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06-22-1998 Council Packet
r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 22,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the Citj Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items ^e available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1.Approve/Amend COUNCIL MEETING JUN 1 9 1998 CITY OF ORONO 7:00 p.nu Presentation Regarding the Westonka Community Center Facility 7:15 p.m. City Assessor Service - Rolf Erickson 7:30 p.nu Report by Police Chief Gary Cheswick Regarding the May 15 Storm APPROVAL OF MINUTES *2. Regular Meeting of June 8,1998 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Lili McMillan, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT . . 3.#2308 Brook Park Realty, 3760 Shoreline Drive - PRD & Class III Preliminary Subdivision 4.#2363 William Bockmann, 1130 Loma Linda Avenue - Variances - Resolution 5.#2373 Steve Beck, 2795 Shadywood Road - Variance - Resolution 6.#2364 John Serena, 4607 Watertown Road - Conditional Use Permit - Resolution ,. 7.#2383 Christine and Gary Valerius, 3750 Bayside Road - Preliminary Class II Subdivision - 8.#2376 Richard and Marion Brown, 2685 Shadywood Road - Conditional Use Permit - Resolution 9.#2377 John Chenoweth, 3850 Shoreline Drive - Finding of Substantially Similar Use/Commercia Site Plan Review 10.#2378 William Memik, 1840 Lakeview Terrace - Variance - Resolution 11.#2379 Deborah M. Sholl, 4100 Watertown - Variance - Resolution r ► AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 22,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 12. #2361 William and LaWayne Yaeger, 310 Big Island - Variances 13. Kelly Cove Joint Use Dock License - Revision 14. Schedule Work Session - Home Occupation Zoning Ordinance MAYOR/COUNCIL REPORT ENGINEER REPORT CITY ADMINISTRATOR’S REPORT 15. Robert and Julie Hanning Request for an Agreement Related to a Future Subdivision at 4220 Sixth Avenue North 16. Revised Resolution Regarding the Release of the Tax Forfeited Parcel at 1960 Shoreline Drive 17. Local Performance Aid Certification 18. Scheduling of Work Session CITY ATTORNEY'S REPORT * 19. LICENSES * 20. BELLS UPCOMING ISSUES AND EVENTS im 06/15 - Planning Commission Meeting, 6:30 p.m. 06/22 - Council Meeting, 7:00 p.m. 06/24 - Big Island Tour - 3:30-5:30 p.m. 06/29 - Joint Council/Planning Commission Work Session, 5:30 p.m. 06/29 - Special Council Meeting-Assessment Hearing for Shoreline Drive/Heritage Drive and Lane Samtary Sewer Project, 7:00 p.m. 07/03 - Holiday 07/06 - Park Commission Meeting, 7:15 p.m. 07/08 - Highway 12 Design Review Committee, 5:30 p.m. 07/13 - Council Meeting, 7:00 p.m. 07/20 - Planning Commission Meeting, 6:30 p.m. 07/27 - Council Meeting, 7:00 p.m. r □□□□ Public A ttendance M * * Meeting D ate t. fx C ouncil Planning C ommission Park C ommission Other V.; ••y-. II REQUESTED BELOW FOR OUR ^ .. .. .. . ... V . ^.. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 8. M. 10.. 11.. 12.. 13.. 14. <-19^0 r Q9lC— 15._ tfUM.4 r COUNCIL meeting 1 9 J99S REQUEST FOR COUNCIL ACTION CITY or ORONO DATE: June 17, 1998 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Presentation Regarding the Westonka Community Center Facility In late 1997, the residents of the Westonka School District voted in support of a referendum to fund the rehabilitation/remodeling of a former school building; currently providing space for several human service agencies, the Westonka Senior Center, and some School District offices; to create a community center-type facility. The City of Mound and the Westonka School District have entered into a joint agreement for the operation of the community center facility. Bill Pinegar, Chair and Bruce Sharon, Board Member, of the Westonka School Board have requested an opportunity to make a presentation to the Council regarding the plans of the Westonka School District and the City of Mound regarding the community center facility. COUNCIL ACTION REQUESTED: No action required. COUNCIL MEETING t I i JUN 1 9 1998 REQUEST FOR COUNCIL ACTION CiPi'' cr oRCvo DATE: June 17, 1998 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Adminis^ator Reviewed:Agenda Section: City Admimstrator’s Report Item Description: City Assessor Service At its June 8, 1998 meeting, the City Council was advised that Rolf Erickson had decided not to renew his contract with the City for assessing services for the coming year. The Council directed staff to invite Rolf to the next Council meeting. Rolf Avill attend the June 22 Council meeting to provide an opportunity for the Council to discuss with Rolf whether he would reconsider his decision, and also to discuss how the City could best go about selecting a replacement. COUNCIL ACTION REQUESTED: To action required. r A ■ \ I V: COUNCIL MEETING JUN 1 9 1998 REQUEST FOR COUNCIL ACTION CITY or ORONO DATE: June 17, 1998 ITEM NO: Department Approval: Name RonMoorse TItk Cit)’ Administrator Administrator Reviewed: h Agenda Section: City Administrator’s Report Item Description: Report by Police Chief Gary Cheswick Regarding the May 15 Storm The City Council received in its June 8 agenda packet a report from Chief Cheswick regarding the emergency response to the May 15 stoiir. Chief Cheswick will attend the June 22 Council meeting to respond to questions the Council may have regarding the May 15 storm, and actions being taken to be better prepared for the next storm. COUNCIL ACTION REQUESTED: No action required. ! t : I J rrzT M- '/ |: » < \l > h I ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 COUNCIL f/E£T|NG JUN 1 9 1998 CITYC" ORONO ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Semor Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Director of Public Services Greg Gappa, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 6:37 p.m. (#1) SHORELINE/HERITAGE AND EDGEWOOD HILLS SEWER PROJECT Mayor Jabbour announced that the public hearing was postponed. Gappa requested Council to adopt the resolution rescheduling the public hearing. He explained that the project bids came in approximately $40,000 higher than the estimated costs. The estimates on the Shoreline/Heritage portion of the project were accurate and the contractor agreed to do that portion of the project at the bid price. The Edgewood Hills portion will be rebid, as the estimated unit cost is $28,000 using the current bid. A public hearing for Edgewood Hills will be scheduled for the July 13 Council meeting with new bid costs available. A. DECLARE COST TO BE ASSESS i^D AND ORDER PREPARATION OF PROPOSED ASSESSMENT - RESOLUTION NO. 4089 Gappa explained that the proposed resolution would be revised to include only the cost for the Shoreline/Heritage portion of the sewer project. Peterson questioned the 8% interest rate. Gappa explained that 8/o was included but would be reduced later. Jabbour confirmed that the interest rate would be 1% above the bonding rate and could not exceed 8%. Gappa noted that the letter sent to residents indicated the interest rate would be approximately 6% based on the current bond sales. Barrett requested that the wording in the resolution regarding the interest rate read "no rhore than 8%". Goetten moved, Kelley seconded, to adopt Resolution No. 4089 declaring the cost to be assessed and ordering preparation of the proposed assessment, amending the costs to include only the Shoreline/Heritage portion of the project and the interest rate to be stated as no more than 8%. Vote: Ayes 5, Nays 0. ■vJ Z J* ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 ! 1 ! 1 B. RESCHEDULE ASSESSMENT HEARING - RESOLUTION NO. 4090 Peterson moved, Goetten seconded, to adopt Resolution No. 4090, rescheduling the public hearing on the proposed assessment for the Shoreline/Heritage sanitary sewer project to June 29, 1998 at 7:00 p.m. Vote: Ayes 5, Nays 0. Kelley questioned why the hearing was scheduled for June 29,1998 at a special meeting instead of at the regular June 22 meeting. Jabbour responded that the June 22 meeting would not meet the publication requirements. Gappa added that the City would like to award the contract before July so wv aid like to reschedule the hearing earlier than the regular meeting of July 13. Jabbour suggested a joint work session with Planning Commission prior to the public hearing. (#2) SAGA HILL PARK ACCESS INFORMATION MEETING Jabbour explained the purpose of the meeting was to discuss acquiring access to the park. He gave a brief history of the project. The neighbors requested that the City acquire a tax forfeit parcel in the area for a park. At the same time, there were several parcels of land for sale that the neighbors felt they could acquire by fund raising and potential grants from the DNR. Several months later. Mayor Jabbour and Park Commissioner McMillan met with the neighbois to e.xplain the status of the project. As a result of the meeting, the City actively pursued the purchase of the tax forfeit property and acquired it from Hennepin County. At the time the City Council decided to move ahead to acquire the tax forfeit parcel, the Council made it clear that the property could be used in a more active way than a natural area. The neighbors then successfiilly raised two-thirds of the cost of the other parcels, and these were acquired also. There were deed restrictions on the parcels acquired with the DNR grant, which three of the Council Members were concerned about. The neighbors recently asked the City to endorse a second grant request from the DNR. A condition of that grant request was that access to the park be resolved. Mayor Jabbour and Council Member Flint have met with members of the Church to discuss access issues. The City felt a good option for park access was through the Church property. However, the Church does not want to be put in a position which would conflict with any of the neighbors. Moorse presented several alternatives for accessing the park. 1. Construct a road that uses the Garden Lane right-of-way, with a parking lot on the park property. Advantages are that a public right-of-way would be used and the parking lot would be placed on existing public land. Disadvantages include construction of an expensive roadway that would change the character of the area; it could encourage development that may not happen without the City building the roadway. Also, existing park land would be used for a parking lot. The estimated cost of the roadway is $ 100,000. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 1 (^2) Saga Hill Park Access Information Meeting - continued 2. Use the existing 10' wide alleyway to create a pedestrian access or a one-way in/out access to a parking lot. The only advantage would be the use of an existing right-of- way. A disadvantage is that the access runs through the middle of the Church property and the Valek property and makes both properties less useable. The 10' width limits what could be done within the easement. The estimate for a 10' wide bituminous trail/driveway along this easement is $30,000. 3. Reconfigure the easement on the Church property so that access would be along the east property line instead of through the middle of the Church property. Some advantages are that the Church property would be more useable without an easement running through the middle, and access would be less expensive than using the Garden Lane right-of-way. Disadvantages are the cost of constructing a public roadway and constructing a new parking lot. The cost of the roadway would be approximately $30,000. 4. Expand the existing Church parking lot to accommodate the uses of the park area and construct a pedestrian trail into the park in a location with the least impact on the Church property. The advantages are that a trail would be constructed rather than a roadway, and a parking lot would not be constructed on park property. The disadvantages are that the Church parking lot is a significant distance from the park, and expanding the Church parking lot would impact the useability of the Church property. Flint asked about another option which would be to acquire the Church property. Jabbour responded that he had asked staff to omit this option until further discussions with the Church take place. Jabbour asked for comments from the neighborhood. Chuck Boehm, 997 Wildhurst Trail, questioned how many people would really use the park since there is already a large area of open space, and why the City wants to spend more money oil the park. He felt the area should be left as natural as it is. He also asked how the City would direct people to find the park. Jabbour responded that Orono is served by four school districts. The City has been working on providing amenities for areas served by the Orono school district. The City has the responsibility to provide services to children in the other school districts a^ well. Two areas currently being considered for parks are in the Saga Hill area and near the Dairy Queen in Navarre. The vision for Saga Hill is that it would be a neighborhood park with some active area. The park is owned by the City of Orono for use by all residents. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#2) Saga Hill Park Access Information Meeting - continued Boehm commented that he has seen few users of the Fagemess Point park and didn't think a park by the Dairy Queen would get much use. Lyle Kasprick, 1067 Linden Lane, stated that he understood that if the land had remained as open space without being purchased by the City and neighborhood, it would have been developed with housing at some point. Brian Peterson, 1100 North Shore Drive, asked if a study had been done regarding the need for a park. Jabbour responded that 25% of the households had been polled. The results indicated that open space and trails was the highest priority followed by ballfields with some amenities. Peterson commented that a number of Mound-Westonka fields were not being used and questioned the need for a park. Jabbour responded that there is a need and the City has been asked by the girls’ softball group to use fields. Flint added that he has served on the Park Commission for 10 to 12 years. The Park Commission has its greatest pressure from organized teams who wish to use ballfields. The City has responded by severely limiting the use of neighborhood parks by organized teams; i.e. Bederwood Park can be used by organized teams three nights per week. Orono's philosophy on parks is to protect open space as land is developed. However, there is an increased need for more formal parks. The Saga Hill area was initially brought forward by the neighbors, and the Park Commission has subsequently identified this area as a neighborhood park and open space area. He noted that it is irresponsible of the City to move forward with park plans without access issues being resolved. He reiterated that a condition of the last DNR grant request was that access be secured to the park. Peterson commented that the type of park development would determine the access needs. He asked about the City's master plan. Jabbour responded that no master plan existed at this time, only to gain access to the park. He felt a 20' wide access to the park would work, or acquiring the Church property if the Church was interested in selling. Another option would be to relocate the easement and create a buildable lot. He also thought construction of a road on Garden Lane would be closer to $200,000 than $100,000, and would accelerate development of the area. Flint responded to the question about a master plan, stating that there was not a plan as to where swings and a ballfield would be located. The neighborhood is involved with those plans as a park develops, like the Ciy’stal Bay and Antoinne parks. He added that there is a plan for one parcel vs. the second. The Mayor requested that staff make an overhead to show the two parcels. rtBiTc HViiW r«BCi WKil mm [UiitltliiltltltflCi] iiKtlt] Rinri r«KW*iiK«r«i ramiiri raira itTMt] •notj rti»][•iili«niI4tJ rauu^CtltTil lilllilMlVtJ mm •It] i iltMt ■#!< I tf rtTiifsi rtlirt]niiutBi] ^ Kilt I Rmia ^ntioiiititit mfci Rnvt^ nvim r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#2) Saga Hill Park Access Information Meeting - continued Goetten .hariced Kasprick because she felt *ere were some who did no. understand that there were two separate pieces of property under discussion restrictive Land Trust standards. . „ .. Wildhurs. Trail concurred wth the Mayor that the tax forfeit parcel was the City explore the best combination of uses for the property. Brian Peterson expressed his eoneem over safety issues for» area that cannot be seen from the roadway or netghbonng residences. Department and was told that the area could not be patrolled. Tim Line, 4415 Forest Lake Landing, shared s“PPOrt ^ t^ ''' looked fortvard to using a neighborhood park with his children. Chris Morgan, 1003 Wildhurs. Trail, suggested the City develop access via Garden Lane and it would help his property. Paul Warner, 980 North Shore Drive West, stated *a. he as possible because there are not enough areas like this. He noted there were problems in the area without additional park use. She added her concerns for the safety of children and trafT.c problems. aS wi,y there was no trail currently being used on Garden Lane. L ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#2) Saga Hill Park Access Information Meeting - continued Jabbour stated that the number one issue entrusted to the City Council is the safety and welfare of the public. In discussions with the Church, the need for access by Public Works vehicles, ambulances and fire trucks was discussed. Weiner expressed concern that the City does not have a master plan since it is difficult to decide what kind of access is necessary when the needs to be servieed are not identified. Jabbour responded that the City is planning to get access to the park and develop as a neighborhood park. There is no intention to park any cars on the street. The park would be well identified and visible. The ultimate preference would be to acquire the Church property, but the Church must be comfortable with a sale. The City’s vision is to first gain access to the park, then create a parking lot and playground, and discuss a ballfield. A resident requested a trail or some type of access until the access issue is resolved to keep people off of private property. He suggested improving Garden Lane for a minimal cost to be used this summer. Gary Welsh, 1214 Wildhurst Trail, commended Orono for trying to preserve open space. He suggested developing the area to take care of local needs. He was called by someone who had heard there was going to be ballfields off of Tonkaview Lane used by the Little League. He responded to that person that he had not been at any meetings where such use was discussed and hoped that it was not being considered. Jabbour responded that the City was considering a ballfield on the 9 acre parcel but it would be low profile, no Little League would be scheduled. The Lee Carlson fields and school fields are used by organized teams. Sherokee Use, who lives near Bederwood Park, commented that the City has limited the use of Bedeivvood by any organization to two nights. She has talked with a number of users of Bedeiwood Park. A resident from the Saga Hill area told her that she had no place to take her children to play in the Saga Hill area. Use indicated tliat Bederwood Park was not overused except for the nights of ball games. Welsh read a letter from Lyle Rahn of 1146 Wildhurst Trail supporting the park plan. Jabbour asked for Council input as to the next step to acquire park access. I ' J ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#2) Saga Hill Park Access Information Meeting - continued Kelley stated all options for access should be pursued to see which one is the most feasible and cost- effective for the City. He thought the estimate of $100,000 to develop Garden Lane was low and was not in favor of spending $200,000-300,000 to build a road to access the park. Jabbour favored relocating the easements on the Church property. If the Church were in a non- controversial position, a land swap or shared use of the parking lot would be preferred. Peterson concurred with Jabbour but asked for clarification on the map of the location of the easement to be vacated and the 20' easement which would be used to access the park. Kelley was in favor of vacating the easement along the north and east/west property lines. He was sympathetic to the Valek's situation. Kelley also thought the City should continue to work with the Church. Goetten agreed with the easement vacation. Flint was also opposed to building a road on Garden Lane because it would be too expensive and he did not want to encourage development of the property to the north. Overdevelopment of that property could also cause erosion into the Wildhurst area. In his opinion, relocating the easement is the second best alternative. He would prefer purchasing the Church parking lot for a niunber of reasons. There would be no need for two parking lots. The Church currently uses their property for a ball field when parking is not needed. It would make sense to put a City ballfield in the saipe area. The issue of safety because children are not visible would be addressed with a ballfield in the Church lot. Few trees would need to be cut. If the City could buy the property, the Church could still use the parking lot when it needed to. He felt that it was unfortunate that the Church was in a difficult position with the neighbors. Jabbour noted that the City has considered potentially buying a piece of land to swap with the Church for the parking lot. Goetten agreed with other Council Members and would like to see discussions continue with the Church with the full support of Council. Kelley moved, Goetten seconded, to recommend that City staff, along with the City Attorney and Mayor, work on negotiations with the Church for the best possible access to the property. Vote: Ayes 5, Nays 0. 8 r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#2) Saga Hill Park Access Information Meeting - continued “ Slod •» •>" - Of KeJIey reiterated that he made a broad motion to negotiate with the Church for the best possible A short recess was held. (#3) CONSENT AGENDA APPROVAL OF MINUTES (*#4) REGULAR MEETING OF MAY 26,1998 PARK COMMISSION COMMENTS Commissioner McDermott thanked Council Members for participating in the park tour. He reported on the following items: The Commission has been working with the Native American community on selecting a name for Dickey Park and design plans ^ ’ rtrafreOmno Collar «>' The option of an iceat the Orono Golf Course appears to be too expensive. Wilson IS working on the tree preservation ordinance. Spring Hill trail issues are being discussed. Recycling containers are being supplied at Bederwood Park. nnH ? Parks event will be used for planting perennials Ihhd Cuo b “cir;"‘'and the Gappa is working on new beaeh regulation signs. Storm damage is being addressed. Jabbour asked for a written report on some of the issues brought forward during the Sana Hill ling, such as acreage for open space vs. developed parks, and park needs. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 PLANNING COMMISSION COMMENTS - SANDY SMITH, REPRESENTATIVE Commissioner Smith had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (#5) »^308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS Hi PRELIMINARY SUBDIVISION Moorse reported that the Settlement Agreement proposed by Brook Park Realty addres.ses the initial 20 units but doesn't tie the additional 10 units to the provision of access to County Road 15. The property owners are proposing a number of triggers for the additional 10 units that would not necessarily gain access to County Road 15. The City Attorney has responded that access to County Road 15 is a necessary condition. Bill Gleason, representative of the property owners, stated that he was unaware of the year 2001 date being added as a trigger. Jabbour responded that the City has tried to act in good faith to allow Brook Park to have a building permit prior to the load limits being removed. He understood that a verbal agreement had been reached three meetings ago, and now the landowner is not in agreement. Gleason stated that his understanding was that the road would be connected at some time in the future and the City would use their best efforts to work toward that end. He thought the letter was to be drafted with more specific language regarding what would happen but he was surprised at the addition of the 2001 date when the wording came back from their attorney. Jabbour asked the applicant what he would like Council to do. Gleason requested that the application be tabled for one more meeting and attempt to work on the language. Jabbour commented that if the developer built 10 units in each of the next three years, the project would be complete by 2001 and that date would be irrelevant in the Agreement. Gleason responded that their goal was to build 30 units in one year, and they could still get 20 built this year. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#5) #2308 Brook Park Realty, 3760 Shoreline Drive - continued Jabbour noted the City wishes to work with the applicant and is sensitive to the time issue, but will continue to protect the public health, safety and welfare. Kelley moved, Peterson seconded, to table Application #2308 for Brook Park Realty at the applicant's request, and that there would be a tolling of any tune periods which would otherwise run against the City or the applicant during the continuance periods. Vote: Ayes 5, nays 0. (#6) #2339 JIM RENDER, 1365 TONKAWA ROAD - FINAL PLAT APPROVAL - RESOLUTION NO. 4091 Mr. Render and Mark Gronberg, surveyor, were present. Gaffron reported that the applicant had fulfilled all the conditions of the preliminary plat approval and was now seeking final plat approval. A private road will be constructed that is ending 5' short of the west lot line which forces the City to work with the property owner in the future to continue the road to Birch Lane. The grading plan includes a stormwater pond. The Watershed District originally accepted the plan and later found, under Rule B and because the lot is less than 2 acres, that a permit probably would not have been required. Gaffron explained that a meeting had been held recently with the Watershed District, Mark Gronberg, the City's consulting engineer and staff to discuss general stormwater practices. On some smaller sites, a pond may not be the best solution. Other methods of cleansing stormwater and rate control may be just as effective. NURP ponds require a large area because they require a 10.1 bench for safety purposes. The Walker model NURP pond was developed for 20-40 acre sites. A policy should be developed for the City to handle situations where ponds might be required. Gaffron reported that the existing house is to be removed so a special lot combination will not be required. The three lots each have an established value in excess of $61,250 so the $4,900 maximum park dedication fee per lot will be required. The applicant has requested that he be allowed to do the foundation work for the house on Lot 3 as part of the road grading work because of the pond location. Since there is good access for emergency vehicles from the County road, Gaffron did not think it would be a problem to issue a foundation permit for this lot. r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#6) #2339 Jim Render, 1365 Tonkawa Road - continued Render explained that his application had been removed from the Consent Agenda at the Watershed District's meeting because a permit was not required. A letter was written by the Watershed District to that elTect. The applicant was willing to build a pond if the City required it, but would like it to be smaller. The plan for the current pond takes up almost the same amount of space as the two additional houses. A smaller pond would be aesthetically more pleasing and would allow the houses to be aligned more evenly. Goetten asked how this pond situation could affect future subdivisions. Gaffron responded that a standard was adopted in 1993 as an amendment to the Comp Plan that required NURP ponds in all developments. The Watershed District has a size threshold of 2 acres or 4 lots, below which ponding is not required. The City does not have such a threshold. Gronberg explained some alternatives to a NURP pond that the Watershed District suggested. One option was for a pond that was only 3' deep which would be about half the size of the proposed pond. Another option would be a buffer strip with some grassy swales and rock filters. The applicant would prefer the buffer strip as it is aesthetically more pleasing. Kellogg agreed with Gronberg that the pond was oversized for the site. He thought a smaller or dry NURP pond (one that is wet only after a rainfall) could work. A filter strip with unmowed area between the lake and development could be just as effective and less obtrusive in removing sediment and nutrients. He suggested that the stormwater management plan would be a good place to set some standards for the City in ponding requirements. Jabbour commented that the City is interested in the benefits of sediment removal as well as flooding issues. He was unsure if size of a lot would be a good trigger mechanism to require a pond. Flint commented that enforcement may be a problem. He agreed that the pond may be too large but would work if installed. He thought this could be similar to enforcing hardcover regulations. For example, once an owner started mowing grass and decided he liked it, the unmowed area could disappear. He thought it was reasonable that the Watershed District would not want to regulate areas less than 2 acres or 4 lots, but that left regulation of those areas to the City. Kelley stated that issues regarding ponding on small lots should not be addressed as part of this subdivision, but should be addressed with staff in developing a policy. He felt the applicant should be allowed to propose something smaller and Council could then act on it. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#6) #2339 Jim Render, 1365 Tonkawa Road - continued '">h ‘he City Engineer to develon ™ he'nfJn "d -^^ange oftheTa^ men neon the plat and would move the house 20-30’ further back from the lake. Goetten agreed that Gronberg's proposal was a reasonable option. Sding. basement on Lot 3 at the same time as road Kdley stated he would vote against the proposal, as he did in the preliminary subdivision pp ication, because he was not m favor of granting variances to City road width standards and cul de-sac standards, and the road should be brought all the way to the property Itoe Jabbour moved, Goetten seconded, to approve Resolution No. 4091 granting final plat annroval of he property located at 1 365 Tonkawa Road, on the condition that the applicant and CitTSnler V ork together on modifying the NURP pond and reducing the drainagVeasem»Un hal7fiTm a low the applicant to obtain a building perniit to do the foundation at the same time as road construction. Vote; Ayes 4, Nays 1 . Kelley opposed. Et ""vr - ^r.'-n.u.Y nays. 1 . Kelley opposed as he is not in favor of a duplex at this site. ^ APPnov^l TsSK.^3 “ stormwater plan for this plat has been approved by the Watershed District rulbl f ore available. Approval should be conditioned on the applicant comTeShe punchhsl of,terns listed m the May 22,1998 memo to Dan Anderson including: Standard documents to be filed. park dedication fee to be paid in the amount of $29,400. grading plan to be followed. " private road to be constructed. buffer strips to be created for stormwater runoff. J r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#8) #2341 Dan Anderson, 905 Old Crystal Bay Road South - continued tree, vegetation and woodland preservation easement along the shoreline to be completed. design and construct sewer. The City would have an easement over the sewer and will maintain it once completed. MUSA amendment to be approved by Met Council that adds the northeast shore of Maxwell Bay to the MUSA. The City will have authority over the design and construction of the sewer. Kelley asked if the applicant intended to put the sewer in at the time of road construction. Anderson confirmed that he did. Jabbour asked if the applicant would put in a bigger sewer pipe if the City needed additional capacity. Anderson responded that he did not think that would be a problem. Gaffron will w'ork with the applicant to be sure the pipe is sized for future use. Kelley requested that the pipe in Old Crystal Bay Road be large enough to handle any future expansion north of Fox Street. Anderson asked that the City help with the cost if it became excessive. Jabbour and Kelley agreed that if the pipe were being sized to serve some future area that the City help with excessive costs. Jabbour asked the Public Services Director to look at what sewer pipes will run to Highway 12, and a plan for the next 50 years. Kelley moved, Peterson seconded, to approve Resolution No. 4093 granting final plat approval for the property located at 905 Old Cr> stal Bay Road South, conditioned on completion of the punchlist of items in the May 22,1998 memo from Mike Gaffron to Dan Anderson. Vote: Ayes 5, Nays 0. Council commended Anderson on his work for this subdivision. (#9) #2355 SUSAN & DOUGLAS VAN MOORLEHEM & KEN TURNHAM, 4490 WATERTOWN ROAD - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4094 Mrs. Van Moorlehem was present. Gaffron reported that this request for preliminary plat approval involved one tax parcel with three separate physical areas divided by Watertown Road and McCulley Road. The area has been reduced in area by road needs. The County has taken approximately 2 acres of right-of-way. As part of the McCulley Road construction in 1980, the City made an agreement to allow the 8 acre parcel to be split into two 4-acre parcels. With the recent 2-acre right-of-way acquisition by the County, that lot is now only 6 acres. It would be best to leave this as one lot. Block 1 has an existing house with lot width just under the 300' requirement. The Planning Commission recommend that a lot area variance be granted if the northerly lot has less than 5 acres of dry buildable land. Planning Commission and staff agree that it doesn ’t make sense to take land from across the County Road to r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#9) #2355 Susan & Douglas Van Moorlchem & Ken Turnham, 4490 Watertown Road - continued make up required lot sizes. Blocks 2 and 3 exceed the 5 acre requirement. Septic system sites have been approved on all lots. The existing house has a septic system that needs to be replaced by the year 2007. Hennepin County has agreed to build an access to Block 3 off of Turnham Road. The County will also build a new driveway for Block 2 from McCulley Road with City approval. The existing house will continue to use the existing access. Park dedication fees will be required for Blocks 2 and 3. The Watershed District may require some ponding or an alternative method to deal with stormwater such as buffer strips. The applicant confirmed that she has not yet made an application to the Watershed District. Issues to be resolved include: confirm the dry buildable acreage for Block 1, and determine if a variance could be granted if the dry buildable is less than 5 acres because of the uniqueness of the lot. - review by Kellogg of the vegetative buffer proposal indicating that the rate of runoff will not increase and nutrient removal will be sufficient. Kellogg noted that the current plan needs to be clarified as to nutrient removal. The size of the lots and homes proposed do not substantially increase runoff flows. The proposal will limit off-site runoff to pre-development conditions but does not address sediment and nutrient removal, which a pond would do. The Watershed District would require a variance if a pond was not installed. Kellogg expressed concern that the vegetative buffer strips may not be wide enough in some areas and would be more effective if enlarged. The applicant commented that Blocks 2 and 3 have no proposed development. The subdivision is being done to separate the lots for tax purposes within the family. Kelley commented that the hardship has not been created by the applicant but by the City and County. He felt the runoff on this property would be caused by the roads rather than the house. Anything the City can do to help the applicant with hardcover and runoff issues should be done. He questioned if the County had taken appropriate measures for their runoff. Jabbour responded that the County had to abide by the same rules as other agencies regarding runoff. Gaffron added that in the approval process, the Watershed District took into account that the road was linear and it didn t make sense to create ponds for the additional 6-8' of road width. Goetten asked if the applicant needed to apply to the Watershed District at this time. Jabbour responded that the subdivision triggered the Watershed District’s involvement. It would also be best to complete the subdivision while the current Council was familiar with the circumstances. Kelley moved, Flint seconded, to approve Resolution No. 4094 granting preliminary plat approval for the property located at 4490 Watertown Road. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 » (#10) #2363 WILLIAM BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES Mr. Bockmann and his son were present. Van Zomeren explained that this application was for multiple variances to tear down and rebuild a residence. At their May 26 meeting, Council approved lot area and average lakeshore setback variances, and denied hardcover and side yard adjacent to street variances. The applicant was directed to maintain hardcover at 25% by eliminating the third stall garage and driveway leading to it. The applicant modified his pioposal and is seeking Council approval. Barrett confirmed that a Council Member who voted in the affirmative at the May 26 meeting would have to move to reconsider the application. Goetten stated she was unprepared to vote on the new proposal as it was not included with information prior to the meeting. Peterson moved, Jabbour seconded, to reconsider Application #2363 requesting variances for the property located at 1130 Loma Linda Avenue. Vote: Ayes 3, Nays 2. Goetten and Flint opposed. Goetten stated it was not proper to bring changes to a meeting without review. She suggested tabling the review. Van Zomeren continued that the resolution in the staff report was drafted to maintain a 35' side yard # setback adjacent to street and hardcover at 25% or less. The current plan meets 25% hardcover but to do that, there is an S'/i' encroachment into the side yard adjacent to street. The average lakeshore setback is reduced from 8' to 5'. A lot area variance is still required. Jabbour reiterated that designs should not take place during a Council meeting. A plan should be submitted prior to the meeting. Council acted on the previous proposal at the applicant's request. Bockmann responded that he was doing his own design. They have done what Council has asked and are now under 25% hardcover. Jabbour and Peterson agreed that they were not prepared to act on the current proposal. Flint questioned if there was a problem with the time limit. Barrett responded that a count should be made from the time of the original application and if there is a problem, staff should send a letter of extension because of the reconsideration of the application. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#10) #2363 William Beckmann, 1130 Loma Linda Avenue - Variances - continued Kelley did not feel Planning Commission should be asked to review the new proposal as it is less restrictive than what Planning Commission originally reviewed. Peterson agreed. Peterson moved, Goetten seconded, to table Application #2363 to provide staff an opportunity to present a new report to Council on the revised plan. Ayes 5, Nays 0. (#11) #2366 PETER LANPHER, 1359 PARK DRIVE - VARIANCES - RESOLUTION NO. 4095 Mr. and Mrs. Lanpher were present. Van Zomeren distributed photos of the subject property and explained that the application was for variances to allow a deck, pool and shed to remain after being replaced following storm damage in 1997 The deck and pool require average lakeshore setback, hardcover, and oversized accessory structure setback variances. The shed requires a side yard setback variance. A structural lot coverage variance is also required for the deck, pool and shed. No changes m hardcover are proposed in the 0-75' setback. Hardcover in the 75-250’ zone was at 52% to the storm and is the same after replacement. Hardcover is under the 30% limitation m the 250 500 setback. The Planning Commission recommended approval of the variances as requested. The applicant added that the house was constructed in 1968. The pool was constructed without a permit in 1972 and was granted a variance in 1976. Hardcover ordinances began m 1975. He no e there have been discrepancies in survey measurements from the lot lines over the years. His lot is made up of three vacated streets and two narrow parcels. Goetten asked if this was an after-the-fact request. Van Zomeren responded that it has become an after-the-fact variance because when the applicant started repairs, the contractor and insurance company were not aware that it would be a complete replacement. She initially talked with the applicant in the fall of 1997, the application was filed April 20,1998. Lanpher confirmed that he had applied for a building permit, but it had not been issued because of the variance request. Goetten questioned the surveys included in the staff report as there was not a current survey. Van Zomeren responded that the current survey was to be Exhibit R but only the legal description was copied. Kelley asked for clarification of the City policy for storm damage. Gappa confimed that if a structure is more than 75% destroyed, a variance would be required for replacement if the property was legally non-conforming. A building permit would be requited for repairs. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#11) #2366 Peter Lanpher, 1359 Park Drive - continued Goetten stated that if the applicant had applied for a variance for replacement, Council may not have agreed to total replacement because they were at 52% hardcover. Lanpher felt it was unfair to refuse the replacement as he bought the property "as is". Van Zomeren explained that the Building Department became aware of the pool replacement and had advised the applicant that he would need a variance. The deck and shed had already been completed. She expressed concern that similar situations will result from the recent storm. Property owners are not always aware of the extent of damage as they begin repairs. Jabbour agreed vrith Goetten that if the proposal had been reviewed from the start, a reduction in hardcover would probably have been required. Peterson questioned punishing a homeowner when property is purchased "as is", and then is told that he can't replace storm damage. She did not think everyone in the City was educated about building permit requirements. Goetten disagreed. Jabbour moved, Peterson seconded, to adopt the Planning Commission recommendation for Resolution No. 4095 granting variances to the property located at 1359 Park Drive, noting that there will be no additional variances granted for the site; and applicant to be on notice that if anything gets removed, the likelihood of replacement will be difficult. Peterson confirmed that the stairway to the lake will be allowed because the Zoning Code allows a limited stairway. Goetten asked if after-the-fact double fees would be required. Peterson amended the motion to include double fees for both the building permit fee and zoning application fee. Vote: Ayes 4, Nays 1. Goetten opposed. 18 mum r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#12) #2372 BARRY HAGLUND, 4590 NORTH ARM DRIVE WEST - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4096 Mr. and Mrs. Haglund were present. Gaffron explained that the request was for a two lot plat of a five acre parcel on North Arm Lane. North Arm Lane is a 33 ’ corridor owned by the Armstrongs that the City has maintained as a gravel road for 30 or more years. The City has the right to the gravel portion they have maintained and some right-of-way, but probably not the entire 33'. The City may want to rebuild the road to City standards at some time in the future. Therefore, the applicant should be asked to dedicate additional right-of-way for the road. The applicant will need to get an easement from the Armstrongs for the second lot to gain access to the City's portion of the road. Additional right-of-way should be granted at the intersection of North Arm Drive and North Arm Lane. A temporary easement for a cul-de-sac at the north end of North Arm Lane should also be granted. There are stormwater issues and ponding may be required. Currently the City wetland maps and National Wetland Inventory do not indicate any wetlands, but there is a low area that may be delineated as a wetland. A park dedication fee will be due for the second lot. Gaffi-on suggested Council discuss the future vision of North Arm Lane. Staff recommended the following: right-of-way dedications as discussed. City should pursue formal acquisition of the 33' corridor of North Arm Lane, approval of the preliminary plat. Barry Haglund added that it appears the Armstrongs will sign off for an easement. He asked for clarification on the ponding issue. Gaffron responded that the applicant should talk to his surveyor and work to make an application to the Watershed District. Jabbour asked if the City had a request for a pond. Gaffron responded that the City Engineer has rcvievved the proposal and would like to see a pond. In looking at the overall stormwater plan for the City, there are some future ponds proposed in the vicinity that would catch runoff from the surrounding area and may help with drainage from this subdivision. If that were the case, a pond may not be necessary as part of this subdivision application. Gaffron questioned if the proposed ponds would ever be constructed. Jabbour asked if staff envisioned collecting fees for smaller subdivisions that could be used toward the development of greater ponds. Gaffron replied that it would make sense to consider this type of fee. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#12) #2372 BARRY HAGLUND, 4590 NORTH ARM DRIVE WEST - continued Kellev suEBested possible stormwater management fees similar to park dedieation fees^ He ^so felt the cL should actively work on obtaining North Arm Lane as a City road. If the road needs to u^g^lf o"^ -he Armstrongs, property owners on both sides of the road could be assessed. hhhntir did not want to make the applicant wait for the City to complete the road acquisition arid upgrade process. Kelley did not object to the applicant obtaining the necessary easemen s o cLpIete his subdivision while the City pursues the road issues. Goetten asked if North Arm Lane was a public or private road. Gaffron explained that the City has a prescriptive easement over approximately 15' of the gravel road. Janiece Haglund asked for clarification of the triangular piece the City is requesting at North l^e »d N o T/^ Drive. Gaffron explained that it is needed for righwf^way to a » ^ intersection. Approximately 50' of right-of-way is being requested. Dedication for rig y along North Arm Drive is also being requested. Janiece Haglund expressed concern about screening auhe comer if the City makes road improvements at the comer. Gappa responded that the City P as much as possible providing the sight lines are maintained. as or better than what currently leaves the site to get a vanance from the Watershed pu ’t a pond on the site. Kellogg recommended that a pond be installed because the site lends its to a pond, as opposed to the previous application where the lot was sma er. Flint asked about the status of North Arm Lane being either rural or urban. Gaffron to^ponded Aat t ^ m tVip T R 1A district which is a 2 acre lakcshore zone but not provi InSTuti ties m road be urban if considering the lakeshore district, but rural rn ”r b“of t!« 2rere ^ size. Flint asked if the City would extend North Arm Lane rn he future. Gaffron responded that North Arm Lane turns into a driveway serving the prope y north. There is a potential that the Armstrongs could sell or develop their property into acre which could be accessed off of North Arm Lane. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#12) #2372 BARRY HAGLUND, 4590 NORTH ARM DRIVE WEST - continued Jabbour commented that the City could not stop maintaining North Arm ^ abandoning the road and would leave some of the property ovjmers landlocked Fl'"‘ sure that the City is not encouraging development to the north by upgrading the road. Janiece Haglund asked how long the process with the Watershed District would take. Gappa responded diat it would be a minimum of 30 days after filing the apphcatmn. Jabbour added tha any subdivision application requires review by the Watershed District. The roa issues wi delay the subdivision application. Janiece Haglund asked if they were not able to acquire the easement from the Armstrongs, if *e subdivision would be denied. Jabbour responded that the subdivision could be done could obtain access to the road. An outlot could be created, although this would not be desirabl . Goetten moved, Peterson seconded, to adopt Resolution No. 4096 grating preliminary subdivision approval for the property located at 4590 North Arm Drive West. Vote. Ayes 5, nays . (##13) ##2373 STEVE BECK, 2795 SHADYWOOD ROAD - VARIANCE Mr. Beck was present. Van Zomeren distributed pictures of the property and reported that the request \\ as for a hardcover variance to construct a lakeside deck away from the channel. annroval of the hardcover variance on a 3 to 2 vote. The resolution is drafted to allow 4,022 s.f. ol hmdcover or 43.48% in the 0-75' zone, and 3,672 s.f. or 39.7% in the 75-250' zone. Planning Commission recommended removal of 40 s.f. from the sport court. Beck noted the hardships for the lot include the difficult setbacks and channel noise which is Lnoyl^S^Tto the family. The proposed deck is only T wide under a 2' overhang. Flowers wall be planted beneath the deck. Goenen commented that 40 s.f of removal was not enough to exchange for the deck. She would be willing to vote for the deck if an equal amount of hardcover was removed. Jabbour asked if the improvements to the property were legally non-conforming. y » ^e^ sSedLre is no requireLnt for a building permit for the sport com. She could not confirm that it was legally non-conforming from the information m the street file. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#13) #2373 Steve Beck, 2795 Shadywood Road-Variance Continued Jabbour asked if the City could require permits for driveways, sport courts, etc. He thought that property owners may be getting a message that hardcover can be put down and then removed to get an improvement approved. Gaffron noted that permits haven’t been required in the past for flat surfaces. Property owners are informed that if they add hardcover, it could become an issue in the future. Gaffron added that there would be more variance applications if permits were required for all hardcover. Barrett confirmed that the sport court use is conforming but it does not conform to the hardcover ordinance. Jabbour asked if the applicant was willing to remove the sport court. Peterson asked about removal of the shed. Kelley calculated the shed to be at 140 s.f. of hardcover. The proposed deck is at 387 s.f. Goetten reiterated that she would like to see an equal trade-off for hardcover. Jabbour, Flint and Kelley concurred. Peterson questioned where additional hardcover could be removed. Goetten thought some possibilities would be the driveway, shed and/or sport court. Beck asked if removing 200 s.f. would be acceptable because it would leave the court useable for basketball. Kelley suggested the possibility of moving the basketball hoop to the driveway. Van Zomeren noted the time limit was approaching as the application was filed April 22. Goetten moved, Kelley seconded, to amend the proposed resolution approving a lakeside deck for the property located at 2795 Shadywood Road, conditioned upon the applicant working with staff to remove hardcover equal to the size of the deck or reduce the size of the deck to have no increase in hardcover. The amended resolution will require Council approval. Vote; Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Jabbour reported that the DNR and LMCD requested that he testify before the LCMR on June 9 to try to get a grant for the DNR for future public access to Lake Minnetonka. He will support their request. Goetten asked for details of the June 24 meeting with Hennepin Parks to tour Big Island. Moorse responded that the meeting would be from 3:30 - 5:30 p.m. Six or seven Hennepin Park Commissioners will attend as well as a couple of their staff. The group will meet at Jabbour’s home. The boat will accommodate up to 25 people. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 MAYOR/COUNCIL REPORT - continued Kelley thanked the Police Chief and City Administrator for providing the storm report. He asked which of the recommendations have the highest priority. He noted that cell phones did not work because the power was out. Moorse responded that most of the items can be addressed by staff. The emergency sirens cost approximately $15,000 each and will be brought to the 1999 budget process. The current radio system was a benefit as both the Public Works Department and Police Department use the same radio system, and they communicate on a local channel. Minnetonka Beach, Spring Park and Long Lake are also on the same channel. In the future, if the Police Department goes to 800 trunk radios, the Public Works Department should also purchase those radios to facilitate communication. Goetten questioned the need for someone in the EOC who has authority to issue Purchase Orders as she thought that was a Red Cross responsibility. Moorse responded that Purchase Orders are needed by City staff for equipment such as barricades. It may be beneficial to have someone from Finance or Administration in the EOC for such purposes rather than relying on phone lines. Peterson asked how often the emergency policies and procedures manual is updated. Moorse responded that a new procedure has already been established and put in place for City Hall. Kelley stated that procedures should also be established for when to close a meeting being held in the Council Chambers. He had attended the Planning Commission meeting the following Monday when severe weather was also reported and felt the meeting should have been stopped. Gaffron responded that the weather alert radio went off several times throughout the meeting for a number of areas throughout Minnesota and into Wisconsin. The emergency shelter is the Police Department. The Copy Room in the Administration Offices is the second alternative when there is an evening meeting. Gaffron added that the meeting was interrupted while participants went to the Copy Room. Van Zomeren added that some of those attending the meeting went outside to watch the sky. Flint suggested the City encourage NSP to continue burying more of their lines. Kelley stated he was not in favor of the tree preservation ordinance and questioned how much time Park Commissioner Wilson would put into work on the ordinance. He felt there was an inherent process for homeowners to plant trees on their property, and questioned if it was necessary for the City to dictate to developers what should be planted. Park Commission Chair McDermott commented that renewed work on the tree preservation ordinance was a response to the recent Carpenter property subdivision. He added that the ordinance was more for preserving existing trees than mandating a certain number of trees be required in new developments. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 MAYOR/COUNCIL REPORT - continued Kelley requested an outline of the tree preservation ordinance before too much time is spent on its development since he is not in favor of adopting such zx> ordinance. Kelley requested that staff follow-up on storm damage procedure so that both Council and Orono's citizens understand the process. Goetten referred to the procedure of the storms in 1989. Gaffron responded that emergency repairs were allowed in 1989 but as a result there were improvements that probably should not have been done the way they were. Kelley added that there were many citizens who did not know the proper procedure to follow. Moorse reported that the Building Inspection staff left fliers in the worst hit eireas about storm damage procedures. Goetten asked where the worst damage was reported. Staff responded that Casco Point and Baldur Park Road were two of the areas. Kelley asked for clarification of the Watershed District's Rule B. Gaffron responded that the rule exempts subdivisions with 4 houses or less, or 2 acres or less. Kelley was not in favor of the rule. Gaffron noted that there are some conf icts within the Watershed Board and revisions are proposed for Rule B. Flint referred to the memo from the City Administrator regarding the update of the City's Comprehensive Plan. He asked that tlie information about parks, open space and trails be expanded, such as definitions of the kinds of parks and the inventory of existing parks. Flint also asked for a list of the internal numbers for staff. Moorse responded that there is only one after hours number until the new phone system is complete. Jabbour requested that the City Administrator send a letter to the city of Plymouth thanking them for hosting the joint me.'ting, and indicating the City is excited about working on the joint Femdale Road project. Kellogg commented that he sent a letter to Plymouth regarding preliminary plans, which should be reaay the week of July 20. The engineers hope to be able to follow the schedule as proposed in the f;asibility report. ENGINEER REPORT (#14) SAFE ASSURE SAFETY PROGRAM Gappa explained that the 14 lake area cities have been working together on cooperative services such as OSHA regulations and safety training. The cities have met with representatives of Safe Assure and are comfortable with having this firm do joint safety training for the 14 cities. Each city wall have a program where they are given safety manuals with simulated OSHA inspections on an annual basis. By having all the cities participate, the costs are reduced. Orono's cost wall be $3,325.50 per year and is based on the size of the city. r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#14) Safe Assure Safety Program - continued Kelley asked if the City was subject to OSHA. Gappa responded that the City is subject to OSHA regulations. Jabbour moved, Kelley seconded, to authorize approval of the contract with Safe Assure Consultant for an annual cost of $3,325.50 for conducting safety training and preparation of the related written programs and documentation. Peterson asked if the program would be reviewed and other vendors considered. Gappa responded that the program would be reviewed yearly before renewing. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT (#15) CITY ASSESSOR'S CONTRACT Moorse reported that Rolf Erickson has informed the City that he would not renew his contract in September. Because of the economy, his employees have been leaving to pursue better opportunities, and a few of the employees have decided not to continue working in the appraisal business. Rather than trying to replace his staff, he has decided not to renew his assessing contract with Orono or Shorewood. Both Goetten and Jabbour would prefer not to use the County to provide assessing services. Flint suggested trying to encourage Erickson to stay with the City. Moorse suggested having Erickson attend a Council meeting to answer Council questions. Goetten moved, Peterson seconded, to authorize staff to begin the process of obtaining a new provider for property assessment services. Vote: Ayes 5, Nays 0. (#16) REQUEST FOR CONTRIBUTION TO MAPLE PLAIN FIRE DEPARTMENT FOR THE PURCHASE OF AN IRIS RESCUE MASK Jabbour moved, Kelley seconded, to contribute $1,800 to the Maple Plain Volunteer Fire Department for the purchase of an IRIS rescue mask. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (#17) MULTI-CITY PLANNING FOR SKATEBOARD PARK Council Members agreed that there was not sufficient need for Orono to participate in multi-city planning for a skateboard park. (#18) REQUEST FOR PAYMENT - LONG LAKE FIRE DEPARTMENT - PURCHASE OF NEW FIRE VEHICLE Moorse explained that payment of an invoice is being requested for replacement of an old pickup truck for the Long Lake Fire Department. Kelley asked what the purchase price of the entire truck is. Moorse responded that bid was for $28,082.00. An additional $20,000 will be needed for radios, sirens and equipment. Peterson asked what the projected life of the truck would be. Moorse responded that it would be about 20 years as the current truck is about 20 years old. Goetten moved, Peterson seconded, to authorize payment of the invoice for the pickup truck in the amount of $19,725.00 from the Fire Vehicle account of the City's Improvement and Equipment Outlay Fund, and to amend the 1998 budget to reflect this expenditure. (*#19) EXTEND LEAVE OF ABSENCE FOR MARK THOMTON Flint moved, Peterson seconded, to authorize the City Administrator to extend Officer Thornton's current leave of absence without pay to coincide with his Family and Medical Leave Act leave. Vote: Ayes 5, Nays 0. (*#20) STEP ADJUSTMENT - KRIS KNOLLENBERG Flint moved, Peterson seconded, to approve a pay adjustment for Kris Knollenberg to Step III of Level 4 of the City's pay schedule, effective June 9, 1998. Vote: Ayes 5, Nays 0. (*#21) SPECIAL ASSESSMENT DEFERRAL RENEWAL - REAPPLICATION FROM STUBBS BAY SANITARY SEWER PROJECT - RESOLUTION NO. 4097 Flint moved, Peterson seconded, to adopt Resolution No. 4097 approving the reapplication of special assessment deferment for Patty Lou Clapp. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 8,1998 (21 A) TEMPORARY APPOINTMENT OF OFFICER CHRIS FISCHER TO A FULL-TIME POLICE OFFICER SCHEDULE Moorse explained that this temporary appointment is a result of the extended leave of Officer Mark Thornton. Chris Fischer was appointed to a part-time officer position in February of 1998 and has completed his field training. Moorse confirmed that the Police Chief was also recommending the appointment. Peterson moved, Goetten seconded, to approve the temporary appointment of Officer Chris Fischer to a full-time police officer schedule at the Step 1, Full-Time Police Officer pay rate of $13.72 per hour with full benefits effective June 8, 1998 through October 1, 1998, subject to review based on the employment status of Officer Mark Thornton. Vote: Ayes 5, Nays 0. Moorse asked Council to consider a joint Planning Commission/Council work session to be held in conjunction with the June 29 Council meeting for the Shoreline Drive/Heritage Drive and Lane public hearing. Another item for discussion would be the Park Land Company development proposal. Council was in agreement. (*#22) LICENSES There were no licenses. (*#23) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett requested an Executive Session. ADJOURNMENT Peterson moved, Flint seconded, to adjourn the meeting at 11 :28 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor ^ ^ --- ■ COUNCIL MEETING JUN 1 9 1998 REQUEST FOR COUNCIL ACTION Qp ORONO DATE: June 19,1998 ITEM NO = 3 Department Approval; Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item DescripHon: Brook Park Realty - Request for PRD and Class III Preliminary Subdivision at 3760 Shoreline Drive At the June 8,1998 City Council meeting. Bill Gleason of Brook Park Realty requested the Council continue action on the Brook Park Realty application to provide time for him to determine whether the owners of the property would agree to a resolution that includes the provision of access to County Road 15 as a condition of constructing the last 10 of 30 units. In a conversation with Bill Gleason on June 9, he indicated the property owners will not agree to the County Road 15 access condition unless they are sure the owners of the two properties to the west are willing to develop with an access to County Road 15 within an acceptable timeframe. In a later conversation. Bill Gleason indicated the owner of the second property to the west is jnterested in developing with an access to County Road 15. However they had not, at that Ume, been able to contact the owner of the property directly to the west. Staff has not been able to obtain a further update from Mr. Gleason at the time of the writing of this memo. COUNCIL ACTION REQUESTED: To be determined based on Brook Park Realty ’s position at the meeting. COUNCIL MEETING JUN 1 9 1998 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: June 18, 1998 ITEM NO.: ^ Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Adminisfator Administrator Reviewed:Agenda Section: Zoning Item Description:#2363 William Bockmann 1130 Loma Linda Avenue Variances - Resolution - Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 19,065 sq. ft. (.44 acres) Application: The applicants were instructed at previous Council meetings on May 26 and June 8 to reduce the size of the proposed residence to conform to side yard adjacent to sf. et setback, and 25% hardcover in the 75-250' setback. The applicants were also advised to reduce the size of the proposed garage. The applicants have proposed a new residence that meets the 25 % hardcover requirements and are requesting a side yard adjacent to street setback variance to allow the garage to be located 26.5 from Loma Linda Avenue, to allow an average lakeshore setback variance to encroach no more than 5 ’ at the southeast comer of the proposed residence, and to allow a lot area variar 'e to rebuild on an existing lot that is .44 acres where 1 acre is required. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution.I n CITY OF ORONO ZONING APPLICATION WORKSHEET BUILDING AND ZONING ADMINISTRATION Application #2363 Zoning Classification Lot Requirements LR-IB Lot Size Table Lot Area Lot Width Lakeside Yard Side Yard Street Yard LR-IB Required 1 acre 100’75'10’ 35' adj. to street 35' Proposed .44 acre 125'atOHWL 11 r at 75' setback 80' approx.26.5’47’ Structural Coverag e Total Lot Size Total Structural Coverage Percentage 19,065 sq. ft. (.44 acre) 4,766.25 sq. ft. (15%) 1,810.87 sq. ft. (9.49%) Hardcover Distance from Shoreline Total Area in Setback 1 Existing Hardcover 1 Allowed Hanicover Proposed Hardcover Variance Requested 0’-75’8,542 sq. ft.None None None None 75’-250’10,523 sq. ft.—2,630 sq. ft. (25%) 2,584.4 sq. ft. (24.56%) None Notes:To reduce hardcover, applicant is asking for setback variance from Loma Linda Avenue. * §1 < s ™ ^ .• (/» 9 V 4 § K ^ 5 tH Aas -* .„S' ? I i ■ I-1 ”S ^ 5 r. ^ 40 / LOMA LINDA EAST AVENUp; 216.00 / / / 128.50 42i- / A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.56, SUBDIVISION 16 (C, 6) FILE #2363 I • WHEREAS, William H. Bockmann (hereinafter "the applicant") is owner of the 11 and 12, l.oma Linda, Hennepin County, Minnesota (hereinafter "the property"); .„ WHEREAS, after due published notice and mailed notice in accordance with CoTr^ksTo Planning Codes, the Orono Planning Commission held a public heanng on April 20 and May 18, 1998, at which times all persons ^sinng to be heard concerning this application were given the opportunity to speak thereon; • r- ^ whereas, the applicant has applied to the City for variances to Municipal fo 2; Section 10.24, Subdivision 5 (B), and SectL 10.56, Subdivision 16 (C, 6) to permit construction of a new residence where variances are h ^8 forward of the average lakeshore setback at the southeast comer, to and required side yard adjacent to a street where a 26.5' setback is proposed where 2 6Ts^ft^T4^ of hardcover in the 75-250^eLck Minnesota:NOW, THEREFORE, EE IT RESOLVED by the City Council of Orono. Page 1 of 5 FINDINGS This application was reviewed as Zoning File #2363. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .44 acres or 19,065 sq. ft. The Planning Commission reviewed this application on April 20 and May 18, 1998, and recommended approval on a vote of 5 to 0 for all variances requested. The Planning Commission made the following findings of fact: The subject property does not meet the minimum lot area requirement for the LR-IB zoning district. B. The property is bounded by a service road on the west side that technically is the front yard and Loma Linda Avenue on the north that is the side yard adjacent to a street. C. A well on the property limits the location of new construction. D. F. The proposed residence is less than the allowed structural coverage permitted. The proposed residence complies with the 75' lakeshore setback and will not interfere with lakeviews of adjacent residences. Page 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances vv'ould 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2; and Section 10.56, Subdivision 16 (C, 6) to permit the proposed residence to encroach 5' forward of the average lakeshore setback at the southeast comer, to allow the new residence to be located 26.5 from Loma Linda Avenue where 35’ is required, to allow 2,584.4 sq. ft. (24.56%) hardcover in the 75-250' setback where 2,630 sq. ft. (25%) is allowed on a lot that is 19,()65 sq. ft. (.44 acres) where 1 acre is required. Approval was subject to the following conditions: 1. Hardcover in the 75-250' setback not to exceed 2,630 sq. ft. (25%). 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 22, 1999). Page 3 of 5 } I 3.Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The imdersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi:'day of , 199 _before me a Notary Public within and for said coimty, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) 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 Ycrr-'iTVr.'*!**- ----ri ■ -rmi*Ti'»n-frT^iriir»i ■ nti •'kk. r * (■ ♦r*. r** t 1 1 I, f (O'3 '^^ eAST (5L8 ‘U><'I/oV (/>' :'r;; ii rr‘. >' ;'\rir : - c ;v<. : !*;• * X • •'• •:; : ..' .• '.y' ' ► ^ •i:-.' v-t .* ,.'..iiVliilfiiisii iiiiiii:.i|| ■."2zjSZC wte r*1^11iisiiiii ;r<:i&MM SOOlM ZFLEU^lloW COUNCIL MESTINO JUN I9 1998 cny c- onoNO request for council action DATE: June 16, 1998 ITEM NO.: ^ Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2373 Steve R and Peggy A Beck 2795 Shadywood Road Orono MN 55391 Variance - Resolution - Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 34,500 sq. ft. (.79 acres) Application: The applicants proposed constructing a <*eck on the lakesi^ :;*:“d^St"e channel. At the City Counc.l meeting on May 26, 1998 the jphean^^^ 38/ sq. ft. from the sport court. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22 SUED. 2 AND SECTION 10.56 SUED. 16 (L) 1 AND 2 FILE NO. #2373 WHEREAS, Steven R. and Peggy A. Beck (hereinafter "the applicants") are the owners of the property located at 2795 Shady'wood Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A and B, Registered Land Survey No. 500, files of Registrar of Titles, County of Hennepin, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 18, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipai Zoning Code Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) 1 and 2 to permit construction of a lakeside deck as proposed in Exhibit A as prepared by Coffin and Gronberg on August 27, 1997 as revised October 30, 1997, April 22, 1998, and June 15, 1998, where 4,818 sq. ft. (19.08%) hardcover exists in the 0-75' setback where none is allowed and is proposed, and where 3,672 sq. ft. (39.70%) exists in the 75-250' setback where 2,312.5 sq. ft. (25%) is allowed and is proposed. Minnesota: 1. 2. NOW, THEREFORE, BE IT RESOLVED by the City Couneil of Orono, FINDINGS This application was reviewed as Zoning File #2373. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq. ft. minimum lot area is required. The property consists of .79 acre or 34,500 sq. ft. Page 1 of 5 Mira M«ra »iTt] ^ira ^•TnTiHjTJlK CTira lijiTtnfra iilMt wTmuMMWij rtTiKt]nhiira^ara Miitnira MiirtVira nrsiiira FnTiMilltHtjVi rtHt ruii»RTiTiH9« MiHMiira M1V«ram Mira nniTti 2. 1. The applicant is to remove an equal a;nount of hardcover from the sport court as proposed in the new deck. The aj>.ount of hardcover to be removed is 387.2 sq. ft., with the sport court reduced to 22' x 23.4 as shown in Exhibit A. To advise the applicants and all future property owners that future requests for hardcover variances wilt not receive favorable consideration. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 22, 1999). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Cii^ Council of the City of Orono, Minnesota at a regular meeting held on the 22th day of June, 1998. ATTEST: 5. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 5 .fr STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Notary Public 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) executec- tiie same as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this day of _, 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 I.*.«♦ CERnFICKTE OF SURVEY FOR STEVE AND PEGGY BECK OF TRACTS A&a R.LS.NO. 500 • • • • • ; HENNEPIN COUNTY, MINNESOTA Cr • /9 & WA f- .1 V V t ' '; .. . . K» • • ___ A <* LEGAL DESCfilPTIOH Or PREMISES SURVEYED: Tracts A and B. Registered Land Survey No. 500, files of Registrar of Titles, County of Henneiilii. <V> -o This suivey intends to show the boundaries of tiie above described property, and the location of an existing house, shed, and all visible “hardcover” thereon. It does not purport to show any other Improvements or encroachments. • : Iron marker found 0 : Iron marker set Bearings shown are cased upon an assumed datum. o /7. 6p6 2 2- » bA Becfc- OCSiCNCDBY KFVtSJON OATl t'lM, Mll'MLVfJ : rnmM*<r ni?n\iRBi?r: IKir-I hfft ln o rlifv lha' this Mir t v w.is pfi'pariHl b\ me or under my direct super* vi.>iL>n. and that 1 ant j duly ree.istefeJ Civil Eruynitu and Und Sur\cyor under VC ALE ■ .* • • i"*• A ED: ey No. 500, of Hennepin. le above :ing I. It or 3>sy. Of under my dirrd super* iimJ Lind Sorscyof under REQUEST FOR COUNCIL ACTION DATE: June 2, 1998 ITEM NO.: 16 Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description:#2373 Steven and Peggy Beck 2795 Shadywood Road Variance-Public Hearing Zoning District:LR-IB, One Family Lakeshore District, 1 acre Lot Area:34,500 sq. ft. (.79 acres) Application:The applicant has requested a hardcover variance in the 0-75' and 75' to 250' setback to construct a lakeside deck on an existing residence. The O'-75' setback is measured from the lake and the channel. The house is 8' from the channel, therefore, most of the house is in the 0'-75' setback. The applicant wants to construct a deck as far away from the channel as possible because of the noise generated by boat traffic. PLANNING COMMISSION RECOMMENDATION: The Planmng Commission recommended approval ( 3 to 2 vote) of the hardcover variances, subject to the applicant removing 40 sq. ft. from the sport court in the 0'-75' setback. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. Attachments A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22 SUBD. 2 AND SECTION 10.56 SUBD 16 (L) 1 AND 2 FILE NO. #2373 WHEREAS, Steven R. and Peggy A. Beck (hereinafter "the applicants") are the owners of the property located at 2795 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A and B, Registered Land Survey No. 500, files of Registrar of Titles, County of Hennepin, MN" (hereinafter "the propert> "); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 18, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) 1 and 2 to permit construction of a lakeside deck as proposed in Exhibit A as prepared by Coffin and Gronberg on August 27, 1997 and revised October 30, 1997 and April 22, 1998, where 4,818 sq. ft. (19.08%) hardcover exists in the 0-75* setback where none is allowed and 4,855 sq. ft. (19.23%) was proposed and where 3,672 sq. ft. (39.70%) exists in the 75-250’ setback where 2,312.5 sq. ft. (25%) is allowed and 4,022 sq. ft. (43.48%) is proposed Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2373. 2.The property is located in the LR-IB Single Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq. ft. minimum lot area is required. The property consists of .79 acre or 34,500 sq. ft. Page 1 of 5 3.The Orono Planning Commission reviewed this application on May 18, 1998 and recommended approval by a vote of 3 to 2. 4. The Planning Commission made the following findings of fact: A. The zoning lot does not meet the minimum lot area or lot width requirements for the LR-IB district. B. The existing house is 160’ from Shadywood Road and is located in both the 0-75' and 75-250 ’ setback. C. The existing residence is 87' from the 929.4' elevation for Lake Minnetonka and 8' from the channel. D. The proximity to the channel is a hardship due to boat traffic noise. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary lo alleviate a demonstrable hardship or difficult)'; is necessary to preser\'e 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances lo Municipal Zoning Code Section 10.22 Subd. 2 and Section 10.56 Subd 16 (L) I and 2 to pennit the construction of a lakeside deck as proposed in Exhibit A where 4,818 sq. ft. of hardcover exists in the 0-75' setback where none is allowed and 4,855 ft. was proposed and to allow 4,022 sq. ft (43.48%) of hardcover in the 75-250' setback where 3,672 sq. ft. (39.70%) is existing and 2,312.5 sq. ft. (25%) is allowed. Approval is subject to the following conditions: Page 2 of 5 1.To remove 40 sq. ft. from the sport court for a total of 4,815 sq. ft. (19.06%) of hardcover in the 0-75' setback. 2. 3. 4. To advise the applicants and all future property owners that future requests for hardcover variances will not receive favorable consideration. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 8, 1999). 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of. Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 5 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. ivyo oy uaDnel Jabbour and Linda S. Vee, Mayor and Citv Clerk of r-f e M,™eso.a municipal cmpora.ion and said i— wl^'elmed Vet,if ^a Notary Public STATE OF MINNESOTA ); 4 COUNTY OF HENNEPIN ) ) ss. On this day of and for said county, personally appeared before me a Notary* Public within NOTARY PUBLIC STATE OF MINNESOTA ) COUl'.iTY OF HENNEPIN ) ) ss. On this day of and for said county, personally appeared 1 99_ before me a Notary Public within a^^Zw^d^d ‘ ’ 'vh-exocu,cd d,e foregoing instrumen.7i^dacicnowicdged .ha. he (.hey) execu.ed d,e same ."hi: (.he^Z ac, ZdZ NOTARY PUBLIC Page 4 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of for said County, personally appeared ’ l>efore me a Notaiy Public within and acknowl^g^'to Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this____day of for said County, personally appeared • -----, before me a Notary PubUc within and Notary Public Page 5 of 5 CERTIFICATE OF SURVEY FOR STEVE AND PEGGY BECK% OF TRACTS A&a R.LS.NO. 500 : HENNEPIN COUNTY. MINNESOTA uc«t iitiCiiMioii Of ncmscs tutnno; frscll A «nd I. legtUtrtd isnd Survey No. SOO. flits Of fitgistrtr of rillts* County of Htnntolii. THIS tufvuy initndi to s^ow tht Ooundtrlts of tht dbovt dtscribvd propvrty. tnd the locetlon of «n tilstino huutt. shed, end ell eislblt *nerdcover* thereon. It does not purport to shoe eny other loprovenents or encroechaents. • Iron aerker found o Iron nirker set Beerings shoen ere besed upon en essuaed delua, OOKMDM U^tMM o*n ieM.anuN 0 » »»e»PeM>M» »«>e fiwV <7i I* «»fe ^ft0 010 S00 f00»t onAWNer a>/•er V f0 *mr0 00^ | ICOFHN & GRONBERG, INC. ■kil rjiiui^ Au'fiuc * .Limg UAi'.'MN! I hr«rtn rrrtd* ihj4 iIm Mor* f*rp*ml kt «r •« wadei aiy deni Mpn- vnMM. «nJ du« I Ml« del; Ci«d Cagetnt Md L«id Seiveyg* endn da Uat id da Sua of Meeiraei MeikS^ CneiOrnMewtoeM* -w Neaikn ITO iCMk f*X b*n etMO fr-ifi 77*7 74 t.* J'* J "-C c> V r r TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:May 11, 1998 SUBJECT: #2373 Steven Beck 2795 Shadyvvood Rd Variances—Public Hearing Zoning District: LRl-B, Lot Area: One Family Lakeshore Residential District (1 acre) 34,500 square feet (.79 acres) Application:The applicant is requesting a hardcover variance in the 0-75' and 75-250' setback to allow construction of a deck on the lakeside of the house to be located away from the channel. The residence is located in the 0-75' setback and the 75-250' setback because it is close to the Narrows Channel. Pertinent Ordinances: Section 10.24, LR-IB, One Family Lakeshore Residential District Section 10.22, Lakeshore Setback and Hardcover » 2373 Sleven Beck 2795 Shadyvvood Rd. May 13, 1998 page—I ANALYSIS i I Lot Area and Yards LR-IB District Standards Lot Area Lot Width Lakeshore Yard Side Yard Rear Yard 1 acre 140’75’ and ALS 10’35’ Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 34,500 124’160’16.1’ to house 11.0 proposed to steps 8 ’ from channel 87' from lake The subject property does not meet the minimum lot area or lot width requirements. The proposed addition would meet side yard requirements. Structural Coverage Total Lot Size Total Structural Coverage Percentage 34,500 5,175 sq. ft.15% The house, accessory structure and proposed addition would not exceed the lot coverage requirement. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’25,250 sq. ft.4,818 sq. ft. (19.08%) None 4,855 sq. ft. (19.23*’''.' 19.23% 75-250’9,250 sq. ft.3,672 sq. ft. (39.70%) 2,312.5 sq.ft. (25%) 4,022 sq. ft. (43.48%) 1,709.5 sq. ft. (18.48%) Tlie applicant is requesting variances to add 37 sq. ft. of hardcover in the 0-75* setback and 350 sq. ft. in the 75-250’ setback to build a deck on the west lakeside of the residence. The existing property exceeds the maximum hardcover limits in both setbacks. U 2i75 Steven Beck 2795 Shadywood Rd. May 18. 1998 page--2 GTATEMENT OF HARDSHIP The applicant has indicated that he would like to build a living area on the far side of his residence away from the narrows. The property is located only 8' from the edge of the channel. The property is bounded by the lake, the narrows channel. County Road 19, and an adjacent residence. The house is at the end of a street and has a circle driveway to provide a turnaround and parking area. The house, proposed deck, badminton court and patio encroaches in the 0-75' setback. M 2373 Steven Beck 2795 Shady wood Rd. AfaylS. 1998 pages Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allo>ved by the official controls. The residence can continue to be used as a residence. ! : 2. 4. 5. 6. The plight of the landowner is due to circumstances unique to his property not created by the landowner. This lot is adjacent to a county road and narrows. The landowner did not create these circumstances. The variances, if granted, will not alter the essential character of the locality. The variance for hardcover will not change the character of the area. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The subject property has unique circumstances because of the channel, highway and access. The conditions do not apply generally to other land or structures in the district in which said land is located. Most of the lots in this zoning district do not have .'Structures that encroach into the 0-75' setback as this lot. The granting of the application is necessary for the preserv ’ation and enjoyment of a substantial property right of the applicant. The applicant is seeking relief from the traffic and noise next to the channel. • 4 ^ 2J7J Steven Heck 2795 Shady wood Rd. Sfay 18. 1998 page^^4 8. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 9. The granting of such variance will not merely ser\’e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or di fficulty. The applicant needs to provide testimony regarding his hard.vhip. Issues I. The lot does not meet the minimum lot area or lot width requirements. The house is 8' from the channel. The house is set back 160' from the street and encroaches into the 0-75' and 75- 250' setback. 2.The property exceeds the hardcover allowed in both setbacks. The applicant could reduce hardcover on the property to accommodate the proposed deck. 3.Previous variances were requested for hardcover and setback.s in April 1993. The application was tabled at the Planning Commission and did not proceed to City Council. (File #1817). STAFF RECOMMENDATION To direct the applicant to remove hardcover in the amount of the proposed deck in either setback. Attachments A B C D E F Application Plat Map Surv'ey Hardcover Cals. Topo Permit Record 2373 Steven Beck 2793 ShadyyxoodRd. May 18. 1998 pages J ( ; .£ •• • r -“‘•. . • ^ . < rUi.. IREV/OOD r ! Application H 93T3 Date Received <4—^9 Amount Paid A SAC CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address AD Property Identification Number (P.I.D.) J-J/ Oool^_________________ Attach legal description to application if not included on required survey. Date Property Acquired lojis" ______________________________(month/year) I (do) (do not) also own the adjacent parcels of land. ^ Present use of property: K residential Zoning District: other (specify) V.-'J APPLICANT Name Phone (home) *f 7/ -o s~/S“ _____ Phone(work^ City: _________Zip: /'/ _____ L* .J*J OWNER (if different than applicant) Name Address:City: QSxt.OctiiA. APOAAts) Phone (home)________ Phone (work)________ •‘f -; /' if ■ ^ Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: “Ta aJjL^ m■ \. i/ (attach additional sheets if necessary) V ? ;VC^ VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventinguescnoe undue hardship or practical difficulty or unusual property conditions pre’ compliance with Zoning Code requirements: \ (attach additional sheets if necessary) ♦ <*■<» J 3 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date iii irder for vmir apnlication to be considered complete; __ Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3, Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations, as required. In addition,’provide 6rie‘(1) copy 814" x 11' for “ •• reproduction. ... Topographic survey (existing and proposed elevations) if any changes in existmg grade are proposed. In addition, provide onfe (1) copy S'/z" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11"). List of the legal names (include marital status) of alLpersons with an interest in the property. This would include name(s) of applicaht(s) if not current owner(s). __ As an addendum to this application, please attach a separate list of any other ’ persons'you wish notified of this application. . . ■ Additional items as may be requested by City st^ff. ’ . * * »* • The Applicant and Property Owner must sign this application. Please remember that yfiUE variance application is not complete if the above informaflQn ha? PPt been includ^4 APPLICANT'S SIGNATURE ^ ^ t. ^ The applicant hereby agrees to provide all information required or requested by the -Zoning Administrator; agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant Expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE • The owner hereby acknowledges and agrees to this application and further authonzes reasonable entry onto the property by City staff, consultants, agents. Commission members, and -Council members for purposes of investigation and verification of this request. DateOwner's Signature _________________________________ Applicant must have all submittals into the City offices 25 days before the Ptong Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a ^heduled meeting, p ease make arrangements to have an 'authorized agent attend in your place and to advise the Bui mg & Zoning Office of this change prior to the meeting. 8 STEVE AND PEGGY BECK OF TRACTS A & B. R. L S. NO. 500 ; HENNEPIN COUNTY, MINNESOTA *\ LEGAL DESCRIPTION OF PREMISES SURVEYED: Tracts A and 0, Registered Land Survey No. 500, files of Registrar of Titles. County of Hennepin. This Survey intends to show the boundaries of tire above described property, and the location of an existing house, shed, and all visible "hardcover" thereon. It does not purport to show any other improvements orencroachments. • Iron marker found 0 : Iron marker set Bearings shown are based upon an assumed datum. OeSICNCDIY DRAWN BY HEVISION PAT^IHStHlIMKlM Q PXOPOKO ^trm ro ^*4 Trr^s a>40f4 t COFFIN & GRONBERG. INC. Luul jfifnyi/i'rs. i'll!’ l’hvwo< 4S2 l‘>n>iUiick Avnuiy • Uki-.MX 353.i() I hctvhy arlify Ihji this sur^fv was pri‘pan*d bv mt* or und-r my direct super- visuui. and that I am a duly re)*istt’red Civil Engineer and Land Surveyor under Ihe laws oi ihe Stale of Minnevita r.n.JTi.jiJi Mark S. CronberE Minnesota License Number 12755 fOBNO. •y No. 500, of Hennepin. If und*^ my dirrct super* nd Lind Surveyor under SCAU r-X' LMTl loeNo. 97-2J4 5-reve f Pss6V BecXHARDCOVER CALCULATION WORKSHEEf SETBACK zone; (CIRCLE’one) (0-75^ 75 “250' Existing Hardcover in Zone hzu -‘77250-500' 500-1000' A. ■ House /3’‘9 LENGTH ^8‘/ ' WIDTH 4^. ^ /S B. Garage ~1^.3 ItJ.Z • • #r* • c. Driveway blocji. D.. blDEWALK 1 E. Patio / D eck F,Landscape AREAS underlain BY ■ , PLASTIC SHEETING ••m • • ‘ • • ~ *t • • • G. Other . - m ^ • Total Hardcover in Zone Total Property Area in Zone Z2^(e>» s> S I F •' ^3^0» ^ S.F. 30 • •• •• • / . H&o &00 S.F. S.F. S.F. S.F. S.F. ■ S.F *T1 y<f/<p • |TLf££S£— X 100 “ /648 % f../ :• S.F. S.F.t \\ . ' vj S.F. 1 S.F. • • • S.F. • S.F. '- • S.F*• S • F •A S.F.B 1 C • • ^<rcK = +37 r Vf 5J--L Z :r / ?. 2 3 % .MM* • * * • r StB vB ? S HARDCOVER CALCUUTION WORKSHEET SETBACK zone :'(CIRCLE-ONE) 0-75^ QS-^ 250-500' 500-1000' E xisting Hardcover in Zone A. ■ House iO.fa LENGTH 2 4.7 A Ic "Pad ' ‘3 ■Block. Swalt L B. Garage •• • • • »r* • c, Driveway U/ALc' D.. SIDEWAL-K I COfJt. SLA 3 6,S “3ad.2.^ E. Patio / Deck • •• F.Landscape __ areas UNDERLAIN BY PLASTIC------------- SHEETING X 30.4- WIDTH X 34.4- X > X « •» • • X X 10.{, X • '3ZZ.7. s.F^ ZZBo Zo /P2 #• — » ^^y./ s.F. S.F. S.F. S.F, S.F. S.F. «• S.F. S.F.' ■ S.Fi S.F. S.F. S.F. » S.F. S.F. S.F. /2Z/ rii • - ■■ f i 7. - A it •• ■- / Ls G. O ther Total Hardcover in Zone Total Property Area in Zone 3^ 7Z ' ~[TI yzgo *.t • \. » .U7Z - s.F S.F. S.F. X 100 B % />A0fi6^S4:p /?<smc = /- y^22 t ^2.5^ = Vi. F J • . •••••.•.• • • cn SWlmlMO POOltizi■CCRCAllO«H fACiklfff —SIC«SOlAM •POlf t smcci ucht ■Uttllff 901 ■tAimOAO tlCMAi A •AtmoAO svtfCN o CNOUNO CONiROi • veil ▲CR0U«0 CONIROI honi Z./«!>?• IkOCi COklOuR • IkICtKOUlC CONTOUR CZ3>OfPNCSSION contour OiSCURfO CONTOUR SPOT IkCtATION s««i« •• r«*i 0 toe NWl/4 SEC. 21 T117N.R23W HENNEPIN COUNTY >0« Or one. Hi i <0 H091/ONS. INC. AC*|Ai nATM«C PaoMSSiOiAiS • te'O (>•*. M W«MHM • t^U .................... «<!«> • *«'l*«l* HORIZONS* me 3-Z209 PYh\ 1014 £- / . * .1 irtu I Permit No. /637 VJ5-/ •iiM. tS *7 ‘?5”■^')CU^^MXy>0'd 7?d ■ « i • •. PERMIT RECORD Date - /Wt-^0 • /j .3‘7-6r V/;?7/o2^ • • Type of•Permit ■5. HooK’or* r^&uJ-ntxity ^ COUNCIL MEETING JUN 1 9 REQUEST FOR COUNCIL ACTION crrY cf OHONO DATE: June 17, 1998 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Liz Van Zomeren Zoning Title City Planner/Zoning Administrator Item Description:<5^2364 John and Joan Serena, 4607 Watertown Road - Permit - Resolution Conditional Use Zoning District:RR-IA, One Family Rural Residential District (5 acres) Lot Area:7.0164 acres Application: The applicants are requesting a conditional use permit for a guest house that will be used as a pool house. The applicants own the adjacent lot and are in the process of remodeling the residence into a pool house. The lots will be combined. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted (6-0) to approve the conditional use permit, COUNCIL ACTION REQUESTED: To amend or approve the attached resolution. ( A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE ^2364 WHEREAS, John Serena and Joan Serena (hereinafter "the applicants") are the owners of the property located at 4607 Watertown Road within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1, McCulley Road, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for a conditional use permit to Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit the remodeling of a residence to be used as a pool house/guest house. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2364. 2. 3. The property is located in the RR-IA Zoning District, where 5 acres is the minimum lot area. The property consists of 7.0164 acres. The Planning Commission reviewed this application on June 15, 1998 and recommended approval on a vote of 6 to 0. Page 1 of 4 4. The Planning Commission made the following findings of fact: A. The subject property, Lot 2, Block 1, McCulley Road (4607 Watertown Road) will be combined with Lot 1, Block 1, McCulley Road (4605 Watertown Road). B. The pool house is considered a guest house for the purposes of zoning regulation. C. The remodeling of the pool house conforms to all building code requirements. The structure will have plumbing and heating. D. The pool house will be used for the sole use of the occupants and guests of 4605 Watertown Road. 5. The City Council finds that granting a conditional use permit to allow the remodeling of a residence to be used as a pool house/guest house will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit to Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit remodeling of the residence at 4607 Watertown Road (PID 38 31-118-23 22 0007) to be used as a pool house (guest house for the residents and guests of 4605 Watertown Road (38 31-118-23 24 0006), subject to the following conditions: t I ■ Page 2 of 4 1. 2. 3. 4. 5. 6. ATTEST: The pool house will be a non-rental guest house for use by the residents and guests of the principal structure. The structure will have plumbing and heating. The two lots, Lot 1 and Lot 2 of Block 1, McCulley Farm, will be combined into one parcel. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (June 22, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any autliority granted herein, and shall be pimishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of June, 1998 Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 r I STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this day of for said county, personally appeared 199_before me a Notary Public within and known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of for said county, personally appeared 199_before me a Notary Public within and known to me to be the person(s) desciibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 J r TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator May 13,1998 SUBJECT:#2364 John & Joan Serena 4605 Watertown Road Conditional Use-Public Hearing Zoning District: RR-1A One Family Rural Residential District (5 Acres) Lot Area:7.0164 Application: The applicants are requesting a conditional use permit to convert the former house at 4607 Watertown Road into a pool house. Additions that were made to the structure have been removed. The previous exterior facade has been removed. The applicants propose to reside the building with the same materials as the principal residence. The proposed pool house would have plumbing and heating. For the purposes of this application, the pool house is classified as a guest house. Pertinent Ordinances: Section 10.02, Subd. 1 Definition of Accessory Use or Structure Section 10.02, Subd. 28 Definition of Guest House Section 10.03, Subd. 7 One Building Per Lot Section 10.05, Subd. 9 Location Section 10.03, Subd. 11 Dwelling Use Prohibited Section 10.03, Subd. 12 Crowding Principal Structures #2363 John A Joan Serena 4605 Watertown Road Date ofP.C. Ma^' 18. 1998 page-1 ■*/ •i Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The pool house is considered a "guest house" for the purposes of zoning regulation. It is located on a lot that exceeds minimum lot size requirements. It will be architecturally compatible with the principal structure. The proposed conditional use permit is consistent with the Comp Plan. 2.That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The pool house will be remodeled to meet all current building code requirements. The structure will have plumbing and heating. It will not have a detrimental effect on adjacent properties. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The footprint of the buildings is 41 '4"x 24'6". The height of the guest house is less than the pi Incipal residence. The pool house is also more than I O'from the house. Staff Recommendation To approve the conditional use permit for a guest house to be used as a pool house to include plumbing and heating provided that the structure will be maintained and used as a pool house for the sole use of the occupants, including domestic employees, or their non-paying guests, of the primary dwelling. Attachments A B C D E F Application Plat Map Topo Map Survey Permit Record Plan U2363 John <6 Joan Serena 4605 Watertown Road Date of P.C. May 18, 1998 page-2 I ii 11 1 J •1 / CITY OF ORONO - Application ff Date Received Amount Paid ^Ji.^s.cri) GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address VVAt T i^^i^vv/m -gnA-n Type of Application to be Filed Property Identification Number (P.I.D.) ^/^rq APPLICANT Name Phone (home) {^\-7. ■ AAC{. g^^'2. Phone (work) Address_4^g ^ \\/A<rC^-r^KK/U City pjAiKi Zip_^S^£^ OWNER (if different than applicant) Name Address Date Property Acquired City Phone (home) Phone (work) Zip. 01 . I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) 7^ $225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore _____PRD/PID - see Fee Schedule --------$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation ____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment ______$ 100.00 Appeals _____Other - see Fee Schedule (month/year) s :i r Ah required submittals 1. y Completed Application Form. Describe request in detail.2. 3. 4. 5. 6. UCbvJllUC lC4UtOi. Ill uvvaii. ^ Certified Property Owners List of owners within 350', labels and plat map (you ^ must obtain this list, labels and maEJrQlllHennepin County Department of Finance, A-603, Government CentetC]348^27jp Certificate of Survey (signed by a licens^ surveyor) - refer to handout for survey information. Attach legal description to application if not included on required si^'ey.^ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. 8. 9. changes m eicvauon ... )( List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). / Construction plan, if applicable (see staff for requirements). ___As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certificatiun by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________ Date----------------- APPLICANT'S SIGNATURE j u .u v • „ The applicant hereby agrees to provide all information required or requested by the Zomng Administrator, agrees to pay additional fees (staff time not covered by onginal fee payment) and/or unusual expenses incurred in review of this application, and certifies that th information supplied is correct to the best of his/her knowledge. Applicant's signature Date The owner hereby acknowledges and agrees to this application and filler authonzed reasonable entry onto the property by City staff, consultar.-s. agents, cornm.ssion members, and Council members /^ir^rposes of investigation and venfie. on of this request. Owner's signature Date ADDlicant must have all finals into the City ofT.ces 25 days before the Planning Commission Meeting Plannine Commission Meetings are held on the third Monday of each month. Applicants all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a please nfake arrangements to have an authorized agent attend m your place and advise the Building & Zoning Office of this change prior to the mcetmg. J r I i JOHN Serena 4606 Watertown R oad Marle Plain , MN 55359-0681 012-44B-805E/rAX-44e-0215 Internet: doc@erc-mn.com 5 May, 1998 Liz Van Zomeran City of Orono 2750 Kelley Parkway Orono, MN 55359 Dear Ms. Van Zomeran I am in receipt of your letter of 01, May 98 and I hope the included infonnation addresses all your concerns. We intend to use the building as a pool house; it borders the pool apron and will have bathroom and changing focilities, as well as a spa and wet bar. The building will have plumbing and heat; plumbing is necessary for the pool filters and heater as well as shower and lavatory. Heat will eliminate the need to shut down and drain the facility should the threat of an early freeze occur. The roof and exterior walls were stripped during demolition of the two additions, the renovated original structure will be finished with hand spilt cedar shake to match the main house. The lot area of each parcel should be on the survey I forwarded with the application; however, 4605 is five (5) acres, and 4607 is 2.0164 acres. If you have any further (^estions, please do not hesitate to contact me at your convenience. Thank you for your continued cooperation. F. Serena JFS/ss i I I fc i JOHN Serena 4605 Watertown road maple Plain, MN 55359-9681 «12-44O-8OB2/PAX-440-9216 Internet: ooc@aBc-MN.coM 5 May, 1998 Liz Van Zomerzn City of Orono 2750 Kelley Parkway Orono, MN 55359 Dear Ms. Van Zomeran I am in receipt of your letter of 01, May 98 and I hope the included information addresses all your concerns. We intend to use the building as a pool house; it borders the pool apron and will have bathroom and ch^ging fecilities, as well as a spa and wet bar. The building will have plumbing and heat; plunibing is necessary for the pool filters and heater as well as shower and lavatory. Heat will eliminate the need to shut down and drain the facility should the threat of an early freeze occur. The roof and exterior walls were stripped during demolition of the Uvo additions, the renovated original structure will be finished with hand spilt cedar shake to match the main house. The lot area of each parcel should be on the survey I forwarded with the application; however, 4605 is five (5) acres, and 4607 is 2.0164 acres. l! i i 7 OOourtJskruJ^ PERMIT RECORD 145 yards to Vaterto»n Rocd 4r-4' Original house on existing 8' deep concrete block foundation To be renovated Concrete Pool Deck r % Swinning Pool 24'-6' Addition constructed on 8' Joist deck with slU on block foundation No clearance below To be demolished Addition 2~car garage walls sit on block foundotlon, poured slab floor To be demolished 23'~4' 117 yards to Main House 18'-8' After noWng changes to footprint of structv»re, owner wishes to reconblne lot lines of No/s 4605 8. 4607 Wo tertown Rood. (T r 7 COUNCIL MEETiHtr TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator JUN 1 9 1998 CRY OF ORONO FROM: DATE: SUBJECT: Liz Van Zomeren, City Planner/Zoning Administrator June 11,1998 #2383 Christine Valerius 3750 Bayside Road Preliminary SubdivisionA^ariance--Public Hearing Zoning Dbtrict: LR-1 A, Single Family Lakeshore Residential District (2 acres) Note: A small portion ofthe parcel is located in the RR-IA zoning district. However, there is not enough land in this zoning district to have a buildable pad on either lot. only the LR-IA requirements apply to this subdivision. Total Area:4.51 acres Application: The subdivision proposes a 2 lot division that includes creating one new lot. A weUand credit and a lot width variance is required for Lot 1. Pertinent Ordinances: Section 10.55, Flood Plain and Wetlands Management, Subd. 15., Land Development and Platting, A. Minimum Lot Area Requirements, (3) Area Credit for Flood Fringe in Sewered Areas Section 10.23, Subd. 6. B.: LR-1 A District, Minimum Lot Requirements Section 11.03, Subd. 2.24, Definition of Minimum Lot Area niTrtt- • Tl rf r mr^ LR-IA Zoning Requirements: Requirements: Lot Area= 2 acre minimum Lot Width= 200 feet Loti 1.38 dry buildable, needs wetland credit 151' at 50' front setback w/o easement 181 at 50' front setback with easement Lot 2 1.93 dry buildable, needs wetland credit 214' at property line and 50' front setback A lot width variance for Lot 1 is required because the 200' minimum cannot be met. Lot Standards The existing homestead will be located on Lot 2 and will conform to minimum lot size requirements. Lot 1 to be created requires a lot width variance because 200' is not available at the front property line nor the 50' front setback line. The surveyor calculated the lot width at the 50' setback with and without the driveway easement. A suitable building pad exists for the new Lot 1 to construct a new residence that can meet all setback requirements. An accessory structure is currently located on what will become Lot 1. Accessory structures are not allowed on lots without a principal structure. The accessory structure will need to be removed. Sewer The current residence on Lot 2 has sewer. A sewer line is located in Bayside Road. Lot 1 can be provided with sewer, subject to the applicant paying the sewer connection charge at the time of final plat approval. Drainage A marsh/wetland exists of the north portion of the parcel. The wetland is approximately 1.2 acres in area. The applicant will need to provide conservation and drainage easements across the wetland. The Minnehaha Creek Watershed District will also need to review the subdivision to determine where stormwater ponding can be provided. Access The existing residence is provided with a gravel driveway from Bayside Road. The surveyor has indicated that Hennepin County will allow a driveway for the new parcel (Lot 1). r Engineer Review The consultant engineer information; has reviewed dre proposed prelimirrary plat and requested the following 1. 2. 3. 4. 5. Show the well location on the final plat for the residence on Lot 2. Provide a utility construction plan prior to final plat approval. Provide a grading and erosion control plan for the entire parce p final plat approval. Applieant to eonsult with dre MCWD to detennine stomrwater requirenrents, Fhral plat to incorporate MCWD recommendations. Final plat to show all utility easements and drainage easements. Park Dedication Fee The City Assessor wi ill need to review the plat and determine the fair market value. Staff Recommendation To discuss the proposed preliminary plat and the lot width variance. Attachments A B C D E Preliminary Plat Cit> Engineer's letter Minutes from City Council 5 - -.0/9* Sketch Plan report to City Council <Mike s report) A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND WETLAND CREDIT AND LOT WIDTH VARIANCE FOR PROPERTY LOCATED AT 3750 BAYSIDE ROAD - FILE NO. 2383 ( ' WHEREAS, Christine M. Valerius and Gary Valerius (hereinafter the "subdividers") on April 16, 1998, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: Lot 2, Block 1, Burgers Bayside Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on June 22, 1998, the Orono City Council considered the subdivision application of the subdividers noting the following find ngs of fact: 1. 2. The property is located in the LR-IA Single Family Lakeshore Residential District and the RR-IA One Family Rural Residential District. For the purpose of subdivision and determination of future building sites, the LR-IA standards were used. The LR-IA District requires a minimum lot area of 2 acres of contiguous dry buildable land within each newly created lot. The property contains 4.51 acres with 3.31 acres of dry buildable and 1.2 acres of wetland. The proposed plat consists of two residential lots that do not meet the dry buildable minimum lot area. A wetland credit is required to allow the wetlands on Lot 1 (1.38 acres dry buildable) and Lot 2 (1.93 acres dry buildable) to be credited to the required lot size for Lot 1 and Lot 2. Such credit is available to this subdivision per Zoning Code Section 10.55, Subdivision 15 (A) (3) which was in effect at the time of application. Page 1 of 4 4. Lot 2 is currently served by sewer. Lot 1 can be connected to sewer. The subdividers shall be required to pay a sewer connection charge. 5. Lot 2 is currently served by a private driveway. Lot 1 may be served by a new driveway from Bayside Road, subject to final approval by Hennepin County. 6. There is a driveway easement on Lot 1 that provides access for adjacent residential property. 7. Lot 1 does not meet the 200' minimum lot width requirement of the LR-IA District. The proposed lot width is 15T at the 50' front yard setback, excluding the criveway easement. The lot width is 181' at the 50' front yard setback inclvJing the driveway easement. A lot width variance of 19' is required. 8. Only Lot 2 shall have lake access via Outlot B, of Burgers Bayside Addition. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the frndings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Christine M. Valerius and Gary Valerius per plat drawings of Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated March 25, 1998 as revised June 5, 1998, subject to the following conditions: 1. A variance for lot width for Lot 1 is hereby granted. 2. Wetland credit for Lots 1 and 2 as noted above is hereby granted. 3. Suhdividers to grant flowage anr’ 'ervation easement over wetlands in Lot 1 and Lot 2 and to show all utility , J drainage easements. 4. 5. Subdividers to provide a utility construction plan and grading/erosion control plan prior to final plat approval. Subdividers are hereby advised that the City cannot grant final plat approval until a permit has been approved by the Minnehaha Creek Watershed District (MCWD) for all grading and drainage improvements on the property. Page 2 of 4 9 ■! J The following list of final submittals shall be submitted to the Zoning Administrator two (2) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. These submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per survey by Mark S. Gronberg of Coffin & Gronberg, Inc. dated March 25, 1998 and most revised date June 5, 1998. B. Dedication of "drainage and utility easements" 10' wide along exterior boundaries of property and 5' along the internal lot line. C. Designation and dedication of drainage ep.«:*''ments c* ?r drainageways and wetlands. D. The naming of plat. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. 3. 4. Signed and executed drainage easements over drainageway and detention areas within plat. Signed and executed flowage and conservation easement over designated wetlands. 5.A covenant indicating that no lake access easement can be granted in favor of Lot 1. Page 3 of 4 r 6. Fees to be paid: A. Final plat fee = $200.00. B. Legal review and filing fees for subdivision and associated documents $200.00. C.Park dedication fee shall be determined by City Assessor. The subdividers shall be advised as soon as the Assessor's report has been filed with the City. Park dedication fee shall be based on 8%. If the value of Lot 1 exceeds $61,250.00, the park fee would be limited to $4,900.00. D. A sewer connection charge of $14,665.00 for Lot 1. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wus acknowledged before me on this 22nd day of June, 1998, by Gabriel Jabbour &. Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 ■ -------------------------------. —— r S 89*48*35** E 176.76 o to 2toCM b PRELIMINARY PLAT CERTIFICATE OF SURVEY FOR CHRISTINE VALERIUS LOT 2. BLOCK 1. BURGERS BAYSIDE SECOND ADDITION HENNEPIN COUNTY. MINNESOTA L**Ct. t T I N 89*44* t6” W 149.05 O slO S 89*44' 18“ E 148J0 V • '*1 1 9^ • *• 1 1 • ^ 8 1 1 /{/T\1 / I \1 jjr V 1 \ 1 !•M9 1 •(\ 1 1 V 1 • 1, i • ; • 11 tussc. 1 1 • t U 1 1 /• ftt»* Atr frmr.•'A Ir ^4• I ^ • 4 /'LujJ 'v /»/.•« '‘X-' % % La V‘ K b z N 89*35*41** W \ jg .., lu’.. ~~r- N(0£i(bayside ROAn~. LEGAL PrSCRPTiON fjT pyirc^rc » Lol 2. Block 1. ftjRCCRS BAYSCC SCCOC AOdTCN o : d«no*«t iron mvke/ BoorWtgt *ho«fi ar« bcstd upon on ottumod do turn. ^ to Wsc. th. b<««So,;„ of Iho ot>o,. o„cr«,tf p,op.Mx. ^ tho locotion of on •listing hous«, ih«d. and grov«l orivt-o/ tL.«feon. il 00«* not purport to sbo» ony othtr mnprovtmonti or •ncroocfvrents ^r... t Jiy.fj xrrr W90M 0A1C Dcsovrot o r -A - Y# 6aawi OCOZD COFFIN & GRONBERG, INC. C0NSU.TWC OCfCERS. lAH) SURVEYORS. STE PLAMtRS 462 tamarack AVENUE. LONG LAKE, VK 55358 6I2-475-4U1 ^ SAtcrc*ro»i cm *cao «t•AS AVAAID fr t< 0* \M€XX UY 0«cr SiravQOY AK) tnAt I AM A 0U.T LCDcto PnorcsaoKAi. Dcscta iacw IK LAWS Cf 1*€ statc or MTAdsor*DATE 3-25-flS r if I Bonestroo Rosene Anderlik & ^ ^ Associates Engineers & Architects Boneuroo. Roscne. An^er,., A,sca..ey >n< A„:rr..:a e Aa.on W OpponunUy fmptoyr, T°"^°^£°"G'"n^'cco^pT.Um *p.chcVdE Turner, rc ^ Senior Consult«»nii Rooerl W Rosene. PE and Susan M EDen-n. rn . >c $ M,oa.rePnnop.l> Hc.dA • W Foster. PE ?K:rle.:P Arsd^on. PE • M.r. R Rods PE • w',Cson%E . l‘S . Rooer, F Ko.sm.th . Agnes M R.ng . V.cn.e. P Rau. PE • Allan Rick Schmidt. PE O/r-ces S. Paul. Rochester. W.llmar and St Cloud. MN • Milwaukee. W1 WcOsitf WWW bonestroo com June 8,1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Valerius Subdivision File No. 139-2383 DearLiz: we have reviewed the preliminary ^l^iit . regards to ensineerin. matters. I. Access: The existing access to the site is a located south and driveway located west of the existing access property. It ;;st of *e site. The shared driveway ^ ..... P-. - .t Coi-iWnrV 2. utilities: The wei. location for the listing h^sesho^uid^^^^^^^^^ riit’:eeSt‘’^cm1n^^^^ :Sf^O-inth"lvC^"^^^^^ ^t‘l Utility construction plans should be submitted for review.X w • AW V V • 3. Grading: A grading and erosion control plan ^"pro^tty'^ms'^d 934.6 The NWL and H\VL of the existing wedtmd on the north end of ^^p^ y respectively. The basement elevation on Uit l shou S ^ 4. Drainage: The draft version of (SWMP) shows that the site lies within the Stubbs B y ^^^g existing site drains southerly lo Stubbs wetland identified as SB-P9. on ^ ' ,1.3- ^ acres require the construction of a NURP District (MCWD) rules, subdivisions large - 2 acres and the MCWD pond to ireai stormwater from the site. Thi „ih...it» should be limited to a maximum Luld review the plans. Phosphorous loadings leaving calculations of 0.28 pouads/acre/year. A drainage area map with pre and post deveiopm____________ ■should be submitted for review. . ^'tr-636-1311 ~ 2335 West Highway 36 ■ St. Paul, MN 55 J s. Elements: Uti^easements should be shown 5-feet wide along the interior lot line. Drainage easements should be provided across all wetlands, ponds and drainage ways. ^ *' torid COM completed we will prepare an estimate of the otal cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLEK & ASSOCIATES, INC. Tom Kellogg Cc: Greg Gappa, City of Orono ^ \ ho\ trs \ V-" ■■■\ \\ \\\\ \ \ \ \\ ' NJ \ \ ---------------------—pp^ ^ \ o ^ • i 'v N r- -» 73 > i » t \ \ti II II II V ^ »»«••«•« 94 «•• «• Ol ^1^ 4*SPRUC£ U'SPRUCE : •«%< ACE OF CULVERT 2 ‘-SK . iCE CRA.TjU:L 26 ’SPRUCE FACE OF CULVERT D ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 i 5 i I f (#10) #2363 William H. Bockmann, 1130 Loma Linda Avenue - Variances - continued Bockmann asked if they could add I’ to the two-car garage if they have to eliminate one stall. The tv^’o-car garage would be 21’ wide. He stated that Mr. Gountanis had convinced Council that 22 ’ was a State standard. Peterson responded that she did not wish to amend her motion. (#11) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - SKETCH PLAN Christine and Gary Valerius were present. Gaf&on reviewed the proposal to create one additional lot from a parcel that contains 3.31 acres of dry buildable and 1.2 acres of wetland, and take advantage of the wetland credit. The applicant wanted to submit a preliminary plat application but staff suggested a sketch plan because of the following issues: 1) whether the property would be considered ’sewered’ since only one unit was assessed with the Stubbs Bay project, and 2) whether the City ’s intent with the Stubbs Bay sewer project weis to create the possibility for wetland credits in the two acre zorie to allow subdivision if it were not possible without the wetland credit. Since the City is proposing to take away the wetland credit, it was difficult to advise the applicant how to proceed if the credit were taken away prior to preliminary subdivision approval. Gaf&on indicated another issue is that a neighboring property on Landmark Drive was given the same credit that the applicant is proposing to use. An additional sewer unit was given to the second lot and a connection charge was paid. Planning Commission reviewed the application and referred to Council noting concern about the width variance. The front lot lines proposed at the 50’ setback are 185’ and 214’ where 200 is required. Options available to the applicant include acquiring additional dry buildable (but there is none available to make up two acres in each lot); asking Council to declare the lot sewered property, grant the wetland credit and lot width variance; requesting a rezoning; or selling a portion of the property to an adjacent owner to get the value out of the property. The applicant wants to proceed with the application as proposed and use the wetland credit. Valerius filed a formal plat application on May 21, 1998. . . Council needs to address the following issues; - Is the property considered sewered, and if not, will Council allow it to be considered as sewered and grant the wetland credit: - Should a moratorium be placed on the use of wetland credits, which would basically block the applicant’s request? Is granting a lot width variance a possibility? ORONO CITY COUNCIL MEETING minutes for may 26, 1998 (Wl) #2365 Chrisline Valerius, 3750 Bayside Road - Sketch Plan - conHnued “<* co^ecdon fees totaling Gaffron eonfirmed that the entire property is svithin the MUSA boundary. "uwwrsL^:s^^^ ^“ghborritr*”" "s'* ^ Evans on Landmark Lh-e notino A m f subdivision to that of Mr. more dry buildable than his* he had nna i v ^ ®ue sewer unit; both her lots have Srexpr«st her m fhal Co™er'’'^H“ “?■ ■*application. ‘ ordinance at the same time as her hSXoT’S «XS'Se“eo'"'^ proceeding tvith the thought that Council was against P P He explamed that the consideration to elimmate wetland credits was a result of the Sma^rddveird- and was not on the Council when the dcTisir M^LVcounr" Council was bo “dty' code°Mrshe shonlH 1°*’P^oeed with the subdivision under the existing- r.;ssr: srs: sns,-£ i-ssiri,"' - Peterson agreed that the subdivision request should code changes.onsidered as an application prior to any ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 I (#11) #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan - continued Flint questioned if there were other subdivision applications in a similar situation. Gaffron responded that the only other application he was aware of is the Brook Park Realty proposal. Flint indicated he would not oppose this proposal but did not want to set a precedent if there were more applications before the City. Gaf&on reiterated that staff had advised the applicant to proceed with the subdivision as a sketch plan to proyide direction to the applicant. A public hearing would be held to address the lot width variance as part of the subdivision process. Jabbour suggested that the applicant proceed with the proposal and attempt to do whatever is possible to have no variances. Valerius confirmed that the next step was to meet with Gaffron to continue with the preliminary plat application. (#12) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL - VARIANCE - RESOLUTION NO. 4082 Mr. Gleason was present. Van Zomeren presented pictures of the house and reported that the property is in the R-IB, 14 acre district and conforms to the lot area. The applicant is requesting a side yard variance to add 6’ to the existing house on the north side, which encroaches 2 ’ into the 10’ side yard setback. She noted the house is on a slope, and the proposed addition is in a logical place. The Planning Commission recommended approval on a vote of 5 to 0. Flint asked if living close to the park was a problem. Gleason responded that they love the park and enjoy the children and families who use it. They see the park as an asset. Peterson moved, Kelley seconded, to adopt Resolution No. 4082 granting a side yard variance of 2 ’ for the property located at 140 Hackberry Hill. Vote: Ayes 4, Nays 0. Gleason asked if he ever wanted to sell his property if the City was interested in purchasing it. Council confirmed that they were very interested. r £ REQUEST FOR COUNCIL ACTION Date: May 21,1998 Item No.II Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zonin.'i Item Description: #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan Zoning Dbtrict: LR-1 A, Single Family Lakeshore Residential, 2-acre Application:Sketch Plan Review of proposed subdivision to create one additional building site from this parcel containing 3.31 acres of dry buildable land plus 1.20 acres of wetland. Each of the 2 resulting lots are proposed to take advantage of the wetland credit per Orono Municipal Zoning Code Section 10.55, Subd. 15(A)(3). List of Exhibits A - Memo and Exhibits of May 11,1998 B - Plat of Bayside Landing Second Addition (1992) C - Petition of Support Submitted By Applicant 5-18-98 Please review the memo and exhibits of May 11. Applicant was advised by staff in early April to proceed with this proposal as a sketch plan rather than as a formal preliminary plat, given the issues of: 1. 2. Whether the property is considered as ’sewered' given the fact that only one unit was assessed as part of the Stubbs Bay project, for the existing house; and Whether the City's intent in sewering Stubbs Bay was to create the possibility for wetland credits in the 2 acre zone to allow subdivision of properties which are not subdividable without the wetland credit. The fact that the Council is concurrently reviewing a zoning code amendment to eliminate the wetland credit makes it difTicult to advise the applicant on whether she should proceed with a formal plat application. Staff does not wish to be in the position of having potentially usurped an applicants rights to come in under an existing code section by our recommendation to start the process with a sketch plan rather than a formal plat application. The issues noted above arc perhaps somewhat muddied by the fact that virtually the same type of #2365 - Valerius May 21, 1998 Page 2 request was approved for a property in this neighborhood in the same zoning district in 1992, for a property which was only assessed a sewer unit for the existing house as part of the Stubbs Bay project. The only difference between that application and the current application is that the current application reqt;ires a lot width variance, although the proposed division line could be moved eastward to maki ;K width variance very minimal. Planning Commission Recommendation Planning Commission reviewed this as a sketch plan on May 18. They referred it to Council for consideration in light of the concurrently proposed ordinance amendment. Some members expressed concern about the width variance, noting that w'e attempt to avoid these where possible but do grant them occasionally for cul-de-sac lots and in unique situations. At the Planning Commission meeting applicant presented a petition of support signed by neighboring property owners. Staff Recommendation Approval of a lot area variance is not recommended due to the precedent that would set. The applicant's options absent such a variance include; 1. Acquiring additional dry buildable (none appears available); 2. Prevailing upon the Council to declare this to be sewered property and grant the wetland credit and lot width variance (as requested); 3. Requesting a rezoning of the site; 4. Selling a portion of the property to an adjacent owner (lot line rearrangement). Applicant wishes to proceed with the subdivision as proposed and on May 21 filed a formal application for preliminary plat approval. Council is requested to provide direction regarding whether this subdivision should proceed. City Attorney Tom Barrett has been requested to review the legal issues surrounding the concurrent and conflicting requests for use of / elimination of the wetland credit. Council should address: whether the property is considered as sewcfed^d ifhot, will Council allow it to be sewered and the wetland credit granteti. ) whether the issue of granting wetland credits is so critical that a moratoriurn shguld be placed on use of the credit. A moratorium would have the effect pf'blo^ng approval of the applicant's request if Council feels that is appropriate. I j whether the granting of a lot width variance is likelyf^hx&:> Chair Smith and Planning Commission Members Ron Moorse, City Administrator Michael P. Gaiif*>n, Senior Planning Coordinator May 11, 1998 Subject: #2365 Chrifinc Valerius, 3750 Bayside Road - Sketch Plan Review Zoning District: LR-1 A, Single Family Lakeshore Residential, 2-acre Application:petch Plan Review of proposed subdivision to create an additional building site from this parcel containing 3.31 acres of dry buildable land plus 1.20 acres of wetland. Pertinent Code Sections: 1.Section 10.55, Flood Plain and Wetlands Management - Subd. 15: Land Development and Platting - A. Minimum Lot Area Requirements * (3) Area credit for 'flood fringe' in sewered areas: toward the dry iniemM.Tr "tostdential properties served by municipal sanitary sewer". St^ intetprets thi: mean properues which have been assessed for and provided with sewer Mere mctaon of property in the MUSA does no, necessarily mean it is "served by mlcipTsatS!^ sewer . large property asses.-ed for one sewer unit is not necessarily 'served by sewer' to prop^^^^^ ^ subdivision unless the City CouTiCil chooses to grant additional sewer units to that 2. Section 10.23, Subd. 6B: LR-1 A District Minimum Lot Requirements* Minimum Lot Width = 200' Minimum Lot Area = 2.0 Lcres .rea3. Section 11.05, Subd.2.24: Subdivision Code Definition of Minimum Lot Ai.„ (Excludes 'wetlands' and 'vehicular or pedestrian easements' from inclusion as credit toward calculated minimum lot area) List of Exhibits A - Application B - Plat Map C - Preliminary Plat (Sketch Plan ) Drawi.ng D - Sketch Plan with Staff Notes E - Pertinent Code Sections #2365 - Sketch Plan May 11, 1998 Page 2 Background This 4.5 acre parcel was created via subdivision in 1993. The existing house was provided with sewer ^part of the 1992-93 Stubbs Bay project, but the property was assessed for only one sewer umt. There was no intent by the City at the time sewer was provided to reach a conclusion as wh-^her this property was further subdividable. Only a stub to serve the e.xisting house is shown on the sewer As-Built plans. TTie applicant had her surveyor lay out a proposed subdivision that exhibits the following lot dimensions: LQt }Lsil Total Gross Area 2.23 acres 2.28 acres 4.51 acres Wetland 0.85 acres 0.35 acres 1.20 acres Dry Buildable Area Less Veh. Easem’t 1.38 acres -0.10 acres 1.28 acres 1.93 acres 3.31 acres Defined Lot Width*185'±214’±399'± ♦ As measured per ordinance at the 50’ front setback line Lot 1 requires a variance for lot area and lot width. Lot 2 requires a variance for lot area. Lot Width Variance Analysis The proposed width of Lot 1 is approximately 185' by definition (as measured at the 'rear of the required front yard’, i.e. at the 50’ front setback line). However, the flmctional width of Lot 1 as measured perpendicular to the side lot lines is about 142’. With the required 30 ’ side setbacks, a house approximately 80’ in width could be placed on the lot without requiring setback variances. Lot Area Variance Analysis Staff IS aware of only two lot area variances granted by the City since 1975 in relation to new residential subdivisions. In one case, this was the result of a City-motivated downzoning to eliminate the Stubbs Bay Marina. The second case resulted from a 1980 agreement related to the Minnetonka Bluffs sewer project and the potential need to condemn land for a lift station. Both #2365 - Sketch Plan May 11, 1998 Page 3 these area variance cases were quite unique and the Council found them to be justified. In virtually all other residential subdivisions since 1975, the City has held strictly to the minimum lot area requirements. The use of the wetland credit for sewered properties has been used in only a relatively small number of residential subdivisions since the credit came into effect in 1970. It has also been used for at least one identifiable 'existing lot of record' (West Femdale Road). However, the City' Council has indicated that the provision of sewer to existing residences in the LR-1A district to solve pre-existing septic system problems, must not be construed as an intent to suddenly allow the subdivision of otherwise unsubdividable parcels in the 2-acre zone. In fact, staff has been able to identify no such approvals occurring since the 2-acre zones were created in 1975. Applicant's property contains only 3.31 acres of dry buildable land, of which 0.10 acres is a driveway easement serving homes at 3770-3780 Bayside and is not creditable toward minimum lot area. The property clearly does not not contain enough creditable area to be subdivided under the LR-1 A standards, unless one of the following occurs: 1. 2. 3. 4. Applicant acquires additional adjacent contiguous dry buildable land {however, there does not appear to be excess dry buildable in any adjacent property). Council agrees to grant a second sewer unit and grants the wetland credit {which Council has indicated is not their general intent for newly-sewered 2-acre zones; note that Council has directed that a hearing be held for a zoning amendment to eliminate the wetland credit enti^^l" which is scheduled for the May 18 meeting).). The Council finds there is sufficient justification to grant a lot area variance {which is unlikely because there is nothing unique about this situation as compared to the two cases noted earlier). The property and surrounding area is rezoned for smaller lot ,'izes {the Council has consistently indicated over the last 20 years that zoning of the 2-acre districts will not be changed just because sewer is provided). Other Subdivision Issues/Factors The site is served by a single driveway within proposed Lot 2, which could function as a shared driveway for both Lots. The access situation would require review and approval by Hennepin County since Bayside Road is County Road 84. Bringing a third user to the existing easement driveway serving 3770-3780 is also an option for consideration, but brings up the issue of the need for improving that to a private road standard. r #2365 - Sketch Plan May 11, 1998 Page 4 ^ existing shed on Lot 1 would have to be removed as a condition of subdivision approval sinc<; it becomes an accessory structure without a principal structure. Only Lot 2 would have lake access via Outlot B of Burger's Bayside Addition. Lot 1 would not fe allowed lake access because Outlot B is only 122 ’ in width. A covenant would be filed with this subdivision indicating no lake access easement can be created in favor of Lot 1. The subdivision would be subject to park dedication of either 8% of the land or a park fee of 8% of tlie fair market value of Lot 1. If the value of Lot 1 exceeds $61,250, the park fee would be capped at $4,900 per City ordinance. If the City ultimately approved this proposal, a sewer connection charge of $14,665 (1998 fee schedule) would be due at final plat approval. Staff Recommendation Approval of the lot area variance for this new subdivision would be inconsistent with the City's past practice and is not recommended. There arc no unique circumstances here, and no hardship making it impossible to use the land, since the land is being used for an existing residence. Approval of the lot width variance is a secondary issue. The City has granted lot width variances for subdivisions where additional land is lacking but a home can be built that meets all setback requirements. If the lot area issue could be resolved, a lot width variance might be justifiable. One option for applicant to consider is to sell a portion of the property to an ahuttiny owner, which would require a Lot Line Rearrangement. This might allow applicant to retrieve some value from lhe..OXggSS land while making an adjacent property more conforming to lot area standards. Planning Commission Direction Requested This is a sketch plan request which doesn't require formal action, but the applicant does need direction as to whether Planning Commission will recommend the granting of a lot area variance in order for this subdivision to occur. If not, would you recommend the alternative of a lot line rearrangement with a neighboring property? This item will be presented to Council on May 26 if applicant so requests, or if Planning Commission recommends in fav'or of the area variance. CIT •NO - SUBDIVISION APPLICATION Application # Date Received Amount Paid ^^r'tc.crz) PROPERTY LOCATION . . . ^ , Siieaddress 3 7^^ ^O/ ^^o/Oo Property Identification Number (PID) I^2.1 ^OO'2-O Please check one - Property K abstract or____torrens? ^^^Tfach legal descriptioiTfd^pplication. APPLICANT Name Address ?>'7 ‘?D Q.^ City _____diLd/OO.________/?^A*______ Phone (home) Jt^JSzS1 s£3 Zip553;a Phone (work) >- OWNER (if different than applicant) Name Address City__Zip Phone (home) Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size . <».■ / /. 2 y.5-/ Present use (check)>C Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ * • * • • Present Zoning District ^ A*-/A ✓ 's.. PROPOSAL _____ Division for Tax Purposes _____Lot Line Rearrangement Only (no new buildling sites) X__ Subdivision for New Building Sites _Existing Units __New Units Total Units r Number of Building Sites / / S- •' Proposed Gross Density Minimum Lot Size Proposed Use (check) Z___Units per >__Acres X umis per ^< Sq. Ft. Dry Buildable Land ^J2. Residential -----------------— Other (specify)_________ r ^^NIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. • ^ Completed application form. 3. Preliminary plat information on Certificate of Survey. /y^va ^ Certified Property Owners List of owners within 350’ (> ou must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official ’s Signature ______________________________________Date ____________________________________ MLMMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official ’s Signature _______________________________________ Date ______ I. APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) $250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 _____ Subdivision Application (Class I & II) $350.00 _____ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) _____ Final Plat Application (Class III) $200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 Totals Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (Np change from original application) Renewal of Class 111, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class HI Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + $.50/lineal ft.; _____Proposed Public Roads $900.00 + $.50/lineal ft; _ lin. ft. X .50 ® $ 'lin. ft. X .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Stonri Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x _____new lots C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____PRD Application with Subdivision $30.00/DweIling Unit The applicant hereby agree sm provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning CommissioiKafra^url^'necessary to process this application and further agrees to pay all additional fees established by ordinance. <T J// y Applicant ’s Signaturet ------^ -------- Date ^/// 1J2A_--------------------- Owner’s Signature Date Applicant must have all submittals into the City Office 25 days before tlie Planning Commission meeting. Planning Commission meetings are held on ’he third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. J r j S 89M8'35'' E 176.76 or^ (Dro in CN o O CERTIFICATE OF SURVEY FOR CHRISTINE VALERIUS OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND ADDITION HENNEPIN COUNTY, MINNESOTA *r L N 89M4' 16" W 149.05 in "S S 89*44‘ 16" E 148.50 o ^o N 89*35'41" W LFCAL DFSCRIPTIQN OF PRFMt<;r<^ ! Lot 2. Block 1, BURGERS BAYSIDE SECOND ADDITION o : denotes iron morker Beorings snown ore based upon on assumed dalum. This survey intends to show the boundaries of the above described pron^'ty ond the location of on existing house, shed, ond grovel drivewoy tn,s»di>n. I*, does not purport to show ony other improvements or encroachments. ^A(4 - 4. ft f jrfff OeSiCNEO drawn REVISION DATE OESCRFTION , COFFIN it GRONBERG, INC. CONSULTING ENCt€ERS, LAND SURVEYORS. SUE PLANNERS I HCR£bY CEPTFY THAT THS P AN. SPECfXATlOK OR REPORT WAS PR€PAR£D BY UE OR IfCCR UY ORECT SUPERVISION AND THAT I AU A DULY LtCCNSO) PROfCSSXMAL CNCfCER UNDCR T>€ LAWS or the state Of fc»#«SOTA. SC^ET DATE 0BL 7 ’* DATE -25-08 D6 NO. CERTIFICATE DF SURVEY FOR CHRISTINE VALERIUS OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND ADDITION HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISE^; ; Lot 2. Block 1. BURGERS DmYSIOE SECOND ADDITION 0 : denotes iron morker Bearings snown ore based upon on assumed dolum. This survey Intends to show the boundaries of the obove described properly, ond the location of on existing house, shed, ond grovel driveway thereon. It does r>ot purport to show any other improvements or encroachments. TVry# 4.Stt4ri€r oesicico REVISION DATE OeSCRPTlON DRAWN • COFFIN & GRONBERG, INC. CONSULTWC ENCtCERS, LAND SURVEYORS. SITE PLANNERS I HEREBY CERTFY T>UT THS PLAK SPECfCATlOK OR REPORT WAS PREPARED BY UE OR IfCER UY (WECT SUPCRV6ION AND THAT I AM A DULY LICENSED PROFESSIONAL ENCfCER UCCR TF€ LAWS or ^hE state of ly»tCSOTA. SC^E DATE 5-25-08 UD OII •I* • ' O C\ OESICICO S 89»48' 35" E 176.76 o cdro If) CM oO CERTIFICATE DF SURVEY FOR CHRISTINE VALERIUS OF LOT 2, BLOCK 1, BURGERS BAYSIDE SECOND ADDITION HENNEPIN COUNTY. MINNESOTA cL N 89*44' 16" W 149.05 in S 89*44' 16" E 148.50 ^ i \//////////a'////. l_2-r4/.?3> (/otrT-o.i-> _ 2 • 2-2> Ao 2- • ^?xX tV ^ itocL, \/eU. (fAs»u7-, / '•/X / 1 / eAS^VvT". /s oye^ (>p^ L^r /. c>^ - 0*^0 o N 89505'41." W / feP, \}^cuLA^ MOTS^ ' TBAYSIDE ROADI h-cn LFCAL nrSCRIPTIQN OF PR^MISgS : Lot 2. Block 1. BURGERS BAYSIOL SECOND ADDITION o ! denotes iron marker Beorings shown ore bos2d upon on ossumed dolum. X This survey intends to show the boundories of the obove described property, ond the location ol on existing house, shed, ond grovel driveway thereon. It does not purport to show any other improvements or encroachments. - </.// f jetfj \ -f' \I oedoco REVISION DATE OCSCRFTON DRAWN • V COFFIN & GRONBERG, INC. CONSULTMG ENGtCERS, LAND SURVEYORS. SUE PLA^tCRS * MCRtQY CtRTfY THAT TWS PLAH SPCCTICATDN. OR REPORT WAS PREPARED BY UE OR iJfCER UY OftECT SUPERVISON AM) THAT I AM A DULY UCENSED PROFESSIONAL ENCtCER IMXR TIC LAWS OF TIC STATE OF WRtCSOTA. SCALE V'-S DATE 5-25-Q8 /0 t ^ ^ § 10.55 A. Minimum Lot Area Requirements. The minimum lot area reauirements of this Chapter shall be interpreted to all of the required land aren for each building ^^te sjial one contiguous parcel undivided by Floodway or Flood land within the protected area shall be included in aetermination of minimum lot area, except as specifically provided for herein. 1 For properties not served by municipal sanitary sewer, the rainimuti lot area may be divided by Flood ^“"9® lands provided at least 2.0 acres o£ land not area is included in one contiguous parcel and legal available to that building site without encroachment on the protected area. 2, For properties served by municipal sanitary sewer, the minimum lot area may be provided at least one half acre -f land not within the protecte area is included in one contiguous parcel and both and legal access is available to that building site without encroachment on the protected area. n: 3 For residential properties served by municipal sanitary sewer, a limited density credit may be ?e%^^'emln^^i£"\hr iLd-dev^^"o%l^r the amount of his adjacent land which otherwise development under this Chapter Sucn credit ®h®UJ>e I F F t I E E I I I t Fxnod Plafn^^Ad^f/eti?n^"c^nVe?va?io developed and is not used for credit as .n Subparagraph *1' ^"not of subdivision 15, and which is dedicated as an easement 5^11 not be subject to special assessments to defray ^he cost of other municioal improvement projects, including but not limited to sanitarv sewer and water mains and storm sewer improvements. Subd 17. Nuisance. Any filling, alteration, construction or artificial obstruction of ^he Flood Plain and Wetlands Conservation Area is declared to be and o c . ^ public nuisance unless a permit to construct and maintain th Obstruction has been obtained in the manner provided herein. A. Removal of Artificial Obstruction. If an artificial obstruction is found after investigation by the C‘^ a® order shall be issued to the owner, following ten oays notice and hearing thereon, for removal within a reasonable time E ORONO CC ?71 (4-1-84) E I I I I I I i 1 3 3 a 3 I! €-2 § 10.23 Subd. 2. Lakeshore Set Back, Hard Cover, and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-IA" One Family Lakeshore Residential District, no land or structures shall be used except for one or more of the following uses: District. A. Any permitted use as regulated in the "R-IA" Subd. 4. Conditional Uses. Within any "LR-lA” One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: District. A. Any conditional use as regulated in the "R-IA" Subd. 5. Accessory Uses. Within any "LR-IA" One Family Lakeshore Residential District, the following uses shall be a permitted accessory use: A. Any accessory use as regulated in the "R-IA" District and 'private docks* subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Heigh t. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. be observed; B. Lots. The following minimum requirements shall Lot Area Lot Width 2 acres 200 feet Front Yard 50 feet Side Yard 30 feet Side Yard Adjacent to Street 50 feet Rear Yard 50 feet SBC. 10.24. r.R-lB ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-IB" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medi-.-m density residential developments and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect these natural resources from the effects of dense development. This district shall have immediate access to highways and public sanitary sewer". ORONO CC 284 (4-1-84) e-3 § 11.03 21.*,*. "Improvements, Private" - Any improvement, reauired by this Chapter, which improvement the City or subdivider shall construct at subdivider's expense and for which the City will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the City. 22. "Improvements, Public" - Any improvement, required by this Chapter, which improvement the City or subdivider shall construct at subdivider's expense and for which the City will ultimately assume the responsibility for its maintenance and opera tion upon issuance of the certificate of satisfactory completion. 23. "Lot" - A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, or transfer of ownership or for building development. Every platted lot shall be a buildable lot or an outlot. ^— 24. "Lot Area, Minimum" - Each lot shall contain the minimum area reauired for each proposed lot as prescribed in the Zoning Chapter of the City Code. In rural zones not served by sanitary sewer, each lot must contain a minimum of two acres of contiguous dry buildable land exclusive of wetlands, public and private rights—of—way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water or areas at or below the flood plain elevation for a specific property. All rural lots must comply with the City's on-site septic system provisions of the City Code. In urban areas served by sanitary sewer, each lot must contain contiguous dry b.uilosble land equal to the minimum areas as prescribed in the Zoning Chapter of the City Code or half-acre, whichever is less, (exclusive-of public and private rights-of-way, . vehicular or pedestrian ease ments, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the flood plain eleva tion for a specific property) and have legal access to the building site without encroachment of a wetland or flood plain area. 25. "Lot, Buildable" - A lot or combination of lots or outlots which meet all of the requirements of the Zoning Chapter of the City Code and this Chapter for the intended purpose. 26. "Lot, Outlot" - A lot which is intended only for public or private roadways, open space or other use, which use must be restricted by the appropriate easement and which use must be approved by the City at the time of final plat approval. The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement. 27. "Lot, Corner" - A lot situated intersection of two (2) streets, the interior angle intersection not exceeding 135 degrees. at the of such I, I r r f [ [ [ [ i [ i i { i I i I ORONO CC 419 (4-1-84) A i ! r>>M U LJ. H. • I f—S, * • i i ’I ^ I . 2 0 s5 5a9*J5'4/"£575.76 •••« K-------------------------------■^■'^7^ t ) 11 ^ LOT 1 ’v^ • # ^ \rY-. >> \ 3jr' w ..- Vv^ Vv ! V \**>^ • r\ ' V'«*^ \ ^A'‘•r .... •> ' .... »(r.O . \\ • N. \ : V’ *y- !,JTi ' QTPiF P.AP k 'i ii.-L.oiL.ir- i "M\fN II May 18, 1998 City of Orono Enclosed you will find a signed petition from all of the neighbors that would be affected by a subdivision of our property giving us support in our endeavors. Only one person on the list of properties within 350’ feet did not sign. The person who did not wish to sign is not an owner of an abutting property, they simply were not happy with the variances you granted to other new homes in the area. The two newest homes that both abut our property do not have two acre lots, they also do not have 200 ’ ft width. You will find that this subdivision would be consistent with the other properties in the area- actually our lots each would be bigger than both of the lots of the two new homes. Thank You Christine & Gary Valerius I f r This letter is regarding the property we own at 3750 Bayside Rd. We purchased this property in 1992 with the intent of subdividing after the sewer was put in. At the time of purchase, we spoke with Jean at the city and were told we had to wait until the sewer was in. We have hired a surveyor and have divided the property in a manner consistent with other properties in the area. We are asking for your support in our subdivision. Thank You ::,^ignature ■ 1. ^ Tccfcj 57 ^75" UcK.i,\(S 3"7t^ C* ^ 3.77(city/\Jl 7. D. 8. 9. 10. 11. 12. 13. 14. 15. Thank you for your support Christine & Gary Valerius I*s»- REQUEST FOR COUNCIL ACTION COUNCIL f/£STINQ JUN 1 9 1998 crPi' or ORONO DATE: June 16, 1998 ITEM NO.: S Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2376 Richard and Marion Brown 2685 Shadywood Road Condition Use Permit - Resolution - Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 51,777 sq. ft. (1.18 acres) Application: The applicants are requesting a conditional use permit to repair their boathouse by adding new posts to raise the entrance and level the structure. A conditional use permit is required to work below the ordinaiy high water level. PLANNING COMMISSION RECOMMENDATION: To approve (7-0) subject to staff recommendation and to remove the wood from an old fence that surrounds the boathouse. COUNCIL ACTION REQUES'i ED: To amend or approve the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.09, AND SECTION 10.56, SUBDIVISION 3 (29) FILE NO. 2376 WHEREAS, Richard W. and Marion Brown (hereinafter the "applicants") are the owners of the propcity located at 2376 Shadywood Road within the City of Orono (hereinafter "City") and legally described as: Lot 24, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a conditional use permit to Municipal Zoning Code Section 10.56, Subdivision 3 (29) to permit repair work to level an existing boathouse by replacing structural support posts. A conditional use permit is required to work below the ordinary high water level (OHWL). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 3. FINDINGS This application was reviewed as Zoning File #2376. The property is located in the LR-IB Zoning District, where 1 acre is the minimum lot area. The property consists of 1.18 acre or 51,777 sq. ft. The Orono Planning Commission reviewed this application on June 15, 1998 and recommended approval of a vote of (7 to 0). Page 1 of 4 1 4. The Planning Commission made the following findings of fact: a. The proposed repair work is in compliance with the objectives of the zoning code and the LR-IB district. b. The repair work will not change the size or location of the structure. 5. c. d. The repair work is necessary to retain the property owner's interest in the property. The work below the ordinary high water level (OHWL) will not have a negative impact on the lake or environment. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. - 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 conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.09, and Section 10.56, Subdivision 3 (29) to permit repair to the structural support of an existing boathouse where a conditional use permit is required to work below the ordinary high water level, subject to the following conditions: 1. The size of the boathouse structure shall not be increased. 2. The construction shall conform to building code requirements. Page 2 of 4 3. U * 6. 7. The construction shall be substantially similar to the submitted plans dated May 15, 1998, as reviewed and approved by the Building Official. The applicant shall remove the wood from an old fence around the boat house. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (June 22, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 22nd day of June, 1998. ATTEST; Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of ) ss. andforsaidcoumy. personallylSi^fid----------------~ known » "le to be the person(s) described in and who executed the foregoing instniiSiSlSd acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of ) ss. NOTARY PUBLIC 199_ before me a Notary Public withinand for said county, personally appeared known jo me to be the person(s) described in and who executed the foregoing instru^iiiriiid acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) nnH --------------------------- 199 before me a Notary Public withinand for said county, personally appeared wuum known to me to be the person(s) descri^ m and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator 0 Paul Weinberger, Assistant Zoning Administrator Junes, 1998 #2376 Richard W. Brown 2376 Shady wood Road Conditional Use Permit -Public Hearing Zoning District; LR-IB, One Family Lakeshore Residential District (I acre) l-o* Size: 51.777 sq.ft. (1.18 acres! Application:The applic^t is requesting a Conditional Use Permit to work below the Ordinary High Water Level for improvements to the boathouse that exists on the property. The project includes adding 4 new wood posts to raise the lakeside boat entrance to level the structure, and add a new beam along the bottom of the structure for support. Pertinent Ordinances: • Section 10.09, Conditional Uses Section 10.56, Subd. 3(29), Water Oriented Accessory Structures Proposed Project: The boathouse has been located in its present location for many years. The applicant has proposed to do some structural modifications that would level the boathouse. The applicant hcs indicated the boathouse is in good condition. The modification would include placing new wood posts under the boathouse with beams above the posts to support the structure City Code states any work done below the Ordinary High Water Level requires a Conditional Use Permit. The extent of the work will have little effect on the structure. ^2376 Richard Brown 2685 Shadywood Road CUP 6/15/98 pcge-l Findings: 2. 4. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located; That the proposed location of the conditional use and the proposed use would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; That the proposed use of the structure would not change from the existing use; That ’the propo-rcd conditional use will comply with each of the applicable provisions of the Zoning Chapter. Staff Recommendation Staff recommends approval of the Conditional Use Permit subject to the following conditions: 3. The exterior of the structure shall not increase in size. The construction shall be in conformance with the Building Code. The construction shall be completed substantially similar to the plans, submitted by the applicant, on file with the City’s Building and Zoning Department (Dated May 15,1998), subject to review by the Building Official. Attachments Plat Map Site Plan Topography Application Construction Plan Permit Record U2376 Richard IV. Brown 2685 Shadywood Road CUP 6/15/98 page-2 r t / (5) ‘5—^' ' ^ ® './A' <?'fe- ^'43\-6.s ■#^ \ ' \V 5 (5U \ (23) \ X PT cr LOT 10 (2D1 2C6.9“^ 104.54 <5o '■ * ib'--? r/« • ••• ■ ..• ! _i .............. — u-B .v'v-i <c 1 oo i5 / " O-OP^:c k . ^ /►’■ *5 /- . (15) 8 l7^- ^ \ \ \ C4 Vi (2B) FART CP LOT 10 (1) I. f 4 i fs'ffif' ■'■\ _ jW.__ EXHIBIT A C9 ^ o'r , (3)/ / JLlp$S / sy//y •'• .t.................• •• •*••••.•, EXHIBIT B Plr.t of Survey for Hi chare: H. Breus ted t in Lot 24, Phoasant Ijawn Hennepin County, Mirihesota '/ Certificate of Survey; ^ I hereby certify that this is a true and correct representation of a suivey of the boundaries ol that part of Lot 24, Pheasant Lawn, lyinf, North westerly of a line drawn parallel with and ^ 130 feet Northwesterly from th^ Southeast- erly line of said lot, the location of all existing; buildings thereon, and the shoreline as of Karch 9, 1977. No monuments have been placed to estab^sh lot lines^^ ^ *• Land Surveyor and Planner Long take, Minnesota Scale; 1« = 60* Date ; 3-9-77 f , i » ' \t r;. ly ■ EXHIBIT D Application # c^3 7(^ CITY OF ORONO - VARIANCE APPLICATION . Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afler-the-Fact Fees (Double application fee) PROPERTY INFORMATION 1 Site Address "Pmd Property Identification Number (P.I.D.) 3lI-. 111-^ 3^^ Date Received 3^- ^ '• Amount Paid 60 Attach legal description to application if not included on required survey. Date Property Acquired ___________________________________________(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property; ✓ residential ___pother (specify)___________________ Zoning District: 1 g.- IB __________ APPLICANT ^ Phone (home) _____ Phone(woric ) ^*7 Addressjpg^/y City :j^x^c.^.g> o^ Zip:.. -rni \5 . OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:.Zip: Dl^CRIPTION OF REQUEST ^ Estimated Constmction Cost $_______' Describe request in detail; '77^ * _______________________________________________ _________________ ~ (attach additional sheets if necessary) r VARIANCES REQUIRED Lot Area Setback: ___Lot Width • Front Side ^ 9 ‘Hardcover »» Rear Lot Coverage •i__ Average Lakeshore Other (specify)Sacl 6 UAL ^ ^ yVJ HARDSHIP/DESCRIPTION OF UNUS yn/C/ PROPERTY CONDITIONS Describe undue hardship or practical difficulty ^or ;unusual property conditions preventing complmce with Zoning (2ode requirements: /t/^ ICZ/'Ui / (attach additional sheets if necessary) EXHIBIT E page 1 of3 BOAT HOUSE 2685 SHADYWOOD RD. CONDITIONS AS OF 5/15/98 By R.W.Brown P.E ph 479^97 r EXHIBIT E page 2 of 3 yA" wood post —16" da concrete Galvanized steel cover Typical ejdsting post r steel rods 2‘\2' angle both sides ^ 2-1/2'ppe 1/4xT s^ap Deta1 A-A Typbal Frame x6 Existing post numbe top to water v/ater to boat house condifion of post 1)3.25"9"pcxx- 2)1"10"poor 3)3.50"10"good 4)5"12.5"far 5)6"12.5"far 6)8"14"poor 7)10.5"15"good 8)12"14"far 9)12"12"good back O' erxl page 2of 3 BOAT HOUSE 2685 SHADYWOOD RD. CONDITIONS AS OF 5/15/98 By RW.Brown P.E. ph 479^97 REQUEST FOR COUNCIL ACTION COUNCIL MEETING JUN 1 9 1998 crpf OF ORONO DATE; June 17,1998 ITEM NO. Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed: Item Description: #2377 John Chenoweth, having an interest in 3850 Shoreline Drive OronoMN Finding of Substantially Similar Use and Commercial Site Plan Zoning District: B-5 Limited Neighborhood Business District Lot Area: 35,028 sq. ft. (.80 acres) Application: The applicant intends to purchase the property as 3850 Shoreline Drive, which is currently o^ratmg as ”Bav Furniture". The applicant intends to operate a ftimiture store at this location and include home accessories such as lamps, pictures, baskets, etc. He is concerned about the ‘‘"’‘tations of the B-5 zoning district and is requesting that the City Council approve his site plan and find that the proposed use is similar to the current use which was granted a finding of substantially similar ^e in 1986. The applicant has also requested that the City consider expanding the uses listed in the district. PLANNING COMMISSION RECOMMENDATION: To approve the commercial site plan and find that the proposed use substantially similar to the current use and compatible with other B-5 uses, subject to: Applicant to provide a landscaping plan to show which plants vrill be trimmed, removed or replaced. . 2. Restripe the parking lot, so that each stall in 9’x20 ’, ^vith a minimum of 12 spaces. 3. Applicant to work with staff to determine signage in compliance with Section 10.61. COUNCIL ACTION REQUESTED: To amend as approve the findings as recommended by the Planning Commission. 1. City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE: TO: FROM: June 10, 1998 Chair Smith and Orono Planning Commission Members Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: JohnChenoweth, having an interest in3850 Shoreline Drive ^ Commercial Site Plan and Finding of Substantially Similar Use_________ Zoning: B-5, Limited Neighborhood Business District Lot Size: 35,028.00 sq. ft. (.80 acres) Building Size:6,720 sq. ft. Required Parking:6,720-500=6,200 6,200/500=12.44 Twelve (12) parking spaces are required. Application: The applicant, Mr. John Chenoweth, is interested in purchasing the building at 3850 Shoreline Drive which is currently owned and operated by Mr. Steve Katainen as "Bay Furniture". Mr. Katainen has operated the business at this location since November 1987. The property is zoned B5, Limited Neighborhood Business District. A furniture store is not listed in the B5 district as either a permitted or conditional use. In April 1986, the City Council determined that the proposed furniture store was compatible with the other uses in the zoning district and would operate substantially similar to a "gallery". In October 1986, the City Council approved the commercial site plan for the furniture store. Mr. Chenow'eth is asking for the same consideration that was granted in 1986, noting that his proposed business is to continue to sell furniture and add home accessories such as lamps, 1 1 pictures, mirrors, glassware/ceramics, and artificial plants and baskets. He also proposing to paint the interior and extenor and remove overgrown shrubs and bushes. He has indicated that signage would be in conformance with the Zoning Code. Sta^ Recommendation: 1. 2. To recommend that the proposed furniture store with home accessories is substantially similar to other permitted uses. To recommend approval of the commercial site plan, subject to the following: a. The applicant is to provide a plan for removal/replacement of plantings to be reviewed by the City’s consultant to effectively screen the use alone the east property line. b. Applicant to restripe the parking lot to so that each stall is 9 ’ bv 20' with at least 12 parking spaces. c.Applicant to submit signage plan that is in compliance with Section 10 61 and obtain a sign permit. Attachments: application Applicant's letter Elevation Survey Floor Plan Zoning Map B-5 District Zoning District standards Staff Report from April 10, 1986 Notice of Council Action--4/21/86 City Council minutes--4/14/86 City Council minutes-10/27/86 I A % CITY OF ORONO - Application ^'^'77 Date Received 3 <9 ^ Amount Paid ^5^7) .c-o GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3'^S~0 __________ Type of Applicatijn to be Filed ________________________________________ Property Identification Number (P.I.D.) I*"?- M "7 ~'ISS 3*3 00 0^ APPLICANT , . , Name ^]oU/) (JUe.UDIa/^ Address OWNER (if different than applicant) Name /O Phone (home) _ _ _ _ _ Phone (work) "“?/ o - "77 / ^ «^6» 1^7 ^ity 6ry-T:>*-<g> Zip Phone (home) ^^2^' T f ^ Phone (work) '^'7 ^ c; Address .Z-^Go Dr Ar t-jsj ^ City *g>~pr°>vL /i\u Zip 1 -7 I3L3 7Date Property Acquired fVJDl/ I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____SI75.00 Residential Accessory Use _____S250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore _____PRD/PID - see Fee Schedule _____$150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee (month/year) M^2l3 OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals ___Other - see Fee Schedule Of SwRyTAlJT/WkiM SIKIL/W- 1. 2. 3. REQUIRED SUBMITTALS ____ Completed Application Form. ____Describe request in detail. ------- Certified Prope^ Owners List of owners within 350’, labels and plat map (you rriust obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). ------- Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. ------- Attach legal description to application if not included on required survey. ------- Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ------- List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ------- Construction plan, if applicable (see staff for requirements). -------As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (il'* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staft will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:________ Date 4. 5. 6. 7. 8. 9. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is ^e and correct to the best of his/her knowledge. Applicant's signature Date OWNER’S SIGNAT The owner hereby acknowledges and agrees to this application and further authorized reasonable entr>' onto the property b> City staff, consultants, agents, commission members, and Council member^or purposes of ii^stigation and verification of this request. Owner's signature Date ^// 3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. r • 06'05-9S FRI 12:19 FAX 612SS21167 Bay Home Furnishinas CHENOWETH BUILDERS 710-7^14 Fa.\43S-22S2 I2l <102 74 j> *T2ncc Avf Suilc :S5 Fitin i Mn June 05. 1995 Cit>‘ of Orono P 6. Box 66 Ciysial Bay, Mn 55323 Liz VanZomeren, 1 am writing this letter in reference to my coversation with Stevo Katnincn on June 5,1998. The changes I'm planning to make arc 1) Paint the &Kterior and interior, 2) Remove overgrown shrubs and bushes, 3) New sign (follow local code) My goal in this business is to continue with fumimre but 1 want to diversify into home accessories which includes ligluing(Iamps), pictures, mirrors, glassware(bowls.\’ases.&other glass items), cenunic(bowIs.vases.pois). and ({Teens which include artificial trees and baskets which will be pre-madc or custom order. If there are any questions or comments please contact me. Sincerely, John Chenoweih : * ■J1 C- >«fUAn «pK<jiw. \ - Lf l■^•■|.'' f*»»' ' • V1><»«> it»i*mi n» ^Uf . ^xctT»^ ti,y r.T.-ci‘j ,a i rovrinMii' :piii'- «s7«9UTfi ’ 5ir.vAi r<Pig <eAii$ y»<« ■••g' ®sw1S r \ { T) he West 515.00 feet of the South of Govemient Lot 8, Section 17, West of the Fifth Principal•IT 4# / f' c- oor > • • » : •. * I j^ r•- -• •-•i—•♦ • '.*7:5^y----,•'! V ^JA-I'^—-V-~ h » .» V> - .V • ».VA ’ • I ••••»•? • •• c^l W' MIS ,if I L»' —_ ___]1'1 ✓------------------------------.............|C1 n i • j S•i.A. ^_______'mt A? ■^l/e-/8 mu *9X0 X j"" •— — •.— r t i ~.-«5' [; 'T\* e>’H I LR-K-I °%4 \\>^ '* \‘i\y ■‘^v’* vv^'*'2A ' **“1:4; ^ ' K‘_«-i y w^y —***^ « S' ti"%.''T;<?- „’?■ «• • « f® »••••• li— !♦» 9 9* % 9m m4 •••• /J k i-'‘ . ‘T ^ •-- « | * Ay ^ L^-H srf:—^ 1— - •• •-V... »w«. »v ; •' ’**' , i •»■§•• •••« r' " X ^ n Ul * • |X Y \ .i \ J*«ow •< »^* ••• ^<«.«« u ^.\ t\.i,* ?.t',“W.l'M •• I ■ r.•. 5. 7.Ox? \ ■•l- I . •. *' i f •- s n.*' •. 0 ' •■ ’ '•-••.• i i| > .7 -* • •'•'' •it •*V5r*.i \ .».:• .. '.V.. • * * • . • I • 'V*-* • .frf• ^ •• • • • ?<V;.;V:i.>«;: ;: - •. V«:\*.T • • • Ji• • • {:t • k. : i •■•: i'* * v v.T . ; •• ••:•• . n •.; •;v cJ^ Ai|•ao S•.--- ^(49) iS—- •• % tH1 t5J«S21 (3.)'5 • ^ jjCMr » V (30) _ V(3^ H » t« t « (53) via 9 i(5fx ' *9Q 1 M •A B-5 LiHiteD NiaiGrl4Boi24tooDH "P/5TEICT § 10.44 Subd. 2. Application. All applications for a building permit in any "B-5 ” Limited Neighborhood Business District shall be reviewed by the Council and referred to the Planning Commission for review. . Subd. 3. Permitted Uses. Within any "B-5" Business I District, no structure or land shall be used except for one of the \following uses or uses deemed similar by the Council: A. B. C. D. E. F. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. estate office. G. Banks, loan company, insurance company, real H. I. J. K. L. Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift store. M. N. O. P. Q. R. Glassware and pottery. Antique store. Jewelry store. Watch repair. Library. Museum. S. T. U. V.v: Record shop. Music store. Tobacco shop. Galleries. Pet snop. Subd. 4. Conditional Use. * A. Within any "B-5" Limited Business District, no structure or land shall be used for one of the following uses except by conditional use permit: * 1. Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store. 2. Drycleaning store. 3. Tailor shop. 4. Pressing and shoe shine shop. 5. Laundry and cleaning pick-up stations. 7. Veterinary clinic. 8. Kennels. ORONO CC 348 (4-1-84) ■ 9. Coffee or bagel retail stores, subject to the following conditions: a. No more than 50% of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. b.No individual coffee or bagel retail store use shall exceed 2,000 s.f. of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 s.f. of gross floor area. c.The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the zoning code parking requirement standard for restaurant uses. Applicant shall demonstrate that the total parldng needs for the site will be met. d. An individual coffee or bagel retail store use shall be limited to a maximurn of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. . C0MMUNICAT10NS.ME0U DIVISION ORIGINAL DOCUMRNT IS OP POOR OUALITV Mayor But lor Mark Bernhardson» City Administrator Orono Council Members PROM: DATE: SOBJ: Jeanne A. Mabusth# Zoning Administrator April 10, 1986 #1013 Furniture Minnesota, 3850 Shoreline Drive Commercial Site Plan X Zoning District - B-5 Area - 40,808.81 s.f. or .93 acres 20,000 s.f. required Application - Commercial site plan review for proposed 80' x 84' structur*' (6720 s.f.) to house furniture sales/storage operation. List of Exhibits - A - Application B- Plat Map C - City Engineer Cook's Letter D - Minnehaha Creek, Wstershea.District Report E - Planning Commission :Minu :ea,-3/11^ F - Drainage Study... G - Landscape Plan H - Site Plan I ~ Vv’a ter shed - local J - Building Plans S elevations Steve Kataincn, owner of Furniture Minnesota, has purchased the site construct a "gallery" furniture store - "gallery" operation has b*- defined by Katainen as a satellite store handling limited lines furniture. The furniture store would be operated as Katainen's laro** store in St. Paul but on a much smaller scale. The store would car*', limited brands or special lines in limited quantities. Katainen w; M ma*^ such determinations as soon as the needs and tastes of the local ccmmuni arc determined. Furniture sales use is not specifically addressed under D-5 zoning S t a f » ked the Planning Commission to determine the compatibility of » *••• proposed use in relation to the intent of the B-5 zoning ilir.iiitt a pattern of surrounding existing commercial development. The int »nt of the district is to provide a district for bus i ii'^sscs . i • supply comn.odities or perform a service primarily for resident*-. an*i wi . not generate high traffic and excessive amounts of hardcover. Planning Commission found the proposed use compatible not requiring soecial zoning amendment. The use would be a low traffic otnor.-'.toi am for hardcover the B-5 district has no hardcover controls. The proposoi i. • will generate less hardcover than the mixed use facility ‘"'FH’* ^ ' Lowell Zitzloff in 1979 on the same site. Review the site plan - exhibit • - there is adequate green area around the building, structure .in« le e pond. rnMMl)NICAT!QN2Ji£B!A£!ii!SSll .............. DOCUMBNI ■« or ooAHSXORICINAL T CITY OF OROfJO F. 0. Lex C G f' y- \ r r- 1 1 ay, MN 55323 473-7357 TO: Stephen Katainen 871 Payne Ave, St. Paul, MN 55101 COPIES TYPE OF APPLICATION: XX Commercial Site Flan ADDrov"-.! ZONING FILE NO.1013 NOTICE OF COUNCIL ACTION Date of Notice: 4/21/3 «M •»« «w » DATE OF MEETING: 4/14/86 VOTE; 5 For Anainii^t COUL’CIL ACTION - MOTION: Council granted final approval of your Commercial Site Plai Final building plans, signage, lighting and landscaping must h reviev;ed by Council before issurance of a building permit. Pric to issurance of a building permit applicant must complete th :'oliov;inq: 1“ Quit claim deed of right-of-way of Cty. 15 to Fennepi County Highway Dept. 2- Tkinended landscape plan to provide screening/landf'Cspo.n along east side of property line. 3- Executed Developer’s /igreement covering - grading paving, ground cover ahd plantings -• in addition letter o credit or bond. • j .j.- 4- Flov.age and Conservation easement over retention po.nd • see enclosure. 5- Staff to determine nued for additional reviev/ of fee*, over $200.00 application fee - to be paid with buildinc *G- Pay 2 S/.C units with permit at $050.00 ($47 5.00 each). Pay 2 Sewer units with n o r n: i t at $ 8 0 4 . 0 0 ($ 3 3 5. •i $C7v:2-$804 .00 ) «t vLiire certified copies of the offio-j:. ] Council •y a V i 11, ] tr front the City I'.ecorti-.r '’-r City c .. t ^ 0 apprev;.: by the City Courici . j^j3Tj2!!3dII3ZESEI!riIi£nEIIE ?:.ar ist 1: Pric e th neoi ding i ee: ^ dine ' # MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 14, 1986 #1010 DUANE H. HALL 1860 SHADYWOOD ROAD PRELIMINARY SUBDIVISION Acting City Administrator Gerhardson exnlain«:.ii Plainina®r° width, and hardcover,anning Commission recommended denial of <-hic a^d cluni?,- harnotified staff would not Liable®<®’=tached to memo) that he requests ronnt^i% P^^esent at this meeting but ablence. application in his Butler asked Attorney Blatz her opinion reqardina action on this application without applicant's presence! stated her recommendation would be to aplliclft^rs prl^^r^ representative /o? ronno,-i°'' Attorney Blatz's opinion, it was moved bv to tfbJr\tr^ ap^^Tc'atffn?"'’®'' ^■"-“•’er Grabe)c, #1013 STEVE KATAINEN 3850 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW Administrator Gerhardson explained the pplication for a commercial site plan reveiw for proposed 80-X84- structure to hluse furniture ftofi^us=“®® operation. He noted that the furniture fowefer fht currently addressed in the B-S sone, miet the^.v Commission has found the use to hff orovldeH district. Applicant effef lnfo , i necessary information and has agreed to If cLfain agreement to assure completionor certain site improvements. Steve Katainen was present for this natter. Administrator Mabusth noted that the City will hsv M.C.W.d. has confirmed that the property the hvdro?? problems and are satisfied with engineer.^ information submitted by applicant’s b^*fini?h^^^ indicated that the proposed building would four sides with brick & wood siding, finalized!^^ actual building drawings have not been 8 MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD APRIL 14, 1986 #1013 STEVE KATAINEN continued Because Council would like to see the final plans before giving final approval, it was moved by CounciImember Frahm, seconded by CounciImember Grabek, to grant preliminary approval of the Commercial Site Plan and upon receipt of the final plans for signage, lighting, landscaping, and exterior finish of building will grant final approval; and developers agreement to be provided before issuance of building permit. Motion, Ayes 5, Nays 0. 1986 JOINT USE DOCK LICENSE* SANDY BEACH PLACE RESOLUTION #1980 It was moved by CounciImember Frahm, seconded by CounciImember Kammerel, to adopt Resolution #1980 approving a Joint Use Dock License to Sandy Beach Place for the period of January 1, 1986 to December 31, 1986. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: ORONO MWCC INTERC:.PTOR UPDATE City Engineer Glenn Cook introduced Michael Lynch of Bonestroo & Associates who is working for the Metropolitan Waste Control Commission on the Metro Waste Interceptor in Orono. Mr. Lynch reported that the infiltration/inflow study done in 1981 indicated that it would not be cost effective to eliminate the infiltration/inflow to extend the life of the interceptor system. At that time, Orono ' told MWCC to increase capacity or there would be a problem in the near future. He noted that in April 1985 they reached capacity in which 15,000 gallons of sewage overflowed into Lake Minnetonka. At this point, he was hired by MWCC to study the system to determine the areas that were under rapacity and present a preliminary design report. Uj ipproval of the report by MWCC they anticipate improve^, .ts to begin in Spring 1987. Mr. Lynch explained the findings of the study which contained present and future daily wastewater flows, future flow summary, and lift station & interceptor analysis. He pointed out that most of the lift stations were currently over their respective rated capacities. He presented three alternatives to improve the system taking into consideration cost efficiency and causing minimal disruption. Because this project is only at the preliminary stage. Mayor Butler requested Mr. Lynch to keep them informed on this matter. ►S;*: *. COMMUNICATIONS.MEDIA DIVISION ORIGINAL DOCUMGNT IS OP POOR OUALITV !>*■y ••• \ • .1 iuniaiii -•• • *• f ^^^MIHUTBS OF THB RB60LAR ORONO CODltCIL MBBT2NG BBLO OCTOBER 27, 1986 ^012/STBVB KATAZNBN 3838<SB0RBL1NB DRIVE PZHAL APPROVAL OF COMMERCIAL SITE PLAN Steve Kateinen was present for this matter. City Administrator Bernhardson explained the plan whic was conceptually approved by the Council on April J; 1986. Applicant has fulfilled all requirements. Zoning Administrator Mabusth stated that the on 1 outstanding concern was the type of outside lightin- proposed. Mr. Katainen stated that he proposes a light above oar: of the 3 side windows in the portico, 1 coach light c: each side of the door and a light above the door, spc.t lights on the building facing the parking lot. stated the type of lighting for the sign has not yo; oeen determined..-5 • •• • A* • ' \ . i . t • ■ - *.;» f** ■ ‘ .:; '• • *. *1 \ Zoning Administrator Mabusth noted that the spot light: should be directed ito shine down. Rhe stated that r.h - feels assured that staff a iv. Mr. Katainen can woi k together on the appropriate ’i^niing. It was moved by Counci Imember Callahan, seconded I.-- CounciImember Adams, that the Council approve the fin.T and amended commercial site plan and preliminnr-, building plans for Stephen Katainen for a propor.r<i furniture store on the property located at 3nr*' Shoreline Drive, subject to staff approving t.h- lighting. Motion, Ayes 4, Nays 0. #1064 CITY OF ORONO SPATES AVENUE - LIFT STATION CONDITIONAL USB PERMIT City Administrator Bernhardson reviewed the in'*: regarding the requirement for conditional unc perruf- for lift stations, an ordinance that has been cn ’>• books since at least 1968, however the City has nevr-r previously filed a formal condtional use perr.it application for construction of a lift station. When f!i«- issue was raised this year, staff had two courser, r; action to recommend to Council: a) obtain an after-the-fact conditional use permit; b) request an ordinance amendment to dclot*^ •• requirement never utilized. Staff chose the former as it felt that location revirv of such facilities is appropriately a land use isst *'. rnMMUMICATlONS.NEDU DIVISION ORIGINAL DOCUMRNT IS OP POOR QUALITY qocument communications 102386.1 L TO:Mayor Uutler Mark Bornhatdson, City Administrator Orono Council Members OCT 27 I35r> FROM DATE Jeanne A. Mabusth, Zoning Administrator October 23, 1986 f'iVy r.^ .• II vr SU0..CT: List of Zxhibits:A B C D E F G Notice to Applicant Sketch of Sign Yellow Page Add Landscape Plan - Final Enlarged Plan (Presented at Meeting) Landscape Schedule Front Elevation Side/Rear Elevation app.ic^nt submits for approval^ the buVld^'^®^ meeting, the ?*an for Katainen's proposed »ite fulfilled all requestriet flAh hJ aPPlicant has granted conceptual approval to the at the time Councili/Htwvax to the project (review exhibit). •>«« providedi Co?le‘r?™At"r„'dpsr/.in9 areas. A ConscViatiTn a^d P‘“''‘“9 °f retention pond has been executed^lA '•A vo.nt, :or ri9ht of way of SoSnt/load“i “ I tiuilciing i5”shown*as°wlod'°sld'lnqif? °" r)ie construction of the -- an. Sides. A?Two1.^d'l!'iraye:^;„?,^ # -V ^ -- A. % . k ■ c*jm;r.cr.t ‘ Ligh\Tng^^.A^ bAe^ s^^itted for your review and Katuiner. cr.oui j £p^*ci :y* i site plan - i Jja.. ;; .-.oi io;; - :<ov. u . .. • t • f,.- 1 •'/ . . C'-Cv'.r.df. : :.v , ft.-., .u.. , ; ur. , r.,!...: co;,.-r ' i. ' f.-. . • .' -ho ^ouncil ..................................... '•■ i* • -T;.: • • A -p. ,, 'V-15;^ <' . w . V n r-* - -a; .A r A• :v-* y- A < * .V V v-ji t-b‘ <• •t . ^ r»C-'-v •/ .■•; • , tV.i.. X y'y<> ■' • *'k ' '•*v'I#? • ••• ■\C-5fc I •■■-• ----—•- f *% 0 • PURKIITUKE MllMNBt>OTA'^ CNTH& NOeJH^HOeK OP LAR.e MlNMeTOWI6A _____»t. fja H>NV7 5SSO t/MCttfcuMe PC. ^AH& CCXJKJTV 15* MAVAeC£AQE&VtaA660FOeOND • —vt^roufL si£sr6M0P. R *HATTBe^»t»e^>, RECifWiNb CMAII2/t,*5LEeP6ft 5DP.A^ 6wiv£ceoajEt«,ewTscTAjNMewrcTe^ <. wail i 11 Jt el THAOITIONAL EARLY AMERICAN CONTEMPORARY Wi cHir a !riii2ty itMsptert ia crtueh to br««M • toadtr. tad dosau iHit '*}att ri|M" taraitort Mltciiea U aaiuaet jrccr loaia and pleat! your budc*i. CMOOSC FROM THOU3AKOS OF OtFRenCMT COOttmATIONS FHtCtKTEO OT SOME OF T>« FUEfST NAMUIX FVfUITVU CTTrm,RJDLSYCJH. T*C*F.^y^UJL '»c.syi£.-58UABT 5U^V4 MAAJMAAV CTfibbaUEV JASPVOl^ U6STH CASrrWAM HDUtC TtAi.crfV HUI^ awtckam of MonNifViujif Wutfc, • DOU£ iX RAUU U>CATION 7T4'-T070 9V1 PVOOdtLAV M’.PALL. :A £CM£. DCAMPi, VAEV PCC LOCATION iMST.-Tif innnr' v i J REQUEST FOR COUNCIL ACTION COUNCIL f/££Ti.\'G JUN 1 9 1998 cmroFORONO DATE: June 17, 1998 ITEM NO.: |0 Department Approval: Name Elizabeth A. Van Zomcren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2378 William Z. Memik 1840 Lake view Terrace Variance - Resolution - Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 acres) Lot Area: 43,328 sq. ft. (.994 acres) Application: The applicant is proposing to construct a 4’ fence in the side and rear yard of his property where the lot is a through lot and a fence may not exceed 3 1/2' without a variance for height. PLANNING COMMISSION RECOMMENDATION: To approve a fence height of 4 ’. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 15 (C) AND (D) FILE NO. #2378 WHEREAS, William Z. and Lisa J. Memik, (hereinafter "the applicants") are the owners of the property located at 1840 Lakeview Terrace within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Block 1, "Long Lake Country Club Addition, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subd. 15 (C) and (D) to permit the construction of a fence in the side and rear yards of a through lot to be 4 ft. in height where 3.5' is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2378. The property is located in the LR-IA, One Family Lakeshore Residential Zoning District where 2 acres is the minimum lot area. The property consists of .994 acres or 43,328 sq. ft. The Orono Planning Commission reviewed this application on June 15, 1998 and recommended approval by a vote of (7 to 0). 4. The Planning Commission made the following findings of fact: A. The subject lot does not meet lot area requirements. Page 1 of 4 r B.The lot is a through lot with the house facing Lakeview Terrace and the rear of the property adjacent to Sixth Avenue North, also known as County Road 6. C. There is mature landscaping and trees along County Road 6. D. The proposed fence will not create a tunnel effect along County Road 6 nor impact the view from the rear of adjacent properties. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely seiA'e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.07, Subdivision 15 (C) and (D) to permit construction of a fence in the side and rear yard of a through lot where 3.5'-in fence height is allowed and 4' is proposed. 1.Authorities granted by this variance run with the pro; - >ot with the applicants, but are permissive only and must be exercised by f’r^ ucation for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 22, 1999). Page 2 of 4 2. 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. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of ) ss. and for said county, personally appeared 199_ before me a Notary Public within NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of ) ss. and for said county, personally appeared 199_ before me a Notary Public within me foregoing ins.n.men..andacknowledged that he (they) executed the same as his (their) free act and det^. NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this day of ) ss. 199__ before me a Notary Public withinand for said county, personally appeared a^kTowlXdTha^TheXr"''^ “'a instrument.andacknowledged that he (they) executed the same as his (their) free act and deed. I r '^TARY PUBLIC Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator May 27, 1998 SUBJECT: #2378 - William Z. Memik 1840 Lakeview Terrace Variance—Public Hearing Zoning District: Lot Area: LR-IA 43,328 One Family Lakeshore Residential District (2 Acres) square feet (.994 acres) Application: The app licant is proposing to construct a 4' fence to enclose the entire back yard of the property. A variance from height restrictions for front yards is required for this particular property as it is a "through lot”. Through lots are defined as lots abutting two parallel streets. Pertinent Ordinances: Section 10.03, Subd. 15(C and D) ANALYSIS Lot Area and Yards LR-1A District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 2 acres 200 ft.50 ft.30 ft.50 ft. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Side Yard .994 acres 290 ft.114 ft.- existing 32 ft.- existing 80 ft.71 ft. Lot size does not meet the zoning district standards. STATEMENT OF HARDSHIP A hardship does exist on the applicant's property due to streets abutting both the front yard and back yard of the property, thus resulting in the lot having two Code defined front yards. This condition restricts the applicant from constructing a fence to enclose the back yard over the minimum standard height of 3 1/2 feet. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can be put to a reasonable use as it exists. Although, the applicant has indicated a 4 foot fence will provide more protection for his children and family pet from County Road 6. The Zoning Code requires a maximum height of 3 1/2 feet for that part of the fence encroaching into the setback distance. 1 > U2378 William Z Mernik 1840 Lakeview Terrace Variance 6/15/98 Page2 -- 2. The plight of the landowner is due to circumstances unique to his property not created by the landovvTier. The property does contain a umque characteristic as it is located bertveen two roadways. The south side of the property is Lakeview Terrace, where access is available to the property, llie north side of the property is the back side of the house, and is abutting Coun.y K->ad 6. The Code designates any portion of the property abutting a thoroughiare to be considered frontage, thus creating a parcel with two front yard setback are-is. Back yard and side yard setback areas allow for a fence to be constructed to 6 feet. The applicant has stated the location of the property, between the two streets, has limited his ability to construct a fence that would provide safety for his children and family pet from County Road 6. 3. 4. 6. 7. The variance, if granted, will not alter the essential character of the locality. The variance for increasing the fence height by 6 inches will not have any altering effect on the neighborhood. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance or any use that is not permitted under this Chapter for the property in the zone where the atiected person's land is located. Fences are permitted within encroachment areas in this zoning district. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. U2378 William Z. Afernik 1840 Lakeview Terrace f ’ariance 6/I5/9S Pages r 8. 9. 10. 11. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Only a few properties e.xist that are located directly between both Lakeview Terrace and County Road 6. The conditions do not apply generally to other land or structures in the district in which said land is located. Most properties in the area are located abutting only the road by which they utilize for access. This property is bounded by County Road 6 and Lakeview Terrace. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It would be possible for the applicant to construct a shorter fence, therefore complying with the Zoning Code. However, the applicant has requested the larger fence to provide a more substantial barrier between the property's backyard and the County Road. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any othei respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The Code defines through-lots a'’ iuis which have two opposite lot lines abutting two substantially parallel streets for;.on-comer lot. On through lots both street lines shall be front lot lines. The applicants property, therefore is suffering a hardship based on being subject to two front lot lines. This restricts the applicants ability to have a fence that is normally permitted for enclosure of a back yard. Fences are permitted in the front yard, but are restricted to 3 1 /2 feet in height The applicant s back yard is not visible from County Road 6 as a thick row of trees exist between the road and the property. The added fence would then not interfere with any sight lines. U2378 llWiam Z. hfernik 1840 Lakeview Terrace lariance 6/15/98 Page4 Issues 1. 2.The variance from fence height standards is only for an additional 6 inches. STAirf RECOMMENDATION Attachments A B C D E. Application Plat Map Location Map List of Adjacent Property Owners Survey M2378 William Z Mcrnik !S40 Lakeview Terrace Variance 6/J5/9S Pages r EXHIBIT A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 Afler-the-Fact Fees (Double application fee) PROPERTY INFORMATION! ^ SiteAddress I'^^Q Kr/hCt Application H Date Received !£ • 2Q -^*3 Amount Paid 3*^0** Property Identification Number (P.I.D.) - I (<?( - 3l QC^IQ Attach legal description to applkation if not included on required survey. Date Prope^ Acquiredroperg f I (do) (don^ also own the ad Present use of property: ^ residential Zoning District: | f\__________ (month/year) rxent parcels of land. ___pother (specify^00 APPLICANT , Name '2-. Address:!??^/! LoklAA^\^ csl ^ OWNER (if different than applicant) Name Phone (home) _____ Phone (work) ^ City: Onyr^O Zip: N. ■/ '•■J5 ^1 Phone (home) Phone (work)_ Address:City:Zip: G> A." DESCRIPTION OF REQUEST Estimated-Constnction Cost Describe request iiudetail) _CXT^ju^ at^C ^ll-fkLMlCL'A CKmjr^C (attach additional she^ if necessary) IF ^PPl^o^^St) B>V FC 0*J Tta tC OKJ (o- VARIANCES REQUIRED ___Lot Area ___Lot Width ___Haracover ___Lot Coverage Setback:Front Side Re.T Average Lakeshore ^ Other (specify) Ywtmv^? -It/ XpsYP. nn -H^lintA^ IcyF HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirernems: feckC" iu^rA ^ ^r\Cru^ l<ryr 7^QO oaa &r •/idach additional sheets if necessary) iRUN DATE 05/05/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI^35^01 PAGE 13 ; «BATCH 505 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 27-118-23 ^1 0002 01805 SIXTH AVE N RAYMOND R OLSON RAYMOND R OLSON 1805 6TH AVE N LONG LAKE HN 55356 38 27-118-23 61 0006 00038 ADDRESS UNASSIGNED STATE OF MINNESOTA STATE OF MINNESOTA 38 27-118-23 62 0009 01860 LAKEVIEW TER DIB LOHMANN DAVID E BARBARA J LOHHAN 1860 LAKEVIEW TERRACE LONG LAKE HN 55356 wXs SHo PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 27-118-23 62 0010 01860 LAKEVIEW TER W Z t L J MERNIK WILLIAM Z E LISA J MERNIK 1860 LAKEVIEW TER LONG LAKE HN 55356 38 27-118-23 62 0011 01830 LAKEVIEW TER LORRAINE 0WIN6S LORRAINE OWINGS 1830 LAKEVIEW TER LONG LAKE MN 55356 38 27-118-23 62 0015 01865 LAKEVIEW TER K R ASKE E S K ASKE KARL R E SHERRILYN D ASKE 1865 LAKEVIEW TERRACE LONG LAKE MN 55356 PR;^V^ ADDR OWNER NAME TAXPAYER NANE/ADDR 38 27-118-23 62 0016 01865 LAKEVIEW TER JANET K ASKE JANET ASKE 1865 LAKEVIEW TERRACE LONG LAKE HN 55356 38 27-118-23 62 0022 01870 SIXTH AVE N P G E H H HERNANDEZ PHILIP G E MARY H HERNANDEZ 1870 CO RD NO 6 ORONO MN 55356 TOTAL BATCH 505 00008 I 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE 5/i/9g I • : I ■ i ■ ......EXHIBIXE™ • -1 •; V ' i 0f i i • • ,i ’ i •.' 1 ' M-^iv 1•JI ; *; j I . i>-'V O/gipAld C^f Certificate of Survey for Hartmut Ginnow Merkert ; of Lot 5, Block 1, LONG LAKE COUNTRY CLUB ADDITION Hennepin County, Minnesota V’V I »% . I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 5, Block 1, LONG LAKE COUNTRY CLUB ADDITION, and the lo cation of all existing buildings thereon. It does not purport to show other im provements or encroachments. COFFIN a GRONBERG, INC. Mark S. Gronberg Lie. No. 12755 Engineers, Land Surveyors & Planners Long Lake, Minnesota REQUEST FOR COUNCIL ACTION CUU.,-------^TiHQ JUN 1 9 1998 CfTY cr ORONO DATE: June 17, 1998 ITEM NO.: /( Department Approval: Name Liz Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2379 Deborah Sholl, 4100 Watertown Road - Variance Amendment - Resolution Zoning District: RR-IA, One Family Rural Residential District (5 acres) Lot Area:30.46 acres Application. The applicant recjuested a variance in 1997 to add a garage and more living space to the existing residence. As the project progressed, the applicant decided to add a three season porch to the new addition. Because this zoning district requires a 100' front yard setback, the proposed porch also requires a front yard setback. PLANNING COMMISSION RECOMMENDATION; The Planning Commission unanimously voted (7-0) to approve the front yard variance as proposed. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE #2379 WHEREAS, Deborah M. Sholl (hereinafter "the applicant") is owner of the property located at 4100 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit an amendment to a variance for front yard setback to allow construction of a three season porch to be located 75' from the right-of- way boundary. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2379. 2. 3. The property is located in the RR-IA Zoning District, where 5 acres is the minim.um lot area. The property consists of 30.46 acres. The Planning Commission reviewed this application on June 15, 1998, and recommended approval on a vote of 7 to 0. Page 1 of 5 4. The Planning Commission made the following findings of fact: 5. 6. A.The property meets the minimum lot area requirements for the RR-IA Zoning District. B.The existing residence was a farm house constructed in 1900. The residence was built before the 100' front yard setback requirement. C.A variance was previously granted for front yard setback in 1997 (Resolution No. 3989). D.The proposed porch will not interfere with views from adjacent property or adversely impact traffic. 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 Coimcil has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of me above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit amending a front yard setback variance granted in Resolution No. 3989 to include a three season porch to be located 107' from the center of Watertown Road and approximately 75 from the right-of-way boundary where 100' is required. Approval was subject to the following conditions: Page 2 of 5 . I 1. 2. 3. Authorities granted by this variance run wth the propert>' not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 22, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically teminate any authority granted herein, and shall be puJshable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of June, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before nu* on tliis 22nd day of June, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of tie City. Notary Public Page 3 of 5 Ltl^iBnVsliTf •mo ^nitvtr^i pMOi»ERnr nF.scnipnoN op rccoro as suppuco by frank kokesm in igaa: PARCEL r. T^t sovrin 7.50 ac/ti ol tra East Oua/'.af ol Ncr'^aasl Ova/i«r ol Sactton 31. TownsNp na No^. Range 23. West of tNi SU> Pdndp&l MertOan, and (Mai paR of th€ East Half of trv« soutn 27.50 acres of iha West Half of u^a East f;atf of th« Nonnaasi Ouanar fytng norm of ma Watancwn Road daicntad as: BagWiIng at tna NorVmasi cornar of tna soutn 7.5C aaas of tno East Ouariar of tn« Nermaast Ouanar of ^ aaM Section 31: tnanca North along tn« East Ima of said East Half of tha South 27.S acres of the West Half of iha East Had of me Nemhsast Quart or a ^a/Ke of 264.00 feet; lhanca West paranel s^th the north Imo of the ScuJt 7.59 acres of the East Quarter of the Northeast Ouahar a <5star<a of 165 00 fee; Utorkca South para.lal with the aforamar^tionad East Ir^ to the cantanina of Watertown Ro^; thar<a Seuthaasiarly along said cantartino to iTf inlarstctton with th« West hr>a of the south 7.50 acres of tha East Ouanar of the Northeast OuaRar. thanca North afong said lira to iha p^.* of bagkving. according to tha Unitad States OovammarK Survey tharaof and situated in Hennepin County. HCrw>aso(a. • PARCEL 2: Tha West Quarter of tha South 3/t of tho Nonneast Quanar of tha Nonhaasi Quarter, and that part of tha West Quanar of tha Sot^aast Ouarttr of tha Northaast Ouartar fylrtg r^orth of tha cantadma of tha Mirnaapolsand Watertown Road, In Section 31. Township Its. Rar^ga 23. j 1 EXCEPT. Thai part of tha Watt ont*fourih of tha So<^east Quanar ol ^ ..\aast Ouansr. Sacuon 31. Towruhip 116. Range 23. daienbad as commanung at the miarsection of Iha canierUna of tha Wstenown Road w«th a hna 35 leal west of. measured at nght angles, to and paraOtl wuh the east Sna of said West ona*founh of tha Southeast Ouaner of tha Northaast Quarter, thanca Nonh, poraOa< wHh said East Ina. a dLstanca of 135 feat; lhanca EasL ai right ar.gias. a ^'oraa of 3js feat to Iha pom! of beginning: thanca WasL at nght armies to sa«o East Ima. s ostanc^ of 70 feat; thanca South paraXal wiih sard East tna. to Iha canianir^a of sa^ roud; thanca Southsastarty aiong said ctnttfima. to tha East Bna. thanca North, aiorg said Eul Cra to tha point of baglnnir^, according to the Lfrviod States Covernmani Sunrty thoraof and situated In Hannapui Ccunry. Memeaoca PARCEL 3 Tnal pan of the East Half of the scuin 2750 acres ol the Wstl^talf of the East Half of tha Northaast Quanar rymg norm of tha MinnaapoLs and Watertown Road daaenbad as baguv^ at tha Nonhwtst corner of tha south 750 aoas of Iha East Quanar of tha Nonhaasi Quanar of Section 3i. TownsNp 116. Range 23; thanca North along tM east bna of aa^d East Half of iha south 27.50 aaas of tha Was! Half of the East Half of Iha Northaast Quanar a stance of 264.00 feel to tha actual pemi of bag nNng of IM 10 0# dasertoad*. thanca contmumg Non.n along the east ana of said East Has u! tna south 27.50 ac/aa of tha West Had of tha East Haif ot tha Nonhaasi Quanar to the Northeast corner tharaof; thanca West alor^ tha north Sna of tha south 27.50 aaas to tha Wall ir^ of tha East Had of tha Nonhaasi Quanar. thanca Scutharty on tha west hna ol tha East Half of the Nonhaasi Quanar of tha caniadir^a ol tha KLnnaapoVj and Watertown Road: thanca Southaastarty aiong said canienirt to os aMersacUon with a Bna drawn 165.00 feat wait of the west Bna of tha scum 750 acres of the East Ouartar of tha Northeast Quanar: thanca North para9at wnh ar>d 165.00 feat west of the west Br»a of aaU south 7.50 acres. 616 96 raaitoapomt I6S 00 feat weal of the actual point of baginnmg; lhanca East I65 00 fast to Ota actual pomt of bagiryw^. accord^ to tha Untad Stales CcvarrvnanI Survey thereof and a^tuaitd m Htnricpin Counry. Minnesota. PARCEL 4: That pan of tr^ West or^flourh ol trw Scuihaast Quanar of tha Northeast Quanar. Section 3t. Township 118. Rar^ga 23. dascribad as commencing at Vta mersaclion of the cantartir^a of tha Watartown Road wiiN a hna 35 feat west of, maasurtd ai nghi ar^tos to. ar»d paraRal witn tha East hr« ol Wasi nra-fourth of tha Southeast Ouaner of the Nonneast Ouaner. thence Nonn. pa.4iiai wttn sa<f East are. a <5sLvko of 135 le«2L Uiance East, at right angles, a disiurue nf 3. !c«.; 3# um*puri< olVrymnir^: • thence Wosl. at nght ar^gles to said East are. a Oi^'e-icr nf 70 fesU thence South w4h sad Cast hra. to me cen(cM>/vt cf ewd roai. if tnce Southcaslcrty. alor^ tad eenrertme. to «ad f ikt hne: there a Ncnh, ^:cng i*.) E.isl ina. to tha pclnl ^ bagmnlng. accoremg to 7't . 4:e<. States Coverrmcni Surwer ircrtcf. ard Situated In Hennapas Counry. 5^vUjorf A Page 5 of 5 I/I :f!!:: (do' \' v' V \ TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator June 2,19^8 #2379-Deborah Sholl 4100 Watertown Road Variance-Public Hearing Zoning District: Lot Area: RR-IA One Family Rural Residential District (5 Acres) 1,326,837 square feet (30.46 acres) Application: The applicant is proposing the new construction of three season porch to be attached to the principal residence. A front setback variance is required.__________________ Pertinent Ordinances: . Section 10.27, Subd. 5(B): RR-IA Lot Requirements ANALYSIS T.ot Area and Yards RR-1A District Standards Lot Area Lot Width Front Yard Side Yard Rear lard RR-IA 300 ft.100 ft.50 ft.100 ft. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Rear Yard 30.46 acres dry 1,170 ft.55 ft.190 ft.177 ft. The zoning lot does not meet front setback requirements. U2579 Deborah Shall 4100 Haier/onn Road Variance June 15, 1998 Page I Structural Coverage Structural coverage is not an issue with this application as the lot exceeds the 2 acre minimum lot requirement. Hardcover Hardcover is not an issue with this application as the subject property is not located within 1000' of a protected body of water. STATEMENT OF HARDSHIP The residence was constructed 55 feet from the front lot line, in 1900, well before the zoning code required a 100 foot setback in the RR-IA zoning district. This condition has resulted in the applicant’s inability to improve the structure by constructing a three season porch. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used in its current state. The addition will not alter the use of the property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing residence was constructed prior to the current requirements of the zoning district. The residence encroaches into the 100 foot required front yard setback. All other setbacks are met by existing structures on the property. 3. The variance, if granted, will not alter the essential character of the locality. The surrounding properties consist of residential properties. The use of the applicants property would not change if the proposed variance is approved. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. U2379 Deborah Shall 4100 WaterlowTt Road Variance June 15, 1998 Page 2 r 5. 7. 8. 9. Economic factors arc not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The existing use of the property as a single family residence is permitted by the zoning code. The proposed three season porch addition to the residence will not alter the use of the property. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining prope;ty. The residence was constructed 55 feet from the front lot line, prior to current zoning code requirements . The zoning district requirements have been changed to require a 100 foot setback. The requirements have created a previously conforming situation into a legal non-conforming structure. The revised zoning has made it impossible for the property owner to improve the residence without a variance. The conditions do not apply generally to other land or stRictures in the district in which said land is located. Most properties in the area conform to zoning district setback requirements. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Due to the location of the existing residence within the required front setback, any addition to tne residence would require a variance. Deborah Shall 4100 WatertoMn Road Variance June 15. 1993 Page 3 1 ' 7 1 1 . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance w.'l not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessaiy' to alleviate demonstrable hardship or difficulty. The entire existing residence is located within the required front setback. It is impossible to expand the residence without the granting of a variance. Issues 1.The existing residence is located 55 feet from the edge of the street as the property line is located in the center of Watertown Road, which is unplatted. The residence is also located within the required front setback. 2.The addition of the proposed three season porch would not further encroach on the required front setback. STAFF RECOMMENDATION Staff recommends approval of a variance from front yai d setback requirements to allow the addition of a three season porch to be located attached to the residence, which is located 55 feet from the front yard setback, where 100 feet is required. Staff recommends approval of the application as submitted. Attachments A B C D E F G Application Plat Map Location Map Topographic Map Permit Record Survey Front View of Proposed Porch Addition ^2379 Deborah Shall 4100 Watertown Road Variance June 15. 1993 Page 4 EXHIBIT A Application # 9.31 ^ Date Received Amount Paid $ <C) ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress_____HlVO ________________________ Property Identification Number (P.I.D.) 71 00^------------- Attach legal description to application if not included on req -hed survey ^ D^foperty Acquire d— _______________________(month/year) i (tlgsfiQO also own the adjacent parcels of land. Present use of property; ^ residential ___^other (specifvl Zoning District:^--------- ----------------- APPLICANT Name A). Address:----HlOO tdATPy^TPui/V City: OROi^in Phone (home ) Phone (work ) Zip: H*.: 0\VNER (if different than applicant) Name Address:City: Phone (home) Phone (work Zip: DESCRIPTION OF REQUEST^ Estimated ConstmcUon Cost $ Descnbe request in detail: „ issiao/ TO M ^ucr. . (attacii additional sheets if necessarv^R6<jtut5r/KJtv To cp To cootocK onj jaioe; VARIANCES REQUIRED -----Lot Area -----Lot Width ___Hardcover ___^Lot Coverage // Setback;FFront Side Rear Average Lakeshore _ Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS fomptocru^h Zonbg C^de^qu^mtu^^^ (attach additional sheets if necessary ’) r —'^:i - --------“-eerr— 1 \l- as-Q itV'v vl2> - 3 rj’t «! II 6,i: s iiiiii^iiiiliipi^ ja--------- ^VoE>VV*\W,*.^piiiiiiii V I K (ic) e mm '•tj* Sir — »« — (m: -- •a__JLJlU N r- »« — i i* ^*~SSCO~I> I f»>* LA* - V * * ^>u~u ~ “ gl *3Hita5-|^ %3f^ii?-a5^(® ("5' V •All il • / r / lly%nh / )/ ^ VI ( A\\’'^i-mL( ^ \ V j /(1u kj / 5 \ \ ^/£)0IC«*. *■» ou .tilCi iit«* iiuin »oi uitaoAO lAuaoaA tvitc** caouao co«»aoi • »!••• ctio^mo coaiaoi • ho*U« |«M« COatOu* l■tftf«DUlC tmiO^ MfSttSlO* OtSCVfUB $aoi Ul»allO« %«••• •• •••* « «00 ____^ ist***** 2* 1/4 SEC 31 18N. R23W iEPIN COUNTY fO» no • 1^1 90 t« HOfflZONS. INC. t fwirriac r«o#itsioaH% I, •• - ***** ■ «•*!»»»«—»* I70«S ‘ nit EXHIBIT EPermit No.n4^9 3sno ;0b69 _____________________ J3MS.______ --------------------------------------- 3773 S37i0.--------- L7333 --------- 375Z ._____ _________________ ^b_____ 'S'7'^'O permit recordDate Typp of Permit_____'^PjmmS fhru^. Sd3L'Js3- {hrCrlj^ ■■ BSf/. Ic^\ Q ^-^-76-_______ 7,-2-3?' fV- 7 P' _ £a^ - /^oajTI_ __L-/d-2'l ______ __I£JZ27^JL ------- __g'- ;7?-g5 iilcdS£^- dsi2x!,.^— iO-5-?,‘b _____Bi-AlSdiQ' ~6>u.AA.\o 5-h-lk l^r?./riA (Xl __^_^kS2 -7 -o? I -^1 . Jd&rlir^: 3. Y^77 ____ 7 S.:io. 9r ■_. 3 -■ ^ -f'.r W' ' ■ REQUEST FOR COUNCIL ACTION Date: Item No, COUNCIL ML£T!N'i JUN 1 9 1998 CITY OF OnCNO' June 17, 1998 IX Department Approval: Administrator Approval: Name: Michael P. GafTron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2361 William & LaWayne Yaeger, 310 Big Island - After-the-fact Variances Zoning District: RS Seasonal Recreational District List of Exhibits A - PlanningCommission Action Notice 6-17-98 B - Memo and Exhibits of June 11, 1998 Summary of Request 1. 2. Request for lot area/width variance and City designation of Lot 64 as an independent Record Lot in the RS District. Request for after-the-fact lakeshore setback, side setback and hardcover variances for construction of a new seasonal cabin to replace a pre-existing seasonal cabin on the property, and a side setback variance for a gazebo; both cabin and gazebo were constructed on the site without the required building permits. Discussion Please carefully review the memo and exhibits of June 11. The applicants proposed a solution at the Planning Commission meeting which is acceptable to staff and Planning Commission, and which results in no need for setback or hardcover variances, but which requires the redesignation of certain Record Lots on Big Island, and the granting of a lot area variance for the Yaegers. Solution Proposed by Applicant and Recommended by Planning Commission 1.Yaeger to acquire Lot 65 for legal combination with Lot 64, such combination to be henceforth designated as Record Lot #15. r #2361 - Yaeger June 17,1998 Page 2 2.Fames/Bruntjen to legally combine Lots 8-9-10-11 with Bruntjen's Record Lot #16 (Record Lots #63 and #69 were also proposed to be combined with Record Lot #16, which was well-received and which would be furthering the City's low- density goals for Big Island) 3.Yaeger to relocate cabin within 6 months, to a conforming location within Lots 64-65, and provide it with a conforming foundation. 4. No plumbing allowed in cabin until a conforming septic system is prov'ded. Staff Recommendation Staff supports the proposed method of resolving this matter, which results in no net increase of building sites on Big Island, and may result in a decrease in the overall number of potential building sites. The proposal relies on the acceptance of this plan by Bruntjen and Fames, who have been requested to attend this meeting. COUNCIL ACTION REQUESTED Conceptually approve the proposed redesignation of Record Lots on Big Island, conceptually approve the lot area variance for the Yaegers, and direct staff to draft an appropriate approval resolution for review and adoption at your July 13 meeting. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2361 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: June 17, 1998 TO: William & LaWayne Yaeger 15694 Sussex Drive Minnetonka, MN 55345 COPIES: WynnCurtis 1011 First St. S. #400 Hopkins, MN 55343 Nancy Lee Fames 4379 Wilshire Blvd. #C307 Mound, MN 55364 Fred Bruntjen P.O. Box 584 Excelsior, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: 06/15/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as follows: 1 . Yaeger to acquire Lot 65 for legal combination with Lot 64, such combination to be henceforth designated as Record Lot #15. • ^ 2.Farnes/Bruntjen to legally combine Lots 8-9-10-11 with Bruntjen's Record Lot #16 (Record Lots 63 and 69 were also proposed to be combined with Record Lot 16, which was well-received and which would be furthering the City's low- density goals for Big Island) A 3.Yaeger to relocate cabin within 6 months, to a conforming location within Lots 64-65, and provide it with a conforming foundation. ♦ 4. No plumbing allowed in cabin until a conforming septic system is provided, Applicant ’s next scheduled meeting is confirmed as: City Council Monday, June 22, 1998; meeting starts at 7:00 p.m, A copy of the Planning Commission information packet is enclosed with the Bruntjen/Fames copies of this notice. Fred/Nancy: Please contact Mike Gaffron at 473-7357 to confirm you are in agreement with the concepts of this approval recommendation. Your presence at the June 22 Council meeting would be helpful if Council has any questions. If you desire certified copies of the official Plarming Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. I r I To: From: Date: Subject: K Chair Smith and Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator June 11, 1998 #2361 - William & LaWayne Yaeger, 310 Big Island - After-the-Fact Variances - Public Hearing Property Legal Description: Record Lot #15 Legal Description: Lot 64, Morse Island Park Lots 64 & 65, Morse Island Park and Lots 8, 9, 10 & 11, Morse Island Park Second Addition Zoning District: RS, Seasonal Recreational District i t Application:I.Request for lot area/width variance and City designation of Lot 64 as an independent Record Lot in the RS District. Request for after-the-fact lakeshore setback, side setback and hardcover variances for construction of a new seasonal cabin to replace a pre-existing seasonal cabin on the property, and a side setback variance for a gazebo; both cabin and gazebo were constructed on the site without the required building permits. CO ^60’* 0^^ List of Exhibits A - Application & Hardship Statement Addendum B - Plat Map C - Property Owners I D - Sun'ey E - Neighbor Acknowledgements F - New Cabin Floor Plan G - Big Island Map Showing Record Lot Designations I I - Violation Citation: Staff Letter to Applicant 7-31 -97 I - Record Lot Designation Background Materials J - Photos RS District Background In 1983 the City rezoned Big Island from LR-1A-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational District. The rezoning included establishment of comprehensive standards for development and use of the island. 0. r #2361 - Yaeger June 11, 1998 Page 2 A key element of the rezoning was to designate individual lots or groups of commonly-owned lots, as "Record Lots", based on historic ownership and use patterns. Each Record Lot was numbered and categorized as "Subdividablc", "Conforming", "Substandard" or "Substandard Unbuildable", based on acreage and on whether the site was currently developed. A total of 69 "Record Lots" were so designated, and automatic lot area variances were authorized for those that were considered as buildable Record Lots. Record Lot #15 Background Lots 64-65, Morse Island Park and Lots 8-9-10-11, Morse Island Park Second Addition, were designated as Record Lot #15, by virtue of their common ownership by Roy Ahem as of November 9, 1981. Record lot #15 was categorized as "Substandard - Buildable" with a combined acreage of 2.5 acres. Ahem protested the Record Lot designation in 1983 and subsequently sold his six separate tax parcels to six different persons. Since each of the six parcels was (and is) considered individually unbuildable per the RS District ordinance, staff is not authorized to issue building permits until the six parcels are legally combined, or until the Record Lot designation is amended. Ahern's six tax parcels have undergone a number of ownership changes since 1983. Currently, Lot 64 is owned by Mr. & Mrs. Yaeger, and Lots 8-9-10-11-65 are owned as five separate tax parcels by Nancy Lee Fames. Staff is advised that the Yaegers have discussed their dilemma witli Fames with an eye toward possibly acquiring Lot 65. Lots 8-9-10-11 are inland, and would rely on City rights-of-w'ay for access to the lake. Lot Area Variance Data Existing area of Lot 64: RS District minimum area: 10,761 sf (0.25 acre) 217,800 sf (5.0 acres) Range in areas of existing 'Substandard-Buildable' record lots: 0.18 ac - 4.3 ac Range in areas of existing'Substandard-Unbuildable* record lots: 0.18ac - 0.35 ac Number of'Substandard-Buildable' record lots 0.25 ac or smaller: Number of'Substandard-Buildable' record lots larger than 0.25 ac: 4 51 Average area of all 55 existing 'Substandard-Buildable' record lots: Mean area of all 55 existing 'Substandard Buildable' record lots: 1.12 acre 0.68 acre Defined width of Lot 64: 49' ('fhe RS lot width standards. Section 10.31 Subd. 7, do not require a lot width variance for existing lots of record, but would disallow subdivision to create a new' lot less than 200' in width, and would disallow a lot line rearrangement that reduces an existing lot to less than 50' in width) r #2361 -Yaeger June 11, 1998 Page 3 Potential Combination of Adjacent or Non-Adjacent Record Lots Applicants' attorney and a neighboring property owner have contacted staft'regarding the possibility of combining adjacent or non-adjacent properties with applicants ’ lot, to result in no net increase of Record Lots on the island. One suggestion was that applicant acquire Lot 65, leaving Lots 8-9-10-11 as a separate Record Lot which would not abut the lake. This may be reasonable, and would be more attractive if 8-9-10-11 could be combined with another adjacent Record Lot that abuts the shoreline, but this appears unlikely so far. A second suggestion was that applicant acquire or gain certain buildability rights from some undeveloped Record Lots located some 600' to the northwest. These two record lots (#63 & #69) are individually unbuildable but would become buildable under Section 10.31 Subd. 6H if legally combined, because they would total more than 0.5 acre. The RS District standards do not provide for such a 'U-ansfer of development rights' as was contemplated by the proponents. This would have to be the subject of a zoning amendment in staffs opinion; but it has some merit in that it would ultimately further the City's goal of maintaining low density on Big Island. In reviewing the 1982-83 documentation surrounding Ahern's dispute of the record lot designations, it appears that the City did not close the door on the idea of redesignating the Record Lot status of individual lots or groups of lots, especially if the end results are no net increase in the number of building sites, and building sites that have septic capabilities. Recent Construction In July 1997 staff found a new cabin nearing completion on Yaeger's Lot 64 (see letter of July 31, 1997). A stop work order was posted and a violation citation subsequently issued for work without a building permit. The new cabin clearly was in violation of lakeshore setback and hardcover regulations. The cabin also is missing a full perimeter founda. on which is required under the RS ordinance. A gazebo of apparent recent construction was also noted on the site. (See photos) The new cabin replaces a pre-e.\isting cabin of approximately the same dimensions and location which previously existed at the site, and which was apparently removed shortly before the new construction began (debris from the former cabin was noted to the rear of the new cabin - sec photos). #2361 - Yaegcr June 11,1998 Page 4 The new cabin as constructed requires the following variances: 1. 2. 3. 4. Lakeshore setback Side setback 0-75 ’ hardcover Full perimeter foundation Proposed/^xisting 35' 4.3' 486.7 sf (13.5%) Absent Allowed/Required Variance 75’ 40 ’ 10 ’ 5.7' 0sf(0%) 486.7sf(13.5%) Required Required Average setback is defined by the adjacent cabin to the north. The adjacent cabin has not been surveyed but appears from City topography to be approximately the same distance from the lake as applicant ’s structure. Based on the survey dimension, the gazebo is located 6.5' from the side lot line where a 10* setback is required (variance). Lot coverage by structures is 6.6% (No variance required). Action on the violation citation is currently under suspension, pending the outcome of this proposal. Applicant was required to pay $200 prosecution costs to the City, and has paid a double fee on this application. Sewage Treatment Needs The submitted fioor plan for the cabin includes a bathroom and kitchen sink, both of which would require installation of a new conforming septic system. No septic system site evaluation information has been submitted to show what sort of system is contemplated on this extremely narrow lot. It is unlikely that any system could be developed without the need for significant variances. The RS ordinance allows a cabin of this size to be constructed without plumbing and hence without a septic system. However, if plumbing fixtures are installed, a conforming system is required. Hnrd.ship Statement Please review the applicants' hardship statement. This was drafted prior to completion of the survey and does not discuss the side setback variances which were identified after reviewing the suiv’ey. Staff would note that the complete replacement of the pre-existing cabin eliminates any 'grandfathered' status that the old cabin may have enjoyed by virtue of its construction prior to adoption of ordinances that made it non-conforming. The applicant abandoned any such 'grandfather' rights when the old cabin was removed. r #2361 - Yaeger June 11,1998 Page 5 Issues for Discussion 1. Should Lot 64 be designated as an individual Record Lot separate from Lots 65-8-9-10-11? 2. If so, should the after-the-fact variances be granted to allow the new cabin and gazebo to remain in their non-conforming locations? Options for Consideration TSSl IE 1 - Record Lot Status A.Recommend denial of the lot area and width variance, concluding that Record Lot #15 must consist of all 6 separate tax parcels. [Implicatiom: Lot 64 remains imbuildable, and it follows that the cabin and gazebo constructed without permits must be removed] OR B.Recommend approval of the lot area and width variance, concluding that Record Lot #15 should be separated into two individual record lots (#15 A and # 1 5B). [Implications: Lot 64 gains Record Lot status and the variances for cabin and gazebo construction can be reviewed on their own merits] OR C.Recommend approval of a lot w idth and area variance conditioned on applicant acquiring some specified additional adjacent (or non-adjacent?) land for combination (or special lot combination?) with Lot 64. [Implications: Lot 64 remains imbuildable unless/until additional land is added to it; cabin and gazebo variances remain in limbo for a limited time until applicant can acquire additional land] QR, D. Other, or some combination of the above. ISSIJF. 2 - Cnbin and Gazebo Variances Recommend that the new cabin and gazebo be relocated to meet 75' lakeshore setback and 10' side setbacks, which would eliminate the hardcover variance; and that the cabin be provided with a continuous enclosed approved foundation to frost level. QR, B Recommend that the new cabin and gazebo be allow'ed to remain in place, that lake setback, side setback and 0-75' hardcover variances be granted (specifically define the hardships that support such a position) but require that the cabin be provided with continuous enclosed approved foundation to frost level. QR #2361 - Yaeger June 11, 1998 Page 6 C. Recommend that the new cabin and gazebo be allowed to remain located as constructed with 1.0 changes, granting setback, hardcover and foundation variances (specifically define the hardships that support each variance). QR, D. Other, or some combination of the above. Staff Recommendation 1. The best option would be a combination of 1 A and 2 A: Applicant should acquire Lots 8-9- 10-11 -65 and combine with Lot 64 per Record Lot #15, and then move the cabin and gazebo to conforming locations at least 75' from the lake, providing cabin with a conforming foundation. How'ever, the reason for the variance request is that the above may not be feasible. In that case, staff recommends options 1C and 2A: Applicant should acquire Lot 65 and combine it with Lot 64, then move the cabin and gazebo to conforming locations 75' from the lake, providing cabin with a confomiing foundation. Lots 64-65 become Record Lot #15A, Lots 8-9-10-11 become #15B. 4. 5. If applicant cannot acquire Lot 65, staffs third choice would be options IB and 2A: Designate Lot 64 as Record Lot #15 A, designate Lots 65-8-9-10-11 as Record Lot #15B, and grant lot area/width variance for #15A, plus require that cabin and gazebo be moved to conforming locations with cabin getting a confomiing foundation. The transfer of development rights from one record lot to another may only be appropriate for lots which are adjacent or separated only by a right-of-way; this would require an amendment of the RS District standards. Staff feels it is probably not appropriate for such transfer when lots are w idely separated. Staff recommends denial of the request to allow the new cabin to remain in its current location entirely within the 0-75' lakeshore yard. Although it will be difficult to relocate it, this problem would not have occurred if the required building pemiit had been obtained before constmction. The owner has created his own 'hardship', not a valid justification for variances, especially when it is clearly possible to meet the required lakeshore and side setbacks. Planning Commission should suggest a timeframe for relocation of the offending structures. All plumbing fixtures must be omitted unless/until a conforming septic system is provided. j 4c n o %j> CITY OF ORONO - VARI^CE-^PLICATION InitiaL-Application Fee Application it 3- I A Date Received Amount Paid ^ — C$50.0i)^er each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees^^?oublejjpplication fee) 8 SrolO 8 irc3 . 4'^O 4^ isy CL mo. CO Ch oPROPERTY INFORMATION _ SiteAddress 310 Big island (Lot 64 Morse Island Park, County of Hennepin, City of Property Identification Number (P.I.D.) 23-117-23 32 0028_______ Orono) Attach legal description to application if not included on required survey. Date Property Acquired March 1992 n^) Present use of property: ___presidential x other (soeciM seasonal Zoning District:. _(month/year) APPLICANT Name William J. and La Wayne R. Yaeger Address: 15694 Sussex Drive OWNER (if different than applicant) Name same as above Address: Phone (home) 936-0473________ Phone (work) 851-6031 or 728-8318 City: Minnetonka _____2>ip: 55345 Phone (home). Phone (work)_ Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ 25,000 '_______ Describe request in detail: rebuild existing cabin on same location without any incr ease in size or use — approximately 400 sq. ft. (attach additional sheets if necessary) VARIANCES REQUIRED _x_ Lot Area ___Lot Width _x _Setback: x Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: see attached Addendum ”a”___________ (attach additional sheets if necessary) REQUIRED SUBMITTALS oo ^ All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. ___ Completed Application Form 2. __ Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. ___ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/i" x 11" for reproduction. 4. __ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/i" x 11" for reproduction. 5. __ Sketches or plans of floor & elevation views (provide one (1) copy 8'/j" x 11"), 6. __ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. ___ Additional items as may be requested by City staff. The Applicant and Properly Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the'Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date '.2 *4 -'ti 3 OWNER'S SIGNA^^“................................ The owner hereby acknowledges 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 investigation and verification of this request. Owner's Signature h ■ / __________________________Date •/ Applicant must have all submittals into "the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 r William J. Yaegcr 310 Big Island Lot 64, Morse Island Park /i s=-=535^? Q J5> Addendum “A” — DESCRIPTION OF HARDSHIP The Applicant is seeking a variance for the lot area and front setback restrictions. As to the lot area variance, the Applicant ’s property is one of six tax parcels constituting Record Lot Number 15 (the “Record Lot’). The record lot was established by ordinance on December 3U, 1982. Section 10.31, Subd. 6B of the Orono Code now prevents the Applicant from obtaining a Building Permit until the Applicant receives either a lot area variance or the Applicant achieves common ownership for each of the six tax parcels comprising The Record Lot. Unfortunately, the Applicant owns only one of the six tax parcels, the other five being owned by another party. Prior to December 1982, the six tax parcels had been owned commonly by Roy Ahern. Prior to the effective date of the ordinance establishing The Record Lot, Mr. Ahern sold each of the six parcels to separate individuals not including the Applicant. Presumably, this was done so that each of the six tax parcels would constitute a separate record lot upon adoption of the ordinance. However, the City retroactively applied the ordinance to November 1981. Following the adoption of the ordinance in December 1982, neither Mr. Ahern nor any of the other owners of the individual tax parcels took action to establish that the individual parcels constituted Individual record lots. The Applicant purchased his tax parcel from Mr. Ahern with the understanding it was a buildable lot. The other five tax parcels have been resold and are currently owned by a single other owner. The Applicant is now in a position of having to acquire the other five tax parcels or be prohibited from maintaining the pre-existing structures on his single tax parcel. The Applicant is not in any position to purchase the other five tax parcels. Because the intent of the 1982 ordinance was to limit the number of buildable lots on the islands, an alternative to the Applicant acquiring all of the Record Lot parcels would be to reconfigure the ownership and use of various tax parcels to allow the Applicant to maint iin or construct a structure on his tax parcel while not increasing the net number o1 ’^uildable lots on the island. Any such alternative, however, requires the cooperation of the other property owners. Although the Applicant and other property owners have attempted to present a feasible alternative to the City, their efforts have been rejected. The Applicant, therefore, faces a hardship in that he cannot acquire the other five tax parcels in The Record Lot and cannot control the use of those tax parcels by the current owner. As a result, absent the lot area variance, the -1 - William J. Yaeger 310 Big Island Lot 64, Morse Island Park Applicant ’s parcel will be worthless for himself and will be unsaleable to any other party, unless that party can purchase all of the parcels in The Record Lot. As to the setback variance, the previous structure was located on cement blocks which was permitted by “grandfather" rights, even though it was within the setback area. To require the Applicant to relocate the existing structure would constitute a hardship in that is would force the Applicant to abandon existing improvements for which the Applicant had “grandfather ” rights. -.2-. PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR PROP ADDR OWNER NAME TAXPAYER NANE/ADDR * PROP ADDR OWNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OWNERS LIST38 23 117 23 32 0027 300 BIG ISLAND JOHN D URAN DANIEL A KELLOGG 20300 EXCELSIOR BLVD EXCELSIOR MN 55331 CONDMN H 38 23 117 23 32 0028310 BIG ISLAND W J & L R YAEGER WILLIAM J & LAWAYNE R YAEGER 15694 SUSSEX DR MINNETONKA MN 55345 CONDMN #38 23 117 23 32 0029310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 4379 WILSHIRE BLVD «C307 MOUND MN 55364 CONDMN # 38 23 117 23 32 0048 310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 4379 WILSHIRE BLVD lfC307 MOUND MN 55364 CONDMN « 38 23 117 23 32 0049 310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 4379 WILSHIRE BLVD «C307 MOUND MN 55364 CONDfdN U 38 23 117 23 32 0059 290 BIG ISLAND W fit G FINK WILLIAM fit GLORIA FINK 6512 VALLEYVIEW RD HAMEL MN 55340 CONDMN i 38 23 117 23 32 0061 320 BIG ISLAND JOHN S DEAN JOHN S DEAN 837 N 63RD ST WAUWATOSA WI 53213 CONDMN # // r '^rr . .* t / r •11 j 1 CERTIFY'that THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE 2-3-5>g 'I a ■TT’ r (T'D Adjacent Property Owners’ Acknowledgement Form I (we) [print name(s)] ^rint adores] have reviewed the plans for the proposed improvement or proposed use of the property located at 310 Bia __r____j ^ -r • . r r j -Tot M^ors^island pl'g “> “ ^se ApplicaUon No. I (we) understand that m executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Coimcil that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner ^ "//s/ f8 Date Property Owner Date dt**ilnlrA***4tdt*****4r*t«Mfc**A**ik4tA****4Mii4i4t4i*«*4i4i* I (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located -bSt urtto^srLund Parf ““ Application No._______. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare aproval or disapproval of the property or use but merely to confirm for the City oimcil that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. £T r #2O €5 1' O O i ^ ■ I (we)cj Adjacent Property Owners' Acknowledgement Form p Imi 0 ((ran of /3)n Ts/a m-, [print addresi] ./ [print name(s)' have reviewed the plans for the proposed improvement or proposed use of the property located —310 Big Island____ also referred to as Land Use Application No. Lot 64 Morse Island Park - - - - -—‘ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Q (? // Prroerty Owner 39 Date Property Owner Date I (we) of [print name(s)][print address have reviewed the plans for the proposed improvement or proposed use of the property located at 310 Big Island Lot 64 Morse Island Parkalso referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Coimcil that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. I #2 " ° Adlac / <0^ .r^ /( 6 k Ijaccut Property Owners* Acknowledgement Form . » ^ ^ ^37 /V St-:^ \/vHuvV/jn I (we) 0.-1JF^A( of 14V S~32~/^ [print name(s)]- [print add have reviewed the plans for the proposed improvement or proposed use of the property located _ 310 Big Island also referred to as Land Use Application No. Lot 64 Morse Island Park - - - - - - I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. z- -s. 7.^^ Date rroperty Owner Date _ rS7 /V srr I (we) Llf^HNV •- of i [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 310 Big Island Lot 64 Morse Island Park also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. /??r Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. r F dL, V %< A official record lot flAP «<CE NO. 246 - DECEMBER 30, 1982 -ONAL recreational ZONING DISTRICT not TO SCALE HPRV V \ A ■ ■ • StcUz 0^ A , ^9 I^tand AW A -W . j‘ '/^W '' • V^v■ A-f-''-'? -------i: C?.'* / Xcnka ’ SquadA.cn dp~® 39] L.- 17 • • .• • ,•••’ POINT COMFORT POII north CROWN POINT r GlTYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 July 31,1997 William J. Yaeger 15694 Sussex Drive Minnetonka, MN 55345 Re: Construction at 310 Big Island (PINS # 23-117-23 32 0028, AKA Lot 64, Morse Island Park) Dear Mr. Yaeger; During an inspection of Big Island on July 30,1997 it was discovered that a new cabin is under construction on the above referenced property. According to Hennepin County Tax Records you are the owner of this property. This construction is in violation of a number of Citj- ordinances, and therefore a STOP WORK order has been posted on the building. This building must be removed and the site restored no later than September 1,1997. The construction of this cabin is a violation of City ordinances for a variety of reasons, including but not necessarily limited to the following: 1.A building permit is required for construction of this building. No building permit has been applied for, and none has been issued. 2.The building is located less than 7o' from the shoreline where no construction or hardcover is allowed per City Ordinances. 3.The property in question is not considered by the City as a buildable lot except in conjunction with 5 additional tax parcels (23-117-23 32 0029; 23-117-23 32 0046; 23-117-23 32 0047; 23-117-23 32 0048; and 23-117-23 32 0049) w'hich in combination with your parcel constitute Record Lot # 15 per City of Orono Ordinance #246 adopted December 30, 1982. 4.Your property as a separate tax parcel has not been granted the necessary lot area variance which would be required for it to be buildable. The issues surrounding the buildability of this parcel date back to 1982-83 and likely will not be easily resolved due to the many property owners involved. Roy Ahem, from whom you purchased Telephone (612) 473-7357 • FAX 473-9510 J - William J. Yaeger July 31,1997 Page 2 - ci. b,«„. removed. It is unlikely that the City Council wmiW id given that it has been totally variancefor,.he„.wca4>given;Sl"Sii^r^^^^^^ offending structure be nmo^ 7f ^nofremoved*b^S " TT *' «, To discuss any of the issues outlined inlris Michael P. Gaffron Senior Planning Coordinator end. cc:Bruce Vang, Field Inspector Lyle Oman, Building Official Ron Moorse, City Administrator i^syl Peterson, Prosecuting Attorney Thomas Barrett, City Attorney Roy E. Ahem . L CITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 5535o Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 August 29,1997 Win Curtis 1011 First St. S. #400 Hopkins, MN 55343 Re: Wm. Yaeger, Big Island - Building/Zoning Violation Dear Mr. Curtis: Attached please find the following information from City files which may help you understand the history of this matter; June II, 1982 December 30, 1982 Undated February 15, 1983 Mays, 1983 May 16,1983 August 23, 1983 September 23, 1983 September 28, 1983 November 22,1983 1997 Site inspection report -r J photos by A.P. Olson and M.P. Gaffron Council minutes/ Adoption of Ord. tf246 City notes as to Roy Ahem tax parcel areas Package of information sent to Roy Ahem re New Ordinance City notes re: Contact from realtor re Ahem properties Letter from A.P. Olson to Roy Ahem re Record lot Designation Letter from Ahern's Attorney Seymour Mansfield to A.P. Olson Memo to staff from A.P. Olson as to Big Island "loose ends" as Olson had resigned to take a position in another City Letter to Mansfield from A.P. Olson Letter from Mansfield to A.P. Olson including copy of November 22, 1932 letter from Herbert Leffier re: Roy Ahern Staff notes re staff search of ownership of Yaeger parcel, 1980-1997 per Hennepin County Tax Records Also enclosed is a copy of the RS District code sections, and a variance applicatioi., .eket should Mr. Yaeger choose to apply. Please contact me at 473-7357 if you have additional questions. Senior Planning Coordinator end. Telephone (612) 473-7357 • FAX 473-0510 - •>:* - .?■■'.■ ,,-/S-'-V.' Vi: «f-\'^S.V'-'v' ■•::■ '■.■■:,-!f. SIHillSIS r#sara r'W - ^ ^ 'f ' s /y-», •;'/ J'' • wm^pi?-<*4^-. *v ki'>.•.• • - '/•r -. . •:• • •' • C; •': r:'J ■ . '-'^'T'F'-Y- Y—^ * • ' • ' * . • . <»’ v^ ' H*-* ‘ rv< '«• * > . 'V. >*,•-* • fyT*- .s-^ >i - ■ i- ' ■ • '' ..• • '•ft . •'.i .ft' mmmm ' MP ■ li I X \ '2^ cfron City oC Orono 7:00 P.M. Regular Meeting of the Orono Council, Deceinber 30, 1982 CONSENT AGENDA* The Orono Council net on the above date with the following menbers present: Mayor Van Nest, Counc i Imembe r Butler, Counci Irnember Adams, and CounciImember Hurr. Absent: Councilmenber Frahm. Also present: City Attorney Malkerson, J. Diann Goetten of the Planning Commission, John Hammerel of the Planning Commission, Charles Kelly of the Planning Commission, George Rovegno of the Planning Commission/ Ed Callahan of the Planning Commission and Mr, Bill Sime newly appointed Planning Commission member. City Planner Alan Olson, and Deputy City Clerk Sandi Woytcke. poo: CounciImember Butler moved, Councilmember Hurr seconded, to approve the Consent Agenda* as presented. Motion, Ayes (4) - Nays (0). PUBLIC HEARING - LAKE MINNETONKA ISLAND ORDINANCE Mayor Van Nest opened the Public Hearing at 7:33 P.M. explaining the circumstances of this meeting being rescheduled because of the blizzard of December 28. City Planner Alan Olson then reviewed the Ordinance explaining that since October 25, 1982 the rewritting consisted of changes that were suggested by the public. Mayor Van Nest then asked if there were any new comments from the Public regarding this ordinance. Willie Crear 56 V/estwood Drive, Long Lake stated he is a new ovmer on Big Island. He purchased his property from Mr. Roy Ahern who is a long term property owner on Big Island. He owns 3 pieces of property on the island; the house that is his current summer residence, identified as parcel 558 what is called the Snyder house, identified as parcel 515 and also behind the Snyder house on the other side of the road right of way there is another piece of property. When this ordinance came up those two pieces of property v/cre MEETING OF THE ORONO COUNCIL, DECEMBER 30, 1982 PAGE -2- ORDINANCE CON'T.separated by a road right of way identified by the City of Orono as one building site, when in fact when purchased by Hr. Ahern were tv%ro different sites. For reasons I don't understand, under your new ordinance, these were combined as one building site even though they were divided by a plated city street. It appeared the ordinance intended to take all individual lots and cause them to be buildable with exception of the ones you talk about. In response to that it v/ould appear the ordinance would cause that a number of lots would become only one lot. Roy sold the lots before this ordinance went into effect. The new copy of the ordinance shows you have made changes, that changes the time of the owners of record for these lots, and it is that portion of the ordinance (the owners of record) that I would like to take this opportunity to object to. Can I ask why it v/as done? Mayor Van Nest then asked Mr. Olson for the facts on these lots. Hr. Olson stated the facts of the matter: are that he has two separate holdings.The way the ordinance is written. One is number S53 and that lot is approximately .32 acres, completely separate from the other holdings Hr. Ahern had. This was declared buildable because it has a house on it. Second part is properties that we have combined as #15 slightly north of the first property (separated by John Dean's property). Parcel #15 combined on both sides of the right of way totals 2 l/2*-^cres. Neither piece is 2 acres by itself, and so under the current code,the 1974 code,it would be one site, or would not be rebuildable. The cabin that is on that property is completely deteriorated and is in hazardous condition at this point. There was a permit issued at one time to rebuild it but v/as never acted on, it is not being used and is not habitable at this time. Hr. Olson stated that he has talked to Mr. Ahern and Hr. Creer on this matter in his office. Mr. Roy Ahern stated that he had taken out the building permit and had been doing some remodeling in the cabin up until the time he sold the property. Mayor Van Nest asked Mr. Ahern v/hat had he sold, and Mr. Ahern stated that he sold because of the ordinance being passed, and he was not going to be able tousoanyof that property, he sold all of it. He stated he sold all of the parcels except for #58 because I was not going to be able to use any of the property the v/ay t wanted to under the ordinance. meeting of the ORONO council, DECEMBER 30, 1982 PAGE-3- ORDINANCE CON'T.Mciyor Van Nest asked at this tir.ie who he had sold the parcel to, Mr. Ahern stated he sold it to various people. Mayor Van Nest asked how many people, Mr. Ahern stated he sold (S lots to six different people. Mr. Ahern stated he had no use for the property so he sold it. Mayor Van Nest asked did you have knowledge when you sold them that this land was not buildable? Mr. Ahern stated his attorney said they were buildable as a seasonal dwelling under the terms of this ordinance the way it had been written. Mayor Van Nest stated, "it would be one building site. There is not enough land there for two parcels on that piece of land under our present code". Mr. Ahern again stated under the new ordinance, those are over 1/3 acre, they are all approximately .1/2 acre and the new owner should be intitled to building rights just as Mr. Bacckus should be intitled to building rights on his 1/2 acre. Mayor Van Nest then stated, that he heard \vhat Mr. Ahern was saying but that he was not getting a sympathetic ear from the City because he had plenty of knowledge knowing exactly what was going on when he sold the parcels of land. The City is going to be extremely resistant to issuing fi different building permits on those parcels. Mr. Ahern stated that was between the new owners and the City that he did not v/ant to get involved. Mayor Van Nest stated that he felt Mr. Ahern was involved, because he had good enough knowledge of what the situation was. ’ Mr. Ahern stated he was upset because he had to sell the land at a discount ' to get rid of it becuase it is not worth as much now with the new ordinance pending. Hurr stated that of the six lots v/ere sold as buildable why did he have to take a discount? Mr. Willie Crear then stated the timing of the addition of the language to the ordinance appears to be designed specifically to prohibit anymore parcels in this oiece. Mr. Zane Scheftel of Excelsior, also present, commented that he wanted his year round residence grand fathered into the ordinance so that he would not have any trouble continuing to live there full time. There follov/ed discussion about the reasons for MEETING OF THE ORONO COUNCIL, DECEMBER 30, 1982 PAGE-4- I/ .^ke ordinance CON'T requiring Cull-tine residence to have a conditional use permit, including the higher standards required Cor Septic Systems, private.. Cire protection, otc» Olson stated *that the Sheftel property is knov;n to have been used Cull time and that except Cor being 4 acres instr.^d of 5, the property should now meet or is capable of meeting all requirements for a principal residence Conditional Use Permit. Olson recom mended granting the Schefetel property a conceptual conditional use permit and variance with Cinal approval awaiting completion oC an application form and preparation oC the required resolution to be recorded in the property title. f.jf, j^oy Ahe rn, Barrie Ro ad, Wayzata stated that he Celt the ordinance should be held over until another meeting. He Celt the people concerned were not given enough time to be present at this meeting. The Deputy Clerk then presented to Mr. .Ahern a record oC all the owners that were notiCied of the change oC the meeting. Of 77 names on the list, 4 2 were contacted directly and messages we re left for nine© the r s. The r e wa s no answer to repeated calls Cor nine persons, nine others had unlisted numbers (or could not be located by the mailing address) , and five out of town long distance calls were not attempted. Thus, 69% of the owners have received telephone notice of the meeting change. Mr. Rov Ahern requested a Principal Residence Conditional Use Permit Cor his parcel me same as Mr. ScheCtel. Mr. Olson stated that the house on that oarcel certainly appeared to quali Cy but that staff hod several questions about the location of the drainCield to serve the house; we think it is on the neighboring property. V*/e would not thus recommend a Conditional Use Permit at this time until .Ahern can provide more information to staff. Ahern had no response. CounciImember Butler moved, Councilmember Hurr seconded to adopt Ordinance D 246 An Ordinance Amending the Municipal Code of Orono By Changing the Zoning District Designation and Performance Standards Applied to Big Island, Mahpiyata Island, and Deering Island, draft as amended in Section 34.363c regarding occasonial overnight camping in a day use recreation area. Motion, Ayes (4) - Nays (0). i ' r 6 tJut .34 tLc, ooz^/35'*<. #*7^ C a ^ Z'i-'ii^ ce>AO 0 ^ 00A7 - -57 caAfr ,*?r 6t<^ !*7T‘cjt. y/p^ TV!*^ (o J r I? wia ft r'^-:5.01F. X*c3^::loiNW _T-s~. CITY of ORONO Post Office Box 66»CrysUl Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka February 15, 1983 ‘'Record Lot Hlb S-*^S'S Roy E. Ahern 644$ Barrie Road Minneapolis, m 55435 Dear Island Landowner: The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island, and how these changes nay affect your property. ^ The new RS Seasonal Recreational zoning regulations were established by City Council adoption of Ordinance ^246 on December 30, 1982. This action also ended the development moratorium that had been in effect since November 9, 1981. A summary of the ordinance is attached. If you are interested, a orsi^nn ordinance is also available for a nominal charge of §3.00 to defer printing and mailing costs. ^ Your property is identified in the ordinance by the Record Lot Number- shown above and on the attached blue page. This identification is part and%v?!rJ^ section that inventories lot by lot the ownership patterns then property. Based on this record, the ordinance building rights for these Record Lots by making then eligible for lot area variances. This means that for the first time ^ less than five acres (or two acres under the previous may now build a new seasonal cabin, or if you already nave a cabin,that it may continue to be used, improved, added-onto or replaced with a new cabin, subject to building permits and setback without questioning its use for building purposes, and without requiring any special City Council review. In order for you to automatically receive the benefits of the lot area 1983^"^^^’ should review and complete the following before July 1, I .• • 1. Please verify the Record Lot information on the attached blue page and notify the City if there is a problem or a change. (over) BUILDING A ZONING - 473-7357 • ASSESSING ADMINISTRATION L FINANCE - 473-7358 PUBLIC WORKS - 473-7359 Island Landowners February 15, 1983 Page 2 2. nota^Ler°^d re°"e‘v Pl“ = <= sign, have requires that all zoning vaJlanl^ r“ Slate law Recorder In resolution form. Returninc'th^ "* “^5’’ County but if you choose not to Hn ^ tbis resolution is optional and fllo a formfl va°^l'nce ap%°llL°ti:n^^%r ’J^”^ ^ plan to do any building on the property this automatic variance recorded at this time having 3. greerfor^for requestinra c^ hT° a"" separate tax parcels, a sign and return this to the City to enclosed. Please changed into one parcel consistent records to be the most favorable tax.rate possible A . for certain lanrus^"in Jbe'^RS dLcJi-c^'^ requiredresidential uses: “ Oistrr^t, including the following a) If you use or have used your cabin FOR MORE THAN 180 DAYS/YEAR. b)If you have MORE THAN ONE CABIN on your property. ln%'L^lng'^de"crlp:Lrof°wh:^“%p::i:i''“"'“°" to the city. Ue Sin ”nd Hr It return nail. ^ appropriate application form by ^°^'^%f°^thrCityy^^?ryou have°Iny que the above Alan Olson or Jeanne MaLsth at 47^7357 Please call this opportunity to'"thank^each^and^^^"*'^''® Commission, I want to take participation this past yearl;ar^.r%'''°^‘^ interest and this planning process. I have certain^ completion of learning so much about your island enjoyed meeting all of you and as simple as possible so thTr vr. ^ hope this last step can be keot recorded for your future benefu"" be correctlj Sincerely, Alan Olson City Planner Enclosures \ 1 CITY of ORON Host Office Box 66 •Crystal Bay. Minnesot.i 55323•Municipal Offices 473-7357On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 otv-ner/taxpayer of record according to Ordinance 1?246, Section 34.336. The following Record Lot classification will be considered accurate dispute the facts used to make the classification. thnr-G-andffrhIi“r r the basis for the granting of automatic lot area variancesthat Grandfather existing properties of less than 5 acres in area. LOT means all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or w common-ou-nership may occur thereafter, including one or more separately parcels parcels of land, and/or one or more separately identified tax i Because of the unique circumstances and actual use patterns existing on the included within the definition of a "Record Lot" is commonly-owned land This RECORD LOT consists of a --------------^ • ^ tax parcel(s) • ‘'Record Lot 015 as follows: . 3S. /O/iS.2 * . Roy £. Ahern 644$ Barrie Road Minneapolis, N24 55435 % 321 002.9 approximate ACRES ( CLASSIFICATION; (size is exclusive of any wetlands) 23- //7'23 .32 oo47 23'fi7-73 3z oc4SOVER 10 ACRES, (rwy bo SCBDIVIOAELE) OVER 5 ACRES, but LESS THAN 10 ACRES (conforming but not SU3D1VIDA3LE)^5'//7-2j 32 ouiicss tnan 5 acres# a now seasonal cabin may be built, or an existing seasonal cabin may be improved, added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (ineans a vacant lot of loss than 1/2 acre; may be used for recreational purposes without a cabin, but requires a Council approved variance to be built on)• EXISTl.NG USE CLASSIFICATION m R£CREATIO:;a L use only (without a cabin) SEASONAL CA31N, used 180 days or loss/year " (if your cabin is used more than 180 days/ year, please complete the YELLOW application) Seasonal Cabin plus a PRIVATE GUEST CA3IK Other CONDITIONAL USE • » PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there is an error or a change, please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1,1983 , or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Owner/Taxpayer Date Phone r •*, V CITY - •- »/ •* 4 ♦ ORONb? City of ORONO © RESOLUTION OF THE CITY COUNCIL NO. APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO PURSUANT TO ORDINANCE NO.246, SECTION 34.366 /r BE IT RESOLVED by the City Orono, Hennepin County, Minnesota: 1. That is (are) the" I—i——-— - - - i S \ SL r 6 J ovner(s)/taxpayer(s) of record of the following described ' property located within the RS Seasonal Recreational Zoning District of the w i t y * Lots 64 and 65, Morse Island Park, and Lots 8, 9, 10 and 11, Morse Island Park Second Addition; Hennepin County, Minnesota 2.That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patterns on the islands and has above described property combined is and Shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 34.366 of said ordinance. 3.above described property when combined as one RECORD LOT is stxll less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use i-n the RS District without adverse affect upon public health, safety, or welfare. CONCLUSION variance to the above --in. aor;wb,-t to tL 1.including all the above described property combined Shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it Shall not be subdivided, sold in parts, reduced in area or otherwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete "RECORD LOT" as a single unit. 2 .Granting this variance means this RECORD LOT may be used for one- fanily seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added-onto or replaced; all without requiring further City Council review of lot size, but subject to strict comp liance with all building permit, setback, hardcover, on-site sewage treatment and other performance standards for development in the RS District. J page 2; RECORD LOT MO. /5~ ; RESOLUTIOM NO. 3.Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall a future City Council from amending, modifying or other development rights and/or performance standards in the ivw> uiscrict • 4.The undersigned has read and understood the terms of this resolution himself, his heirs, successors and assigns, agrees t..at the above described property constitutes a single RECORD LOT- agrees that the RECORD LOT use may be so limited by the City; and* agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the_ _ _ _day of 1983. ATTEST:CITY OF ORONO City Clerk Mayor (1) Property Owner(s) (2) STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of and for said County, personally appeared , before me, a Notary Public within i 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 MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City Of Orono P.0. Box 66 Crystal Bay, Mn. 55323 473-7357 t' © iipi CITY of OROJifO^ Post Office Box 6G«Crystal Bay. Minnesota 55323.Municipal Offices On the North 6hore of Lake Minnetonka Svelope?^Doing^his^wm result^il! cLbinln^^ attached postage-paid for assessing purposes conslHeir iurth^c^rrenrRrCn^Jr^’' TO: Vernon T Hoppe Finance Division Director 603 Administration Tower Government Center Minneapolis, Mn. 55487 (please date) ,1983 DEAR SIR: 'Pr . ^ /------■g 5-//7-2? Qo^7; IS CITY NO. 38 FOR 1983 TAX YEAR Signature of Fee Owner Signature of Taxpayer (if different) (OFFICE USE ONLY) Taxpayer's Mailing Address COMBINED CURRENT VALUES H OR N. H. 1 AGR EXMP. n LAND BUILDING MACHINE-TOTAL FULL AND TRUE TOTAL AS5ESSED • administration & finance - 473-7358 •P*.'BLIC WORKS - 473-7359 r. . I *• • I ‘; . • • *.» L • • rr / 7 y -------- 7 • I ^ g'y; II ^*4 ^7^ P^fO -' ii -• .• y» /* — ^/i(S- li--^^ ‘j cJj^ 1 r P- hji i-"' y^'' ’^<i'--^ V* ,l__ / -''• J ,'/^*\^ • /i' <.' . * *• Z' t ! • >• • /' } '77.q fftc, /?7 / Cfl.., c£iac.Ie, 7^ • •*.;. 4 : iI . \ i/--^OFp«i lORONOIk.:;.,-v^5m^jiil Telephone 473*7357 j:-7 CITY of ORONO '•osl Office Box 6G» Crystal Bay. Minnesota 55323* Municipal Offices 0/1 the North Shore of Lake Minnetonka May 16, 1983 i ' Mr. Roy E. Ahern 6449 Barrie Road Minneapolis, Minnesota 55435 V Re: Big Island Dear Mr. Ahern: Enclosed are separate information packets on your two Big Island last December^ status under the revised zoning ordinance adopted consider completing and returning the variance esolution forms (#2) and the lot combination forms (#3) for both ■Fi 1 properties. Doing this will ensure that you receive the biH benefits of the ordinance designed to protect ^^^ those properties with existing cabins. RECORD LOT #15 -3 Rfco?d*Lot^ll5^''Jb^ problem with the record lot '^asignation for hn? should not return the variance resolution, factn^? u and whatever otherfactual data you believe will support your challenge. Frommes, concerning these and the City s position classifying those six lots as one building site. As I have said to her and previously to you, I believe you have the following options available: <^^ty designation and retain all six lots together as moL ^ rebuild the existing cabin (?) or f , ^ ey^ replace it with a new cabin located either in the .. ^ ° ® this case, I suggest you sign and return variance resolution to guarantee the automatic/no fee variance. ^ who ooJJi^n the back lots to another abutting property owner into his property without creating a new building site. in this case, to rebuild the cabin on the you would have to formally apply for a change in the record lot designation and for a lot area variance, and perhaps for variances. Ey-h variances would most likely be approved but the burden would be on you to; . j t't* Mr. Roy E. Ahern May 16, 1983 Page 2 a) show that the record lot split/sale would not create another building site; and b) show that the resulting smaller front properties would, indeed, support a well and septic system. 3. Finally, if you wish to challenge the City’s position and apply to divide this record lot into 2 building sites, you will have to file a formal variance request to be heard by the Planning Commissior. and City Council with supporting data about ownership history and usage; you will need a plan for providing access to the back lots; and you will need surveys and soil testing to demonstrate that both sites can support private wells and septic systems. This option , is not the intent of the new ordinance. However, you may have 1 valid reasons or hardships enough to justify the variances. The j burden will be on you to demonstrate these hardships. The City Council may approve or deny such an application, but you do have the option of making the application. 4. If you choose to do nothing, the record lot designation in the ordinance will stand, but any future building on the lot will not be permitted until the same or similar lot area variances/lot combinations are formally applied for and recorded at that time. I would suggest that you complete the process now to avoid this potential cost and delay. RECORD LOT #58 At the December 30, 1982 City Council meeting, you asked about a conditional use permit for year-round use of your cabin on this property. I have enclosed the application form #4-1, which needs to be completed and returned along with the lot combinatiion form #2, if you wish to have such a request considered by the Council. Our major concern with your property is sanitation. Please carefully complete questions 13 and 14. We will have to see a site survey or at least, a scale drawing of your lot showing where the house, well and septic system are located. When you return this information to the City, we will review it and place it on the next Planning Commission agenda for formal review and recommendation to the City Council. I apologize for the delay in getting this information to you. You will note that the ordinance and attached forms include a July 1, 1983, deadline for your response. I would appreciate your response by that date, but because this notice was delayed, we will extend the actual deadline to September 1, 1983. Thank you for your cooperation. IT'S leed^OFCOwNSEL VANCE O.BUSHAY S TEPHEN H. PARSONS LAW OFFICES SEYMOUR J. MANSFIELD ATTORNEY AT LAW 550 BUILDERS EXCHANGE 609 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 (612) 33^^-4295 August 23r 1983 dOIlDWdffi' AUG 2 61363 CITY OF OROKO iissior nd ts; both )erty, :ed •y Mr. Alan P. Olson City Planner City of Orono P.O. Box 6 Crystal Bay, MN 55323 ■Vi.* Island Record Lots Nos I& 58 Dear Mr. Olson: Please be advised that this office represents Mr. Roy E. Ahern in regard to the City's classification of the above-mentioned lots. With regard to Record Lot No. 15, Mr, Ahem, through his attorney, Herbert P, Lefler III, informed the City in his letter of Novanber 22, 1982, that Mr. Ahern was no longer the owner of the six parcels which the City has purportedly combined under Ordinance No. 246 as if these parcels were *still owned by I4r. Ahern. Please note that all six of the parcels combined in Record Lot No. 15 were conveyed to the following persons and appropriate instruments of conveyance recorded with the Hennepin County Recorder's office, on November 19, 1982: Grantee Lot No. Joe H. Campe III and Joan B. Cairpe, 8 husband and wife 15550 Scenic Heights Road Eden Prairie, MN 55344 Ronald M, Schumeister 9 4921 Trilluim Lane Edina, MN 55435 Robert Douglas Cox and Barbara Elizabeth Cox, 10 husband and wife 3947 West Broadway Minneapolis, MN 55422 s i ;0 Mr. Alan P. Olson Page 2 August 23, 1983 Thonas N. Traff and Janet L, Traff, 11 husband and wife 260 Inland Lane Plymouth, MN 55447 David S. Steingas and Lane M. Steingas 64 3825 Virginia Avenue Wayzata, MN 55391 William Crear III 65 56 Westwood Drive Long Lake, MN 55356 I would suggest that you contact each of the above grantees to determine what their desires are with regard to the above-described lots. If the City's position is that the ordinance voids Mr. Ahern's sale of these lots retroactively and after the fact of their having been conveyed to other persons or restricts the rights of the new owners with regard to their use, building, and future transfer of the lots as separate parcels, it is my opinion that the ordinance is unconstitutional as retroactive legislation, an unreasonable restriction on an owner's right to the use of and the transfer of his property, and the "taking" of property without just coirpensation. "^e ordinance also exceeds the authority given to local municipalities wi^ regard to zoning and land use fcy the Minnesota Statutes, in so far as it purports to bar the sale of separately owned parcels and force the combination of separately owned parcels into one record lot, resulting in restrictions with regard to the sale, the use and building on those lots. Regarding the unconstitutional retroactive effect of the ordinance, it is significant that the moratorium ordinance (No. 238) and extension thereof (No. 241) did not bar the sale of these lots, and accordingly Mr. Ahern's conveyances were entirely valid under the then existing laws. On the other hand, if the City treats these lots as separately owned parcels, as it should, each one of the above-named owners should be notified and offered the various options with regard to their separate properties. I assume these owners will be given extensions of time for filing as they have not been previously notified and sent forms. Mr. Alan F. Olson Page 3 August 23, 1983 “11 l* sen'Ung you underttf Cit^. completed variance resolution (form no. 2) for ado^long by May I hear from you soon regarding t^»e\jnatter of Record Lot No. 15. SJMrdb cc; Roy E. Ahern Above-named Grantees »k September 23, 1983 Page 2 RECORD LOT #15, Roy Ahern. See file See September 22, 1983 letter in file. This is listed as one record lot but he “sold" it in six pieces. So each piece is now unbuildable. No permits even, to "remodel" the vacant cabin until this is resolved. It may be reasonable to divide this record lot into two buildable sites, one with two lots and the cabin on the shore and one with four lots on the back. But the inland lots have access problems and any such determination requires a formal variance application and review. The ball is in their court to make such an application if they want to. 5. CONDITIONAL USE PERMITS; Go thru Planning Commission & Council. a) RL #10 Scheftel: This is year-round property and homesteaded. He has animals. He uses City right of wry for access. See commer - in record of December 30, 1982 public hearing: "■'al use Conditional Use Permit;(1) Procf shou (2) Pro the (3)Pr w r (4> b) F nal use permit: note •*ned about the goats. of right of " store Ke rejt..SOP old ‘‘— jack ed. A, and sep.. I*::. • (1) Process Px Vx ; ^ This should be .. perhaps for continue-. Planning Commission wilx deadline for installation of .. if new house not built by then? * Include automatic lot area variance witn ^ nditional use permit resolution. Pt s ar 'en (2) r 1 1 CITY of ORONO Post Office Box 66 •Crystal Bay, Minnesota 55323 •Municipal Offices On the North Shore of Lake Minnetonka September 28, 1983 Mr. Seymour J. Mansfield, Attorney At Law 550 Builders Exchange 609 Second Avenue South Minneapolis, Minnesota 55402 Re: Roy Ahern - Big Island Record Lots 15 and 58 Pursuant to RS District Zoning Ordinance No. 246 Dear Mr. Mansfield: This letter is written in response to your letters received August 28, 1983, regarding Mr. Ahern and his Big Island properties. Regarding Record Lot #58, we have received and are processing Mr. Ahern's request for an automatic lot area variance for this property that contains his habitable dwelling, including combination of the existing tax parcels into one parcel for assessment purposes.. Regarding Record Lot j|15: Your letter is the first written notice the City has received which states that Roy Ahern sold portions of what Ordinance #246 describes as record Lot #15 to six separate individuals, and provides any notice to the City who those individuals might be. v At the public hearing held December 30, 1983, Mr. Ahern and Mr. William Crear III stated in the record that Ahern "owns three pieces of property on the island..." and went on to describe record Lot #58 as one piece and record Lot #-15 as two, pieces separated by the undeveloped road right of way. Later'"^in the meeting Mr. Ahern then stated he had sold parts of record Lot #15 to six separate xndividuals. DU that he had to sell the six lots at a discount because he felt the new ordinance made the lots unbuildable. The interesting thing is that on May 5, 1983, realtor Judy Frommes .called me to say she was representing Mr. Ahern and she was trying to sell these same properties for him. She identified all 6 parts of record Lot #15 including prior platted lots 8, 9, 10, 11, 64 and 64 and said she wanted to know the best way to sell and develop them considering the new ordinance which she knew had been adopted. BUILL)1N(; A ZONING - 473-7357 • ASStSSlNG administration L finance - 473-7358 PUBLIC WORKS - 473-7359 J r September 28, 1983 Page 2 Re: Roy Ahern that time to have Mr. Ahern make a advised at for that possibilitv so that th<:» p, variance request of the City could decide ihe g^Lt?o^ Planning Commission and Council ^ iiy letter to Mr. Ahern dated Mav 16 lQft7 j\ conversation and qoes on to li«?t all (enclosed) relates that under the new ordinance? options available to him sa\rtJarMr"“!:irn'?o°?d'no?":eu'LcSas you now state he has done what the ordinf Parcels separately separating these lots they will each fall ii?^?h ‘’J'vacant, unbuildable oamoi tall into the category of a use of land without structures -iSst seasonal-recreationalon the island. structures just like seven other similar properties ^ogether “lnd^w?S the'??tf ?o°^e:ove"ti"'d “:'^on Lots 64 and 65 and to the deteriorated structure now even two good buildino sitec; in v .'^^^^tous lots into one and perhaps owned and’used in the^oast and with^thJ the way they have been ordinance. ‘ intent of the new zoning since the 1967 o? 1974 ?o??nc co?.S S buildable, at least not Ahern purchased the prooertv? that^t-h^"?"'" effective long before accessible to thriakrexceni Sn ^^e not inland lots together total ahou? ?“? "S?*" ^he four minimum two acre reouirement of*^the^ acres which did not meet the and that the cabin o-rLotrL fnd Ss"?""""?^-®'’^“'=®? zoning, and requires substantial structural "a a habitable condition This new -dinancrL ‘rJofc"L"n\“ef a^?"or?L ‘L"1a"ctT"°''^’"^"‘"- It h“s bL"n'%a^?d“!n -- thing meetings and calls between he and t public meetings and in other are still open for J last fall. The options However, these six lots will^hp ^'^^i''l<3uals to pursue. not be in a posiUoi to IssL Lirbuildfn"^ unless one of two things happens^ Either^ Permits or other approvals 1. 2. All SIX lots are combine^ as per Ordinance ^246; or Planning Co^i^iission^aid^Counc ‘ than what Ordinance #246 already^al^owl.something other J r September 28, 1983 Page 3 Re: Roy Ahern The choice is entirely up to the property owner(s) who may pursue the administrative procedures established for review of variance requests. If he (they) choose to do so, they should contact Jeanne Mabusth, Zoning Administrator at 473-7357. She will be happy to assist anyone who wishes to make an application. Since Ian P. Olson City Planner Enclosure cc:Mr. and Mrs. Traff Mr. and Mrs. Steingas William Crear III Mr. and Mrs. Campe Ronald Schumeister Mr. and Mrs. Cox -.TT—- - - -■ r->, ■^■T.J r LAW OFFICES SEYMOUR J. MANSFIELD ATTORNEY mT LAW 550 BUILDERS EXCHANGE 609 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 (612) 339-4295 OF COUNSEL VANCE O.BUSKAY STEPHEN H. PARSONS // November 22, Mr. Alan P. Olson City Planner City of Orono P.O. Box 6 Crystal Bay, MN 55323 Re: Roy Ahern - Big Island Record Lot 15 Dear Mr. Olson: oS* asked me to respond to your letter of September First, contrary to your statement, the City had written notice Mr. Ahern had sold the six parcels and w»'.s no longer owner of those properties more than a month before Ordinance No, 246 was enactedd by the Orono City Council. The letter of' Mr. Jmern s attorney to your attorney, Mr. Bruce Malkerson, dated November 22, 1982, is enclosed. Second, Mr. Ahern informs me tnat he has never made statements to the contrary as to his no longer being owner of the subject properties. Neither Mr. Ahern nor I have seen the transcript of the public hearing held on December 30, 1983, but suffice it to note that Mr. Ahern denies that he said that he was still owner of the six parcels constituting Record Lot 15 on that date, and your letter specifically notes that he did state that he had sold the oarcels to six separate individuals. Further, Mr. i'*-orms me that at the public hearing on December 30, 1983, he said or meant to say that Mr, Ahern had formerly owned three ^'7eces of property on the island,” and specifically notes that he did say that he was now the owner of Lot 65, which had r Mr. Alan P. Olson Page 2 November 23, 1983 been conveyed to him by Mr. Ahern. Since you have quoted from some sort of "record" of the hearing, I would specifically request access to the record of this hearing to confirm what statements were or were not made by Mr. Ahern, City officials, and others. As to your reference to Ms, Frommes, she informs me that she was making an inquiry for a potential buyer as to whether the cabin on Lot 64 could be remodeled or other building could be done on the parcels. While she had been in contact with Mr. Ahern and may have made reference to him in connection with the properties, the fact is that as of that date Mr. Ahern was not in title to the property. Third, contrary to your statement, Section 34.366 of the Ordinance clearly does prohibit the division and sale of record lots without City Council approval. In pertinent part, it provides: "All record lots...shall be continued in common ownership and shall not be subdivided, sold in parts, reduced in area, leased or otherwise separated without application for and City Council approval...." Section 34.366 of the Ordinance defines record lot for this purpose as "all the contiguous and abutting land owned in common by the same person or persons as of November 9, 1981...." Please advise if it is the City's position that, despite these provisions, the individual owners of the six parcels each may sell or transfer ownership of their parcels separately. Mr. Ahern was never barred from conveying these parcels to other persons prior to the enactment of Ordinance No. 246. Your previous moratorium Ordinances Nos. 238 and 241 barred the granting of "building permits, land subdivision approvals, rezoning approvals, conditional use or special use permits, variances or other authority for additional development." These ordinances did not restrict Mr. Ahern's sale of the individual parcels. Yet, even though these parcels were under separate ownership prior to the passage of Ordinance No. 246, Orono continues to treat these properties as though they are under common ownership. The fact is that as separately owned parcels, four of the six lots, each approximately 1/2 acre, should have been treated as separate parcels and classified as suitable for the building of seasonal dwellings. The Ordinance at pages 17-18 so classifies at least 18 similar individually-owned parcels. Whatever the Mr. Alan p. Olson Page 3 November 23, 1983 spo„arSwe?liir cfasL^flcation1'?o"'? such should have to each of the indivi rinai owners, as it Further, the four inland lots'^ar^® subjectlake by road through the two lak^ i f accessible to the an easement of use for the owners ol ?Sese°iniand"jSts?''®“’=“"®® individuals/^I again^urqe vou^t^^°" “P®ak for these six ^sps^tely and to aooofd them f|°rand‘'®*'® Personsthose owners of similar!v e,-equal treatment with permission to build^s^aso^af dwel‘K. In conclusion, i believe t-ha4- a*. • Orono reclassify eacj^^ne Sf Jhe ® the City of lots, and reclassify Lots 8 9 in separate record seasonal dwellings,^ in accord buildable lots for individually ownid lots wder thi SrS?® eleasification of otheJ prepared to do this then Ordinance, if the City is not applied to these prooerties opinion that the Ordinance as c?t mentioned in my previous^^iett^°*^^^ invalid inCity having been provided with^+^hf^^ letter. i trust that the lotB separately owned,^ should^have\ these parcels should have been claIsiflffl^?o separate recordwill act in a fair and Ganitahff ^ _^sonal dwellinas. be amicably resolved without\^gatiSn!<^^*^^^^'^^^ matter can SJM:dw cc:Roy E. Ahern Joe H. Camp m and Joan B. Camo Ronald M, Schumeister ^ Robert Cox and Barbara Cox David%”’stf^^ WilUam'c?e«"??i ® Steingas r • • ^ i%KgllDWgffi' NOV 2 81983 CITY OF QRONO .... ■- M f \f'hy I J A/V'/V' \V. • •«f •• 4 *% • •• Kcvori:cr 22, 1982 >• • *. • ^ ■ r Mr. Bruce Kalksrnori Popham, Kaik, Schnobrich, Kaufnian , ,.. & Doty, Ltd 4300 IDS Cental- Minneapolis, iiinnesota 55402 • • • * *..• • • .• • Re:Zoning Ordincince AWndiiient for’Big Islemd’’ Dear Hr. Malkerson: ^ . J. It is ny understandincj that at tho Orono Council raeeting to ie hold"this evening an ordinance concerning Uie,zoning district designations and perfornance standards for Dig .. Island will be considered. A client of ours has brought a' copy of that ordinance to. o\ir office, ,We reviewed it and v;ould sugeect that entry nurber 15 on page 11 should be * • arended, "t;-.'.; properuy -v;hich is described at thot point W35J c’t.’ned by Mir. Roy Aliern. ilovavar, Mr. Ahern has conveyed of tJ'vO'.>£* parcels anti so tney are now under indivioual 3rsh.lp» LJocunants of conveyance v^ere recorded with the Hennepin Co-an ty .Recorder's office on Hpyoniber 19, 1932. , .... Based on ny reading of the ordinance, it appears that each of those narcols should now bo listed ao a separate buildable parcol. Should you need any additional information concerning this'^tratter cr have any questions, please do not hesitate to contact rvo. Yours very truly. l-Z : Herbert P. Leflcr III HPL:np cc Mr. Roy Ahem 00^^m Tm • JU’ ' i ' 0 ^ • * / • • • . ••••; .• * • ••■4*0 «.♦ V*’*»*• . • 4 • • • ' , % , • f * • • •« 1 *• r TO; FROM: DATE; -J'^3 Bruce D. Malkerson, City Attorney Michael P. Gaffron, Assistant Zoning Administrator November 29, 1983 SUBJECT; Roy Ahern - Big Island Record Lot 15 Bruce, I am enclosing a copy of a letter from Seymour Mans field, attorney for Roy Ahern. I am also enclosing previous letters exchanged between Alan Olson and Mr. Mansfield. Please inform Mr. Mansfield that Alan is no longer with the City, and respond to his comments. 3 - /1/4?I a3 (U>A>%TCKCJr70l^ - /‘?‘?7- J\ ~ OF kF-F-e ig, - (//trw OF P^hA.OF CF<Lif^ r V(er’^ cM//^ 2> " f(MNt>koriof^ t AA (?'^ O F pe^/^cs 1 I L mfjliM»i• V>0. '•0.'vT> fZ;; 3't V.>f;^4 !vV/ r‘C>. T ^'•r^ ;2 a'>?•^Miii »»»» m mm■ & :<.^v i' V • . '• . ; •• ' Jt.'-jV'-V^\- J • _ M-1- -^. .; ‘•'/^•A' 'V'''‘.'- • ■.■•■ 'HHlA?’-'?*-'' MifBI <.<■.■,■' (>■>. . i^ni A-'t-, ■'.• /■ '•'NflBIS.--U’ S: a - .'* • ■'• .''-TSHm .,* ■ 'c.*^ >|*U^V -r •- «. MS ' A •v;r. -’ , .'?Vv ’. •- •*#:.■ ■ %r^'- ' ■ <\ « ^‘*1 •'• * •'' ** ‘ .......................................................... i-ik' '7-A^^vi •; -iwk: • > . * .. U=-::- :.•• ,.. • r r-VivV ' * >•• •> :^'-^^^--V';k'--A->\' ---A--A-. N • ■ • *^‘5* V# **“■,»- ‘ • ■ ^ •». — * •. . * •- * A»/ .1 - .- - •s-w. - --------j i m ,■5.'J? v'vcs.v. % ■• "U.':r>-rr’’ (■;<■%“’;, • - -/•;!|v.-^i ’is’ •'•'j\':4'■ . T-. ■• • - • •'., .’ '••:? ^'-I isV:Vi. (I'*->. i i/'.»•‘tu .\ • - f* - ^ -•:;•■ j.' . ■ •.'••■ •-' --;l BlHlIIME li* 'A X JB'lTft.m m •,>-fr'?/;*:.' ■ f/l-.-V’' im '’i. *r }l ■■?Sk'r ■ V. '**•■ ■ / '’ ;'■ VvSfV'- • N'iiJ. •. T tt “V Elr>r m I ; t ■ \ ^ I JJN-22-15=e 17:40 l^'esely 1 ler P.001/001 JtM-22-1999 14>47 '•Jrmm ly Ml I It^ P.0O2''4C2 I June 22,1991 Cliy ofOiofio Orooo CHy Council P.O. Box 66 Ciyttel Bay. MN 55322 He: Zoning File No. 2261 WilUim and LaWayf e Yaagor Dow CHy Council;i Tba pwpoa* of diii loMar is lo acknowlodga our agroonont with the propoad of WilH^ awl LaWsyne Yaegar regarding ibeir piwpaty on Big Itiand. At thli time, Nancy Farw owns Percale 8,9,10,11 and 65 of Reoond Lot 15. 1ft addition, Record Lots 16,63 and 69 are in our cooipl aa vrell. I ' ► We tie In agreement with the Ytcgera’ propeial that they ac^re Paical 6$ for ^ putpdae of combining It vdth Parcel 64 and that the remaining paieali in Record Lot 15 be combined wlth|0()iaf raoord lota so as to have no net increase In the number of buildabte Iota on Big Island. Think you ihr your anentloa and asaiatance with tHU matter ^^^>iincy Lee Firnai TOTOlI P.002 OC.Q .“SU 61 :i'36/22/90 JJN 22 '96 17:44 TOTPL P.0G CQGE.01 ^aJjkiaUBk i. REQUEST FOR COUNCIL ACTION COUNCIL P/E5T1NG JUN 1 9 1998 DATE: June 17, i95iPC!FGRONO ITEM NO. Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: Proposed Joint Use Dock Relocation - Navarre Cove (Kelly Cove) Zoning District: LR-IB Summary of Proposal: The Kelly Cove Homeowner's Association (the northerly 4 units of the 6- member Naveure Cove Homeowner's Association) propose to relocate their joint use dock systom which has been in place since 1978. The existing 6-slip dock system extends from Outlot A, Navarre Cove, which is surrounded by Lot 3, T'Javarre Cove, the former site of the old "fire station" duplex which has been razed. Since Lot 3 is now being proposed to revert to single family status, the remaining four duplex unit owners would prefer to have a four slip shared dock system extending from their commons area which is known as Outlot A, Kelly Cove. List of Exhibits A - Joint Use Dock License Application B - Current Plat Map C-Plat of RLS 1428(1976) D - Plat of Kelly Cove (1979) and Plat of Navarre Cove (1984) E - Existing and Proposed Dock Layouts F - Selected Background Documents Background Chronology Prior to 1976, this area consisted of a single 6 acre parcel with a single family house and a two unit apartment building (the old fire station building). In 1976 the 6 acre parcel was divided into four RLS tracts. Tract A being approximately 3 acres in area and including the old fire station duplex; and Tracts B, C and D each becoming 1 acre single family lots further south along Kelly Avenue. It was noted in 1976 that a plan to construct two additional duplex buildings on Tract A would require a conditional use permit, which was feasible because the site proposed for duple.xes was within 200' of commercial zoning. • f Request for Council Action continued Page 2 of 5 June 17, 1998 Proposed Joint Use Dock Relocation In 1977 a conditional use permit application was approved, allowing four additional units (two duplex buildings) to be constructed on Tract A in addition to allowing the existing fire station duplex to remain. A decision on the proposed joint use dock to serve all 6 duple;, units was left up in the air, pending the results of an LMCD moratorium. The new duplex buildings were constructed on Tract A in 1977- 78. On March 30,1978 the City of Orono issued a joint use dock license to the "Kelly Avenue Holding Company" for one slip for each of six duplex dwelling units. That dock system was to be constructed near the entrance of the lagoon at the southwest comer of Tract A. Please review the staff memo and exhibits for Application #350 which provides some background to the discussions held regarding this initial joint use dock license. In 1979 Tract A w-<s split into three lots, each containing an existing duplex building, plus two outlets: Outlet A for a joint use dock, located at tlie shoreline of Lot 3; and Outlet B, the platted lake bed which was then deeded to the City. The 1978-79 discussions regarding lake access for these six duplex units, revolved around a number of factors: _ _ * 1. In total the six units had only 400' of shoreline in the LR-1B zoning district that required 140' of lot width and allowed one riparian "dock right" per lot; i.e. the 3-acre site would only qualify for two riparian "dock rights" if subdivided into two conforming widths single family lots. 2. City maps designated wetland along the shoreline of Lots 1 and 2, and allowing a dock to extend from Lots 1 and 2 would require a variance to the flood plain and wetlands ordinance which was then recently adopted. 3. A joint use dock providing one slip for each of the six duplex units would be of less impact than six individual docks. The impact of six slips, one for each of six duplex dwelling units, was considered a reasonable impact on the neighborhood and the lagoon. 4. Three individual docks limited to 5'6" width by 25' length, with two boats slipped at each dock, and such docks grouped at the southwest end of the property, would be appropriate. In 1984, Lots 1 and 2 of Navarre Cove were replatted as "Kelly Cove" creating four Request for Council Action continued Page 3 of 5 June 17, 1998 Proposed Joint Use Dock Relocation house pads for the existing northerly duplex units, and one large commons outlot (Outlot A, Kelly Cove). The four northerly duplex units continued to use the joint use dock system extending from Outlot A, Navarre Cove. Since 1978 the City has annually issued a joint use dock license to the 6-member Navarre Cove Homeowner ’s Association. The most recent license (1997) allows six slips on three individual docks extending from Outlot A, each dock being 44' in length. This extension from 25' to 44' occurred during the drought in the late 1980s and was formalized by LMCD and the City in 1993. Current Proposal While Lot 3 in Navarre Cove just recently received approval for demolition and reconstruction of a new duplex, the owner of Lot 3 would prefer to eliminate Outlot A (the dock outlot) and make Lot 3 a single family lot. Lot 3 becomes much more marketable without the encroachment of Outlot A, and without having to accommodate the joint use dock for the four remaining duplex units. To this end, the four remaining duplex owners would like to move their four slips further north to extend from their own commons outlot. This appears reasonable but also raises some additional issues; "Phe proposed dock system will extend from an area that the City maps define as wetland and over which the City has a Conservation and Flowage Easement; however, staff has reviewed the status of the wetland, and it clearly is not as extensive as the old maps indicate. The area from w'hich the new dock will extend is maintained as yard, contains mature trees, and obviously is high ground. The actual wetland boundary is much further west than the proposed dock location. In staffs opinion, the wetland is not a factor in this application. 2. Lot 3 as a conforming 1 acre/140' width single family lot, would likely be allowed by LMCD to have as many as four slips and four boats, as long as all four boats were titled to the owners of Lot 3. The net result for the City is where there were six slips and six boats, there is now a potential for eight slips and eight boats. Council should weigh the potential impacts of four joint use dock slips plus a single family dock system, versus six joint use dock slips. Applicant is advised to contact the LMCD (471-9588) which also has jurisdiction over joint docks, to confirm what special restrictions or permits that body may require for this change. r Request for Council Action continued Page 4 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Joint Use Dock Ordinance Municipal Code Section 5.42 gives minimal standards for joint use docks. However, that section does state that "any association of riparian and/or non-riparian land owners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have more than one boat slip per 50' of shoreline as measured by a straight line beUveen the points at which the side lot lines meet the OHWL. Further, all such use shall adhere to the Shoreland Management Regulations of Section 10.56." The proposed use appears to meet the one slip per 50' of shoreline standard, since as measured on a straight line Lots 1 and 2 contain 220' of width, which would allow up to four boats. Further, the proposed use appears to meet the standard which disallows any use which creates the need for additional parking on any street right-of-way or additional parking stalls. Since the proposed four slips w ill be used by four adjacent land owners with pre-existing parking areas, there appears to be no impact on streets or right-of-ways. Further, there appears to be no need for additional hard surface areas. The proposed docks would appear to be located in one of the widest portions of the lagoon, hence no boat traffic problems are anticipated. Staff Recommendation Staff recommends approval of the application of the Kelly Cove Homeowner's Association to allow conversion of a six unit joint use dock to a four unit joint use dock, subject to dock design and location as proposed, and subject to ultimate legal combination of Outlot A and Lot 3 of Navarre Cove by the owner of Lot 3; and that the easements over Lot 3 and Navarre Cove Outlot A in favor of Lots 1 and 2 Kelly Cove be extinguished. Public Hearing Option The joint use dock license standards allow Council to call a public hearing at Council's discretion. This application was received on June 12, and is brought forward for Council's initial review without a resolution, pending Council action. One of Council's options w ould be to call for a public hearing if there is some perceived negative impact to the City or to other users of the lagoon. Such a hearing could be published for the July 13th Council meeting. Request for Council Action continued Page 5 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Options for Action 1. 2. 3. Grant conceptual approval, subject to conditions, and direct staff to draft an appropriate resolution. Table for further information or in order to provide notification to surrounding affected property owners for a public hearing, if Council chooses to hold a hearing. Conceptually deny, providing staff with suggested findings to incorporate into a denial resolution. 4.Other. COUNCIL ACTION REQUESTED: Provide applicants and staff with direction regarding the proposed joint use dock relocation and conversion from 6 units to 4 units. X:\APPS\\VPWIN60\WPDOCS\B&Z\MIKE\JO[NTUSBNAVRCOV2.MEM • • CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 ?<S yjNUAL JOINT USE DOCK LICENSE APPLICATIOM Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City Fee Received $ 7^ !_ By Employee ^ REQUIRF-n - It is unlawM for any (group or % , « association of persons or families, more than two in number, whether incoiporated or not) to aTIL^S^tie Civ. ““ - ^ »»tained ^ND SUBMIT SIGNED APPLICATION REOUIRFH I nc T application FEE TO THE CITY CLERK BY MARCH1 OF THE LICENSE YEAR. ASSOCIATION information 1. Associaliontitleorname(ifany) /rguy c,rf HoMfcu^ets -----M! N nertiNk.ft Bay Afy-y __________ » » Person responsible for this application: Name ^usT(n H. Phone - U-y/ ^ // 'TO Mailing Address AfUy AvgA/t/rf. ma / Relationship to association 'l>RliS Association is (check applicable items): -____ unincorporated homeowner’s group. _jX_ incorporated Homeowner’s Association. ---- unincorporated club or recreation group. ---- incorporated club or recreation group. Page 1 of 5 I . « r 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ------ provide swimming access, beach, or offshore dock, ------ provide a club or association gathering place for activities. Dock is located on (check applicable item): ------- one member’s private property. o«c«eot«r outlot owned in common. ------- property leased by the group/association. ------ property owned by the group/association. List Dock location and ownership information: Legal property description outlot A /ceuy ---------30-;I7-33 Names of abutting lakeshore property owners: _ (North/We^t)______A^oT" HrNe\^/^ (Name + Address) -fSouth/East) Names of other affected property owners: a rg? /ccw /»v.->,^«-- S-JT3V (Name + Address) Wh sheet if necess^)--------- Insurance Coverage - The jointly used dock is insured by One of the following: property owner’s homeowner’s policy. (4c7 VtKiitlf —^ group/associatioh owned policy. List the following information: ^Name of insured jTiru^/ b/vj)e1? Name of insurance carrier W c,«c,wwi.r/ J of insurance agency Cif/iwr c I Policy No. y ver Effective date of coverage ^Amount of coverage: Public liability, per person, per occurrence Public liability, per occurrence % ! ooCj Page 2 of 5 I ; • 10.Security and policing of the jointly used dock and property is provided by (cheek applicable items): fencing ____ security lighting ^ property owner ’s presence Other (specify)-----------------------------------contract security service nnrK information 11. 12. List Dock Use Area Specifications; Width of shoreline; ' _ ft- of main dock from shore Dock setbacks from side property lines at shore: Dock Construction (check applicable items). : ft. 10 o ft. and . ft. ------------------------------------------------w ^ seasonal dock (relocated or replaced each year) ~ permanent piling with seasonal deck ------ permanent piling and decking ___ wooden decking ____ decking 13. 14. List Dock Accessories: Number of fire extinguishers available at the dock —/Ji—/iofi-rs Number of life preservers available at the dock _,pffl-ncs /✓ ------ List number of slips in each category ("slips” includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys _ Permanent moorage slips. J Dry storage (rack) slips__________ Maximum number of boats at the dock 15. Uiy biuirtgt ------------------------------ ^ ^ J 1r List number of off-street parking spaces available for users of the joint use Parking, if provided must not be separated from the dock by any public road. /7l-^ spaces. ^ (» . ttr OSION ANH control 16 Shoreline is protected by (check applicable items): stone rip rap ^ wood seawall _ metal seawall _ concrete seawall >C grass and vegetation only -------other (specify) ------------ u r . r) ft- at 50 ft out: ^ at 100 ft. out:17 Depth of water at shoreline; _0__ H. at do u. oui. _»£— Page 3 of 5 r required attachments The following must accompany this application; A. DOCK PLAN - ATJ. APPI JrATTOMC B. C. D. nNINCORPORATFD GROUPS OR ASSOCrATTnM<; . A list of the names and mailing addresses of all members and/or slip users. 2. agreen.™. „,^,y made la____i ^^ TZ " » . r Applicant’s initials ys’CORPORATED CUJBS OR ASSOCIATTOMS A list of the names, mailing addresses and t::Jpc nf oii —*:mailing addresses and tiiies of all corporation officers. 2. 'lobassociaUon. 3.A cer^ed copy of the articles of incorporation and by-laws of the comnrafinn |S^=-~=S=S Applicant’s initials Joint Use Dock License Application Fee according to the current City Fee Schedule initial application fee renewal joint use fee, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy ___slips @2.00 each $ $ £To* 20.00 TOTAL DUE THIS APPLICATION $ $JS’Oc? Page 4 of 5 J LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Ci.ty shall not accept renewal license applications received after March 1 the annlication IS accompanied bv a late fee of 5125 nn -------- REVIEW PROrEnTIRF. When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date jLvM A. % City of Ororo P.O. Box 66 Crystal Bay. KN 55323 ( ryscai aay. 612)473-7357 06/16/98 14:35:39 Custcner: NONE LlCEltSE - OMR BUS. 1 e 78.00 78.00JT USE DOCK KELLY COVE HOtCOUE 1 8 0.00 0.00 SUBTOTALTAX TOTAL SALE Check Receive! CHANGE aERK5 03 TRANSI 7031 78.000.0078.00 78.00 0.00 Page 5 of 5 /! V KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior. MN 55331. USA June 11, 1998 Telephone (612) 471 - 1170 Fax (612) 471 -1184 nn 1 V • • I I V • * * Q\\'i ^ —•• Mr. Michael P. Gaffron Senior Planning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55402 Dear Mr. Gaftron: I enclose the following; A neyv Annual Joint Use Dock License Application. A Dock Plan showing location on property. A Layout Plan showing size of docks etc. A statement showing the names of association officers and the total number of members. Certified copies of the articles of incorporation and by-laws of the corporation Members of this association currently enjoy docking rights on Outlot A, Navarre Cove, which is owned by Navarre Cove Homeowners Association. The members of that association comprise the 4 members of Kelly Cove Homeowners association and Mr. * Bradley A. Hoyt the owner of Lot 3, Block 1, Navarre Cove. The members of Navarre Cove Homeowners Association are negotiating to convey Outlot A, Navarre Cove to Mr. Bradley A. Hoyt, dissolve Navarre Cove Homeowners Association and transfer 4 docks from Outlot A, Navarre Cove to Outlot A, Kelly Cove. I shall be grateful therefor if a Joint Use Dock License can be granted to this association subject to the members of Navarre Cove Homeowners Association completing the negotiations referred to in the previous paragraph. Please call me with any questions. Yours sincerely. Austin H. Evans President KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior, MN 55331, USA Telephone (612) 471 - 1170 Fax (612) 471-1184 The names of currently appointed officers are: Austin H. Evans President 2497 Kelly Avenue Excelsior, MN 55331 I hereby certify that the number of members in this association are four, comprising each owner of the properties legally described as: Loti Lot 2 Lot 3 Lot 4 All of Block 1, Kelly Cove and known as: 2497 Kelly Avenue, Excelsior, MN 55331 2499 Kelly Avenue, Excelsior, MN 55331 2501 Kelly Avenue, Excelsior, MN 55331 2503 Kelly Avenue, Excelsior, MN 55331 TUNif ;), \j\jM I LUI d r 02)^s s 3}g a n n JO g )•■ n" o 5 V . 50 U07) / 14'^.5 IS /! cr •n^ 16 f.«?j«r 59- . g IT ’•r IS III) n Yl' 19 tn2) <r g- /. 20 90 g*" .••••' 21 113) g 22 lO 90 • •^ 5 “30 /. 23 <1141 90 g ^IMC « 5 4 hi ■SHBReHNE— g g JO g g .1 ‘ g g \g >A 5i5 (91) g ^ »A «,f (92) 30 ;( ir (93) 7) Id" (94) g tO ?: 19" (95) 3Q • 1* 2 J} (00) "3 •r g 22? (142) 1 >9 1 ^ 1”? 9 1 /: g g g 4fi ? 24" (M) 23*’. 2 '•5 w 266<.6I RES (99) H .. V(d9) g. i; 20 52 2 “d 5c“n 5 ?2( ICO) 104.5 '-15 - Si . f UtO_W-5H_ n.aTii-». 1** r ~ * uj 33 35 a E- ^r»PD0C KO 1931123 > f l ?K^ " 111) » ' n’P WVT ft T assjc. Th -(S7)S .....DR (-HeGAll HD IS . poc 0 94US4r- ........123- r» 5 'rcisigH n»)(62)-i II M r OUTVOT * (60 •‘5 OOC HO 1946133-^ M.$a.....► 34.63 31132 OOC Ml 2003109 ^Vv-; , 4(25)? 0 (18)171 J'“1 If''- % 1 . ,500 hoT’Siwyt -----, , Appi 't«4 I * lu^ ^ . ounoT A 5 ..COVE m TTTTTia / / 8 (47)llT H /« / f /I •I2t - / v^" J'''■'■ 3oi'' (i'/J //'L T ^ ^' C V* I 8 /" o' P-P-Bi'^P’4 ■. I '»> \ JuJitimi Imndmark f Tifrr^fti A^a M904 * \ REGISTERED LAND SURVEY no.JjL^1z-_ c> Co \n "O tanJmmrk Ctft M0 /C9S4 /»?<?. DO •..... A SCALE im i DATE : Bmarin^M shoy^f» msxun%*d O ti^nc^fiS 19 on monum^nf K T“!; Is 7. Cm -:o‘ Vl^ fECO y 2t x‘A 0 > '•0 00oeAmmrA is m *“X^0*9 cmnere/e Aas0 mt NRt C0nt0r‘ mTpummh00f0 <#/ G^, B.y j^, TAertmt Cfr»4bt./lfi^p / Hi^00^ An0wn mNthf^ eUvo/ho h fMff M ^ Wshr 0l09rsh’0n mn A0^ Sft97^ wm ft%5^ f00/, M^yO -/PZ9, I hardly eartify that in aecordanca with tha provialona of Chaptar 508| Hinnaaota^Statutaa of 1949 aa anandad, I hara •urvajad th* folloviM-daacribad tract of land In tha County of Hennapin and tha Sta^a of Minnesota 1 to wit: Tract C» Raglatared Land Survay Mo. 1422, files of the Registrar of Titles County of Hennepin, the boundaries of which have been narked by judicial land- narka set pursuant to Torrens Casa Ko. 16986, and that the survay shown hereon is a correct delineation of said survey, dated this ATni day of f 1976. OBOHO, KINHGSOTA This Registered Land Survay ^nl8 approved and accepted^ tha City Cp^cQ of tha C Minnesota, at a regular meeting thereof held this ^ ^ day of ______, IF OW)NX), MIN 3rdon R. CoffinGordon Kirn. Registratlor Mo. 6064 land Surveyor and Planner Long lake, Minnesota City of Orooo, 1976. Ctf^Ak. UfS€ cm COUNCIL OF TKi Cir/ CF 01 MINNESOTA Mayor Adninlstrator HKAFCS DrnSION, Hennepin County, MinnesoU I hereby certilV that there are no dellnnuent taxes for all yeare prior to this __ day of . 1976. Vernon T. Hoppe, Director by ^ for land described on this plat. Dated Tax Clerk HENKEPIK COUNTY SURVEYOR Pursuant to Chaoter 810, Minnesota Lave of 1969, this Registered Land Survey has been approved this ____ day of 1976. Py Alvar R. FrceMin, Hennepin County Surveyor was filed in this office this RSCISTRAR OF TITLES, Herjiopin County, Minnesota I hereby certify that the within Registered Land Survey Ko. _______ 1976, at ___ o’clock . and that the two copies wore compared with the original and wore found to be true and correct day of copies thereof. Vayna A. Johnson, Registrar of Titles, by Deputy C. r UJ D s? Ij L*J I / o (Ti -j cc \ \ x> ( ‘tu/sU NAVARRE COVE HOMEOWNERS ASSOCIATION rl . L. C*. lJ/10tA< M22 Z/'?'?? 1-1 mx- Jl9i~L Note; License is subject to association Its overmaintaining exclusive rig the entire 400' of lakesh^re at Kelly Cove and Navarre Cove. ORAMACK ANO UH.ITY CAUMCNfS SH9«N TNUS • I \ CAI<^A/J‘S • BAV ■ (•MO SOO rCCT IM WlOfH AtiO AOiOlRiNQ lOT IIMCS UMVtSS orMtRwiSC SHO«R IHC RlAf. #Xrro/«>« «/* Ji, /V»# r»*f iff ATArff'/f/T. • OCNOTCS IPON UONUUCf BEARINGS Vmn ARE ASSUU V* #A w i**# mi 40^0^ mi ^*0^0-\mm$0 m» Smr • ffl II f0*i. iff 0cut*^»0*f fm Mm mi fmim O^^^m^******' m/ Cm^tm r SCALE IN FEET KM !3 GORDON R. COFFIN LAND SURVEYORS 8 ENGINEERS LONG LAKE . MINNESOTA |-1 . u . MO W.1.1 OO • ¥*■ / Vf IMAINACC AND UTILITY CASCMCNTS SHOWN THUS • 1.L, 1 1 5 J -1 _ _ -I u 9 0 bJ 71 ir \ ^ -J L'J ° DENOTES IRON MONUMENT GEARINGS SHOWN ARE ASSUMED BCING 500 FECT IN WIDTH AND ADJOINING LOT LINES UNLESS OTHERWISE SHOWN ON THE PLAT. O cSi%§Uid X #/f €Mn€ft» itfl# uf •VH iorotr o/ 9S Cu\ Say f 4(tra/.^9% Tfi $f /r#/, */f /9lJ t¥o^Ar /I ?/o A[SfO^ f u<jCor\/t^Aa Am r4€0* f ORIGINAL DOCUMRNT IG OP POOR OUALITV /“J? A'* ^ ^ Ll • i K ri '.V^V'; h- 'f'PAffvjni r:>‘S0 vj^>t;o>; c»; .1*^ ■V“’i•' V- ;1 f.;.v /:.'H ! I'jUy AwnuD Itolding Co. JjOS Kcllv A\*cnuc Pape 2 PLVC.’ING CnrfllSSICN HITIM; - October 3, 1977 thin Lindsay ai’d Joiin Ahl presented proposal for conditional use pemit for two additional duplex units. Planning Conriission rmindeJ dcwlopcr that duplex credit IS lir.itod to ?00 ft. distance fron comerciallv zoned district. Don Lindsav coorinned compliance. Mr. Lindsay also requested dock rights for all three du]>lexes (one existing anil 2 new loiits) for a total of six resi<Wntial units. Mr. Lindsav thought this i>as previously addressed by Council. The Council minutes of Julv 26, 1976 (copv enclosed) do not reflect this however. The Corrussion infoimed Mr. Lindsay of Orono’s riparian rights policy whidi is currently related to lot width rcquirxments. The developer was instructed to suhnit some additioriil data before we could address tiie dock rights issue. Tlie length of slwrel.'ne on the subject parcel laxild be t!»e determining factor on this riparian rights issue. Mayor Van .Nest informed tJie developer that the L'm was considering limiting riparian rights to a shoreline distance of ino ft. In any dcvclofincnt, ea. i 100 ft. of shoreline M>uld constitute one riparian right. natming Cnrmission recemended anproval of duplex conititional use perrat for tvp now iniildings with the understanding that dock apnroval is not includoil, but rust he addressed after nor'' data is sii>mitted. OTOM. •'i:iTi;.'n - October 11, 1977 >p'mne.l conditional use iwrnits for rKH .md duplex cnxlit for rwr> new duplex I'liil.lings (I iniits total) within 20'' feet of the comercial zone. !»irix*tcd staff to review the park dedication fee anil collect the correct a•^nnlt due before is.suing ''uildine pi'mits. k'lll review tlie ioint dock cnlv urn^n se*»arate ix'.iuest in lieht of the r'oraloriun. ‘mM !‘ - «Vto*>er 11, 1977 ■■•'vie*.x* ^ park tee staius. '‘I'rket Valtie of la:ul fhefc're division ' lots, t acre »lensify - V’!. fee >■ fl '.S'V' ,mK*. 1 lots X ?!"'• •^ax. * ej’tno as colleete' ! '** ’’.inet Value of 1 inI nct ' ' i.-i!Ts ’ acre-. ’ 1 ’* fee - . ’e.^ e.nnls <M'" *'er ’.uil li :-: T -V '-r •- v-> e- -1 . / V'-. •• i' V- . ■ ' r-y J r TO: FROM: DATE: Planning Commission and Council Henry F. Muhich, Zoning Administrator February 2, 1978 ‘ ! •• • fi _ _ _ ) ;; '/'• ’Y SUBJECT: ^Kelly^Ayenue Holding Company - Joint Use Dock Application Application for multiple dock licenc?p fn-r lovft c_ . ^ , Exhibit B (sketch) - notes indicate 400‘ shoreline. fppear‘to ionS^he1So'%rre??ne^ «quiremenris^l40°”**’From^rt^^ and shorelinepemitte™ ‘ standpoint only 2 docks would be. bH sLrelinffLtfgrfactor sLu^d'^^f of permitted slips wfuld vary’accfrdLgJy? ® PLANNING COMMISSION - Febiniary 27, 1978 Mr. Lindsay, representing the developer, was present. The Zoning Administrator explained the proposal as submitted He do^C Shoreline site ^lan indicating“e individual 400 ft if provide mooring of 12 boats on only tM, nn. f The shoreline and lot width requirement in this one acre zoning district is 140 ft. The total length ^f shirelines ;s tiizi SC' “ “• “• .. ,.„iC ssf31? ss%;rr;..,s:,iss “ • not stipulate the distance between the aocKs or specific location of the 3 docks. COUNCIL - March 16, 1978 Conceptually approved 6 slips per Planning Commission recommendations. COUNCIL - March 30, 1978 Approved resolution authorizing dock permit & license. /- RESOLUTION NO. 892 A RESOLUTION APPROVING A JOINT USE DOCK PERMIT AND LICENSE FOR KELLY AVENUE HOLDING COMPANY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning and lakeshore regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Planning Commission and City Council have considered the application of Kelly Avenue Holding Company for Joint Use Dock construction and use of six (6) slips on their property known as 2505 • Kelly Avenue; Tract A, RLS 1428; and WHEREAS, Tract A, RLS 1428 is occupied by 3 duplex structures containing 6 residential units as authorized by Conditional Use Permits issued October 11, 1977; and WHEREAS, Tract A, RLS 1428 contains approximately 400 lineal feet ••f Lake Minnetonka shoreline; and WHEREAS, the Orono Zoning Code Section 34.440 authorizes private docks subject to the requirement of the Orono Municipal Code Chapter 74, Joint Use of Lake Facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves a Joint Use Dock Permit and 1978 license for Kelly Avenue Holding Company subject to the following conditions: 1. Maximum of 6 boats to be moored at this property. 2. Maximum of 3 dock structures, each structure a maximum size of 5' 6" X 25' 0", as shown and located on Exhibit A attached. 3. Installation and use of more than one dock structure on this property will be subject to a Joint Use Dock License which must be renewed annually and which renewal may be subject to revised conditions according to then current dock regulations. 4. Issuance of this permit and license is subject to the approval of all other agencies having jurisdiction, including the Lake Minnetonka Conservation Discrict and the MN Dept, of Natural. Resources. 5. Issuance of this permit and license does not vest any permanent rights for multiple dock or moorage on this property. r 6. Kelly Avenue Holding Company shall review and approve of this Resolution, which approval shall be indicated by the endorsement of an authorized representative hereon, and shall cause an original copy of this Resolution to be filed as a permanent covenant in the chain of title of the property, such .filing to occur within 30 days of the approval of the Resolution by the City Council. AGREED: KeLiy Avenue Holding Company / Dated this day of • March , 19 78 . ATTEST: enson, Clerk/Administrator i; '> ‘ J- V.■t;-. %TO: FROM: a\TE: Plaxmlng C Jeunno A. Mabuath. Aaat. Zonitts AdaiaiattAto^^m Decexnbar 21, I97S SUBJ2CT; v448 Jaitas K, Lindfiay, 2505, Kelly Avaaua < w SKETCH PIAy REVIEW Mr. Lindsay proposes dividing Lot 1 of tho Kelly Av<mue into three one-acre lots. Plsaso review nppllcaticxi reason for platting. Lots meet the reqxxired area for Zonlxig^Dliijtrtti^f:S5i •reason tot ptauutli^e IA^UO AUCW* i-mw %»*^«**« ‘ V Ve (LR-13). Each lot appears to havo the miniroaa lAO* lakoihorA'.iflatar^-^ but lot dimensions are not complete and will be reviewed be£<W'n«^,v^;;^M presencation. The secbacks for exiQtlng buildixxgs oa l^tM are satisfactory but the duplex on Lot 3 will require. rear yard setback. ■ '•-.■• ■ Access road - Tlie existing driveway will appear as a private-road.; ■ ■ . . . . . . .. ^ ^ ^ _ j o • .• • ..:•*!C:;>^ reasement serving Lots 1 and 2. • j- .. i Wetland - The wetland at tlie northwest comer of parcel has not’baaa designated on plan. We will require a conservation and, • ; fiowage easement over the wetland. v 's ';->*. V. Riparian rights - Tne applicant requests a joint dock for each lot (cne dock serving two dwelling units). If Plsnnlng CotTinlssion approves, then a variance to the Flood Plain - Wetlands Management Ordinance must be given (similar to one Issued for the Farm at Long Lake and Victoria Graon). Lot 1 is involved; Lot 2 appears to have 15'-20* of available lakeshore but the setback request of 10' will take most of It, and Lot 3 would not be involved. ^ Staff recommends a private outlet over the existing dock area. This alternative will lessen the impact on wetland and dismiss the need for a variance. Rear vard setback variance - Ordinance 34.450 Required: Proposed: Variance: 30' 6* 24' - SOI St"** “ •> : :^v.: C, • •.,•••- • j . ■■ :'/v' • ■'• . »:. ..•‘.I-. .* i» *w ■u:'- W ! ;;•: Deccober 21, 197S J2X3C8 K. Lindsay 2505 Kelly Avenue Subdivision Pago 2 PLAKi'TING COMMISSION MEETING - JANUARY Planning Comciission gave conceptual approval ^ ^ . Avenue Duplexes Subdivision. Ta& foIlowixkgVitsuai wxth applicant: 1. 2. 3. 4. Need for an accurate determination of vatlands Issue of mutual dock vs three individual out with staff. Duplex on Lot 3 to be recognized as a lcgal~iuaiy60infcni>lna;'’jM0a.'. applicant to be aware of significance. Question of Lot 3 duplex being located morn, titan--200Yvftoran^osBMr^aV^^^^ district to be resolved. STAFF RECOMMENDATION - M\RCH 26, 1979 • i • •.■.> ’ \ , -i . •;•.,••■-'•■;.• ■• • -n-* ;. ' i* V- ■ * .•■•.’ . . *. A ■ *. . • ' • .. . Staff recoinr.ends preliminary approval of the three lot Kally Avenue Duplex Company's plat subject to the following conditions* 1. 2. 3. Developers enter into a Conservation and Flowage Easement with the City. Joint dock to remain serving all three lots because of wetlands along lakeshore. Duplex on Lot 3 will require a front yard setback variance of 29* s PUBLIC INFORMATION MEETING - APRIL 9, 1979 Planning Commission recommended preliminary plat approval as proposed subject to the following conditions: 1. 2. 3. 4. 5. Docks to remain as a licensed joint use dock, 1 slip per unit, total 6, wich Outlet A platted to provide the common access. This avoids consciruction of docks across the wetlands. Platting of drainage casement over wetlands on proposed Lots 1 & 2 with flowage and conservation easement to the City. Duplex on Lot 3 to coi'~'*nue as a recognized legal non-conforr'lng use because it is located beyond 200' from the commercial are.a. /.Iso recognized is oxi.'^tlng substandard front yard setback of 4' ( a variance of 31 fr.''. Access to r.ots I 2 to rem-iitt as constructed with a private easenent provided to l.ot I over !.ot 2. Platting .iml tietUeUion ol dri in »»•.<' -mil \itlHtv easements .aloti.* .»i'i lot lines except llie .•-.borel ine, • • c; * > t r. . l''»V » ** c •. Dcceabi Jaaes Kl'Linda'ay 2505 Kelly Avenue Subdivision t; Pa^e 3 Sl’AF? NOTE - APRIL 19 Staff would add the condition that and only • :'• * f • '. :. ■ ■ * * •** »•* ... ^ V • ... ‘ *s yt *. * V: REQUEST FOR COUNCIL ACTION DATE: ITEM NO.: Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning The Planning Commission has held several work sessions during the last year to revise the zoning regulations regarding home occupations. An explanation of the proposed amendment follows this memo. The amendment revises the definition of a home occupation, eliminates the city's licensing process, and establishes limits for the number of employees, building modifications, sales, hours of operation, and outside storage. The amendment also includes a list of businesses or activities that are not considered compatible occupations in residential districts. PLANNING COMMISSION RECOMMENDATION: To send this amendment to the City Council for discussion in a work session. COUNCIL ACTION REQUESTED: To discuss scheduling a work session to review the proposed amendment. " '.A r City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 MEMORANDUM DATE: TO: FROM: June 11, 1998 Chair Smith and Orono Planning Commissioners Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: Home Occupation Draft Ordinance The Planning Commission has had several work session and public hearings regarding revision of the current licensing and zoning regulations for home occupations. The proposed ordinance is summarized as: A. Definition The amendment simplifies the definition of a home occupation and deletes all regulations from the definition and organizes them in the accessory > c section of the Zoning Code. B. Purpose The amendment includes a "purpose statement" which explains the intent of the amendment and the concept that the home occupation is subservient to the residential use of the dwelling unit. C. Employees The amendment expands the number of persons that can be i .e'’ with the home occupation from only household members to one additional person who does not reside in the residence. The amendment clarifies that domestic employees and day care is exempt from this section. D. Building Modifications The amendment states that a property owner cannot make changes to the structure that make it look like a commercial use or so significantly change it that it would difficult to reuse the building for residential purposes. r E. Enclosed Buildings The amendment makes a distinction between the use of accessory structures depending on the zoning district in which the home is located. More urbanized, smaller lots are prohibited from using the garage or other accessory structure for the home occupation. More rural, larger lots are allowed to use their outbuildings for home occupations. This would allow a person to teach riding lessons is a bam or teach tennis on a tennis court. It would also allow a plumber to store pipes in an outbuilding or an artist to have a studio building. F. Outside Storage The amendment prohibits materials from being stored outside. This will help contain home occupations so that they don't appear to be commercial uses by using the yards and open space for storage. G. Parking A home occupation cannot consume the parking needed for the dwelling unit. If a property owner decides to provide a designated area other than a driveway to a garage for parking, that area must be screened from view from adjacent property. H. Equipment/Machines The amendment prohibits equipment that is not typically found in a home iiom being located in or on the property. Fax or copy machines, a computer would be examples of equipment that would be typical. Home exercise equipment would also be typical. Machines and equipment that are noisy (audible from the property lines) or dangerous would not be considered typical and would be prohibited. I.Retail sales The amendment prohibits the retail sales of merchandise that is not accessory to a service. Shampoo could be sold with a haircut. Sheet music could be sold with a music lesson. Photo albums could be sold with a class on image preservation. Home occupations that operate like stores with customers coming and going to buy products would be prohibited. J. Visibility The home occupation should not be distinguishable from the road. A motorist driving down the road should not be able to discern that a home occupation is in a residence, other than by a sign Uiat is allowed in the residential district and regulated elsewhere in the Zoning Code. r K. Hours of Operation The amendment includes hours of operation which are not included in the current ordinance. A home occupation could be open to the public as early as 8 a.m. and no later than 8 p.m. L. TrafHc The amendment provides a framework to how city staff will measure whether a home occupation is creating excessive traffic. Because Orono neighborhoods are so diverse with smaller lots in Navarre, lakeshore lots, and rural homesteads, the ordinance directs staff to consider the characteristics of the area in determining if there is a problem. M. Deliveries and Shipment The amendment indicates that deliveries should not occur at night and should in trucks and vehicles that are small and compatible with residential areas. N. Prohibited Occupations The amendment recognizes that there are a variety of uses that are not appropriate in a residence. This includes the sale, lease, trade or transfer of firearms. Please refer to the City Attorney's memo. O. Reasonable Accommodation The amendment recognizes that some of these regulations may be difficult for handicapped persons to comply with in the strictest sense. The person could ask for an administrative waiver from the regulations. Staff does not expect to ever have to use this section but it does provide some flexibility if there is some regulation that prohibits someone from working at home because of their disability. P. Enforcement The amendment provides a process for investigating complaints. The City Attorney has concerns that this process might not be followed and created difficulties for the City. Please refer to his memo. Q. Licensing The amendment also includes deletion of the current licensing process. There are very few people that have licenses. This process appears to extend a privilege to property owners that many believe that have an inherent right to enjoy without government regulation. The current process requires $50 for the first license and $30 for each year thereafter. This process takes time away J r from the Building personnel and has limited value. By adopting an ordinance that is more clear as to what is and is not allowed, violations can be handled as any other Zoning Code violation. The city then does not need to get into revoking licenses for people to work in their home which could become rather complicated. STAFF RECOiMMENDATION To discuss the proposed ordinance, specifically the handling of firearms dealers and establishing an enforcement process in a public hearing. To amend or adopt the enclosed ordinance and send it the City Council for consideration. l^S^ULKTTOS + (JCeNSlN^ ORDINANCE NO., SECOND SERIES AN ORDINANCE TO AMEND THE MUNICIPAL ZONING CODE BY DELETING THE HOME OCCUPATION LICENSING REQUIREMENTS The City Council of Orono ordains as follows: Section 1. That Section 5.40, "Home Occupations" be deleted to read as follows: SEC. 5.4 0. HOME OCCUPATIONS: Subth-I: -License Required. It is unlawful for any pcfson- to -cngagc in, or CQiTji^-on, a home occupation, as that tctm- ts defined in the Z-onmg-Ghaptcr’of the City Codc/without first having obtained-a liccnse-thercfor from the City.- Subd. 2. Regulation. Liccnscs-wHl only be- issued if the specific use is pennitted or otherwise allowed by the Zoning Chapter, and if-all-conditions set forth in said-Ghaptcf arc fully eompltcd with: Subd. 3. License Period. All licenses for home occupations shall expire on September 30 of each year. Application for renewal of an c?08ting4 iomc occupation Hcense-shall be made to the City Clerk at least si.xt)' (6 0) days prior to-the expiration date? Section 2. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this _____, 199 _by a vote of____ayes and_____nays. day of ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor r ORDINANCE NO. an ordinance to amend the muncipal zoning code by amending the DEFINITION AND REGULATIONS RE: HOME OCCUPATIONS THE CITY COUNCIL OF ORONO DO ORDAIN AS FOLLOWS: Section 1. That Section 10.02, Definitions, 30. "Home Occupations" be amended by deleting the current definition and adding a new definition to read as follows: 30. "Home Occupation" - ^Anv eainful occupation meeting all of the following requirements when engapd in only by persons i residing in their dwelling, when that occupation is conducted wthin the pnncipal structure only, « when evidence of the occupation is not visible Horn the street. No signs other than those permitted " in the "R" Districts are present, no excessive stock in trade is stored on the premises, over the \ counter retail sales are not involved, and entrance to the home occupation is gained from within t e structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession when such general ^actice Nvill involve the need for more than three off-street parking spaces for the occupant and visitors. ^ occupation which is customarily associated with the use of ^ a dwelling. Section 2. That Section 10.20, Subd. 4, Accessory Uses, C. be amended to read as follows: ^Any gainful occupation meeting all of the following requirements when engaged in only by persons residing in their dwelling, when that occupation is conducted \%ithin the principal structure only, when evidence of the occupation is not visible from the street. No signs other than those permitted in the "R" Districts are present, no excessive stock in trade is stored on the premises, over e / counter retail sales are not involved, and entrance to the home occupation is gained from within the ^ structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession when such general S practice will involve the need for more than three off-street parking spaces for the occupant and rH . .Visitors. Q L Home Occupation Draft Ordinance June 15 Public Hearing @ PC Page--1 occu A. Home Occupations shall be allowed as an accessory use to a dwelling unit, su ’-’ -.t to the following conditions: C. Home Occupations. 1 Purpose. Home occupation regulations are established to ensure that home occupations will not adversely affect the character and livability of the surrounding neighborhood. The home occupation shall function as an accessory and subordinate use to the principal use of the dwelling unit. 2 Home Occupation Regulations. The regulations recognize that many types of home pations can be conducted with minimal or no effect on the surrounding neighborhood. The home occupation shall be an activity which is customarily associated with the use of a residential dwelling unit. All residents of the dwelling, but not more than one (1) nonresident shall be permitted to work on the premises in connection with the home occupation. 1. ) Domestic employees shall not be considered employees of the home occupation. 2. ) A nonresident employee may include an employee, business partner, independent contractor, or any other person associated with the home occupation who does not reside in the dwelling unit and who is regularly at the home occupation. Exterior alterations or modifications that change the residential character or appearance of the dwelling unit or accessory structure to a commercial use or activity shall be prohibited. B. C. D. Interior alterations or modifications that eliminate the kitchen, habitable areas for sleeping, and bathrooms shall be prohibited. E. The home occupation shall be conducted within the enclosed area of the dv. it 'ing unit, with the exception of lessons or instruction for outdoor activities sucl- a-, equestrian training and riding, tennis and other court sports and swimming. F. In the RR-1A and RR-1B, One Family Rural Residential Districts, home occupations Home Occupation Draft Ordinance June 15 Public Hearing @ PC Page-2 r G. H. I. J. K. L. M. may use accessory structures subject to the following conditions: 1.) The nature of the home occupation and its impact on noise, light, air, odor, vibration, and traffic shall be compatible with the neighborhood. 2.) The home occupation shall conform v^th all other applicable zoning requirements. Outdoor storage or display of materials, goods, supplies or equipment related to the conduct of the home occupation shall be prohibited. The required off-street parking area required for the principal use shall not be reduced or made unusable by the home occupation. Off-street parking areas for the home occupation shall be visually screened from adjacent residential zoning lots. No equipment, machinery, or materials other than of a type normally found in or compatible with a dwelling unit shall be allowed. No retail sales and delivery of products or merchandise to the public shall occur on the premises except where accessory to the services provided. No home occupation activity shall be discemable from any private or public street, except for signage in compliance with this ordinance. 1 he hours of operation that a home occupation may be accessible to the public shall be limited to the hours between 8 a.m. and 8 p.m. The home occupation shall not generate excessive traffic that is detrimental to the residential character of the surrounding properties or the neighborhood. For the purposes of this provision, more than five (5) customers or clients per day may be determined to be an excessive and detrimental level of traffic. The number shall apply to each dwelling unit, regardless of the number of home occupations conducted in the dwelling unit. The criteria used by the Zoning Administrator to determine impact shall include, but not be limited to: 1.) The characteristics of the neighborhood, including current land use, lot sizes, lot widths, parking availability, and screening. 2*) Type of street, width, and traffic volumes. 3.) The availability and location of off-street parking and the extent to Home Occupation Draft Ordinance June 15 Fubllc Hearing @ PC Page-3 j which the home occupation contributes to on-street parking congestion. N.Shipment and delivery of products, merchandise, or supplies shall be limited to daylight hours and shall regularly occur only in single rear axle straight trucks or smaller vehicles typically used to serve residential areas. O.No sound or noise created by the operation of the home occupation shall be audible at the property lines. P.Hai^dous materials in excess of consumer commodities which are packaged for consumption by individual households for personal care or household use shall be prohibited. Q.Any activity or event organized &»• the purpose of displaying or selling merchandise shall not be held more than four (4) times per month. 3. Prohibited Occupations in Residential Dwellings. The following uses, by their nature of operation, have a pronounced tendency to increase beyond the limits permitted for home occupations. These uses have objectionable operational characteristics that adversely impact residential neighborhoods and shall be prohibited as home occupations: A. Service, repair, or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles, and snowmobiles. B. Hair st> ling establishments that serve more than 1 (one) person at a time. *** C. The sale, lease, trade or other transfer of firearms or ammunition by a firearms Need to discuss dealers. D. Adult uses, as defined in the Zoning Code. E. Dispatch centers where persons come to a site and are dispatched to other locations. F.Medical or dental clinic. G.Rental businesses. H. Contracting, excavating, welding or machine shops, Home Occupation Ordinance PC June 15, J993 page-4 I. J. K. L. Kennels and veterinary clinics. Churches and religious institutions. Tow truck services. Ceramic studios with kilns of six cubic feet or more. 4.Reasonable Accommodation for Disabled Persons. Persons with physical disabilities may request reasonable accommodation by requesting a waiver of one or more of the foregoing requirements. The Zoning Administrator may only grant waivers on the basis of the applicant's physical limitations to function within said requirements. Planning Commission recommended that the following section be made a resolution rather than an amendment to the zoning ordinance, for the purpose ofproviding policy direction to staff for home occupation enforcement: 5.Enforcement. Any aggrieved person concerned that a violation or violations of this chapter have occurred or are occuring may notify the Zoning Administrator in writing of such alleged violation(s). Within (30) thirty calendar days after receipt by the Zoning Adminstrator of the written allegations, the Zoning Administrator shall complete an investigation of the alleged allegations to determine the merits of the complaint. Within 10 (ten) business days ^er the completion of the investigation, the Zoning Adminstrator shall notify the following persons; City A.) If no violation as alleged or otherwise has occurred, a notification of that decision shall be mailed to the complaintant. ■ Attorney is concerned about this section, see his memo B.) If a violation is occuring, then notification of that decision and a time for compliance shall be sent to the violator and the complaintant. The notification shall state what action, if any, will be taken if compliance is not timely effected. C.) Any person aggrieved by a decision of the Zoning Adminstrator may appeal the decision to the Planning Commission and City Council. Home Occupation Ordinance PC-June 15. 199S pages r FROM HINi'H.VA4CULBERTt‘ON 1T:;E) 5. 12‘9S 11:27 .-I. li:26 N’O. S7oOOS6757 F 2 IVIEMORANDUM TO:Liz VonZomeren FROM:Thomas Barrett DATE:May 12, 1998 RE:Home Occupation Ordinance 1. Liz, I have already forwarded to you the Minnesota Statute which allows municipalities, including Orono, to regulate the sale of fire arms in their communities. If the City determines to exclude these home occupations, it may need to amortiic existing home occupations involving the sale of fire arms by setting a date certain within which no further home licenses for this occupation will be granted, or by denying licenses to new applicants, allowing the current licensees to continue to operate until they fail to renew. 2. With respect to procedures involved in handling home occupation complaints, I do not recommend that the City adopt formal procedures for piocessiug complaints. The City ’s size does not require such formality, and the problem is one which needs to be handled within existing City staff resources. Creating formal procedures would rob the City of the flexibility to treat complaints in a way consistent with its own judgment about priorities. As well, it is abundantly clear that the City staff may rot enter a private home to .search for evidence of a violation of the home occupation ordirumce without a warrant issued by a Judge of tlic district court. Please let me know if you have further questions. 082^2158616 5/12/98 FROM HUE) 1.20’93 !4:2I/ET. I4:20/K0. S700000911 ? 2 MEMORANDUM TO: FROM: DATE: City of Orono; Liz Van Zomeren Thomas Barr^tf^^^^ January 20, RE: Regulation, by tuning, of the location of businesses where firearms are sold by a fireanm dealer. The Minnesota Legislature, 1985 removed from municipalities the power to regulate fircanus except for their discharge. Minn Siai. 471.633. (attached.) By Minn. Stat. 471.635, the Legislature in 1993 provided that cities may "regulate by reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of businesses where ftrearms are sold by a firearms dealer. For the purposes of this section, a firearms dealer is a person who is federally licensed to sell firearms and a governmental subdivision is an entity described in sections 471.633 and 471.634. Accordingly, 1 conclude that the City of Orono may address by zoning ordinance the location of businessefi where firearms are sold by a firearms dealer. Such 2Lcning requirements would need to meet the statutory requirements, and would likely need to "grandfather" to existing dealers. Given the language of 471.633,1 do not believe that the City eould prohibit the sale of ammunition x>er sc. but could zone the location of business where firearms dealers sell ammunition. l/50/9g HOME OCCUPATION LICENSING LIST Expiration Date Business Name Principal Owner Address 9/30/99 Allstar Electric Ben Meinhardt 3585 6th Avenue North 9/30/99 Ginger Scott Ginger Scott 2620 Kelly Avenue 9/30/99 Kezar, Inc.Mitch Kezar 3050 6lh Avenue North mom Norum & Pearson, P.A,Russell Norum 3264 North Shore Drive 9/30/99 L. A. Pilgram, D.C.LeRoy A. Pilgram, D.C.1795 Shady wood Road mom Small Parts Manufacturing, Inc.Charles Anderson 129 • Loma Linda Avenue 9/30/99 Wcldron Law Offices, Ltd.John Brooks Waldron 1951 Concordia Street 9/30/98 Events Extraordinaiie Jan GiPquist 993 Wildhurst Trail 9/30/08 John Hallson John Mall.son 120 Golden View Drive 9/30/97 D. J. Mac Sales Dale J. McCurdy 4041 North Shore Drive 9/30/97 Morning Staar Surgical, Inc.Thomas W. Clapp 475 Femdale Road North 9/30/97 Ross R. Repke Ross Repke 3380 Watertown P^oad mom Mail Order Flags Julie LaVcrc 995 Wildhurst Trail 1^ Si REQUEST FOR COUNCIL ACTION DATE: June 19, 1998 ITEM NO: /5^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Descrip'^'n: Robert and Julie Hanning Request Related to Future Subdivision at 4220 Sixth Avenue North Background When the County Road 6 project was being planned, the Hannings had expicssed concern that the right-of-way needed by the County would reduce the area of their property below the amount needed to be able to create a second lot in the future. The Council had indicated that if the right-of-way acquisition would reduce the lot area below the required amount, the Council would consider entering into an agreement to maintain the ability to create a second lot. In clarifying the current status of the property, staff has determined the property includes 10+ acres of dry buildable land, both before and after the County Road 6 right-of-way acquisition. However, because of the location of the current home and the desire of the Hannings to retain an open meadow area, their plan for the future lot to the east includes a somewhat gerrymandered lot line to maintain the 5 acre lot area. The County right-of-way acquisition creates a further problem for the Hannings in that, even though the total dry buildable area of the property continues to exceed 10 acres, creating a second lot with the full 5 acres would require the lot line to run closer to the existing structures on the homestead site and would require a significant portion of the new lot to be behind the existing structures on the homestead site. This could create concerns regarding privacy, and creates the potential for conflict between the owners of the two lots in relation to the boundary lines and use of the rear portions of both properties. Hannings' Request To minimize the negative impacts of a gerrymandered second lot on the homestead parcel, the Hannings are requesting that the amount of land required for the second lot be reduced by the amount of the County Road 6 right-of-way acquisition. Impact on Right-of-Way Acquisition Process The County's acquisition of the right-of-way from the Hannings is being accomplished through a condemnation process, with efforts being made to reach a negotiated agreement on the amount of compensation for the right-of-way acquired. The County has offered the Hannings an amount biised Request for Council Action continued Page 2 June 19, 1998 Robert and Julie Hanning Request Related to Future Subdivision at 4220 Sixth Avenue North on the number of square feet of land acquired. It is staffs understanding that this is acceptable to tlie Hannings if they can be assured they are able to subdivide the property to create an acceptable second lot at some time in the future. The Hannings believe that this caruiot occur unless the City allows the area of the second lot to be reduced by the amount of the County’s right-of-way acquisition. If the City will not allow the reduced lot area, the Hannings will take the position that their compensation for the right-of-way taking needs to be more than the payment for the 23,000 square feet of land acquired. Rather, it should reflect the taking of a buildable lot, or substantial damages to the homestead lot. Impact of the Right-of-Way Acquisition on the Value of the Hannings' Property Because the right-of-way acquisition is not reducing the total dry buildable area to less than 10 acres, it would be difficult to make the case that the right-of-way acquisition is taking a buildable lot. The Hannings may be able to make the case that the right-of-way taking would cause a subdivision to have a greater negative impact on the existing house. It is not clear what type of value would be placed on this negative impact, since a subdivision prior to the right-of-way acquisition would also have had a negative impact on the existing house. Council Direction At its May 26 meeting, the Council directed staff to determine the exact amount of right-of-way being acquired and to work on a possible subdivision scheme. There also appeared to be some support on the Council to reduce the lot area requirement for the second lot by the amount of the right-of-way acquisition. Impact of Right-of-Way Acquisition on Potential Subdivision Staff has developed a number of options for subdividing the property, both pre-right-of-way acquisition and post-right-of-way acquisition. These are attached. Settlement Agreement There are instances where the City has entered into a settlement agreement with property owners when the City has acquired right-of-w ay that has reduced the amount of remaining property to less than the amount required for a buildable lot. The Hannings' situation is different from two perspectives. 1. The City is not reducing the amount of property to less than the amount required for two lots. 2.The City is not the party acquiring the property and is not the party involved in the condemnation process. The City has an interest in this process because the property is in Orono, and because tlie City will pay 50% of the right-of-way acquisition costs. Request for Council Action continued Page 3 Robert Julie Hanning Request Related to Future Subdivision at 4220 Sixth Avenue Nor^ Legal Issues The City Attorney has expressed concern regarding the City entering into a contractual agreement to approve a lot area variance without the public process normally involved in the Citys consideration of a variance application. The City Ahomey has also indicated that because the City is not a direct party to the right-ofjway ^quisitlon process or the condemnation process, it may not be possible for the City to area variance through a settlement agreement. The Attorney is researching this issue and will provide an opinion at the Council meeting. Process The normal process for considering a request to create a lot with less than the required lot area would be a variance process through the Planning Commission. For a number not want to subdivide the property at this time. The Hannings are requesting *e City prov.d^ through some means, assurance that if the property is subdivided at some point in tiie future the new lot could be 23,000 s.f. less than 5 acres. They need to have this assurance at this tinte bacause ‘ affects the position they take regarding the level of compensation they should receive .or the nght- of-way acquisition. Policy The City's policy regarding land subdivision is that the City does not grant variances to lot area for new lots. In the HaLigs case, it is possible to create a lot that meets the lot area requirement, but the lot configuration necessary to do this is not acceptable to the Hannings. Options 1. 2. 3. The City may be able to enter into a settlement agreement with the Hannings proyidmg tha the second lot could be created with an area 23,000 s.f. less than 5 acres, subject o agreement on the leyel of compensation to be received for the right-of-way acquisiUon. The Council could indicate general support for a lot area variance. The Council could take no action and allow the level of compensation to the Hannings for the right-of-way acquisition to be set through the condemnation process. COUNCIL ACTION REQUESTED: Motion in response to the Hannings' request for an agreement to allow a second lot to be created ™th an area of 23,000 s.f. less than 5 acres. HA.VNXWS.3 V -' « ■« » ^ • '• • aMMMMM >*•?% [1!^ J COFFINAGftO i.jrr' : OSk '^i/l^ A *. J ! ^ t (_ ' /. *^/ *• ‘ _^1 * !• ^ ^ ^ «BH« 1Mi«M*«tt LfJO ” 2l&,SS0tf. iM%M«l« COPFWAORO r^loo' '^r*= N 4 (Sp f Jry r:v*r» » V’^OO • 7f^ v.r ' c.oi p,2r-TAicyMG “ ;. i COFFIN « one .Uv«M * w»a «■«•••• *«ft T^ar-TA^/MCs • • •« COFFIN A ORO *••« iMvrw^' Wm MMtMvmt, 1^ i 1 )m\9^m%^• •. #%/ ....... •, f .* COmNAOKO 'i ■ I VtOy' -i'T » z-.’i-.r Z'l • .♦ #»-.• . . •. -,#.•••• *.• .• 'rrrrwj's^-rr' comNAono « ♦ IMMitMIMk i i Po tA^M C. • .. •%/4 . • t • f •■•/ f COI^AORO JIJ N J- 9 199fREQUEST FOR COUNCIL ACTION DATE: ITEM NO: / Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Revised Resolution Regarding the Release of the Tax Forfeited Parcel at 1960 Snoreline Drive for Private Sale to Adjacent Owners At the May 27, 1998 Council meeting, Dan Crear, who owns the property directly to the north of the tax forfeited property at 1960 Shoreline Drive, indicated that the past petroleum contamination on the tax forfeited parcel creates problems related to combining the parcel with his adjacent residential parcel. He, therefore, requested that the parcel be allowed to remain a separate parcel subject to a covenant being placed on the parcel prohibiting it from being used as a buildable lot. Mr. Crear also requested that the outstanding special assessment in the amount of $5,497 related to a past land use application be waived. The Council directed that the conditions of the sale of the tax forfeited parcel to adjacent property owners be changed to waive the outstanding special assessments on the property, and to allow the tax forfeited parcel to remain a separate parcel with a separate property identification numbir, subject to a covenant being placed on the parcc ■ prohibiting the parcel from being a buildable lot. A resolution reflecting these changes is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attac..ed amended resolution regarding the release of the tax forfeited parcel at 1960 Shoreline Drive for private sale to adjacent owners. r TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation o’^ganized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non-payment of real estate taxes, and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes. In addition the Council has reviewed said lands and pursuant to Minnesota Statutes 85.021, 92,461, Subd. 8, 282.018, Subd. 1 or 282.018, Subd. 2; and WHEREAS, there are outstanding assessments on the property in amount of $10,494.21; and WHEREAS, the City has been successful in eliminating the commercial use of the property, and it is important that commercial uses continue to be prohibited from the property, particularly marina related uses; and WHEREAS, the past petroleum contamination on the parcel creates problems related to combining the parcel with an adjacent residential parcel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of the parcel of land as non conservation land, and furthermore, approves the public sale of said parcel of land as listed below to adjacent property owners. BE IT FURTHER RESOLVED, that the parcel shall remain subject to all applicable zoning ordinance provisions, shall not be a buildable lot, and may remain a separate parcel with a separate property identification number subject to a covenant being placed on the parcel prohibiting the parcel from being a buildable lot and prohibiting the parcel from being used for any use other than a residential use. BE rr FURTHER RESOLVED, that all outstanding special assessments on the parcel shall be waived. PARCEL RELEASED FOR SALE TO ADJACENT OWNERS ONLY District PIP 10-117-23 42 0022 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of June, 1998. Galriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk COUNCIL JUN 19 REQUEST FOR COUNCIL ACTION CrTY CF ORONO DATE: June 16, 1998 ITEM NO: / 7 Department Approval: Name RonMoorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Local Performance Aid fcertification In 1996, the State legislature created the Local Performance Aid program, which takes a portion of Local Government Aid and distributes it to cities based on the city developing and using performance measures for the delivery of city services. Orono has participated in the LPA program for the past two years. The City receives approximately $10,000 per year through this program. To continue to receive the LPA allocation in 1999, cities need to have developed a set of performance measures for key city services. To meet this requirement, staff has developed a number of performance measures for various services in the Public Works Department and the Police Department. These two areas were selected because they involve substantial expenditures, ^d because they include services for which a number of types of performance measurement information are currently available or can be readily developed. The proposed performance measures are attached. To be eligible for the 1999 LPA, the attached LPA Certification needs to be approved for signature by the Mayor and a Council Member. The certification form includes three certifications. These are as follows: 1. The Local Performance Aid will result in a reduction in property taxes at least equal to the amount of the Local Performance Aid received. 2. The Local Performance Aid will be spent on the program or programs for which the city has developed a system of performance measures, and that these measures will allow for the measurement of continuous improvement and will be-regularly compiled and presented to the City Council at least once a year. 3. A list of the program or programs that will be funded by Local Performance Aid, or that the Performance Aid will be used to establish performance measures. COUNCIL ACTION REQUESTED: Motion to authorize the Mayor and one Council Member to sign the Certification of Local Performance Measures for Local Performance Aid payable in 1999. LPA PERFORMANCE MEASURES Service 1; Road maintenance/repair. Output: Pothole patching Sealcoating Overlays Workload: • Miles of roads maintained • Number of tons of bituminous material installed as patches • Miles of roads sealcoated • Miles of roads overlaid Service 2: Snow and Ice Control Output:t \ Snow plowing Sanding .1 Workload: • Miles of roads plowed and sanded • Number of full call-out events Service 3: Police Service Output: Response to calls for service Workload: • Number of incidents (ICRs) • Number of police officer contacts Form LPA - Cl Certification of Local Performance Measures for Local Performance Aid Payable in 1999___________Coirolete and return to: Minnesota Dcpartirent of Revenue. Property Tax Division . Mail Station 334S. St Paul, Minnesota 55146-3345 Phono: (612)296.5141Name and mailing address of governmenlal unit Name of peison filling out form CITY OF ORONO _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _RONALD J. MOORSE_ _ _ _ _;- - - - - - - - - - - - - - Telephone P.O. BOX 66 (612) 473-7357 CRYSTAL BAY, MN 55323 County of location HENNEPIN 1. Does your city affirm that local performance A d will result in a reduction in property taxes at least equal to the amount of local performance aid received? 2. Does your city affirm that the local performance aid will be spent on the program or programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once a year? 3. If the answer to questions 1 & 2 is yes, what program or programs will be funded by local performance aid. or what program or programs will the local performance aid be used to establish performance measurement system(s) for? YES NO YES NO POLICE SERVICES ROAD MAINTENANCE/REPAIR SNOW AND ICE CONTROL This form must be returned to the Minneseta Department of Revenue, Property Tax Division, by June 30,1998 in Older for your city to be eligible to receive Local Performance Aid payable in 1999. Noic: City certifications must be signed by the Mayor and by the Chair of the City Council. Signature of Mayor S jnature of Chair of City Council*Dato If the mayor is the chair of the council, another council member must sign. COUNCIL MEETING JUN I9 1998 REQUEST FOR COUNCIL ACTION C* ORQN'O DATE: June 19,1998 ITEM NO: / ^ Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator #7 Report Item Description: Scheduling of Work Session The Orono Highway 12 Design Review Committee members would like to meet with the City Council to provide an update regarding the status of the Highway 12 preliminary design process, and to discuss how best the City can ensure the preliniinary design process is expedited while adequately addressing questions and concerns of the City and of affected property owners. The committee members have suggested June 29,30 or July 1 as possible meeting dates. COUNCIL ACTION REQUESTED: Motion to select a date and time for a meeting between the City Council and the Orono Highway 12 Design Review Committee members. i 4 ^ JUN 1 9 1998request for council action DATE: June II 19 Jun 1998 Fri 11:39 AM Check Kuinber Check Number 56542 Check Register City of Orono Page 1 Date Name 56542 A-1 RENTAL 19-Jun-98 A-1 RENTAL Totals Check Number 56542 A-1 RENTAL Check Number 56543 56543 ADCO 19-Jun-98 ADCO Totals Check Number 56543 ADCO Check Number 56544 56544 AIRTOUCH CELLULAR 18-Jun-98 Totals Check Number AIRTOUCH CELLULAR 56544 AIRTOUCH CELLULAR Check Number 56545 56545 AMERICAN PLANNING ASSOC. 18-Jun-98 Totals Check Number AMERICAN PLANNING ASSOC. 56545 AMERICAN PLANNING ASSOC, Check Number 56546 56546 56546 ASPLUNDH COFFEE •;.8-Jun-98 11-Jun-98 Totals Check Number ASPLUNDH COFFEE ASPLUNDH COFFEE SS545 ASPLUNDH COFFEE Check Number 56547 56547 AT a T WIRELESS - MN EQUIP 19-Jun-98 Totals Check Number AT 6 T WIRELESS - MN EQUIP 56547 AT k T*WIRELESS - MN EQUIP Check Number 56548 56548 ATaT - KC 19-Jun-98 AT&T - KC Totals Check Number 56548 ATaT - KC Check Number 56549 56549 AUGIES MOBILE CHEF 18-Jun-98 AUGIES MOBILE CHEF Totals Check Number 56549 AUGIES MOBILE CHEF Check Number 56550 BCA/TRAINING a DEVELOPMENT 18-Jun-98 BCA/TRAINING a DEVELOPMENT Transaction Amount 53.44 53.44 Comments C- O L T'i L IL f\/1 r. i i IN G cnf RD 15 1 9 1998 CITY CF ORONO 40.00 40.00 DOWN PAY-DIR ADVERTISING 481.61 481.61 MAY CELLULAR 50.00 50.00 ZONING NEWS SUBSCRIP 127.00 4.00 131.00 COFFEE CREAM 73.49 73.49 PHONE - WECKMAN 6.33 6.33 LONG DIST FEES 75.60 75.60 HOT DOGS, CHEESBURGERS 19 Jun 1998 Fri 11:39 AM Check Number Check Number 56550 56550 Check Register City of Orono Page 2 Date Name 56550 BCA/TRAINING & DEVELOPMENT 1B-Jun-9B BCA/TRAINING & DEVELOPMENT 18-Jun-98 BCA/TRAINING k DEVELOPMENT Transaction Amount 40.00 40.00 Totals Check Number 56550 BCA/TRAINING k DEVELOPMENT Check Number 56551 BEACK, SCOTT 56551 18-Jun-90 BEACK, SCOTT Totals Check Number 56551 B^ACK, SCOTT Check Number 56552 BIFFS INC. 120.00 56552 56552 56552 56552 18-Jun-98 18-Jun-98 18-Jun-98 18-Jun-98 BIFFS INC. BIFFS INC. BIFFS INC. BIFFS INC. Totals Check Number 56552 BIFFS INC. Check Number 56553 BLACKOWIAK k SON Check Number 56554 56554 56554 BOYER FORD k TRUCK 18-Jun-98 18-Jun-98 BOYER FORD k TRUCK BOYER FORD k TRUCK Totals Check Number 56554 BOYER FORD & TRUCK Check Number 56555 BUDGET PRINTING 56555 19-Jun-98 BUDGET PRINTING Totals Check Number 56555 BUDGET PRINTING Check Number 56556 CARGILL SALT 56556 18-Jun-98 CARGILL SALT Totals Check Number 56556 CARGILL SALT Qieck Number 56557 CITY OF LONG LAKE 56557 18-Jun-98 CITY OF LONG LAKE Totals Check Number 56557 CITY OF LONG LAKE 240.00 240.00 72.26 242.59 242.59 193.55 750.99 231.88 76.41 308.29 Comments DEMBOUSKI - MANAGEMENT CORNICK-MANAGEMENT GOLF BALLS PORTABLE-GOLF COURSE PORTABLE-KACKBBRRY PORTABLE-SUMMIT BEACH PORTAB LE-BIDDERWOOD 56553 18-Jun-98 BLACKOWIAK k SON 157.80 MAY WASTE DISPOSAL S6553 18-Jun-98 BLACKOWIAK k SON 72.33 MAY WASTE DISPOSAL 56553 18-Jun-98 BLACKOWIAK k SON 160.85 MAY WASTE DISPOSAL Totals Check Number 56553 BLACKOWIAK k SON 390.98 TRUCK 8425 TRUCK #425 ' (1 19 Jun 1998 Fri 11:39 AM Check Number Check Number 56567 Check Register City of Orono Page 4 Date Name 56567 ESS BROTHERS & SONS 18>Jun-98 ESS BROTHERS & SONS Totals Check Number 56567 ESS BROTHERS & SONS Check Number 56568 G M CLARK CONTRACTORS 56568 19-Jun-98 G M CLARK CONTRACTORS Totals Check Number 56568 G M CLARK CONTRACTORS Check Number 56565 GARY'S DIESEL SERVICE INC. 56569 18-Jun-98 GARY'S DIESEL SERVICE INC. Totals Check Number 56569 GARY'S DIESEL SERVICE INC. Check Number 56570 GATEWAY SAFETY PRODUCTS 56570 18-Jun-98 GATEWAY SAFETY PRODUCTS Totals Check Number 56570 GATEWAY SAFETY PRODUCTS Check Number 56571 GEAR WEST SKI & BIKE 56571 18-JUn-98 GEAR WEST SKI k BIKE Totals Check Number 56571 GEAR west SKI & bike Check Number 56573 GENUINE PARTS CO. 19-Jun-98 19-Jun-l 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 19-Jun-98 GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. GENUINE PARTS CO. 56573 GENUINE PARTS CO.Totals Check Number . Check Number 56574 GOLF CAR MIDWEST 56574 18-Jun-98 GOLF CAR MIDWEST Transaction Amount 1,500.00 1,500.00 386.96 Comments RINGS, COVER GRAPPLE HOOK HUB CAP FLARES HELMET FUEL LINE FUEL PUMP PAINT RADAR MOUNTING GENERATOR PARTS GENERATOR PARTS SPARK PLUG SCHOCK, BULB SCREW SEAL HOSE SOCKET V-BELT INJ LUBE AIR FILTER MISC STEERING CON SEAL, OIL SEAL 1,414.26 GOLF CAR LEA.se 19 Jufi 1998 Fri 11:39 AM Oieck Number Check Number 56583 Date Name Check Register City of Orono 56583 INTERSTATE BATTERIES 18-Jun-98 INTERSTATE BATTERIES Totals Check Number 56583 INTERSTATE BATTERIES Check Number 56584 INTERSTATE DETROIT DIESEL Transaction Amount 75.56 75.56 Page 6 Comments EMERGENCY GENERATOR 56584 18-Jun-98 Totals Check Number INTERSTATE DETROIT DIESEL 56584 INTERSTATE DETROIT DIESEL Check Number 56585 55585 J a R RADIATOR CORP. 18-Jun-98 Totals Check Number J & R RADIATOR CORP 56585 J fit R RADIATOR CORP Check Number 56586 KD & COMPANY 265.00 265.00 754.49 754.49 EMERGENCY GENERATOR CORE AND GASKET #425 56586 56586 18-Jun-98 09-Jun-98 Totals Check Number KD & COMPANY KD & COMPANY 56586 KD fit COMPANY Check Number 56587 56587 LAND CARE EQUIPMENT 19-Jun-98 Totals Check Number LAND CARE EQUIPMENT 56587 LAND CARE EQUIPMENT Check Number 56588 56588 LITIN PAPER COMPANY 18-Jun-98 Totals Check Number LITIN PAPER COMPANY 56588 LITIN PAPER COMPANY Check Number 56589 MEDICA CHOICE 6.00 6.00 12.00 23.87 23.87 114.62 114.62 DISPOSAL FROM MAIN BREAK CONCRETE DISPOSAL BELT SOLO CUPS 56589 56589 19-Jun-98 19‘Jun-98 Totals Check Number MEDICA CHOICE MEDICA CHOICE 56589 MEDICA CHOICE Check Number 56590 MEDTOX LABORATORIES 202.25 10,182.50 10,384.75 MEDICAL INS MEDICAL INS 56590 56590 56590 19-Jun-98 19-Jun-98 19-Jun-98 Totals Check Number MEDTOX LABORATORIES MEDTOX LABORATORIES MEDTOX LABORATORIES 56590 MEDTOX LABORATORIES Check Number 18.00 18.00 18.00 54.00 COLLECTION FEE COLLECTION FEE COLLECTION FEE 56591 MINN COMM 56591 19-Jun-98 MINN COMM 42.76 REPAIR 19 Jun 1998 Fri 11:39 AM Check Register City of Orono Check Number Date Name Check Number 56591 MINN COMM Totals Check Number 56591 MINN COMM Check Number 56592 MINNEAPOLIS OXYGEN COMPANY 56592 56592 18-Jun-98 18-Jun-98 MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY Totals Check Number 56592 MINNEAPOLIS OXYGEN COMPANY Check Number 56593 MN CITY/COUNTY MGMT ASSOC. 56593 19-Jun-98 MN CITY/CODNTY MGMT ASSOC, Totals Check Number 56593 MN CITY/COUNTY MOm ASSOC, Check Number 56594 MN DEPT OP HEALTH 56594 19-Mar-98 MN DEPT OF HEALTH Totals Qieck Number 56594 MN DEPT OF HEALTH Check Number 56595 MN DEPT OP REVENUE 56595 56595 19-Jun-98 19-Jun-90 MN DEPT OF REVENUE MN DEPT OF REVENUE Totals Check Number 56595 MN DEPT OF REVENUE Check Number 56596 MN DEPT OP TRANSPORTATION 56596 19-Jun-98 MN DEPT OP TRANSPORTATION Totals Check Number 56596 MN DEPT OF TRANSPORTATION Check Number 56597 MOBILE RADIO ENGINEERING INC. 56597 18-Jun-98 MOBILE RADIO ENGINEERING INC, Totals Check Number 56597 MOBILE RADIO ENGINEERING INC. Check Number 56598 MPLS COMMUNITY COLLEGE 56598 18-Jun-98 MPLS COMMUNITY COLLEGE Totals Check Number 56598 MPLS COMMUNITY COLLEGE Check Number 56599 MTI DIST CO. 56599 19-Jun-98 KTI DIST CO. Totals Check Number 56599 MTI DIST CO, Check Number 56601 NAVARRE HARDWARE Transaction Amount 42.76 13.84 13.50 27.34 74.68 74.68 1*182.00 1*182.00 984.00 403.44 1,387.44 30.00 30.00 293.46 293.46 555.00 555.00 1,562.36 1,562.36 Page 7 Comments MEDICAL OXYGEN OXYGEN DUBS - MOORSB WATER TEST PEE SALES TAX SALES TAX SIGN PERMIT HWY 12 INSTALL RADIO 8422 FIREARMS INS,USE OF FORCE FERTILIZER r 19 Jun 1998 Fri 11:39 AM Check Number Date Name Check NunUjer 56601 NAVARRE HARDWARE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun>98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE 56601 18-Jun-98 NAVARRE Totals Check Number 56601 NAVARRE HARDWARE Check Number 56602 OFFICE DEPOT 56602 56602 56602 56602 18-Jun-98 18-Jun-98 18-Jun-98 18-Jun-98 OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT Check Register City of Orono HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE Totals Check Number 56602 OFFICE DEPOT Check Number 56603 OLD DUTCH FOODS INC. 56603 18-Jun-98 OLD DUTCH FOODS INC, Totals Check Number 56603 OLD DUTCH FOODS INC, Check Number 56604 OTTEN BROTHERS 56604 56604 56604 18-Jun-98 18- Jun-98 19- Jun-98 OTTEN BROTHERS OTTEN BROTHERS OTTEN BROTHERS Totals Check Number 56604 OTTEN BROTHERS Check Number 56605 56605 OWL ENGINEERING, INC 19-Jun-98 OWL ENGINEERING, INC Transaction \ Page 8 Amount Comments 5.95 MISC CHARGE 3.04 SCREEN #439 0.75 SCREWS 9.78 GENERATORS 8.51 LOCKSET 3.20 RECHARGABLE LIGHT 28.94 BUILDING SUPPLIES 17.03 FLASHLIGHT 9.02 SHOWER LINER 134.82 FLASHLIGHTS (STORM) 19.14 8" BENT SCISSORS 23.19 SHOP SUPPLIES 9.89 SHOP SUPPLI'^S 25.53 FLASHLIGHTS 3.71 SUPER GLUE, SOCKET 4.77 WEATHER STRIPPING 24.48 ANCHORS, CLEANING SUPPL! 23.41 CHAIN B'BALL NET 31.84 CLEANING SUPPLIES,BULBS 6.90 CLIPBOARD, GARBAGE CAN 4.77 CLEANERS 4.97 VELCRO, SUPER GLUE 2.93 PVC PIPE 406.57 0.03 BALANCE DOB 137.88 POCKET FILES, TAPE^ 2.55 ERASER-DRY ERASE 59.21 MISC OFFICE SUPPLIES 199.67 13.09 CHIPS 13.09 19.17 ANNUALS 38.34 ANNUALS 50.59 SOD, DIRT 108.10 050.00 ATTENIA STUDY A r 19 Jun 1998 Fri 11:39 AM Check Register City oZ Orono Check Number Date Name Check Number 56605 56605 OWL ENGINEERING, INC 19-Jun-98 OWL ENGINEERING, INC Totals Check Number 56605 OWL ENGINEERING, INC Check Number 56606 PALMER, BARBARA J 56606 19-Jun-9S PALMER, BARBARA J Totals Check Number 56606 PALMER, BARBARA J Check Number 56607 PBRA LIFE INSURANCE 56607 18-Jun-98 PERA LIFE INSURANCE Totals Check Number 56607 PERA LIFE INSURANCE Check Number 56608 PIONEER 56608 18-Jun-98 PIONEER 56608 18-Jun-98 PIONEER 56608 18-Jun-98 PIONEER 56608 18-Jun-98 PIONEER 56608 18-Jun-98 PIONEER 56608 18-Jun-98 PIONEER 56608 19-Jun-98 PIONEER 56608 19-Jun-98 PIONEER Totals Check Number 56608 PIONEER Check Number 56609 PIRTEK 56609 18-Jun-98 PIRTEK Totals Check Number 56609 PIRTEK Check Number 56610 POWERCLEAN COMPANY INC. 56610 18-Jun-98 POWERCLEAN COMPANY Totals Check Number 56610 POWERCLEAN COMPANY Check Number 56611 REED VOIDING 56611 18-Jun-98 REED VENDING Totals Check Number 56611 REED VENDING Check Number 56612 RITZ CAMERA 56612 19-Jun-98 RITZ CAMERA Totals Check Number 56612 RITZ CAMERA Transaction Amount 1.025.00 2.075.00 44.59 44.59 120.00 120.00 50.33 30.56 39.55 345.24 50.33 39.55 207.01 201.96 964.53 412.25 412.25 1,693.35 1,693.35 85.70 85.70 73.77 73.77 Page 9 Comments ATTENIA STUDY REIMBUSEMENT FOR SEEDS PERA LIFE APPLICATION APPLICATION ZONING CODE AMENDT PROP ASSESSMENT HEARING AD FOR BIDS NOTICE OF MEETING TNT *98 BUDGET TNT *97 BUDGET HYDR HOSES FOR GRAPPLE MAY JANITORIAL SERVICE CANDY & ROLLS PHOTO PROCESSING r 19 Jun 199S Fri 11:39 AM Check Register City of Orono Check Number Date Name Check Number 56613 56613 ROLF ERICKSON ENTERPRISES 18-Jun-96 ROLF ERICKSON ENTERPRISES Totals Check Number 56613 ROLF ERICKSON ENTERPRISES Check Number 56614 ROM INC. 56614 18-Jun-98 ROM INC Totals Check Number 56614 ROM INC. Check Number 56615 SAFE ASSURE 56615 19-Jun-98 SAFE ASSURE Totals Check Number 56615 SAFE ASSURE Check Number 56616 SCHARBER k SONS 56616 19-Jun-98 SCHARBER k SONS Totals Check Number 56616 SCHARBER k SONS Check Number 56617 SCORECARD GRAPHICS, INC 56617 18-Jun-98 SCORECARD GRAPHICS, INC Totals Check Number 56617 SCORECARD GRAPHICS, INC Check Number 56618 SNYDER DRUG STORES 56618 56618 18-Jun-98 18-Jun-98 SNYDER DRUG STORES SNYDER DRUG STORES Totals Check Number 56618 SNYDER DRUG STORES Qieck Ni’-^ber 56619 ST. JOSEPH'S EQUIPMENT INC. 56619 19-Jun-98 ST. JOSEPH'S BQUIPMDIT INC. Totals Check Number 56619 ST. JOSEPH'S EQUIPMENT INC Check Number 56620 STA-SAFE LOCKSMITH 56620 18-Jun-98 STA-SAFE LOCKSMITH Totals Check Number 56620 STA-SAFE LOCKSMITH Check Number 56621 STEWART LUMBER 56621 18-Jun-98 STEWART LUMBER Totals Check Number 56621 STEWART LUMBER Transaction Amount 6,768.65 6,768.65 365.00 365.00 3*325.50 3*325.50 114.65 114.65 1*293.00 1*293.00 2.11 9.21 11.32 43.40 43.40 50.00 50.00 1*206.41 1*206.41 Page 10 Comments JULY ASSESSING FEE LINE CLEAN OUT SAFETY CONSULTANTS TRACTOR PARTS SCORECARDS MARKER Kleenix VALVE COUNCIL DOOR WOOD FOR CANOPY r 19 Jun 1998 Fri 11:39 AM Check Register City of Orono Check Number Date Name Check Number 56622 56622 56622 STRETCHERS 19-Jun-98 STREICHERS 19-Jun-98 STREICHERS Totals Check Number 56622 STREICHERS Check Number 56623 TOLL GAS & WELDING SUPPLY 56623 56623 18-Jun-98 18-Jun-98 TOLL GAS a WELDING SUPPLY TOLL GAS a WELDING SUPPLY Totals Check Number 56623 TOLL GAS a WELDING SUPPLY Check Number 56624 TRACY TRIPP FUELS 56624 56624 56624 18-Jun-98 X8-Jun-98 18-Jun-98 TRACY TRIPP FUELS TRACY TRIPP FUELS TRACY TRIPP FUELS Totals Check Number 56624 TRACY TRIPP FUELS Check Number 56625 TRI STATE POMP 56625 18-Jun-98 TRI STATE POMP Totals Check Number 56625 TRI STATE PUMP Check Number 56626 UNIFORMS UNLIMITED 56626 56626 56626 56626 56626 56626 18-Jun-98 18-Jun-98 18-Jun-98 18-Jun-98 18-Jun-98 18-Jun-98 UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED Totals Check Number 56626 UNIFORMS UNLIMITED Check Number 56627 UNUM LIFE INSURANCE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE 56627 19-Jun-98 UNUM LIFE Totals Check Number 56627 UNUM LIFE Check Number 56628 US FILTER 56628 18-Jun-98 US FILTER INSURAN<S INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE Transaction Amount 70.13 13.35 83.48 126.72 106.99 233.71 1.974.21 1,359.14 451.30 3,784.65 44.09 44.09 14.87 114.06 204.62 104.10 628.35 27.85 1,093.85 86.75 Page 11 Comments MISC ITEMS INSIGNIAS WELDING SUPPLIES irrLDINO 2100 GALLONS-UNLEADED 1379 GALLONS-UNLEADED UNLEADED CLUTCH, SERVICE TAB MISC EQUIPMENT SHIRTS, TROUSERS, CLUTCH TROUSERS EMROIDERED EMBLEMS SHIRT 0.70 LIFE UINS PREM 12.34 LIFE UINS PREM 5.29 LIFE UINS PREM 365.05 LIFE UINS PREM 0.15 ADaD PREMIUM 2.64 ADao PREMIUM 1.13 ADaD PREMIUM 78.25 ADaD PREMIUM 465.55 PLUGS a GASKETS \ 19 Jun 1998 Fri 11:39 AM Check Number Check Register City of Crono Date Name Check Number 56628 US FILTER Totals Check Number 56628 US FILTER Check Number 56629 56629 VILLAGE CHEVROLET 18>Jun-98 Totals Check Number VILLAGE CHEVROLET 56629 VILLAGE CHEVROI^T Check Number 56630 56630 N.tl. GRAINGER INC. 18-Jun-98 Totals Check Number H.N. OlAINGER INC. 56630 W.N. GRAINGER INC. Check Number 56631 56631 WARNING LITES OF MN 19-Jun-98 Totals Check Number WARNING LITES OF MN 56631 WARNING LITES OP MN Check Number 56632 56632 WESTONKA GLASS SERVICE 16-Jun-98 Totals Check Number WESTONKA GLASS SERVICE 56632 WESTONKA GLASS SERVICE Check Number 56633 56633 WESTSIDE WHOLESALE TIRE 18-Jun-98 Totals Check Number WESTSIDE WHOLESALE TIRE 56633 WESTSIDE WHOLESALE TIRE Check Number 56634 56634 WIDMER INC 18-Jun-96 Totals Check Number WIDMER INC 56634 WIDMER INC Check Number 56635 56635 WILLIAMS LAWN SERVICE 18-Jun-98 Totals Check Number WILLIAMS LAWN SERVICE 56635 WILLIAMS LAWN SERVICE Check Number 56636 56636 YOCUM OIL CO INC. 18-Jun-98 Totals Check Number YOCUM OIL CO INC, 56636 YOCUM OIL CO INC. Transaction Amount 86.75 126.26 126.26 48.50 48.50 105.44 105.44 804.00 804.00 1.300.00 i,:oo.oo 1,324.00 1,324.00 Page 12 Cooments TURN SIGNAL SWITCH WELDING SUPPLIES BARRICADES 21.15 GLASS a SASH 21.15 36.00 TIRE REPAIR 36.00 SHRLINE&DUNWOODY BREAK MAY PARK MAINT DIESEL Grand Total 118,261.83 16 Jun 1998 Tue 11:52 AM Check Number Check Number 56492 Check Register City of Orono Name 56492 CITY COUNTY CREDIT UNION 17-Jun-98 CITY COUNTY CREDIT UNION Totals*Check Number 56492 CITY COUNTY CREDIT UNION 56493 FIRST NATIONAL BANK OF LAKES 17-Jun-98 17-Jun-98 17-Jun-98 Totals Check Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 56493 FIRST NATIONAL BANK OF LAKES 56494 GREAT WEST LIFE ASSURANCE CO. 17-Jun-98 GREAT WEST LIFE ASSURANCE CO. 56494 GREAT WEST LIFE ASSURANCE CO 56495 HENNEPIN CO. SUPPORT & COLL 17-Jun-98 HENNEPIN CO. SUPPORT & COLL 56495 HENNEPIN CO. SUPPORT & COLL 56496 HENNEPIN COUNTY SUPPORT & COLL HENNEPIN COUNTY SUPPORT fit COLL 56496 HENNEPIN COUNTY SUPPORT fit COLL 56497 ICMA RETIREMENT TRUST - 457 ICMA RETIREMENT TRUST - 457 56497 ICMA RETIREMENT TRUST - 457 56498 LAW ENFORCMENT LABOR SERVICE LAW ENFORCMENT LABOR SERVICE 56498 LAW ENFORCMENT LABOR SERVICE MN DEPT OF REVENUE 56499 MN DEPT OF REVENUE 16 Jun 1998 Tue 11:56 AM Check Number Employee Name Check Number 044521 044521 BOBZIEN, SUE A. Totals Check Number 044521 Check Number 044522 044522 BORIS, SCOTT W. Totals Check Number 044522 Check Number 044523 044523 CARLSON, MICHAEL B. Totals Check Number 044523 Check Number 044524* 044524 CHESWICK, GARY B. Totals Check Number 044524 Check Number 044525 044525 CORNICE, JAMES L. Totals Check Number 044525 Check Number 044526 044526 DEMBOUSKI, JAY C. Totals Check Number 044526 Check Number 044527 044527 ERICKSON, KURT R Totals Check Number 044527 Check Number 044528 044528 FARNIOK, CORREY L. Totals Check Number 044528 Check Number 044529 044529 FISCHENICH, DAN T. Totals Check Number 044529 Check Number 044530 Check Register City of Orono Check Date 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 l7-Jun-98 Page 2 Check Amount 644.28 644.28 1,105.65 1,105.65 425.61 425.61 1,532.67 1,532.67 1,400.88 1,400.88 1,468.03 1,468.03 1,250.82 1,250.82 1,114.44 1,114.44 1,246.52 1,246.52 r IS Jun 1990 Tue 11:56 AM Check Register City of Orono Check Number Employee Name Check Number 044530 044530 FISCHER, CHRISTOPHER K, Totals Check Number 044530 Check Number 044531 044531 HANSING, CAROL J. Totals Check Number 044531 Check Number 044532 • 044532 JOHNSON, BRADLEY P. Totals Check Number 044532 Check Number 044533 044533 KNOLLENBERG, KRISTIN L. Totals Check Number 044533 Check Number 044534 044534 MQIALLY, STEVEN A. Totals Check Number 044534 Check Number 044535 044535 MCNICHOLS, DAVID L. Totals Check Number 044535 Check Number 044536 044536 MOROWCZYNSKI, JAMES Totals Check Number 044536 Check Number 044537 044530 SCHOENHOFP, JOHN B. Totals Check Number 044530 Check Number 044539 Check Date 17-Jun-90 17-Jun-90 17-Jun-90 17-Jun-90 17-Jun-90 17-Jun-90 17-Jun-90 17-Jun-98 Page 3 Check Amount 554.41 554.41 332.61 332.61 1,421.19 1,421.19 663.49 663.49 1,011.70 1,011.70 044.59 044.59 1,500.29 1,500.29 1 VOID/replaced w/ck#445'^2 1,210.39 1,210.39 16 Jun 1998 Tue 11:56 AM Check Register City of Orono Check Number Employee Name Check Number 044539 044539 TOMCHECK, LAWRENCE F. Totals Check Number 044539 Check Number 044540 044540 TOMC2YK, FtARK W. Totals Check Number 044540 Check Number 044541 044541 POLBY, PATRICK B. Totals Check Number 044541 Check Number 044542 044542 JOHNSON, JEFFREY D. Totals Check Number 044542 Check Number 044543 044543 WITTKE, ANTHONY A. Totals Check Number 044543 Check Number 044544 044544 GAFFRON, MICHAEL P. Totals Check Number 044544 Check Number 044545 044545 GAPPA, GREGORY A. Totals Check Number 044545 Check Number 044546 044546 OMAN, LYLE E. Totals Check Number 044546 Check Number 044547 044547 VAN ZOMEREN, ELIZABETH Totals Check Number 044547 Check Number 044548 Check Date 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-9t 17-Jun-98 Page 4 Check Amount 396.81 396.81 1,235.37 1,235.37 16.96 16.96 570.24 570.24 217.09 217.09 1,116.97 1,116.97 1,513.87 1,513.87 1,057.15 1,057.15 1,162.53 1,162.53 k t 16 Jun 1998 Tue 11:56 AM Check Register City of Orono Check Number Employee Name Check Number 044548 044548 VANG, BRUCE L Totals Check Number 044548 Check Number 044549 044549 HECKMAN, STEPHEN J. Totals Check Number 044549 Check Number 044550 044550 WEINBERGER, PAUL B. Totals Check Number 044550 Check Number 044551 044551 BRINKHAUS, JOHN F. Totals Check Number 044551 Check Number 044553 044553 DEBAERE, DONALD L. Totals Check Number 044553 Check Number 044554 044554 GREGORY, JAMES D. Totals Check Number 044554 Check Number 044555 044555 HANSEN, STEVEN C. Totals Check Number 044555 Check Number 044557 44557 OBERAIGNER, SCOTT G. Totals Check Number 044557 Check Number 044558 044558 OBRIEN, RANDY L. Totals Check Number 044558 Check Number 044559 Check Date 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 Page 5 Check Amount 976.33 976.33 40.56 40.56 827.34 827.34 1,055.63 1,055.63 963.83 963.83 875.66 875.66 708.06 708.06 686.62 686.62 195.17 195.17 16 Jun 1998 Tue 11:56 AM Check Register City of Orono Check Number Employee N2une Check Number 044559 044559 PALMER* GREGORY A. Totals Ch" ric Number 044559 Check Number 044560 044560 RATHBUN, BARRY J. Totals Check Number 044560 Check Number 044561 044561 SKREEN* DALE S. Totals Check Number 044561 Check Number 044562 044562 ALLEN* MICHAEL J. Totals Check Number 044562 Check Number 044563 044563 BLAIR* JANIS A. Totals Check Number 044563 Check Number 044564 044564 DELANEY* JANE Totals Check Number 044564 Check Number 044565 044565 DCXTKEN* THOMAS W. Totals Check Number 044565 Check Number 044566 044566 MCINTYRE* WILLIAM E. Totals Check Number 044566 Check Number 044567 044567 OAS* DANIEL O. Totals Check Number 044567 Check Number 044568 Check Date 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 17-Jun-98 Page 6 Check Amount 647.38 647.38 862.53 862.53 625.85 625.85 121.83 121.83 176.07 176.07 79.90 79.90 515.17 515.17 289.99 289.99 166.32 166.32 t f# T*rrr vr^»rT* ^ ) 1 16 Jun 1998 Check Register Tue 11:56 AM City of Orono Check Check CheckNumber Employee Name Date Amount Check Number 044568 044568 PETERSON, JACK 17-Jun-98 545.79 Totals Check Number 044568 545.79 Page 7 Check Number 044569 044569 ROSS, JOHN A. Totals Check Number 044569 Check Number 044570 044570 STEFPENHAGBN, RONALD E. Totals Check Number 044570 Check Number 044571 044571 YEAGER, DONALD C. Totals Check Number 044571 17-Jun-98 17-Jun-9B 17-Jun-98 Grand Total Void ck#44537 replaced ck#44572 Grand TOTAL 45,447.35 -2,227.81 567.36 43,786.90 INFORMATION ! ' J 1 i j ITEMS COUNCIL MEETING COUNCIL MEEHNO JUN 1 9 1998 cmroFORONo OF ' vs-,** 'J REPORT NBR. BPRMTISS-1 DATE OF RUN 06/01/98 PERMITS ISSUED/FEES COLLECTED♦♦♦** PERMIT ISSUED REPORT CITY OF ORONO YEAR-TO-DATEt« * * *PAGE: PERMIT TYPE Building SGL FAMILY-NEW SF-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL CC^IMERCIAL-NBW COM-ADD/RBMODEL COM-ACC STRUCTUR DEMO INST-ADD/REMODEL DEMO-ACCESSORY QTY 14 133 13 8 1 3 4 0 1 3 -- CURRENT RANGE - 01/01/98 - 05/31/98 BASE FEE 32,241.50 36,415.00 4.804.50 430.00 6,365.25 359.50 1.427.50 0.00 0.00 90.00 VALUATION 5,480,976.00 3,415,200.84 547,980.00 0.00 1,492,000.00 22.075.00 109,000.00 0.00 19.480.00 0.00 ACC/GARAGBS 8 1,758.00 124,332.00 Sub-total 188*83,891.25*11,211,043.84* Mechanical HEATING SYSTEMS 36 5,988.38 473,015.00 AIR CONDITIONING 7 486.82 38,145.52 WOOD STOVB/PLUE 1 35.00 2,000.00 FIREPLACE 37 1,577.06 91,265.00 VENTILATION 3 105.00 5,150.00 GAS LINE INSPECT 4 140.00 4,659.00 DUCT WORK ONLY 10 363.75 15,833.00 REMOVE OIL TANK 3 105.00 1,750.00 Sub-total 101*8,801.01*631,817.52* Plumbing FIXTURES 75 6,240.71 439,829.00 SPRINKLER 0 0.00 0.00 WATER METER 4 932.00 0.00 VACUUM BREAKER 1 35.00 150.00 Sub-total 80*7,207.71*439,979.00* Sewer fc Water SEWER CONNECTION 16 560.00 0.00 NEW SEPTIC SYSTE 14 1,350.00 0.00 DRNFLD &/OR TANK 1 50.00 0.00 SAC ONLY 13 11,250.00 0.00 SEPTIC CONNECTIN 1 50.00 0.00 SEWER REPAIR 1 35.00 750.00 SEWER & WATER 0 0.00 0.00 UNDEFINED 0 0,.00 0.00 Sub-total 46*13,295.00*750.00* Sign PER./FREE STANDG 0 0.00 0.00 TEMPORARY 1 35.00 0.00 Sub-total 1*35.00*0.00* Fire FIRE SPRINKLER 0 0.00 0.00 PLAN REVIEW 20,956 17,287 3,055 0 4,137 15 105 0 0 0 1,123 46,681 .94 .72 .33 .00 .41 .44 .46 .00 .00 .00 .19 .49* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00* 00 00 00 00 00* 00 00 00 00 00 00 00 00 00* 00 00 00* QTY 8 99 7 3 1 4 0 2 0 3 0 127* 48 2 0 26 3 9 4 4 96* 80 2 7 0 89* 0 8 2 2 0 0 2 1 15* 2 2 4* REQUESTER: CAROLEr>nr*tfT/-\TTC* _ _ _ _ _ _ _ _ _ _----- 01/01/97 - 05/31/97 BASE FEE VALUATION PLAN REVIEW .6,870.50 2,776,145.46 10,965.81 10,709.25 2,993,316.50 14,675.07 1,269.50 82,250.00 811.52 180.00 0.00 0.00 887.25 100,000.00 576.71 1,355.25 150,796.00 170.30 0.00 0.00 0.00 100.00 0.00 0.00 0.00 0.00 0.00 120.00 0.00 0.00 0.00 0.00 0.00 ;i,491.75*6,102,507.96* 27,199.41* 4,099.33 315,419.88 0.00 187.50 15,000.00 0.00 0.00 0.00 0.00 946.71 46,582.55 0.00 105.00 2,685.00 0.00 315.00 3,625.00 0.00 140.00 4,300.00 0.00 140.00 4,850.00 0.00 5,933.54*392,462.43*0.00* 0.00 6,141.27 161.69 1,126.99 0.00 7,429.95* 0.00 800.00 100.00 950.00 0.00 0.00 140.00 35.00 2,025.00* 97.25 60.00 157.25* 140.00 392,889.39 12,935.00 0.00 0.00 405,824.39* 0.00 0.00 0 0 0 0 0 0 0 00 00 00 00 00 00 00* 2,800.00 0.00 2,800.00* 11,200.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00* 0.00 YEAR-TO-DATE REPORT NBR. BPRMTISS-1 DATE OF RUN 06/01/98 ***** PERMIT ISSUED REPORT CITY OF ORONO *****PAGE: 2 REQUESTER: CAROLE -- CURRENT RANGE - 01/01/98 - 05/31/98 -- PREVIOUS RANGE - 01/01/97 - 05/31/97 PERMIT TYPE QTY BASB FEE VALUATION PLAN REVIEW QTY BASE FE^VALUATION PLAN REVIEW A A A FIRE SPRINKLER 1 3,650.00 292,000.00 0.00 0 0.00 0.00 0.00 Sub-total 1*3,650.00*292,000.00*0.00*1*140.00*11,200.00*0.00* User Defined ... ... LAND ALTERATION 7 375.00 500.00 0.00 4 275.00 0.00 u.uu DOCKS 0 0.00 0.00 0.00 2 60.00 2,500.00 0.00 LAWN SPRINKLER 3 105.00 0.00 0.00 5 175.00 0.00 0.00 Sub-total 10*480.00*500.00*0.00*11*510.00*2,500.00*0.00* Grand-total 427**117,359.97**12,576,090.36**46,681.49**343**67,687.49**6,917,294.78**27,199.41** BUILDING MECHANICAL PLUMBING SEWER & WATER USER SIGNBASE FEB 83,891.25 8,001.01 7,207.71 13,295.00 480.001 35.00PLAN REVIEW 46,681.49 0.00 0.00 0.00 10.00 0.00 SURCHARGE 5,553.10 318.51 224.82 16.50 1.50 0.00 Lie. SEARCH FEB 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 5,000.00 0.00 0.00 INVESTIGATION 798.75 0.00 0.00 0.00 35.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN 78.00 34.49 1.50 1.50 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 136,924.59 9,197.52 7,467.02 18,313.00 518.00 35.00 REPORT NBR. BPRMTISS-1 DATE OF RUN 06/01/98 ***** PERMIT ISSUED REPORT CITY OF ORONO *****__ _ _ _ _ _ _PRPVTntTQ REQUESTER:D ANnP ------------PAGE: 1CAROLEPERMIT TYPE QTY 01/01/98 - BASE FEB - - - - - - - - -05/31/98VALUATION PLAN REVIEW QTY 01/01/97 - BASE FEE 05/31/97VALUATION PLAN REVIEWUser Defined SUBDIVISION 8 4,837.50 0.00 0.00 3 2,245.00 0.00 0.00 VARIANCE 28 7,460.00 0.00 0.00 30 6,700.00 0.00 0.00 CUP 9 1,525.00 0.00 0.00 7 1,700.00 0.00 0.00 SKETCH PLAN 2 500.00 0.00 0.00 4 1,000.00 0.00 0.00 VARIANCE/CUP 2 500.00 0.00 0.00 1 325.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 300.00 0.00 0.00 REZONING 0 0.00 0.00 0.00 2 0.00 0.00 0.00 RQST SIMILAR USE 2 250.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 51*15,072.50*0.00*0.00*48*12,270.00*0.00*0.00* Grand-total 51**15,072.50**0.00**0.00**48**12,270.00**0.00**0.00** 1998 RECAP OF CONTRACT CITIESPAGE: 1CAROLEREVIEW0.000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* ing Park rcwi wiai j nai wmPlan Review 0.00 0.00 0.00 414.21 0.00Inspections15.00 45.00 60.00 45.00 60.00Retainer25.00 25.00 25.00 25.00 25.00TOTALAO. 00 70.00 85.00 484.21 85.00No. Plan Reviews 0 0 0 1 0No. Inspections 1 3 4 3 4metonka Beach Plan Review 7,206.05 2,133.30 2,493.88 170.46 308.10 Inspections 195.00 285.00 225.00 540.00 525.00 Retainer 25.00 25.00 25.00 25.00 25.00 TOTAL 7,426.05 2,443.30 2,743.88 735.46 858.10 No. Plan Reviews 0 2 3 1 4 No. Inspections 13 19 15 36 35 June July August Septeniber October November December YTD Totals414.21225.00125.00764.21 115 12.311.79 1,770.00 125.00 14.206.79 10 118 0.00**7,466.05 2,513.30 2,828.88 1,219.67943.10 \GE: 1 : CAROLE REPORT NB DATE OF RPEPJ^IT TYBuilding SGL FAMIL SF-ADD/RE SF-ACC ST DEMO/PRIN COMMERCIA COM-ADD/R COM-ACC S DEMO DEMO-ACCE ACC/GARAG Sub-total Mechanica HEATING S AIR CONDI FIREPLACE VENTILATI GAS LINE DUCT WORK REMOVE 01 Sub-total Plumbing FIXTURES WATER MET VACUUM BR Sub-total Sewer & W SEWER CON NEW SEPTI SAC ONLY SEPTIC co: SEWER REP. Sub-total Fire FIRE SPRIl Sub-total User Defi] LAND ALTEl DOCKS LAWN SPRIl Sub-total Grand-tote PERMITS ISSUED/FEES COLLECTED MAY 1998REPORT NBR. BPRMTISS-1 DATE OF RUN 06/01/98 PERMIT ISSUED REPORT CITY OF ORONO ♦ ♦ ★ * ★PAGE; 1REQUESTER: CAROLEPEPJ^IT TYPE QTYBuildingSGL FAMILY-NEW 4SF-ADD/REMODEL 39SF-ACC STRUCTURE 9 DEMO/PRINCIPAL 2 COMMERCIAL-NEW 1 COM-ADD/REMODEL 0 COM-ACC STRUCTUR 2 DEMO 0 DEMO-ACCESSORY 1 ACC/GARAGES 4 Sub-total 62* Mechanical HEATING SYSTEMS 3 AIR CONDITIONING 3 FIREPLACE 5 VENTILATION 0 GAS LINE INSPECT 1 DUCT WORK ONLY 1 REMOVE OIL TANK 2 Sub-total 15* Plumbing FIXTURES 16 WATER METER 0 VACUUM BREAKER 1 Sub-total 17* Sewer & Water SEWER CONNECTION 4 NEW SEPTIC SYSTE 6 SAC ONLY 3 SEPTIC CONNECTIN 1 SEWER REPAIR 1 Sub-total 15* Fire FIRE SPRINKLER 1 Sub-total 1* User Defined LAND ALTERATION 3 DOCKS 0 LAWN SPRINKLER 2 Sub-total 5* Grand-total 115** •. . . .CURRE^IT RANGE. . . . .. . . . . . . PREVIC)US RANGE. . . .05/01/98 - 05/31/98 05/01/97 - 05/31/97BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION10,894.00 1,988,202.00 7,081.09 2 3,459.50 536,420.009,120.25 738,961.00 4,694.48 36 9,291.25 846,151.001,510.50 99,680.00 914.23 4 570.25 35,250.00 130.00 0.00 0.00 2 130.00 0.00 6,365.25 1,492,000.00 4,137.41 0 0.00 0.00 0.00 0.00 0.00 2 158.25 8,050.00 557.00 40,000.00 105.46 0 0.00 0.00 0.00 0.00 0.00 1 50.00 0.00 30.00 0.00 0.00 1 60.00 0.00 925.25 67,832.00 581.91 0 0.00 0.00 29,532.25*4,426,675.00*17,514.58*48*13,719.25*1,425,871.00* 370.00 29,600.00 0.00 6 465.74 37,259.00 165.00 12,400.00 0.00 0 0.00 0.00 313.75 22,700.00 0.00 1 35.00 1,000.00 0.00 0.00 0.00 1 35.00 485.00 35.00 2,784.00 0.00 0 0.00 0.00 35.00 500.00 0.00 1 35.00 300.on 70.00 1,250.00 0.00 1 35.00 1,450.00 988.75*69,234.00*0.00*10*605.74*40,494.00* 993.57 59,085.00 0.00 iS 1,872.50 121,853.56 0.00 0.00 0.00 3 386.00 0.00 35.00 150.00 0.00 0 0.00 0.00 1,028.57*59,235.00*0.00*22*2,258.50*121,853.56* 140.00 0.00 0.00 0 0.00 0.00 550.00 0.00 0.00 6 600.00 0.00 3,000.00 0.00 0.00 0 0.00 0.00 50.00 0.00 0.00 0 0.00 0.00 35.00 750.00 0.00 0 0.00 0.00 3,775.00*750.00*0.00*6*600.00*0.00* 3,650.00 292,000.00 0.00 0 0.00 0.00 3,650.00*292,000.00*0.00*0*0.00*0.00* 150.00 0.00 0.00 3 200.00 0.00 0.00 0.00 0.00 1 30.00 2,000.00 70.00 0.00 0.00 3 105.00 0.00 220.00*0.00*0.00*7*335.00*2,000.00* 39,194.57**4,847,894.00**17,514.58**93**17,518.49**1,590,218.56** PLAN REVIEW2,248.674,274.41357.01 0.00 0.00 89.21 0.00 0.00 0.00 0.00 6,969.30* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00* 0.00 0.00o.co 0.00* 6,969.30** REPORT NBR. BPEERPTl-1 DATE OP RUN 06/01/98 PERIMITS ISSUED/FEES COLLECTED*****MAY 1998PERMIT FEE REPORT ***** CITY OP ORONO PROM 05/01/98 TO 05/31/98 REPORT NBR. BFEERPTl-1 DATE OP RUN 06/01/98 ***** PERMIT P E REPORT ***** CITY OP ORONO PROM 0h/-:i/98 TO 05/31/98 PAGE: 39REQUESTER: CAROLEBUILDINGMECHANICALPLUMBINGSEWER & WATER USER SIGN FIRE BASE FEB 29,532.25 988.75 1,028.57 • 3,775.00 1 220.00 0.00 3,650.00 PLAN REVIEW 17,514.58 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 2,156.35 35.24 32.06 6.00 1.00 0.00 146.00 Lie. SEARCH FEB 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 224.75 0.00 0.00 0.00 35.00 0.00 0.00 m DEPOSIT 0.00 0.00 0.00 0.00 0.00 ’ 0.00 0.00 HAIL IN 7.50 10.49 1.50 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • PERMIT TOTAL 49,427.93 1,031.49 1,071.12 3,782.50 256.00 0.00 3,796.00 PAGE: 40 REQUESTER: CAROLE REPORT TOTAL BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL « * 39.194.57 17.514.58 2,376.65 0.00 0.00 259.75 0.00 19.49 0.00 59,365.04 MON, JUN 1, 1998, 4:57 PMPERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET PAGE 1MAY 1998ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION OR-009994 10941301 BRANDL ANDERSON HOMES INC JAGODZINSKI 113,202.00 OR-010108 14754902 PILLAR HOMES 375,000.00 OR-010196 14735435 STEINER &KOPPELMAN, INC ■HAUSER 1,100,000.00 OR-01022G 19375050 CHARLES RICHARD INC KOEHLER 400,000.00 OR-010157 18211100 HOUSE LIFT INC WINSTON 20,000.00 OR-010161 00000000 KOZICKY 25,000.00 OR-010162 14751252 NASSET PETER HARTFIEL 40,000.00 OR-010189 14768403 LUCAS DESIGN WORKS LUCAS 100,000.00 OR-010216 14747121 LAKE COUNTRY BUILDERS OLSON 30,000.00 OR-010255 00000000 KRUGER 36,228.00 OR-010178 00000000 FREDEEN 10,000.00 OR-010179 14710532 DANBERRY COMPANY CULLUM 18,000.00 OR-010187 19337673 NIEGHBORHOOD BLDG & REMDL KMETZ 13,000.00 OR-010227 00000000 BUSCH 44,000.00 OR-010262 00000000 ABRAHAMSON 13,832.00 OR-010219 15377564 SUNDANCE CONSTRUCTION INC LEPPLA 29,500.00 OR-010101 00000000 ZAUNER 3,600.00 OR-010175 14355424 STEVE DAHL CONST FLYC-NRING 8,700.00 OR-010176 00000000 .^CHNSON 2,400.00 OR-010210 14710532 DANbbRRY COMPANY .LLSON 1,600.00 OR-010252 00000000 HILL 4,680.00 OR-010258 14723055 SCHULZ JOHN SIMS 7,000.00 OR-010120 18941^90 VALLEY POOLS INC CHISTIANI 13,980.00 OR-010186 10941400 VALLEY POOLS INC CALLAN 12,800.00 OR-010188 14761153 POOL CONCEPTS WILSON 10,000.00 OR-010236 18941480 VALLEY POOLS INC GRANDSTRAND 12,000.00 OR-010245 00000000 JOCHIMS 9,000.00 OR-010172 00000000 HILL 800.00 OR-010192 18238046 SELA ROOFING COX 4,150.00 OR-010208 14710532 DANBERRY COMPANY HARTZELL 4,500.00 OR-010223 19723950 MAAS CONST INC LYTLE 9,460.00 OR-010244 00000000 MARKLUND 1,500.00 OR-010250 14284559 TOP CUN ROOFING YOUNG 8,000.00 OR-010254 00000000 BERARD 1,bOO.OO OR-010260 14726539 SMITH WF ROOFING ROZEBOOM 12,500.00 OR-010261 00000000 MERZ 2,000.00 OR-010267 00000000 BOZONIE 1,200.00 OR-010174 19693391 ADVANCED BUILDERS RAPPAPORT 37,000.00 OR-010217 00000000 BROOKS 800.00 OR-010197 00000000 HOWARD . 00 OR-010233 00000000 KAIL . 00 OR-010201 14738427 STUBBS BLDG MOVER BRACKEN . 00 OR-010269 14792660 JEROME JOHNSON EXCAVATING BEERNINK .00 OR-010177 15598980 GALZKI BROS CONSTRUCTION 10,000.00 OR-010194 OR-0102-78 148936^G 00000000 PINEVIEW BUILDERS INC 1,492,000.00 30,000.00 OR-010265 14710532 DANBERRY COMPANY PYLE 3,000.00 OR-01026C 147105J2 DANBERRY COMPANY MARKS 9,000.00 OR-010277 142J6967 K-D REMODELERS PETERSON 6,000.00 OR-010214 15531918 FIRST CHANCE EXTERIORS INC BENDT 12,000.00 OR-010100 15024777 RENEWAL BY ANDERSEN SHIELDS 11,618.00 OR-010128 19723003 LEMMERMAN CONSTRUCTION INC GOLDEN ” 40,000.00 OR-010171 00000000 HELD 1,000.00 OR-010220 15507609 TONY EIDEN CO 25,000.00 01 01 01 01 02 02 02 02 02 02 03 03 03 04 04 05 06 06 06 06 06 06 09 09 09 09 09 11 11 11 11 11 11 11 11 11 11 15 15 16 16 17 17 19 19 19 21 21 21 24 29 29 29 29 2300 140 1540 35 155 2016 2225 1060 950 520 1925 785 640 1265 4629 4040 3262 3060 2275 2868 50 2l20 3011 2995 325 4435 485 3508 925 2987 2065 3415 1365 3559 2967 380 1750 3067 980 1300 3753 1770 2110 200 725 2700 3548 3535 2829 1120 1310 4160 389 : 242b OLIVE AVE GOLDEN VIEW DR BOHNS PT RD CRYSTAL CREEK RE WEAR LA N SHADYWOOD RD DEVIN LA BROWN RD N NORTH ARM DR HANLON AVE COUNTAi CLUB RD FERK •LB RD N ORCHaj- RD SH0RD!^XNE DR ton;;>v j;lw la DA' \v-. AD N ; DR FARVli'A LA WEBBEK 7LLS RD CASCO JINT RD WEAR LA WEBBER HILLS RD SUSSEX RD DEER RUN TR BROWN RD S WOLVERTCN PL STUBBS BAY RD N LYRIC AVE BROWN RD N CASCO POINT RD WEBBER HILLS RD HIGH LA PARK DR LYRIC AVE CASCO POINT RD TURNHAM RD CONCORDIA ST FARVIEW LA FERNDALE RD W SHORELINE DR CASCO AVE WEST FARM RD WEBBER HILLS RD WOODHILL RD 6TH AVE N KELLEY PKWY IVY PL IVY PL CASCO POINT RD TONKAWA RD VINE PL FOREST LAKE DR SHORELINE DR THOROUGHBRED LA 98/05/06 98/05/08 98/05/12 98/05/20 98/05/04 98/05/01 98/05/04 98/05/12 98/05/13 98/05/28 98/05/11 98/05/13 98/05/11 98/05/19 98/05/29 98/05/15 98/05/01 98/05/05 98/05/08 98/05/12 98/05/22 98/05/26 98/05/13 98/05/13 98/05/07 98/05/27 98/05/19 98/05/01 98/05/07 98/05/12 98/05/15 98/05/19 98/05/21 98/05/22 98/05/26 98/05/27 98/05/27 98/05/04 98/05/13 98/05/08 98/05/18 98/05/11 98/05/27 98/05/15 98/05/20 98/05/28 98/05/27 98/05/:./ 98/05/28 98/05/12 98/05/06 98/05/01 98/05/Cl 99/05/18 MON, JUN 1, 1990, 4:57 PMPERMITS ISSUED FOR THE MONTH OP PERMIT WORK ADDR NBR STREET PAGE 2MAY 1998ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATIONBL293135JAMESTOWN RD 98/05/20 OR-010224 19240043 CHOICE WOOD COMPANY 29 3155 CASCO CIR 98/05/20 OR-010234 15590102 FINNAMORE BLDG CORP 29 2918 CASCO POINT RD 98/05/26 OR-010256 14701102 HAUGDAHL CONSTRUCTION INC 29 3035 CASCO POINT RD 98/05/26 OR-010257 18238046 SELA ROOFING 29 2620 FOX ST 98/05/28 OR-010270 17970095 HOLLOWAY RICHARD 29 1790 SHADYWOOD RD 98/05/28 OR-010274 15570268 GUSTAFSON REMODELING 31 3241 CASCO CIR 98/05/29 OR-010290 15448002 NATURAL ENVIRONMENTS 33 75 CRYSTAL CREEK RD 98/05/28 OR-010273 19449499 LECY CONST INC 62C 62C FI 20 795 OLD CRYSTAL BAY RD N 98/05/12 OR-010212 86390655 BROTHERS FIRE PROTECTION 1C 1C ME 01 1399 ORONO LA 98/05/06 OR-010182 38693213 MIDLAND HTG & AC INC 01 3650 CASCO AVE 98/05/11 OR-010105 34522665 WENZEL HEATING & AC 01 155 WEAR LA 98/05/07 OR-010191 39296767 VOGT FRED & CO 01 2975 SOMERSET LA 98/05/07 OR-010193 35453797 FIREPLACE CENTER 01 2605 THOROUGHBRED LA 98/05/11 OR-010200 00000000 01 2815 DEER RUN TR 98/05/14 OR-010221 36332561 FIRESIDE CORNER 01 3120 NORTH SHORE DR 98/05/15 OR-010222 38617291 HOLLENBACK & NELSON, INC. 01 405 OXFORD RD 98/05/22 OR-010251 34282826 PRACTICAL SYSTEMS 01 1331 NORTH ARM DR 98/05/29 OR-010291 36825295 VARNER SHEET METAL 02 90 MYRTLEWOOD RD 98/05/19 OR-010237 37834545 ERICKSON PLBG HTG COOLING 19 3745 SHORELINE DR 98/05/06 OR-010103 34741725 MERIT HVC INC 29 950 DAKOTA AVE 98/05/11 OR-010207 54775649 RITTER EXCAVATING 29 2430 NORTH SHORE DR 98/05/12 OR-010213 34130080 EXPERT MECHANICAL 29 3120 NORTH SHORE DR 98/05/19 OR-010240 00000000 29 2905 6TH AVE N 98/05/20 OR-010249 34735488 MAYER DISTRIBUTING 15C 15C PL 01 2114 SUGARWOOD DR 98/05/04 OR-010173 24590100 FIVE STAR PLUMBING INC 01 2815 DEER RUN TR 98/05/06 OR-010100 25334357 PLYMOUTH PLUMBING 01 1505 LONG LAKE BLVD 98/05/12 OR-010211 24738793 CITYVIEW PLBG tc HTG 01 425 HUNTER PASS 98/05/28 OR-010272 29335636 DUDA, LEON PLUMBING SERV. 02 4160 FOREST LAKE DR 98/05/06 OR-010101 24422618 SULLIVAN BOB PLBG 02 940 BROWN RD S 98/05/18 OR-010231 29337717 THOMPSON PLBG 29 1065 TAMARACK DR 98/05/07 OR-010190 29337200 CULLIGAN 29 2010 COLIN DR 98/05/19 OR-010241 24248455 MACK PLUMBING 29 2715 COUNTRYSIDE DR W 98/05/20 OR-010247 25669023 BOEDDEKER PLBG 29 3120 NORTH SHORE DR 98/05/20 OR-010240 27839080 PLUMBING SERVICES INC 29 2620 FOX ST 98/05/29 OR-010283 25458881 HOVDE PLBG & HTG INC 29 1398 REST PT RD 98/05/29 OR-010284 28274033 NORBLOM PLUMBING CO 29 2300 LONGVIEW CIR 98/05/29 OR-010205 24490147 CUSTOM PLUMBING, INC. 29 1190 HERITAGE LA 98/05/29 OR-010286 24490147 CUSTOM PLUMBING, INC. 29 740 NORTH ARM DR 98/05/29 OR-010287 29337200 CULLIGAN 29 2120 WEBBER HILLS RD 98/05/28 OR-010280 29337200 CULLIGAN 29 3155 CASCO CIR 98/05/29 OR-010293 24750296 WELD, DON PLUMBING 17C 17C SW 01 2900 WEAR CIR 98/05/01 OR-010169 54612100 DASEN CONTRACTING CO INC 01 430 WAKEFIELD RD 98/05/08 OR-010190 52952511 FYLE'S EXCAVATING 01 910 DAKOTA AVE 98/05/11 OK-010199 00000000 01 910 DAKOTA AVE 98/05/11 OR-010202 54775649 RITTER EXCAVATING 01 950 DAKOTA AVE 98/05/11 OR-010203 00000000 LURTONROBERTACCIO FAWBUSH KACHENMEISTER JAFFRAY URBAN KENNEPICK CAVALANCIA GERSOVICH WERSAL ANDREA El DEN CUDD POMIJIE SHAW BUETLER THOMPSON OLEN HUNTLEY POMIJE ZEEB WEYHE HELLRUNG GOLDEN PETERSON NIVIN LOWE POMIJE JAFFRAY JOHNSON CARL FLESSNER HAGBERG SIMS POST HENDERSON STEINKE STEINKE OLEN 175,000.0037.000. 00 7.575.00 3.450.00 15.000. 00 8,000.00 3,000.00 1.100.00 292,000.00 4.200.00 4.000. 00 500.00 1.000. 00 3.000. 00 2.200.00 12,000.00 2.784.00 6.900.00 6.200.00 2.000. 00 600.00 10,700.00 4,500.00 650.00 8,000.00 12.150.00 1,200.00 150.00 2.400.00 4.900.00 500.00 175.00 300.00 11.500.00 2.985.00 500.00 500.00 1.025.00 500.00 500.00 11.950.00 .00 .00 .00 .00 .00 ION, JUN 1, 1938, 4:57 PM PAGE 3PERMITS ISSUED FOR THE MONTH OF 1998PERMITWORKADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION sw 01 950 DAKOTA AVE 98/05/11 OR-010205 54775649 RITTER EXCAVATING OLEN .00 01 950 DAKOTA AVE 98/05/11 OR-010206 54775649 RITTER EXCAVATING OLEN .00 01 1845 LAKEVIEW TER 98/05/18 OR-010230 54775649 RITTER EXCAVATING ASKE .00 01 3400 BAYSIDE RD 98/05/19 OR-010238 54734500 SULLIVAN'S UTILITY SERVICE ESTERS .00 01 3400 BAYSIDE RD 98/05/19 OR-010243 00000000 ESTERS .00 01 1020 TOWNLINE RD 98/05/28 OR-010276 54793364 INDEPENDENT SEPTIC SYSTEMS LUNIESKI .00 19 725 6TH AVE N 98/05/14 OR-010218 54789529 G L CONTRACTING INC .00 24 70 MYRTLEWOOD RD 98/05/01 OR-010170 54718151 PETERSON ELMER J CO WELLS .00 24 3280 WATERTOWN RD 98/05/13 OR-010215 54791547 VOLKENANT & SONS INC HART .00 24 520 HANLON AVE 98/05/29 OR-010292 24750296 WELD, DON PLUMBING KRUGER 750.00 29 4605 WATERTOWN RD 98/05/19 OR-010242 54718151 PETERSON ELMER J CO SERENA .00 16C 16C UD 01 2010 COLIN DR 98/05/12 OR-010209 84792585 GENERAL SERVICE MACMILLAN .00 01 425 HUNTER PASS 98/05/28 OR-010275 89411138 AQUA ENGINEERING, INC.HALLRUNG .00 22 1565 ORONO OAKS DR 98/05/19 OR-010246 00000000 DALBEC .00 22 537 HANLON AVE 98/05/28 OR-010271 14740763 KRUEGER KONRAD KOEHNEN .00 22 4415 FOREST LAKE LANDING 98/05/29 OR-010289 19740004 KEITH WATERS & ASSOC LINE .00 5C 5C 116C 4,847,894.00* MON, JUN 1, 1998, 4:56 PM PAGE 1NUMERICAL LISTING PERMIT NBR ISSUED MAY 1998 CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION JAGODZINSKI 113,202.00 SHIELDS 11,618.00 ZAUNER 3,600.00 375,000.00 CHISTIANI 13,980.00 GOLDEN 40,000.00 WINSTON 20,000.00 KOZICKY 25,000.00 HARTFIEL 40,000.00 POST .00 WELLS .00 HELD 1,000.00 HILL 800.00 8,000.00 RAPPAPORT 37,000.00 FLYGENRING 8,700.00 JOHNSON 2,400.00 10,000.00 FREDEEN 10,000.00 CULLUM 18,000.00 12,150.00 GOLDEN 2,400.00 CAVALANCIA 4,200.00 2,000.00 GERSOVICH 4,000.00 CALLAN 12,800.00 KMETZ 13,000.00 WILSON 10,000.00 LUCAS 100,000.00 PETERSON 500.00 WERSAL 500.00 COX 4,150.00 ANDREA 1,000.00 1,492,000.00 HAUSER 1,100,000.00 HOWARD .00 HENDERSON .00 STEINKE .00 EIDEN 3,000.00 BRACKEN .00 STEINKE .00 OLEN .00 OLEN .00 OLEN .00 OLEN 600.00 HARTZELL 4,500.00 MACMILLAN .00 NELSON 1,600.00 WEYHE 1,200.00 292,000.00 HUNTLEY 18,700.00 9ENDT ” 12,000.00 HART .00 OLSON 30,000.00 OR-009994 OR-010100 OR-010101 OR-OlOlOe OR-010120 OR-010128 OR-010157 OR-010161 OR-010162 OR-010169 OR-010170 OR-010171 OR-010172 OR-010173 OR-010174 OR-010175 OR-010176 OR-010177 OR-010178 OR-010179 OR-010180 OR-010181 OR-010182 OR-010183 OR-010185 OR-010186 OR-010187 OR-010188 OR-010189 OR-010190 OR-010191 OR-010192 OR-010193 OR-010194 OR-010196 OR-010197 OR-010198 OR-010199 OR-010200 OR-010201 OR-010202 OR-010203 OR-010205 OR-010206 OR-010207 OR-010208 OR-010209 OR-010210 OR-010211 OR-010212 OR-010213 OR-010214 OR-010215 OR-010216 98/05/06 N 98/05/06 N 98/05/01 N 98/05/08 N 98/05/13 N 98/05/01 N 98/05/04 N 98/05/01 N 98/05/04 N 98/05/01 N 98/05/01 N 98/05/01 N 98/05/01 N 98/05/04 N 98/05/04 N 98/05/05 N 98/05/08 N 98/05/15 N 98/05/11 N 98/05/13 N 98/05/06 N 98/05/06 N 98/05/06 N 98/05/06 N 98/05/11 N 98/05/13 N 98/05/11 N 98/05/07 N 98/05/12 N 98/05/07 N 98/05/07 N 98/05/07 N 98/05/07 N 98/05/20 N 98/05/12 N 98/05/08 N 98/05/08 N 98/05/11 N 98/05/11 N 98/05/11 N 98/05/11 N 98/05/11 N 98/05/11 N 98/05/11 Y 98/05/11 N 98/05/12 N 98/05/12 N 98/05/12 N 98/05/12 N 98/05/12 N 98/05/12 N 98/05/12 N 98/05/13 N 98/05/13 N 2300 1310 3262 140 3011 4160 155 2016 2225 2900 70 3890 3508 2114 3067 3060 2275 200 1925 785 2815 4160 1399 3745 3650 2995 64 0 325 1060 1065 155 925 2975 725 154 0 1300 430 910 2605 1770 910 950 950 950 950 2987 2010 2868 1505 795 2430 1120 3280 950 OLIVE AVE VINE PL NORTH SHORE DR GOLDEN VIEW DR SUSSEX RD FOREST LAKE DR HEAR LA N SHADYWOOD RD DEVIN LA WEAR CIR MYRTLEWOOD RD SHORELINE DR LYRIC AVE SUGARWOOD DR FARVIEW LA FARVIEW LA WEBBER HILLS RD HOODHILL RD COUNTRY CLUB RD FERNDALE RD N DEER RUN TR FOREST LAKE DR ORONO LA SHORELINE DR CASCO AVE DEER RUN TR ORCHARD PK RD BROWN RD S BROWN RD N TAMARACK DR WEAR LA BROWN RD N SOMERSET LA 6TH AVE N BOHNS PT RD SHORELINE DR WAKEFIELD kD DAKOTA AVE THOROUGHBRED LA WEST FARM RD DAKOTA AVE DAKOTA AVE DAKOTA AVE DAKOTA AVE DAKOTA AVE 'casco point RD COLIN DR CASCO POINT RD LONG LAKE BLVD OLD CRYSTAL BAY RD N NORTH SHORE DR TONKAWA RD WATERTOWN RD NORTH ARM DR 01 18941301 29 15024777 06 00000000 01 14754902 09 18941480 29 19723003 02 18211100 02 00000000 02 14751252 01 54612100 24 54718151 29 00000000 11 00000000 01 24598180 15 19693391 06 14355424 06 00000000 19 15598980 03 00000000 03 14710532 01 25334357 02 24422618 01 38693213 19 34741725 01 34522665 09 18941480 03 19337673 09 14761153 02 14768403 29 29337200 01 39296767 11 18238046 01 35453797 19 14893696 01 14735435 16 00000000 01 52952511 01 00000000 01 00000000 17 14738427 01 54775649 01 00000000 01 54775649 01 54775649 29 54775649 11 14710532 01 84792585 06 14710532 01 24738793 20 86390655 29 34130080 24 15531918 24 54791547 02 14747121 BRANDL ANDERSON HOMES INC RENEWAL BY ANDERSEN PILLAR HOMES VALLEY POOLS INC LEMMERMAN CONSTRUCTION INC HOUSE LIFT INC NASSET PETER DASEN CONTRACTING CO INC PETERSON ELMER J CO FIVE STAR PLUMBING INC ADVANCED BUILDERS STEVE DAHL CONST GALZKI BROS CONSTRUCTION DANBERRY COMPANY PLYMOUTH PLUMBING SULLIVAN BOB PLBG MIDLAND HTG k AC INC MERIT HVC INC WENZEL HEATING & AC VALLEY POOLS INC NIEGHBORHOOD BLDG k REMDL POOL CONCEPTS LUCAS DESIGN WORKS CULLIGAN VOGT FRED k CO SELA ROOFING FIREPLACE CENTER PINEVIEW BUILDERS INC STEINER SiKOPPELMAN, INC FYLE'S EXCAVATING STUBBS BLDG MOVER RITTER EXCAVATING RITTER EXCAVATING RITTER EXCAVATING RITTER EXCAVATING DANBERRY COMPANY GENERAL SERVICE DANBERRY COMPANY CITYVIEW PLBG k HTG BROTHERS FIRE PROTECTION EXPERT MECHANICAL FIRST CHANCE EXTERIORS INC VOLKENANT k SONS INC LAKE COUNTRY BUILDERS MON, JUN 1, 1998, 4:56 PMNUMERICAL LISTING ^998PERMIT NBR ISSUED CANCEL ADDR NBR STREET PAGE 2WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONBROOKS800.00.00 LEPPLA 29,500.00 25,000.00 CUDD 2,200.00 POMIJIE 12,000.00 LYTLE 9,460.00 LURTON 175,000.00 KOEHLER 400,000.00 BUSCH 44,000.00 ASKE .00 4,900.00 KAIL .00 ROBERTACCIO 37,000.00 GRANDSTRAND 12,000.00 THOMPSON 6,200.00 ESTERS .00 POMIJE 4,500.00 NIVIN 175.00 SERENA .00 ESTERS .00 MARKLUND 1,500.00 JOCHIMS 9,000.00 DALBEC .00 LOWE 300.00 POMIJE 11,500.00 ZEEB 650.00 YOUNG 8,000.00 SHAW 2,784.00 HILL 4,680.00 BERARD 1,500.00 KRUGER 36,228.00 FAWBUSH 7,575.00 KACHENMEISTER 3,450.00 SIMS 7,000.00 ROZEBOOM 12,500.00 MERZ 2,000.00 ABRAHAMSON 13,832.00 PYLE 3,000.00 MARKS 9,000.00 BOZONIE 1,200.00 BEERNINK .00 JAFFRAY 15,000.00 KOEHNEN .00 HELLRUNG 150.00 1,100.00 URBAN 8,000.00 HALLRUNG .00 LUNIESKI .00 PETERSON 6,000.00 30,000.00 JAFFRAY •• 2,985.00 JOHNSON 500.00 CARL 500.00 OR-010217 OR-010218 OR-010219 OR-010220 OR-010221 OR-010222 OR-010223 OR-010224 OR-010226 OR-010227 OR-010230 OR-010231 OR-010233 OR-010234 OR-010236 OR-010237 OR-010238 OR-010240 OR-010241 OR-010242 OR-010243 OR-010244 OR-010245 OR-010246 OR-010247 OR-010248 OR-010249 OR-010250 OR-010251 OR-010252 OR-010254 OR-010255 OR-010256 OR-010257 OR-010258 OR-010260 OR-010261 OR-010262 OR-010265 OR-010266 OR-010267 OR-010269 OR-010270 OR-010271 OR-010272 OR-010273 OR-010274 OR-010275 OR-010276 OR-010277 OR-010278 OR-010283 OR-010284 OR-010285 98/05/13 N 98/05/14 N 98/05/15 N 98/05/18 N 98/05/14 N 98/05/15 N 98/05/15 N 98/05/20 N 98/05/20 N 98/05/19 N 98/05/18 N 98/05/18 N 98/05/18 N 98/05/20 N 98/05/27 N 9 '05/19 N 91/05/19 N 98/05/19 N 98/05/19 N 98/05/19 N 98/05/19 N 98/05/19 N 98/05/19 N 98/05/19 N 98/05/20 N 98/05/20 N 98/05/20 N 98/05/21 N 98/05/22 N 98/05/22 N 98/05/22 N 98/05/28 N 98/05/26 N 98/05/26 N 98/05/26 N 98/05/26 N 98/05/27 N 98/05/29 N 98/05/27 N 98/05/27 N 98/05/27 N 98/05/27 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/28 N 98/05/29 N 98/05/29 N 98/05/29 N 980 725 4040 2425 2815 3120 2065 3135 35 1265 1845 940 3753 3155 4435 90 3400 3120 2010 4605 3400 3415 485 1565 2715 3120 2905 1365 405 50 3559 520 2918 3035 2120 2967 380 4629 3548 3535 1750 2110 2620 537 425 75 1790 425 1020 2829 2700 2620 1398 2300 FERNDALE RD W 6TH AVE N DAHL RD THOROUGHBRED LA DEER RUN TR NORTH SHORE DR WEBBER HILLS RD JAMESTOWN RD CRYSTAL CREEK RD SHORELINE DR LAKEVIEW TER BROWN RD S CASCO AVE CASCO CIR WOLVERTON PL MYRTLEWOOD RD BAYSIDE RD NORTH SHORE DR COLIN DR WATERTOWN RD BAYSIDE RD HIGH LA STUBBS BAY RD N ORONO OAKS DR COUNTRYSIDE DR W NORTH SHORE DR 6TH AVE N PARK DR OXFORD RD WEAR LA LYRIC AVE HANLON AVE CASCO POINT RD CASCO POINT RD WEBBER HILLS RD CASCO POINT RD TURNHAM RD TONKAVIEW LA IVY PL IVY PL CONCORDIA ST WEBBER HILLS RD FOX ST H/U^LON AVE HUNTER PASS CRYSTAL CREEK RD SHADYWOOD RD HUNTER PASS TOWNLINE RD CASCO POINT RD KELLEY PKWY FOX ST REST PT RD LONGVIEW CIR 15 00000000 19 54789529 05 15377564 29 15507609 01 36332561 01 38617291 11 19723950 29 19240043 01 19375050 04 00000000 01 54775649 02 29337717 16 00000000 29 15590102 09 18941480 02 37834545 01 54734300 29 00000000 29 24248455 29 54718151 01 00000000 11 00000000 09 00000000 22 00000000 29 25669023 29 27839080 29 34735488 11 14284559 01 34282826 06 00000000 11 00000000 02 00000000 29 14701102 29 18238046 06 14723055 11 14726539 11 00000000 04 00000000 21 14710532 21 14710532 11 00000000 17 14792860 29 17970095 22 14740763 01 29335636 33 19449499 29 15570268 01 89411138 01 547933G4 21 14206967 19 00000000 29 25458881 29 28274033 29 24490147 G L CONTRACTING INC SUNDANCE CONSTRUCTION INC TONY ElDEN CO FIRESIDE CORNER HOLLENBACK fit NELSON, INC. MAAS CONST INC CHOICE WOOD COMPANY CHARLES RICHARD INC RITTER EXCAVATING THOMPSON PLBG FINNAMORE BLDG CORP VALLEY POOLS INC ERICKSON PLBG HTG COOLING SULLIVAN'S UTILITY SERVICE MACK PLUMBING PETERSON ELMER J CO BOEDDEKER PLBG PLUMBING SERVICES INC MAYER DISTRIBUTING TOP GUN ROOFING PRACTICAL SYSTEMS HAUGDAHL CONSTRUCTION INC SELA ROOFING SCHULZ JOHN SMITH WF ROOFING DANBERRY COMPANY DANBERRY COMPANY JEROME JOHNSON EXCAVATING HOLLOWAY RICHARD KRUEGER KONRAD DUDA, LEON PLUMBING SERV. LECY CONST INC GUSTAFSON REMODELING AQUA ENGINEERING, INC. INDEPENDENT SEPTIC SYSTEMS K-D REMODELERS HOVDE PLBG fit HTG INC NORBLOM PLUMBING CO CUSTOM PLUMBING, INC. MON, JUN 1, 1998, 4:56 PM PAGE 3 NUMERICAL LISTING MAY 1998 PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION OR-010266 98/05/29 N 1190 HERITAGE LA 29 24490147 CUSTOM PLUMBING, INC.FLESSNER 1,025.00 OR-010287 98/05/29 N 74 0 NORTH ARM DR 29 29337200 CULLIGAN HAGBERG 500.00 OR-010288 98/05/28 N 2120 WEBBER HILLS RD 29 29337200 CULLIGAN SIMS 500.00 OR-010289 98/05/29 N 4415 FOREST LAKE LANDING 22 19740004 KEITH WATERS k ASSOC LINE .00 OR-010290 98/05/29 N 3241 CASCO CIR 31 15448002 NATURAL ENVIRONMENTS KENNEFICK 3,000.00 OR-010291 98/05/29 N 1331 NORTH ARM DR 01 36825295 VARNER SHEET METAL BUETLER 6,900.00 OR-010292 98/05/29 N 520 HANLON AVE 24 24750296 WELD, DON PLUMBING KRUGER 750.00 OR-010293 98/05/29 N 3155 CASCO CIR 29 24750296 WELD, DON PLUMBING 11,950.00 116C r h: 9999 1 01 Residence 2402Addition2503Garage/Attached 2604Garage/Detached ..2705Porch2806Deck2907Fence3008Gazebo3109Pool3210Re-side 3311Re-roof 3412Tennis Court 13 Sign 14 Dock 15 Shed 16 <Si Demo-Principal Structure 17 Demo-Accessory Structure18Move 19 Commercial 20 Institutional 21 0% A Storm Damage Repair221-100 Cubic Yards 23 101 Cubic Yards or More99Undefined A Replacing Existing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal LOCAL DSE CODES Undefined ■i MAY 1998REPORT NBR. BPRMTISS-1 DATE OF RUN 06/01/98 ***** PERMIT ISSUED REPORT CITY OP ORONO ***** REQUESTER: RANGR PAGE: 1CAROLE PERMIT TYPE QTY 05/01/98 - BASE FEB ------ 05/31/98 VALUATION PLAN REVIEW *QTY 05/01/97 - BASE FEB 05/31/97 VALUATION PLAN REVIEW User Defined SUBDIVISION 1 350.00 0.00 0.00 0 0.00 0.00 0.00 VARIANCE 4 800.00 0.00 0.00 8 1,760.00 0.00 0.00 CUP 3 250.00 0.00 0.00 0 0.00 0.00 0.00 SKETCH PLAN 0 0.00 0.00 0.00 1 250.00 0.00 0.00 VARIANCE/CUP 0 0.00 0.00 0.00 1 325.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 300.00 0.00 0.00 RQST SIMILAR USE 1 250.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 9*1,650.00*0.00*0.00*11*2,635.00*0.00*0.00* Grand-total 9#*1,650.00**0.00**0.00**11**2,635.00**0.00**0.00** REPORT NBR. BFBBRPT2-1 DATE OP RON 06/01/98 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 05/01/98 TO 05/31/98 PAGE: 1 REQUESTER: CAROLE USER REPORT TOTAL BASE PEE 1,650.00 1,650.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH PEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 1,650.00 1,650.00 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 ROLL The Orono Planning Commission met on the above mentioned date with the following members present: Chair Sandra Smith, Janice Berg, William Stoddard, Dale Lindquist, Elizabeth Havsii and Lili McMillan. Representing Staff were Senior Planning Coordinator Michael GafTron, Planner/Zoning Administrator Elizabeth Van Zomeren, and Recorder Lauren Nordseth. Chair Smith called the meeting to order at 6:31 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2363 WILLIAM BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES - CONTINUATION OF PUBLIC HEARING - 6:30-6:40 P.M. Applicant was present. Van Zomeren reported this application was previously reviewed at the April meeting. At that time the applicant was to have the surveyor locate the well and the setbacks. The proposed dwelling is in the LR-IB district, with variances needed for side yard adjacent to street, and lot area. The area of proposed hardcover is 3.8% over the allowed hardcover. Staff recommends granting the lot area and side yard variance. Smith asked if the located well is the reason for review, and how it compared to the review last month by the Planning Commission. Van Zomeren answered that the house has been reoriented. Smith asked about the change in hardcover to which Van Zomeren answered that last month the plan showed hardcover at 512 square feet over the maximum amount allowed and it is now revised to 403 square feet. Applicant had no comments. Hawn said it was a good design, and Lindquist said he had no problem with the plan. Van Zomeren stated the applicant’s concern is to have accessible space on the main floor and it was not an unreasonable request. Smith asked the applicant if moving the driveway added more hardcover. Applicant answered that it was about the same, because the only increase is set in an extra 12 feet from street. Van Zomeren stated there was 220 square feet proposed for the deck. Lindquist moved, Stoddard seconded, to recommend approval of lot area and side yard variance, average lakeshorc setback and approve hardcover on the condition there is no additions to hardcover, with an additional hardship of accommodating an elderly parent residing in home. Vote: Ayes 6, Na\ s 0. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 ;t i. Gaffron stated Agenda item #6 will be tabled. (#2) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY SUBDIVISION WITH CONDITIONAL USE PERMIT - 6:41-7:12 P.M. Applicants were present. Gaffron reported the Planning Commission reviewed this application in February and March, and tabled it without discussion in April. This is a 1 1/2 acre parcel, with sewer available. The back lot that abuts the lakeshore meets area and width requirements. The front lot 1/2 acre requirement is met for the duplex. The revisions made since the last review include reduction of the lot coverage from 22% to 15%. A remaining variance issue is that code allows only two units to be serv'ed by an outlot driveway, and Outlot B would serve three units under the current proposal. A drainage plan has been provided and the City Engineer has indicated a number of revisions where clarifications are required. A berm is proposed on the west property line approximately 2-3' in height and 15' in width to provide needed screening from the marina. A City sewer line below the area of the berm will not be impacted by the berm. Outlot B requires a driveway setback variance, and a variance because it does not extend to the south line of Lor 1 and therefore creates a flag lot which is not allowed by code. The width of proposed Outlot B also requires a variance, as well as that of Outlot A. The Planning Commission recommendation should include a detemiination whether the storm water pond can be credited toward the "extra 50%" back lot area requirement. Staff recommends variance approval for the outlot widths, etc., and approval for the berm as well as a conditional use pennit for the duplex use. Gaffron noted the site is zoned appropriately for a duplex, and most of the required variances would be required even if Lot 2 is not proposed for a duplex lot. Mr. Waade noted that he purchased this property because it was zoned for multiple dwellings, and he stated that the neighborhood concerns about quality of development should not be an issue, because he intends to build high quality homes. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#2 - #2340 Robert Waade - Continued) Smith commented on drainage issues to which the applicant replied there would be no problem with directing drainage to the pond, and he is willing to work with the City Engineer to resolve any drainage issues. Stoddard stated various neighbors had comments about drainage, and Gaffron noted it is not the obligation of this developer to solve neighborhood problems, but the developer cannot create any new ones. Gaffron suggested additional w'ork needs to be done on the grading plan. The applicant noted he would make whatever revisions are required. Stoddard asked if the applicant could alleviate the driveway variance issues. The applicant discussed moving the driveway or redesigning the garage layout to avoid the variance if that was necessary. Smith asked for public comments. David Dalvey of 3230 Bohns Point Lane stated he had previously presented the Commission with a signed petition with 23 names of people who do not want multi family housing, and had a 21 name addendum to this petition. He asked that the variances that are required not be granted. Sam Marfield, 2455 North Shore Drive, stated Orono should not promote rental property. Smith asked if variances are required whether or not a single home or multi-family dwelling is placed on this lot. Gaffron responded affirmatively, noting that most of the variances are a result of the front/back lot configuration, and would be required even if Lot 2 was designated as a single family lot. Gaffron noted a duplex layout change would be needed to avoid the driveway variance. Smith asked what would change if this was a single family home rather than a duplex. Gaffron replied that the 1/2 acre area is required for either use, and a width variance would be needed for either use if the North Shore Drive frontage was considered the front. Berg said the Council needs to determine what is the highest and best use of the site. McMillan stated a duplex is allowed by code for this zone. Hawn said the applicant has the right to build a duplex, to which Stoddard agreed it is zoned for three units and multi-family. Stoddard stated his concerns surround drainage issues, but he has no objections. McMillan said tlie variances are due to the narrow lot, and the major issue is drainage, which can be resolved. Lindquist said he would prefer a single family rather than multi-family use of the site. Applicant replied that if he did do a single family residence, there would still be rental issues. A resident w'ould like to see 2 single family homes and asked that variances not be provided. Smith said there is no reason she cannot approve the duplex use. Hawn said it is a permitted use and the applicant has a right to that use. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#2 - #2340 Robert Waade - Continued) Stoddard moved, McMillan seconded to recommend approval of Application #2340, including: 1) the outlot variances; 2) the conditional use permit for duplex ciedits; 3) subject to City Engineer working with applicant to resolve drainage issues; 4) per the staff recommendation as listed on Gaffron's report; 5) height of berm to be worked out with the City; and 6) with lake access available only to Lot 1. Vote: Ayes 5, Nays 1 (Lindquist). Gaffron indicated this item would be reviewed by the City Council on Tuesday, May 26, 1998. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#3) #2372, BARRY AND JANIECE HAGLUND, 4590 NORTH ARM DRIVE WEST PRELIMINARY SUBDIVISION - 2 LOT SUBDIVISION - 7:23-8:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron reported this is a request for a 2-lot subdivision to create one additional building site. Both proposed lots meet the LR- i A area and width requirements. Both lots would be served by septic systems and wells, and both have approved septic sites. The existing home on Lot 2 will meet all setback requirements. No wetland delineation has been completed yet and no grading plan has been proposed. There are no woodland or bluff issues. The Park Commission has recommended a park dedication fee rather than land dedication. Road access is a primary concern because the 33' corridor in which North Arm Lane exists, is privately o\vned by the Armstrong family to the north. That 33 ’ corridor contains a 15-20 ’ wide gravel road sending six houses. This road has been maintained by the City for at least thirty years. However, the City Attorney has indicated the City likely can only claim a prescriptive easement over the portion of the corridor which it has maintained as roadway. This leaves a potential gap between the maintained road and the applicant’s property boundary', suggesting that applicant needs an easement to serve the northerly lot. Additionally, staff is recommending that applicant dedicate additional land as dedicated roadway for future upgrade of North Arm Lane, as well as an area for temporary' cul-de-sac. A secondary question is whether Nordi Arm Lane should be upgraded, by whom and at whose expense. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#3 - #2372 Barry and Janiece Haglund - Continued) The applicant questioned whether North Arm Lane is public road. McMillan asked if a road has been maintained, is it deemed a public road. GafTron stated that the City Attorney indicated the City has rights over the portion of road that has been used and maintained, but likely not over the entire width of the 33' privately owned corridor. Lindquist asked if the applicant would be willing to dedicate additional right-of-way for the road, and the applicant replied affirmatively. Gaffron said an additional easement or dedication would be needed for the cul-de-sac and additional area at the southeast corner of the property where the road intersects with North Arm Drive West. Gaffron noted there are no City plans to upgrade North Ann Lane at this time. McMillan asked if the City had any plan to provide access to the north. Gaffron said there is no formal plan, but it is likely that a future access road would be needed to the north and west. At this time there was a short recess for inclement weather. Commissioner Berg left the meeting. When the meeting resumed, Gaffron stated the size of the cul-de-sac would be 100 ’ diameter, centered on the 33' corridor. Only 8 1/2' additional right-of-way is needed along the east side of applicant’s property. It was not. d that at some point the City should probably obtain an easement from the Armstrong property, to solidify the City's rights to that road. The applicant asked that the application not be tabled due to the access issue but noted she understood the City Council has the final decision. Smith noted that other issues such as wetland delineation, storm water and drainage and park dedication would need to be addressed. The applicant said the potential purchaser may want a pond on the site. Jim Neilson, 340 North Arm Lane, asked about easements and Gaffron replied easements are generally required from a subdivider as needed, but the City has alternative ways to obtain easements absent a subdivision. Lindquist moved. Smith seconded, to recommend approval with appropriate conditions. Vote: Ayes 5, Nays 0. Gaffron advised this application would be scheduled for the first June Council meeting for preliminaiy' plat approval. r C.<ONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#4) COMP PLAN AMENDMENT - MUSA LINE - 8:08-8:11 P.M. Gaffron reported the Metro Urban Ser\’ice Area (MUSA) was updated two years ago, and ten neighborhoods were added within the MUSA boundary. The City Council has recently suggested that it would be appropriate to provide sewer in the future to the northeast shoreline of Maxwell Bay and remaining shoreline of Stubbs Bay, west of Old Crystal Bay Road and south of Fox Street. This additional area is the subject of this amendment, and procedurally, after approval by the Planning Commission this would go to City Council, and finally to Metropolitan Council for their approval. The entire process could take approximately two months. Smith asked if there were any questions from the public. There were none. McMillan asked about the Carpenter property and if this time frame would set them back. Gaffron replied it likely would not, as the provision of sewer would not change their proposed lot boundaries, although that developer intends to start road construction fairly soon. Gaffron noted there would be septic sites available for each lot if the MUSA amendment ultimately was not accepted by Met Council. However, the City Council preferred the Carpenter property to be developed with sewer. Lindquist moved, Smith seconded, to recommend approval of tlie Comprehensive Plan Amendment regarding the MUSA line. Vote: Ayes 5, Nays 0. (#5) ZONING AMENDMENT - 8:12-8:25 P.M. Gaffron reported the intent of this zoning amendment is to eliminate the use of wetlands for density credit in sewered areas. This amendment resulted in part from a recer.t application in Navarre in which a 10 acre site included 3 acres of wetland was proposed to take advantage of the wetland credit for a twin home develop.ment. The City Coui'.oil concluded that the wetland credit may not be appropriate in either the high and low density residential zones, and suggested eliminating the credit altogether. Gaffron noted that at a recent Planning Commission work session, it was noted that when crediting the flood fringe area along the lakeshore, the creditable area should not include wetland and should not exceed the area of dry land w ithin the property. Gaffron noted that the proposed ordinance revision addresses this concern. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#5 - Zoning Amendment - Continued) Smitli asked for public comments. Chris Valerius, 3750 Bayside Road, stated that when they bought their property in 1992, they were told they could use the wetland credit. Smith asked Gaffron how this proposal affected the current applications. Gaffron replied this does impact any subdivision like that of Valerius. Smith asked whether this zoning amendment goes into effect immediately upon Council approval, and how this would impact current applications. Gaffron noted this is an issue for the City Attorney to review. He indicated th' applicant has applied for a sketch plan review, but has not made a formal preliminary plat application. Gaffron noted the Valerius request shou’d be reviewed by the City Council at the same time this amendment is reviewed. Lindquist asked how long the zoning amendment process would take. Gaffron replied this would be reviewed by the Council at its next meeting, and if adopted would take approximately three weeks until publication. Stoddard noted there could be a refund of application money if Valerius did not proceed. McMillan noted the City Council will be aware of the potential conflict with the ordinance. Stoddard moved, Hawn seconded, to approve proposed amendment upon staffs recommendation. Vote: Ayes 5, Nays 0. (#6) #2361 WILLIAM YAEGER, 310 BIG ISLAND (LOT 64, MORSE ISLAND PARK) - VARIANCES - 8:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant not present. McMillan moved and Hawn seconded to table #2361 to the next meeting as the survey was unavailable. Vote: Ayes 5, Nays 0. (#7) #2364, JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT, 8:26 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant not present. Smith asked to defer this issue and come back to it. (Follows Item #17.) ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#8) #2366 PETER LANPHER, 1359 PARK DRIVE - VARIANCES - 8:27-8:48 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was present. Van Zomeren passed out pictures the applicant provided. Property is zoned LR-IB. Requested are variances for hardcover, average lakeshore setback and side yard setback to allow a pool, deck and shed that were damaged during a storm in 1997 and subsequently replaced without permits or variances to remain. The survey shows that the pool and deck exceed 1,000 square feet and it is therefore considered an oversized accessory structure. The shed needs to be 10 feet from the side property line. The existing garage is also an oversized accessory structure and should be 15 feet from property line. The pool and deck exceed 1,000 square feet and are required to be 30 feet from the side property line. Applicant is asking to keep the pool, deck and shed which require several variances for hardcover in the 75-250' setback, average lakeshore setback and side yard setback. There is a separate issue with the location of retaining wall. However, the applicant provided a legal document from Hennepin County to staff. The staff originally thought the wall may be on the neighbor's property and the applicant thought the survey was incorrect. Van Zomeren stated that staff could not recommend approval because they were built without permits or variances. Four years after the pool was originally constructed in 1972, the variance was requested after it was determined that it was built without permits. Storm damage is viewed as providing an opportumty for compliance. Applicant stated he moved in 1986, the house vas built in 1968, and the pool was constructed in 1972. In 1976, when the garage was constructed, there would have been a hardcover issue. He is concerned that the 1976 survey is not the same as the 1998 survey. Applicant could move the shed on the other side, but there would be a drainage issues. Stoddard said he wants to be sympathetic, but has to look at the after-the-fact variance requests. It is common to ask for smaller deck, etc, when there is a hardcover issue. Smith asked how reconstruction occurred without a permit. Applicant said only the comer of the pool was destroyed, and the pool people thought panels could be replaced initially. Later it was discovered that more work was needed. Replacement parts are no longer available. Smith asked if no one thought to call the city and ask if permits were needed. Applicant said he thought there wasn’t enough damage to require permits, and he was only replacing what had previously existed. The mortgage company decided there was 100% replacement cost. 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#8 - #2366 Peter Lanpher - Continued) McMillan asked if it was already grandfathered in? Smith said if it had come by as a request for repair, the Commission would have looked at what could be removed to ease hardcover issues. Lindquist asked if there was any addition to hard cover issues. Applicant replied nothing was added. Stoddard asked '.vhat can be reduce to alleviate what is excessive hardcover. Applicant said he had been doing everything he could and eliminated part of the driveway. He is rvilling to remove gravel. Smith asked for any public comments. There were no public comments. McMillan moved. Lindquist seconded to approve #2366 for a\ erage lake shore setback, side yard setback with pool, deck, and shed to remain and variance for hardcover in the 75-250 ’ setback with no future hardcover increases. Vote: Ayes 5, Nays 0. Gaffron said a four foot wide access to lake would be allowed. (#9) #2367 LAWRENCE GLEASON, 140 HACKBERRY HILL - VARIANCE - 8:49-8:52 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren passed around photos of this lot to Commissioners. She noted it is surrounded on 3 sides by a city park. It conforms to lot area. The applicant has requested a side yard variance to add a larger bedroom. The current bedroom is lO’xlO ’, and the applicant would like to take the smaller bedroom and change it into walk-in closet and extend the existing bedroom to 10 ’xl5'. Staff recommendation is to approve side yard variance as there is no impact on adjacent property Applicant has no comments. Smith moved, Hawn seconded to recommend approval of #2367. Vote: Ayes 5, Nays 0. ‘ r ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#10) 2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES - 8:53-9:15 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren distributed pictures of the subject property. It is located in an LR-IB district. The applicant is requesting a hardcover variance in the 75-250' setback, a bluff setback and average lakeshore setback variance. A street side deck, addition and a lakeside deck is proposed. The applicant proposes removal of the sidewalk and a parking area. Current hardcover is at 24.14%. Staffis concerned because of topography to the lake and the bluff. The sidewalk and parking area should be provided due to topography and vehicular sight lines. The application meets structural coverage requirements, but the staff is concerned about bluff impact. The applicant stated that the lakeside deck is existing but needs to be repaired. Mr. Olteson said that the house is narrow and it makes sense to go to the right (east), rather than left (west) where the neighbor's house is located. Smith asked would the bluff be better protected if moved just a foot or 2 on south side? Applicant replied the ravine is f ill of trees, and he is not concerned with erosion as it had been that way for 50 years, fhe neighbors to the west favor the proposal. The neighbor to the east was concerned about the ravine. Florence Hagberg, 740 North Arm Drive, is concerned with the ravine. McMillan asked if applicant is taking out trees. Applicant said two trees are too close to house. Smith asked if ♦he Engineer had looked at the plan. Van Zomeren replied that she and Gappa have talked about it. Applicant said the deck is needing replacement due to rotting tresses, and is adding some new deck, but the new deck will not further encroach into the lakeside setback. Stoddard said he had no problem with hardcover, but said if it was a new project, it vvould not be done at all. Smith summarized the Commission's concerns and would like assurance from the Engineer regarding impact on the ravine. Smith moved, Lindquist seconded to table the application and come back to the Planning Commission at the next meeting after the Engineer’s review. Vote: Ayes 5, Nays 0. ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#11) #2369 - JOE AND MARY FIEDLER, 365 WEST LAKE STREET - VARIANCES - 916- 9:41 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. Gaffron said the applicant's request is for lot area, lot width, side, rear and side street setbacks and hardcover, for replacement of the e.xisting residence. The applicant is also removing existing shed and replacing it with a detached garage. Gaffron noted various issues considering replacing the existing house, noting that the lot is too narrow for any new construction to meet setbacks without the need for variances. Staff is recommending approval of lot area and width variance, as well as the side and street setbacks for construction of a new house and garage. Gaffron noted the side street setback could be increased by reducing the house width. He noted that staff will not recommend a variance for a lot coverage, which would require reducing the footprint size of the house or the garage. Staff also recommends that a drainage and grading plan be provided. Gaffron also noted a letter was received from Robert Erickson, 847 Tonkawa, the neighbor to the east, suggesting there is insufficient hardship to approve the required variances. The applicant had no fiuther comments. Robert Erickson commented that the City sets ten criteria for undue hardship to establish the need for a variance. His conclusion is this proposal fails to meet nine of the ten criteria. He requests that the variances be denied and that he would like to meet with Fiedler to discuss other possibilities for the site. Lindquist noted the applicant is attempting to put too much house on this small lot. Smith and McMillan agreed. McMillan noted if the size of the house is reduced, it may reduce he number of vari^ces. Gaffron noted that Orono considers this as an existing buildable lot because it has been provided with sewer. Stoddard agreed that it is a buildable lot but redevelopment is difficult. After additional discussion about possible revisions to the proposal. Smith moved, Hawn seconded to table the application. Vote: Ayes 5, Nays 0. ( I t i ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#12) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD CONDITIONAL USE PERMIT - 9:42-10:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted. - V/RIANCE AND Applicant was present. Gaffron reported this is a request for variances for hardcover as well as a varianee and conditional use permit for grading within 5' of a lot line for construction of a new residence to replace the existing home on the property. This is a conforming lot as to lot area, and meets the 80% width standard for the LR-IC zone. Applicant proposes to tear dow-n the house and garage, and replace it with a house that meets the lakeshore setback and side setbacks. The applicant proposes to lower the top of the hill, and this requires grading within the 0-75 ’ and 75-250 ’ zones. Grading in the site would result in fill from the new basement excavation being placed near the road to accommodate a new attached garage. The applicant proposes a walkout which requires excavation in the 0-75 ’ zone. Gaffron noted that staff recommends approval of a hardcover variance, but because of the loss of mature trees, it is difficult to recommend cutting down the hill. Staff also recommends denial of the excavation to create a walkout based on past City practice and the goals and policies against shoreline topography changes as noted in the Comprehensive Plan. The applicant noted he bought this property with the intent to build a walkout residence. He stated that the neighbors are in favor of cutting down the hill, and this would make a more gradual slope from the lake. Lindquist asked if the hardcover calculation.*^ were done by a surveyor. Applicant replied no but he felt they are accurate. Gaffron noted he only included the hardcover items shown on the survey. Hawn asked if this was a bluff Gaffron replied it did not meet the criteria to be considered as a bluff. Mrs. O’Keefe said there is a hardship, as they need something on the south side of the lot to get to the garage, noting the topography of the site. Lindquist asked for any public comments. There were none. Applieant noted that grading in the 0-75 ’ zone will be necessaiy’ to remove the present house, so that excavation to create a walkout would not require much additional work. Gaffron noted that the problem is there will still be a substantial cutting in the 0-75 ’ zone to create a walkout once the present foundation is removed and the site brought back to match existing grades. r ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#12 - #2370 Gary O’Keefe - Continued) McMillan asked if cutting the hill was intended as a means to obtain fill for the back of the site. Applicant replied no it was to make the lot more level with the neighboring properties. After additional discussion with applicant and indications by various Commission Members that the proposal could not be recommended for approval without certain revisions. Lindquist moved. Smith seconded, to table Application #2370. Vote: Ayes 5, Nays 0. (#13) #2371 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING - CONDITIONAL USE PERMIT - 10:08-10:12 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported the applicant is requesting a conditional use permit for land alteration in a floodplain to scrape one inch of lawn to fill in another area in the yard. Approximately 40 yards would be used to top the fill and 50 cubic yards to be redistributed. Staff is recommending approval subject to applicant installing silt fencing and obtaining proper approval from other agencies. Applicant is doing this project in compliance with the Watershed District as there is a wetland. Smith asked any for public comments. None. Hawn moved, McMillan seconded, to recommend approval to grant conditional use pennit. Vote: Ayes 5, Nays 0. (#14) #2373 STEVE BECK, 2795 SHADYWOOD ROAD - VARIANCE - 10:13-10:30 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant present. Van Zomeren reported it is zoned LR-IB. and applicant is asking for a hardcover variance to allow a deck away from the Narrows Chaiuiel. Approximate hardcover of 19.3 % is proposed to build a deck on the w est side of the residence. The house is 8 feet from the channel. Staff is recommending to remove hardcover to comply. r ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#14 - #2373 Steve Beck - Continued) Applicant noted the topographical map with the packet was incorrect. He also said he had a hardship because of the Narrows ’ noise and traffic. Applicant is interested in removing some of the existing badminton court, (presently a basketball court) approximately 4U square feet of hardcover. Hawn stated the Narrows is a hardship. McMillan is in favor of removing 40 feet of the court. Applicant asked about the 2 foot overhang. Van Zomeren said it is considered an encroachment into the required setback. Lindquist would like to see the court completed removed from within the 0-75' setback. McMillan moved, Lindquist seconded to approve application for hardcover variance to allow construction conditioned upon applicant removing 40 squ?*-*; feet of hardcover in the 0 to 75' Vote: Ayes 3, Nays 2. Opposed Hawn and Stoddard indicating there should be a greater reduction in hardcover. Lindquist stated the City Council may ask for whole court to be taken. (#15) #2374 BUSSE CONSTRUCTION ON BEHALF OF: Greg and Myra Karlen, 630 Deborah Drive b. Larry and Jan McCartney, 755 Hunt Farm Road c. Robert and Julie Hanning, 4220 Sixth Avenue North d. City of Orono, McCulley Road parking lot north of the Luce Line Trail CONDITIONAL USE PERMIT - 10:31-10:37 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Applicant was present. approval for:Van Zomeren stated it is a joint staff report and passed photos. Staff is rcv a. 630 Deborah Drive, with no conditions. b. 4220 6th Ave. N., as it will tie into the existing berm. c. 755 Hunt Farm Road, will screen the McCartney’s residence from the County Road d. McCulley Road parking lot. Is used for snow storage by the city. There is a need to install a silt fence and to delineate the wetland at the McCulley Road location. The grade will change to the Luce Line Trail, however, it cannei have a slope that prevents DNR maintenance vehicles from having access to the Luce Line trail or from handicap accessibility to the trail. The berms will have natural vegetation. McMillan asked if the parking lot was used by cars. Van Zomeren r-'perted yes, when it is dry, and this is the intended use. McMillan asked if it will it be marked for parking.' Van Zomeren said the DNR wanted it for parking, and Gappa says ii needs to be filled in order lo be used for parking. There were no public comments. McMillan moved. Smith seconded, to approve for conditional use permit. Vote: Ayes 5, Nays 0. J r ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 SKETCH PLANS (#16) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD Gaffron reported this is a proposed subdivision for property that contains 3.31 acres of dry land. Wetland credit is requested for subdividing the property. The proposed subdivision will create one new lot containing about 1.3 acres of dry land and just under one acre of wetland. There is a vehicle c.^isement which cannot be counted in buildable acreage for Lot 1. Lot 1 requires a variance for lot width. If council agrees with the premise that the property was not assessed a second sewer unit and is not 'served with sewer’, then a lot area variance is required. Council may choose to grant the wetland credit, if it concludes the property js sewered, but it is staffs understanding it is not their current intent to grant wetland credit for properties in the 2-acre zone. The existing shed would have to be removed because it becomes an accessory structure without a principal structure. Lot 2 would have lake access, but Lot 1 would not. Park dedication fee vs. land dedication, and sewer connection charge prior to plat approval are other issues, but this is a sketch plan. Another option for applicant, is to sell some land to the neighbor. Because this is a sketch plan, no formal action is necessary. Staff will take this sketch plan directly to Council, along with the proposed wetland cred’t amendment. Applicant noted she has submitted a petition signed in support of her plan by neighbors within 300 feet, except for one. Stoddard noted the coincidence in the timing, and would like City Council to look at this proposal and the proposed amendment at the same time. If not approved, the City Council should look at reiending the money. Stoddard noted the City receives many requests for width variances, and not many pass. The applicant stated she was told by the City that she w'ould be able to subdivide once sewer was available to the Stubbs Ray area. (#17) #2375 PARK LAND CO. - 2525-35-45 SHADYWOOD ROAD Van Zomeren reported this is a sketch plan with an option for 40 unit apartments. She distributed pictures. Tliis property has three separate parcels, two in front with B-4 zoning, and one back lot which is zoned LR-IB residential with a proposed d-’nsity of 14.1 units. Van Zomeren stated the Comp Plan calls for this area to be urban service area. The big issue is the proposed density. Several options are available to amend B-4 to allow apartments. Creating a new zoning district may be inconsistent with Comp Plan. A proposed overlay district could be drafted that would allow apartment buildings with commercial uses. ORONO PLANNING C0M^^SS10N MEETING MINUTES FOR MAY 18,1998 (#17 - #2375 Park Land Co. - Continued) Park dedication fees for this property range from a minimum of $2,900 to a maximum of $4,900 per unit according to Gaffron. Van Zomeren stated another issue is sewer and indicated 4 units, while applicant thought there may be six. Smith asked if the overlay plan has been discussed with City Council to which Van Zomeren replied it hadn’t, but it had been used a lot in other cities. She wouldn't recommend that unless it met the Comp Plan. Lindquist asked if it would take change in how it is set up. Van Zomeren said now the highest density is 3 units per acre, and this is closer to 14. Lindquist replied that the proposed use realistically would not happen. Smith said it doesn't reflect on quality, but it doesn't fit on how it is zoned. Steve Young said he realizes he is asking for more units than the current zoning code allows. He questioned what could be reasonably developed there and he appreciates comments that it is not an intent or design base. Smith asked Young if he would considc: einer uses. Applicant said there is not a lot of interest in retail or business, that housing is the market, and condominium units may be possible. Gaffron said the staff was directed by the City Council to put on a high level burner looking at B-5 zoning, and he thinks we should be looking at the entire Navarre area. Stoddard said he liked the plan, but it comes down to zoning and density and the current zoning is the best fit for the neighborhood. The applicant asked if the Commission believed office use is best. Stoddard replied current zoning is the best for that area. Smith suggested the applicant change the target market. The applicant said he was looking at possibilities, and looking at a target market for seniors that would be a definable project. Stoddard said it all comes down to density. Applicant mentioned the State's 10+ year moratorium on nursing homes and discussed the complex issues of having senior housing available. PLANNING COMMISSION COMMENTS (#7) #2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT Smith moved, McMillan seconded to table agenda item (#7) #2364, John Serena, 4607 Watertown Road, conditional use permit. Vote: Ayes 5, Nays 0. r 'mrnm. i I 5 k I f ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18,1998 (#18) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON APRIL 27,1998 AND MAY 11,1998 McMillan attended the April 27,1998 City Council meeting at which the Council approved a shed for Len Busch. Lindquist attended the May 11, 1998 City Council meeting which discussed Bay Furniture, and Town Line Road. (#19) OTHER ISSUES FOR DISCUSSION. None. (#20) PLANNING COMMISSION APPROVAL OF MINUTES FOR APRIL 20,1998 McMillan asked to amend the minutes on page 2 to reflect she abstained from the Woodhill Country Club vote. Lindquist moved, and Hawn seconded to approved the Minutes of the Planning Commission Meeting of April 20, 1998 as amended. Vote: Ayes 5, Nays 0. (#21) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON MAY 26,1998 AND JUNE 8,1998 May 26 - Hawn June 8 - Smith. Lindquist requested the vice chairman’s seat be rearranged to be next to Chair Smith’s. ADJOURNMENT Lindquist moved. Smith seconded, to adjourn at 11:22. Vote: Ayes 5, Nays 0. Sandra Smith, Chair Person TO; FROM: DATE: Mayor and City Council Ron Moorse, City Administrator April 2,1998 COUNCIL meeting JUN 1 9 1998 CnvOFORONO SUBJECT: Woodhill Country Club Access Update Late morning on Friday, May 12, representatives of Woodhill Country Club met with Mayor Jabbour to advise him that Woodhill Country Club believes they have a legal right to use Woodhill Avenue, that the City has no legal right to stop them from opening the access from Woodhill Country Club to Woodhill Avenue, and that the Country Club was going to take steps to exercise their right to obtain access from Woodhill Avenue and to cause the City to prove its legal authority to deny them access. Early afternoon on Friday, May 12, Woodhill Country Club began work to open the access to Woodhill Avenue. Because the direction to staff from Council was that access from Woodhill Country Club to Woodhill Avenue would be prohibited until further review or action by the Council, and based on the City Attorney's opinion that the City does have the legal authority to prohibit access to Woodhill Avenue, staff made the decision to place earthen and wooden barricades on the right-of- way to prevent access from Woodhill Country Club to Woodhill Avenue. On Thursday, June 18, the City received a letter from Woodhill Country Club requesting that the City Council, at its Monday, June 22,1998 meeting, direct the City staff to remove the dirt and sign barricades from Woodhill Avenue. A copy of the letter is attached. After discussions \rith Mayor Jabbour and the City Attorney, staff indicated to the Woodhill Country Club that receiving their request on a Thursday prior to a Monday Council meeting did not provide sufficient time to provide adequate notice to the affected property owners, or for staff to prepare a report to enable the Council to make an informed decision regarding the request. Therefore, the request will not be placed on the June 22 Council meeting agenda. The letter provided to Woodhill Country Club is attached. WOODlflLL2 WOODHILL COUNTRY CLUB 200 WOODHILL ROAD WAYZATA. MINNESOTA 55391 473-7333 June n, 1998 The Honorable Gabriel Jabbour, Mayor of Orono Members of the City Council 2750 Kellogg Parkway Orono, MN 55356 Dear Mayor Jabbour, Ladies and Gentlemen: Re: Woodhill Avenue Dear Ladies and Gentlemen: Woodhill appreciates your efforts to improve the dangerous conditions at the intersection of Woodhill Road and County Road 15. Obviously, significant danger continues, which requires Woodhill to exercise its rights to enter club property from Woodhill Avenue. As you are all aware, the west entrance to the Woodhill Country Club, which is the original entrance to the property, abuts Woodhill Avenue, a road platted and maintained as a public thoroughfare since 1887. Woodhill's longstanding access to this public thoroughfare has been illegally cut off by earthen and wooden barricades erected by the City of Orono on Friday, June 12, 1998. Woodhill requests that the City Council order removal of these barricades of the public thoroughfare. Woodhill Avenue has always been a public thoroughfare connecting to the west entrance and private road on the Woodhill property. In May, 1998, Woodhill decided to revise its internal limitation on the use of the west entrance. We informed both thw City staff and neighbors of Woodhill's intention to make these revisions. We were informed by the City Attorney that he has advised you that Woodhill must apply for an amendment to its conditional use permit before Woodhill can use its west entrance on Woodhill Avenue. Our counsel have reviewed the law, and have advised both us and the City Attorney that the conditional use permit doos not need to be amended in any way in order for Woodhill to use its longstanding access to a public road. This obstruction of a public right-of-way creates public nuisance, is a violation of Minnesota law, including Minn. Stat. §609.74(2) and constitutes an illegal attempt to vacate a public right of way. We request that the City Council, at its Monday, June 22, 1998 meeting, direct the City staff to remove the dirt and sign barricades from Woodhill Avenue immediately. Again, Woodhlll, with assistance of its counsel, has carefully considered the facts and the law and concluded that Orono's conditional use permit ordinance does not apply to Woodhill's use of this public street. If the City of Orono comes to a different conclusion, the City may pursue appropriate construction of the law in the courts. The City cannot, however, simply ignore the law and erect barricades across public thoroughfares. We therefore request that the barriers be removed Immediately so that Woodhlll members may resume their use of Woodhlll Avenue. If this obstruction of public right-of-way is not immediately remedied, Woodhlll must seek judicial relief. Sincerely, O C.C Tom Barrett Edward N. Dayton President Woodhlll Country Club END:sa CITYof ORONO Muircipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Mr. Edward N. Dayton PY FACSIMILE President Woodhil! Country Club 200 Woouhill Road Wayzata,MN 55391 Dear Mr. Dayton; At the May 26 meeting of the Orono City Council, representatives of the Woodhill Country Club agreed that, rather than the Council taking action regarding the use of Woodhill Avenue by the Woodhill Country Club, the City would work with the County to improve the sight lines at the entrance to Woodhill Country Club on County Road 15, and would work wth Woodhill Country Club to provide off-duty police officers to direct traffic at times when the access problem would be most acute. The County was very cooperative regarding moving signs and barriers to significantly impruve sight lines. The Orono Police Chief has worked with the Golf Course Manager to schedule off-duty officers on several dates when significant access problems are foreseen due to large events at Woodhill Country Club. The City is also working with the County to reduce the speed limit on County Road 15 from 40 mph to 35 mph in the construction zone. Given these positive steps, the City was surprised and disappointed when it was informed by residents adjacent to Woodliill Avenue on Friday, June 12, 1998 that Woodhill Country Club was taking unilateral action to open the access to Woodhill Avenue. The City's response was to place barriers to prevent access to Woodhill Avenue. On June 18,1998, the City received your letter requesting that the City, at its Monday, June 22,1998 meeting, direct the City staff to remove the dirt and sign barricades from Woodhill Avenue. At its May 26 meeting, with representatives of Woodhill Country Club present, the City Council assured the property o\Miers adjacent to Woodhill Avenue that the Council would not address the Woodhill Avenue access issue again without adequate notice to the affected property owners. On Monday, June 15, the City Attorney advised your attorney that if the Woodhill Country Club was planning Telephone (612) 473-7357 • FAX 473-0510 r \ ‘ : i i' Mr. Edward N. Dayton June 18, 1998 Page 2 to request that the access issue be placed on the June 22 Council meeting agenda, it needed to advise the City early in the week so that the affected property owners could receive adequate notice, and so that City staff would have adequate time to prepare a report to the City Council, Contrary to the City's advice and notification to Woodhill Country Club, the letter requesting action at the June 22 Council meeting was received by the City on Thursday, June 18. The letter was not faxed, which at least would have provided one additional day of notice. The timing of the letter and request has put the City into a difficult situation. The City has had to determine whether to try to contact ♦he affected property owners by phone, which would still give them only two working days notice of the meeting. Also, The Woodhill Country Club has taken all the time it believes it needs to prepare for a meeting with the City Council. It has given the City only two days to prepare for the same meeting. Based on the difficulties caused by the ti-ming of the letter, your request will not be placed on the June 22,1998 Council meeting agenda for consideration by the Council. However, the City remains interested in hearing your concerns and working toward a reasonable solution. To that end, your request can be considered at the next regular meeting of the City Council, which is scheduled for Monday, July 13,1998, To enable all interested parties to plan and prepare for the meeting, you will need to confirm with the City by Monday, June 29 that you want your request to be placed on the July 13 City Council meeting agenda. Also, to expedite the City's action, please forward to the City, at your earliest convenience, any legal papers that relate to your position regarding the access. Sincerely, Ronald J. Moorse City Administrator RJM/lsv cc: Larry Ackmann Tom Barrett t ! : r SUMMARY OF THE JUNE 9,1998 HIGEIWAY 12 INFORMATIONAL MEETING COUNCIL MEETING JUN 1 9 1998 CITY cr GRQNO Members present; Mayor Jabbour and Council Members Hint, Kelley and Peterson Ron Moorse, City Administrator Property owners present: Charles James, Cliff Otten, Howard Eisinger, B"an Fulmer (owner of the "Dog House" kennel), Jim McCafFery representing Sid Rebers, and Bob Erickson The meeting began at 6:30 p.m. with an informal open house type occurred at the large scale map showing the most current preliminary design for Hig y ^ Those present then took seats at the tables organized for a work session format. Mayor Jabbou welcomed all present. Mayor Jabbour provided a brief introduction and general background regarding the deam He indicated the City of Orono is opposed to providing an access from new Highway 12 at vZIv Drive He also pointed out how access to and from current Highway 12 would oc^r at he County Road 6 and Highway 12 interchange. Council Member Kelley indicated he b«''«''es the a conLous right turn with a separate lane from the loop from westbound new Highway 12 to westbound County Road 6. Cliff Otten indicated the 6 and 12 interchange will make it more difficult to get to Long Lake frorn the west. The interchange will require traffic from the west to exit up to the bndge. make a left ha turn across the bridge, then a right hand turn onto old Highway 12. There was discussion regarding the plan by the cities of Orono and Long Lake to have a service road J^^erwiC Drive®and Old Costal Bay Road. Bob Erickson incoroorate this service road into the Highway 12 project. He also indicated that a route for this service road needs to be set before Cliff Otten moves ahead with plans to construct a building on property that is on the current planned route for the service road. Charles James suggested that the City needs to develop a vision for ‘h' basis for determining the type and location of development along current Highway 12. He suggested S 0 provide an access from new Highway 12 at Old i ratc^st Crystal Bay Road provides a connection to the south Mr. James suggested orovided bom new Highway 12 to the Highway 12 commercial area, downtown Long Lake will turn fnto a "Linden Hills". (Note: It is staffs understanding that Linden Hills is a neighborhood nwr Lake Harriet with both destination retail and neighborhood retail services in a pedestnan-onented setting. This is much like the vision Long Lake has for its downtown area.) Kelley indicated that his vision of Orono is to preserve Orono's rural environment and to avoid making Orono a destination for retail customers. Minnesota Department of Natural Resources June 11,1998 OFFICE OF THE COMMISSIONER 500 Lafayette Road St. Paul, Minnesota 55155-4037 (COUNCIL MEETING JUN 1 9 1998 CTTYOFORONO Mr. Ronald Moorse City Administrator , City Of Orono 4625 West Branch Road Orono. MN 55323 RE: FY 1999 Natural and Scenic Grant Program Application Grant amount: $75,000 Saga Hill Park Dear Mr. Moorse: I am pleased to inform you that your application for the Natural and Scenic Grant Program has competed successfully for funding. Funding for this program is appropriated by the Legislature upon recommendation of the Legislative Commission on Minnesota Resources. We anticipate being able to offer you a grant for the amount shown above contingent upon the final processing of your application. You will be contacted shortly by a staff member from the Local Grants Program regarding the final processing requirements for your application; DO NOT incur any project costs. This notice does not constitute final approval of your project. Any work completed, money spent, or obligations incurred for acquisition or development of your project prior to final approval are ineligible and cannot be paid for with grant funds or used as the local share. The Local Grants Program staff are looking forward to working with you on this project. If you have any questions, call Wayne Sames at (612)296-1567. Congratulations. Yours truly, Commissioner DNRInfomialion: 612-296-6157. 1-800-766-6000 • TrY: 612-296-5484. 1-800-657-3929 • FAX; 612-296-4799 Printed on Recycled Paper An Equal Opponunity Empl.-ycf Containing 10<i Pos.-Consumcf Waaie JUH-lS-1993 11:37 Gray Freshwater Center Hwys. 15&19. Navarre MIMIIEHhHh CPEEt. IJATEPSHEE'312471063.P.02 02Minnehaha Creek Watershed Districthnprovhi^ Qjfctlity ofWhti% Qtuility of Life MEMORANDUM COUNCIL MEETING JUN 1 9 1998 emroFORONo Man: 2500 Shadywood Road E«eIsior.MN 55331-9578 Phone. (612)471-0590 Fax: (612) 471-0682 Email: adminOminnehahacreek.org Web Site: www.mlnnehahacreek.org Board oi Managers Pamela G. Glixt James Calkins Lance Fisher Monica Gross Thonras W. LaBounly Thomas Maple. Jr. Malcolm Reid District Office: Diane R Lynch Distnct Administrator DATE: TO: FROM: RE: June 18,1998 Mayors and City Managers Cities and Towns in the Watershed District Hennepin and Carver Counties Board of Commissioners Diane Lynqti-j^vH'^ Resignation Effective July 3, 1998,1 will leave my position as the District Administrator of the Minnehaha Creek Watershed District and return to my consulting business. Thank you for your continued support and assistance as the District moves in new directions. I have enjoyed assisting the District through some very challenging times. I believe I provided leadership and stability during that time and successfully helped build a new foundation for the District. We have a strong staff in place to carry on the many important activities of the District. We are also following a new long-range plan and the District will continue to move forward and implement the recommendations of the Board of Soil and Water Resources, Hennepin and Carver counties and our constituents. District staff will notify you with information on the new District Administrator as soon as that person has been selected. Peter Cangialosl. Project Coordinator and Assistant District Administrator, will coordinate the activities of the District in the interim. Please call me if you have any questions. I wish you the best. PiVied on itCfM P3P« certiThra tiMt 3C% TOTAL P.O. : 02 C. P. Pesek1235 Lyman Ave, Orono MN. r~ ~ . P.02 JUi i ■) Cl i '•>0 June 20, 1998 Mayor Gabriel Jabbour City of Orono P.O. Box 666 Orono, MN 55323 Dear Gabriel: I am very concerned about the city’s acuci’i to physically block the entrance to Woodhill Country Club by an extralegal and arbic iry act. Clearly, yiHJ and the city council have been influenced by three or four people on Woodhill Ave. who are probably relatively new residents (or they would have been aware of the rear entrance), at the expense and safety of several hundred Orono residents who are members of Woodhill. Rae and 1 and our guests cannot use highway 15 to drive to Woodhill because it is too risky to attempt to turn left on that road. Instead, we must drive to Woodhill through Wayzata via highway 12 which is several miles out of our way. I suggest that the entire Orono council and police department try to turn left from Oromo Orchard Roads onto #15 at 6:00 pm on a week night. It is dangerous and virtually impossible. The rear entrance to Woodhill avoids this left turn and it is the legal, logical solution! When 1 was on the Orono Planning Commission and the Orono City Council in 1976-79, we tried to base our decisions on logic and to the benefit to the most people it there was a dispute. I think that this council should do the same. The residents of Woodhill Ave. are not being deprived of a property right, but the citizens of Orono that are members of Woodhill are being deprived of a property right which is safe access to their property. 1 urge you to remove the barriers and allow complete access to Woodhill Country Club via Woodhill Ave immediately. The city of Orono is clearly in the wrong on this issue. Sincerely, Paul Pesek Orono Council 1978-9 Chairman, Orono Planning Commission 1976-77 ,.. j,: