fm ¥■IP: iiffc-v¥ ^f--- /O. O ,\m'jiSS^ CITY of ORO»% JV RESOLUTION OF THE CITY NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 PILE #1700 %:.. WHEREAS, Dale J. McCurdy (hereinafter "the applicant") is follows: Lots 7 and 8, and that part of the Easterly 11 feet of Lot 9 lying Northerly of a line described as follows: Commencing at the intersection of the Westerly line of said Easterly 11 feet with the Northerly line of said Lot 9; thence Southerly along said Westerly line a distance of 157.25 feet to the of beginning of the line being described; thence deflecting left to a point on the Last line of said Lot 9 distant 217.3 feet Southerly from the Northeast corner of said Lot 9, and there ending^ Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22 Subdivision 2 to permit the construction of a 7'xl8’ second story s.f. of additional structural hardcover within the 75-250 setback area where there already exists 6,690 s.f. or 33.<5% hardcover where only 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council o^ Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #1700. The property is located in the LR-IB Single Family Lalceshore Residential Zoning District requiring 1 acre in area. xhe property consists of 25,710 s.f. Page 1 of 5 f' i •■;.w .Vv-' y y> i"- %:■ tr;. ?r - ?■ y\ '\y h'. ^¥- •v?:’ r ■ r ■'' P' i“-‘ 6’i:r;^. Yii CITY of ORONO » RESOLUTION OF THE CITv COUNCIL NO 3. 4. 5. 6. j-..e Orono Planning Commission reviewed this application in Hardcover inventory was determined by the Orono staff an was reported at 5,907 s.f. or 28.6%. The current survey of hardcover by a licensed surveyor shows hardcover within the 75—250' setback area at 6,990 s.f. or 38.6%.^ The applicant has added no additional improvements resulting in increases in ha’-dcover since the 1986 review. The Orono City Council reviewed this application on April 27, 1992 and conceptually recommended approval of the proposed variance based upon the following findings: a)The proposed second story deck will not result in an increase in hardcover within the 75-250' setback area as the deck will be installed over an existing grade level patio. There has been no increase in hardcover since an garlier variance review in 19bu that involved approve of hardcover variances. c) Steep topographies of this property make it unfeasiole to remove existing paved areas needed to provide adequate turnaround maneuverability on site. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general 1> to other property in this zoning district; that granting e variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not m.erely serve convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including reports by City staff, oral and written comments by the applicant and the effect of the proposed variance on t..e health, safety and welfare of the community. Page 2 of 5 i;> :' /■. • w III CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ ______ CONCLUSIONSr ORDER AND CONDITIONS Based upon one or more of the above findingsr the Orono City- Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 7'xl8* second story deck to the street side of the existing residence subject to the following conditions: y '.i.■ 1. 2. * 3. 4. 5. Applicant shall maintain hardcover within the defined setback areas as follows: 0-75' setback area = 7,600 s.f. existing = 1,022 s.f. or 13.45* 75-250’ setback area = 18,110 s.f. existing = 6,990 s.f. or 38.6% Applicant is further advised that any proposed improvements to this property that results in increases in hardcover that applicant will be expected to remove existing hardcover either equal to or greater than hardcover resulting from proposed improvements. Applicant shall grant appropria-ue sanitary sewer utility and access easements over existing municipal sewer lines on the property. Applicant shall obtain a building permit for the construction of the second story deck and repair of existing patio. 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 (May 11, 1993). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the 2oning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 •ibiH pS'fe'¥ ¥¥ Pk^t-y'w o\ 't ! : nk 'tv .; ■ • '• ^ % r' "! >/ m-p-' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.______________ N; Cr-t K":m'fe- &-©;tvfe- 1992. _e 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 May, ATTEST: W' _ _ _ - Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor k- ■ Sr'7k Dale J. McCurdv i|;;^i:-'Property Owner(s) Shirley J. McCurdy # i ^I^ State of Minnesota ) )ss. f .. COUNTY OF HENNEPIN ■■ ;M ■ ) 1' < r, f r The foregoing instrument was acknowledged before me on this 11th day of May, 1992, 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. 0y ft«■ •: .. Notary Public ?v 0^- Page 4 of M.. ii. II?’-' •JV* . ^ y ■♦ *• • •• I;v- ii. S‘5^^•y^-v .' - J-' rik ■ . - :f-v i;#iV; S- : > ,-vir' « ■■''Si; ■ iKfei!’ W,i' ■o- W$^'- ■ I,’!!.i'v'- ''^"7 IV CITY of ORONO I5^B8tt9. RESOLUTION OF THE CITY COUNCIL NO. _________ __ STATE OF MINNESOTA COUNTY OP HENNEPIN ) ss On this day of 19 9 befors ine a Notary Public within appeared id for said county, personally known to me to be the person(s) described in and who executed the foregoing instrumentf and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OP MINNESOTA ) ) ss I CO’ 'ITY 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 I 6 %V,, ^'ly. ^ ^'%fChairman Kelley and Planning Commission Members /if^ Mayor Peterson and City Council ^ T' Ron Moorse, City Administrator ^Ojt ^^9^ Jeanne A. Mabusth, Building S Zoning Administrator %<5|^ May 4, 1992 #1714 Thomas W. Lytle, 1935 Concordia St. Variances — Resolution Pertinent Ordinances ‘'>'VW i?:-' •>/iv V-■:t‘. ’ ■ -■ ■ . section 10.03, Subd. 9 (D). Street ‘setback variance required for detached garage to be constructed in str yard of lakeshore lot. ^:b' Required = 10' Existing * 8'8" Proposed = 8'8" Variance = 1'2" or 12% Section 10.25, Subd. 6 (B). required for detached garage. side setback variance * ■ V Required = 10' Existing * 3'9" Proposed » 3’9" Variance = 6'1" or 61% ..I.,t section 10.22, Subd. 1 (A). Lakeshore setback variance required for amended deck proposal Required = 75' Proposed = 72' Variance =3' or 4% 4. section 10.22, Subd. 1 (B). Average ' lakelh^^^ proposal does not propose encroactaent o£ the average setback line. Refer to Exhibit E. 5, Section 10.22, Subd. 2. a)Hardcover within 0-75' setback area Allowed = 0 Existing = 0 Proposed ** 56.2 s.f. or 1% =s 5.625 s.f. •i1 i i \1 »- V-I i.PS Zoning File #1714 May 5, 1992 Page 2 1^. (*» !v:- I : ^ I' Hardcover within the 75-250' setback area = 8,737 5 s f Allowed = 2,184.3 s.f. or 251 • ^ . i:. Existing = 2,205.7 s.f. or 25.2% x ’roposed =■ 2,799.34 s.f. or 32% (This includes expanded paved area to provide backing out capabilitiei in street 172 s.f., and increase of 195 s.f. of deck area now located within the 75-250' setback area) 6. Lot coverage facts. Iv y,fc..k»f- .' ■ r-'-V- p/- it- ■ 0 aft' ¥ fy ■ :r Total lot area * 14,362.:? s.f. Allowed structural coverage = 2,154.4 s.f Proposed = 1,822.3 s.f. or 12.6% or 15% 'p'. List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Original Proposal E — Amended Proposal P - Floor Plan Amended Deck G - Deck Elevation “ ” i through 2 Garage Elevation ^ ~ Garage Foundation Plans J - 1 through 2 Site Plan for Application #886 and Resolution #1730 K - Council Minutes 2/25/85 - Approval of Application #886 L - Hardcover - Existing M - Hardcover - Proposed N - Original Survey of Property 5/75 'ft.-V" J V Description of Request 'fv variance application his been rt:viewed at two meetings of the Planning Commission in Februari- and April of this year. The origiii^al *PPlicat-on involved a more intense encroachment of the lakeshore nrea which was discouraged by the Planning Commission at the amended proposal shows a reduction in hardcover setback area (Original 129 s.f. has been amended to 1 u *4*5* ^^® reduced from 65' to 72'. A majority of the laiceside deck has now been located in the 75-250* setback area 4 ^ increase in hardcover within the 75-250' area (Original proposal at 31%; Amended proposal at 32%). lo^® detached garage at 22'x26* shall replace an existing 20 xl8 garage located 3'8" from the street lot line and 3'9" from proposes construction at the same substandard setbacks. Applicant's hardcover facts show backout depth u 16 . Staff has recommend-d that adequate turnaround be provided by expanding paved area 4* to the north and to the west f V • -3pg Zoning File #1714 May 5, 1992 if-; Page 3P- iiS 1; U*. i. Vi a ■' I ■j.. -. ■'Vv Vi ■i-i-;vi- kV .: r . . Vv ■. resultiing in approximately 172 s.f. of additional hardcover. Tne ordinance specifically requires when a detached garage is placed 10 from the street lot line, turnaround must be provided on site. Staff has enclosed information on Application #886, the property located at 1925 Concordia. Review Exhibits J 1-2 and K. In that application Council approved a deck within 60' of the shoreline with a net increase of 404 s.f. of deck area within the lakeshore protected 2^0^, Because of the unique construction and the fact that the deck was a grade level deck requiring no railing, the application was approved with the deck area not being considered hardcover. Many of the findings set forth in Resolution #1730 can also be made for the applicant as the same 15* high lakeshore banks runs along applicant's shoreline and the majority of drainage from the lakeshore yard flows away from lake. The lakeside deck will have a negligible impact on the house to the immediate north and most certainly the applicant's deck will have less of an Impact on the neighbor to the south than the southern neighbor s deck installed in 1985 has on applicant's property. Review of the Hardships and Findings The severely steeoed lakeside banks shield proposed deck expansion from the views' at lakeshore. The lakeside deck will not encroach the average lakeshore setback determined by the closest projection of the decks on the adjacent properties. The location of mature trees within the southwest side yard prevent the deck from being located cl ser to the side lot line. The proposed detached shall encroach no closer within the substandard street or side setbacks of current garage. Planning CoBvission Recommendation The Planning Commission recommended unanimous^ approval finding that the applicant had demonstrated good faith in his attempt to address the concerns of the Planning Commission. Members reviewed the site plan to determine if existing hardcover could be reduced and found that all existing accessory improvements were essential to tne single family property. The enclosed resolution has been drafted per the Flaniilng Commission’s recommendations and bas^d^ on tne^ n^^^ni^s set forth in the staff memo and many of the findings set forth resolution for Application #886 that granted approval of variances for 1925 Concordia* III'-: . A i ; '> '{ I S A RBSOLDTION GRANTING VARIANCES TO NDNICIPAL ZONING CODE IS' SECTION 10.03 r SUBDIVISION 9 (D), SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 1 (A), AND SUBDIVISION 2 FILE #1714 NHBRBAS, Thomas W. Lytle (hereinafter '*the applicant") is t owner of the property located at 1935 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: m pp'-- Lot 12, Fagerness, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances tf|to Municipal J'oning Code Sections 10.03, Subdivision 9 (D) and Section KiO.25, Subdivision 6 (B) to allow the construction of a 22'x2€’ detached garage within the street yard of the lakeshore property located 8*8" from the street setback line where 10' is required and 3*9" from the side lot line where 10* is required, a variance to Section 10.22, Subdivision 1 (A) for an attached deck to the lakeside of the existing residence to be placed 72' from the OHWL of Lake - . * « — _ _ _ _•_ _ _ _ _ _ _ _^_ _ _ __ _ _ _ _ _^ •_ _ _1/11'^ Minnetonka instead of the required 75' and variances to Section 10.22, ^^Subdivision 2 involving hardcover variances within the 0-75' setback area seeking approval of 56.2 s.f. or 1% hardcover where none W!. ___________________ _ _________ _____ _ ________________ ________ IS allowed and^ wi'thin the 75-250* setback area seeking approval of hardcover variance involving 2,799.34 s.f. or 32% of hardcover where 2#205.7 s;f. or 25.2% exists and where only 25% is allowed. #.^Minne3ota: MOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, ^ ■ ■ FINDINGS 1. This application was reviewed as Zoning File #1714. mm"-2. ,’v. - The property is located in the LR-IC, Lakeshore Residential Zoning District requiring a 1/2 acre in area. The property consists of 14,362.5 s.f. or .33 acres. Page 1 of 5 ■*<-. V’,. .'V- .*• .V 4 ■ -•« ---------r PF’4' fe-:" ^fi"'P- ite - >■ ' iP M^fmpv Vfc?'^ ■ ■■ iis;.^'mBP. Rti%/ ■ ^0'- Pmx ■ ■m V." Mir^■ffifei.P»'li^.tev^.fcsv wm-:WA . / #1:.. iiife«i.^W-vip|v' WiP : yj'^l^iJ-' i ' ■; . \ -A .p- 5illMf-'|#^P 5, The Orono Plan-.iing Commission reviewed this application on February 18, 1992 and April 20, 1992, and recommended approval of the variances as amended based upon the following findings: a)The 15' high lakeside banks shield the proposed deck from the views at lakeshore. The lakeside deck will not encroach the average lakeshore setback determined by the closest projections of the decks on the adjacent properties. Location of view windows of applicant's residence, location of mature trees within the side and lakeshore yard and location of a house to the immediate south are factors which limit the locating of deck on this property . The proposed deck will meet the Minnesota Department of Resources 50* minxmum setback for general development lake such as Lake Minnetonka. e)Proposed detached garage shall encroach no closer within substandard street or side setbacks of current garage. 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. 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. Page 2 of 5 I ■I 4 I ■(! ] i ■%I I1 i . li*. .'j . • ■• ‘ -r ■>. » *.lit:':'‘V-T' - isiv' - ■ ^ hereby grants variances to Municipal Zoning Code Sections COHCLOSIOHSr ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City 10.03# Subdivision 9 (D), Section 10.25, Subdivision 6 (B), Section pf I0.22# Subdivision 1 (A) and Section 10.22, Subdivision 2 to permit n the construction of a lakeside deck to the southwest side of the existing residence to be placed 72* from the 929.4 elevation of Lake • Minnetonka and a 22'x2€* detached garage to be located 8'8" from the Street lot line and 3'9" from the side lot line and 56.2 s.f. of hardcover within the 0-75' setback area and 2,799.34 s.f. or 32% within the 75-250' setback area, subject to the following ^ a conditions: ■ : % 1. % WM.. Authorities granted by this variance approval 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 (May 11, 1993). 'a '2 a m-.CS: Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. ■. iV.K 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 May, Jhl992. pvAWBSI?: ^rotiiy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Ovaeris)P? ■■ Page 3 of 5 if""* feaifeteiiAlktak,t..v n , . M: 4 - fe>;I’’.'r".- .r ►.'>’-JVV -- < ♦• >■ “J, V >.H •||> ■ §€' - ' • 8L::ir ’:f- ■i ■ A,';'- STATC OP MINNESOTA ) ) 88. COUNTY OF HENNEPIN ) The foregoing in8trument was acknowledged before me on this « 11th day of May, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 4 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public .-. fev "K V- ( •••■ iCf «r- • mm: i-•;■••■ ■:^:r>• 'V- I' ' Hi^Page 4 of 5 ^.i'- ‘iv ,V: -.-V^ I 1 1 ■K 4 m > '.n Kimmlffiff"f^'-^S^iv-i-j:. *-'k4f:- -u '• ■■ffm " m Ml ) ) ss. M:|Sil^iv^feP*. H misstate of MINNESOTA I§&^ . .-I:, ‘S«|# r On thifl - ««jr -- - - - -r- - - - ^1 before me a Notary Public within and for said county, personally to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed f»-^®;OOOTX OF HINNBPIN day of 199 -^isine as his (their) free act and deed. i "?yC ^‘•.. A...:* c 'r.: II r'‘>y fc»SP# '; '6' . . v'i.{f'i. par' ^STAlF OP MINNESOTA ) ,|W- COUNTY OP HENNEPIN ) On this NOTARY PUBLIC day of 199 , before me a Notary Public within and for said County, personally appeared to5roto me to the personas) described In ana who executea Coragoln? instrument, and acknowledged that he (they) executed the seme as his (their) free act and deed. m'Ay ,:■ . . ^;pv« NOTARY PUBLIC ■> ‘y-1 *i pf;" ■ f p- iBffS#:.- ■■ immiKy Page 5 of 5 [iK ■'.=■» •• .mm" . -f57XTT OF ORORO - VARIANCE APPLICATION MBm Initial Application Fee $175.00 ($50.00 per each additional varianc Renewal variance Fee $100.00 (no change from original application) #1714 I Variance for non conforming use $200.00 After-’the-'Fact Fees (Double application fee) m property ihfqrnation site Address /93i <r. Property Identlf. Number (P.I.D.) Ciry OF Df<QiQ Flh'A 'r^CE OFFICE 1350200000 Oi QEH 175.00 CHECK R 175.00 HECEIPT-THAHK YOU ^"^''460 COOl ROl T15:C 01/24/9 I1 Bi- Attach legal description to application if not included on required survey. Date Property Acquired /F/5 7 _ (month/year) I C^0(do not) also own the i^jacem: parcels cf land. Present use of proper^: ^x residential other(specify) toning District: •. -<■Name Cj, iyr^.£ Phone (home) 7Y Phone (worlc) ' y/-% *■ Address:/?!r d.-.L'/iYZAT’yiziD! 5y5f/ iOMilBR (if different than applicant) _ City Phone (home) :1 ■\ Name Phone (worlc):4 Address:City:Zip: OBSCRIPnOH OF REQUEST d>#00 / atrzrOstimated Construction Cost $ 'i.1/-/I ] Describe request in detail: /IfppcY fo /-Y, .Z^ ^9^uesciriDe jtc«4 *** v»«»»• ---------- Ct^tS7f<ffC G/hZ/*6£- ■ ■ VARIANCES RBQOZRBD _ _ Lot Area Setback: I } i Lot Width Hardcover Lot Coverage Front Side Rear Average Lakeshore *■1 ' rj • ■ Other (specify) HARDSHIP/DBSCRIFTION OP ONOSUAL PROPERTY CONDITIONS P#'- feSUf Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements:----- - — 'Yur^ /{prec<it^7ffr^rcy 'A __Lti 7^' ---------- —Cf ACd.------------—----------— I T 'k[(attach additional sheets .if necessary)H XBQOIBip SDBMTTIALS |j ? iLll of the **^0!lowing information must be submitted by dinil^ dutii in order for’your application to be considered completes the application 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). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as requirea (provide one (1) copy 8%"xll" for reproduction) • Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J5"xll"). 6. Sketches or plans cc floor & elevation views (provide 1 copy 8%"xll”). As an addendum to this applicationr 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. L The Applicant and Property Owner must sign this application. Plec.se r..VI ^ remonber that vour variance application is not complete if the above information has not been included. 1 AVTLXCABT*S SZ6RATDRE The applicant hereby agrees to provide all information required or It.- time not covered by original fee payment) and/or consultant expenses incurred in review of this application, >^nd certifies that the inform •*on supplied is true and correq^<?to/the b^-^r g/ his/her knowledge requested by the Zoning Administrator, agrees to pay additional fees (staff ►f Applicant's Signature Date <;r • ,S SI6MAT0RB The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga ­ tion and verification of this request. >1" flOwner's Signature Date " Applicant must have all submittals into the City offices 25 days before the Plar Ing Commission Meeting. Pleuining Commission Meetings are held on the third Monday of each month. J^plicants must be present at all scheduled review meetings of the Planning Canaissiem 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. rvUifS' V V- ..... I •'1 'I ^'♦S > •,i •« vj I,::T=ii''I -■ -Jrt- •: Vv:--y', ^.V — ■ .*■*.*• i» F-- ' ri ••' •A?^* B'fs ■ ■ ■ - i:l«'^'A MM- ■ feiS as*“ »i&; m:?:m-»L' ■•» •^J 13*3"ig'p aSii!|_5s|f SSS te:#' ,t; , ■'■■ •4 !«SiS0'ia*#'. ^ V .; ’.' 1 • , '\ >■ •m- If-'^'S’'-."- .':■ J pfi%' 'Lv.':- ■ -f!Sgt-::>.? - i*>: r>u. 'mf:-r . - ■ .. r ■ /, - t^;:*i^ v--. •., .-p % 32V S fil 01 9 9 O Ui O %4 M _ M OiM o n X J S'*_ 5'"52 -< O ^ • X H n M X N g >4 M m 2 I 01 X •» O IV# !P"’h<-8 ‘^ r* > X X is»O H01 > < < X 04 M f- 01 MMX 01 > X ^ 03 03 X M 0104 03 ^ 0« 03 04 O M iES < nO ii c <r" <2 '’8 Oi 171 \M ;qo M m 39 X m ;om m 0 u« £• 01 M 0 1 n M ii' O M X O M Hf ^ >o 0> O H O X M X X o 04 S ^ > > M O K OI X S N 01 M M 171 > > OI M H ^ <9 > > C9 (9 I O M m t-4 M -n M o V m form 01 0> OI 04 “O >o O •-» M 5 W M < < m m (/) 01 M #> 99 O K ^ O O Mr 39 O X n 5 2 ►-*8!^i8rox 5 fv» •« S * S8 X r- o M SSxpg* ?sa*O 5 H M ^ 3 ^330 •,.'.^-yf. •(■J'y (« -<^ ■ t»JL,(.j G T- •■■g-’ ' .v^'g'V V. 5 -< £. M C C. O 0« <<0 0 0 1^01 •"'"iSS® O M r> m m X ^ S ^5 O M 2 g M M 01 01 04 oi <A S V H O ^• O 04m o H o > M 04 ^2 X M m m > ^ X 99 < ^ M M N O X 9S 5 o ^ ^ X M X X O M S ^ ^ M Oi g£S3|W X XOIMH S 5 %4 ^ > X X I 63 M M M . o o ^sSsss: 238«8 “"ISiss s ;;{ o N X X sI Si M Km•I M • • • G ■ O rG^ ., G 1 1 i ■j ■1 1 1 f ,i 'i‘-. rl ..-:4 r.-%MC r-v^Cr.*:/ V, . -A- • ♦ ^n. i^;: i.-'./5] ‘I lj^>:-r- .. 5^-: - - >• l^^■ S'l fr/ ‘‘^ ’ W""'fi?;#*"' K. f f I ;>r-- • >-\'-> ’ f- x-mwimM m:- Cert if lent n of nnrvrNy for Thomos w. ^.v^lo' of Lot 12* Paqorne’^n llennnpm County. Minno'ic^.'* #1714 •s •,V .y ......"1 • u % C W/C-' / D«ck !> • </»'/ / / \ 0N, va.; 4/,.o*/ ** y .«/ o/ / *v:«/, «r V tm.vt. o«.w £*.;»» in A' V-lowtC X:'N.i ( » •I fieq«'>I Poseriptlon l.ot 12, Paoernesfi, accordinn to r.h« pint ttierooC on fila and of rocrorH in the office of the Register of Deeda in nnd for Hennepin County, Hinnosota. / This survey shovo tho location of an oxintinn house, oarage,step, walk, drivowav area, and thn proposed locntion of a pro(>er»ed dock, ft does not purport to show nnv other iini^rnve- Ments nr encroachments. ";A •2 o : Tro»i marker Bon rings nhnvn are to an ntinumni} flntiioi. '•■A. Com\ ^ G:;on ['Erg I x', r r,- ■—.-•.L ’••i: I ^^^'Jr Cx-»lify i>Ml Uib SHrxry x. .n |<u ,vv»hI l.y m - ..r. my ,M„tI siii- f vUujn. a..J I am ».liily irpixlon-j C i. .1 Lnumii t.«,.,! I .i.iW S..rvc) <.r mU - the bx»» ti( Uir Suic ..f l»ATi jAW.»VH>i h I ________ ^ Air r t 50 Mifi ^ • ' **«i?*»*fr f.e. 7 • .•V '■jtP mm.. r ■ |;>^rC^'- '■ ^•F. P |8^' 'VsiViF;^' iP''S- %; ■#. IfS ' fe-. ■•■■'■• p#' i:3i- '"l* Ifs?#'- ■ f ^'ilr i . \ -i . ' • .'• ■1 ■>r: ViW • •F- • ■ ’: ■ • . ■^9**I ^^scription »2, Pfiqurnaan, accorcUnn t-o th« plat CMFMf on fila and nt record in tho office b cLn*® »««<*» in nnd for licnnopincounty* HinneaotA. afs“ iffif This aurvay ahowo tho location of an nxinMno Miiflo* anra^o^fitQp* wnlk* drivnw/iv Aro.»i, ^^nrl tnn proponea IriCAtion of a prc»pono<^ dock it doo*. not purport to show /^ny other improve. Mntn or oncronchnKintA. Driy^ S * U € t S a. % : (^7.0 /A S 0,3^ 4*73. y n.^*^ /V >.?• ?7< ■a / y / y ri r/i'.-; -f-Mii/; rv ^P;i‘- r> : T r nn m^rkor hp^irinq*? fii)ov/it Arn A!iHum#?d dntiiin. ♦■o An . .. . ■ .»>)• mr n, «ml« n,y „,,^.n*TE J^iN.l^.l)>^ /rZf'H WAIT r*. sn' vV-^' ^ _-. 1 ' *■ } 'i « « ■,' ♦v i j -p H i K' i ■ij ' -v-^V* - 'u m e.. m^- ii:>'h%y^ V «fc-V- ‘m-'"ti-Bmt ■- p:^i :■’ “*iWSi Si? S'SifB*»•sW' MM-^: h: miPm ewy V- •• ^ t. . 1 'sipi'y . ■■%a: ,'p;- SI' lai®'’l?.. 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' 'i -J.1 Vi aattji fe^,W ‘ % •£& • ■ • f--.w «riE «a/ %\ V' y^l 0 '' ' M 'S-'T mm 'iplj mmp-^Mrn 'll® ■■■«i ■ ■ ';iffi;i: ■■if^ ^^iW- m Wi >W9i .^=lil ■IS'*'.111'm^\y "')■ -■jkm v^ mmm ■-®l '*' :^S|f ^ »- • f 4^ * mmmm ■^iiia ^Qyfice I ■i *'.' ^’-r: - ' ' •-”’ ■'r'-; ^»i*il ^ >‘Ik:‘s-'flmmwmn.>-.T- -^ f.:BKSSPIli|im'-i r •..( r . -■ l#i H: '•:. :PB^ 9im ■ 'b ism fl jete l|iiIlls ’ ■’ 'ms: ■*f:i,K-;- ■ m,:; my im :: ,:.V}?1’ •K.i'",'’ci, i;-.^;--' ■' w$m.»>m p-. -B yifmmmmn .M Si te"" » i: ^■•»i -_wt‘ 'UiA ■‘ ■ ‘ '3 .1 ’ > ^ ^..u - »•;*■>■,■ a ^ . ' V. >^ > V ■ [m 4 m.: r ^ ■ I- !;■fet. iUA^ ►*>'** iT •. -fr *City of ORONO O T V MtSOtUTIOM 0^ thi city counol W. ■ ’ iO___________ OHONO CBANTING A VABIAMCE TO HUMiciPAi. zom :nc code SECTIOf 10.55. SUI.UIVISION 8. ANU SKCTION i0.:2, SUllOIVISlOK : KItK II8« WlIRNEAS. Bichari! Boq.it/ i^crtinoltcr ■t^«t opplicanf) o«/ner of the propcity locotcd ot 15<5 Concordia Street withAn th« City of Orono f hvrei no f tor *City*) «nd i eqo 1 ly <Jc«erlb*d •» follows : Lot ll< rogcrr.cst, rcr.ncp:n County. Minnesota, (hcroinaftor •property*): or.«) WIIERKAS. the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit the constiuction of a ____ _ - , . _________ ____ i ^ ^ ^ ^ ^770 square foot deck structure of whi^h 404 square fe?t is to be located 60 feet f ron» the lakcshorc .mvi within the 0-75 foot lakeshorc setback zone where no perm.nr.cnt cr rewporary structures are normally allcwccK HOW. TIIEREKORE BE IT BESOIaVED by the City Council of Orono, Minnesota: I riMOIMCS This application was reviewed as Zoning Tile Ho. •••• 2. This property it located within the LR-IC Single Family ^ Lakeshorc Residential Zoning District. •**r • » 3. Tho Orono Planning Commission reviewed this application on January 21« 15§5 and recommended approval conditioned on favorable findings by Council that decks which meet certain design standards are not conaidsred as hardcover. Ho view problem would be encountered* 5. The proposed deck only extends lakeward as far as the extension ot the west line of the house to the south. r •s,f. Th. location of an aaiatlng Box Eldor trc. and tho houso tho south aro factors which llaiit tho accontablo locations for the proposed dock. A V * K’.IA - fis- • .1 i. S3 fWi3 r -«^r ^^n^1 City of OP I ’ » H«S0LUT!0N 0* TNf Ci NO. ___ OMONO k M 7. The local icn of . s • pioblem in locjt;rq .. awiiaP-v dc.-«^. I. Appl leant ho* fl-ln: t^.it hi. r.-c feet of cxiJtinf) h. *. rilcivir .» zone. f. The front )ino of the pror^i*et? tU c beyond the front line of t^c hc;Tc to 10. Sen(^ is to be placed jndcr the surf was done in the Kruixip application (Pcsci prevent encroachncni of harJcoNcr into zone* hence no hardcover vjr:a'tc is rccuj 11. The deck low tc noticeable from the lake. o 1 c J n i! 12. A deck on either title o' the house bo practical tccauM of Jimitod 13* The steep grade of lake startirg at and the average setback of the houses i appears to be SO-60* rather tna.n tre requ that the natural ncn-cncroarhrr.cnt area js 14. The 15* elevation and stt^p slope %. overlard run-off distance of 75* from th 7C* horisontal distance. 15. The variance will not eodify the neighborhood. 11. The proposed deck etill eects the mu of hetural hesourcos 50* einimum aetb Oevolopeient lakes such as Lake Minnetonka. 17. The City Council has coneidered ^ including the findings and recomwendationi CoeMiieeion« reports by City staff* coeeonts rnd the effect of the proposed varianct safety and welfare of the community. 1 ••pOQO 3 of S ini <1 r.. 41?^dtM.;vji t ■ ■ vV fe- .1 .1 L.> >■ - j| 1:-- 4^-;^rI.* H i % • «» A •% > •■ V ti:- ■' ’*^;<-.M ti':2>• <v'- ORONO r4v«H«j h ^ . »<•>-%. 4 111 'y*v/^^. s'II ^ <V‘>^ T^t ^r I T VORONO ■ ■ I M I r5Tti>K«j V■' 'v;v a:i. -4^i:m ••i*ITBS OF TEE ORONO COONCIL MEETING HELD FEBRUARY 11, 1985 PAGE 2- m r ittf mXCBARD RAGAT2 I 1945 COUCOIDIA STREET tretrte l:#v . ||p# fe;:- ;s’j. nii /:v V j^„,, ;, fmWk lilli./' Ilillli x%%.' ’1# ‘" - V-CV ;-3- mf4 \- . '.>■ y M:s^j - :■ . ■ 'r? ‘ ■'• , m- %JPi,,.a„.:/v: Richard Ragatz was present along with David Kirscht, ij^ji^gner of proposed deck. Assistant Zoning Administrator Q^f f ron explained that the Planning Commission approved this application subject to Council’s findings in the Krutzig application. Gaffron stated that the hardcover problem is then solved if the deck is not considered hardcover, but the problem is that the deck extends into the 0-75' setback area and decks are considered structures. Richard Ragatz explained that the house was built in 1921 and therefore he didn' t have much of a choice on where to place the deck. Ragatz noted that placing the deck on the side of the property is not very acceptable to his neighbors in that the deck would be located directly outside the neighbors bedroom window. David Kirscht showed the Counci 1 some slides of the property. Planning Commission Representative Rovegno noted that Ragatz did remove some hardcover within that lakeshore area. Rovegno noted that Planning Commission approved the Ragatz application contingent upon ^juncil's positive findings on the Krutzig application. Rovegno stated that once the hardcover issue was solved, then the Planning Commission had to deal with the question of whether the deck structure within the 0-75' setback zone is considered a non­ encroachment as well. into review of decks because hardcover was not allowed. Frahm noted that this deck does not block the view of any neighbors which was his next concern. if certain decks are not considered hardcover. SS“ooiS!:rho»es in^^he\fet as if the homes were less than 75* from the lake. averag^s^tback^tuS^^^^^^ buf t^at werrhomes both less Jhan and more than 75 ' from the lakeshore in the area. I .-•j € I * A .'i ‘i; 4 '^••w. •MfMnyifg OF THE OFONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 3 IS- v" [ill- S|,fe '■ m-m-" ■ ■ •i«'.r-m-y ip;-;; Sis'* :::fgPaS^r ■?■■ W- ' m. [:uk - •■•: K*H, :v^ m City Attorney Radio stated that the City ’ s test for variances has to meet several tests . Radio stated that the question of whether the property can be put to a reasonable use without the approval of the variance works against the applicant in this case, in that the property can be used without the deck. Radio noted that the question of the plight of the land owner due to circumstances unique to his property not created by land o%#ner works in favor of the applicant because of the position of the house and the year the home was built. Radio explained that the question whether approval of this variance wouid alter the neighborhood works in favor of the applicant in that it will not block any neighbors view of the lakeshore. Radio noted that economic considerations do not constitute approval of the variance alone. Mayor Butler moved. CounciImember L. Adams seconded, to approve the variance request of Richard Ragatz and directed staff to draft a resolution of approval noting the following findings: ^ flQ view problem would be encountered. 2. The proposed deck only extends lakeward as far as the extension of the west line of the house to the south. 3.The location of an existing Bex Elder tree and the house to the south are factors which limit the acceptable locations for the proposed deck. The location of applicants existing house poses a problem in locating a suitable deck. Applicant has stated that he has removed 150-200 sf of existing hardcover walkwav^- m the 0-75’ setback zone. The front line of the deck does not and may not extend beyond the front line of the home to the south. Sand is to be placed under the surface of the deck as was done in the Krutzig application to prevent encroachment of hardcover into the 0-75' setback zone 8 The deck is low to the ground and will not be noticeable from the lake. 9. A deck on either side of the house does not appear to be practical because of limited space. than 75'. 1 1 1 ".■Jm :( 'mipnmuTEs or THE OiiONO COUNCIL MEETING HELD fn.o«u/\iM i*£. iM'.mmi aiaffli?' i:?;' pif tS»: IpirfclR PS-i:4.. .. ^ V. ■*. •. mmmmm^ .^'^; pp".-te|; ^ mm-'Him ^ •«* • ’ ! .-K.-SlN--'^' fc: WiM§m P 11. The 15' elevation would give a true distance of 75' from the lake at about a 70' horizontal distance. 12. The variance will net r.cdify the character of the neighborhood. Additional findings should include the Krutzig findings in Resolution #1726. Before the motion was voted upon, discussion continued. Councilmeaber Grabek noted that he did not vote for the Krutzig application because he was building a new home on 2,j|)ceshore property and knew the zoning codes prior to building the home. Grabek stated that the past philosophy of the Council has been for the benefit of the lake and the City has been strict on any building within the 0-75' lakeshore setback area. Grabek stated that if the Council passes this motion, that the philosophy of the City is changing for certain reasons such as the home being built prior to the current owner and the general lay of the land because other homes extend beyond this home. Grabek stated that there are plenty of homes in Orono that may have the same hardships as Ragatz. Grabek noted that the general philosophy of the City seems to be changing. Grabek stated that he would have to vote against this motion in order to be consistent with past City decisions. Grabek noted that the Council should be willing to allow everyone else to build within the 75’ if they approve Ragatz's application. Councilmember T. Adams felt the same as Counci Imerober Grabek. Adams noted that this is a 20 percent lakeshore setback variance. Councilmember L. Adams stated that he agrees with the 0-75' 3etback rule with the lake, but that there are many lots around the lake which hav’e special circumstances that warrant a variance. Adams felt that the Krutzig application was one and that the Ragatz application is another one. Adams noted that he did not feel that thi-^ would be a philosophical change to approve this variance. Councilmember Frahra asked that the deck be moved just so it extends along the side of the home and out of the 75' setback zone. Richard Ragatz stated that a mature tree would have to be removed if the deck was to be placed on the side of the property. Ragatz noted also that the neighbors do not wish to have the deck outside their window and that he is trying to preserve the privacy of both homeowners. David Kirscht stated that approving this variance would not be precedent setting in that each variance is unique to each individual property and should be reviewed that way. -si" rv: 4 fOP tUE ORONO COUNCIL HEETING HELD TEBRUARY 11 , 1985. PAGE 5 ^S'S'k-'. \ ■■ I? > ,:'c . V '.r »r #L'ja ..iv ii;miH ifcSov;.'' mM fc.' Councilmemb«r Frahn and T. Adams asked that a compromise be reached maybe by extending only 10 percent into the 0-75' zone and placing decking on the side. They felt that the 20 percent variance was too much to allow and that a 10 percent variance would be better. David Kirscht stated that from a design and function standpoint it would not be feasible. Mayor Butler withdrew the motion CounciImember L. Adams stated that he would amend his second U Biot ion was made for a 10 percent variance rather than 20 percent. Councilmeraber Grabek explained that if the City was going to give the applicant a 10 percent variance, they may as well give him the 20 percent variance. Grabek stated that by giving the applicant only 10 percent it doesn ’ t make the deck very desireable or useable; therefore, the City should be strict and consistent and not allow any structure within the 0-75' *one. Grabek noted if the City's philosophy is going to change and allow structures within that 0-75’ zone, what is the difference between lC-20 ' . Grabek noted the City may as well let the applicant have the 20 percent if they are going to change their philosophy. Grabek asked the Council why penalize the applicant 10' just so the Council feels safer that they are staying within the 75' setback. Hichard Pagatz agreed with Counci li<iember Grabex in that if the City only approved a 10 percent variance the deck would not be as functional. Mayor Butler suggested that Council pick a number to give the applicant guidelines on redesigning his deck. Councilmember Grabek stated that puts the Council in an awkward position in that it makes someone pull out of the air a number that they feel appropriate without any basic sound engineering judgment or any science of decking, or movement of people, and opening of windows or doors. Councilmember Grabek moved. Mayor Butler seconded, to approve the setback variance for Richard Ragatz to coistruct the proposed deck and direct staff to draft a resolution of approval incorporating all of the findings and conditions made in Mayor Butler’s previous motion. Motion, Ayes (4J, Mays (1). Councilmember Tim Adams voted nay. Councilmember L. Adams asked why Councilmember Grabek changed his opinion. 3 I ijuL LV.' ' ■ .y ■ —r-THE OHQHO COOITCIL MEETING HELD FEBRUARY 11, 198S. PAGE 6 5S* mm. CouncilB€unber Grabek felt that the general concensus of the Council is that they would like to give a variance to this applicant because of the hardships, and before the Council gets to the point of creating an additional hardship on this Individual by giving him maybe 2-3'» which is the same as giving 20-25', he felt it should be approved. Grabek stated that the Council should not pull figures/numbers out of the air with no specific reason or engineering rationale. Grabek felt that before the Council gets to the point where they would create additional hardship for the applicant by not making the deck desireable or useable after redesigning the deck, he felt it should be approved. Grabek felt that the Council's general trend is that the Council is going to *lXow some type of variance, and if they allow some type of ^^j^Xance to the 75' setback zone regulation, then the Council should give the applicant the 20*. .'i: f, • David Kirscht asked that the 1/2" strip condition be removed in that it would create a "trip strip" because the decking does not have railings, and people would trip over this 1/2 strip. «•/•i. . Council agreed that the "trip strip" condition could be removed as long as the applicant places this strip along any portion of the deck that does have railings. #••7 FREDERICK WIHSTOH 76S 3PU1UG BILL RD; varzaik:e RESOtOTIOH tl727* Vi, li 7m■r • •'i; Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve Resolution #1727, A Resolution approving A Variance for Frederick Winston to permit construction of a storage building. Motion, Ayes (5), Nays (0) 1890 CLIFF OTTEN 875 HAYZATA BLVO COHCEPTUAL REVIEW .f ■ ■1^ wm Clifford Otten was present. Otten informed Council that he was just polling them on whether the City would like this type of use in Orono and what locations they would prefer. Otten stated that this proposed site at 875 Wayzata Blvd would make it possible for him to combine his Long Lake and Wayzata businesses into one building. Otten stated that he doesn t know if this location will work or not so he may go back to his other possible locations. ■ mSi^ Councilmember T. Mams stated that this was a perfect use in that its non-sewered commercial. Adams stated that it still gives the surroundings a rural touch. Adams stated that nurseries are ideal in this type of non-sewered commercial zoning district. Adams stated that performance standards should be developed for this possible type of npn-sewered commercial zoning. mm- •■5 •i ■4 m NZMOTES OF tUt REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 25, 1985. PAGES itto STSVEM RUCS m *'0 I t:'p s ; ■ ie?:- Council»«mber L. Adams agreed with Ruce and the Planning Comaiission in regards to the low level of commercial use for the property. Adams stated that Ruce could have COM into the City hall and asked for a building permit end received a building permit without getting a conditional use, but he was honest and mentioned a low level of commercial use for the property. ■■ T-: /i': Zoning Administrator Mabusth noted that the zoning code doesn't address the "degree" of commerciality. Mabusth explained that to be asked for a refund of the fee is rather after-the-fact. Councilmember Grabek moved, CounciImember L. Adams seconded, to refund the $100 conditional use application fee to Steven Ruce but still have the conditional use on file and filed in the chain of title in order to protect the City against further commerciality on the property based on the low level of commercial use intended for the property. Motion, Ayes (3), Nays (0). ftti MZCBMMD RAGATS IMS OOaOI»U>IA STREET W9MIMMCM miiOUITXOR *1730* V:. Acting Mayor Frahro moved, Councilmember L. Adams seconded, to adopt Resolution #1730, A Resolution Granting a Variance to permit construction of a 770 sf deck structure of which 404 sf is to be located within the 0-75’ setback zone. Motion, Ayes (3), Nays (0). tiAMilltfG rat MAIllTEMAMCE . . ^ .w OF imZCZPAL CODE Zoning Administrator Mabusth recommended that the City contract with the Municipal Ordinance Codifiers, Inc. for one year who would provide for the first annual j^eviiion and update of the municipal code. Mabusth stated that the other option is to buy the discs and have the City's own clerical staff update the code. Mabusth noted that the Municipal Codifiers would be able to incorporate the State Statutes into the municipal code whereas the City clerical staff would not be able to without a great deal of time spent on the project. Mabusth noted that the City already has adopted 10 ordinances since the recodification of the code. Ik-- Councilmember Grabek asked if the Codifiers could give the City an evaluation throughout the year to get some idea of the cost of such a service. V Police Chief Kilbo noted that the three of those ten ordinances were the ones the Codifiers left out in the first place. Kilbo noted that those first three ordinances that were left out should be free ones from the Codifiers. £ ' • V. . mm ■ . ..r- -. -i---■sI^y ■ ;yp:.' •rr ’. ^/sry-^c>hardcover calculation HORKSHE SETBACK lOlfE: (CIRCLE ONE) 0-75'^75-^ Existing Hardcover ^w Zon e House — LY7'^<s /y5sr 250-500' 5CQ-10C0' A. LENGTH Mr - X B. Garage /?•¥ WMW"--. m teriN: » • D. SlOEHALK ■s/ i’fe:Pi P ’'S'' r ■■ i’SV; &-.- -P Sti=S:^ i E. --• Jatio /Deck i^' p • !r*- F. Landscape AREAS UNOERUIN■Y PLASTIC SHEETING t0§C0^^7^ G. Other - X v.r MIOTH c. D rivehat __----------X —L i >•5.' >9^e S.F. S.F. S.F. S.F. 3 7a'T3^S.F. ___ ^ S.F. S.F. ;>7.S.F. V7.r S.F. S.F. S.F. - S.F. S.F. S.F. S.F. >7 _ S.F. L ■'H iH £> Total Hardcover in Zone _____^ ^ _ __ ^ w w w S.F. '4-:''-V. ■ Total Property Area in Zone - r ^ ££! ] !)-3 >.r 7.1 [i] 7--T X 100 - S.F.B •.A*. % • •■ ^* . *• • . « .*♦ n 1. fi* * 'fe ,;M.--20 I >-".r.« #*:P ■' ■3 '■ .fv -i '■J| 1 1 ^■1‘>1 ■"'i .-fU, ■‘0 •> i- fj^yfflCOVER CALCULATION WORKSHEETWTIACK Z0HE= (C.RCLE ORE) 0-75' 75-250' 250-500' 500-1000' Existiiw Hahbcoveh in Zone House m ■i^|:.: •B. 6abasc 1#^"^"’''%. Dbivihat PS ■gE|«^<ss' 0.. SloeWALK m ^ -Bs, ; pfip.I®' -W«. E*TIO/m )ecic ;.4-,V P.UffOSCAPE AAIAt UNOfKUlN BY 1 . PLAtriC SHEETING Jm^- p ;-r ».# *' ^•_.iif-^G. OTHEB '.iv’f;V«.i > IK LENGTH - X Total Hardcover in Zone Total Property Area in Zone »d S.F.^ A . WIDTH ♦i 4 X m •S.F.• Km. X m ■ • S.F. X • • S.F. P* » # 1 ;: X m _ S.F.• ‘ 4 X m S.F. X S.F. • « • X m • S.F. X • S.F. w 7i •i X m _ S • F •4' %• • X m S.F. X m ^____ S.F. S:' A* X a m S • F • w ts •a X .S.F.• *%•*, • • »•M •f X ■S.F.*• S.F. »^H||A S.F> •F. [I .F. UI -f B X 100 - ipPi-* • > ( J i I 1 I ■ •! -:>! V‘ . I ■ .( ■f ■>^1 ■i ■m J •V Til M^fcl -~ P -S " / ’ * yeo ?os£!>HARDCOVK CALCULATION HOR*^ S£T3ACK ZONE: (CIRCLE CNE) 0~75L^ BaSTING IU ndcov ^in ^^ns 250-500' 50Q-10CQ' 5sT LcjYCo^ii//9 O ' pi',. If f ■ ' A. Ib3USE i'‘j f f Vf^ iiw^' 6. C a RAG c .L.is' c. D riveway .a pK'“ Sit,;®-’'‘XM: 0.. SicrwALX E. Patio / D eck ’ i! ;• - a ^ " W’i# P .Landscape AREAS underlain lY . . PLASTIC SHEETING Ml:! .■• ‘ •J «■ iii^ • msf :• !^^.7 lshsth >r iZ S’/ /£ - X - X - X WIDTH / V •/ >-r >. i' />^ Total Hardcover in Zone p.#'" P ' y^^.o s.F. S.p. S.F S.F. 3"7i S.F. I - _: 3 5^.S.F. S.F. ?‘ -1. S.F. ■/F r I ’4 ■•i1* -i S.F. S.F. /^■T f y>3 ocv 4 P 'Jj S.F. ^ ■ S.F / ’3T S.F. $•' S.F. >-7 S.F i ^5" S.F. i ) Total Property A rea in Zone * SlH£- ’K'73'TiZ— S.F. B m >r/p. V4rB X 100 :J piifes-<9-7^ ^n/y- < A. '^/ ■< M 31) « I I f Seal* 1” ^ 20* Dated Mar 1975 I.Mii = Iron Monument■■■S' # .'•t 1 * • Plat of Sur^r **2 Fa^amesa Sobdl*laloiif Lake Mien*tonka for MR* AVD MRS. LQJE CRRZ8C 4, a I herabj oartlf^r that this plat vaa prepared br »* or under jkj direct aoperrleloB mnA that I aa a reglatared. ClTll Si^iaeer and Land Sunreypr under the lana of the State of Miaaeaota* wmiaa 8. Beg* Ifo* 1342 TiS ITEM HASrnmnum.,;- p- ‘■t*. ■■ ••:,0 1 7 /Chairnan Kelley and Planning Connoission Members Mayor Peterson and City Council Cnu Men Moorser City Administrator jTaanne A. Mabusth, B-iilding 4 Zoning Administrat<^ ^ i-l April 14, 1991 ^^72€ Barbara and Jasies Olexa, 995 wildhurst Trail “■ Variances • Public Hearing iooiag Mjitalct Section 10.22, Subdivision 5 (B). Side Setback. i|S*. t; Heguired - 10* tjiiating ■ 25.0** |l^% Proposed - Variance • 5* 0** 4* 4- or 44i 2. Section 10.22, Subdivision 2. HarJcover. 0-75* setback area - 9,375 s.f. Allowed » 0 s.f. fro^ed « 0 s.f. -75-250* setback area • 13,835 s.f. ic&rj A Existing - 4,991 s.f. or 36.1% :wm:^ ^3, Adjusted Existing ■ 5,201 s.f. or 37.5% Proposed “ 5,292.58 s.f. or 38.2% Increased hardcover • 91.58 s.f. or .7% * 210 s.f. of landscape area underlain with been included in hardcover calculation. Review Exhibi Section 10.03, Subdivision 14 (C). lot Coverage. m A-Av - A § m 0>n- Allowed - 3,481.5 s.f. or 15% Existing - 2,434 s.f. or 10«5% Proposed - 2,696 s.f. or 11.6% Mo variance required sitback. ^Ple^se^no\Vpropos”ed^ *^^^'d^®^Y{eYif^?rS^Sre pj^*s^ fw*2^cJnd TReview* Exhibit K.) lilt/. M'%5 A;-:-, > ,, - Sooiag fil« #1726 April 14, 1992 Faftt 2 pv:.- ■ # " -1<. ;<■ : '. m- «r'V't List of Ixhibits A - Application „. j •B - Applicants Petition & statement of Hardships 6 findings B-1 - Addanduo Correcting Findings C - Proparty Oimers List 0 - Plat Map B - Maighbori* Acknowledgement Forms P *» Survay of Existing Improvenents Q - Staff Sketch of Proposed Improvements B - Blaaation X - Floor Plan j - Site Plan ^ . K - Sketch of Average Lakeshore Setback Line & Proposed Improvements Daacriptioa of Baquast rm , ‘I> •« Mi- The applicants seek approval of a two-phased improvement oroiact. Tha f.^rst phase involves the removal of the detached omM In th# strMt: yard and an addit:ion to the east side of the aalatlng structure consisting of a garage and covered patio. The•••••'a _ . . _ _ _ _ia fl» V 50' Theaaraaa is 20* x 23' and the covered patio is 8* x 20 fcf Addition will require a side setback variance located 5 6 at the northaast corner and as it extends southward, the addition is located 16* 4" at the southeast corner to the side lot line. Thera is excessive hardcover within the 75-250' setback area. Staff has made an adjustment by adding the 210 s.f. of hardcove resulting from landscape area underlain with plastic along the south and west side of the residence. Actual increase in hardcover is 91.58 s.f. or .7%. The following removals and additions are involved: ife: ^^^^lad garage “ 358 s.f. SidewAlk/side - 93 s.f. Sidewalk adjacent garage - 32.4 s.f. Former drive ■ 1,736 s.f. Total - 2,219.4 s.f. Additions New drive • 1,562.18 s.f. New sidewalk » 110.8 s.f. Curb cut angles ■ 18 s.f. Garage addition ■» 460 s.f. Covered patio * 160 s.f. Total « 2,310.98 s.f Net ir.crease in hardcover “ 91.58 s.f. or .7% w Staff has confirmed the hardcover of both the existing and proposed drives and confirms the hardcover areas as presented. The second phase of the application involves a proje^ three years hence. Applicants propose a second story master bedroomyears nancfie ------^ and .Dcloaed porch addition ow.r the existing 9«/n*’L^K«ofc Bacausa of tha excesses of hardcover within the 75-250 setback area, the ordinance will require approval of a hardcover variance because of ihe intensification of structure where a substandard condition exists. fe '0 A m i i V'> i toniaf April 14, 1992 fapa 3 Pindings Pleas* refer to Exhibits A, B and B-1. They are noted as ^ folloir*: ## 1.Existing garage does not meet the street setl ck standard of 10*. 2.Detached garage in this area does not conform to current development pattern for homes within this neighborhood. 4> '■ i. There is hardcover within the 0-75' setback area. The proposed addition and second story bedroom expansion will not encroach the average lalceshore setback line. The neighbor most isuaediately impacted by proposed sttbatandard side setback has approved of the application• y. taanaa for Coneideratioa Are there existing hardcover improvements that could be removed that would result ir. either no increase in hardcover or reductions in existing hardcover? Note hardcover is currently at 37.5%. 3. "^OptioBS of Action Can proposed addition be reduced in size? Are all improvements essential/ necessity? Denial of variances as proposed. m ' y,- ' . i V*-. Approval as amended by the Planning Commission. Approval of variances as proposed, OR ■i •■“v .' »■ '.f Any recommendation of approval must require that applicant Pi;provide a single survey with all proposed improvements prior to W Council's review. 4i„ ■ < K I ■' ii ;;i. I ff <l'r > ♦ r. V', •\; ft! - ': W^: '■■■ f'5’-'‘i ■ 0-»^ SliF pfe iil^' Zoning Pile #1726 May 1, 1992 Page 4 Additional Exhibit I, •> Aaiended Survey Showing Comprehensive Improvement of Property itM and Planning r .mission RectanendationAdditional The applicants advised the Planning Commission that they were unaware of the plastic boneath the landscaped area adjacent to the house and agreed to removo it. Members concurred that if 210 s.f. of existing landscape hardcover is removedr the resulting hardcover would reflect a reduction within the 75-250* setback area, setback area is amended as follows: in total hardcover Hardcover within the 0-75* 75-250* setback area * 13,835 s.f. Existing * 5,201 s.f. or 37.5% Proposed “ 5,082.58 s.f. or 36.7% Met reduction in hardcover ■» 118.42 s. f 85% The Planning Commission recommended unanimous approval of ^he variance application as proposed subject to the removal the detached garage in the street yard and removal of the landscape area underlain with plastic. The enclosed resolution has been drafted per the Planning Commission's unanimous Pit recommendation of approval. Isv ..-mM 'V r-iirwh I i t , V.' V' '' V *r • .:r *• -J.T. - ^.yr.:ir m: mrIk:. A RSSOLOTIOII 6RAMT11IG VARIAMCBS TO MDNICIPAIi IOHHIG CODE SBCTIOKS 10.22, SDBDIVISIOM 2 AND 10.24, SUBDIVISION 5 (B) FILE «172€ WHEREAS, B^rbara J. Olexa and James G. Olexa (hereinafter "the applicants") are owners of the property located at 995 Wildhurst Trail within the City of Orono (hereinafter •City") and legally described as The East 111 feet of the Southeast Quarter “yf the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23 (Certificate of Title No. 688946), Hennepin County, Minnesota (hereinafter "the property*)? and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow structural improvements consisting of a 20' x 31’ addition and the expansion of a second story addition over existing garage within the 75-250' setback area where an excess of hardcover exists proposed at 5,082.58 s.f. or 36.7% where 5,201 s.f. or 37.5% exists and where only 25% is allowed and a variance to Section 10.24, Subdivision 5 (B) to permit the addition to the east side of the residence to be located 5* 6" f^om the side lot line instead of the required 44% setbacJc variance. 10' requiring approval of a 4' 4" or NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1726. 2.The property is located in the LR-IB, Single Familv Lakeshore Residential Zoning District requiring one acre in area. 3.The Orono Planning Commission reviewed this application on April 20, 199 2, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 ........... - Vi V k.fe..V,av; •' M^- ■ ■ ms.; ^ rr-i; “t*- V. r--K V" 13'.'’*.'“'pr. vJi/' ■ u. . fA ■m-'- fe mA'A.' y, i^\:liir--^ : .?:>?.■■ -Vrr •' I -V •- :ir. %yt 5. A.The existing detached garage within the street yard does not meet the street setback standard of 10' and is located approximately 2' from the curve adjacent to the public roadway. B.The detached garage in this area does not confoon to current development pattern for homes within this neighborhood. C.There is no hardcover within the 0-75* setback area. D.The proposed addition and second story bedroom expansion will not encroach the average lakeshore setb^ rk line. E.The neighbor receiving the most impact from the proposed construction has provided a written statement approving of the application. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district? that granting the variances would not adversely affect traffic conditions^ lights air nor pose a fire hazard or other danger to neighboring property? would not merely serve as a convenience to the applicantr but is necessary to alleviate a demonstrable hardship or difficulty? is necessary to preserve a substantial property right of the applicants? and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by City staff# comments by the applicants and the effect of the variances on the health# safety and welfare of the community. Page 2 of 5 ■i y •i P. •fi 4 L C0SCLO8IOHS, ORDSR AMD COHDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Bacftlon 10*22, Subdivision 2 and Section 10.24, Subdivision 5 (B) to permit the construction of a 31' x 20* garage/porch addition to the east side of the existing residence and the expansion of a second story addition over the existing garage within the 75-250' setback area where excesses in hardcover exist and to approve a 5* side yard setback for the addition to the east lot line, subject to the following conditions: , ' *11 1.Applicant snail obtain a demolition permit at the time of application for a building permit for new construction. The detached garage must be removed within 10 days of occupancy and use of attached garage. 2. ■ I'"' mM Af^licant shall remove 210 s.f. of plastic along south and west side of residence prior to the footing inspection for proposed construction. The Building Inspector shall confirm the removal of the plastic. :ii . 3. 't V 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 withir one year of the date of Council approval, or this variance will expire on that date (Hay 11, 1993). mm Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning 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. Page 3 of 5 fC0-; .iv'. MOLltL. '■-h^Si: ■JM,.:m Adoptsd by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of May, 1992, ATTESTI i®F fei^; Dorothy M. Ha11in. City Clerk Barbara A. Peterson, Mayor Pr^porty Owner(s) W--: STATE OF MINNESOTA COUNTY OF HENNEPIN 8S. m. |i«:- : ■ :, WSils-: The foregoing instrument was acknowledged before me on thla 11th day of May, 1992, by Barbara A. Peterson & Dorothy M. Ballin« Mayor a city Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '=*- p' |W pi., «l:,- |:;vr pii liSl..: ww^m^ III*: R Sf;il^' t’.",- :]■;5r.;;l Sm l$m:^ iff viff :r.vS^V:"^ ■ tmrs--pv ■rK .. iff STATE OF MINNESOTA COtmTY OF HENNEPIN ) 8S. On this day of 199 iMiFors ®s a Notary Public within and for said county, personally nfpaarad knoifn to ne to be the person(s) described in and who executed the foregoing inatrument# and acknowledged that he (they) executed the same as his (their) free act and deed. A NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) (hi this day of 199 , before me a Notary Public within and for said County, personally appeared jkOMiifa to »e to be the personas) described in and who executed the foregoing instrunent, and acknowledged that he (they) executed the sasM as his (their) free act and deed. NOTARY Pl)6tl6 ft-’■■■■ ft'Page 5 of 5 «■lllAft"-' g&l5> >;■ . *1 S- ‘'^■ $ CXTT OTP OTWBO ” VHRIAHCB APPLICATIOH Zaitial Application Fee $175.00 (150.00 par ••.di additional variance) Vairiauca Pea $100.00 (no ebanga from original application) Varlaacm for non conforming use $200.00 i j^f^r-tji*-Fact Feea (Double application fee) #1 ary iJF or^c;iC FIH^E UfFICE 4?>• A vv ww A* V a w*^J 9ri i75.i?0 A I iTiam ilta a^«lvee Q<il^ \^V.sAJL^_t---- Pi^^pejr^y Identif. Humber (P.I.D.) H-tCEIPT-miiK YW cool RO 03/25/9s/37830 cool ROl 708:3 Attach legal description to application if not included on required survey. f' Date Property Acquired - - - - -(month/year) Z (do)(do not) also own the adjacent parcels of lane. p Py««ent use of property: ^ Soiling District_ _ _ _ _residential other(specify) fc'-. AmzcAar Name ,\or«vit5^ ^ - - - _ _ City; Phone (home) — ' -r »5‘<>'a _ _ Phene (work Zipt t-?xf >♦ft (if different than applicant) Haae _ _ _ _ _ _ _ _ _ _ _ __—-- -- Phone (home) Phone (work) :4‘•*v Address:City:_Zip: DISCRZPTZOH OF KEQUBST Estimated Construction Cost Describe request in detail: krU VqS: - - - - - ^.ao^ 0LCq«>>».^ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ '•’5L'' ki '•/ Lot Area Setback: Lot Width Front Side ^ Hardcover ___Lot Coverage Hear Average Lakeshore v:-'k' Ifpwffimrre/ppffreTPTTOm OF UNUSUAL PROPERTY COHDITIOHS i;..rrsi Jissris. -.f SS!!! . t * ^ ^ . 4 /V /7 n _ _ _ _ _ _ _ *"*—*****"''** “** ASJ _1.S-EMS-i-^ : M r>«i. ;.ir ^ - - - - -- AA!J> ;>V. _ _V>v J '♦ !} (attach additional sheets if necessary) CTTALS MXX of tba folloiilao iafox3Mti.ott ■nst be sniaaLt-tad by 111* i tba application 4#ltUna data in ordT for roxxx application to ba conaidarad cobd Iotas I. a.Coi^Iatad Application Form Cartifiad Proparty 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). _ _Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*j"xll'* for 8. reproduction ). ^Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy S^'x!!"). <» Sketches or plans of floor t elevation views (provide 1 copy 8*j"xll*). addendum to this applicatioOf please attach a separate list of any other persons you wish notified of this application. i*__.Addltlonal items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please ">er that yoor variance application is not contplete if the above ntica has not been included. WPLZCAMT'S SIGMATORE ®Ppiicant hereby agrees to provide all information required or ^e^r***®t*^ by the Zoning Administrator^ agrees to pay additional fees (staff 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 )cnowledge. Applicant's Signature ^CJ>‘V5_v LC Date I H 0-. rWIIIJ SZQU^TORB The owner hereby acJcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, *9®otSr Commission members, and Council members for purposes of invest!ga— [ tion and verification of this request. Owner's SignatursT^^Date La ^ Applicant must have all subr Is into the City offices 25 days before the ' Planning ComBd.ssion Meeting. Planning Commission Meetings are held on the third Monday of each month. J^plicants must be present at all scheduled i nwiew ■matiags of the Planning Conmission and Couacd.1* If an applicant is MMMhle to attend a scheduled meeting, please maJce arrangements to have an i aathorised agent attend in your place and to advise the Building * Zoning ^Office of this change prior to the meeting. • * V . ' ■ • ■Sif . . " ' ' ‘ ■ ■ ■ 'V%m lit* fc. m K>.'- ■m fti/" ift-pr pr >■ ! ^r:^v .Ip®""’I®. #1726 1 rmmmm and B*rb*ra Olexa have applied for a variance for their proparcy at 995 Wildhurst Trail, ^ To reaovc the detached garage which does not meet set back requirements and replace this building with an attached 20 X 31 foot garage addition to our home. This addition will be increasing our hard cover by 136.4 feet; current hardcover area being 36.IX The removal of the detached garage will make our lot and home more conforming to the flow with the homes all set back about the same, plus it will open up the exposure for 993 and 100 Wildhurst Trail. the same time we are asking for the variance to include adding a master suite over the existing attached garage. The removal of detached garage and addition of attached garage is a 1 year plan; the master suite addition is a 3 year plan. Ue would Ixke this document to represent our neighbors approval and support through their signatures. 993 Wildhurst 997 Wildhurst 999 Wildhurst 1001 Wildhurst 996 Wildhurst 1000 Wildhurst p I -i V < 'i I I I '1 .ri' Vrtsyiii X - X ... __ •Tiri..,W.:^'V^if' '•r>.u .. iV' te#fc- JMrf^172 b J«B«s and Barbara Olexa have applied fcr a variance for their property at 995 Wildhurst Trail, Orono. To remove the detached garage which does not meet set back requirements and replace this building with an attached 20 X 31 foot garage addition to our home. This addition vlll be increasing our hard cover by 136.^ feet; current hardcover area being 36.IT . The removal of the detached garage will make our lot and home more conforming to the flow with the homes all aet back about the same, plus it will open up the exposure for 993 and 100 Wildhurst Trail. At the same time we are asking for the variance to include adding a master suite over the existing attached garage. The removal of detacned garage and addition of attached garage is a 1 year plan; the master suite addition is a 3 year plan. We «K>uld like this document to represent our neighbors approval and support through their signatures. 993 Wildhurst 997 Wildhurst Wildhurst 1001 Wildhurst 99f Wildhurst 1000 Wildhurst - - - -- -■ •3 1 ■ ...J ^m;'-^r;! mi‘I'' Mm 5 '-■■!>8'' |il .'■ ■ p>? W' V'-v: i# Ms :>■( !y •-V ■•. ’y v^ '"Aflyi*- f t m [|F- PPi- f.'.-m- r‘ 'm. ’,< r«fe. '"l’'Vv- '• r ■M^ r, ■ *;r i‘ .' ./s', ' FI ;*•'•■ ■‘■.■■W’ 5^'‘ //f O -o 6 W wildhursc Trail Th« change In the hardcover Sidewalk removed (.side of house)3 X 31 Detached r.arage Apron of Garage Driveway Change New garage 20 x 31 (93) (358) (32.40) (45.02) 620. Increase 91.58 Sq Ft «';■V. i I i M i3L*-- ii- O . ■;• V- v •• -', ■ ^ r fc“** '* ' *:r^ r>;. i" Ih;. *: » .• ft :,S. ,lEf:|pl i:‘i' % r- '■' r4V. %!' & Et-r ;■■.■ '!■-. ' / ‘ •, '■ •»■• i^' r:-: u --■ Si m.n:^'-: f- I JH " . • . •*- ■* * . • ^ >:r •’ •> ' *► ♦ *-^ • .' ■ * - . • V ■-- •** .• SW.' —r\ -».• '• • • » %r:-:'-:- ...^ ' . ^'g)‘ >*v Mfc' i ,.‘ ■ ..i'’ ^ ...'-'iWi-^ir,/. Wi. -4 o:r >• <: -a ► X r o 3: -• m -0m ^ mN. -< ► I’M I S -^0-0 jr : : ^ > X ^ O at “0 *0m > s -V -< I’M in 19 9 M M M 9 O C m #9 N4 M -4 -4 « 0 t. 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N>. ——w——\ T mm~-iA '«“«i f rlitl - /rii -I ■ _ . ■•-* " /'X/ <f *Y\y ■-*•■«•-•'• i ^ 3 ^3 ' ^r ^ CJ^ 4^/V*?, - -\ ' ^ * 't »:sr — >.i“ 3 I / / " .A**t -■•■' m >■ S- ti/', 1 1 1 1 « rf- • 1 1^ / y djr'^'t'. «7 v Ji' S“ AtA *.< ^ / I. v% " ^p%-* /15-^ ^ • ¥ - A ♦' L. ? g-w a A -=-.a A'^'fms^y 1 * # 1 A I # ^ • • 6- 1;^ I (W«) ---------^ [prinx name(s)J prop«rty fI % - - --- — • Ac3cnowledgeffle^t Form of ^Og For-^t (‘^f tv^ ^ [prin** address ---------------- 4T . , .^h. D' -osed improvement or proposed ose o. tne bav« r«viw«d the plans for the p , ^ _^P referred to as Land Ose pj©j> r*. y located at Ski. ^ ^ Amilicatlon Mo* „V is acknowledgement, I am bat merely to confirm ^oposed neighbor's project or tba Improvement plans and that the p raqalres Council approval. 9p«n^ Owner Date Prope •roperty Owner Date \ I (we)^ Uw (print name(s)l Lii pplication No. _V12k»cation vcr.’ 1 («e) understand that in V^isacorotfl^of theTr%«ty or u« ir.) not aajced eTit/ Councii 'that I (we) am (»”> It merely to confirm ^ oroposed neighbor's project le Improvement plans and that tne . p iqulres Council approval. •operty Owner Date .t a. vhe* ritv in the review of It you have any information that may the Building a is Land Oae *PP,'-^°*’^^°“i,vs*Drior to the scheduled meeting date.sing Office at least 10 days prior t H ^a -9 IW»"Y * y yan M in rn // -s Oi(. /' V J • V , .-se.( V*. 1. /X ‘7 V* Iv •l 1 ■ .-TT'irv ' ^ kf |& k(' k Adjacent Property Owners' Ac3tnowledgeioent Form T)A.,.o 1. /4^k.^X tv^ of T?tA><^ I'prln;(s n V J J 4.w« «i*n« for t'le prcccsed ir.prcvement cr proposed use of the r/d' .i.= ■•> ■• ““ "•• implication No. \"\*"V>V< ri. , , , exa-::''nc this acknowledgement, I (we) am (are) not asked - Council that I (we) am (are) aware of but merely to project or us. the improvement plans and -nat -ne t' requires Council approval. Property oyher <^:-Sr^aoi^ '1/2J/92. Date property Owner Date ■ i-t.^ ------:—: , ' orinr acaressj• •» / ^ i- [print name(s) • - ♦.v.A r>ians '*0’' the prcDOsed imorove.T.ent or proposed use o* thehave reviewec the plans ^o. tne t'—?° - ^^-'erred to as Land Use property 'located at Vyj n iJ.----- .-.e..e Application No. MIL . X . *.--j •? n a*e<-utinc this acknowledgement, ^ (we)J} (we) understand wha- -n exe-as.^n's ^ _ ..u^ or use IT, “rroLlen/plVns'and'tha-- tL preposed neighbor's projec*. or us. requires Council approval. _ -7 . -?*/■ f ^ Property 0%raer rate 3- Date If yon have eny inforB.'.tion that nay assist the j"" ”raing°s u*^’'Y •>^1 A'J (H) /! Ti I o I ia ■r *. m Fr' I i»«t" Adjacent Property Owners' AcJcnowledgement Form 'n [print name(s)][print address ] I..M nvlawed the plans, lor the procosed iaprovecent or proposed use of the Q^/< /yiyJx^.. ,------ also referred to as Land Ose^r:;e” y To1.«d Implication NOe \ T I understand that in executing tnis U^) not asked to dec.a.e a^prov«l Council 'that I (we) as, (are) aware of but ■•rely to confirm for the ci-y uounc-x ^ -se^ L^ha** ♦■he orocosed neighbor s pi.ojeCw - *tba improvement plans and una . w. p t- fmqaires Coxmcil approval 3T^ / »/9^- property Own Date Property Owner Date I \ \V v . a M a __ \ c *\ [print name Os)[prir.r address] • A niars *or th« proDCsec imorovement cr proposed use of the have reviewed ^ne plans -or w-- p . . -e^^rred to as Land Use property located at av I— '®------ AppI ^ nation No. • I (w.) understand that ^>1 tfl'ofthJT (axe) not asked *=° ,5<£‘that I (we) a.i> (are) aware of butaerely to J-:^/!!4oo»ed neighbor ’s project or us-the improvement plans and w.^a- wu« , requires Council approval. Property Owner Date y I / iroperty Owner \/2<^/9'^ Date I£ you have emy information that may assist the £ hi. Lind use Application, please ’ oning office at least 10 days prior to the scheduled »ee i g ^ ■ ♦ //'ff ' . i \V ) (ii •7^t) - \ d •:^f »d jaemt ’prop«rty Oiraers' Ackao«l«dgement Fora iX ,V"^ A A<1 ’V«c!i_L_ °- ;— [prilt na=e(sTl ^ \ 'McUlVi-. ' v®T.ent cr proposed use of the kav« r«riw*«d ^i“o A.-r -r<_ "also referred to as Land Use j^ppXdcft^don No* —*t'Smwrn —------ , , J tha- -'n executing this acknowledgeaent, I (we) aa . I (we) or disapproval cf the property or use (are) not as)ced P° (-ity Council that I (we) am (are) aware of but aerely to con.xra for ty ^ neighbor's project or use the iaproveaent plans and that the p.opos requires Council approval. Fropejrty Owner/ ,\ - are Dare Jroperty Owner . . .. I (we) -* 0 •[print naine(s)][prir.r address] Uw. raviewad the f”r ^xopcruy XocAtcd At * llpplicatirn Ho. \12lL _» cr ef e rroccsed US6 of thA rred to as Land Usa a a.wa+. s n <»hfecu-'n<7 this acknowledgement, I (we) aa I (we) understand -hat -n . j,---..--oval of the property or use are) not as)ced to declare-aporova. r-r,^. i („*) am (are) aware of ,ut merely to confirm -or the -- C . - _,ichbor's project or use :be improvement plans and —a- -ne p- . ‘equires Council approval. Date frc^erty Owner -Ship 3l2^Hz Date Property Owner If you have any ^"^“'“^j^submit “"t^L^enM^ to^ the Building * a\”lVa?t“irda^ys^%Xr-f;the;^che^ed ^ing^«. jLi i i.,s« ^-17T I1 ^ing^t M o 4 H V H i^'„ f\ » ci s;.^ JL %' m: .;' ■ SfeWf- .• •»• » ^ I , '= WILDHURST "S 3ff*CXm- • £ ///. fip .. TRAIL ^•vusj Z-ZZ-9Z Sotrht t/.f« fh* f.£.i S€c.7,T/rr^ /?. -I DEMABS - GABRIEL LAND SUKVEVOKS, INC t>. - •T-t:.f l>»)>mauttv MN SSA47 F»r.ooe: (812) 55D-0D08 A* RiRvyd Dr«d Dr iq* tru ____«//-jr oarf of A/aymOf^ . 19 fi I W /w L4rri\ H»5. ^*0- 7 m -3 •; K- ___ V* l*\£kr Cw r» •/ §-' m '■ : ‘rtt,. ■ y.nt?’rfe:'.m-^'* :-:'r-i':3^, ^ - ■«•- •• • • ;« jtf• ! ■- - -.r«sj ^ I ^f - --4 /.a; 1-• *. /i (1 ;1 1 'i :- $ t ' ■) S A 3 o L. i: y \ p p J- ____i-I: - - r >t‘,' P^:- *^m^- “ .. M » # M- '% 4 tSK ‘f ji ■■- ffS:.'m^vm. W-..tm 1>"SS;' |,l, :-'-i^.*. I If'f *v iifcs ,4® \ / # .' / '■/ f r/ ». C V / / v/' r^, > ( m \ '■\ \ n •Nl’ :'i f! »v’VJfl li •«•> a kalk^la'A •! s'-i , • • j • • I 4i I -.1 % F:iS I * ■ ■ I------- ■y,'„r’ 1:v, f • r.v‘ 1 ■.•?.; 3 in >^ 1 .| r- L fn < IT' [ KMG.“T 7-“✓ C i *• v> t fO c V|r r» C ? ?. f i "4- '..i.—1= r> V p lO: i;, A Pt l:::o L P X A 1-^ L “S3 \ o i: 1 •'? . j j A r- - -y —'T'v.'r ■ . Jil iip" m: ■ i-r ;;\-o. ;' i.- • m tX* fe /^r^-' ;jf ■. W’A» —T ^D Q .'/ - 4^-. r ■ • “■ '>4:', <5 c.r» •n r !/•' !(■ f #—•iT' i / V !(•■!r iA' > • • •** .;v* f “:'r y» • ’ • *’-»'• 1 !*. V /V <A t ('J r III > (. I M'; (» A'4 ;5T -Cu ' J : ^ 4.:: -.-- - 4 / / U - -^J ______ _ -il ;:t/: # ■;•: • .Sftf '• i : •* > • . •.!■:r I ;•i 5 I I ,ft I i r, V I I 1*• * 'i I •t.r 1 I tn I 4 1 . AI'V^.A.'ti >i 'l.ftrX'l* I': I 1 mm :•/ .1^' V; 45 4 #;1 ’■•■3 ■I »> .i '% % m - •! -’h ’ ■• -■r— '*T»*TVj m-- ■*..ChairMin K«ll«y and Planning Commission Members Mayor Peterson and City Counci1 Hon Noorse# City Administrator ■f-m ^ibtet iabjeett Jeanne A. Mabusth, Building S Zoning Administt April 15, 1992 \ ^ \ V #1728 Draper and Molly Jaffray, 540 Barrett Avenue -^0^ Variance - Public Hearing ^ «»/% ^ h ■V- p;« Districts RR-IB maquirad - 2 acres Existing ■ 38,700 s.f. or .88 acresi;^":. Section 10.28, Subdivision 5 (B) - Pront street setback Varianca required for proposed addition to principal structure. - Acquired - 50* Existing - 14* 5** Proposed - 25* m»- w It “ ■ "•■ I. - 25 Pacts or 50% lot area « 38,700 s.f.* Allo«#ed - 5,805 s.f. or 15% Proposed <■ 1,887.69 s.f. or 4.3% w:';' ., ««■ ES?^ ■?, .' f- • Applicant has ligally cosd>ined Lots 19, 20 and 21. Lots 16, 17 and 18 have .>ot been coad)ined with homestead parcel. Lot coverage standards have been based on legal combination of all six lots as one homestead. Lot Coverage Facts Based Ijrea ■ 19,350 s«^. On Existing Homestead hi Allowed - 2,902.5 s.f. or 15% Met of Exhibits €ii A • Application B - Plat Nap C - Property Owners List D - Designation of Shoreland Area B - Sewer As^built Plan P - Existing Plocr Plan 6 - Neighbors* Acknowledgement Form B ** Proposed Site Plan I “ Blevation/North - -v.V- . :V' at .-y -ym y' :^i:-4'-'- ■y- > ■>• mV \ . ♦I - j~ '.•>5 ■WSoning Pil* #1728 April IS, 1992 Pag* 2Papcriptlaa of Aaggaaf:j*r:'-. ► ? hi-’ • h -Si- s'-- .:.;■•■ : ■ ■ • , k '■ ■ m .,‘5-i. Applicants propose a 20* x 22* addition to the north side of the existing residence. The addition will be two and one~half h stories. The first level will be a cwo-stall garage. As of this I wri^ ng the City has not received revised floor plans for % addx*^ion. Applicants had originally proposed a detached garage and vacation of Barrett Avenue. with the filing of the application, applicants have withdrawn the vacation and have proceeded with an addition to the existing residence (review ■xhibit I). Applicants have been ashed to subsiit floor plans for iBSnded proposal. The plan will be included in your final packet or presentsid by applicant at your meeting. As already noted above, lot coverage standards have been based on the six lot area totaling 38,700 s.f. This is an RR**1B soning district requiring two acres in area for each residential unit. The property is served with se%rer. Major access to the property will remain via Barrett Avenue but access to the proposed garage will be via the 12* alley to the east side, review Exhibit H. Because of the steep typographic lisdtation to insMdiate north of residence, the City will ask for detailed grading and drainage plans with the formal subadssion of building plans for addition. Applicants have not advised as to the future status of the existing garage adjacent to alley. This structure is in serious disrepair and applicants should be questioned as to whether it shall be removed with this proposed construction. 7t appears to currently be used for storage. Mote structure does not have doors. Although Barrett Avenue and alley function as private driveways, the City does maintain both Barrett Avenue and alley. It is staff's that the alley is maintained at least up to the M existing garage on the Jeffrey property. Review Exhibit B. The sewer "as-built” shows a sewer line nuuiing along the south lot line of Lot 16. The City Attorney's office has been asked to determine if the City has received an easement for this area of the project. If an easement has not been granted, the applicants will be asked to grant access and utility easement along the southern lot line of Lot 16. ■ardsblp Stat< Please review Exhibit A. •4 r;-.: ;a'=- * .TU . ■'.Sr k i.1 .Vi ,'-y!P^,L,iiSi,:'m-'.1^Mlfif File #1728 Jkpril IS, 1992 3-Staff CamMm Staff anst ask that any condition of approval include the following conditionss ill#'1. pKW; 2. S'V .i'V gpt^' fe3>»,;#9 - .' mm.■■r'f mm^rn 0:&i€m ,. . |®iv' .'v' ,vv& Sil«» ’-y., ;'■■“iW:!*..wi^m % ■ferns Legal coabination of the three separate parcels with the hoasstead parcel. Provide grading and drainage plans with construction plans at tiae of application for building permit. Upon resolve of sewer easement is sue, applicants may be i^ked to grant access and utility easement over sewer line adjacent to southern lot line of Lot 16. Beaoval of existing garage and based on final determination of staff, possible need for masonry wall along west side to remain because of need to support adjacent bank. .................. ytvi ‘••t; ■ .m V*;:' vi M.'?S ■m m ■ : . . . ■ : .. > ♦ I » ■ •tr * ^t I I 9 9 « M wmm r9H04.#j*j •>#1 KV > » • I tt « i • ♦ I I 99 wm "1 -’■■v;,v m ^5' i| if ■ fm 4W S;. iiSfi« WM-, C'-. pj'Cs|iL*v lias.. H*'”;.' ■. mMm . . >■ IK2P ■ ^ iii" A KBSOLOTIOa GRAHTIV6 A VARIAACI TO NDVICIPAL lOHIKG CODE 8KTI0M 10.2S, SIWDIV1810M 5 (B) PILE #172t VHERBA8# Draper M. Jaffray and Molly B. Jaffray Ouireinafter applicants") are o%mers of the property located at 540 Barrett Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 16f 17, 18, 19, 20, and 21, Bloc)c 14, Minnetonlca Bluffs, Hennepin County, Minnesota (hereinafter "the property*) i and WBBBBAS# the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 20* x 22* addition to the north side of the existing residence located 25* from the front/street lot line instead of meeting the required 50* setback. ■OH, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIHDIH6S 1. This application was reviewed as Zoning Pile #1728. 2. The property is located in the RR*1B, Rural Residential Zoning District requiring two acres in area. Combined Lots 19, 20 and 21 and separately owned Lots 16, 17, and 10 consist of 38,700 s.f. or .88 acres. 3. The Orono Planning Commission reviewed this application on April 20, 1992, and recommended approval of the proposed variance based upon the following findings: pfSi®:;- The existing structure is located 14* 5" from the street line and the proposed addition will be located 25* from the street line. Total lot area at 38,700 s.f. would allow 5,805 s.f. or 15% of lot coverage. The proposed application will result in 1,667.69 s.f. or 4.3% of lot coverage. The property is served by municipal sewer. Page 1 of 4 .*T. : \ilt p i. - I i-*v .-iil y It •) a e a 5 le le )* .f 1 \d ^ »n le le )e 5 d % D. The property does not currently have a functional* useable garage. 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 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 isersly s#rv€ 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 Cosimission, reports by City staff, comments by the applicants and the effect of the variance on the health, safety and welfare of the community. OOHCLOSKHiS, ORDBR AMD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 20* X 22* addition to the north side of the existing residence, subject to the following conditions: 1. Applicants shall obtain a demolition permit for the detached accessory garage at the time applicants obtain building permit for new construction. 2. The detached garage shall be removed within 30 ?£ the Orono Building Inspector*s final new construction. Applicant is further a new detached structure is to be rebuilt at the same location, a variance would be required. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application ® building permit within one year of the date of Council approval, or this variance will expire on that date (May 11, 1993). Page 2 of 4 ■mm■i ''i.«1 tSgMr‘uPiS^i i-'tjstr*•4.[f'V: ■f ;■ S4 ■b.. :- ■ ■lilmm.»■ ',;w ^.•=' 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdeiManor.5. The undersigned applicants have read, understood and liureby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Ninnetctji at a regular meeting held on the lltn day of May, 1992. ATTESTS V:^1 Dorothy M. Ballin, City Cleric Barbara A. Peterson, Mayor 4 % ■ pi: ..r 4'- Property Owner(s) STATE OP MIMIIESOTA COOMTY OF HEHNEPIH ss. ) The foregoing instrument was acknowledged before me on this llth day of May» 1992, by Barbara A. Peterson & Dorothy M. Ballin, Mayor i City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. WWW f ■"g p#'f # let '-rM- A- Notary Public Page 3 of 4 mmmrn ■r M 4* •f mm ■ ■ m ‘■m ■■mm * r:- mm. ■if- • dnd8 t • m 1. ;a .£wm -mi?"' ■m ./Si ii% a -P'SM ‘-ir, ' :-:y; iv-’lllisMISW STATE OF HimiBSOTA TT or BENNEPIN ) 88.)OS this day ofiMifora wm a Potar y Public wi'thin and for said county, parsonallyaoDaarad ____________________known to me to hetKp«rsonU) ^'scribad in and who executed the foregoingiastxvMnt* and acknowledged that he (they) executed the sane as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA COmiTT OF HENNEPIN mm o® ) )88. ) y:fp' m w wii day of , ..................—* before me 9e/Notary Public wltHIii and for said County, personally appeared * known to me to be the MrMnTs) deseribed in and who executed the foregoing instrument, end acknowledged that he (they) executed the same as his (their) free act and deed. mM ' ' mmm ^•v NOTARY PUBLIC ‘i *v ... Page 4 of 4 „ ■ ■' '■"'"-:VS- ' ; ■■ 'U""'"- *lil..^':»S .■^ 1-#'4, -i^x /> ’;?rv- - VMUAMCB APTLlCAnON ~ ►V ■; f'lfe 1 .', ■ 'i''. ’•r ’■ '• J. ' - ^':- :V t'-S- Initial Application Faa $^75>0Q ($50.00 par each additional variance) Ranawal Variance Fee $100.00 (no ehanpa from original application) Varianca for non conforming use $200.00 Aft^r**tha**Fact Fees (Double application fee) ju\S * .1 i ^ •),kTZOK 6irr</f L ^ - 0 :>5 Property Idantif. Humber (P.I .D.) c?,3 '31 ~CO^^ Attach legal description to application if not included on required survey. OalMPf^<’P*^^y Acquired_____tC^/^________(month/year) X also own the adjacent parcels of land./c»(6/(/'<^/ Fraarat UMof pr^>erty: X residential ____other (specify) 13b02COOOO 01 £& 175.00 CHICK 71 250,00!kI[iipt -thmk you ;iC33000 cool .901 T06:: 03/27/) Zoning Districti mlifts* f.s i'' ^ V *;• Phone (home) Hama nvA kJU( y C^ify?my_______ Phone (wor)c) Address I 54D SoYCpAI (\m€. ■_______ Citvt C^rerr\C) Zip^^5339^ (if different than applicant)Phone (hcsne) Name , (14-. ip/tk.ECKIPTIOB OF R Describe request in details ^ * *» '/io * .'ji*[ED rW Lot Area Lot Width Hardcover Lot Coverage Setbac)c s #" ■ ■ A Other (specify ■ABDSHIP/DBSCEIPTIOW of UW08UAL FROPBSTT OOMDITIOHS •:>s Descril>a undue hardship or practical difficulty and unusual property conditiqns preventino compliance with Zoning Code requirements t tn(*tan^Ab*^r\P 6 . ^ Hfs dr'iiM.UOCLuJ .- - - - - --I -----'"'4 r-'". '.■■■■'tv -..!N*S-v;-. Fi wI n ' (attach additional sheets if necessary) 9 mmartMLB All of tlw folloiiiaq infoCTatico aost be anbadttiMl by JMJ. the mpplicatioa 11— da^’e in *ffr4er for yeor application to be considered coapletet r>. i;' I, <^^;c—pleted Application Form 2« Certified Property Oimers List of o%mers within 150* (you must obtain this list frosi Hennepin County Department of Finance^ A<-603 Govt Center 34S-3271). ■-V,3. '^Plat Map (cri^tained with property owners list). 4, X Certificate o£ survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8H"xll* for reproduction). 5 » Topographic survey (existing and proposed elevations) if any changes yin existing grade are proposed (provide one copy 8H ”xll”). §# ^Sketches or plans of floor & elevation views (provide 1 copy 8i|”xll”). 7 « As an addendua to this appllcationr please attach a separate list of any other perscms you wish notified of this application. i> Additional iteas as aay be requested by City staff. Vne Applicant and Property Owner must sign this application. Please ir that year yariaace application is not if APfUCAar*8 8IGMATDRB '' ^ applicant hereby agrees to provide all information required or raqiMSted by the Zoning Adainistrator, agreei to pay additional fees (staff tiae not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information si^plied is true and correct to the best of his/her knowledge. Applicant's Signature ^ ' \a£fy^Date 3' ^ ^ szontou dPhe owner hereby ackowledges and agrees to this application and further agw£s^^^££Fssion^^sSSlS£ni?^'il^^^mi^^^members for purposes of investiga ­ tion and verification of this request. Oimer's Signature i ^ _________ Date 3^ ^ ^ .applicant must have all submittals into the City offices 25 days before the i^;‘Plawiia9 Co—ission Meeting. Planning CosMission Meetings are held on the iMlItiifedi^oaday of each month. Applicants —at be present at all acheduled Planning CQmmisslon4||^VlH^cll« If an applicant is unable to attAHa*"i Ibheduled meeting, pleasO^like arrangements to have an authorised agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. 4 4, d^- 1 1^ •v^Ji fcf»»»t rl ^ T' i<^. aLj^.,.,’• . - V.m 2 a M vv .*3V‘^ -. ""'-C >■ ‘ §t ^ • u ,Vi* '^'• *• • i*.*. j yr:- /.'f^ 'V-: (if v“* .f l\-'ic.- wft’ ^ytifb v"% IP-r*.Vk^ r%s >V 1 V . (47| «• I jQUiL ■ #172 T IS ao(x w MMMtiMOl BLUFfS JkUL 1 a ‘rt 4i ”7o»* * « "'.ii*, • ' * » K>4(^-5^‘ « ^ « N ' • I \lM ‘ ^ (III ( 1*71 * * (101 > •• i a ** " M :tl • •* $ i\t\ aa,^ *' 1 IM /I ••C l|-«'«i Pr- m- i- i . •.*./ l ;■• '•• ■ aa,.ri;?^. A.A..i;fer«3itilite^^ rr■■ I i-r ii Mi-'-9-: : *.f-- f.^:‘^''■.^^ '. 9^ . 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Q BDS^ELL, A]r 4i ■ .rrr -yr^‘- c> A ^ -z:.' *fi"' '’•'<•'.xr,. mm^w.- r^' Bi^rf- ffA m M-i il? ii.m"il- M-‘- ,2^. • "'S'* If- is?js-Is' $0 ,„te' #.0 “ ftm • sm .:: '■j&B ii# H’-., -s •; ^ ,'i-'S ;.l .IfewIr ft:*;;- I f ■ ■v^ C^y- 0- fe€'' mi I «>‘ I ' Ofc>* I V«dl \ RTlbkani Oil Roam 1 • > 1 1 • ' L- Omu 3^*Qi^ra»-v # ^)( I fhi b itiG PI d-?^ t'TOri^ Fo L U QdS^j'VA^ f var PtooR.fleoiL *l A»n *% tJ j: 4 OiCKCNSON l±:Ht(i) *»• IWBSl SIQBIfiC:aoK9ca^ 31RQ' Ov«r tor Ceftfiealion and Statanianl ol LiUMtinfl Cornlittons 0(1;. m 4 ■•&Ms :••■'■¥ :v#ja 0 *JldjAceat Property Oraers* Ackiiowledge«ent Fo e , _ *h- nlu.. for the proposed inprovement or proposed use of the " t _ _ _-I- Application Ho . I («.) understand th.t in (•re) not .sked to declare I („e) an. (are) aware of bVLt Mraly to the proposed neighbor's project or usatlia l«prova*aBt plans and that tne propo l»p^iraa Council aj^roval. r,' l*>. Froparty plpytpj -OwiAr Date 05 rh±^,i ^>z AU J 7^u0i , 9rop93tty Ownar Date r . '*. ■ • r.- - ir ’ V I (ua) (print nane(s) ][print address] h.ee reviewed the plan, for the proposed -//J^o* «“ Lanl 0« proparty locatad at --------------------------------- Application No I (we) underatand that in (are) not asked c\Vy Counc 1 (we) an. (are) aware of but Barely to confirn ^ proposed neighbor's project or use tbe iBproveBent plan, and that ’=)* « iraqoiras council approval. 3 ^ 1±7 ^8 li Iropitty fseparty Oimar V • fiTi i,: .'c .r: ■ ..A-.............. k I ;4 *.. ..- • JL.m .... v:.'MjacMt Frop«tT 0«m««’ »ekWKfl*d»nt ron 6?1 X (w«) (print n*»«(•)1 (print address! ^ ** •• -■ — * ' - ^**TlTo "r«Hr r?/tT*i» !••"<» «>•• Application VoCSvXQH VW# - I («•) uBd.r.tand th.t in ‘l"of »*’“•• (are) not asked to decide *PP^®7i Council^^that I (we) am (are) aware of r^: ”;:u.iu“Vi- requires Council approval. '- 'k 1 :s>^:.I (we)[print nane(s)l (print address! bav« r«vl«w»d the plan* for the proposed to as Land Use property located at -- --- --- - - - - - - -- Application Ho 4 W- ca^xon nv. - -j a.i«e, 4>hi« acknowledgement, I (we) ^ I (we) understand that in disapproval of the property or use j (are) not asked c'ity Council that I (we) am ‘J,but eerely to confirm for the city neighbor's project or use the leprovesient plans and that the prop requires Council approval. - - - - ^ Property Owner Date i ■■■> ■■y ^.r .‘i property Owner /■ r.u you have any *”t‘co~.n “‘to^ th^V^rd^ql jSiTn^Off?” ^^lia'aVl?VyiVrior to th. acheduled eeetin, date. 4 iipl#f >. ■ ■'/ . .. •-> ■ .'it. :i; Mjmemnt »rop«rty Ackiioifl«d9«imt Fo feI (wm) . ^ (print nam€(*)l llkpplicntion Fo (print address! cation no. --------* X (..) »nd.r.t.n<l th.t in of^Jhrpr\V«ty »“ »•• (^r.) «<rt ••»«> ;^.Tlty Coancir th.t I («e) .m <««> kttt ..rnly to confir. propos.d neighbor's project or use «k« l«ptove»ent plsns end that the p p roquixos Council approval. #/ ti J \ Fro^rty I (He) (print nane(s)l [print address! Jkpplication SoS^W , , ,„-e^ I (»•) understand that **^"“a|,*pp*otirtf^t^^ “ "•• (axa) not a.lc«i ^ <-«' •" r“*a«but •oraly to eonfirn proposed neighbor's project or use the ibproveBsnt plans and that tne pr p y^qttires Council approval. Date I"’' . ■■ Date i I* you have any "^co^!l^.l^ to " B ”wlng°« ^?B5*?«?ce* jri“a?t‘ir4a'yi*prior to the scheduled meeting date. ' * • j« a m •.;H 'i V. ■% € .i • 1 ^ rIBs"'#Acknowl«d9«eot Fora oI (wo)'mprint nano(•)1 of -?,-y) nZ(>]0 r.2j'-m-^a^[print address) fe'm . iprxn^ nw«\»« j ■* *' . »K. oroDOSed improvement or proposed use of the Iwvo reviewed the plans for AUc-- »l»° referred to as land Oee property located at- - -iSr,ir vn.-C- - Uppliention Ho. t canon nw. , . I (we) •»a*«‘*"'\'^'’*y"BvVl''or'dislpprotfl"o£^t^^^^^ »•* (arc) not aakad to declare app council that I (w®) ®® (are) aware of i“t -rely to confirm f tL p"opos*a ““the improvement plans and that the p P raqnires Cotincil approval. i)a'te/ / 5/? y/' / 3^ Date I (we) „.i~4pi... «■ «Tir .1 property located at------- --------------- " Application Nocation i«w.------ ♦'hi* *c)cnowledgement» I (we) am I (we) understand that in ***''i^ j^j,pproval of the property or use (are) not aslced City Council that I (we) ambut merely to confirm proposed neighbor’s project or use the improvement plans and that the p P requires Council approval. -7 Property owner Date Property owner Date V, If you have any “ut’comentV to^ the Building a B«i“«^*o“«l” *ri“ast‘»"4a"yi prior to the scheduled meeting date. 1 >.*:v ■■ t-t-m Mjacoit »rop*rty OwiW Ackroirt«a9*^t------.<00^-Cs^{print addr«8*l(print nam«(s)I #o»» t-h* nrooosed inprovement or propotod use of the haee reviewed the al»o referred to as Land Use property locaced et*rf^ rV^TVQ-- - - - lipplieetion No.sewe . 1 (w*) und.rtt.na that in ***'““ j^,*pp*o*^l”o£^the property ot us. (ara) not askwJ *hVcTty Council that I (w«) an <•'*’ •’*“*u^* Sriirroval-"' P“^ neighbor-, project or _ _ _^__ 1 jirmroVAl*requires Council approval. treperty owner ■0^^________________________________________ Dati ,e froperty 0%mer I (we)•V\c»iA\of *^-vo (print address](print naae(s)l hay t.vi«..a the P** property located at^tt^ShCSSi --------------- _ Jipplication No.COI^a.WAI svw. ., - I (we) undarstand that in j|,^pp*o“al"of^the'property or us. (ara) not aakad city counci 1'^that I (we) an (are) ®* but naraly to confim J proposed neighbor/, project or usethe inproven.nt plans and that the pfopo ^ ^ ^ raquiras Council approval. 'I property Owner Dat property owner - I, you have any infonsatlon that ^ t<f t^ *r“.Vt‘trda%’prior to the achedulad -eating data. Mjaeuit »xop«rty Oim«r»* *ckno»l«d9«i«>t CD[print na»«(*)l 0^ NlAA^(print address] Application No. r. caraon nw« I («.) und«.t.nd th.t in (tf.) not .shod X'cTty council that I (we) .» '.“nd%\.t prcpoa.d nei,hbor.s project ^•qairas Council approval. i.-; Property owner ■<y<I (we) C print name(s) 1 (print address] h«v, r.vi«.ed the plan* £°r the propoaed «“*Land C« p]ifOperty located at -- ■ -—- j^pplication No. ., Ju ca^xon OW. , - , I («., understand that in '« »*• (nrej not asked Council that 1 (we) am but purely to *°L*that the proposed ne.^ibor's project or usethe ipprovenent plans and that tne p p • _ _1 mv^rM^AVAX* p. « ^ m m iT~e x.nm ^- -requires Council approval.jj.-t ^ a 1 t i'f ^ o property 0%mer Date Property Owner Date 1 IV'-;. , • -■ "• . V/ -..i' Wiir i‘Mj«c«Bt Trxv^r 0«.er.- Jkekno-ledg-ent Fo Q ^■^7:1 h- (print nam€(s)l (print addre*t] |W«« the plant for the proposed to as hand Use property located at-------------------—-----— Upplleation Mo.cacxon itw. —^ ^ a.*..4. irs ii*.cuting this acknowledgement, I (we) , I (we) understand that disapproval of the property or use Cere) not asked City Council that I (we) am tl^ !UrUe.lnrp“” a“nd\hat tL proposed neichhor's project requires Council approval. Date Date Property I (we) (print name(s)l of ^^7 [4nn;/nrO^ (print address) have reviewed the plans for the proposed Use property located at —----------------------— Application No. I (we) understand that in •**'“^^|^pproval"of^the property or uae (are) not ee)ted to council that I (we) am (are) aware ofLt aer.ly to corfirm City Council the isiprovement plans and that tne prop requiras Council approval. /• Property Owner rr jLs Date Date « you have any “"t'cc^en^''to "th“ Bu7w toL“nS“«?” jrie»t ir4a%*p%ior to the echeduled -eetin, date. '.•iUifijVr W^y-7-^,:. V.- fA •’V- .lJ yi 4604682 Wtf ftm i»f6-s tMt ^ r-w y > •» ^itM vttsstai t'ti Of9m, • *«fiuiL _____ « pMty •# 6M >»#ni ^r«7 . H»U«t if ttl" •fi oji6«r tli« i«M ••Um ?—.P*M.»r I— MM f«n» «• tMB in «M jgMayi&airggjyijy.g«??;««»« «m t\tiUm M’^ss.str"** ”*>'sssitresid «• MMk filtMn »•« •« U« IS. IIM* 14. HlMinton,, SiSsr&*a*s!V!rL ^??»!!!!??*?# •^JSSXuU'iJrfRti^L '—riM ^ IJTn"****"* •* **1»Mi^ U*irMii*'^S2'SI^ «**^**^*"'*J^*****»*J»»*w •vitfa«« Mil With •mm MM fM M. Mmm. mmt•«M.MM.4mm. it?J!!.S.i;,*S!J*.“rn:f*;i"‘:2; *• “« m. •f*y ^ ,%• lit liMM M M«r« >l9 •—Mt< •• «MM'Mm Ut'lMMMr* »*•» w %6lgl M JTAWX w. — ^ 6»»*«lt *U%. . _ ®C3TH0B?lICJf# XAU/HATt A D6TY Iw-lJll ®*"**f' NlnM«etA is«02* ^G>Hxi. i' IV*' 1 ' !> Vr/ * • 4 Vv ; r«r m. A* i / 4 * •. v-% <r V-.'4^ ’*■'iV '. f>’ ('• *'. ?«- •<r. 'V :>v V; ''v ’: S»5'-?® ; ’i .'^ >. f -1 f-- t/» 'C [<*• if f V- • .<iv.*: • • •• .*• •• r *••Caiairnan Itelley and Planning Coimnission Maabers Mayor Paterson and City Council Ron Noorsa, City Administrator Joanna A. Mabusth, Building k Zoning Adminfflljij^or April 15, 1992 ^>V M^jaett #1730 Crag Malik, 3060 Sixth Avenue Nor Preliminary Subdivision - Public Hearing ai'wi4 w^fy Diatrictt RR*“1B, Rural Residential Zoning Dist acre minimum Vartiaant Ordlmaaoas * ty |w Section 11.03, Definition 66 (B) - Class II Subdivision. Application involves two buildable lots, dedication of ^li^ainaga and utility easements and dedication of County right-of “Way. Class II subdivision shall be in the form of a plat. Section 10.20 - RR-IB, Single family rural residential district standards. Total lot area - 6.04 acres IiOt 1 ■ 3.46 acres (.62 wet, 2.04 dry) Lot 2-2 acres dry , j Outlet A to serve as shared drive for Lots 1 and 2, List of Exhibits iVvrf,Mmt _r A ~ Application B - Property Owners List C - Plat Map D * Meckman Nea^ E - Septic Plan - Lot 2 P • Septic Plan - Lot 1 G - Preliminary Plan it I-ri i Bsqnest I m ■, mi M :: iff The applicant proposes a two-lot division of t^e former KKsiA' rpsiiwu K4im'aisf.4V\rjK west. The County stores trees and cuts ^h®se trees on *i^® firewood. Both lots will achieve access via Outlet A. Each lot meets the required width of 200* at the 50* setback line. 9 '■t^ %, t-7' .liisS IE' r-T.;|b, *i-' M \ ■ •f* I- Tf <-t0m^‘ Hf- Zoning File *1730 April 15, 1992 Page 2 Bennepin County Department of Transportation has been asked to review the proposed subdivision. Their written report has not been received as of this writing but staff has been in contact with the inspection staff to confirm that they have approved the relocation of the shared drive and ask that the existing drive be resnved at the tisM of the installation of the shared drive. The County will not approve two curb cuts to this property. Fleaae review Exhibits D, B, and F. Both staff and the on-* site evaluator were advised that the existing house on Lot 2 was to be raaK>ved upon final plat approval. Septic testing has been baaed on the reeoval of the existing wells on the site. Staff has since been advised by applicant that he plans to live in the existing residence during the construction of a new residence on Lot 1« Beview Exhibit E, the shared drive. Outlot A, encroaches the existing septic system that serves the residence on Lot 2. Malik has advised staff that he would extend the existing drive serving Lot 2 to the north lot line providing temporary access to the building site. If it is the applicant's intent to sell the existing house with Lot 2, at the time of the construction of the shared drive applicant must abandon the existing septic system and advise how future buyer is to be advised of need for new septic system and well. Applicant must provide direction to the City concerning his future plans for the existing residence on lot 2. His options are as follows: A.Prior to final plat approval, remove existing residence and abandon two wells on property and sell as undeveloped lot. B.Tesg>orary use of existing residence during construction of new residence on Lot 1 or if existing residence to remain on Lot 2 and to be sold as is. The City will require a Developer's Agreement and Letter of Credit ensuring installation of shared drive and abandonment of two wells on Lot 2 at the time of the issuance of a Certificate of Occupancy for the new construction. Aj^^licant must provide written documentation to be ed on Chain of Title advising future buyer of Lot 2 that existing structure is not legally habitable and of the need to either remove said structure or provide new %rell and septic system to serve existing residence. P,v, •'1 •l-uf ""aiM;-- , •toiiiag Pile #1730 April IS, 1992 Page 3 It should also be noted taat the existing residence does not ■set required 30* setback frosi east lot line and is shown at 25 . Any future expansion to the north side of existing residence would require City approval. As the City has no standards for pi»^Yiire driveway outlets# out lot could be redesignated to a 25 width and structure would »eet the required side yard setback of Staff KaeoaMBdatic-. To approve the Class II subdivision application of Greg If^Xik for the property located at 3060 Sixth Avenue North finding that all standards of the RR-IB zoning district and on- pire septic code have been satisfied# subject to the following conditions t 1.Applicant to execute a Flowage and Conservation over designated wetland within northern portions of Lot 1. 2.Dedication of drainage and utility easements 10' along the perimeter property line and 5* along shared lot line. 3#Plication of right-of-way for County Road 6. The City to limit dedication to 40*. The County will ask for a 50' dedication. 4. * K* Based on applicant's determinations regarding status of existing residence structure on Lot 2# the City will ask for a Developer's Agreement and Letter of Credit to ensure that required improvements are completed. 5.Although the City has no setback standards for driveways adjacent to lot lines# the City will ask that the actual traveled drive stay as close to the %festern boundaries of the road outlet. 6. Itej ■. Applicant to resolve location of pipe and spigot placed to west side of east lot line of Outlet A. pi^operty owner is responsible# then owner should be allowed to relocate within his property. The outlet pipe is located within road outlet and may create problems during construction of private drive. K3 i®|- '.'K- mm !&'<>, «r^-V ■te- .1-': >-fe^ ' •■ ■ iiT 0"" I'l- .S'. I??;#®'Kp:« Hi'- ‘i'-'H'U'.i m. 4s:s fe. ■■-. *V‘‘ ;--V ■■■' '■^' f '.: Soiling File #1730 ftoy €r 1992 Fmge 4 Idditlooel Bichibit B - Hennepin County DOT Report, April 14, 1992 Addltionel ts The epplicent advised the Planning Commission that he intended to reside in the existing residence on Lot 2 while his new hosie was being constructed on Lot 1. It was also his intention to use the existing drive as access to the building ■ite. Nhen ai^licant advised that he planned to sell Lot 2 with the eidlsting residence as is. Planning Commission members stated that the house could not remain on the property without a coaforaing septic system and well because structure could remain in this condition for an indefinite period of time and a potential candidate for hazardous building action. Applicant appeared to have accepted the Planning Commission's directive. la a recent «>nversation with Mr. Malik, he advised that the site evaluator confinsed the alternate site in street yard could be extended so that 75* separation is maintained. Malik also advised that he would like the option of selling Lot 2 with residence. Staff advised that a conforming ..eptic system %rould have to be installed by a specified deadline. Staff recossMnds new septic installation either at time of abandonment of existing septic system or within 60 days of the issuance of a Certificate of Occupancy for new residence. Council must specify deadline for septic installation in order to complete resolution (review Condition #1 of resolution). It should be noted that if the ai^licant provides the existing reuidence with a conforming on ­ site septic system and on-site well, the City would have no legal authority to require the removal of the existing residence. Planning Coand.ssiofi Eeconmendation To approve the Class II subdivision application of Greg Malik for the property located at 3060 Sixth Avenue North finding that all standards of the RR-IB zoning district and on-site septic code have been satisfied. The Planning Comnission adopted the staff conditions of approval 1 through 6 omitting #5 for at the time there was no need to grant variance setbacks for the existing structure on Lot 2 as structure was to be removed. The prelimiMry approval conditions will include the request of the City to have the shared driveway installed in the most western portion of Outlot A. The enclosed resolution has been drafted per the Planning I's reconoiendation of approval except for the issue of the existing residence. Staff has added the condition that applicant must install a conforming septic system that meets required separation setback of 75' from existing well. Council must determine deadline for installation of septic system. t-'^ 4 ■fw ix . - - 'tvi ,«i.^'? A U8OLOTX0H 6RAMTHK pmLmnMT appioval op a 2-LOfr PLAT LOCATED AT 30€0 SIXTB AVBUS MORTB PIU *0. 1730 'f0- immASr Gr«g Malik (herainafter "the applicant") on March 30, 1M2 filod a foraal aubdivision application with the City for approval o£ tifo^lok raaidantial plat of property legally described as follows: Refer to Exhibit A, (hereinafter "the property"); and WISRXAS, after due published and mailtsl notice in accordance with Ninaesota Statues 462.358 et. seq. and the City of Orono Zoning and tr4airtii Codes# the Orcno Planning Cosusission held a public hearing or April 20# 1092 at which time «11 persons desiring to be heard concerning thio epplicatlon were given the opportunity to spea)c thereon; and B- VURBAS# at their regular meeting held on May 11# 1992 the Orono City Council considered the subdivision application of Greg Malik# noting ym the following findings of fact: 1. ■ yAa property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 6.04 acres and .62 acres is designated wetland area. m 2. I The proposed plat contains two lots each meeting the required two acres of dry contiguous area within each lot as follows: f-M. W' 'M:iB'Lot I « 2.84 acres Lot 2 - 2.00 acres Ift. 3. 'ty-. Hennepin County# in a report dated April 14, 1992# location of. a new curb cut for a future shared drive that wirx serve as a single access to both residential lots. 'fe' ^terR|4: 4. t? ■■ : 'i Bach of the lots has been found to have suitable area for both principal and alternate on-site sewage treatment sytems per a report by S. MeckP\an dated April 14, 1992. Page 1 of 4 '.I- ■on 4 M M -r-i M;.. ■OWf THEUFOEK BS IT RESOLVBD, that based upon one or more of the findings noted above* the City Council of the City of Orono hereby approves tBe prelisd.nary plat application of Greg Malik for the property located at 30€0 Sixth Avenue North per survey dated April 7, 1992 by Nark S. Gronberg Of Coffin and Gronberg* Inc.* subject to the following conditions: 1. ite'. 2. 3. M: B:'- fe iifc- ^ i. '• *»,v - * ^ a?' Applicant shall retain residence structure and accessory structure on Lot 2. The existing septic system that serves residence shall be abandoned at the time of shared drive construction. Applicant shall install a conforming septic system on Lot 2 specify deadline for installation Applicant shall be allowed to use the existing driveway that serves residence on Lot 2 during the constructior. of the new residence on Lot 1. Upon the issuance of a temporary Certificate of Occupancy for new residence on Lot 1* applicant shall have 10 days to install shared drive within Out lot A and abandon existing septic system. Applicant is further asked to install shared drive as close to the western boundaries of Outlot A in order to ■inimize impact of shared drive upon existing residential development along east lot line. The existing drive serving residence on Lot 2 shall be removed and ground cover restored at the time the shared drive is installed. At the time of final plat approval the applicant shall execute a Developer's Agreement in order to ensure the following isq;>rovement8 are completed: a.Installation of shared drive within Outlot A and the abandonment of existing septic system that serves existing residence on Lot 2. b.Existing drive that serves residence on Lot 2 to be resioved and ground cover restored. c.Installation of new septic system to serve residence on Lot 2. Page 2 of 4 I tm ■' r >1^ . .. . 0 f' li 0 :VjV- FINAL PLAT SUBMITTALS The following list of final submittals mui,t be submitted to the Zoning Jldministrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month; m mm'--z.r : -•! ■•■ ■ •* 'v •t^ 70 v;-#'' <ir # '<’M- t. %• ..U-^ •■w ■Fr-';^ - -V -*.V4 < V.life ■00J.. . iP:%:, 1. RFCORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to l"-200'. Drawing to include: a. Lot lines platted per preliminary survey. b.O^ication of drainage easements jver designated wetland in north%#est portion of Lot 1. c.Dedication of 40* of right-of-way for County Road 6. Dedication of drainage and utility easements 10* wide along all perimeter property lines and 5* each side of internal property lines except omit at designated wetland area. 2. LEGAL DOCUMENTS required: a.Title opinion addressed to *:he City. All owners# mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b.The applicant must provide certified copies of all recorded easements currently affecting the property. c.Signed and executed Flowage 4 Conservation Easement over the designated wetland (refer to sample enclosed). Legal description can be written as follows: Sho%m as drainage easements on the plat# ( plat name )# Hennepin County# Minnesota d.Signed and executed Developer's Agreement and Letter of Credit for the completion of the required improvements. Samples have been enclosed for your review and execution. 3.FEES a. TO BE PAID: Pinal plat fee Total Due $175.00 $375.00* Page 3 of 4 •i i ■-M 1 .*>31 V- •• . 4 -! b. c« L«gal review and filing fees » $200.0) Perk Dedication Fee* The Park Commission shall review two-lot /lubdivision to determine if portions of the land would be suitable for acquisition by City for park or trail use. If the City has no interest in acquiring lands* the City will ask for a cash payment in lieu of land. At that point the property will be referred to the City Assessor to determine the value of the undeveloped land. The Park Dedication Fee would be based on the value of 8% oC the undeveloped land. Please contact John Gerhardson (473-7357) for information pertaining to the scheduling of your application before the Park Commission. Park fees must be paid at the time of the filing of the final plat. Applicant is hereby advised that preliminary subdivision approval •ball expire in one year from the date of Council's approval of the preliminary plat (May 11* 1993). A^'jpted by the City Council of the City of Orono* Minnesota at a regular meeting held this 11th day of May* 1992. ATTBSTs Barbara A. Peterson* Mayor Dorothy M. Hallin* City Clerk STATE OF MINNESOTA ) COONTY OP )8S. (NBPIN ) The foregoing instrument was acknowledged before me on this lit!', day of May^ 1992# Barbara A. Peterson & Dorothy M. Hallin* Mayor a City of the City of Orono# a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ..a. V; pi':K'?|‘P#'‘b;tn.A W<‘ ieS’I.v=-- iivP&-'' ■ ii. ' Wiil pS SM” I.v-^ r „4 i^;:- EXHIBIT A Existing L«gal Description That part of the Northwest quarter of the Southwest quarter of Section 2it township 118 North, Range 23 West of the Sth Principal Meridian, described as follows: Beginning at a point in the North line of said Northwest quarter of the Southwest quarter distant 750.00 feet east from the North­ west corner thereof; t ncc south parcllel with the west line of said Northwest of the Southwest quarter to the centerline of County Road No. 6; thence easterly along said centerline to the west line of the East 200.00 feet of said Northwest quarter of the Southwest quarter; thence north on said west line to the south line of the North 648 feet of said Northwest quarter of the Southwest quarter; thence west along said south line to the east line of the West 1022.70 feet of said Northwest quarter of the South­ west quarter; thence north along said east line to the north line of said Northwest quarter of the Southwest quarter; thcncc west along said north line to the point of beginning. V- L- I i1 1 •■•id 3 V ■* 1 tS Vv 'Jmm t. It ^JL *9 Xsffmjmaaatart m ammo - mmom flU ci ^tioh/u / ■'• <‘J ^»>' ‘ r i •i——i—-iA—^ ■....^ /73 oiit« ^/y£ ------------------- Pipop^s^y X4sii^^£l.cA^i>on Hu®b#r (P»I»D«) ^^ )^ abstract or ___ fi- ^X mm eliack ooa - Proparty torrens? la^l dascriptlon to application Phone <hone) Addresss _ Phone fvorlc) .^4^S /^ (If different than applicant) ^ j). r7iMi/sa<J Phone (hone) Phone (work) „r«s*> -w«-y j^/y^j^/f/y'ci.t.^i (etteeh ixsilt eore than one) Zipt manber of Tax Parcels Dewelopeent Size / i A TSl Present Use (check) lif t Of OfiOHO Fl^AHu OFFICE 1S502000CO Oi OEH 425.00 425.00 Residential? no. of -----------^75,^ Acres Dry Land Acres Wet Land i Acres Total, all parcels I u I f..* Other (specify) iJ/X/'- Tim-YOU ^vfV- -'r ki-S''!I Present Zoning District i-- •>, M' ■ ;4.' im £¥>- v4>:“ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites ■i Number of Building Sites:/ A Existing Units New Units Total Units ■*i •i w- Proposed Gross Density: Minimum Lot Sizes Proposed Use s (check) Units per Acres Sq Feet Dry Buildable Land . a ' Residential Other (specify) i7 Oii ' . 4. I?. mxjo. WCTMMnr wm ocNFumi fuo^zimmT applightiovCM|DZ#^#d JlpolitCa^oD Fon^•XiBiBAjryFIat InfonAtion on Certificate of Survey.Certified Property Owners List of owners within 350* (you nust obtain tills list froei Hennepin County Deperteent of Finance A-603 Govt Center 34S*3271j. Bs SB MldenduB to this application# please attach a separate list of eap other persons yon wish notified of this application. :Cirtifieetion by Soaing Departnent that Preliainary Plat Application is I^Miplete. fling Official's Signature_____________________________ Date __________ m*a. fc** is. Fayaent of fees (park fees# filing fee# sewer and water assessments)• iifBod Certificate of Survey or mylar copies of formal plat, title opinion. ■asesMatSt Covenants# etc. Developers hgrsament and Letter of Credit. Certiflention by Zoning Department that Pinal Plat Application is complete, fling Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ r 'te 1"'W.. Sp- f, -■ -. Sketch Plan Beview (class I# ll « ill) Subdivision of a Lot Line Rearrang«nent Preliminary Review (Class I t II Subdivision) Preliminary Review (class III & all non-residential) $200.00 300.00 300.00 325.00 + 25.00/Lot Pinal Plat Review (Class III) *(Plus any legal or engineering charges) 175.00 Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 150.00 100.00 the applicant hereby agrees to provide all information required or reguested by the zoning Administrator# City Engineer# City Attorney# Rlenaing Ceesd.ssion and Council necessary to process this application and ItVrtlMnr agrees to pay all additional fees established by ordinance. Applicant's Signature Date iMiw's Signature Date hjMlieant must have all submittals into the City offices 2S days before the PXailBiBg ComadLssion Meeting. Planning Commission Meetings are held on the phifd Monday of each month. Applicants must be present at all scheduled Pmview meetings of the Planning Commission and Council. If an applicant is pliable to attend a scheduled meeting# please make arrangements to have an hatbarised agent attend in your place and to advise the Building fi Zoning oe of this change prior to the meeting. ' ^ 1 niTiari .a 1 f f jjifilUO/li118 ai fZXSS1^ ^ 9SX iilSi Hi5 5 S 5 assess:3 s ^sssffmaacaaseB -----------3rrrstS3S23s: z ■ x s xzzizz zz 1 888 /nsjgzK^wMif^mmmmm^mm "Q%Qa^^SKt«t 88n888»8*r^iiiimiitiiiniiimii ilHiiiiiilliilfiiiiiaiMiiliiiilillW^ z z s z^zsz-m ->4 Q ? 3 9881 888'« 2555 3 5 2'*• ^ i ^ Ilia!! 81888 III l^liidl liJiSI iill&iii iiiiiiiii^iiiijii2ii|iiill^iUij niiiii!!!iHi!ih!!!!i!H!n!!!!!! 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M ••m W cJ IM* W« W V 588££ a a a t ii n li K i I SI Hi as a 3sa«« «!!!* * mm 8^ «oi «a «p> jaaaa|*555£*!! tJ ri h: k;zimi\m%umuuum-mmu ZmmZm-a a a ti r: r V t: fc 8888|488888|8 ; 88^88:s;q a? aaa .‘i ^ t a 3 3 5*aaaat rj a a t: fc 1 ^ * 0^ kIPi «= 1!^ A • 1 ««* I Q: t 1 I V 'I1 1 .^5^ h ,i-r Is rf' ^ r\ i- ’ ': ?- ■ 1- v-?''?v''- V-'rS:yr']i ■. : ■ } ~ f r:--- 'i ";1 ;■•:''i '' \ . .■.r,r-. s*:;’: '^r fc. -■''V" ■J !' If " ■ ■■ifM Ni"fe tot Jeanne A. Mabuath, Zoning Administrator Stephen weckman, On-Site Systems Manager Oat«t April 14, 1992 8ab^«ets Subdivision #1730, Gregg D. Malik - Septic Review I have reviewed the existing and proposed septic system information for this property and would make the following mts. LOT 1 Soil testing and design has been completed for a five bedroom home. Both primary and alternate drainfield sites are mounds and meet all setbacks. The alternate mound site, however, is on a 7% slope which requies a variance from the septic code end an interceptor drain is recommended to divert up-slope drainage. The soil testing and system design have been approved for both sites. LOT 2 The existing septic system consists of two septic tanks with unknown volume and a small drainfield also of unknown size. The septic system was inspected on April 13, 1992 with the septic report indicating that the drainfield was saturated and discharging slightly to the surface and the septic tanks required pumping. The sys’-em is not considered to be failing at this time# ho%rever it has a high potential for future failure. Soil testing and septic design have been completed for this lot indicating primary and alternate drainfield sites for a new five bedroom residence. Both septic sites for Lot 2 have been eonditionally approved if the two existing wells in this parcel are abandoned. An old well currently not in use must be properly abandoned now and the «rell serving the existing residence must be abandoned prior to the issuance of a building permit. 'V ■ -h it' Access to Lot 1 via Outlet A encroaches over a large portion of the existing drainfield. When the access road is constructed through Outlot A# the existing septic system must be abandoned. The existing residence may be occupied if soil testing is approved indicating two available septic sites for the existing residence. r A-; SOMMAIiy - r. ' Based on the above information, I would recommend approval of the proposed subdivision provided that the existing septic system in Lot 2 be abandoned when the access road Outlot A is constructed and that both existing wells in Lot 2 be abandoned prior to the issuance of a building permit for Lot 2. a 1 ■:? 3 .41 ’-• ,l»« ■ I • ■ I , M:- r < V :<'. ■ ts^•^i' L«^«/ t“ ssa W. ^>. - ■ _#rV •:.^\ 0. 'ft- ; liS-' : = •1,:'vt ?:*• 1 k*; J. ' *..>■ •> ®--‘ r..^ i'-. P--‘ |imr. •., ■ w:' toi'■' .•>># ■-* •. • 1'4: iI*V ». Vi/ * "i.Kvi *>• >? ^j| Vl*4•f?.* .<*.r feai-:. s >> I *..rfi ilKy? ‘ *i‘'4k: t . . ,. ■ .;-. 1 1m -V • ••7-3S8* ,tll 7. ^ * O^A r.>* \ i» r ^1 f L.i.jl f7^;-*^r ' |l' ^'C i) I tfi ^ r *' K — •>M .1^ * • / ; II f B^i i •*: ■ ■■^^ >' I ,*» I* t« i !i *.i :i :r •^-1 •. '< ■ 2 ■“■'S v* . • iSf" ■ *S ■ mc^m ’■ te: te?'!-:^ S: ips,, li $Mmtliii plipi ftl- iii" Mm. m^m p«s- W- M!4a4S'-'-^ ' 'ifJSr-v ■ Wfedm ,:-V: ::> ■:1 V s 'i n ,v i ■’i ■:. ■'v ;i Si ' T>.*: ^ili'L '% .# tf ■iltrm n ,i , /:;? ,V i .*♦ -.ir^.'u.; •V’V.iif '*'«:••* ♦•lllijiijgjiii ■ d .. :--f. i* «f *■ fX -•Hfe. X Ita 'A if' ■St- m^-^' # * ■ "v ■-^m- ■' gt. *r'' '**f .f W^ "' vl-0'i. . V#' '■ASSr . ^ ' • ‘'^-- - 'jy ■•■■■• i.. -V^ };v. - ■'4 TT IPfc K fes'irtip^.. -V''4i-;vaL. ^ •• ^ _ « • 2 lii »■ •—• # rtw : 5;:rh|llt8|j!-i* I:|f.:!M|i:|!;|*J .• ‘'I4 A > 4.i( Xx - 4*“ -.:__—.■rjiAa <iMr.>'wairL. ' mi..»V'->-// > h--- Bl#"HENNEPIN DEPARTMENT OF PUBUC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONi: (612)930-2500 FAX (612)930-2513 TDD: (612) 930-2696 - ^ L L3 L= L=& u _i April U, 1992 APR 1 7 1932 Ms. Jtanns Msbusth funding and Zoning Adalnistrator City of Orono 9.0. lox 66 CrytUI isy, m 99323 Poor Hs. Nobustn AC:Proposod Subdivision - Gregg 0. Malik Subdivision CSAH 6 - North side, approx. 200* west of County Road 201 (Hoaestead Trail) Section 28, Township 118, Range 23 Hennspin County Plat No. 1986 Ravi tv and Rteoaaendatlons .T Hlnnasota Statutes 909.02 and 909.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and sake the following coaatnts: Pll'- '-■r' * to provide enough right of way under existing rural design standards for future laproveeents to CSAH 6 the developer should dedicate an additional 10' of right of way Baking the right of way 90' from the center of CSAH 6. wIf The existing driveway can continue to serve the existing house on Lot 2 until the house Is reooved then all access to Lots 1 and 2 must be via a shared driveway within Outlet A. No other access froa this site to CSAH 6 will be peraltt^ by Hennepin County. • Ahy epproved Hennepin County entance permit before beginning any construction. new access to a county road or a revision to an existing access requires unty entanci Contact our Permit Section at 930>2948 for entrance permit forms All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This Includes, but Is not llBited to, draln^je and utility construction, trail development, and landscaping. Contact our Permits Section at 930-2990 for utility permit forms. *• The developer mist restore all areas disturbed during construction within County right of way. Pleese direct any response or questions to Les Weigelt, rely. ennis L. Hansen, P.E. Transportation Planning Engineer W^pLH/LDW:lw s-v:"-/ " vv -V. -t HENNEPIN COUNTY on equal opportunlly employer Mmkmrnm " f K ‘ ti 1 I \ 1 i 4 0 . r vy V- i«ii ii ^ ‘ ""1 \i to :"»Vr i TO: raOH: MTB: Ron Moorse, City Adrainistrator John R. Gerhardson, Public Works Director May 7, 1992 ^45<55fo imJBCT: Pay Request #1 - Water Tower fc''; Attached for review and approval is pay request tl for the water tower project. •I.;. The work to date has been completed accordinq to specifications and 1 recommend payment. M ». V- >■ j ^ • vV. 'U', ■■ I-*"' "C . .■ - m \4 ' .‘i* -■,# ■Cy y'r-^ fe:W' 0^ • • '1 .1 ■->■ •: ■ %«/w A' a ' O' Ckf flf Ow^ MM >to»n Hd 1FO IflK 6>, Oyml,ssm ums^vn Na. 1 m-Drn MoiMi. toft, FO IFW. D«t Moket, lA I / ■{. 1USC< JriST IT ^ FA” v.- NT 4QC,l300 G ' Hi^ ' j f4 WMer Storr Ttttk FUe Na U954 fUmiARY i Vtow CoitoiMi^ to lliliflal Oft HM4 S% Sito*1tooi 10 Lmi Aaoiial Fiid Freviouily g - U AMOUhrr OUl this request for payment no ISOXX) OjOO <m29 HmTs OjQO Vrij''. ,■':C' I ■ r-A : A'' rv.^r- ■UK R ASKXUTOSk INC i'. ffIT DC. Approved byanr of omono, mn - . V ti ■ ■ '•*» ^ . A • w'- ■■■■ >■■. r^Kf;v'f;;;;. UpocMiri!. Coftlrtct CoftipkrinB Date: ItovniMBi 3a 19C Dace: \,.'r.1' ItoSiRiT ssai&oo Hm?s 1 ,1 h \ T'^ T r7=^.sy. —"y^ur.V «fe;''^ ^ -"’ Vv; e.^ «•* pktoi foMdite pSi«laOB Jiii Jf tJii'4's 4a;: ■AM SOjOO 94^l3a7S K954^m,• will id IH13Q-7S Afi54J5 Ofi^Ml Coatrac t S99fi$5JOO Ordm fUviicd Coatract S59Silft til I V4„ j'RP-3 '.V, •.Ai y‘, •; " -k. »-t-.^.^v..^ .k^, ...tirif^ t Jidii* —__iw''*«! L%4 -jjiMMk '■rn^Mk "'*• '£^§4 - :0 fe-. . r;' Hit"' 4li:& mm. £4 I r^..^. - : - t a » 4 J i IF Ik^^- s %d::. i§&»s & Ui XJ LS U u LS LS LS LS U LS LS U LF LF lii^ -. •■IS- .' ,’Vt>. '-v“' r *-'. JUT - v*:^' -* . -RP-1 m 1 1 1 1 1 1 1 I 1 1 1 1 IM t lf» »5,< i6.moo ' I If I • »III I f I III I SS490i» 3L400J» 4»l 19L( 113,900^ 73,30000 TOfiOOM MOOOO 2400i» IS9USO00 2000 ADO 100 DEDUCT 3,000^ ? u ;X 1 '•2 I 95% 50% 30% '•J -Vi •V“ .■^* $99,0I5. M 4^ m- mm li ■O-i■^1 ■1 Trft rr I All I'l hi iMir-V 'niiiii- ....:^MKm: » * f ^ Uiv^ ti/LF LF (10)SIOOO (10)(IfiOflO) £A 1 I1004»1 --------UByQO. laoo I wfi > lit I iSv''.rvi V Wbrk Coi^rfrtad 10 DM ooo iUIL. :V^^^^l♦ %ft» J'-: li;'-';:; fepe”’' ■1^ ■ #■- ^. ■■ f>-.vV:^t*^ kiSfe P: ■ ■ •%l '/• 0$m.fel «e%: RP-2 1 i„- s.-/j V Nji! ' ■ t.VU ; ;■ ‘i-xv-n- ■ v>X Si.. %# f@n ''t • . >r^'- If4' 'V. m-'fe. ?•' V ^. .t':'' ■ in, .Vhp^'; » j.M’;',iV- ■ TO: raoMt D*TI: 80BJBCT Ron Moors*, City Adninistrator Ton Ku«hn, Finance Directorate May 5, 1992 Golf Course Liquor Liability - Insurance Award /( ' /■’*Q ISSUE - Adoption of award recommendat ion for renewal of liquor liability insurance coverage effective April 1, 1992. Discussion The liquor liability insurance coverage for the Orono Coll dours* has a policy year from April 1 to March 31. This coverage has been with the St. Paul Company. The actual expense for 1991 was $1,375. The renewal premium for 1992 is $1,375, which is under the 1992 budget amount of $1,400. RECOMMENDATlow - It is recommended that the Orono Golf Course liquor liability insurance be renewed with the St. Paul Insurance Cosqieoy with coverage effective April 1, 1992 at a premium cost Of $1,375. PROPOSED MOTION - Moved by seconded by to award the City of Orono Golf Course liquor liability insurance coverage for the policy year April 1, 1992 through March 31, 1992 to the St. Paul Insurance Company at a premium of $1,375. Ayes , Nays M ' >r- ■ ■ ■ ■J i •rr:'AI;-:' :>; -;'^ :vi. ‘ "M:rfe- ■■Ip ■•^^- p-OATS TO: SUBJECT: May 6, 1992 Aon Noorsn, City Administrator Stava Sullivan, Chief of Police Police Internship Application Ho bnva racaivad an application from Ryan Franzen to participate in • 150 hour internship for collage credit through Morsandala rnninltj Collage by working with our department as a volunteer this summar. - ='^ 'V, I f approval of his reguast and ask permission to ilitata this internship. Mm m ITV , 8a, foui MM': : Sms- i^ar -iK*.‘ ii: mMh :S ;'jL A.. i-A.rLV/' "2 ?'--‘-l •M'■/If I'fiot Moors«r City AdministratorJohn R. Gorhardson, Public Works Director X»,......Bnploynent - Golf Course Counter Helper :r:.:i.. Due to a vacancy there is a need to employ a counter helper at the golf course. It is recommended to employ Rodney Wagner Jensen, 1811 May If 92. lav 1-;. ■v^ W&;;iid *■■ -m I mmm. ■ft- ■ -^1 ■Pi mm-'r’ ' ..-r ?■' i: ■nmw '■m mi .11;W:I, 'mi,. ■ 1.! .«*• ' •■ - per '•■m:NW}^ .Ron Moorse, City Administrator John R. Gerhardson, City Administrator April 9, 1992 SOBJBCT: Playground Equipment - Bederwood Park On March 29, 1992, the City received and opened bids for playground equipment at Bederwood Park. We received bids from four bidders as follows: Minnesota Playground add for t*'o diggers add for c i gravel vs sand S17,74'> 450 400 / $18,592 v^: -111, ■■i- -A'i* yf i J ill m sIII III m iM ii ■-Siil ■iiS" IlilfS;. IlSIllte lip® fel» ■ # Miracle Equipment w/17' slide (12*6") add for two diggers Miracle Equii^'t'^ent w/11* slide (7') add for diggers 3. Earl Anderson add for two diggers $21,273 498 $19,861 498 5'I(3',’T5'5 $24,365 1,030 $25,395 ffc. fp.: fell*'®' i. The Park Commission appointed a three person committee to determine the needs and wants and staff prepared the bids accordingly. After the bids weto opened the committee met with three of the four bidders to discus^j their bid amounts and type of equipment bid. After review of the three lowest bidders, the following criteria has been developed to assist in determining the company that can provide the needs and the intent of the specifications. 1. Does the equipment meet specifications. 2. Is the equipment the quality desired. ■'. Does the equipment meet current and future Americans With Disabilities requirement. 4. Cost. % 5. Safety concerns. ■SI" mmm ■;?.w - ■ ! . NIMMCSOTA PLAYGROUND1. Yes2. No3. Current yes - future no4. Low bidder S. Meets guidelines of US Consumer Product Safety CofBfRlssion 5. 11' slide (7*) does not meet US Consumer Product Safety Commission 2. Yes 3. Current yes - fu^-ure ro 4* 3rd low bidder 5* 17* (12'6") slide does not meet US Consumer Product Safety Commission iARt AliOBRSON 1. Yes 2. Yes 3. Yes 4. 4th low bidder 5. 70" slide meets US Consumer Product Safety Commission ^ ‘ k-''' M eMi&ix 1t'll li I i •I ,a 'I iJ mm ..•<1 i4' .m -m 1 V v>a •/li”, :i',. s,>:s f-W’ -. • *L» ; * ifh “ *b. ••'• v.-' ilife.,.: % fOt wwomz Mayor P«terson and Orono City Council Ron Moorse, City Administrator /A,-% f - N OATS May 5, 1992 SOBJBCT: Payment Request on Pre-Engineered Public Works Building Attachment: Application and Certificate for Payment Met-Con Metro, Inc. $96,844.00 ffe have received from Met-Con application for payment of the pre­ engineered building materials for the public works building in the amount of $96,844.00. building materials invoice delivery of the materials, check for the amount stated. The contract provides that the will be paid within 15 days of In this case we need to do a hand PROPOSED MOTION: Moved by seconded by to approve Public Works Building Application and Certificate of Payment for pre­ engineered building materials in the amount of $96,844.00 to Met- Con Metro, Inc. Motion: Ayes , Nays 4-' ^ ^ A" -‘K • M T’-i'.V'.-j./ m - ^ . ■ "Ii -f 4 $ ■i. j '1 51 I i i1 1 I 4 J t ----------------------------------------A, r4 irSp:- ^ Q8S f0r ;. •/ , r'-^ • ifa' W^^-’ mfk. K"'‘js;i. 8 oooo oooooooo oooooooooooooooo OO OOOOOOOOOOOOO OOOOQOOOQO OOOOOOOOOOOOOO OOP OOP OOOOOOOPPOPP OOOi^OOOOOOO 33S33338333aaa 833S3338aS oeo OOOOOOOOOO OOOOOOOOOOOOO if! fr m it il' "I. •^;5i 4k "r1 “-H If - ■ . m%- Mi-m- ifteife>-PF'|S:-. ■■ffif m$ SF'teF"ilfilfc. pf: #?■II:ill.A :#f' p^i tiFi ' • te5S'KJ-^'' |%F Fi'v■T- V.-. -,•»• Silik'ii?-; '•:o Rl^felf-^ liii#- pll 'll'SfiS- ■ ©F... % /A Mayor and C’^'y Council Ron Moorse, City Administrator May 6, 1992 % /^i!s \ % SUBJECT: Sanitary Sewer Connection, 1355 Brown Road South I have attached a memo from John Gerhardson recommending the connection of the post office building to sanitary sewer service. The total cost is $1,760.50. Although the city will initially pay these costs, they will be recovered through the lease payments on the post office building. Because this expenditure was not included in the 1992 budget, it is recommended that the Council authorize this expenditure from the Special Projects Contingency Account. This account, which is set up to fund unanticipated expenditures, is budgeted at $16,730 for 1992. Action Requested: Motion to approve the sanitary sewer connection for 1355 Brown Road South, and the payment of fees in the amount of $1,760.00 from the General Fund Special Projects Contingency account. i- ■ .>L 1 * im ii k I A ^4 '-■i 1 ► ..'■i lp&‘"tot Ron Moorse, City Administrator AJohn R. Gerhardson, Public Works Director April 20, 1992 t Sanitary Sewer Connection, 1355 Bro%m Road South mm Following the Crystal Bay area sanitary sewer project, the City was granted an exception to connection of City buildings to tlia sanitary sewer main until such time as we knew where the new facilities would be located. Mow that construction is in progress and it has been „ _ ^ ^ A A ^ m a^sm 9 _ _daterained that for sure the post office building will remain, we tewe solicited bids for the connection. Sullivan's Services is the lowest bidder for $1,030.00. In Si addition to the above costs, we must add $700.00 for the "SAC and $30.50 for a pemit. X recommend we proceed as soon as possible. i M * If ; '.yk ■•••■. mfi}% Ss# .......Tin pmr^ pm‘ - ■ 'j. O^Vv ii!P: i®'V- i i fi B'vrf r- / .'V -K- '-V k - . .- ■ . lilM. f ft,!-;.* ter:i.\ vV iifv li' i#’' W^r .» K k*. r-"' ••:• ^■^v. ic? '■ f > ■ • ". • y*.jl i,7^'<?!'»‘^fc r is m---^'!i0(. t‘^-:I f ' -;imks. LIST OP LICENSES FOR COUNCIL APPROVAL FOR MErriMG OP May 6, 1992_ _ _ _ One Day Set Up License - Minnetonka Center for the Arts 2240 North Shore Drive . Reception & Members Exhibit May 21, 1992 - 5-8 p.m; Garbage 4 Refuse Collector Cleanway Sanitation Inc. P.O. Box 220 Long Lake R 4 W Roll-Off Service, Inc. 5525 County Road 50 Carver I*- • • •• ■> .1 1 ■s« I ■I %■ lv.,„ ^•- i?|-!*.:r,'.. .-‘‘"Nv ^ V'.; *;.w:.' - .,V->>-. L*.:; / ■ Is »■ N>;. :-t., /4^ • 'iry ,1-- May 6, 1992Ron Moorse, City Administrator Steve Sullivan, Chief of Police Set Up Permit * Minnetonka Art Center I X liave reviewed the application from the Minnetonka Art Center for a one day set up permit. We have not had any complaints from past svsBtB# and therefore^ I have no objection to this permit beinq issued. jiV.■ ;vv ■'■!-■ ; • ;V:f - ■ r'^ niONC I13>296 «1SI MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY • ST. PAUL. MN 55101 gCC^PTIAM ^ LIQUOR CONTROL DIVISION EVENT: e^meiT DATE: TIME: PM. APPLICATION FOR CONSUMPTION AND DISPLAY (SET UP) PERMIT ONE DAY PERMIT FEE $25,00 IF NAME AND ADDRESS SHCWIN ARE NOT CORRECT. MAKE CHANOES IN spaces below . S cm Of OROHO MOTE: ALL 'ON-SALE* INTOXICATING LIQUOR LICENSEE’S ARE EXEMPT PAWMctepjBA eeuifec. ffee -nte Acrts WtMit MfM AggfBti m Bmm N miwMe ....— moWth ^fTpcfc i>e4PEr County HeeuA/cpiiO B mb *robb iHw 475-7S4I UNMIBAtA tut* MAJ.tl#Coelo ^S39l •ifBlfBoiM ; 1 mmmmm biiii ntn—b # t y|M of •< Cxmir Jitnott 1 Rf alBwMflt« Oofico H b M, oU.| AOUITA i^T canjTOC,- ... Amu lA««(eo. ex.ecutiv« ^leccTbC. S iMKiriaBBsiaB;---------------------------- -- wmiicrTomflA pic -vm □n . EMMNMM a GS mcbkwal O tranbpkr C] iPYllAHf 13.^ ^mt>^ liiuuc, 7^40 MotfTH 9«ecc DeAOe., ujnm 2ata S^MilteASToSi •««" »»«*»SJvM On * IM. F6rm AI ucKNitis NA mk An 6 builHf li THAbC MAMI *»lu!!2!!**** PPrtntrshlp, my partner; II corporation, any officer or director; il cluti, anV^ut^ bificer or director, ever MplIcmseundeMhe Minnesota Liquor Control Act revoked or suspended or been convicted for anv violation of State Lamor local ordinancn; if so. give date md details__r u « - ****,*"*?*** y*.',^*** ** !"*■?!*? i??,******** uw«|f «und Ih»t »ht gi»tn< p> UI m inloxT«>iw>n p, th, H«f mwlorBumiviii tmm *•> >b »rcbiib «ibi tnnp«.mit. any perm it issued hereunder opwlm allow the sale of ir?roKiCAT?MO uq^ NO CONSfDERATION WILL BE GIVEN TO THIS APPLICATION UNLESS APPROVED AS PROVIDED BELOW: IP THE BUSINESS IS LOCATED IN A’COUNTY. AmmiiB - CMN bmmn CMAly ••«(« at R*prtt«nUII«« 5«7 IP THE BUSINESS IS LOCATED IN A MUNICIPALITY Aoplsc^nt f Otw IF A^UB ATTACH A COPY OF THE CONSTITUTION AND BYLAWS OF THE CLUB AND A CURRENT LIST OF MEMBERS. jPJlCUL f.o. »ox €« Crystal Bay, MN 55323 \ 473-7357 License TearDate Received Fee Paid - ^ M Initials GBRBAGB ft RBPOSB COLLECTOR*S LICENSE APPLICATION Iha undersigned wishes to operate the indicated business in the City of Orono and herewith aakes application for a license to do sc. - - Itosiaass/Fiza _rtJ»AM<AV SANITATION INC ________P.Q. BOX 22Q (Street) 1I3NG lAKE 55356 I (City)(State) (Zip Code) Bwisess Phone Vmber 479-20Q3 APR 2 8 1932 Jhpplieant * s DQUGIAS HftWKINSON 065 T (Street) m Wmbmr 479-2003 MAPLE PI (City)(State) (Zip Code) ChS '^k Onet Individual iu^r Partnership 1 _ XXX f, Corporation CITY OF a ^ f i AWCf OFFICE IjllioOOOO 01 4'.vCMFCX rtjD^fCription of Vehicles (attached list if more): Hfer. a.i:r;;?e w,. Siseyva^ fouy 51,000 34,00U __2 0 YD YU901_4j:________ ■y Vr WLiasi i^Qnneral area of City served eastern edge tehndule of Collection charges/ dates as of 1/1/92 I can 15,.00,2 can 49i^9 .3.22.50 ApproF^Mjita nunher of customers in Orono t: r W Location of dumping area henn cty toanfer sTATioN/RUbTER recycling FOR THIS APPLICATIOH TO BB COMPLETE, TOO MOST BHCLOSB---------z> c cny flf omi MfiFICf mfm I • * ■HP CM[CK YL ______ Proof of insurance in 70^ iioo7o00-$300,000-$50,0o6, and l6-day cancellation clause. $J0.O0 tut rata fas, plus S15/truck. and a $30.00 transfer fee (if applicabla)ilVJg. ^tayey bond in the amount of $1,000 owner and operator of the above business and I have paid all license fees "by law. The above information is correct. 4/26/92 Date V' ,1- w H orlTs After review of application, staff reconunenda* Denial _ _ _ _ _ Other (specify)Approval Qfhature of City Official Date St •’ “ -r- • -•nf'V ■ ■ — »?»>ri?ro>:y7 ’5-^^.'-’Ti'TT •; ■v'“'i'!:V -V V czTz ' oioao F.O. Box 66 Crystal Bay, MN 55323 473-7357 License Tear I f r- V - ^ ^Date Received Fee Paid L'O-^ Initials gADHACg 4 refuse COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith nutkes application for a license to do so. R 4 W Roll-Off Service. Inc 5525 CountT Road 50 (Street) flar vr*r m (City)(State) TZip^^ode ) iOTieeee Phone Voadier 448-7833 l^hppUeent's JIddress Russ Leistlcko % R ft W Saae as above _ _ _ _ (Street) MlMie PiaBber Sane as Above (City):state) l-iV'./l f Check One I _ _ _ _ individual _ _ _ _ Partnersiiip ISlinber of Vehicles to be used in Orono ___f . _ W- _ XX ( Z1. p Code ) CITY OF fimi OFFICE — 01 CEH two 60.00 ms 7L 60.00 Description of Vehicles (attached list if more): Loaded Loaded Year Mfer. Gross Wt. Rear Axle Wt. Size/Yards License Number HECEIPI Th^ YOUmono coot noi w: 05/0^' 1980 fkfik 46. 1980 rja£k •III! 1 34.0•Ill*•II in t rv An vrla YXQS239 in F/\An vric VYOQ'i'in_________________ Ceneral area of City served Eehsdttle of Collection chararea. All waste AppY’OXiniate number of customers in Orono no residential, co o^|ructlon customers P Location of dumping area Hcnr.eplp County. Dem-Con. Wondlaicp — P^*il FOR •nna APPLICATION TO BE COMPLETE, TOO MOST ENCLOSE THE FOLLONXNGs Surety bond in the amount of $1,000. Proof of insurance in the amount of •100,000-$300,000-$50,000, and 10-day cancellation clause. ® 630.00 flat rate fee, plus 615/truck, and a $30.00 transfer fee (if applicable^. ^ T asi lidiejowner and operator of the above business and I have paid all license fees ^ information is correct. Appli^fe \ 4^^-?R-Q7 Date POB CITT OSB ONLY: After review of application, staff recommends: ^ Approval _ _ _ _ _ _ Denial _ _ _ _ _ _ Other (specify) of city official Date lDCJ«t« ^Ch O Gl^ Ul O «i>N>MOI {rai$ko^^ *— K) oi o c» ui^^rooi misi^oia* m X*T> %; ’jM^onm rn>Q>C -40imr*-t mci-4r-r* 300 -«>i^ s- O Ot4 $ 00> m:o >WOK^< w»-*>>o >mx30 30r-*O > 1-4 > o n ro KJKI OOOOO 0«»0i0»09 OCJ UlUICJ o :9o<t/>-« l/lCI •sro • T "«rr fo I CJK>N)rONI <0 I <F> t OI I ocooiaidi •• I O O o§ 90 30s: 4/1-« I# fii : , :r=- H^sSS |ii f f'®UMOV O^UIIOV Ok W 40 Ok IDtJUl ID CaI^CaI ^l-«OkCAlO»UJU)UlOJC*>UIO>UICO^»-^UIUlUI>-« ►-«OU>OOK»MMMWMMUIIIlH»K>VM WUliOiOl-l-* Ul Q H jOV«^V«OW VO«OMVMIO • ••«■•• 8 I- M MM MVMOKIVMOV MW V MMOWW^KIWm ^VM^^V ________ ______ ^ wSmV WUI^MQO»WOkVMVM^V*^«M*^VM^« WU V^VOVO'^iNl VCaIVQ^ OJmVVO'^VO WOO V'*4UlMVOUI V^UVWO Vino UIK>K»O^VOir^M WtJVls^ I/I olv MM M OIWKIOJ Ok^UlOMMM^KI WiOfsl OI^^UlMViO M WIS>OMU>VOOO^WW^OVM^fS>OwOMO»VM UIMO uiMW^Kiioo wOMMuivfoMca wv^vv vcjMM*^ wiovoMM^po^vq^q- ,Q^UIQVMIO UIVIOMVMM V'^OKimO VOiOW^ VOIU>UILk>C«>^UM«l^ V^UirOMiOOl ^ V1 a>mOM0»O< o-< C/IH VO IIisISSsi MVMKlVObMVOMMVW MWOV^MOVOWOJVO MKI M mM M mmm V mOOil^VMOiM V OJVOMM «4MVfSJMM»0»VOK>MMM^V^VO»V *«4OIW0ikO*^ Oi|bMMWMK»VW<l>O^MWOi^WOVpO^WO^MCi>U»*^VWV4kK>V JbUiUJtoOltiOO^^I MO0UUIO»VMOiWOVKIWmO W<>4SvO^WVUIVOki/l«^V W W«*4M WOmWO M W 0» V W OI V W M fsJ U» W O O ^ V M O O V V ^ O V O f^WMMM W WVMVKIOn'sJOVOi/^OO^MO ’^OfcO OOXV-OUl 300 mto §:'•T^ Ul Kl /e '7.«JJf:*^'!.i!EE’, ,V OO VIS/ mo §:fi) iill a r% i1 i r » » wu«# MfHJM OOO m » » » m B bj N> O LJ to Ul K» O U> WUI *SJK> OO W«J '*4'^ m m m m m m Mmi 1^> -c iP, luiaten i^ir., a • Of» •-•►42Sp5IlllffS vWi P?lil? 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M , ' ' r":. t*.: ■ ■ I- ■ U' y.’' ■ t'V,.. ilSl% »:':lf-v- ,^=r:■ y >«v,. Vv''t i- t r hiv. CV'^ .r 1-; ii:^^'Ipir • S- 'f’^i ■;"V,'‘V i VV: ■ ■ fr^-'llvm ;» Vl-:i’ ' mM&jp . ■ ■■ • b fir, '^' ■'. mm f'.1 ^ r- r ■•■ NINUTES OF THE ORONO PLANNING COMHISSION MEETING HELD APRIL ?0, 1992 ROLL Th« Orono Planning Commission met on the above date with the following members present: Pianning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Charles Schroeder, Candace Rowlette, Stephen Peterson and Ed Cohen. Jeff Johnson was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth and City Recorder Terl Naab. Mayor Barbara Peterson, Edward Callahan, Gabriel Jabbour and J. Diann Goetten were present to represent the City Council. Chair Kelley called the meeting to order at 7:00 p.m. (•1) ai729 CLAIR ROOD, 3280 NAVARRE LANE • RESIDENTIAL SUBDIVISION OF A LOT LINE REARRANQENENT - PUBLIC HEARING 7:02 - 7:03 P.M. The AffIdavlt of Pub Iication and Certificate of Mailing were noted. It was moved by Chair Kelley, seconded by Cohen, to table Application ai729 for Clair Rood for a residential subdivision of a lot line rearrangement for 3280 Navarre Lane, at the applicant’s request. Ayes 6, nays 0. Rowlette asked where all the dirt on the property was going. Mabusth explained it would be used as fill in designated areas and any excess would be removed from the site. (•2) at730 GREG MALIK, 30B0 SIXTH AVENUE NORTH - PRELIMINARY SUBDIVISION - PUBLIC HEARING 7:42 - 7:56 P.M. The Affidavit of PubIication and Cert IfI cate of Mai ling were noted. Greg Malik was present. Mabusth explained this is a proposed two lot division. Both lots meet the required 50’ width at the front setback line. A private drive will be located within Outlet A to serve both properties, and at the time of installation of the shared drive, the existing drive will be removed. She stated that the existing house on Lot 2 does not meet the required 30’ setback from the side lot line, and she encouraged them to approve the outlet as proposed to allow enough room to locate the drive close to the west lot line of the outlet. She stated that with the installation of the private drive, the existing septic system serving the residence on Lot 2 wi I I be destroyed, therefore the house would need to convert to the alternate site which does not meet the required separation setback from the well. The well would need to be abandoned if the alternate septic site Is to be used. She noted the second well site Is to be abandoned at the time of the sale of the property. She asked Malik his intentions for the existing residence. 1 : '.j St­ s'* if- P:9Rf--- ri:.- ■' r- --V v7=- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20. 1992 ZONING FILE 91730 - CONT. Malik stated he intended to live in the existing house until his new house on Lot l was completed, at which time he intended to sell Lot 2 as vacant property unless someone wished to restore the existing house. Mabusth explained the applicant plans to use the existing drive (luring construction. SallOMS felt they were creating a problem by allowing a residence to regain without a well and functioning drainfieid. Chair Kelley felt there was a possibility that the house might be vacated and left for many years unoccupied and in disrepair. Bellows asked if a Temporary Certificate of Occupancy could be conditioned upon the removal of the existing residence. Mabusth stated that the Developers Agreement and Letter of Credit required with final subdivision approval would cover the Installation of the shared drive, and abandonment of the septic system. The required Improvements could also include deaioiition of the house and abandonment of the well. Malik requested a 90 day period in which to remove the house. He also requested an additional period of time to occupy the existing residence during the construction of the private drive. Mabusth noted the applicant would be allowed to occupy the new residence during an interim period of time under the Temporary Certificate of Occupancy. Peterson noted the County Is requesting a dedication of a 50* right-of-way. He asked whether the garage would also be removed at the time of the removal of the house. Malik noted that ail improvements on the property will be removed. It was moved by Chair Kelley, seconded by Cohen, to recommend approval for Application #1730 for Greg Malik of 3060 Sixth Avenue North for pre'!minary subdivision, subject to conditions 91 through 6. excluding 95 and modification of #4, of the staff memo to Planning Commission dated April 15, 1992, and to the issuance of a Temporary Certificate of Occupancy a I lowing the appi leant 10 days to complete the construction of the shared drive, and within 90 days of the Certificate of Occupancy the existing house and out lot bulIdings wi i I be removed, and the existIng sept Ic system and we 11 will be abandoned per current ordinances. Ayes 6, nays 0. ^3 ■? . xa. .. ..., Sc:',mW0'r V ■ Wk ip,.-' S4':•:.•%rf' if?: ■ • .^- ^ ’ • :.■ p: ■*.’ r ’#■ . >< < wi,. ,.i-« ... ■i§h' cST'ifc ■M'^-^'■' ..V; :r Mmi MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20. 1992 ZONING FILE 91730 - CONT. Ch9lr K«ll«y r#qu«it9d th«t th« L«tt«r of Credit b* written to Includ* th« rofiiovai of tho oxlsting r«sld«nc« and outiot bui Idlngt, tha abandofiaiant of tha axitting saptic systaw and wall, and tha conatruction of tha sharad drive. Haltk aakad about tha Flowaga and Conservation Easement. Haouath explained that tha Easement will be taken over the designated wetland and shall bo designated as a drainage easement on tha plat. (•3) 91698 JIM RIVERS. 1442 SHORELINE DRIVE <• VARIANCE - CONTINUATION OF A PUBLIC HEARING 7:27 - 7:30 P.N. Mr. and Mrs. Jim Rivers were present. Habusth explained that the application Involves a three season porch on tha lakeside of the house. She noted it consists of approximately 317 square feet of hardcover. The applicants’ amended application proposes approximately 240 square feet of green area adjacent to the roadway to offset hardcover In the 0-7S’ setback area. Rivers commented that the total green space proposed for both lots Is approximately 570 square feet, and he felt that the Commission should consider all the marina property as one as It ail works together. Chair Kelley asked If the house to the north was currently occupied, and If not. would the applicants consider removing the house in trade for the deck. Rivers did not think that was feasible. Cohen reviewed that the building permit Issued In 1976 noted no Improvements for a deck. Mabusth explained that the applicant was granted a variance for the 1976 addition to the lakeside of his home, and the permit and bui Iding plans specifically stated that only steps for access would be allowed as additional hardcover. Rivers noted that the deck was added at the time of the addition and plead Ignorance as to why the deck was not approved at that t ime. 4 ■% ffi: tem HINUTES OF THE ORONO PLANNING CX)MMIS8I0N NEETING HELD APRIL 20. 1992 ZONING FILE 91698 - CONT. It was ffiovsd by BsMows, sscondsd by Cohsn. to rscommsnd dsn I si of Application 91698 for Jim RIvors of 1442 Shoreline Dr I vs, for ths aftsr-ths-fact varlanes for ths snclossd dock as ths psrmit Issusd in 1976 spscificatly statsd that approval was only for acesss stairs, and only thoss acesss stairs can rsmain as indicatsd on that psrmit. Ayss 6. nays 0. It was movsd by Cohsn. sscondsd by Bellows, to recommend that ths snclossd deck be removed by July l, 1992. Ayes 6, nays 0. (94) 91700 DALE HCCUROY, 4041 NORTH SHORE DRIVE - VARIANCE - REFERRED BACK TO PLANNING CONHISSION FOR ADDITIONAL REVIEW Hrs. McCurdy was present for this application. Mabusth explained ths applicants seek approval of ths intensification of hardcover where excesses already exist. Ths applicants propose ths construction of an 8’xi7’ second story deck over an existing patio. She noted ths application was originally brought before the Planning Commission absent an updated survey and hardcover inventory as the applicants had asked for special consideration to use an earlier survey and inventory review from a 1986 application. The applicants have provided an updated survey of the property since Council concurred with the Planning Commission that an updated survey was necessary. She stated the current proposal does not propose an Increase in hardcover. McCurdy noted that the original survey was done by staff for the 1976 review, and the current submittal was done by Coffin and Qronberg. She noted the deck was intended to be included with the 1986 addition. Rowiette noted that with the 1986 review, staff indicated OX hardcover in the 0-75* zone. She asked of what the additional hardcover consisted. Mabusth explained that the staff Inventory of 1986 was Incomplete, and the hardcover listed on the current hardcover inventory is not new hardcover. The percentage for the 0-75’ zone includes lakeshore decking, access stairs, and part of the house. Chair Kelley asked about further hardcover reductions. i .' mm. <-s ifwff3|gm. |SW' p*r^fe- ■ s#' Hr feffS:: &:< /V^ ;H ■ f-v m$ ^k fkm: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20. 1992 ZONING FILE 91700 - CONT. McCurdy •xplaincd th«y did reduce hardcover with tha 1986 raviaw on tha west si da of house but fait thara wasn’t anywhere else they could reiAove hardcover. Schroeder asked about tha two garages. McCurdy explained they use the garage near the road during the winter because of tha steep slope of the drive. It was sieved by Chair Kelley, seconded by Cohen, to recommend denial of Application si700 for Dale McCurdy, 4041 North Shore Drive, because of the intensification of excessive hardcover on the property. Ayes 4, nays 2. Rowiette and Schroeder voted nay. McCurdy noted that with the exception of the addition in 1986, ail iMprovements on the property have been in place since 1976. Rowiette stated she would like to see the hardcover percentage reduced, however the deck Is being placed over existing hardcover. Bellows asked about plans from the 1976 project. Mebusth noted they were never located In the City files and the applicant did not have copies. Schroeder agreed with Rowiette and felt they could put the applicants on notice that no additional hardcover on the property would be ailowed. (96) THOMAS LYTLE, 1935 CONCORDIA STREET - VARIANCE CONTINUATION OF PUBLIC HEARING 7:16 - 7:22 P.M. Thomas Lytle was present. Mabusth reminded the Commission that this application was originally tabled to allow applicant time to reconsider the relocation of the lakeside deck, which he has done. The deck now encroaches 3* Into the 0-75’ setback zone resulting in 66 square fast of hardcover or 1* within that zone. It also increases hardcover In the 75-250’ zone by approximately 190 square feet or IN as the majority of the deck has been located behind the 76* setback line. She reviewed the location of the mature trees In the lekeshore yard. '1 ..r-r*'Kv.- gi» ifel Hfc' im -&&;ymm'"ISP-:..Wmf •! •' I®#a#;:,... - U'’'P ■ ■ IP- -?SP’ . ■ I - >'-p-- - > /-■'■'Hi, ,‘^•.1miiW:'mmmm ,Shv'-'. i!j;:.ii,-;i"'lilis' NINUTE8 OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20. 1992 ZONING FILE #1714 - CONT. Lytl# rMiindtd th« Commission that his laksshore lot I In# dacraasad by 11* aftar having an updatad survay dona. Chair Kailay askad which way tha drainaga flows on tha proparty In tha front yard and tha dimansions of tha garaga. Nabuath notad that drainaga flows towards tha 'lousa. Sha that tha proposad garaga Is 22*x22* and staff nas addad a apron for safaty purposas. statad backup Cohan askad about ramovals of axisting hardcovar. Lytia statad thara was nothing on tha proparty to ramova. It was M>vad by Row I atta. sacondad by Cohan, to racommand approval of Application #1714 for Thomas Lytia of 1935 Concordia Straat, for a straat satback and si da satback varianca to construct a datachad garaga, a lakashora satback varianca and avaraga iakashora satback varianca to construct a oack, and hardcovar variancas to incraaaa hardcovar In both tha 0~75* and 75-250* zona by 1* In aach zona, approval basad upon hardships statad by applicant and tha fact that tha applicant has shown a good faith affort. Ayas 6, nays 0. (•#) #1724 TAMMY L. VOOOIS. 2S18 CASCO POINT ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING B:11 * 8:12 P.M. It was movad by Cohan, sacondad by Rowiatta, to tabla Application • 1724 Tammy L. Wood is of 2816 Casco Point Road until such tlma that tha applicant or a raprasantatIva can ba prasant. Ayas 5, nays 0. (#7) #1729 DAVIS FANSLER. 4180 BAYSIOE ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:25 - 7:27 P.M. Tha Affidavit of Pub 11 cat ion and Cartifloats of Mailing wars notad. Davi'• Fanslar was prasant for this application. Mabusth ravlawad that tha City racantly approvad a straat satback varianca for this proparty and during that raviaw tha applicant Informed tha City that ha would ba saaking approval for a non- rantal guast apartment. Sha notad tha apartment meats all pertinent standards. 6 mm. m ry-w ■; ... ' ^.1 ' W-m: .Kj;' v-V^>..m ■M : -i f ■ •■ -mj:- <ns 'Es':'S£ /■■ ' '‘■t./'s'- lila# ■.y'3 , 4a 4 .-.., •;A‘.1* ■SK* <&k3;;t V'' /'^v \('4'. •iaf- r-r * mm: 3 Si^,' ;®-i* ■>;•'. ■ fc.. X : V ;:■>-V- :-n 13'miAr -^kt''- ■'k2 NINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD APRIL 20. 1992 ZONING FILE 91725 - CONT. Fansl«r •xpiaincd this apartment will be for his mother-1n-1 aw. It was moved by Cohen, seconded by Bellows, to recommend approval of Application 91725 for Davis Fansler of 4180 Bayside Road for a conditional use permit for a non-rental guest apartment, subject to the apartment never having a separate entrance from the principal residence and that the apartment may never be uused for rental purposes. Ayes 8, nays 0. (98) 91726 BARBARA AND JAMES OLEXA BBS VILOHURST TRAIL - VARIANCE PUBLIC HEARING - 7:34 - 7:30 P.M. The AffIdavlt of Pub I I cati on and Cert IfI cate of Mailing were noted. Barbara and James Oiexa were present. Nabusth explained that the applicants propose a 20’x30* addition to the east of the existing residence and the removal of an existing garage. The proposed addition consists of a garage and a covered patio area. Staff has amc ided hardcover within the 75- 250* zone to Include landscape area underlain with plastic discovered on site by staff. Hr. Oiexa stated that they were unaware of the plastic and were willing to remove It. Cohen stated that should take care of the excess of hardcover. Nabusth stated that would actually reduce the overall hardcover percentages for the property. Chair Kelley asked about the neighbor to the east. Nabusth stated that all neighbors have approved of the proposed plans. Rowiette felt that the addition was too close to the side lot line. Nrs. Oiexa pointed out that the lot line angles and the addition Is only close at the rear lot line. Nabusth stated that their comprehensive plan Includes an expansion of the second story over the existing garage. '■ I J, M0.‘i , ■ ;P * ^ .V -'; '• w:' -r^.- ^ ; • > -.*; i " • ^ 'S’I,. -,v.v ■ V' S-' : ■;. ^^'v: LHK' ^ V'^tA Mm . MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20, 199? ZONING FILE #1726 - CONT. It WAS Hiovsd by Schroeder, sACondsd by Peterson, to recommend Approval of AppllCAtlon #1726 for Barbara and James Olexe of 995 Wlldhurst Trail, for side setback and hardcover variances to construct an addition to the existing residence, subject to the re#K>vAl of the existing detached garage and all plastic under rock be removed on the p-'operty. Ayes 6, nays 0. (•9) 91728 MOLLY AMO DRAPER JAFFRAY, 640 BARRETT AVENUE - VARIANCE PUBLIC HEARING 8:00 - 8:10 P.M. The AffIdavIt of Pub I I cat I on and Certificate of Mailing were noted. Molly and Draper Jeffrey were present. Mabusth explained that the applicants are proposing a three story Addition which requires a street setback variance of 25*. The existing residence Is 12’ from the right-of-way. The proposed Addition wliI be 25’ from the right-of-way where a 50’ setback is required. She noted the garage to be located at the lower level, the family room on the first floor, and a bedroom on the second floor. Access to the garage will be gained through the alley to the east, and the applicants will stilt mairttain access onto Barrett Avenue. Rowiette asked the Intentions for the existing garage and felt It could be in a hazardous condition. Mr. Jaffray stated that they would liKo to leave the garage for storage, and In the future they may either repair it or remove It. Cohen asked If the City has ordinances requiring the maintenance of such structures. Mabusth stated that there Is not specific standards for maintenance Qf Structures, but If a bul iding is found to be hazardous, then the City can proceed with legal action. She stated the rear wail of the garage Is pushed out because of pressure from the hill. She noted that If the building were removed, the owner would need to Install some type of retaining wall. If the structure were to be rebuilt, it would require variance approval. Jaffray understood staff recommendation to remove garage and felt that would be reasonable. the existing Peterson asksd if the garage could be allowed to completion of the new garage. remain until a li!.'. ■ ■\ I A *) *' ^'.n:liv'■ ;^iV.y ’V:111.r;^:-■= ':■ r^‘s,:!.':'- .;. r ^rr tr. ■-:• •> - iit V i& ■ m. fir^ Vi. r.>.. :..V. ••liw •^iltl|§5!- W|».# 4- ' >w stiftp-*mm„- VK & ^ rm- ^■ r^:/L M- fV., . V :4*-‘-' '■ ’^,'- ■; ■ J»-«;', Iti^|-7:s|:”: • • fm- WMMkk:.. NINUTES OF THE ORONO PLANNIMQ COMHISSION MEETINQHELD APRIL 20. 1992 ZONING FILE 91728 - CONT. Mabutth pointed out that the applicants but only thraa of tham ara combinad. own six contiguous lots. Jaffray axplalnad that ona of tha lots is torrens and tha othars abstract, making tha procadura vary difficult. It was movad by Schroadar, sacondad by Ballows, to racossnand approval of Application S1728 for Holly and Orapar Jaffray of 540 0arrstt Avanua. for a front straat satback varlanca to construct an addition to tha axlsting rasidance, subject to tha ramoval of tha axlsting garage 30 days after completion of tha proposed addition. Ayes 6. nays 0. Rowlatta noted that staff Is requesting datallad grading and drainage plans with tha building permit application. Nabusth stated that because of tha steep topography and tha need to altar axlsting grades, applicant must provide datallad grading plans. (#10) REPORT BY PLANNING C0MN18SI0N REPRESENTATIVE Rowlatta noted she Counc11. was happy with all the decisions made by the (wit) REPORT BY THE LAKE USE COMMITTEE REPRESENTATIVE Chair Kelley noted tha Committee would meat Wednesday, 1992 at 7:45 a.m. at the Council Chambers. ApriI 22. (#12) REPORT BY THE FACILITIES COMMITTEE REPRESENTATIVE Chair Kelley noted the Committee would meat on Tuesday, April 21 1992 at 5:00 p.m. at tha Orono Link. (#13) OTHER ISSUES Thera ware no other issues. (#14) APPROVAL OF MINUTES It was movad by Cohan, sacondad by Chair Kelley, to approve the minutes of the March 16, 1992 Planning Commission meeting. Ayes 6, nays 0. 'i, ■JAi 'M 1 -Wj W'wE5 MINUTES or THE ORONO PLANNING COMMISSION MEETING HELD APRIL 20. 1992 (•16) REPRESENTATIVE TO THE MAY 11, 1992 COUNCIL MEETING 11, 1992 CounciICohtn and P«t«rson volunteered to attend the Hay meeting. AOJOii Chair Kelley adjourned the regular Planning Commission meeting at •:14 p.m. Charles Kelley, Chair Person mm. ■ ''% Pis- im: i: m mj: ** •; r i u • —V • * • ■ ■■ ■ . ?v '- \pr^iV , ■--r1LAKE BINNETOIIKA CONSERVATION DISTRICTw.-water structures committee AGENDA 7:30 AM Saturday. May 9, 1992 Norwest Bank Bldg. 900 E Wayzata Blvct. Rm 135 (Elavator accass for handicappad. usa vast antrance, Wayzata Blvd) A 1S92 ffl#ip i. Multiple dock licenses A. Renewals: 1) Bean's Greenwood Marina. St. Alban's Bay: review incomplete 2) Forest Arms Improvement Association, Forest Lake: per Board referral 3) Methodist Lakeside Assembly, Wayzata Bay-without change B. Fending: 1) Shorewood Marina & Yacht Club. Gideons Bay: late fee & village certification C« No application received: 1) Lakeside Marina, Maxwell Bay 2) North Shore Drive Marina, Maxwell Bay 3) Roger Wikner, Wayzata Bay 2. Deicing licenses A« Deposit Refunds ^$100 each, per report attached B. Discussion regarding provision for end of season deicing permit and to allow executive director to issue deicing licenses Second reading of draft ordinance to allow transfer of storage from a District Mooring Area license to a Multiple Dock license mM.mm 4, Third reading of draft Ordinance Relating to Storage of Lake . V . ’ ■ Maintenance Equipment on Lake Minnetonka Second reading of dr .ft Code Amendments recommended by Policies and Frocadures subcommittee, amending Sect. 1.07, 2.01, 2.03 & 2.06 B* Discussion of Styrofoam used in Dock Construction ^ ifft 7. Restricted vs. non-*restricted watercraft, slides and off-lake acorage: appointment of subcommittee to review items covered in attorney's 3/20/92 letter M. D* Expanded sales at dock console facility and dock width for gas docks: staff racommandation to refer to subcommittee Mi fc-9. Saet. 2.03 Multiple Dock licenses and Sect.2.05 Special Density Xicanses. discussion of committee concern for licensed multiple 'i' '*i t-4ocks not inatalied il^ IOs Additional buaineas recommended by the committee i i I 4 i - w , .a . ^. >-r- .r/if■h.nrr^i - . !■ - -ir. •». C- ‘L ■ r*-'m > >;.;•••-• y‘' ■!! .'i; r'jv^: i-fe If |sp^' ? ■' U'w ■SM'.. ;Sit- a" I- ■#: , •;.j.i. re., ORDINANCE NO.4 AN ORDINANCE RELATING TO THE STORAGE OF LAKE MAINTENANCE EQUIPMENT ON LAKE MlNNETONKAi amending LMCD CODE SECTION 2.03, SUBDIVISION 8 Th« BoMd of Dlroctors of the Uke Mlnaetonka ConecrvaUon District Ordains that tbo LMCD Coda of Ordinances, Section 2.03, Subd. 8, be amended as foliowa. Subd. 8. Specification of Boat Storage Units. a) Soecification of Boat Storage Units. At the time of the issuance oi a B0«-a pur.JS?To15S motion. aU “oHxmi B^t StcraeaJ^tj. « ^ IhfliUty will be specified by number on a copy of the dock or mooring P tbs fboitlty. b) StofW Rule. No watercraft may be kept. stored, tied or moored exwpt e) Soedal Rule for Transient Facilities . At the tima of the * vurauant to this Section for transient use faculties or iwrUons f*® SSSLSdto tnutalent uae. the Board sbaU spacUy the extent to such meittod auclTuae of the facilities do not represent a liazard to navigation or to waty of the public or persons using such facilities . kk EauipineDt^ j aent fueb■• burges. weed ba^estlngm^hinaa, laii^redgm gM 13 KauiDment may net be located at any one site, as defined m c.».o.in l>a ?orm>re than two business days before and two buelnesa da j_ ^ftm^rk <« tione In the vldnitv of that siteT m ^ J ^ 33 If. at any time, the "to-;"!?;;Sheriffto be a hazard to navigation or a threat to --------------------- i;;.- eU2M7t UU9-4 Shriff n>«y ofdT the owner th<r^of to move tbe equipn^nt to n appropriate . Fidlum to comply wltk >nv such order la • niUd<m<anorTloca 4) All »ttch •quipmeat auat tx posted with the id«ntlflc«tion of th< cmtu&r and tmme. •ddiww^ mnd ^lephon# number of m omnon who amv ^ com>ct<d in y^riCTncv or may b€ notiiled by tii» Sheriff. If n»c»a—ry» In ■coofdmc* with th* preceding paragraph. This ordloAnc* is in effect the day following its publication. Adopted by the LMCD Board of Directors this_______ day of 1883. David Cochran, ciiairaisn ATTEST: i»nii i. V m fe{# s« r-v- mm^..iSj-' •y>._ SeSIV: tel kmm;r wU&»-yf Mm m mp ■ . I ■ •• • ./ .7 A.. '*'f ’•il. J Ji 1 ••yi m Minnesota Pollution Control Agency 520 Lafayette Road. Saint Paul. Minnesota 55155-3898 Telephone (612) 296-6300 ^y lcl:r April 10. 1992 laciwl Ihibolt take liaBtto&ka Concerratioo Dittrict 900 left VMTMMtM ImileTard ieyaatAp BiiufeotA 55391 S5f:- lift' : 1,' Oeer Ms. Ihlbeltt Toll haee regueeted the Asency pofitlon on pollution fros docks constructed vitti •tyrofoaa* We not evere of say water quality degradation associated with ityrofosB. There is esthetic polltttion« especially on beaches* which results froa the physical breakup of the styrofoau. i-' Xa aa ideal situatiw the Agency would work towards a totally pollution free eseirooMnt* lowewert in reality we hawe not pursued regulation of pollution at tiM lewel of this particular situation. There are a number of reasons for me. 3&.-Hinnesota statutes do have broad descriptions of pollution which could be interpreted to cover this or siailar situations but we have never ’ ten given legislative sumdates or Agency Board directives to pursue tliea. ■■ Our aain effort to raise the esthetic issue has been with container deposit legislation which» I an sure you are aware* has been repeatedly defeated. 3. - ■‘v; . We have lisdted resources and staff and therefore have to devote then ro issues with the greaUst eovironiiental inpact. For ezanple m inpMt o SOptic tanks on lakes is considerable but virtually all regulation is carried out by the counties. tfSs iiMMMifyp whilt wi fMWOT locftl tffoiti to dtal vith this iituatloiit v® do not ■ have the regulatory tools to support your efforts tiacerely. Qwiiqr oi»i*1ob Sarold J. Witgner, Biologist Aaeeeewnt and Planning Section f 1 .• >i ■i • RoC^ohai Offices: ■■'.i j i I l#tik r . lEStocuffi ' rV6 ‘i.V‘*v-*?,■ 4. 4 ’y[ '.'V •>. ’ i#i ■i. .. « ■-;. WS.'‘ ■fW I'; " ■ ■ ■i'f:::'. ’^'t ' T- ■■ UjmA.,it '.‘■i V- .b LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WA^ZATA BOULEVARD SUITE 160 • WAvZATA, MINNESOTA 5^391 • TELEWONE 6 -2/473 7033 EUGEItf R. STHOMMEN EXECUTIVE DIRECTOR May 1. 1992 Mr. Stavan J. Prestin Conaultanty Shoreland Rules Adoption LMCD Tachnlcal Reviaw Comittee 610 Sixth Ave SE Mlnryaapollt MN 55414 Dear Stevat Confiraing our talaphone conversation of April 28, the problem of boat storage on land has been brought to our attention by an Orono council member. Ona marina In particular stores an extraordinary number of boats oo Its property. Some are In storage for service/maintenance. Others are for sale by either the ovner or the marina operator. LMCD expects some boats are stored for launching on call. Boats for sale are also occasionally launched for use in the lake for dMOonstration, or recreational use of the ovmer, »»hlch we are unable to differentiate. A new-boat use Involves time-share rental of boats which LMCD will address as its responsibility. In order to more completely manage the growing density of boats stored on land, we propose that a shoreland ordinance provision be investigated in which cities regulate boats not for use on the but stored in multiple dock licensed facilities. Controlling numbers of boats siay be difficult due to the variety of sixes. Therefore boat storage areas designated within a multiple dock licensed facility may be more practical to regulate. This should Include maintaining setbacks from property lines. Xhls will then provide a distinction for LMCD to identify boats stored for purpose of launching in the lake for recreational use. LMCD does license boats used on the lake as off-lake storage. You indicated some information may be available through regula­ tions developed for boats stored at river sMrinas. We will welcosie your research and recommendations which the cities may consider. An introduction of this subject at the May 21 Technical Review Coamittee would be appropriate also. (continued) ....■'* ' A _V1 f.J 4 -n-TT life;-' S^vM' v'--' ■ ASfc:. ipi«m„ '■<■•'■ ■• ■^■2 a - W' W; ■'^■r‘--M'r, ^#',s. J-*-' } c#[ r; f , 1-f .. gg v'*Ffe# ■■ ■ ■fc* ^ig-m...Jae- .fw- ' !^y ;!'^v•■, .- ..... m m LAKE MINNETONKA CONSERVATION DISTRICTSteve Preedln P«t« 2 May 1, 1992 Thank you for addressing this shoreland concern. Sinceroly, LAKE MMKETOHKA CON^RVATION DISTRICT ^ SuBane R. StrorasienEugene Executive Director c: Ron Moorse Gabriel Jabbour Dave Cochran Doug Babcock JUi Crathwol JoEllen Hurr Ed Fick ■ ■• * ’ll i - - t mW'Lake Minnetonka Conservation Districtfcfc*0-m tr w V. MM: Saturday |lf £ Tu..d.y 'fe^®:: £“‘£v Monday f--X- Thursday 21 msi: Friday |iSi&S«t«rd.y ^•djasday 27 W.fe-'!' ■i ^ '®"* ■ -•. ' •*',!r *''-^ ; • , •' • r ••,>.' ---r >r' ' ;^v< Sr 4-30-92 ■'^H w' ’*nvSSfe'.. -v;^- 'WA.iMI 473-7033 L.M.C.D. MEETING SCHEDULE May 1992 Water Structures Committee 7:30 am, #135 Norwest Bank Building, Wayzata Environment Coaunittee 8:30 am, Wayzata City Hall, 600 Rice St. Wayzata Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Building, Wayzata Technical Review Committee 8:00 am. #135 Norwest Bank Building, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Memorial Day Holiday 7:00 pm. Public Hearing: Excelsior Park charter boat Wine 6i Beer applications 7:30 pm. LMCD Board of Directors' Regular Meeting Tonka Bay City Hall I ^ 1 MAf 1 1992 . .. . '":ivTi 4 J 't MI ■5f |(C: I/:;.;'.', H'-' Sit- ... J.^- t,' Ppw '«■ ' hV/^‘.v-'- P-v* j?- v« ■^' •f?vV- jc'l'^f^r#/-.,- 4«ir*- Ifp pfc.i.;s;^ P,#!?i>e%,..- Siy. -S r. ,'V’#PC^ , '’''■^Iv i - ^ ^ Sun S«t Sun Thu Snc Thu S«t 3 9 10 Sat 16 Sun 17 21 23 Sun 24 Hon 25 Tue 26 28 30 Sun 31 mmM:'-. W^M Lake Minnetonka Conservation District 473-7033 1:30 pa 10:00 am 10:00 am 1:30 pm 6:30 am to 3 pm 10:00 am 2:00 pm 2:00 pm 10:00 am 10:30 am 1:30 pm 10:00 am 2:00 pm 2:00 pm 10:00 am 10:30 am 1:30 pm 10:00 am 10:30 am 1:30 pm 10:00 am 10:00 am 12 Noon 2:00 pm EVENTS SCHEDULE MAY 1992 WYC Main Lake Course MYC Main MYC Main WYC Main MN B.A.S.S. State Federation tournament, from Minnetonka Power Squadron docks, Big Islam! Passage MYC Main MYC Main UMYC East MYC Main UMYC West WYC Main 6:15 pm W/C Main MYC Main MYC Main UMYC East MYC Main UMYC West WYC Main MYC Main UMYC East American Jail Association (Uenn. Co. Sheriff's Dept.) fishing contest, Minnetonka Boat Works, Wayzatu Bay 6:15 pm WYC Main HYC Main WYC Big Island Course UMYC East MYC Main 6:30 am to 2:30 pm HN/WI Pro-Am Bass Tournament, North Shore Drive Marina Maxwell Bay 10:00 am 11:00 am 1:30 pm MYC Main SYC Big Island WYC Main :VVV t;' 4' •.•‘5 ■ : M .• ' u M .»V- iI% n 14: r' -v>- »['' P" !'■m fc-.. p?'' i?: ^i:- s& If- i‘i. fc''■'fe ■ fe' ■ &y>- To: Mayor, City Council Members, City Staff From: Mary Butter Rc: Stubbs Bay Sewer Project Date: May 5, 1992 In light of the stem admonition from the residents of Cygnet/Leaf that they be dropped from the proposed sewer project, I would like to suggest the following. At the continuation of the Public Hearing on May 18. the Council should order in all of the project EXCEPT Cygnet Place. However, Cygnet Place shojid be assessed the trunk line charge. They will need that trunk for future connection. The residents of Cygnet Place/Leaf Street should be reminded that a future City Council will not be required to participate in the cost of their sewer and that they (Cygnet/Leaf St. residents) may have to bear the entire cost of their own proiect. Further, any property having a failing private sewer system will have to 'ihere to the letter of the law regarding waste disposal, up tc and including evacuation of the propo ’ty if legal, healthful means of disposal are not available. The lawyer representing the many property owners should be quickly supplied with the Stubbs Bay Sewer Feasibility Study, the City's Comprehensive Sewer Plan, the City's Comprehensive Plan and any other documents deemed pertinent and proper by Ron Moorse and Tom Barrett. The City has done its homework and mm’e, and Mr. Knight (sp) should be made aware of that so he can communicate that message to his many clients. meb/s Pm':::Tot Mayor Peterson and Orono City Council Ron Moorse, City Administrator•vbjmet Michael P. Gaffron, Asst. Planning t Zoning Administrator May 7, 1992Robert Beutler/Brickley Garage, 3262 North Shore Drive Attached is a letter of request from Robert Beutler of Adams Aaaociates representing buyers of the Brick ley property. Mr* Beutler has been advised that he will be allowed 5 minutes under the Public Cosssents portion of the meeting. ch ifci?." pi# m > * mm-' mK^ ‘iV pf,s*.4i>- :y ir^r, ’ v*. mwm : ; ^ ....... 1 i -.1. terWK" te'^3--'•;%.’■■■- pSi? - I, i-;- '.' « - r-- ..m:: .i" iis?> Ifel'l?".lafe To; CityoJOrono 1335 Bro^ Rd. Orono. MN 55391 473-7357 Date 04-21*92 From: Robert Beutier representing Stephen Browm. Dev City of Orono; c/e Mike Geflron, Aset .Planrur^g and Zoning Administrator Thif letter is to request a new hearing on the variance for 3262 North Shore Drive. Orono, .4N 55391. M the present time there is an acccepted purchase agreement on 3262 North Share Drive and the new Buyers (Mr. & Mrs. Stephen Brown) would like to keep the proMil garage size as is. Due fo the recent purchase of the land west of 3262 North Shore Drive by the Department of Natural Resources (D.N.R.) we would like to amend the variance to complete the garage as it sits. Bye reviewing the D.N.R's. proposal for the Public Boat access we can see that the D.N.R. is planning to conskuct a fence along the whole north / south lot line to provids privacy between the lake access and tfie present homes east of the access, in doing so tfie garage seuctise as it sits would not be imposing on anyones right away or obatucting anyones view Wo can al ■g’ee that the removal of the three homes west of 3262 North Shae Drive would greatly enhance this area visually and the present garage size would help in roducr^ ths duttsr of cars parked randomly in the diveway shared by the three hornet stN locaied there. Th# Browns would sti comply with the other aspects of the vanance by oonookdaling the 3 storage buildings into the one garage and thus reduce the clutter and visual dsnsity of the neighborhood. The Browns would also be willing to woi’k with Pm dty to help improve the area in any other means possible also. iliP: M..' ■=<“' Respectfully, Robert Beutler Stephen Brown mm 1 -4 4 ■i 10700 Old County Road 15, Suite 100, Plymouth, Minnesota 55441 (612) 544-8937 I Ci