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04-27-1998 Council Packet
r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 27,1998,7:00 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 City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL 1.CONSENT AGENDA COUNCIL MEETING APR 2 7 1998 APPROVAL OF MINUTES ^ 2. RegularMeetingof April 13,1998 criY or ORONO 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 #2308 Brook Park Realty, 3760 Shoreline Drive - PRD & Class III Preliminary Subdivision #2325 Lake Country Builders on behalf of John & Cindy Olson, 950 North Arm Drive - Variances - Resolution #2350 Kevin & Lisa Olsen/James & June Touve, 4196 North Shore Drive - Preliminary Class I Subdivision - Resolution #2352 Rick Fredricksen representing Woodhill Country Club, 200 Woodliill Road - Conditional Use Permit - Resolution #2354 Konrad Kruger, 520 Hanlon Avenue - Variances - Resolution #2356 Jon & Diane Rappaport, 3067 Farview Lane - Vacation of Drainage Easement - Resolution #2358 Randy & Marie Staffanson, 1422 Park Drive - Variances - Resolution 10.#2359 Hestia Homes, Inc. on behalf of Matt & Karen Parks, 825 Forest Arms Lane - Variances - Resolution ^11.#2360 Anthony Kmetz, 640 Orchard Park Road - Variance - Resolution 12.#2362 Bob Howa»'d, 1300 Shoreline Drive - Variances - Resolution 13.#2353 Len Busch, 1265 Shoreline Drive - Variance - Resolution John Dalbec Request for Council Determination Regarding the Keeping of Horses at 30 Orono Orchard Road North 3.#2308 4.#2325 T 5.#2350 V 6.#2352 4i.blc 7.#2354 8.#2356 9.#2358 10.#2359 11.#2360 12.#2362 13.#2353 14. MAYOR/COUNCIL REPORT ENGINEER REPORT 15.County Road 15 Co-op Agreement Right-of-Way Payment J AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 27,1998,7:00 P M ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT 16.Schedule Public Information Meeting Regarding Townline Road 17.Schedule Meeting with Highway 12 Property Owners and Business Owners 18.Part-Time Police Officer Christopher K. Fischer PERA Resolution CITY ATTORNEY'S REPORT *19. LICENSES *20. BILLS UPCOMING ISSUES AND EVENTS 1928 04/20 - Planning Commission, 6:30 p.m. 04/22 - Board of Review, 7:00 p.m. 04/25 - Joint Orono/Long Lake Cleanup Day, 8:00 a.m. - 2:00 p.m. 04/26 - March for Parks, 10:00 a.m. - 3:00 p.m. 04/27 - Council Meeting, 7:00 p.m. 05/02 - Goodwill Collection Day, 9:00 a.m. - 1 :00 p.m. 05/04 - Park Commission, 7:15 p.m. Femdale Road Project Public Information Meeting, Redeemer Lutheran Church, 7:00 p.m 05/06 - Highway 12 Design Review Committee, 5:30 p.m. 05/09 - Joint Orono/Long Lake Cleanup Day-Construction Debris Only, 8:00 a.m. - 2:00 p.m. 05/11 - Council Meeting, 7:00 p.m. 05/14 - Orono Orchards Neighborhood Information Meeting for Sanitary Sewer Project, 7:00 p.m. 05/18 - Planning Commission Meeting, 6:30 p.m. 05/19 - Webber Hills Neighborhood Information Meeting for Sanitary Sewer Project, 7:00 p.m. 05/25 - Holiday - Observance of Memorial Day 05/26 - Council Meeting, 7:00 p.m. :T'T.Tr'.'-* Public A ttendance Meeting D ate i /% J i' C ouncil □Planning C ommission □Park C ommission □Other sp PllASE FELL OUT THE - ^ 4:--^vIKEQUESTED below for our city records . NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 8.. 9.. 10. 11.. 12.. 13.. 14. 1 ^ ^ 1 {) < h-c/ <1 ^/S(3 IL f \R Cl <; 7 !7 (a % S !\<yu. L /A^.p f ^6'/V.co C/*//-4 ---------------------W—■ ' ------ /Jyf - 15._ AGENDA FOR COUNC1J� l\lEETING SET FOR l\10NDA Y, APRIJ ORONO COUNCIL CHAI\'IBERS, 2780 KELLEY PARKWAY, ORI .. � Ii ->I,, �tr � ; �j J � I fct:&f\ � J_ f\ �� Ji l.;. Ai ' �✓ (•) Asterisk items are conside red to be routine items to be enacted upon by one under the Consent Item• on the agenda t v1emos regarding each of the Agenda ite1 Packet -located on the counter near the sign in sheet. ,.._ .. ...-,-cu .. ·� .. ,_,.., • .. .••"F'--�""Dml:--....--;;,� -- ---.. ROLL CALL I.CONSENT AGENDAAPPROVAL OF i\'IINl..iTES • 2. Regular lvleeting of April 13, 1998PARK COi\'li\IISSION COl\ili'\.IENT COUNCIL APR 2 . c11Y er, �= !i: -----400 LAKE I\IINI\'ETONKA CONSERVATIO::--; DISTRICT -Lili ?vtctvfillan, Re� 800 6 -------1200 7 PLAAl'.l�G COl\1t\'IISSION COi\Il\lENTS -Lili tv tcMillan, Representative PUBLIC COl\111\ilENTS -(Limit 5 Minutes Per Person) zo:,il1'C ADl\llNISTRATOR'S REPORT3. #2308 Brook Park Realty, 3760 Shoreline Drive -PRO & Class III Pr4. #:2325 Lake Country Builders on behalf of John & Cindy Olson, 950 '"'Resolution 5.#2350 Kevin & Lisa O lsen/James & June Touve. 4196 Nonh Shore 6 .J, .... •!T_J)- 7.#2354 Subd ivision -Resolution Rick Fredricksen representing \\'oodhill Country Club. :'00 woo Pennit -Resolution -+------+------+-------------+------+---160() 8.#2356r/2358I 0. #2359 Konrad Kruger, 520 Hanlon A,·e11ue -Variances -Resolution Jon & Diane Rappaport. 3067 Farview Lane -Vacation of Drai Randy & Marie Staffanson. 1422 Park Drive -Variances -Res1 !Iestia Homes, Inc. on bet-.alf of �1att & Karen Parks, 825 Fori8 �-+------+------+------------4-----4--200() LME TON't.A 9 11.#236012.#236213.#235" 1 .. Resolution Anthony Kmetz, 640 Orchard Park Road -Variance -Resolutic Bob Howard, 1300 Shoreline Drive - \' ariances -Resolution Len Busch. 1265 S horeline Dri\·e - Varin.nee -Resolution John Dalbec Request for Council Detenninarion Regardin2 ti Orono Orchard Road :--iorth � J..�l dftr�M 1 •"'1''1 ... �{ I I J 'h A I I 2400 1\-lA YOR/COUNCIL R£POR ./ ./ ./ . � , j-1,w .,�....... � .. -'· '· K BAY • e,r;o.»a • ·-·- ENGINEER REPORT 15. County Road 15 Co-op Agreem.:nl Right -of-\\'ay Payment(�/ . I I I 10 -·./ I I I , . . . 2800 ✓•• -· ✓11 _,. 4000 r 36()0 ·n 3200 E 2aoo F 2400 G 2000 H 1600 I 1200 J � K 400 L 0 >rono, Minnesota w 11m· 1�,,�"" �� •�!'!!-north .._._ '"" _._.. • Index Map nng WWW:S,IOQ. •• I !,v,�,12· NO',•. ', 1110 Hl't. II, IIU 'U:l'T 7, 1990 ....... "r• •· ,,.,_ .lllt« JO, ... ,,C ,. 1191 ....,._.,.,.,_ MIG. te,NI &rllll I, IH) ll£. n. ... WII. 17,1119 JUI. If, II" r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 COUNCIL MEETING APR 2 T 1998 ROLL CITY cr ORONO Ton, Kdlogg, and Recorder Lin Vec. Mayor Jabbour called the meeting to order at 7:00 p.m. (*#1) CONSENT AGENDA Items #13, 14,15,16 and 20 were added to the Consent Agenda. Peterson moved, Kelley seconded, to approve Uie Consent Agenda as amended. Vote: Ayes 5, Nays 0. (#2) RECOGNITION OF BRUCE ANDERSON - RESOLUTION NO. 4060 rank of corporal in 1994. Goetten moved, Peterson seconded, to adopt Resolution No. 4060 recognizing Bruce Anderson for his 20 years of faithtV’ service to the City and its citizens. Ayes 5, nays 0. (#3) AREA FIRE CHIEFS PRESENTATION The following Fire Chiefs were present; Mike Brown, Long Lake; Greg Pederson, Mound, Dave Eisinger, Maple Plain; and Paul Klapprich, Wayzata. BroNvn has been with the Long Lake Fire Department for 35 years. He reviewed a recent training bum that was held along with other neighboring Fire Departments. Goetten questioned the high number of false alarms listed in the Febtuapr report. She asked «hat measures would be taken to address the situation. Brown responded that tracked differently this year, and that Orono had increased their fees. ITie increase m calls could aLo be attributed to a growing population with more ..ome alarms. from ^d oV«off the alarm. r L_ ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (U3) Area Fire Chiefs Presentation - Continued Jabbour asked that the Department notify neighbors when they have a training bum scheduled as he had received calls from concerned citizens. Brown responded that the property owner is supposed to notify neighbors. If neighbors are overly concerned or express negative feelings, the bum is not done in that area. Goetten suggested a phone number placed on a sign in the yard would help neighbors with questions. Dave Eisinger, Maple Plain Fire Chief, has 23 years of service in the Maple Plain Department. He gave a brief description of the services am! equipment available in Maple Plain. He explained the Explore program in which high school students, ages 14 to 18, are trained to help fire fighters in the "cold" or "safe" zone during a fire. Goetten asked for an explanation of trench rescue. Eisinger explained that type of rescue is used in manholes or collapsed buildings. Peterson questioned the term SCBA. Eisinger responded that SCBA stood for Self Contained Breathing Apparatus which is used for the proper intake of air by fire fighters. Jabbour asked about the use of an IRIS carnert^ Eisinger explained that neither Long Lake nor Maple Plain have the camera, but Mound has l . which they will share. Orono contributed to the purchase of the MounJ camera. Goetten asked the cost of this type of camera. The cost is approximately $25,000 and Maple Plain is fund raising to make this purchase. Greg Peterson, Mound Fire Chief, has been with the Mound Fire Department for 23 years. He shared some interesting facts. Apprv.ximately 60% of their calls are fire related while 40% are medical calls. Approximately 12-13% of their calls are for Orono residents. He added that one of the Department’s biggest issues, particularly in Orono, is accessibility to residences. Pederson noted that a ver>' good meeting had been held with Chief Cheswick, Moorse and the other Fire Chiefs. There is a very good working relationship between the four Fire Departments serving Orono and the surrounding communities. Paul Klapprich, Wayzata Fire Chief, has been with the Department for 35 years and Chief for 14 years. Me explained that Wayzata responds to approximately 25 calls in Orono out of a total of 260 calls. False alarms have not been a serious problem. Wayzata is also considering the purchase of an IRIS camera, but they are also able to use a camera from a neighboring community. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (#3) Area Fi^e Chiefs Presentation - Continued Jabbour questioned how Wayzata would access fire calls in the County Road 15 area during construction. Klapprich responded that he had retired from the Hennepin County DOT aiid ha? a close relationship with the Department. There was only one residence with an access problem. Kelley asked abrut the recruiting process for new fire fighters. Wayzata had 2 openings with 4 applicants. Mound had 2 openings with 6 applicants, Maple Plain had 6 openings with no applicants, and Long Lake had 1 opening with no applicants. It was explained that approximately $5,000 is spent on training a new fire fighter in the first year, so they are very selective in their application process. Physical and agility tests are required for new recruits. Jabbour expressed his appreciation to the four Fire Departments for their service to the community. He commented that Orono is seeking to employee a Fire Marshal. Goetten noted a recent fire next to her home on Shoreline Drive, and also expressed her appreciation of the work fire fighters do. APPROVAL OF MINUTES (#4) REGULAR MEETING OF MARCH 9,1998 Peterson moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 9, 1998. Vote: Ayes 5, Nays 0. (#5) REGULAR MEETING OF MARCH 23,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of March 23, 1998. Vote: Ayes 4, Nays 0. Kelley abstained as he did not attend the meeting. PARK COMMISSION COMMENTS Park Commissioner Wilson explained that Dickey Park is to be maintained as a passive park. The Park Commission is considering planting some native American vegetation and consulting a landscape planner. The Park Commission plans to update the beach regulation signs for the upcoming season. The March for Parks is to be held April 26. Volunteers are still needed to assist with the event. J r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (U3) Area Fire Chiefs Presentation - Continued Jabbour questioned how Wayzata would access fire calls in the County Road 15 area during construction. Klapprich responded that he had retired from the Hennepin County DOT and has a close relationship with the Department. There was only one residence with an access problem. Kelley asked about the recruiting process for nev/ fire fighters. Wayzata had 2 openings with 4 applicants. Mound had 2 openings with 6 applicants, Maple Plain had 6 openings with no applicants, and Long Lake had 1 opening with no applicants. It was explained that approximately $5,000 is spent on training a new fire fighter in the first year, so they are very selective in their application process. Physical and agility tests are required for new recruits. Jabbour expressed his appreciation to the four Fire Departments for their service to the community. He commented that Orono is seeking to employee a Fire Marshal. Goetten noted a recent fire next to her home on Shoreline Drive, and also expressed her appreciation of the work fire fighters do. APPROVAL OF MINUTES (U4) REGULAR MEETING OF MARCH 9,1998 Peterson moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of March 9, 1998. Vote: Ayes 5, Nays 0. (#5) REGULAR MEETING OF MARCH 23,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of March 23, 1998. Vote: Ayes 4, Nays 0. Kelley abstained as he did not attend the meeting. PARK COMMISSION COMMENTS Park Commissioner Wilson explained that Dickey Park is to be maintained as a passive park. The Park Commission is considering planting some native American vegetation and consulting a landscape planner. The Park Commission plans to update the beach regulation signs for the upcoming season. The March for Parks is to be held April 26. Volunteers are still needed to assist with the event. J ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 Park Commission Comments - Continued The annual Park Tour is scheduled for June I beginning at 6:30 p m Wilson invited all Antoinne Park, the P^k Commission hopes to have brief opening ceremony. Open space areas in Orono will also be obsers-ed during the tour. c"pr„'t:^ " "“-Pi" PLANNING COMMISSION COMMENTS r anning Commissioner Jan Berg had no comments. PUBLIC COMMENTS few a^^Ilrd lirii H *is area is zoned residential with discuss their plans “th cW saff.”°Prospective applicants for a CUP *e iXim°rf'^‘ 'It’l^ P™'''““"s in the zoning code which would allow some uses during tLTa'ZTcM " '-Pros f- Srodance as to fppmpriit"°'“PProe use may be !ll“’“ ro«roo discussing a State Statute that would allow for interim es with a deadline date for the use to cease. He agreed with Kelley about possible t ffice use of onnn Suggested an Interim Use Ordinance be adopted which would gi\. Council an opportunity to approve or disapprove each interim use. sua"’ «'“'<='>^ro #19 regarding the Industrial ZoneMoratonum.Gaffron suggested discussion continue during that item. 1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 ZONING ADMINISTRATOR’S REPORT (#6) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY SUBDIVISION PLANNED RESIDENTIAL DE\TLOPMENT Attorney Tim Keane, 7900 Xerxes Avenue, Bloomington, MN 55431, was present on behalf of the property ovsTier, Tonka Venture, and applicant. Brook Park Realty. Keane presented a letter to the Mayor and Councilmembers regarding their proposed planned residential development and preliminary plat subdivision. He explained that they had met with Councilmembers in a work session format to work on an agreeable plan, but such plan had not been accomplished. Keane stated that the time for the City to exercise its zoning authority had expired. He reviewed Minnesota Statute 15.99 which provides a 60-day time limit to approve or deny an application. The intent of the Legislature was to give land use requests a reasonable review period. Ten days are allowed to review an application and deem it complete or incomplete, providing sufficient reasons if found incomplete. The agency then has 60 days to act on the application. An additional 60 days may be granted if the reason for the extension is provided in writing to the applicant. This application for a PRD and preliminary subdivision was filed on September 26, 1997. It proceeded through reviews by Planning staff, consultants and the Planning Commission. Recommendations were given to Council, but the application had stalled with Council. Keane stated at this time, the application should be deemed approved as submitted according to State law. If Council does not agree, the applicant would ask a Judge to make the determination. Jabbour asked if the client feels this law applies to the subdivision code as well as zoning code. Keane referred to Minnesota Statute 462.358, Subd. 3 (b) whicn imposes *. time guideline. The subdivision approval would be allowed 120 days; 60 days for preliminary plat approval and 60 days for final plat approval, as these arc two separate applications. Jabbour stated that Council has not denied the application. He added that at the December 8, 1997 meeting a substantial amount of direction was given to the applicant. The City did not hear from the applicant again until mid-Januar>'. The applicant did not feel he had strong direction from Council. Jabbour stated many issues were discussed including a cul-de-sac, egress-ingiess on county Road 15, public safety and the effect of traffic on the street. Council requested information regarding these issues but the applicant didn ’t provide it to the City. Gleason, representing Brook Park Realty, stated they had met with staff in a work session. When he left the meeting, he understood the density issue was resoK'cd. Council had requested a different style for the units, but this would have caused more trees to be cleared and was not acceptable to staff. Gleason stated no further direction was given. The sketch plan application started with 45 units and was reduced to 30. The City then brought in a landscape architect. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (U6) U2308 Brook Park Realty, 3760 Shoreline Drive - Continued Jabbour indicated staff did not approve of the proposed entrance and exit from the units. Both staff and Council believed a cul-de-sac design would eliminate too many trees. This could be resolved by reducing the total number of units by 2. The City's philosophy is to keep encroachment of the wetlands to a minimum. Gleason stated the entrance issue was not brought up again. He understood the motives of the City regarding density and the wetland situation. Jabbour responded that nothing is approved until Council agrees. Council wants to come to an agieement with the applicant. The City and the applicant need to make a conscious effort to get access to County Road 15. The City recognizes that all their objectives may not be met immediately. Flint expressed his disappointment with the approach the applicant has taken. He noted that at the December 8th meeting, a lot of information was requested to make an evaluation of the proposal, i.e. actual language of restrictive covenants, a traffic study, how this proposal corresponds with the density to the east, and road width-private vs. 22'. The applicant seemed willing to provide this information. In a PRD, the City works with the developer to get the best plan. Flint did not feel the application would be considered complete until the questions were answered. He was ready to deny the application. Peterson was also disappointed with the applicant's position. She noted density as a problem as well as traffic. She thought they were working toward an acceptable plan. She would like to continue to work together on a plan that would benefit both the applicant and the City. Kelley agreed with Flint. He had requested traffic counts and a study but did not see that information until the City staff recently provided it. Gleason responded that he had contacted staff to see who was responsible for providing the traffic study and was told that the City would provide that information. Goetten stated that she supported the application but was in agreement with concerns expressed by other Councilmembers. She was dismayed that the applicant was considering Court action. She said it was important to work with people in the community for the benefit of the City and the developer. Jabbour agreed that it was important to work with the applicant and developer and was w illing to consider concessions. Gleason stated that in the work session a specific date was established for providing information. He had left messages with the City but did not get a response. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (f^6) #2308 Brook Park Realty, 3760 Shoreline Drive - Continued Jabbour stated it was unfortunate that he was not able to contact the neighboring property owner in the requested timeframe. Kelley moved, Peterson seconded, to table Application #2308 for a snort time to allow the applicants some time to discuss their position. Ayes 5, nays 0. (#7) #2341 DANIEL J. ANDERSON, 905 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 4061 Dan Anderson was present. Gaffron reviewed the 7 lot proposal for preliminary plat approval. He discussed several issues that were raised at the March 23 Council meeting. The stormwater management concerns have been addressed and there should be no more changes to lot lines. A tree, woodland and vegetation preservation easement agreement has been drafted to address those issues. No trail easement will be required. The surveyor has corrected the 75' setback line on the preliminary plat. Stormwater, drainage and grading plans have been submitted and with minor detail revisions should be acceptable. Gaffron has contacted Met Council regarding a MUSA amendment to allow this property to be sewered. Tom Caswell from the Met Council has responded favorably and indicated the City may proceed with the amendment application. Anderson noted that he and staff met on the site and concluded that stormwater should not be directed across Old Crystal Bay Road. Anderson asked about the timeframe for payment of sewer if it were to become available. A 15 year plan for an assessment was discussed. Anderson questioned the spacing of the boulevard trees. Gaffron responded that 40' was required by Code and he would double check to be sure that figure is accurate. Jabbour indicated the City is planning several sewer projects for the next few years. There may be some options for the City to provide sewer to this area as a public project, to be assessed to the property. r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (#7) U2341 Daniel J. Anderson, 905 Old Crystal Bay Road South - Continued Kelley added that the installation of sewer would allow larger yard areas for amenities that homes of the type to be built in this development may wish to take advantage of, i.e. swimming poo s tennis coins, accessory structures. If primary and alternate septic sites arc required, the useable yard space is limited. Homeowners would then be required to seek variances for accessor> structures. The developer should be aware of this situation, realizing the benefit of sewer to these lots. George Hust, 820 Old Crystal Bay Road South, asked wha* ’ogic had been used to determine that a trail easement would not be required. taking land. Bridcet Husl, 820 Old Crystal Bay Road South, asked that in the future, when large tracts of land are considered for development, that the trails and parks be planned. Then when people purchase property, they will know where the trails will be before they move in. Flint asked for clariftcation of the colored map included in the Gaffron memo Gaffron explained the "preservation easement" and "protected" areas, noting there was a lesser degree of protection from the field road up to the top of the bluff. He added there were other protections written in the Code such as the bluff impact zone and 75' setback. 0. Kelley asked about the pumphouse and well near the lake. Gaffron stated it was to remain as there would be less damage to the property. nm BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III PRELIMINARY SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT CONTINUED Jabbour reopened discussion of this item. Keane stated that if Council continues the application to the next Council agenda for applicant would not pursue legal remedies. He requested they meet with City officials to resolve the outstanding issues prior to the Council meeting. J ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (#6) #2308 Brook Park Realty, 3760 Shoreline Drive - Continued Flint questioned the tolling of dates in relation to the statutory deadline, Keane responded tha^ there would not be any tolling during this time Jabbour moved, Goetten seconded, to continue Application #2308 to the Council agenda of April 27, 1998 based on the applicant's request. Ayes 5, nays 0. (A short recess was held.) (#8) #2348 MARY JANE HAUSER, 1540 BOHNS POINT ROAD - VARIANCES - DENIAL RESOLUTION NO. 4062 The applicant was not present. Van Zomeren explained this application was reviewed at the March 23 Council meeting, at which time Council directed staff to draft a denial resolution. Peterson moved, Goetten seconded, to approve Resolution No. 4062 denying a hardcover variance of .9% in the 75-250' lakeshore setback to allow 25,9% hardcover where 25% is allowed for the construction of a new residence on a vacant lot. Vote: Ayes 4, Nays 0. Kelley abstained as he was not present at the March 23, 1998 meeting. (#9) #2350 KEVIN AND LISA OLSEN/JAMES AND JUNE TOUVE, 4196 NORTH SHORE DRIVE - PRELIMINARY CLASS I SUBDIVISION Lisa Olsen and Lou Oberhauser, her attorney, were present. Gaffron explained that the proposal was for a Class 1 subdivision to separate one of three lots from the property at 4196 North Shore Drive. At some time in the past. Lots 55, 56 and 57 were legaliy combined. In 1986, Touve sold Olsen Lots 55 and 56 without Lot 57, which was an illegal subdivision. The County notified the City of this subdivision. The City, in turn, notified the buyer and seller at that time that a subdivision application would be required. The property is in the I acre zoning district. As Lots 55-56-57 exist, they meet the 80% zoning standard, and the property would be considered a buildable lot. The adjacent Lots 58-61, o\Micd by Touve, are .9 acre with less than .5 acre dry buildable. A lot area variance would be required to build a home on those lots. The property was never assessed for sewer and no stub exists. However, the property could be sewered since sewer is available in the area. I r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (U9) U2350 Kevin and Lisa Olsen/James and June Totive, 4196 North Shore Drive - Continued Access to the site would require a variance because of the wetland. Combining Lot 57 with Lots 58- 61 creates a parcel of 1.15 acres. This parcel may not need a lot area variance but other variances may still be required. The combination also makes a driveway possible with less impact on the wetland. Gaffron stated that staff did not recommend approval of the subdivision. He added that Lots 55-57 would not meet the 80% requirement if Lot 57 was split off; and Lots 58-61 may or may not be buildable without the combination of Lot 57. Planning Commission concurred with staff on a vote of 4 to 0. Gaffron noted the application is nearing the 60 day review deadline. Oberhauser explained the history of the property. A house existed on Lots 55 and 56 in the 1940’s. Both Hennepin County and the City have researched their records and found no record of lormal action taken to combine Lots 55 and 56 with Lot 57. In 1960, all three lots were listed as one property. However, there was no reason to combine these lots in the 1960's, and the applicant does not believe a combination was done. Oberhauser added that in considering how the adjacent property would be developed, there was no reason to deny the subdivision. Olsen stated that she had researched 20 of the neighboring properties, 17 of which are equal to or less than the size of Lots 55 and 56. She feels a clerical mistake was made at some time in the past and she is trying to clear it up. Olsen also explained that she asked the Planning Commission to vote on her application and move it forward for Council consideration. She added that the size of the lot would not reduce the value in the neighborhood. Kelley asked if the Olsen's thought they had bought only Lots 55 and 56 in 1986. Olsen confirmed that they had only bought two lots. Kelley asked what they did in 1987 when the tax statement showed they were paying taxes on three lots. Olsen explained that the extra lot was her parents, and it really didn’t matter who paid the taxes on that lot. They did not realize there was a legal issue involved. Kelley asked if a title search had been done. Olsen responded that the title company states this is not a title issue. They have a deed for Lots 55 and 56, not Lot 57. Hennepin County has referred her to the City. 1 he City has informed her that the proper procedure to follow is the subdivision process. Kelley asked why her parents didn't want to combine all the lots. Olsen explained she has 5 sisters to consider. They bought only Lots 55 and 56 from her parents. I ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (U9) #2350 Kevin and Lisa Olsen/James and June Touve, 4196 North Shore Drive - Continued Jabbour stated this situation was not a policy issue but seemed to be a matter of cleaning up a clerical issue. If the subdivision was approved, he was not suggesting the results of the action would make the adjacent lot buildable. Gaffron explained that the Code requires Lot 57 to be combined with adjacent property if it is sub divided from Lots 55 and 56. Oberhauser stated that separate tax statements are received for each of Lots 58, 59, 60 and 61 . He asked if the Touves came in for a building permit if they would be subject to all zoning standards. It was agreed that they would be and variances would be required. Jabbour indicated he was in favor of granting the subdivision, as a matter of housekeeping, with verification of ownership of the lots. Jabbour moved. Goetten seconded, to conceptually approve Application #2350 for Kevin and Lisa Olsen/Jamcs and June Touve, 4196 North Shore Drive, for the proposed subdivision request with the understanding that Lots 57 - 61 be combined and noting that this combination does not guarantee the property is buildable. Flint asked if this should be considered a subdivision application. Gaffron responded that it is a Class I subdivision application that can be done via a survey and doesn't require platting. Ayes 5, nays 0. Gaffron will prepare an approval resolution for adoption at the next Council meeting. (#10) PARK DEDICATION AMENDMENT - ORDINANCE NO. 173,2ND SERIES Flint moved, Jabbour seconded, to discuss Items #10 and #11 regarding park dedication fees together. (#11) PARK DEDICATION FEES: RESIDENTIAL AND COMMERCIAL/INDUSTRIAL LAND - RESOLUTION NO. 4063 AND RESOLUTION NO. 4064 Goetten stated it is important to look at requiring a park dedication for land development that may occur without a subdivision, and encouraged staff to continue working on this concern. Moorse indicated that State Statutes allow park dedication fees in a subdivision but not for developments. J ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (f^IO) Park Dedication Amendment - Continued (fill) Park Dedication Fees: Residential and Commercial/Industrial Land- Continued Barrett responded that he would research this issue further as he had heard of a city that was collecting park fees from developments, even though there is nothing in State law that directly allows such practice. Flint moved, Goetten seconded, to adopt Ordinance #173, 2nd Series, to amend Municipal Code Section 11.62 regarding dedication of land for public use for parks and playgrounds in conjunction with Class II and III subdivisions. Ayes 5, nays 0. Flint moved, Goetten seconded, to adopt Resolution No. 4063 establishing minimum and maximum park dedication amounts for residential/agricultural/ multiple residential zoned land. Flint moved, Goetten seconded, to adopt Resolution No. 4064 establishing minimum and maximum park dedication amounts for commercial/industrial zoned land. MAYOR/COUNCIL REPORT (Follows Engineer Report) ENGINEER REPORT (#12) FERNDALE ROAD PROJECT UPDATE Jabbour stated he had asked to have this item on the agenda as he has had a number of calls regarding the project. The Plymouth Mayor is taking this project to a public hearing. Gappa reported the three options being considered for the road design are as follows: 1) 28' wide road; 2) 32' wide road; and 3) 28' wide road widening to 36' for turn lanes. Flint objected to the cost analysis showing that Orono pays 60% and Plymouth 40%. He stated that Orono had not agreed to that split, and had always indicated the project should be split 50/50. Gappa stated a letter had been sent to Plymouth stating Orono's position. Orono has a greater share of the road right-of-way within the Orono city limits with the acquisition of some land from Wayzata. Flint noted that in none of the three cost options presented by Bonestroo did Orono pay 50%. Gappa thought a public information meeting w'as to be scheduled for late April or early May. Kellogg added that one public infomiation meeting had already been held, but not a public hearing. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (#12) Fern dale Road Project Update - Continued Jabbour expressed his concern about right-of-way acquisition. Orono proposed to have this project completed in 1998 but Plymouth has effectively delayed it until 1999. A meeting is scheduled between Orono and Plymouth staff on Wednesday of this week. MAYOR/COUNCIL REPORT Jabbour reported that he had a very positive meeting with the Watershed District. Goetten stated she had received a call from Mrs. Murphy on Femdale Road. Murphy receives City water from Wayzata's system even though she is billed through Orono. She was concerned about Wayzata ’s increase in water rates and how it could affect her. She questioned how the water rate is established, and if there is a Senior citizen rate. Gappa will call her to respond to her questions. Peterson asked that Gappa also contact Duane Glew on Brown Road and explain the rationale behind the water rates. Kelley questioned the Investment Policy Statement in piace for the City. He had spoken w'lh To™ Kuehn, Finance Director. Kuehn gave him a copy of the iast statement which was done in 1988. Kelley thought this policy should be updated. Kelley also asked for a commitment from Council regarding not granting area credit for sewered lots of 2.0 acres or more with wetlands. Gaffron explained that without a clarification of the code, a parcel of land with 3 acres dry buildable and 1 acre wetland could potentially be allowed 2 houses if sewer were available. Without sewer, no credit would be given for the wetland. He will provide a report to Council on this issue at the next Council meeting. CITY ADMINISTRATOR’S REPORT (*#13) 1998 INSURANCE AWARD Peterson moved, Kelley seconded, to award the 1998 insurance package effective January 1,1998 to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $72,709, for the umbrella excess liability $ 18,611, for the petrofund reimbursement $574, for the open meeting law $771, for the boiler and machinery $1,277, for the surety bonds $796, and for the golf course liquor liability $582. r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (*#14) APPROVAL OF LEAVE OF ABSENCE FOR MARK THOMTON Peterson moved, Kelley seconded, to approve a leave of absence for Officer Mark Thornton through May 25, 1998. (*#15) APPOINTMENT OF FULL-TIME COMMUNITY SERVICE OFFICER Peterson moved, Kelley seconded, to appoint Jeffrey Johnson as a full-time Community Service Officer with an hourly rate of$ 10.38, with benefits, effective April 1, 1998. (*#16) APPOINTMENT OF PART-TIME COMMUNITY SERVICE OFFICER Peterson moved, Kelley seconded, to appoint Patrick Foley as a part-time Community Service Officer with an hourly rate of $8.28, with no benefits and exclusion from PERA membership based on the $5100.00 maximum earning stipulation, effective March 30, 1998. (#17) APPROVAL OF VOICE/DATA COMMUNICATIONS CONSULTANT Moorse explained this request was to hire a consultant for voice/data communications. The consultant would do a needs assessment and possibly an RFP. Kelley suggested a phone log on each phone could be used to verify communication. Jabbour added that the phone could be tied to the computer system. Goetten asked if there v'ould be direct dial numbers. Moorse responded that they would be available. Jabbour questioned the need for a consultant. Peterson moved, Goetten seconded, to approve the telecommunications proposal from Elert and Associates, at a cost not to exceed the total amount indicated in the proposal, and to authorize the Mayor and City Administrator to sign an agreement which reflects the proposal. Ayes 5, nays 0. (#18) APPROVAL OF VOICE MAIL SYSTEM IMPLEMENTATION Moorse explained that the implementation of voice mail at this time would be a temporaiy solution. The process of installing a new voice communication system will take approximately 5 months. A number ol staft members would find voice mail beneficial during the interim. r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (MIS) Approval of Voice Mail System Implementation - Continued Moorse indicated that MNet phone lines are available through a State contract at lower rates than what the City currently pays US West for business lines. Any city in the State could take advantage of these lines. The City would implement the use of the MNet lines and continue their use with the new phone system. Flint moved, Jabbour seconded, to approve the proposal of Elert and Associates to implement MNet lines with Frontier voice mail at a cost of $980.00. Vote: Ayes 5, Nays 0. (#19) RECONSIDERATION OF AMENDMENT TO INDUSTRIAL ZONE MORATORIUM Flint asked why the Interim Use Ordinance and Industrial Zone Moratorium couldn't be phased out at the same time. Much of the Industrial Zone Moratorium is subjective except for the 3 year deadline. Moorse responded that the Industrial Zone Moratorium deals with uses that are already permitted in the Code. It is trying to prevent any use that w'ould be extremely offensive, and is trying to limit the uses to those that occur inside the building. Kelley noted the City should be ready to aet when the moratorium expires. He added that this is the time to control what is allowed in the industrial zone. Moorse reviewed the process of the amendment. VCI called after the moratorium was adopted with concerns about their building being half empty. Barrett suggested reducing the timeframe in the moratorium to 2 years, with WTitten agreement to create restrictions. Jabbour favored working with the property owner to allow some use during the moratorium. VanZomeren asked the Council if it was their intent to amoitize the time allowed for an Interim Use Ordinance or the Industrial Zone Moratorium. Council responded that was not their intent. Goetten indicated it was important to support the few businesses that are in the area. Peterson moved to reconsider the ordinance amendment providing for an exemption to the industrial zone moratorium. The motion failed as there was no second. Jabbour suggested to Council that they consider an annual award to be given to the most enviro nmentally conducive development in Orono. He felt there were a few exceptional developments in the City. r ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 (#20) CITY RECORDER CONTRACT TERMINATION (INFORMATION ONLY) No action required. CITY ATTORNEY'S REPORT City Attorney Barrett requested an Executive Session at the close of the meeting. (*#22) LICENSES Peterson moved, Kelley seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Special Event Permits 1.Denny Nelson Wednesday Evening Bassin' Tournaments Location: Lakeside Marina on Maxwell Bay Time: Wednesday evenings (6:00 p.m. to Sunset in May, June and July; 5:00 p.m. to Sunset in August and September): Dates: May 27 June 3 July 1 August 12 September 2 June 10 July 8 August 19 July 15 August 26 July 29 2.Sherokec Use March for Parks Route: Begin at Orono City Hall, follow new bike trail to Luce Line. Bikers will bike west on the Luce Line toward the Ox Yoke Inn; walkers will walk east toward the Green Glen Park in Long Lake Time: 10:00 a.m. - 3:00 p.m. Date: April 26, 1998 (*#23) BILLS Peterson moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 13,1998 ADJOURNMENT Kelley moved, Goetten seconded, to adjourn the meeting at 10:38 p.m. Ayes 5, nays 0. Gabriel Jabbour, Mayor ATTEST: Lin Vee, City Clerk !! LAKE MINNETONKA CONSERVATION DISTRICT2500 Shadywocxi Road, Suite 19Excelsior, MN 55331 471-9588 EXECUTIVE DIRECTOR ’S NEWSLETTER Gregory S. Nybeck AprU 21,1998 COUNCIL MEETING 'APR 2 7 1998CITS'crORQNO I I i 1998 EWM Harvesting Project; This project is scheduled to commence on 6/15 and continue through approximately 8/21. The entire crew from 1997, including EWM Project Manager Gene Strommen, has indicated they will be back to assist in the management of this exotic. Consistent with 1997, harvesting priorities in 1998 will be based upon impediment to public boat navigation on the open water. The crew will assist Hennepin County and affected cities in public access clean-up on weekdays and weekends. Herb Suerth, Chair of the EWM/Exotics Task Force, Strommen, and I attended a 4/1/98 meeting in Hudson, WI regarding the Management and Ecology of EWM and other Aquatic Plants in the Upper Midwest. 1 can report that there has been some limited success with weevils and Fluoridone in controlled research environments; however, there has been little or no documented success in uncontrolled research environments. I ! Special Events; LMCD staff is processing special event applications that require a permit for Lake Minnetonka. With the adoption of LMCD Ordinance 153 by the Board of Directors on 12/10/97, all special events need to be permitted by the LMCD in addition to the Hennepin County Sheriff ’s Water Patrol, the MN DNR, and the municipalities affected by the event. One key point for the LMCD getting involved again in the permitting process for special events on Lake Minnetonka is LMCD Ordinance 145. This ordinance is a proactive step to prevent the infestation of zebra mussels into Lake Minnetonka. The ordinance requires all participating boats in special events to have their boats washed by LMCD approved personnel if they have been in DNR identified zebra mussel infested waters and they do not comply with the requirements of the ordinance. The wash station will also be open to the general public, during established hours and by appointment, who have been in infested waters and need to have their boat washed. 1998 Lake Minnetonka Boat Density Survey; In compliance with the Management Plan for Lake Minnetonka, Schoell and Madson was awarded the contract to prepare and conduct this survey this summer. This survey is conducted every two years and is a joint effort of the LMCD and the MN DNR. Copies of this survey will be available in late 1998. •1998 LCMR Application; An application for $5 million of Legislative Commission on Minnesota Resources (LCMR) funds was submitted on 2/13/98 by the LMCD, with cooperation by the MN DNR, for blanket funding of land acquisition and development of EXECUTIVE DIRECTOR’S NEWSLETTER, 4/21/98, PAGE 2 1-2 public accesses on Lake Minnetonka. This project, if funded, would build on the successful completion of the Maxwell Bay public access, which was partially funded by LCMR funds in 1993-94, and would be available in July of 1999. Any project considered for this would be consistent with the goals and objectives of the 1992 Lake Minnetonka Lake Access Task Force Report. A key aspect of diis Report is that the MN DNR agreed to contact the LMCD and the affected cities within five working days once a written option has been signed with a willing seller. Public input on the project would then gathered from all interested parties with regards to the proposed project. The LMCD would not support a project unless it is a “win-win ” for all parties involved. The goal of this project is to increase the quality of car/trailer around the lake, not the quantity. The role of the LMCD in this project is to assist in securing funding for it while the MN DNR investigates for willing sellers identified in the Plan. Mnnncemont PInn Review! LMCD Board and staff has continued to meet on the first Wednesday of each month to review the Management Plan for Lake Minnetonka which adopted in December, 1991. The purpose of these Workshop/ Planning Sessions is to review the Management Plan and decide where updates need to be made. The next scheduled Workshop/Planning Session is at 6 p.m. at Shorewood City Hall on 5/20/98 to jointly review the Environmental Protection and Management section with the MCWD. On-going Licenses/PerniUs; Staff is close to completing the processing of all new and renewal without change applications for licensed multiple docks, charter boats, and associated liquor, wine, and beer licenses/permits on Lake Minnetonka for 1998. As mentioned previously, the LMCD is permitting special events again on Lake Minnetonka and this be will be an on-going process. Feel free to call the office if you have questions or concerns regarding a specific license/permit. 1999 LMCD Btideet: Staff is preparing to begin work on the 1999 LMCD budget. In accordance with Minnesota State Statutes 103B.635, the Board must on or before July 1 of each year prepare and submit a detailed budget of the district’s needs for the next calendar year to the governing body of each municipality in the district with a statement of the proportion of the budget to be provided by each municipality. There will be opportunity for cities to comment on the proposed budget through their representative on the LMCD Board and a meeting in early June. Bil Hawks Boathouse; The civil lawsuit filed by Mr, Hawks against the LMCD challenging LMCD Code Section 2.12, Subd. 2, and the countersuit by the LMCD seeking an injunction requiring the storage boat to be removed from Lake Minnetonka, are still pending. Further details will be provided when available. WebPage; The LMCD WebPage address is: http://www.winternet.com/'lmcd/ *wCTw •s^ A lake MINNETONKA CONSERVATION DISTRICT RE: APPLICATION OF SAILORS' WORLD, INC. FINDP^JCfS n‘ '"1‘! “’’‘ '• '”*• •"'* “»<>"»«) 10 7:00 p m. on April S v.ri,«« .nd nel dock for tlcJl'wlridjn?^ rtorllL. fn, “f "1 “‘""S marina facility b«w«, 100 feet and 200 feet ftom the ahorelm. for. fac,I,tywhtchwdlpeovtde 79 boat storage unit.. ,, th.^Si'^?j ‘'°t‘ »"»farility is grandfathered. However. 79 riips'will not ft withintheauthorized dock use area and vanances previously granted. fh^SeTri m.L rr® ?!!!'’,?■""“f“0™«' o«0 aSP* « with the ditcomlm.1"^'*' “"“ergjng lot lines at the site together VMiuiL. *"reared the Distnct moonng area to be discontinued and length and setback md ^ A ''"’“f* ‘***“" a«0 and 100 feet from the shoreline wKch were “permanent ”SSSSlTSSSCS” r« - .0.----- # granting these variances, and the accompanying memorandum, the Board concluded that ^ius^thD«tnct mooring area and the converging lot lines of the site were sufficient thi ind^t'e^Te'^* requested but not sufficient to justify the condnuation of all of such variances for ^27, 1988, the Board finds DraciiV^M ffi converging lot lines at the site are sufficient to *72^’" 5^*^*^^*of LMCD Code Section 1.07, Subd. 1 variance orevSiKl'"® herein^cr provided. Accordingly, the Board finds that thenances previously granted should be amended to the variances described below. ORDER On the basis of the foregoing. IT IS ORDERED: CLL14174S LKllO-4 04-23-1593 10.3'-*GlS 4T3 *^C33 LriCD F.32 That • new multiple dock license, setback x^ariances, and length variances hereinaAer described are granted, subject to the following conditions and limitations. 1 .Side setback variances are granted to zero feet from the extended lot tine on both sides of the subject site and from the shordme to 200 feet from the shoreline in length. 2.The District mooring area discontinued es a part of the order of April 27, 1988, may not be reestablished. 3.The variance hereby granted shall be for the construction of the dock facilities at the site in accordance with the site and dock plan attached hereto as Attachment One and made a part of this order. All docks and boat storage (wkh the exception of the gas dock) are to be maintained within the extended lot lines and whhin 200 feet of the shoreline. 5.No on-land storage or dry-itacking will be alloN^'ed at the facility. The variances issued hereby shall grvA no vested rights to the use of Lake Minndonica. Such use shall at all times remain subject to reguladon by the District to ensure the public of reasonable and equitable access to the Lake. By Order of the Board of Directors of the Lake WGnnetonka Conservation District this____day of ^ 1998 Douglas Babcock, Chair ATTEST: Eugene A. Pariyka, Secretary CX.L14174S LKU0>4 J r CO'JNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 7 1998 CITY OF ORQNO DATE: April 24, 1998 ITEM NO: J Department Approval; Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Brook Park Realty, 3760 Shoreline Drive - PRD and Class III Preliminary Subdivision On Friday, April 17 Mayor Jabbour, the City Administrator and the Senior Planning Coordinator met with representatives of Brook Park Realty to work out a solution to the development of the property at 3760 Shoreline Drive. The primary focus of the meeting was on providing an additional access to the property from County Road 15. At the conclusion of the meeting, the representatives of Brook Park Realty indicated they needed additional time to review the options available to them. On Monday, April 20 Bill Gleason of Brook Park Realty indicated it would probably take until the end of the week to determine which, if any, of the options acceptable to the City would work for Brook Park Realty. On Friday, April 24 staff received an update from Bill Gleason. He has met with the owner of the property to the west and discussed the option of constructing a road that would run on the shared lot line of the property to the west and the adjacent property further to the west. This would provide an opportunity for building sites on both sides of the road. Mr. Gleason also indicated that ihe City was interested in purchasing the northerly portion of the property as park land. Mr. Gleason envisioned the cost of the road to be borne by the owners of the properties to the west vs. b>' Brook Park Realty. Mr. Gleason indicated the owner of the property to the west seemed to have some interest in the proposal regarding the road, but was unsure what the timeline might be for the property owner to make a decision. Based on this, Mr. Gleason indicated Brook Park Realty would probably not have a final response to the City for the April 27 Council meeting. However, a representative of Brook Park Realty would attend the meeting to provide an update to the City Council. COUNCIL ACTION REQUESTED: Motion to continue action on the Brook Park Realty request for PRD and Class 111 preliminary subdivision at 3760 Shoreline Drive. FROM U^PKIM HOFFHfiN p, ywiKjM MOtMU. ypotuommu ui^M pmmtk 1M60MR. ttOLlMN •mTToiM Mt tMWIfWilO iAMIIR. Oa»#f S&'o^ JO^A. OOTTVI* ^^Apv/Mpvn ALANl RATiMiNiA. hpatnmm At>NII MCMON ooimi^lmKKj*oujiw.|omy w&«3iK^ MftTAiwMam »i wTe*n(i< hmw*th««.asr/issssr 04.;r.r?i*3 i-:s::: Larkin , Hopfman , D aly & Lind (3ren . Ltd . ATTORNEYS AT LAW 1M0 NORWE9T FINANCIAL CENTER 7M0 XERXES AVENUE SOUTH BLOOMIN9TON, MINNESOTA 6S43M194 TELEPHONE (61}) S3S-S8M FAX (612)8994333 j F . Z X\L ftTV^oom JOrtsJ |M.T>4 AfC«tWAPtM#4 FUM4CKW MAMfl WLU*«<0 TKMNTON CMM.W yoM VtUlA »Ci AF«<IS MtuVA o»«« u^utmmcvK PIW4T trwpij tHOlAMr MDU^Ct^ IW««.T MAAltO »V«SAA JQs«4AKwOi e.nmn^vu v«MNiiro»«a|M9Q^ 0 tMKTflOV^I JO»««t.TOMQIK KMTtHf \M|Y4AM> * MMUy ^ htv< ** uiAi iKi$moH t.MJLLttAM VVIfSiixA AK>9*fQN J04VN0IT4 *4t«OAoy(TmMMiaooNlii ** ONLVAOMntaiN U^IAOrtUifTta April 27.1998 Ronald Moorse. City Administrator CltyofOrono P.0. Box 66 Ciystal Bay, MN 55323-0066 Tom Barrett Hinshaw ft Culbertson 3300 Piper Jaffrey Tower 222 $. Ninth Street MinneapoHs, MN 55402 Re: Brook Park Realty - PUD and Class Three Preliminary Planning File! No. 2308 I £>ear Messrs. Moorse and Barrett: Our client. Brook Park Realty/Tonka Ventures LLC, brought to my attention [he propped City Council appearance we have been working In good faith with Larry Schi^ns. the owner of the property to the i^st of the Brook Park Realty site, to negotiate acquisition of the Schons* property to provide access to County Road 15 . We=Kztcras.;.....»> no way Is Intended to waive Brook Park ’s previous claims under the Mlnnesoja Statutes section 15.99. i ( Sincerely. Timothy J. keane, for LARKIN, HpFFMAN, DALY ft LINDOREN, Ltd. cc:Joel Buttenhoff, Tonka Ventures, LLC Bill Gleason, Brook Park Realty 0393527.01 ** ♦EMC- * ‘ ‘ r hPP-27- 1 1 b: 22 EPOCH PhFI bll: 4?3 4T3b P.Ol 0l MWi A.-; ..V. •• :S>vXA ■Jf' ■B^ 8525 Erfmbrook Cro?5»n^ • Brooklyn Park • MN .* 55443 (612) 424-8525 TOThL P.Ol J COUNCIL MEETINQ APR 2 7 1998 FOR COUNCIL ACTION CITY or ORONO DATE: April 22, 1998 ITEM NO.: ^ Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2325 Lake Country Builders for John and Cindy Olson 950 North Arm Drive Orono MN 55364 Variance - Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 45,743 sq. ft. (1,05 acres) Application: This application is for a lakeshore upper deck to extend 8' from the residence with a stairway to ground level. The area under the deck would be enclosed for a screened porch. A bluff setback variance is required because the house is located on the top of the bluff, PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6-0 in favor to recommend approval. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. ».•>'■ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56 SUBD. 16 (2) and (3) FILE NO. #2325 WHEREAS, John and Cindy Olson (hereinafter "the applicants") are the owners of the property located at 950 Nt ih Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 11, Block 1, "Pirates Cove, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zomng Code Section 10.56, Subd. 16 (2) and (3) to allow replacement of an upper deck with a screened porch underneath that encroaches in the required 30' top of bluff setback where a variance for bluff setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was review-ed as Zoning File #2325. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. 3.The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A.The lot meets lot area, lot width, and yard setback requirements. B.The existing residence w'as constructed before the shoreland management regulations that require a 30' setback from the top of bluff Page 1 of 4 r C.The entire residence is located in the required bluff setback area. D.The allowed building pad is restricted by the street setback and the top of the bluff. E.The proposed upper deck is to replace a previous deck. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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. 5.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 Oronc City Council hereby grants a top of the bluff setback variance per Municipal Zoning Code Section 10.56, Subd. 16 (2)and (3) to permit construction of an upper deck and screen porch underneath as proposed in Exhibit A, subject to the following conditions: 1.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 (April 27, 1999). Page 2 of 4 2.Violation of or non-compliance with any of the terms and conditions of this vantmce shall constitute a violation of the zoning code, shall automatically 3.me undersigned applicants have read, understood and hereby agree to the terms of this msoktion and on behalf of li.emselves, their hehs successors L tte'prope^^’’ of this resolution in the Chain of Title of meeting held onSth^ly'of A^rMWg.^ ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. innesota municipal corporation and said instrument was executed on behalf of the City. ’ Notary Public Page 3 of 4 i J r ■yv, CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2325 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 21, 1998 TO: PETE JACOBSON LAKE COUNTRY BUILDERS 339 2ND STREET EXCELSIOR MN 55331 COPIES: JOHN & CINDY OLSON 950 NORTH ARM DRIVE MOUND MN 55364 TYPE OF APPLICATION: VARIANCE DATE OF MEETING: 04/20/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council April 27, 1998; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. jig r TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:April 14, 1998 SUBJECT;#2325 Lake Country Builders, on behalf of John & Cindy Olson 950 North Arm Drive Variance(s )"Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:45,743 square feet (1.05 acres) Application:This application has been revised since it was first reviewed at the January Planning Commission meeting. The application was filed more than 6C days ago and the applicant has agreed to an extension in order to revise the pir a. The revised proposed plan is to replace a deck with a lakeside upper level deck extending 8' from the existing residence and 27' in length with a stairway to the ground. The area underneath the deck would be enclosed for a screen porch. A bluff setback variance is required because the house is located on top of the bluff Pertinent Ordinances: Section 10.24, LR-IB, One Family Lakeshore Residential District Section 10. ‘‘j, Subd. 3, (2) Definition of Bluff Section 10.56, Sw- J 16, (2) and (3) Bluff Setback #2325 Lake Country' Builders for John and Cindy Olson 950 North Arm Drive April 20, 1998 page-1 analysis T.ot Area and Yards LR-IB District Standards Lot Area Lot Width Front Yard Side Yatd Rear Yard 1 acre 140’35’10’75’ minimum and average lakeshore _____ Subject Property Lot Area and Yards Lot Area 1.05 acres Lot Width 215' Street Yard 49.8’ Side Yard 38.7’ (east) Lakeside 105’ The subject properly meets the lot area and lot width requirements of the zoning district. It also meets sieet^d, side yard and lakeshore setback requirements. The existing « constructed before the shoreland management regulations and is located between the lakeshore setback and the top of the bluff. Hardcover Distance from Shoreline 0 ’-75’ 75’-250 ’ Total Area in Setback 12,674 sq. ft. 33,069 sq. ft. Existing Hardcover Allowed Hardcover Proposed Hardcover 279 sq. ft.none 279 sq. ft. 3,296 sq. ft. (9.97%) 8,276.25 sq. ft. (25%) Variance Requested None hardcover exceeds the 25% allowance in this setback. U2325 Lake Country Builders for John and Cindy Olson 950 North Arm Drive April 20, 1998 page--2 STATEMENT OF HARDSHIP Criteria for Determining Undue Hardship 1 .The propei in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property in question can continue to be used as a residence, however, the applicants have indicated that they wish to replace the deck and have a screened porch area. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The residence was constructed before the bluff setback regulation was adopted. 3.The variance, if granted, will net alter the essential character of the locality. The variance for bluff setback will not impact views of the lake. The deck will replace a previous deck in the same location. The lakeside elevation plan shows the proposed location of footings in the required bluff setback ai'ea. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. 5. Economic factors are not a consideration with this application. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This residence was constructed on top of the bluff prior to the current regulations. 6.The conditions do not apply generally to other land or structures in the district in which said land is located. Lakeshore lots that have bluffs are subject to bluff setback requirements. The granting of the application ' • necessary for the preser\'ation and enjoyment of a substantial property right applicant. U2325 Lake Counlry Builders for John and Cindy Olson 950 North Arm Drive April 20. 1998 pai,2-3 ¥ I A variance is required in order to replace the deck. 8. 9. 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 deck design follows accepted practices for construction in and around bluffs. It can be constructed in a manenr that will not be unsafe. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Nearly the entire house is located in the required bluff setback area. The allowed building pad is severely restricted by the street yard setback requirement and the required 30 ’ setback. Under today's regulations, this lot would not have a usable building pad even though it meets all other setback requirements. Issues 1.The lot meets all of the minimum zoning requirements for the district, except bluff setback. 2.The zoning lot has been determined to have both a toe and top of the bluff. The residence was constructed over the top of the bluff before the current regulations were adopted. STAFF RECOMMENDATION To approve the construction of an 8' x 27' deck as shown in the exhibits with a screened pojch area underneath. Further, a condition shall be included in the resolution that prevents the deck and screened porch from being converted in the future into enclosed living areas. Attachments A Revised Survey B Revised Deck Plan C Revised elevation U2325 Lake Country BuiUkrs for John and Cindy Olson 950 North Arm Drive April 20. 1998 page-4 L. 0 OJ 2: 9 t.O ...J -.a. � 0 I �) I' � � 49.8 '\" I '\ I� \Q/ . l l / 0 i / / ": ✓--_,,,,, rn: /-� , ...... .,() :, �� �; �i� "" \0 -.1 X w -.J I /_ ... f/i ____ _:S�S .�Gi=--==�------.J. 11 PLANTERf; .. / BITUMfl'O / ·� us -- - --113. Z 6 - -- bl29'¥1N s 49"59'55"W " \-=-z..o 950 North Arm Drive, Orono, MN 55364 ^HW*. V 7®m zia V-'O'* *D S t I 4 i # o’-(o 5i % I CO r»ju E I ^ ' o4-8 H"q mr to L. -3U -3 '.n -3 O I’J rw**^— peu>AJ I ) oH ^—I P 13 1 ------------TT 1 1 1111111 1 1 1 *1 1 1 \1 1 1 1 1 1 1 1 11 1 1 -h 1 I------1 O L'J mrI *13 «i3 OD *.n• • f*Ju r E m Ct *5o cdr r-i I rMBim n «*rn atr«^«t^«r ara-rratrn i I K'' £ >“■; F^IOUS :rrr*“- r TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:February 11, 1998 SUBJECT:#2325 Lake Country Builders, on behalf of John & Cindy Olson 950 North Arm Dri' e Variance(s) - Public Hearing Zoning District:LR-IB, One Family Rural Residential District (1 acre) Lot Area: Application:This application has been revised since the January 20, 1998 Planning Commission meeting. The current proposal is to rebuild the existing lakeside deck which extends 8' from the residence. A 14'x8' screened deck would be built over a portion of the area where the deck is currently. A bluff setback variance is needed to rebuild the deck and to add the screened porch. Pertinent Ordinances: Section 10.24, LR-IB, One Family Lakeshore Residential District Section 10.56, Subd. 3, (2) Definition of a Bluff Section 10.56, Subd. 16, (2) and (3) #2325 Lake Country Builders, John & Cindy Olson 950 North Arm Drive Date of PC. February 1 7,1998 page—I r ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard 1 acre 140'35'10'75' minimum and average lakeshore Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside .84 acres (est.)215'49.8'38.7' (east)105' The subject property meets the lot width and setback requirements for street yard, side yard, and lake front. The existing residence is located in the area between the 75* lakeshore setback and the top of the bluff. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75’none none none none 75’-250'33,069 sq. ft.3,296 sq. ft. (9.97%) 8,267.25 sq.ft. (25%) 4,070 sq.ft. (12.3%) none There is not a hardcover issue with this application. STATEMENT OF HARDSHIP The applicants have indicated in their original letter with the original application that they want to replace an old deck (see Exhibit C). Please refer to the survey to understand the location of the existing residence and the top of the bluff. H2325 Lake Country Builders. John & Cindy Olson 950 North Arm Drive Date of PC. February 17, 1998 page—2 —, .-r-ra .........- r Criteria for Determining Undue Hardship 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 as a residence. However, the deck is not in good condition and the applic&nt wishes to replace it. The plight of the landowner is due to circumstances unique to his property not created by the land owner. The existing residence is located almost entirely in the area between the required 30' bluff setback and the top of the bluff. The zoning lot area does not have a suitable building pad for any further additions. The variance, if granted, will not alter the essential character of the locality. The variance for bluff setback will not change the character of the area. 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. Deck replacement is consistent with the zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Adjacent properties are also located along the bluff. The subject lot is more restricted by the bluff and the existing road. The granting of the application is necessary for the preservation and enjoyment of a sub: tantial property right of the applicant. Replacement of the deck will preserve an existing property right. Adding a screened porch will enhance their property rights. The granting of such variance will not merely serve as a convenience to the applicants. But is necessary to alleviate demonstrable hardship or difficulty. No improvements can be made to the property without a bluff setback variance. Issues 1 .This lot meets the setback requirements for street yard, side yard and lakeshore setback. 2.The topographical map and survey indicate that the existing residence is located over the area defined by ordinance as the top of the bluff. 3. 4. The applicant is proposing to replace an existing deck in poor condition. Minimal description of the slope and bluff would occur to replace the deck and to construct a screened porch U2325 Lake Country Builders. John Cindy Olson 950 North Arm Drive Date of PC. February 17, 1998 page—2 i ■i i! t 5.The permit record indicates that the existing structure record indicates that the existing structure was built in 1973. The shoreland management ordinance was adopted in February 1992. STAFF RECOMMENDATION The existing residence straddles an area defined as the top of bluff by the 1992 Storeland Management. The revised proposal replaces an existing deck and will not impact the bluff. Staff recommends approval of the revised plan as submitted. Attachments A B C D E F G H Application & New Letter Plat Map Original Letter Topo Map Survey Revised Plans Permit Record Bluff Ordinance U2325 Lake Country Builders, John c6 Cindy Olson 950 North Arm Drive Date of PC. February 17. 1998 page —4 i \ Application 2>zsr Date Received /Z -2-2,-‘^^7 Amount Paid ^ 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 After-the-Fact Fees (Double application fee) a o o •■vjoj >ri PROPERTY INFORMATION S ite Address QR a\ •• J Property Identification Number (P.I.D.) a -j j /-?^ ? a- to / .r Attach legal description to application if not included on required survey. Date ProperQLAcquired __________ I (do) <tgono^ also own the adjacent parcels of land. (month/year) Present use of property: X residential Zoning District: rgs.O^_ 7^. a-/ - I other (specify) APPLICANT Name V a«.»t Address: l^ie, jACohS^ry S-----_______STZ__________ City:€^r^/c.o<g Phone (home )H-1 C ^(f' '“7 Phone (work ) ____Zip:} Phone (home )H 7^ — t a_±OWNER (if different than applicant) Name TV^Lv>/i>-C _______ Phone (work )33**?-"/?“7^ Address: <?.cro Ai?M Ou City: Q^.,^yo Zip: .<-^^(^4. DESCRIPTION OF REQUEST Estimated Construction Cost $ *~\CD^ooO Describe request in detail: j^/4,tvh c /u.j^ru Cq/Ia^ iJf'rr- /fg <^1./. (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify)^&u.cr 'TbP dF HLARDSHJP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: /^ (*<\ ,jg. I, 0 A fh-1 c «; T\^. .<T ^ 1 4 ,s H ljj Pf ____TtP A ^ ty.^^ ^,<c- /L, J?j P Si i (attach additional sheets if necessary) 7X< Z>o 's c*/2/^t*s ^ 1-^iBi-fr—ir -»■■■-■—1 REQUIRED SUB\UTTALS All of the following information must be submitted bv the application deadline cate in order for vour application to be considered complete: 1. 2. j. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labeis and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVz" x 11" for reproduction. ^Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8*/:" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SVz' x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant ai.d Property Owner must sign this application. Please remember that ypjlT 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 expens^s-^ncui^ed in /eview of this application, and certifies that the information supplied is/uue and^^b^ct to the be^of his/her knowledge. Applicant's Signature*^Date /jJ/r/ 9 -7 O.VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the propertv^iy City staff, consultants, agents, Commission members, and Council members for purposp of investigation and verification of this request. Owner’s Signature Data Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on tlie 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, ple^c 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 J 6 February 1998 Ms. Liz Van Zomeren City Planner/Zoning Administrator City of Oron Re; SUBJECT #2325 John and Cindy Olson Residence / Bluff Setback Variance Application 950 North Arm Drive Dear Ms. Van Zomeren, Attached you will find revised sketch documents that pertain to an alternative request for a variance for the Olson Residence at 950 North Arm Drive. In this revised version, we request the opportunity to rebuild the deck where it currently is situated, along the back 28.2 feet of house facing the lake. We would rebuild the deck to 8’-0’ from the house along this back length of the house. Along the southerly half of this deck, we would build a 14’ x 8’ screen porch. See the attached documents for further information. It is our intention to apply for a variance for this alternative at the next planning commission reviewal meeting. Thank you for your assistance in this matter. Sincerely, ^TRY BUILDERS, INC. Peter W. Jaltobson, President Enclosure.^ >rrr 1998 \ S’:* •^ \/A ik \ W\‘-\ \ 'iv'- Jt /' ^\ • m*a' I V / (I) /ij U I /P,0t^ ' V'?/ zie.r VSi.i 'Cr V. :3‘.67 T ' / , 4\ V\. /^ .'♦V'jv^s /V- //\‘-’-0.<s. I s/ ' 1 .f~<^'•^v^ I •« 4 ^-.,.^.j;/ / / ^ / V / r •5>'-•?/'><;>-:. •'4 a,Ui) / / V. \ '™: # ,t >:•-(8; \ ^> / \*.; »' Si "•'(.•) /#' r .'^x. *^TV .-fi .gX^ \ V X .... v*. X '?» ’-i?(19)f.\ \ \y'^\ (34),eJ^> .\*V;. I ’4 I '■& .i5> \ '. '"•’/ "^->- ^TZX ake X\ K# "''T vnf" ' V ‘ . s , 4', v/ -'„ ii (ir) J- j ,j / (I9) X* (26) TeXt^f / / (27)Z^' 1^0 EASI / ................................^32.9! ICT \ \ 14 5),.!# '^’ »7T,\ .4?'w A- ^92) ^if.7s ,. i ,. X/n'o „ ./ ••X"iV‘!..........■«■■■ VX* - E, \ .x DAM^ f06.»4 - iSlLiili) v—\ '•^*'^ \*‘v'X *» \ >> » X.tOA (20 ' •... ■‘ ncj'V, »4r.. rr 1 -*1 )•*,1 I 1 X (c0<'} U.VL .......................lu' V r«'Of, p-%y}\U6) \04 LCT II (»3) N tV X M / \ \ c' 5W'4^r4C*t I 'IA!^\S$SL Parcel Information Parcel 0)0711723110015 House Number 00950 Street Name NORTH ARM DR \ tZKT^^' I 'iVl ^-:x___lind?n~Ta --------------------------------—|5; r?o) ' pt Cf\Lt1 7\^r,/«"" '® ^ VAC 7 -15-49 5Si i(i) 9i \^f \ LC^A4v.a5L!fjDA' r VAC 4-2® 15 i-pQoy STRIP t « ! (23) ? I______r±_i 260.7 X POINT AVe 1‘j: /« % \-^ IPO 25 sssb I ,1100,s IARMOR ( I) /.' I I ij (6) �/'?7 'ii. -'f t9�,...,' .. ,� ... -· "�•r •• -u. �-� '- ------ ' 7) 1--.:.• -.l � r--<�-�--� ,, <Q"""' � r . . ... th . . . �' .. ' ) . . � .. • • . . . . ! . . . .. " ... \ \ �. .., '. -'--·' ... .,. ·. ( L) •; --=�...:a; r----'-----.:....:....;....,..-:.���� �---�t-'-_J__L__.LLL�i-L+-r-lliJJ .\ \ \ \ --.. \l I Parcel Information Parcel ID 0711723110015 House Number 00950 StrMt Name NORTH ARM Dk ■u -V V _____V? “S;n , , j 5>. ;j >=c,^ 15^^ VL*»i5^ * — December 19,1997 Planning Commissioners City of Orono 2750 Kelly Parkway Orono, MN. 55356 Re: Variance Application Dear Planning Commissioners, From the information we have presented you can see that our desire is to add a screened porch and small 8 ’x8 ’ deck onto our existing residence. Additionally, we want to replace our existing old rotted deck witli a new one of approximately the same dimensions, although we have added a stairway on either end. This letter is to expand on our intent and address what we feel is our hardship. Our desire is create additional exterior space to enjoy our beautiful lot and view of Lake Mimietonka. We have minimized the size and scope of our project in order to respect our natiu'al environment which we sincerely value. Additionally we imderstand that the existing realities of our home as it relates to the neighbors line of sight, city code setback and hardcover surface issues are not affected by our minimal scope of work. However we understand that there is a “ bluff “ area that exists that approximately 80% of our whole house lies within. Please understand that we certainly understand the cities desire to minimize lake shore construction as well as being responsible for the environment which we all share. However it seems like the “ bluff “ code, as it relates to our property, creates a severe hardship for us in that virtually no exterior construction or additions can be added unless they are created in the front of om home which fronts HWY 151. It is important to realize that the front of oiu* home houses all the bedroom areas, and the living spaces are all on the lakeside , which is certainly consistant for lakeside homes. I hope you would agree that it would not make logical sense to construct a “ legal “ screened porch and deck on the front side of oiu' home , only to have to walk through the bedrooms to enter it and then relax and enjoy the views and traffic ofHWY 151. “S-j The particulars of the construction for the decks and porch are a post and beam constniction which does not require extreme excavation of our earth and also does not involve installing a concrete foundation. We will be only digging holes and installing concrete pier footings below ground. We also are maintaining the existing slope, terrain and natural environment surrounding our home, porch and deck. Water drainage will also not be affected. Additionally, it seems that the bluff regulations would not even allow us to replace our non-code compliant rotted deck with a safer more efficient version. This new deck construction ,also, would not alter existing bluff conditions, terrain or drainage. Being naturalists, we sincerely appreciate the Cities ongoing commitment to save our lakeshore , bluff areas and maintain our open spaces. However due to the existing layout of our home we sincerely believe the code creates a severe logistical hardship in our particular case and our proposal does not adversely affect the bluff environment which is also important to us. We sincerely appreciate your consideration and respectfiilly ask for your approval on our variance request. Most/sinc r,ely;^ours. John & Cindy Olson a 9<5'0 Cbi^ . Permit No 3tgfe^ 3L-7M T597 Jills. S9^ L> mu. 14^3 mm Qsai PERMIT RECORD Date S'-301:^ L-R-73. 4-19-7.3 yo - 3>- ■7»' /■D-J! - 9 ^ V- 7-5^'/ /O ‘ /0-/3-9V /O ^3i ~7-^7 Type of Permit _ _ / I"§ 10.56 2. "Bluff" - A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50* or more shall not be considered part of the bluff): A. shoreland area; Part or all of the feature is located in a B. The slope rises at least 25' above the Ordinary High Water Level of the water body; C. The grade of the slope from the toe of the bluff to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. body. The slope must drain toward the water "Toe of the bluff" means the lower point of a 50' segment with an average slope exceeding 18%. "Top of the bluff" means the higher point of a 50' segment with an average slope exceeding 18%. 3. "Bluff Impact Zone" - A bluff and land located within 20' from the top of a bluff. 4. "Commercial Use" - The principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods, and services. 5. "Deck" - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. 6. "Duplex, Triplex, Quad" - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. 7. "Dwelling 3ite, Transient" - A designated location for temporary or transient residential use by one or mere persons using temporary or movable shelter, including camping and recreational vehicle sites. 8. "Dwelling Site" - A designated location where a dwelling unit is intended to be constructed. ORONO CC 376-2 (2-24-92) r § 10.56 C. Placement of Structures on Lots. When more than one setback applies to a site, structures and iacilrties must b- located to meet all setbacks. Structures shall be located as follows; 1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level: Setbacks Public Water classification Sewage Treatment NE RD GD Tributary Unsewered Sewered System 150 150 150 100 75 75 75 75 75 100 75 75 2. Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body; Setback from; Top of bluff Setback (in feet) 30 50 30* Unplatted cemetery - Right-of-way line of federal, state or county highway and local public and private roads * Excent for detached garages on lakeshore lots in lection 1?.03, Subd. 9 (D) and for Structures subject to less restrictive si adjacent to street" setbacks as regulated in the various zoning districts. 3. Bluff impact zones. accessory facilities, except stairways, landings, and lock ox , must not be placed within bluff impact zones. 4. Uses without water-oriented needs. Uses without water-oriented needs must be located on 1°^® ^^^cels br^efeblJic^' o^VoVoTrapW ’: assuming summer, leaf-on conditions. 5. Fences, docks, retaining walls. No fence shall be placed within the shore setback 2°ne* “"landing, located landward of the OHWL shall be . . ig (p) of subject to the regulations for Pf*^ ®aced within the shore thir- section. Retaining walls shall not be pla setback zone. ORONO CC 376-11 (2-24-92) r F" E E — 1 S — •=! S F R I 1 2 : S hardcovt :r calculation worksheet SETBACK ZONE: (CIRCLE ONE)75-:50-250-500’500-1000* pyiSTlNC HARDCOVER IN ZONE A. House______________X b.r Lcnjih Wid* X X X S.F S.F. S.F. B. Canine S.F. C. Driveway X X Sr. S F. D. Sidev/alk X X 5S. S.F, E. Patio/Deck X X Z4^ i'7 S.F, S.F. F. Landscape Underlain By Plastic X X X S F. S.F. S.F. G. Other m S.F TOTAL HARDCOVER IN ZONE TOTA' PROPER r/ AREA IN ZONE ______B_____________ S.F. S.F. X 100 ^Z.Vo PROPOSKD H.ARnCOVER IN ZONE A. H'jusc _______________ S.F. Ltn^tli WicA X X X S.F. S F. S.F B. Garage S.F. C. Drive-.vay X X 2 •= S.F. S.F, D. Sidewalk X X S F. S.F. e. Patic/Deck X X S F. S.F. F. Landscape Underlain Pv Plwt'c X X X S.F. S.F. S.F, F* . O B G. O'hcr Sr TOTAL HAftJDCOVER IN ZONE total proferci ’ area (N zone • S.F. ■ S.F. A B A - B X 100 \'L/'7 7.,'cin meeting /i^pR 2 ^ REQUEST FOR COUNCIL ACTION tiTY OF OBONO Date: April 23, 1998 Item No.: 5^ Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: U2350 Kevin & Lisa Olsen and James & June Touve, 4196 North Shore Drive- Class I Subdivision of a Lot Line Rearrangement - Resolution List of Exhibits A - Resolution B - Notice of Council Action 4/14/98 On April 13 Council approved the separation of Lot 57 from Lots 55-56 subject to legal combination of Lots 57-58-59-60-61. Council noted that this approval does constitute any representation by the City that the combination of 57-61 is a buildable site; the approval is merely intended to rectify a past combination that was not intended by the prior owners, that cannot be substantially documented as to the actions which resulted in the original combination, and that does not reflect the current ownership of the property. A resolution for approval reflecting the above is attached for council adoption. Council Action Requested Adopt or amend the attached resolution. Proposed motion: Moved by__seconded by___, to adopt Resolution No.__granting approval of a Class I subdivision of a lot line rearrangement for properties located at 4196 North Shore Drive. Vote:__ayes,__nays. r A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 4196 NORTH SHORE DRIVE FILE NO. 2350 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and 'yf^EREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class I subdivision ot a lot line rearrangement by Kevin and Lisa Olsen and James and June Touve (hereinafter "the applicants") involving properties legally described as follows: Lots 55, 56, 57,58, 59, 60 and 61, Highwood, Lake Minnetonka, all in Hennepin County, Minnesota (hereinafter "the property"); and uj- • • ''^EI^AS, the applicants have completed all requirements of the City for a Class subdivision of a lot line rearrangement for division and combination purposes, in order to divide Lot 57 from the tax parcel (PINS #07-117-23 44 0047) currently including Lots 55-56-57 and subsequently combine Lot 57 with Lots 58 thru 61; and . WHEREAS, the City Council finds that the proposed division/combination is intended to rectify a past combination that was not intended by the prior owners, that cannot be substantially documented as to the date of initial combination, and which does not reflect the current ownership of thv r>ro,-dy. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Class I subdivision of a lot line rearrangement for the applicants as shown on the Certificate of Survey by James Kyro dated March 15, 1988 and attached to this Page 1 of 3 r resolution, subject to the following conditions; 1.Upon Ihc approval of this division by the City Council, the applicants shall take action to legally combine for tax purposes Lots 57, 58, 59, 60 and 61, leaving the combination of Lots 55 and 56 as a separate tax parcel. 2.The approval of this subdivision does not purport to establish whether the combinauon of Lots 57 thru 61 is a buildable parcel, nor does this approval grant any Specific buildability rights to said combination of Lots. 3.Applicants shall provide confirmation of legal ownership of the property via title opimon or other form satisfactory to the City Attorney belbre the subdivision of a lot line rearrangement will be released for filing. 4.The aforesaid division shown on the attached Certificate of Survey shall be filed by Je City of Orono w ith either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 27, 1998 together with a certified original copy of this resolution. 5.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application w ith the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 27th day of April, 1998. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 2 of 3 L r 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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. Notary Public Page 3 of 3 r L CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473*7357 application NO. #2350 NOTICE OF COUNCIL ACTION Date of Notice: 4/14/98 TO;KEVIN & LISA OLSEN 3580 BAYSIDE ROAD LONG LAKE MN 55356 COPIES: JIM & JUNE TOUVE 17216 PETERBORG ROAD EDEN PRAIRIE MN 55346 TYPE OF APPLICATION: Subdivision DATE OF MEETING; 4/13/98 FOR 5 AGAINST 0 COUNCIL ACTION - MOTION: To approve the separation of Lot 57 from Lots 55-56, subject to the condition that Lots 57- 58-59-60-61 be legally combined. Council directed staff to draft an approval resolution for adoption at the Apnl 27 meetmg (meeting begins at 7:00 p.m.) Council indicated that this approval ste Dfil constitute any representation that the combination of Lots 57-58-59-60-61 is a buildable site. City staff will contact you if any further information is needed prior to the April 27 meeting. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ra ''ih- -hi,— !.- .■V,/ !»'• . ' r— . r COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 7 1998 C17YOFORONO DATE: ITEM NO.;t b Department Approval: Administrator Reviewed. Name Liz Van Zomeren Title City Planner/Zoning Administrator Agenda Section: Zoning Item Description:#2352 Rick Fredericksen for Woodhill Country Club 200 Woodhill Road Conditional Use Permit—Public Hearing Zoning District;RRl-B One Family Rural Residential District Lot Area;70 acres Application:The applicant is proposing to construct a 14' by 22' (308 sq. ft.) pump house over a well. The country club is a conditional use in this zoning district. Any change or addition to the land requires an amendment or revision of the conditional use permit. Previous conditional use permits were granted for land alteration. PLANNING COMMISSION RECOMMENDATION: On a vote of 5 in favor with 1 abstention to approve. COUNCIL ACTION REQUESTED: To approve the enclosed resolution, TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, Cit> Administrator Liz Van Zomeren, Citv Planner/Zoning Administrator DATE:April 1,1998 SUBJECT; #2352 Rick Fredericksen, representing Woodhill Countr> Club 200 Woodhill Road Conditional Use Permit-Public Hearing Zoning District: RR-IB Lot Area:3,049,200 One Family Rural Residential District (2 Acres) square feet (70 acres) Application: The applicant is proposing the construction of a 14' by 22' (308 s.f.) pi^p house over a well currently being installed. Because the country club is a conditional use, any additional structures erected upon the property are subject to conditional use permit review. Pertinent Ordinances: . Section 10.20, Subd. 3(C): Conditional Use Permits, County Clubs 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 proposed pump house is subject to the performance standard of meeting a 50' setback from any property line on a property that is already a conditional use. The shed will be located approximately 185'from the nearest lot line, which exceeds the code requirement. Furthermore, a dense stand of mature trees will screen the shed fi'om the view of the adjacent residential neighborhood. 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. I j U2352 Rick Fredericksen, representing Woodhill Country’ Club 200 Woodhill Road Conditional Use Permit April 20, 1998 Page I The proposed accessory structure will not negatively affect the public health, safety or welfare. 3. That the proposed conditional use will comply with each of the applicable pro 'isions of the Zoning Chapter. The 50' setback required for accessory structures on properties that are a conditional use is the only applicable performance standard for this proposal. This proposal exceeds the requirement. The structure will meet other applicable zoning requirements for height and footprint. Stafl^ Recomnendation: To approve the conditional use permit for a pump house as submitted. Attachments: A Application B Plat Map C Location Map D Topographic Map E Permit Record F Property Owners List G Survey H Pump House Elevation Drawings itrorti rt»Bn liiumisirc RjiTinimiRl OiUiPJ MitUiira miilCTiin V, \ 6. The City Council finds that granting an amended conditional use permit to allow construction of a 14' x 22' pump house over a well 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. 7. 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 10.20, Subdivision 3, C. to permit the construction of a 14' x 22' pump house over a well as shown on Exhibit A. subject to the following conditions: 1. 2. 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 pemiit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (April 27, 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 properly. Adopted by the Orono City Council on this 27th day of April, 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 27^ day of April, 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. Notary Public Page 3 of 5 STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199_before me a Notary Public within and for said county, personally appeared__________________________^;----------------- known to me to be the person(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 4 of 5 4 78-014 r Application # _ Date Received Amount Paid S^OO 'SZ. \'m. CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 200 Woodhili Road, VJayzata MN 55^91 Type of Application to be Filed fonHif ional Use Permit. Property Identification Number (P.I.D.) 02-117-25-42 0012 APPLICANT Name Woodhili Country Club Phone (home) 475-5811 Phone (work)_ c**- . **J Address ?nfl WonHhi 11 Rond City Wavzata Zip 5S591 OW'NER (if different than applicant) Representitive Phone (home)—475-1751 Name Rirlc Fredericksen________________ Phone (work)—475-5811 Address___________________________-------------------------------— Date Property Acquired ___________________—---------------------- 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.) _____$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 - 101 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) '.y PRESENT USE OF PROPERTY Present Zoning District_________ -- Present Use of Property ______Residential X Other (specie Golf Course J. ^4. _i< 5. ___ 6. ___ 7. ___ 8. ___ 9. REQUIRED SUBMITTALS 1. V Completed Applica ‘ion Form. 2. X Describe request in detail. Certified Property Owners List of owners within 350 ’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-327D. 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. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff; Date_________________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant ’s signature Date >? “ 13" 7 ^ OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry' onto the property by City staff, consultants, agents, commission members, and Council .members for purposes of in^stigation and verification of this request. Owner ’s signature IS ol mvestigatic it7"a o JDate V? "•/J* ~ ^ ^ Applicant must have all submittals into the Ciw 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 I I I I I I I I I Ir: 5555 55 55 Zco l/^oaPUl l^o^d 1 1 * ■s ••• Otono \ «A • i ■* Club e '■.,'rcr 3vtiig V V *9 i n i_Ji ■ IZDoo A 0 ▲ RfCttAflOa Ali^CtlC MClb tfCfttAlim A»f*SICaS1*a«aOiflltfft ilC-* UlllMV tot ■AtltOAO tlC«M ■ AllAOAO tanCM caouao COaitOi • «l«f c«0u«0 COiltOi • »Ctl2 IkOCi COklOut ratrtf«oiAic cokiot^ Ma«rM!OB COifOt^ msam» ccaiou* fkOI filtatio* Si»i« »•!••• 0 too NE 1/4 SEC 02 T117N. R23W HENNEPIN COUNTY fO* Orono* Minnctoti 0«t« •• J*|7*§7 HORIZONS. INC. AiaiH turriac Moaiuioa*4.i NOttZCMS* riLI 2-M42 V Permit No. nK9 ;33M- 3g-93 V39/ <ra9U LMl )99] n<3L 4l'7o, A V 36 h' ! Um'? 99/6 QULii PERMIT RECORD Date /S-J9-6, 9-A? /o-/6> ~^X /<i -/9-73 ! 1-13-13 /3-n-73 U-!7- 7</ 7- /^-7 9 /f~cP~d '^0 ll-/lr-99 //ui-n c9-P3- ^9 - 9 9 ; -<55-^3 9 . 9-/S-9<~l /c -/ 3 -9 9 //'/?-<? 9 9 '/6'9 7 3106 (juood^'-fjil /fd. E Type of Permit 'Pflpa . TLh f QJ/jln /E^aof^y^ SjLajl^'P iT~ PpriiA -f S^Ufl>LCl /'JxTU.tiJ> . 7^,QynOOcx4-C. '^C^d'77A " PAX/KCA.'jp^J^ ^">x 0 ^ 1('ca%u‘-/I( p pj-t 'inuiM '3U-icd Ktjm-exj.^ r. ..r .... r^?r«:aj tJmrg RUN DATE 03/0A/98BATCH 504PROP AODR ONNER NAME TAXPAYER NAKE/ADDR 38 02-117-23 24 000901260 HOODHILL AVE CAM MAILECHARLES W A MARLA C MAILE 1260 HOODHILL AVE WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST38 02-117-23 24 001201245 HOODHILL AVE G L STORCH ASS STORCH 6ERLAD L A SHELLY S STORCH 1245 HOODHILL AVE HAYZATA MN 55391 REPORT NO. PI435401 PAGE 1538 02-117-23 24 001300038 ADDRESS UNASSIGNED LUCY C MITCHELL ET AL LUCY C MITCHELL 1255 HOODHILL AVE WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 41 0002 00985 EDGEWOOD HILLS RD MARY JEANNE V BOHEN MARY JEANNE V BOWEN 3301 RUM ROW NAPLES FL 34102 38 02-117-23 41 0003 01045 EDGEWOOD HILLS RD FREDA C KEITH FREDA C KEITH 1045 EDGEWOOD HILL RD WAYZATA MN 55391 38 02-117-23 41 0009 00038 ADDRESS UNASSIGNEO MCLEOD CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 42 0002 01055 EDGEWOOD HILLS RD 0 ELOREDGE JACKSON III ET AL D E A K K JACKSON III 1055 EDGEWOOD HILL RO WAYZATA MN 55391 38 02-117-23 42 00450 HOODHILL DAVID A WILSON DAVID A WILSON 450 HOODHILL RD ORONO MN 55391 0003 RO 38 02-117-23 42 0004 01065 EDGEWOOD HILLS ANNE L RITZ ANNE LARSEN SIMONSON 1065 EDGEWOOD HILLS RO WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 42 0005 00325 HOODHILL RO J L CONNER A 6 J PAULUCCI J L CONNER A G J PAULUCCI 201 1ST ST W SANFORD FL 32771 38 02-117-23 42 0006 00038 ADDRESS UNASSIGNED THE NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS MN 55414 38 02-117-23 42 0009' 00038 ADDRESS UNASSIGNEO THE NATURE CONSERVANCY NATURE CONSERVANCY 1313 5TH ST S E SUITE 314 MPLS MN 55414 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 42 0011 00038 ADDRESS UNASSIGNED CITY OF ORONO CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 02-117-23 42 0012 00038 ADDRESS PENDING HOODHILL COUNTRY CLUB HOODHILL COUNTRY CLUB 200 HOODHILL RD WAYZATA MN 55391 38 02-117-23 43 0026 01165 FERNDALE RD H BRADLEY C BOWMAN II BRADLEY C BOWMAN II 1165 FERNOALE RD W WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 35-118-23 34 0003 00038 ADDRESS UNASSIGNEO 6 MARC WHITEHEAD ETAL 6 MARC WHITEHEAD 1220 LYMAN AVE WAYZATA MN 55391 38 35-118-23 34 0004 01220 LYMAN AVE G MARC WHITEHEAD ETAL G MARC WHITEHEAD 1220 LYMAN AVE WAYZATA MN 55391 38 35-118-23 43 0024 01200 LYMAN AVE R S A N N CORNFIALL RICHARD S CORNWALL 1200 LYMAN AVE WAYZATA FW 55391 T1 rRUN DATE 03/04/98BATCH 504PROP ADDR ONNER NAME TAXPAYER NAME/ADDR 38 35-118-23 43 002600038 ADDRESS UNASSIGNED BURLINGTON NORTHERN RY BURLINGTON NORTHERN RY HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWERS LIST38 35-118-23 43 002801170 LYMAN AVE BRUCE A MCFADDEN BRUCE A MCFADDEN 1170 LYMAN AVE WAYZATA MN 55391 REPORT NO. PI435401 PAGE 1638 35-118-23 43 002900038 ADDRESS UfiASSIGNED D C & E D MOG^^N DONALD C A EL^ANOR D MOGEN 7450 BELLAIRE AVE DUBLIN OH 43017PROP ADDR ONNER NAME TAXPAYER NAME/ADDR 38 35-118-23 43 003000038 ADDRESS UT4ASSIGNED CITY OF ORONO CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 35-118-23 44 000600038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND FOR SALE TO ADJACENT PROPERTY OmER ONLY 99 01-117-23 22 000300490 HAY2ATA BLVD H CITY OF WAYZATA CITY OF WAYZATA 600 RICE ST WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 99 01-117-23 23 0001 00601 CO RD NO 15 WOODHILL CNTRY CLUB WOODHILL CNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 01-117-23 23 0002 00501 CO RD NO 15 WOODHIL CNTRY CLUB WOODHILL COUNTRY CLUB 200 WOODHILL RD WAYZATA MINN 55391 99 01-117-23 24 0003 00401 CO RD NO 15 MCLEOD CO REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 99 01-117-23 24 0004 00401 CO RD NO 15 BURLINGTON NORTHERN INC BURLINGTON NORTHERN INC 99 01-117-23 32 0001 00601 CO RD NO 15 WOODHILL CNTRY CLUB WOODHILL CNTRY CLUB 200 WOODHILL RD WAYZATA MINN 55391 99 01-117-23 32 0002 00501 CO RD NO 15 WOODHILL CNTRY CLUB WOODHILL CNTRY CLUB 200 WOODHILL RD WAYZATA MINN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 99 01-117-23 32 0007 00502 CO RD NO 15 JOHN H A JUDITH C FANCIER JOHN H A JUDITH C FANSLER 162 RIDGEVIEW DR E WAYZATA MN 55391 99 01-117-23 32 0008 00699 HILLSIDE DR W JAMES A LOOSEN JAMES A LOOSEN 225 LINDAWOOD LA WAYZATA MN 55391 99 01-117-23 32 0020 00700 HILLSIDE DR W CHRISTOPHER R VOLLRATH ET AL CHRISTOPHER R VOLLRATH 700 HILLSIDE DR W WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 99 02-117-23 11 0001 00200 WAYZATA BLVD W WOODHILL CNTRY CLUB WOODHILL CNTRY CLUB 200 WOODHILL RD WAYZATA MN 55391 99 02-117-23 11 0004 00500 WAYZATA BLVD W CITY OF WAYZATA CITY OF WAYZATA 600 RICE ST WAYZATA MM 55391 99 02-117-23 41 0001 00700 HILLSIDE DR W CHRISTOPHER R VOLLRATH ET AL CHRISTOPHER R VOLLRATH 700 HILLSIDE DR W WAYZATA m 55391 t * ♦ f $ • COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 7 1998 OfTY OF ORONO DATE: April 22, 1998 ITEM NO.= 7 Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2354 Konrad Krueger 520 Hanlon Avenue Wa>zata MN 55391 Variance - Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 acres) Lot Area: 4,853.9 sq. ft. (.11 acres) I i Application: The applicant is proposing to rehabilitate the existing residence by adding a second floor and a one car tuck under garage. Variances are required for front, side and rear yard setback. PLANNING COMMISSION RECOMMENDATION: To unanimously approve on a vote of 6-0. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. V. •, -St- ' V. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28 SUBD. 5 (B) FILE NO. #2354 WHEREAS, Konrad Krueger (hereinafter "the applicants") are the owners of the property located at 520 Hanlon Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 17 and 18, Block 15, "Minnetonka Bluffs, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subd. 5 (B) to rehabilitate the existing residence by adding a second story and a tuck under garage. Variances for front, side and rear yard setback are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2354. The property is located in the RR-IB Single Family Rural Residential Zoning District requiring 2 acres in area. 3.The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A. The zoning lot does not meet lot area or lot width minimum requirements. B. The existing residence encroaches into the required front, side, and rear yard setbacks. Page 1 of 4 1 wiTiniro l•]ra• [tiirtniTti n retire niriT!^ « oiiirtfsi BlMliMm [wiira KKiira rtMtrctiii rwiirc riTirriTiWirtii liJMCiMi] [tm iriVsVti tnnri 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain ot Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of April, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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. Notary Public Page 3 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ^ On this_______day of Public within and for said County, personally appeared STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this within and for said County, personally appeared FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Brad Bressler, Planning Assistant March 31,1998 SUBJECT: #2354 Konrad Krueger 520 Hanlon Avenue Variances—Public Hearing RR-IB 4,853.9 One Family Rural Residential District (2 Acres) square feet (.11 acre) Application: The applicant is proposing the construction of a second level addition over the existing residence and an attached, one car tuck under garage that will encroach into required yard areas. Variances are required for front, side and rear setback. ANALYSIS ][.nt Area ?nd Yards RR-IB requirement subject property Lot Area 2 acres .11 acre Lot Width 200 ’ 75.01' Front Yard 50 ’ 28.3' existing 25.1' proposed Side Yard 30 ’ 9.5* (16.5 ’ for addition) Rear Yard 50 ’ 14.5 ’ (16’ for addition) The subject property does not meet requirements for lot area, width, or front, side and rear setbacks. «gtnirtiiral Toveraec Total Lot Size 4,853.9 s.f. Total Structural Coverage 695 s.f. existing 1,140.44 s.f. proposed Percentage 23.5% is not an issue with this application as lots are allowed a minimumStructural coverage is not an issue wiui u ph overhane on the front of the house of structural coverage. The proposed igure me u ' is 1 031 s f or 21.24% exclusive of not reflected on the survey. The proposed structural coverage is 1,031 s.l. or z i the overhang. Hardcover Distance from Shoreline 300 ’-1,000' Total Area in Setback 1,940 s.f. Existing Hardcover 3.35% (65 s.f.) Allowed Hardcover 35% (679 s.f.) Proposed Hardcover 406 s.f. (20.93%) Variance Requested none Hardcover is not an issue with this application H235-t Konrad Krueger 520 Hanlon Avenue Variances April 20, 1998 Page! . M ■ f -SW i r STATEMENT OF HARDSHIP The applicant ’s statement of hardship is noted on the application form (Attachment A). 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 zoning lot would be unbuildable if held to the zoning district standards. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The zoning lot was platted and rearranged prior to current zoning district requirements. Many of these substandard lots have been combined to form larger, more conforming parcels, while the subject property has not. 3. The variances, if granted, will not alter the essential character of the locality, The variances for front, side and rear setback will not change the character of the area. 4.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. An attached garage is allowed in this zoning district. 5.The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Lots in the immediate neighborhood were platted prior to current zoning district requirements and do not meet current standards for area or width. Furthermore, the adjacent residences are larger, have attached garages and are located closer to the front lot line than the .vabject property. H2354 Konrad Krueger 520 Hanlon Avenue Variances April 20. 1993 Page 3 J r 6. The conditions do not apply generally to other land or structures in the district in which said land is located. The lot depth is 64.72' where 129.48' is existing for most lots in the area. This makes meeting the front and rear setbacks for the subject property impossible. 7.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing residence could not be improved by expanding it upward or outward without the granting of the necessary yard setback variances. 8.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 existing one story residence has a footprint of695 s.f with no garage. By adding a second story and one stall attached garage, the livability of the residence will be greatly improved. Issues 1. T j;,'iop':;r5y does not meet lot area or width requirements. 2. The ex . -.^ng residence encroaches into the required front, side and rear yard setbacks. 3.There is currently no garage on the property. The one stall attached garage as proposed has the minimal footprint to be functional as it would not be feasible if its footprint was reduced. 4.The survey shows the garage addition encroaching 3.2’ closer into the front setback than the existing residence. The elevation drawings show the front overhang of the garage even with first level overhang of the residence. The applicant should note that all other overhangs extending beyond 1.5' will count as further encroachments on required setbacks. It is unclear how much the awning will further encroach on the front setback as the elevation drawings are not scaled. 5.While Hanlon Avenue is platted as 60' wide, the actual maintained street is approximately 18' wide and it will likely not be widened in the future. Therefore, the actual proximity to the street is not as great as is appears based on the survey. U2354 Konrad Krueger 520 Hanlon Avenue I'ar lances April :0. 1993 4 r 6. It appears that constructing the nick under garage will require the construction of a retaining wall that will likely exceed 4’ in height. The applicant should be advised this will require an engineered grading plan at the time of the building permit application. STAFF RECOMMENDATION Staff recommends approval of the necessary variances to allow the construction of a second story over the existmg residence and a attached one stall garage. Staff recommends approval of a front setback variance of 24.9* to allow the nearest portion of the residence to be located 25.1' from the front setback where 50' is required and 28.3' is existing. This approval also includes the front awning. This overhang shall be even with the front overhang of the garage which shall not extend more then 1.5' beyond the exterior wall nor should any other overhang of the residence with the exception of the front awning. Staff recommends approval of a side setback variance of 20.5' to allow the 9.5' setback to remain where 30' is required. Staff recommends approval of a rear setback variance of 35.5' to allow the 14.5' setback to remain where 50' is required. Attachments A B C D E F G H I Application Plat Map Property Owners List Location Map Topographic Map Permit Record Survey Elevation Drawing Hardcover Worksheet ff2354 Konrad Krueger 520 Hanlon Avenue yariances April 20. 1998 Page 5 r . '-S *♦ n ;? i ^ .yjixr^rrx'' c» •- i*X >. - «w :y Application if ^ Date Received vZ^ /^(> Amount Paid t IjfP.ot) ^/ 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 Property Identification Number (P.I.D.)_V7Z^:S tOOS8 Attach legal description to application if not included on required survey. Date Property Acquired_______K .\A \ ^ 1 I (do) (do not) also own the adjacent parcels of land. Present use of property: ^^residential ___other (specify). Zoning District:______/T/f- ) f\ .(month/year) APPLICANT Name 2jU\ (^ . Phone (home) Phone (work). lic>7(^ Address: -^ t r\ iA-ai gJv City:'Tts(sltzL\\^>/ Zip: f OWNER (if different than applicant) Name ______ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Lot Coverage ' Setback: ^Front Vs Side Rear 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: VT5Y PcJVrtT^ fnLvFSs ( vCi?^:7 ^ ^ \ (attach additional sheets if necessary) *ocrr crrt\:\95£_‘“T>VK7 7 /'i / ^v>.: I« 164. ' 6 (47) / <T CO 'Tioi 93. 12 X X.' ^ v.rt, \vyjZ— '41.2 A^:.,^..... 0 115.7 N69 “53M0-E v'--. C\t O) a> \L0T 15, BLOCK 12 MINNETONKA BLUFFS /vJ- V' CD fvj Csi .. ( 282.45 N SON 12 rAt~rir^-w 127.92 A 1 0s a \'(49)^ \ a 1-------------OJa -■ r-^ /' \$a ^ (5)s 6 a i'a| a CO >* :x) 9 §t;' (8) ^ '0 a ■1 (9):: a 12 \ ^ 127.75 :j> <:m ^(26)24 50 >o —a %y 0 ^(14) ^%\rvj<M50%% >^ a a 2! f'4 N y: L !0 i (46) ; % 1 5 ‘ ^5)\ ^,2504^ a ^ (23) /]7 a (22)(16) ^ ,n 16 ^ (21) ® a (17) ^ « (20)\ 10 a 1 « '4 ^^CI9) \ " U! •CIS) ^ 13(j} ‘ ^^ '2 a 11*9.25 ,. It9.48 18 20 ,J \9.48 ,. A \ 19 V i ^ (3a)r ((21 ** 3 a 17 : 1 X 1*1 4 s '^r"i a 15 ^ 1 “ (36)a ■^rssT^r 7 a ^ (5) ^1 ® ^'' (29) 45 7\ 2!n < ,n 129.48 n'2 ]■ 129.48 \ 1 a " U (48) 0) (40) « \50\Ij^4 g 129.4 \* a 8 V5 ^ a^ (4 n \A/ > ; 7 3 K42)'^ 6 ^ 42-----------------------------—'2--fi3X ".vnTtrf^y-T-r .. RUN DATE 03/19/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LISTBATCH 501PROP ADDR OWNER NAME TAXPAYER NAME/AODR 38 02-117-23 31 0C1300500 HANLON AVE P A & M M BENNETT PAUL A A MEGAN M BENNETT 500 HANLON AVE WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR 38 02-117-23 31 0027 01255 DICKENSON ST MARION J DETTLOFF MARION J DETTLOFF 1255 DICKENSON ST WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 31 0036 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND 1027-NC 90 DAYS ENOS 3-30-98 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 02-117-23 31 0039 01295 DICKENSON ST R S MILLER/K E STENSO MILLER RICK S MILLER 1295 DICKENSON ST ORONO MN 55391 38 02-117-23 31 001500537 HANLON AVE R V A M E KOEHNEN ROBERT A MICHEL KOEHNEN 537 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0028 00539 KEENE AVE 0 HARALD ERIKSEN 0 HARALD ERIKSEN 6219 ZEAUNO AVE N MPLS MN S5A28 38 02-117-23 31 0037 00530 HANLON AVE L W THIES ET AL TRUSTEES LUCILLE WOODVILLE THIES 530 HANLON AVE WAYZATA MN 55391 TOTAL BATCH 501 00010 REPORT NO. PI635401 PAGE 138 02-117-23 31 001600565 HANLON AVE HADASSAH YEHUDIT ZOHARA HADASSAH YEHUDIT ZOHARA 565 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0035 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND 1027-NC 90 DAYS ENDS 3-30-98 8 I 38 02-117-23 31 0038 00520 HANLON AVE G D & C M TANGEN ROBIN ARNOLD BOOHAINE 520 HANLON AVE WAYZATA MN 55391 02-117-23-31-0014 521 Hanlon Ave • E S & A J Welch Eric S Welch 521 Hanlon Ave Wayzata MN 55391 =Hs 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS PF THE HENNEPIN COUNTY DEPARTMENT or PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. . DATE fAifO Mao------------------ coAwCi maoOOlVtVAVtOAli------ FAtfCO ^AOKIM— — — — - COAVfl fAlltIM —,... , . ., ■■ ,, CUA«MA|l -----1 ■ ♦ » tAllMAO -------------------------- OAfN ------------------I tlOCMAil I i iofocc t--------» ooci cutvctf ^ »iAAi . oaiocc wAii . cm tear C lAcf/aooo tftlAII —____^ OAaimacc I lac • ttcc C^CP fact cofca CXD *aA#^ rill Oulilar ----------------- riacc —• €Alf ■ ■ Ml I ■ VAIL L_J •Ulioiac L...J ivliDiao • Inoca COaiii, «CZD fiagcfurcf CD coacacic UAO t i laiwito rod [____1 aicafAtioaAL »Aciilff f MB tieat o o roil t siacn iiCMf ■ utiiiif ioi ■ OAliaOAO SICaAL A aAiiaoAO saiiCM 0 caouao eoaraoi • vcai. ▲caouao coataolHoaii./fcat. tss.i laoci coaroua • laiiaf«0IAfC coatoua ocraittioa coaioui oascuaio coaioua trot CilwAtioa rn COUNCILMEETINQ REQUEST FOR COUNCIL ACTION APR 2 7 1998 CITYOFORONO Date: April 23, 1998 Item No.: Department Approval:Administrator Approval:Agenda Section: Name: Michael P. GalTron Title: Senior Planning Coordinator Zoning Item Description: #2356, Jon & Diane Rappaport, 3067 Farview Lane - Vacation of Drainage Easement - Resolution Zoning District: LR-1 A, Single Family Lakeshore Residential, Unsewered Request: Vacate diainage easement, relocate drainage way and rededicate a new drainage easement to allow construction of a replacement septic system. List of Exhibits: A - Resolution B - Memo and Exhibits of April 16, 1998 Please review the memo and exhibits of April 16. Briefly, applicants propose the vacation of a drainage easement dedicated within their property, in order to use this area for replacing their non- conforming 'c system. The actual drainage pattern in this area does not match the drainage easement as ■ riginally dedicated, so the proposal is a win-win situation. Applicants will be able to use the exumng easement area and the City will gain a new easement correctly positioned over the actual drainagevva>. Some minor grading work will need to be done by applicants’ septic installer when the new system is constructed to ensure future drainage will not affect the septic system. The legal description for the new easement has already been drafted by the surv'eyor, and is shown on the jurvey. Planning Commission reviewed this requested vacation on April 20 and recommended approval, finding that the existing easement sers^es no public purpose and the proposal results in ;io negative impacts to neighboring properties or the City as long as a new easement is granted. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED Adopt the attached resolution approving the vacation subject to granting a new easement. ' -rK A RESOLUTION APPROVING THE VACATION OF A DEDICATED DRAINAGE EASEMENT WITHIN LOT 5, BLOCK 1, FARVIEVV - FILE NO. 2356 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Jon & Diane Rappaport (hereinafter the "applicants") on March 24, 1998, filed a formal application with the City of Orono (hereinafter "City") for vacation of a drainage easement dedicated within the plat of Lot 5, Block 1, Farview, Hennepin County, Minnesota, such easement to be vacated being legally described as follows: That part of the drainage easement in Lot 5, Block 1, FARVIEW dedicated to the public in said plat which lies easterly of the west 20.00 feet of said Lot 5 and which lies northerly of the following described line: Commencing at the point of intersection of the southerly segment of the southeasterly line of said Lot 5 with the shoreline of Lake Minnetonka; thence on an assumed bearing of North 36 degrees 33 minutes 47 seconds East along said southerly segment to the angle point in said southeasterly line, and the point of beginning of the line being described; thence North 68 degrees West to the west line of said Lot 5, and said line there ending. (hereinafter "the drainage easement"); and WHEREAS, after due published and mailed notice, the Orono Planning Commission held a public hearing on April 20, 1998 regarding said casement vacation, at which time all persons desiring to be heard concerning this application were given the opportunity to speak theieon; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested easement vacation and the City Council of the City Page 1 of 3 r %t of Orono finds that said easement vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. The vacation does not affect access to or use of any adjoining property. 2. 3. 4. The City has not and does not intend to develop, improve or use the drainage easement in its current location because the current location does not coincide with the actual drainageway in which drainage flows through Lot 5, Block 1. The unimproved dedicated drainage easement as it currently exists serves no public purpose. The applicants have agreed to the granting of a new drainage easement over the actual drainageway in use within Lot 5, Block 1. NOW, THEREFORE BE IT RESOLVED, that the petition of Jon and Diane Rappaport is hereby granted and that the drainage easement as described within the plat of Lot 5, Block 1, Farvievv, Hennepin County, Minnesota is hereby vacated. The granting of this petition is subject to the following couJ* .ons: 1. Upon vacation, applicants shall grant to the City a drainage easement over the drainageways shown in Exhibit B attached hereto, such drainage easement to be granted per the legal description appearing in said Exhibit B. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 27th day of Apri?, 1998. ATTEST; Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 2 of 3 r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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 3 of 3 To:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Michael P. Gaffron, Senior Planning Coordinatoi April 16, 1998 #2356 Jon & Diane Rappaport, 3067 Far\'iew Lane - Vacation of Drainage Easement - Public Hearing Zoning District: LR-1 A, Single Family Lakeshore Residential, 2-acre, Not sewered Summary of Request: Vacate drainage easement, relocate drainageway and rededicate a new drainage easement to allow construction of a replacement septic system. List of Exhibits A - Application B C D E F G H Plat Map Property Owners List Survey Drainage Area Map Septic System Inspector's Comments Excerpts from Site Evaluation & Design 1978 Letter re: Drainfield Site Grading I "7 Disenssiun This property contains a nonconforming septic system which must be replaced by December 31, 2001 per current City ordinances. Applicant's site evaluator has concluded that the only feasible replacement site is located just west of the e.xisting drainfield. A portion of the proposed mound location encroach into a drainage easement that was granted when this subdivision was platted (ca. 1977). However, the actual drainageway is west of the easement, and the new system can be constructed (and the drainagew'ay slightly relocated) so there is no conflict. The proposed easement vacation is the only apparent solution to providing a suitable site for a new septic s) stem on this lot. 1 he lot shape, the location of the pond next to Maxwell Bay, the steep slopes, and the house, driveway and well location, all add up to a difficult situation for dealing with septic systems. It should be noted that the proposed site is about 60' from the pond where code would require a 75 setback. This pond is not contiguous with Maxwell Bay, and is considered a wetland for septic system setback purposes. Weekman has advised he will approve an administrativ'e variance for this drainfield location, which he has aulliority to grant per the septic system ordinances (Municipal Code Section 12.30). r #2356 - Rappaport Aril 16, 1998 Page 2 Farvievv was one of the last plats created without having to do septic testing at the time of subdivision. My letter of August 8, 1978 noted concerns related to soil disturbances prior to the existing trench system ’s installation, although it has apparently held its own for nearly 20 years. Note that the alternate site tested in 1978 was on the north side of the driveway, which has since encroached into that site. That area was not very suitable even then as an alternate site, due to its slope orientation and narrow configuration. This property provides a good e.XcUiiple of the difficulty encountered in bringing septic systems into compliance with current codes. In the late 1970's when many of the homes on Farvievv were being built, the state of the art in site evaluation was significantly less sophisticated than it is today in terms of interpretation of soil characteristics and system design. The difficulties were only compounded when lots were platted without the benefit of site evaluation, so that individual site planning was burdened by inflexible lot lines. As a result, many systems approved in the late 1970 ’s are in locations that would not be approved under todays standards. Municipal Sewer On The .Horizon? Up until three weeks ago the City had no plans to bring sewer to the Farvievv neighborhood. However, the Council on March 23 directed staff to proceed with an amendment of the MUSA (Metropolitan Urban Service Area) boundary to incorporate the northeast shore of Maxwell Bay, as a first step toward bringing sewer to Orono’s remaining few miles of unsevvered Lake Minnetonka shoreline. While no specific schedule has been discussed for actual sewer construction, it may be appropriate for this and other property owners in the Farvievv neighborhood to delay system replacements pending further discussion of municipal sewers. Applicant notes he plans on constructing a 'sport court' in the area of the existing drainfield, and will likely go ahead with the system replacement regardless of the potential for sewer. Staff Recommendation The proposed easement relocation will have no negative impacts on this or neighboring properties. Staff recommends approval of vacation of the existing easement, subject to: 1 . Dedication of a new easement as proposed; and 2.Relocation of the drainageway to the new easement location at the time the septic system is constructed. i'! ^ A 7 '* ‘5 V ..3 Application #a=^SG Date Received Amount Paid 'S ^ {■'' : > ■■* CITY OF ORONO - VARfefl^CE APPLICATION VJ[nitial3.pplication Fee $25o7oO ^ ^As0M4^kJT V/A<l.Ait^O^ ($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 Site Address_______FarviptJ T.ano prono—55356 ------------------------------------ Propertv ’ Identification Number fP.I.D.I na-i i 7-?'^-^‘^-nnn7 Attach legal description to application if not included on required survey. Lot 5,Block1-Fairview Date Property Acquired October. 1997_______________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: x residential ___^other (specify)___^------------------------— Zoning District: R-1___________________________________—----------------------- APPLICANT NameJon D. & Diane S. Rapoaport______ Address: 3067 Farview Lane________ City: Orono Phone (home) 476-6289 Phone (work) ^^^-0*502 in- 55356Zip: OWNER (if different than applicant) Name __________ Phone (home). Phone (work)_ Address:Cit>:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail; New on-site sewage treatment system (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width ^ Setback:Front Side Hardcover Rear Lot Coverage ^ Average Lakeshore ^ Other (specify) Change location of drainage easement _______ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing ,. -.1. -7 • j • ...See attached report from S-Pcompliance with Zonmg Code requirements. __________________—;--------------- Testing, Inc. - The area proposedforthe new system is the only area availahip - nIH c;yghp>m -i g ni->n f-rtmp • (attach additional sheets if necessary) REQUIRED SUBMITTALS 1. 9 *9J. A K All of the following information ntust be submitted bv the application deadline date in order for your application to be considered complete: V^ 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). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8V2" x 11" for reproduction. CMOiyfc Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 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 all persons with an interest in the property. This would include name(s) of applicant(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 staff. 4. 5. 6. 7. 8. The Applicant and Properly Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is lr\p and correct to the best o^^^er knowledge. Applicant’s Signature Date OWNER'S SIGNATURE I The owner hereby acl^o\yJedges 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 inlestigatiort and verificatioi^f this request. Owner’s Signature . ' Date ^ Applicant must have>^l^ 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 1 ^1^* • i’■.* •. *-i RUN DATE 02/25/98BATCH 501PROP AOOR ONNER NAME TAXPAYER NAME/ADDR PROP AODR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 04-117-23 33 000503083 FARVIEH LA PHILIP C BYERS A NIFE PHILIP C BYERS 3083 FARVIEH LA LONG LAKE MN 55356 38 04-117-23 33 0008 03059 FARVIEH LA KAREN HYDE BAKER KAREN HYDE BAKER 3059 FARVIEH LA LONG LAKE HN 55356 38 04-117-23 33 0011 03125 FOX ST A 6 CARLSON A S J CARLSON ALAN CARLSON A SUSAN CARLSON 3125 FOX ST L(M6 LAKE HN 55356 38 04-117-23 34 0012 03C80 FARVIEH LA J H PARKER ABC PARKER JOHN H A BONNIE C PARKER 3080 FARVIEH LA S LONG LAKE HN 55356 TOTAL BATCH 501 00072 38 04-117-23 33 000603075 FARVIEH LAP A A L J TAYLORPAUL A A LUCIENHE J TAYLOR3075 FARVIEH LANE LONG LAKE HN 55356 38 04-117-23 33 0009 03051 FARVIEH LA R J BURGER ASA BURGER RONALD J BURGER 3051 FARVIEH LA LONG LAKE HN 55356 A 38 04-117-23 33 0012 00038 ADDRESS UNASSIGNED A G CARLSON A S J CARLSON ALAN CARLSON A SUSAN CARLSON 3125 FOX ST LONG LAKE MN 55356 38 04-117-23 34 0013 03070 FARVIEH LA DAB SILUS DAVID A BARBARA SILUS 3070 FARVIEH LA LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 338 04-117-23 33 000703067 FARVIEH LA JON D RAPPAPORT ET AL J RAPPAPORT A D RAPPAPORT 3067 FARVIEH LA LONG LAKE MN 55356 38 04-117-23 33 OCIO 03175 FOX ST DAVID A MAASS DAVID A MAASS P 0 BOX 392 LONG LAKE MN 55356 38 04-117-23 34 0008 02943 FARVIEH LA J T A K C DECKMAN JOSEPH T DECKMAN A KAY C«XJLTER DECKMAN 2943 FARVIEH LA •r LONG LAKE MN 55356 38 04-117-23 34 0014 03060 FARVIEH LA B P FLYGENRING A V P B P F.YGENRING A V P 3060 FARVIEH LA ORONO MN 55356 HAFSTAO HAFSTAO ^ / 1 ID>s ks M m a//,A %/•'. ( /' !/ / .■ ^ ,y ;y: ^ / / / •-' •■*■ y / -,.' /hi / /y ''" /■ /'%c' '/"' ,y/’^ ;,%»; / : ^ ! ' 1: : / ,a / ■’ ; / / .-'■ ^/ M O / ;/i'II \ • I I ■| I f r I k / f-''' N N M H ;!V *s > / B• -r r\ i i? \ \ i r TO; DATE: Michael P. Gaffron, Senior Planning Coordinator FROM: Stephen Weckman, On-Site Systems Manager April?, 1998 SUBJECT: Septic Review for Application #2356, Jon & Diane Rappaport - Drainage Easement Relocation The property owners must relocate a portion of the drainage easement at 3067 Farview Lane to provide a suitable future drainfield site. The current on-site sewage treatment system is non- compliant and must be repaired or replaced by December 31,2001. Soil borings and percolation tests submitted by S-P Testing, Inc. dated February 21, 1998 indicate that the best available drainfield site on the property i.- k cated :v:ross a drainage swale. The system design was approved provided that drainage be directed around the drainfield site and the drainage easement reflect the new drainage pattern. The survey submitted by Coffin & Gronberg, Inc. dated March 20, 1998 identifies the proposed drainage easement located ten feet from the future drainfield site identified by S-P Testing. The proposed drainage pattern appears to be feasible and the drainage easement is ten feet from the nearest edge of the proposed drainfield site. Based on the information provided, staff recommends approval of the proposed drainage easement relocation. CITY OF ORONO SEPTIC SYSTEM APPROVAL CITY of ORONO Municipal OfGces Post OfTkt Box 66 Co stal Bay. Minnesota 55323-0066 OWNER:Jon Rappaport GENERAL CONTRACTOR:SEPTIC CONTRACTOR: SITE EVALUATOR: S-P Testing The City of Orono has __ REPORT DATE: February 21, 1998 Approved________________your on-site system design as of March 24, 1998 (approved-disapproved) (date) witli die following comments: The design Is conditionally approved if the drainage is ilptlnggc io diverted around the drainfield site and the drainage easement is revised —drainageway. Also, a staff variance is granted for the location of the drainfield site on slopes greater than 6% due site limitations (site on 8%). THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit must be issued to a licensed septic contractor prior to installation. A list of currently licensed septic contractors is enclosed. NOTICE TO INSTALLERS: Any changes to the approved plans and specs must have prior approval of the Inspector (473-7357). Call for inspections 24 hours in advance. ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain m place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verined that primary and alternate sites are adequately protected. NO VEHICULAR TRAFFIC OF ANY KIND (cars, trucks, earth moving equipment, etc.) is allowed within 20’ of tested drainfield sites either before or after system construction. Compaction of these areas could render them unusable prohibiting the timely completion and or limiting the long term use of the property. A site copy will be available at the City Offices for the septic contractor. CITY OF ORONO StepherTW^^Ikifian, On-site Systems Manager TELEPHONE-473-7357 • FAX-47X15I0 S-P TESTING, INC.Steven B. Schirmers • MPCA Cert.No. 627 951 Katydid Lane NE • St. Michael. MN 55376 • (612) 497-3566 FAX(612)-497-5011 State License #394 February 21,1998 John Rappaport 3067 Farvievw Lane Orono, Henn. Co., MN ed This site has an existing on-site sewage treatment system classified as failed due to not meeting a 3' separation from the bottom of the system and the saturated soil according to city records. The tanks are a block type with the first tank being a cesspool which is classified as an imminent health hazard and must be repaired or disconnected within 10 months. This site has very limited space available for a new on-site sewage treatment system. The area proposed for the new system is the only area available. To use this area, the old survey shows a drainage easement at the west end of the proposed site which is not accurate. The new proposed easement is the actual drainage pattern. The change in the drainage easement will require approval from the City of Orono. Approval will also be needed for a 53’ setback from a pond (possible wetland) which is connected to Lake Minnetonka. Wetlands have a 75' setback and Lake Minnetonka has a 50' setback for the on-site sewage treatment system. This on-site sewage treatment system is designed for a Type 1, five bedroom home. In accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are SCS soils mapped - HbC - Hayden loam. The seasonally saturated soils were located at 26" to 32" (mottled soil). Due to the seasonally saturated soils, a Pressurized Mound System will need to be Installed to treat septic effluent. The bottom of the treatment area must be located at least 3’ above the saturated soils. ¥ ^ 1 A small washout approximately 1' deep is located near the center of the system. At the time of turnover, this area will be filled with original topsoil by turning the soil over Into the washout. The soils at a depth of 12" have a percolation rate averaging 4.2 mpi. A pumping chamber will need to be Installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump failure. The existing supply line exits the house above the basement floor with a pump in the lower level. The proposal is to abandon the pump and flow gravity from the lower level, The manifold and supply line pipe must have back drainage to the pumping chamber. The distribution pipes shall have their ends capped. Be sure the rock and sand fill material are clean. The sod layer below the entire mourided area must be turned over, just break up the sod, be sure not to over work. The existing tanks will need to be abandoned, pumped and filled with soil. All neighboring wells are located greater than 100' away from the proposed treatment area. Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the system will need to be relocated If failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. V .. y 1 / c Nothing other than human waste, toilet tissue, laundry, showers, water softener etc. should be disposed of into the septic tanks. Iron filters must be diverted out of the system. Garbage disposals are not recommended, due to adding more solids & fine so ids passing through to the system. Excessive amounts of soaps, cleaning agents & chlonne agents may kill the bacteria needed to treat septic effluent. Additives are not recommended. Recommend to pump & clean your tanks through the manhole by a certified pumper every 2 years. Check with your pumper to set up a schedule. Steven B. Schirmers 'f\r L„... IJi^^CITY.i 1^of.-3 ItORONO Telephone 473-7357CITY of ORONOPost Office Box 66 •Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka August 8, 1978 Ms. Betty J. Buesgens B. J. Builders 105A6 West 78th Street Eden Prairie, Minnesota 55343 THIS nEH lltS EEEHMicHomra Re: Drainfield - Lot 5, Block 2, Farview Addition Dear Ms. Buesgens: My recent site inspection of your house at 3067 Farview Lane in Orono revealed that the proposed drainfield site has been filled and regraded to a state where it in no way resembles the original soil surface. Since proper functioning of a drainfield relies on percolation through the natural upper soil structure, any drainfield installed in the present soil conditions has a high risk of failure. We will require that complete soil testing (three (3) borings and six (6) perc tests) be redone and approved prior to issuance of a permit for drainfield construction. If you have any questions, please feel free to call me during the day at 473-7357. Michael P. Gaffron Septic System Inspector MPG-.kh Vv: ... - * ^ . . . V'.*' ^ , ’ ■ * - . . . •• ./* ;;V- -V • iy‘- S . V * .»> iM 9^ iKii 'iW^rS?^T7tK7sT?Tsl ^■ctKiirt^ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24 SUBD. 5 (B) AND SECTION 10.22 SUBD (2) FILE NO. #2358 WHEREAS, Randy and Marie StafTanson (hereinafter "the applicants") are the owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 14, "Saga Hill Revised, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.24, Subd. 5 (B) and Section 10.22, Subd. 2 to allow the construction of a 720 sq. ft. garage to replace a 630 sq. ft. garage that was destroyed by fire. A variance for side yard setback to allow the proposed garage to be located 5.72' from the southwestern property line where 10' is required. A variance for hardcover in the 250' to 500' setback to allow 31.18% hardcover where 31.75% previously existed, and 30% is allowed. A hardcover variance is required. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2358. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A. The zoning lot does not meet lot area, lot width or front yard setback requirements. The previous garage did not meet the side yard setback requirement. Page 1 of 4 rannmiraivc r«^T¥«T*l •iinrt mm ifnoti [tinr«BiTtiwr«kYij Miiinfro •JIJIWSJ •YtMm RKVAinrtafl nmiii •ItTiMt^ nniTs rtviira rtMi»rtitHic^<ii itrori] rtiiiiMiKiiTtm Mil iTiaWtTil MniR [IkimIjMR] 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 27th day of April, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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. Notary Public Page 3 of 4 STATE OF MINNESOTA )) ss.COUNTY OF HENNEPIN )On this____day of___, 199 before me a Notary Public within and for said county, personally appeared________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he vif'ey) executed the same as his (their) free act and deed. NOTARY PITBLIC 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 (Aey) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNF.SOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___, 199_ before me a Notary Public within and for said county, personally appeared____________________ ^^--------------- known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM; DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Admmistrator April 15, 1998 #2358 Randy and Marie Staffanson 1422 Park Drive Variance(s)—Public Hearing Zoning District: LR-IB Lot Area: Application; 14383 One Family Lakeshore Residential District (1 Acre) square feet (.3302 acres) The applicants garage recently had a fire and has been demolished The applicants want to build a new garage and move it forward of the previous 00 print approximately 5'-7'. The new garage would be attached to the 10 required side yard. The previous garage was located 6.16' from *e property line; the proposed garage would be located 5.72' from the property e^eeedsTw hardcover becaS the P™P“ing slightly less hardcover because the proposed addition would move forward and be located over a portion ofthe existing driveway. Pertinent Ordinances: Section 1 0.24 5(B) LR-1 B, Setback Requirements. Section 10.03, 5(D) Non-Conforming Structures Section 10.22, 2. Hardcover K235S Randy and Marie Staffanson N22 Park Driee 4/20m page-I ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 1 acre i 140'35'10'30' Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard .3302 acres 128'25.45'proposed 5.72' at nearest comer of garage The existing residence does not meet the minimum lot size, lot width or front yard setback. The previous garage was located 6.16' from the property line. Because of the triangular shape of this lot and the relationship of the residence to the lot line, moving the garage forward will reduce the distance from the property line fro 6.16' to 5.72'. There is a shed on the property that is partially located in the 10' side setback area. The height of the residence is approximately 19' to peak and the proposed attached garage addition is proposed at 24'. If the garage was rebuilt on the old foundation, it would be restricted in height to no more than 19' to peak. Structural Coverage Total Lot Size Total Structural Coverage Percentage 14.383 sq. ft.1,857 sq. ft. proposed 12.90% The proposed garage addition will be within the zoning restrictions for structural coverage. lt23S8 Randy and Marie Staffanson 1422 Park Drive 4/20/98 page-2 Hardcover E i Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 250’-500’14,383 sq. ft.4,566.78 sq. ft. (31.75%) 4,314.9 sq. ft. (30%) 4,484.94 sq. ft. (31.18%) 170.04 sq. ft. (1.18%) The subject lot is located in the 250'-500' setback area from the lake. The existing amount of hardcover exceeds the allowed amount of hardcover by 251.88 sq. ft. or 1.75%. The applicant is proposing less hardcover due to the garage moving forward and locating over existing driveway. Much of the existing hai dcover is due to structure and driveway, walkways, and retaining walls. STATEMENT OF HARDSHIP 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 used as a residence, however, it does not have a garage and it is reasonable to want to replace the garage. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The situation is created by zoning requirements for setbacks and the fire which destroyed the garage. 3. The variance, if granted, will not alter the essential character of the locality. The variance will replace a garage that previously existed on the site. The proposal is to locate the garage forward of the previous location and attach it to the house. The proposed amount of massing is greater because the proposed height is higher than the previous garage. 4. The special conditions applying to the structure or land in question are peculiar to such property or inmiediately adjoining property. i^2358 Randy and Starie Stajfanson 1422 Park Drive 4/20/98 page-3 5. This is a special sit not ion because the former garage did not meet the side yard setback requirements. The fire destroyed the garage and the applicant is required to make the new garage meet setback requirements. Given triangular lot, the lot area, required setback and standard 2-car garage size, it is not possible to locate a new garage in an area that conforms to setbacks. The conditions do not apply generally to other land or structures in the district in which said land is located. The zoning setbacks apply to all other properties in this zoning district, however, most lots are not triangular. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A variance is needed to construct a new garage. It is not possible to locate a garage on the property that doesn't increase hardcover and use the backyard. 7. 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. 8. The variance will not impair health, safety, comfort or morals. The granting of such variance will not merely serve as a convenience to the applicant, but is necessar}' to alleviate demonstrable hardship or difficulty. This property does have a demonstrable hardship given the zoning district setbacks and the triangular shape of the lot. The location of the residence relative to the side property lines limits the replacement of the garage on the site. ISSUES The subject property does not meet lot area, lot width or front yard setback requirements, The previous garage was destroyed by fire and variances are required to replace it in the previous location. The applicant proposes to move it forward approximately 5'-7'. Hardcover will be reduced on site, however, it will exceed the 30% limit, as proposed. The shape of the lot and the location of the existing residence and driveway limits the allowed building pad for a new garage. M2358 Randy and Marie Stajfdnson 1422 Park Drive 4/20/98 page-4 The proposal indicates that the garage will be attached. The Building Official has 6. The permit record indicates that the garage was built in 1963. STAFF RECOMMENDATION 5Szt:s;“r ■ rsd Attachments A Application B Applicant's letter C Plat map D Topo map E Proposed survey E Reduced survey copy G Hardcover H-J Photos !C Elevation Sketch - Acknowledgement form Permit Record U2358 Randy and Marie Sfajffanson 1422 Park Drive 4/20/98 pages £3 Lot Aiea Setback: Other (specify) 3./ REQUIRED SUBiMITTALS All of the following information must be submitted bv the application deadline date in order for vour application 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). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8!4" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8 ‘/^" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy BYi" x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 4. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature TURE Date 0\^^MER’S SIGNATURE ' ^ 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 //_____________ Date __________ yyyOu} ^ 3-p4)-fr 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 'v^ Ju __‘:J L--‘ "\ ''|it£^v^ O o O^' Legal names of all persons with an interest in the property: Randall Gary Staffanson Marie Lorene Staffanson marital status: married Joint owners of the property: 1422 Park Drive Orono, Minnesota 55364 DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost: $25,000 We seek a variance to build our garage 6.0 feet away from our neighbor's property. Our 24-foot-wide garage burned down January 16, 1998 and had been 6.2 feet away from our neighbor's property since 1963 when it was originally constructed. Building the garage by city zoning codes (buildings must be 10 feet away from a neighbor ’s property) would cause an undue hardship as we would not be able to rebuild our 24-foot-wide garage. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Due to our existing deck and house, we are not able to move the garage further north east four feet. In order to replace the 24-foot-wide garage we had before it burned down (that was 6.2 feet away from our neighbor's property) a variance is needed. Due to the nature of our lot, we are not able to reconstruct our 24-foot-wide garage in compliance with Zoning Code requirements. r9.1 .•5*. MO HO 2 X too X %ri t ROSTBACK 1 ACRE 140 FEET 35 FEET 30 FEET 10 FEET 35 FEET LOT 2 //;/:r-AADJACENTOmUNG l".' Z.0' WORKSHEET ( AREAS CALCULATED BY AUTO-CAD ) >’ (±318* MEASURED) ’ :ONE 1,017.00 S.F. 168.90 39.78 43.18 4,566.78 14,383.00 S.F. A S.F. BZONE 1566.78 / 14.383.00 X 100 = 31.75 % PROPOSED HARDCOVER IN ZONE A. HOUSE B. GARAGE C. DRIVEWAY D. SIDEWALK E. PATIO / DECK F. LANDSCAPE UNDERLAIN WITH PLASTIC OR FABRIC G. OTHER (SHED & CONC. SUB) ( RUSTIC COVER ) ( WOOD STEPS ) TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ••• «'W-0m/\A*y / dc>(fed liritT Qr«. propose.*^ -ftwi/batk. \/ CONC PAD 1,017.00 S.F. 720.00 S.F. 1,.363.57 S.F. 219.37 S.F. 176.95 S.F. 348.30 S.F. 87.11 S.F. 144.10 S.F. 156.68 S.F. 168.90 S.F. 39.78 S.F. 43.18 S.F. 4.484.94 S.F. A 14,383.00 S.F. B )0 X TOO =31.18 % THE RELOCATION OF GARAGE RESULTS IN AN DECREASE IN HARDCOVER OF 114.84 S.F.. • • «. % • ■■■ vr'f /> J TOTAL LOT AREA- 143a3 SQUARE FEET OR 0.U02 ACRES SHED ON COtiC. PAD V LiMif <X of lA,hZl hous* ^a»Qs« /8<1 CERTinCATlON I HEREBY CERTIFY THAT THIS PLAN. SPECmCATION OR REPORT r i i: I I! BOUNDARY SURVEY OF LOT 1. BLOCK 14. SAGA BILL REVISED CITY OF ORONO. HENNEPIN COUNTY, MINNESOTA LEGEND o roMm E3 •UXLW9t mjkrac m r r ''Euo I rmMpm cam Miiuti LOT muworn immT mm mmu a**“ MmiOi 2M Tkf-mg (ftJMT VT ( Aica CAUi iCAAMia)JUVBI COM Hmpcmai m wm A. Moua \jfnm tf. & tmmi AMJD U omgmf 1/. 9. momjL m.pi L RAW /1/. ta JAAJD 1/ F. UWKARC •R.tl V.»n« R>s«e M Fww I44.«0 1/ IMAB 1/ X OM (»0 • OOC. AAB)litJO ( Rune C9€g )If. ( ■DOB TWF% )4ll«tr Vbn iMicoo»i m »<&f . AvtJA. p^arntm mu n bw «o&2 tf.f « OMCMS OOHC. I^UTK €0«t ) <mm,n / iorioo i md • %.n i AM anwAg M rnmeoxo or tiAM Bf. 1 WM KEMPER it ASSOCIATES INC. sf^SSVViS* MV LAND SUR'^YMCcENaNCEHINC CERTIFIC^E OF SURVEY _ ^ ' r SETBACK ZONE: (CIRCLE ONE) 0-75 ’75-250 ’250-500 ’ EXISTING H,ARDCO\TR IN ZONE A. House Lcnj'i A B. Garzge C. Drlvs-A-ay X A X D. Sidswalic E. Pa::o/T)eck A A X < V r. Landscape Underlain Bv Plastic 0 Or Fabric [•y 1 0 G. Other TOT.AL H.ARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 7 8 -5- B 14,3 5 cc X 100 PROPOSED RARDCO\TR IN ZONE A. House Lse^ei Vi~i± X X X -hi3T 1/B. Garage C. Driveway D. SIdewal’ic TOTAL H.ARDCOVER LN ZONE TOTAL PROPERTY' AREA IN ZONE A *V, HrtrC- . 79 •e- B I*4,i9^oo X 100 = 500-1000 ’ c S.F. S.F. S.F. S.F. cc S.F. m9_if_s.F. S.F. 2|0/l- S.F. S.F. t ~i fc '-15 S.F. ■%4i; • S.F. 97 M S.F. i44>c S.F. ' Sir. && S.F. lC:8.«5c 3^ .7 6 S.F. 4-3 *e 560; .7.5 S.F. i4, 353 rO S.F. •5 \ .7 5 fc I cn.cr S.F. S.F. S.F. S ^ “120 .cc S.F. I.34.*S‘S“ S.F. S.F. Z\Oj. T>7 S.F. S.F. ncc.s ^ 34S .'3C S.F. S7 *\___S.F. ___S.F. I5cij.<k8 ____S.F. 1^4. iC lij6.4c 34 7g S.F. h3 4, -^5%.•4’.~S S.F. • X 3Fh oc S.F. 3/* ig ffl i• • a A B «-r~i-v—mrvnii»ifc» Nl2 Pcrar\Or^ ^ ^ ^ e f ^ • ' ►••• , ' <*Fn £'•___:my M ‘■wmm cm/c——^▼V3L»-ct V - .j^:-i- ••• r;^■^r•"^r^•iS ^ _ ■. .;2 .. . \/if.o(- *•• % .• V Park D c '^L NI2 Park Onot ■ULiBlT' \k, fwmmm a '.'5^ -e<(- ■'. V*l -fo^A^ex- Park -j. .. Pr«vc / u r • if r t 3 )0 Adjacent Property Owners’ Acknowledgement Form ^)] [print address][print name have proposed improvement or proposed use of Ae property located -----referred to as Land Use Application No._____________________________ I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to ?ou„^n TlVf °4 °r use*but merely to clf™ Z Ae Cil^ project or use require Sll^provah Pr°P“^d neighbor's have reviewed the at u Property Owner Date If you have any information that may assist the City in the review of this Land Use ^rbr A Z’sSle'd ^ COUNCIL MEETINQEQUEST FOR COUNCIL ACTION A pr 2 7 1998 CTTYOFORONO Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator DATE: ITEM NO 10 Administrator Reviewed:Agenda Section: Zoning Item Description: /^2359 Hestia Homes for Matt and Karen Parks 825 Forest Arms Lane Variance-Public Hearing Zoning District: Lot Area: LR-IB One Family Lakeshore Residential District (1 acre) 55,025 sq. ft. (1.26 acres) Application:This application is for an average lakeshore setback for a garage that was constructed in March 1998. An average lakeshore setback is required because the residence is located closer to the lake than the adjacent residences. The other part of this application is for a lakeside deck to replace a previous smaller deck that has been removed. The deck also requires an average lakeshore setback variance. After the garage was constructed, the applicant was asked to provide topograhic information to determine if the lot is located on a bluff. The Planning Commission reviewed this application including a bluff setback variance. However, the Planning Commission indicated that it did not look like a bluff when they visited the site. Because of their concern, staff has again reviewed the four cross-sections and notes that there are several areas in each cross-section where the slope is greater than 30%. When the slope percentages are averaged, however, the degree of slope is slightly less than 30%. Therefore, this may technically be considered a steep slope and not a bluff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application as both an average lakehshore setback variance and a top of bluff setback variance and recommended a smaller deck to have less impact on the what was thought to be the top of the bluff. The Planning Commisision recommended a vote of 6-0 to approve an average lakeshore setback variance for the garage and the deck. The Commision also recommended on a 6-0 vote to approve a top of bluff setback variance for the garage and deck, however, they recommended reducing the size of the deck. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution that grants an average lakeshore setback variance for the garage and deck as originally proposed by the applicant finding that no bluff setback variance is required. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE #2359 WHEREAS, Matt Parks and Karen Parks (hereinafter "the applicants") are owners of the property located at 825 Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 2, Forest Arms, Hennepin Count}', Minnesota (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 April 20, 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 for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a one stall garage addition and a lakeside deck. Minnesota: 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2359. The property is located in the LR-IB Zoning District, where 1 acre is the minimum lot area. The property consists of 1.26 acres or 55,025 s.f. The Planning Commission reviewed this application on April 20, 1998, and recommended approval of a vote of 6 to 0. Page 1 of 4 r 4. The Planning Commission made the following findings of fact: 5 A. The zoning lot conforms to lot area, lot width, front, side and lakeshore setback. B.The residence is located forward of the adjacent residences. It was constructed before the adjacent residences. C.Any additions to the e.\isting residence require an average lakeshore setback. D. The garage addition was built in March 1998. 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 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. Ihe City Council has considered this application including the findings and recommendations of tlie 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 findii -e Orono City Council hereby grants variances to Municipal Zoning Code Section iO.22, Subdivision 1 (B) to grant an average Iake.shore setback to permit a one stall garage addition and lakeside deck. Approval was subject to the following conditions: Page 2 of 4 1. 2. 3. 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 (April 27, 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 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 27th day ot April, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COllNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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 3 of 4 >. r STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 lufP .fin’>4t6A5 § 10.56 , . A. 'Bluff” - A topographic feature such as a hill, embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50' or more shall not be considered part of the bluff): shoreland area; A.Part or all of the feature is located in a B. The slope rises at least 25' above the Ordinary High Water Level of the water body; _ . C. The grade of the slope from the toe of the blurf to a point 25' or more above the Ordinary High Water Level averages 30% or greater; and D. ^ • _ "Bluff. loe of the" - The . 50’ segment with an average slope exceeding 1855.lower point of a 2(b). "Bluff, too of the” - That point on Lhe cross-section or a bluff below whJch ^ the slope becomes more chan 1855 and above which the average slope for a distance of ‘ 50’ or more is 18% or less. 3. "Bluff Impact Zone” - A bluff and land located within 20' from the top of a bluff. "Commercial Use” - The principal use of the land and/or buildings for the sale, lease, rental or trade of products, goods, and services. . . "Deck” - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. "Duplex, Triplex, Quad ” - A dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living and sanitation facilities. . . 7. "Dwelling Site, Transient ” - A designated location for temporary or transient residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. "Dwelling Site” - A designated location where a dwelling unit is intended to be constructed. ORONO CC 376-2 (2-24-92) il S^C€P Slopt-§ 10.56 24. "Shoreland" - Land located within the following distances from public waters; 1,000 ’ from the Ordinary High V7ater level of a lake, pond, or flowage; and 300' from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. Where topographic divides occur at lesser distances from the involved water, the limits of shoreland have been modified per the official map entitled Shoreland Overlay District on file at the City offices. 25. "Significant Historic Site” - Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. 25. "Steep Slope" - Lands having average slopes greater as measured over horizontal distances of 50' or more, that are not bluffs. 27. "Surface Water-Oriented Commercial Use" - The use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. 28. "Variance" - Variance shall mean the same as that term is defined or described in Minnesota Statutes Chapter 462. 29.II r„ Fa ex Water-Oriented Accessory Structure or ^Facility" - A small, above ground building or other /^ementi improvement, except stairways, fences, docks, and retaining y,hich walls, which, because of the relationship of its use to ct mature, ® surface water feature, reasonably needs to be located ^j^g closer to public waters than the normal structure setback, and Examples of such structures and facilities include ^ boathouses, gazebos, screen houses, fish houses, pump P houses, lock boxes, and detached decks. 25. "Wetland" - Shall have the same meaning as defined in Section 10.55 of the zoning code. Subd. 4. Jurisdiction. The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Subdivision 7 of this ordinance. ORONO CC 376-5 (2-24-92) .0.56 iwing rater ream, :e on ides s of tied e as pter CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: HESTIA HOMES INC 4885 CO RD 6 MAPLE PLAIN MN 55359 TYPE OF APPLICATION: Variance DATE OF MEETING: ZONING FILE #2359 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 21, 1998 COPIES: MATT & KAREN PARKS 825 FOREST ARMS LA ORONO MN 55364 0 AGAINST'4/20/98 VOTE: 6 FOR Planning Commission recommends the following: Approval subject to conditions noted below. A 416 sq. ft. deck. No additional impact on bluff. NOTES AND SPECIAL CONDITIONS: Additional information is requested, as follows: Provide revised deck plan ASAP. Fax to staff or deliver. Fax # is 473-0510. Applicants ne.\t scheduled meeting is confirmed as: City Council April 27, 1998; meeting starts at 7:00 p.m. frorn'th^^t copies of the official Planning Commission minutes, they are available from the C.ty Recorder after review and approval by the Planning Commission. jig j as ance 5 as 4-92) rt»i [•THnwi mmK mmnmum ANALYSIS T.ot Area and Yards LR-IB District Standards Lot Area 1 acre Lot Width 140’ Street or Front Yard 35' Side Yard 10' Lakeside Yard 75’ minimum and average lakeshore setback Subject Property Lot Area and Yards Lot Area 1.26 acres Lot Width 210’ at 75’ setback 230’ at OHWL Street Yard 75' Side Yard 43' before garage addition, 25’ after garage addition Lakeside 180’+ to OHWL The subject property conforms to the minimum lot area and yard requirements. The garage addition meets all setback requirem its except the average lakeshore setback and bluff setback requirements. Staff has determined that ^he entire house is located forward of the average lakeshore setback and straddles the top of the bluff setback line based on the topographic information prepared by the surveyor. Staff has calculated that the new garage addition is located between the top of the bluff and the 30 bluff setback. The new deck would also be located between the top of the bluff and the bluff setback. New footings are required for the deck. Variances for average lakeshore setback and bluff setback are required for the built garage and the proposed lakeside deck. # 2359 Hestia Homes. Inc. for Matt and Karen Parks 825 Forest ,4rms Lane April 20. 1998 page—2 Structural Coverage and Hardcover The existing garage and proposed deck do not exceed structural coverage or hardcover limitations. STATEMENT OF HARDSHIP The builder came in for a building permit for a garage when the Building Official was out of the office for several days for surgery. The Building Inspector 'vas told that the Building Official had approved the plan. A building permit for the garage was issued. After the Building Official returned to work, it was discovered that there were issues with bluff setback and average lakeshore setback. The builder was asked to provide topographic information and a survey showing the location of existing adjacent residences. Staff has determined that both an average lakeshore setback and bluff setback variances are required for both the garage and the new deck. Criteria for Determinine Undue Hardship 1. 2. The property in question cannot be put to a reasonab’e use if used under conditions allowed by the official controls. In order for the garage to remain, a bluff setback variance and average lakeshore setback variance is required. The previous deck has been removed. There are existing doors on the lakeside of the residence that provided access to the previous deck. The proposed deck, however, requires new footings and is larger than the previous deck. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The house was constructed in 1984, prior to the bluff setback regulations. The shoreland management regulations were adopted in 1992. The adjacent houses were constructed after this residence. 815 Forest Anns Lane was built in 1987 and 835 Forest Arms Lane was built in 1986. 3. The variance, if granted, will not alter the essential character of the locality. The variances for an average lakeshore setback for the garage will not change the views or the character of the area. The bluff setback variance for the garage and the # 2359 Hcstia Homes, Inc. for Matt and Karen Parks 825 Forest Arms Lane April 20, 1998 page—3 new deck should be discussed by the Planning Commission. Generally, staff does not recommend new construction over or near bluffs. This lot, however, already has the new garage in place and a previous deck did exist near the top of the bluff. The issue to discuss is the allowed size of the deck given that the proposal complies with hardcover and structural coverage requirements. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. 5. 6. The adjacent residences may also be constructed on or near the bluff The adjacent homes were built after the subject residence so average lakeshore setback variances were not required. The adjacent homes were built prior to the bluff setback variances, so they may or may not be located with the required 30' bluff setback. The conditions do not apply generally to other land or structures in the district in which said land is located. 7. 12. This application is unusual because the garage addition has already been constructed. The deck has also been removed and staff has had to estimate the location of the previous deck based on historical files. The grading for the new garage is done and does not appear to have had a negative impact on the deck. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances are needed to retain the garage and rebuild a deck. A deck cannot be rebuilt without both variances. 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 design of the garage and deck are designed to building code standards. The Zoning Code, however, discourages building within 30' of the top of a bluff. 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 house was built before the adjacent residences which now create an average lakeshore setback issue. The house was also built before the shoreland management bluff setback ^ 2359 Hestia Homes, Inc. for Matt and Karen Parks 825 Forest Arms Lane April 20. I99S page —4 requirements went into effect. The zoning lot does not have a reasonable building pad when the zoning district setbacks and shoreland management requirements are applied. The garage addition is driven by the location of the double garage. The deck design follows the previous deck but adds more square footage towards the lake and the top of the bluff. k If Issues 1. The zoning lot conforms to lot area, lot width, front, side, and lakeshore setbacks. It does not conform to average lakeshore setbacks or bluff setbacks. The residence was built before the adjacent residences and prior to the shoreland management regulations. 2. Any additions to this property will require an average lakeshore setback and bluff variance. 3. The garage addition has already been built. 4. The proposed deck is larger than the previous deck, based on historical files. STAFF RECOMMENDATION Staff recommends an after-the-fact variance for bluff setback and average lakeshore setback for the garage addition. Staff requests that the Planning Commission discuss the intent and purpose of the bluff setback and the proposed deck that is designed to be built within the required bluff setback. If the Planning Commission recommends approval of the deck as proposed, a condition should be placed in the resolution that prohibits the deck from being enclosed underneath or above to further intensify encroachment on the bluff. Attachments A Application B Plat Map C Topo Map D Hardcover Calculations E Survey F Deck Comparison—New Plans and Historical Records G Elevation of Garage Addition H Deck Plan I Deck and Garage Plan J Permit Record U 2359 Heslia Homes, Inc. for Matt and Karen Parks 825 Forest Arms Lana April 20. 1998 page—5 r M cf^ :--•*N - ■• Application if e^3 ^9 Date Received 3 /^S/ Amount Paid ^^2^0 CITY OF ORONO - VARlANrF APPi irATinx Cjnitial Application Fee c.250.00~^"^ (i^O.UO per eadTadditional v^ance) Renewal Variance Fee $150.00 (no change from original application) i Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Lcl/)G OrffTio^ Property Identification Number (P.I.D.) /97- //"7-g?5 ISL QOH Attach legal description to application if not included on required survey. Date Pro pertyj^cqiiired I (do) (00 not ^also o\vn the adjarent parcels of land. Presentuse oTprope^: ^ residential __ Zoning District: Lk^ I ^_____________ (month/year) other (specify^ APPLICANT Name H-y>/n t Address?" ^/^Vc f','* -< J C- OWNER (if different than applicant Name fYlaff and Address: *67^^ C*n City: f to,, Phone (home) Phone (woric) ... Zip: ^srtf- Phone (home) _____ Phone (work ) S Vz 05^3 City: rrmno_________Zip: DESCRIPTION OF kEQUEST . Estimated Construction Cost $_________ Describe request in detail: . '“//■> “R 1^0 7)^r '/ *)r. t r. \ y /r: 7^ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width A Lot Coverage Setback:Front I •'r Side Hardcover _ _ Rear Average Lakeshore / ' >A Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property ’ conditions preventing compli^ce w'i^ Zoning Code requirements: *7T/- S rf"S. Cid rr^yXl i'r-W V ""y CVCf '‘Vc' C 6 / (attach additional sheets if necessary) r REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in o^^’er for vour application to be considered complete; 1. 2. 3. A A A- 4. A 5. 6. 7. r'-. 8. 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). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SYz" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYz" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy ZYz" x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff The Applicant and Properly Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (stafl* 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 tc 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. , , / 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 H E S. T I « HOMES 4T-?S ?T.T « *4. * " <;f'i iiAr i.' ■7r^s,v■ CALCtfLA-m^VORKSHEKTSEiBACKZONL: (CIRCLE ONE) 0-75’ 05-250^ 250-500’ EXISTING HARDCOVER IN 70VF A. House _____ X - Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X Width S.F S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -I- B .X 100 « S.F. S.F. S.F. % A B PROPOSED HARDCOVER IN ZONE A. Mouse ^ Z.o'i^ __ ^ t.<n8m & H.i $ X X X B. Garage Itf X X C. Drivcwi>^ ________ 6 ^ (w ^S.I >(i e.f-1 1 D. Sidewalk 3^ ____5______ ^ f^'ho Cr (a X X E. Patio/Decl<^__lj[_ F. Landscap«^j^___ Underlain (T^__ ^1 Ai: By Plastic<^ Or Fabric ^ G. Other .X X X X X X Widtli hS OR-S’ <3V TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ - A VV?<, + B d//s cs S3 X 100 = IH^\ 3(?H /3^ oo 31*2- 33 I^-Z. S.F. S.F. S.F. S.F. e,s:i .z___ 3ZEiS__ 55.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. L> S.F. A S.F. B /O 007J>I “ II b >1 II II ^ 04 ^ 4.»2o^w^ 0* tM 4^ Im > (/) Iw m ^ (/) o 5 o ^J A S' U; -J -i -J3s > I m ^ CO ^ 5;d • # 5ne.'EH ‘Sioe Vitsvj 05LO A* «o ■g Oco o 0)c CO . -J o S ^ w 0)^0) EJfi o0) <u ry' u- J- CO ^ o Q. « I “0 till r COo 9L 0) Cq II r.) I ' I I \n 1 Lpri.i \ Ln^'rij Cm] *-11 II I! zr iir i la !i I l tr i I i*‘ 1 ‘ ii 'S r 9 I !i I •"irt !^^!fs UXy < 1 •4 !l I* ir I '5*i| )i \l!^ P/OpOSft^ ~1 1-'* i-WL 3'lfl \)/ (8 tfi n\[ Ml i! ‘ ! < nevo op/as^ y Parks Residence 825 Forest Arms Lane Orono Hestia Homes, Inc.#2359 PERMIT RECORD ^(^S' firesf' J Permit No S ‘^4/ 4 bU>4' moo "113 6 7T^g ■/nn/K' /0^J3 Date . Type of Permit 4-^/- ^4- AJfi j i j - d£^(’(? /O -/6 - p</Se.J/aoMjii iu-20 S '■( />'V-5V Cp'cSO'^X ^ - //- 3 - O- iS LOcI) . <^_ a. f Hestia Homes, Inc. i’i A--; '''’:) V.- l‘< (D = O II ^ “t Q) O A_ Parks Residence 825 Forest Arms Lane Orono Hestia Homes, Inc. u I ? ! ! :ii: 'li: i. C/) O Q} r- I > ^ JO I > ‘ I j . 7 i } I !■ • I f ' .i »• ill: I ! I I I :ii 'I! t-. M H I I If ti ' •' I ' • I • I . ffir 8 ; 1 1 ' I 1 ’il H i I ! i I ‘ I I t t ?> OQ Parks Residence 825 Forest Arms Lane Orono Hestia Homes, Inc..5 «*. r- v)I O r 1 • I COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 7 j998 UA'fE: April 12, 1998 CrrYOFOROMO ITEM NO, Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2360 Anthony & Lori Kmetz 640 Orchard Park Road Renewal Variance - Public Hearing Zoning District: RR-IA One Family Rural Residential District (5 acres) Lot Area: 208,652.4 sq. ft. (4.79 acres) Application: The applicant is requesting the renewal of an elapsed variance to allow the construction of an attached three car garage and entryway addition. A front setback variance is required to allow the addition to be located 71.7' from the front property line when 100' is required. PLANNING COMMISSION RECOMMENDATION: To unanimously approve on a 6-0 vote. COLTSCIL ACTION REQUESTED: To approve the enclosed resolution. L A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27 SUBD. 5 (B) FILE NO. #2360 WHEREAS, Anthony and Lori E. Kmetz (hereinafter "the applicants") are the of the property located at 640 Orchard Park Road within the City of Orono (hereinafter the City") and legally described as follows: Lot 13, "Orchard Park, Hennepin County, MN" (hereinafter "the property"); and . VVHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.27, Subd. 5 (B) to permit the construction of a three stall garage addition to be located 71.7% from the front lot line where a 100’ setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2360. 2.The property is located in the RR-IA One Family Rural Residential Zoning District requiring 5 acres in area. The property consists of 4.79 acres. 3.The Orono Planning Commission reviewed tliis application on April 20, 1998 and recommended approval of the proposed variances based upon the following findings: A.The e.xisting residence was constructed in 1959 before the current 5 acre zoning standards. B.Mature one trees provide screening from the front property line. C.The setback for the addition is consistent with the neighborhood and is necessary to function with the internal floor plan of the residence. Page 1 of 4 4.The City Council finds that the conditions existing on this property arc 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 necessaiy' to alleviate a demonstrable hardship or difficulty; 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. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, r^;ports by City staff, comments by the applicants i nd 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 a variance to Municipal Zoning Code Section 10.27, Subd. 5 (B) to permit the construction of a three car stall addition and entryway to be located 71,71' from the front property line, subject to the following conditions: 1.I he tennis court is 9' from the front property line and is located in front of the principal residence. It is considered a non-conforming accessory use that will require variances for major structural repairs. 2.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 pcmiit within one year of the date of Council approval, or this variance will expire on that date (April 27, 1999). J.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. Page 2 of 4 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of April, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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. Notaiy' Public Page 3 of 4 V STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOT.\ ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199_before me a Notary Public within and for said county , personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of____, 199 before me a Notary Public within and for said county, personally appeared_________________________—^___________ known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator April 2,1998 SUBJECT*. #2360 Anthony Kmetz 640 Orchard Park Road Variance-Public Hearing Zoning District: Lot Area: RR-IA 208,652.4 One Family Rural Residential District (5 Acres) square feet (4.79 acres) Application: The applicant is requesting the renewal of ar elapsed variance to allow the construction of an attached three car garage and enti^ way addition. A front ___________setback variance is required.________________________________________ Pertinent Ordinances: • Section 10.27, Subd. 5(B): RR-1A Lot Requirements ANALYSIS Lot Area and Yards Lot Area Lot Width j Front Yard Side Yard Rear Yard RR-IA requirements 5 acres 300'100'50' 100' subject property 4.97 acres 333'75.7' existing 71.7' proposed 34' for tennis court 73.2' 9' for tennis court 298' from stable U2360 Anthony Kmeli 640 Orchard Park Road Variance April 20. 1998 Page I ( 11 The subject property does not meet the lot area requirement. The tennis court encroaches into the required side and front yards. It is screened from the street by trees. The existing residence also encroaches into the required front yard. The proposed garage addition would encroach into the required front yard. Structural Coverag e Structural coverage is not an issue with this application. Hardcover The subject property is not located within a shoreland overlay district. STATEMENT OF HARDSHIP The applicant should be asked for their testimony regarding tliis 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. 2. Tke existing residence cannot be 'xpanded in its current location without a variance. The plight of the landowner is due to circumstances unique to his property not created by the landowiier. The existing residence was constructed prior to current zoning requirements. The variance, if granted, will not alter the essential character of the locality. The variance for front setback will not change the character of the area. 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. A single family residence is allowed in this zoning district. §2360 Anthony Kmetz 640 Orchard Park Road Variance April 20, 1993 Page 2 5. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Many residences along Orchard Park Road are set back a similar distance from the road. 6. The conditions do not apply generally to other land or structures in the district in which said land is located. Some residences along Orchard Park Road are located even closer to the road than the subject property. 7. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing residence, that meets all other zoning requirements, cannot be expanded or significantly remodeled without the granting of a front setback variance. The Planning Commission and City Council have previously approved this variance by resolution citing adequate hardship. 8. 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 current residence cannot be altered without the granting of the variance. Issues 1. The lot does not meet the lot area requirement. i i 2.The tennis court is non-conforming as it does not meet front and side setbacks and is located nearer to the frciit lot line than the principal structure. The existing residence could not be added to without a front setback variance. The mature pine trees near the front lot line provide screening from Orchard Park Road. The previous resolution stated that due to the interior layout of the west side of the residence, it is necessary’ for the garage to be located 4' ahead of the front line of the existing residence due to the impact upon internal access to the garage. This further encroachment will also have a negligible visual impact. U2360 Anthony Kmetz 640 Orchard Park Road Variance April 20. I99S Page 3 The previous resolution expressed concerns about the culvert under the driveway. The Public Services Director has inspected the culvert and determined it adequate, although cleaning it out would have a positive impact on drainage. STAFF RECOMMENDATION Staff recommends approval of the renewal of a front setback variance to allow an attached three stall garage and entryway addition that would be located 71.7' from the front lot line where 75.7' is existing and 100' is required. Attachments A B C D E F G H I J Application Plat Map Property Owners Li jt Location Map Topographic Map Permit Record Survey Elevation Drawing Garage Floor Plan Resolution Approving the Variance from 3/27/95 U2360 Anihony Kmetz 640 Orchard Park Road Variance April 20. 1993 Page 4 ^ S o. O- \J Application H C>0 Date Received 3^^5 ~ ? ^ Amount Paid jgp PO CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S250.00 (S50.00 per each additiona l variance) 'nR^ewal V^ance Fee 5150.00 ,^(no change from original applic^ion)~^ Veiriance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddres s ^ V/2 Qyc.kci.y't'X l^i^k RA______________ Property Identification Number (P.I.D.1 3 7 '• // 23 22. OOO^ 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: y/* residential ___^other (specify). Zoning District: S' APPLICANT LOV'l £• Name !(n Address: ^ Act7?^ OWNER (if different than applicant) Name Address: Phone (horne d 0^0 S _____ Phone (work ^ C4<5~~ City: Oho^xc _________Zip:______ Phone (home). Phone (work)_ City:. DESCRIPTION OF REQUEST Describe request in detail: (XflA> f!oy\ n-f r?c: cx> (attach additional sheets if necessary) Estimated Construction Cost $ /i'^OcfO • /S'.OOO VARIANCES REQUIRED Lot Area Lot Width X Setback:)(Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) REQUIRED SUBMITTALS AU-Of the followin g information must be submitted bv the application deadline date in order for vour application to be considered complete: 3. V 4. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels andjiap irom Hennepin County Department of Finance, A-603, Govt Cente<'548G27n.J ^ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'/z" x 11" for reproduction. MJ^ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 854" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 854" x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that 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 Z -2 V-9^ 2T OWTMER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, 2ind Council members for purposes of investigation and verification of this request. Owner's Signature Date 3' 2 ^Sr 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. RUN DATE 03/25/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 13BATCH 507PROP ADOR OWNER NAME TAXPAYER NAME/AODR 38 31-118-23 11 000500665 ORCHARD PARK RD JAM PIOGEON JOHN 6 A MAGDALEN M PIOGEON 10912 GLEN WILDING LA BLOOMINGTON MN 55431 38 31-118-23 11 000600615 ORCHARD PARK RO K A A LANG KEVIN M LANG 615 ORCHARD PARK RO LONG LAKE MN 55356 38 31-118-23 14 000100585 ORCHARD PARK RD D A H THOMAS DONNELL D A HENRIETA THOMAS 585 ORCHARD PARK RO LONG LAKE MN 55356 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 32-118-23 22 0004 00038 ADDRESS UNASSIGNEO ROBERT T MICKELSEN ETAL JIM WHALEN 14425 38TH AVE N PLYMOUTH MN 55446 38 32-118-23 22 0005 00640 ORCHARD PARK RO LORI E KMET2 ET AL LORI E KMETZ 640 ORCHARD PARK RD LONG LAKE MN 55356 38 32-lx^' 22 0006 00680 ORl^ARD PARK RD 0 E WINTERS A 0 K LAMB DOUGLAS E WINTERS 680 ORCHARD PARK RD LOm LAKE MN 55356 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 32-118-23 23 0004 00580 ORCHARD PARK RD CONSUELO L CARRUTHERS CONSUELO CARRUTHERS 580 ORCHARD PARK ROAD LONG LAKE MN 55356 38 32-118-23 23 0009 00460 ORCHARD PARK RD ROBERT J A LORRAINE E RODEN ROBERT J A LORRAINE E RODEN 460 ORCHARD PARK RD LONG LAKEm 55356 TOTAL BATCH 507 00608 ■■ I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE PERTY TAXATION, TO TH t) iU Oioi^id farl( koalJl ■ t y Ci./ • -i^. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 4 6------- r.U... r-. » )’ • fl! ----1 -x- \J' V! ^'fh\ Aei..“T A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) FILE #2001 w'MFT?F\S Rhonda E. Wilson, Secretar}' of Powder Packers ParR»TSn"fci “ iSr^eSd « folio." " Lot 13. Orchard Park. Hennepin Count>-. Minnesota (hereinafter "the property ”); and M-HEREAS, the applicant has appiied to the City for a Zoning Code Section 10.27 S“Mmsion 5 S^n*^hT^s"l^ be locate'd 71.7’ from the car.iee addition lo the west side of t „„ 4’vp’ entrs' addition to the south side of irres^en" rdTlo^^d ^ff^rstmet lot line tvh;re a IOC setback is required. Minnesota: NOW, therefore , be it RES0L\ED by the City Council of Orono, findings This application was reviewed as Zoning File #2001. The propertv is located in the RR-1 A, Rural Residential Zoning District requiring 5 acres in area. The propert>' consists of 4./9 acres. The Orono Planning Commission reviewed this followins and recommended approval of the proposed variance based upon the unique findings and hardships: 4 Page 1 of 5 fr«50C1Ci*»C CITY of ORONO RESOLUTION OF THE CITT COUNCIL NO. ^ ^ ^ ^______ 1. 3. 4. 6. Applicant and owner shall be responsible for installing a conforming septic system to serv'e the four bedroom residence by September 30, 1995. Applicant or applicant’s contractor is encouraged to review the need for either a new culvert or the reinstallation of an existing culven to create positive drainage in ditch at public roadway. Notice is hereby given to both applicant and future owners that the tennis court located 9’ from the west side lot line, 34’ from the street lot line and located in front of the front line of the principal stmcture is recognized as nonconforming requiring variance approvals for major strucmral repairs. Authorities sranted by this variance run with the property not with the applicant, but are permissive onlv and must be exercised by application for a builoing permit within one year of the date of Council approval, or this variance \ull e.xpire on that date (March 27, 1996). Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the zoning code, shall automaticallv 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 Powder Packers Inc. , its heirs, successors an assigns, hereby agrees to the recording of this resolution in the chain of titl the proper!)’. Page 3 of 5 0^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^ 5 4 8_____ Adopted by the Orono City Council on this 27th day of March, 1995 ATTEST: ithy M. Halffin, City Clerk Rhonda E. Wilson. Secretary of Powder Packers. Inc. STATE OF MINNESOTA ) ) S5. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of March. 1995. by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behal o t e Cia-. CAROLE A HASEMAN NOTARY PUBUC4HNNES0TA HSiNERN COUNTY My Coranioion Elvira Jan. 31.2000 Notars' Public Page 4 of 5 i V, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 5 4 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Od tUs day of_____-------------------;-----. - “= Public within and for said county, personally appeared VhAndt, B. Ud-ficy}, Dfcy- at.------- Pa known to me to be the person(s) described in and who executed the foregoing im^ acknowledged that he (they) executed the same as his (their) free act and deed. -I I I > > » sieWJ __ j L/' NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of , 199 before me a Notary Public within and for said count)', personally appeared----------^^ _____________known to me to be the person(s) descnoed m and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) act and deed. notary public Paae 5 of 5 ^iOBS 1 i \ COUNCIL MEETING APR 2 7 1998 REQUEST FOR COUNCIL ACTION DATE; April 22. 1998 rrrv or onoMO ITEM NO.: ______ Department Approval: Nan-e Liz Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2362 Robert Howard, 1300 Shoreline Drive - Variance - Resolution Zoning District: RR-IB, One Family Rural Residential Distri' Lot Area:150'xl29.5 ’ = 19,425 sq. ft. (.446 acres) Application: The existing residence was more than 75% destroyed by fire. The zoning lot does not meet lot area or lot width requirements. The proposed residence requires front, side and rear setbacks. PLANNING COMMISSION RECOMMENDATION: On a vote of 6 in favor to approve variance for lot area, lot width, side, rear and front setback. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SEC nON 10.28, SUBDIVISION 5 (B) FILE #2362 WHEREAS, Robert E. Howard and Barbara Howard (hereinafter "the applicants") are owners of the property located at 1300 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 10, 11, and 12, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a new residence. Variances for lot area, lot width, front, side, and rear setbacks are required. Minnesota: 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2362. The property is located in the RR-IB Zoning District where the minimum lot area requirement is 2 acres in area. The Orono Planning Commission review’ed this application on April 20, 1998, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The existing residence was destroyed by fire and cannot be rehabilitated. It is more than 75% damaged. Page 1 of 5 I. The zoning lot is .446 acres, where 2 acres is required. The existing structure does not meet front or side setback requirements. There is Type 3 wetland on the northeast comer of the lot. A 26' setback from the wetland is required. The lot width is 129.5' where 200' is required. The front yard is 28.7' existing where 32' is proposed and 50' is required. The side yard is 15.1' existing where 25' is proposed and 30' is required. The rear yard is 58' existing where 49' is proposed and 50' is required. The proposed residence is located in the 500-1,000' setback area from Lake Minnetonka. Hardcover will be less than 35%. J. The proposed structural coverage will be less than 2,913.75 sq. ft. (15%). 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 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. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Councfi hereby .446 acres where 2 acres is required as proposed m Exhibit A, suojeci conditions: 1. 3. Authorities granted by this variance run with the property not applicants but are permissive only and must be exercised by application for a b£g pel. vvhWn one year of the date of Council approval, or this variance will expire on that date (April 27, 1999). Violation of or non-compliance with any of the terms and conditions of this “n shall constiJ a violation of the zoning “distal — terminate any authority granted herein, and shall be punishable as misdemeanor. The undersigned applicants have read, understood and hereby agree to the terns of thTs rllution and on behalf of themselves, their heirs, successor and assigns, hereby Ice to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of April, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Ovvner(s) Page 3 of 5 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of April, 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. 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. 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 3<> ^Certificate of Survey for ftobert G. Tschlda of Lots 10, 11, a 12, Block 14, MINNCTOMkA Hennepin County, Minnesoia m \fleVland lOo.oo • : ?8 iv-'— >fC»VC£'ar • • . / I iSr ^*4^.-* ^ •# k A __ 1-78 .S'»lk »•. s« —...• • • • If) €0 • * /«■’ 9. -2 5 TtoUT # QUitoiMCr «&r V •T •V.T-. ALLOVNCX) EUU-OIN& PM3 X Mo 4S* • » k/4« 9 I hereby certify that this is a true and correct I'^Pref^hi^tion of a surv^^ show any other iir.prov2ir.ents or encroach.nents, other than ar existing rence. 1 inch = 40 feet Hay 23, ICCo Iron marker !?,(?* l3 2 ftcutt 0»*r B^r2-(c Zjo o * v\^te^ ojt otH 5eT6AcK5- FfZWr 5Tt $meit sio» LjenMsnO COFFIN & GR0NBER6, IHC. Mari; f». Gronberg Reg. H(5\ 12755 Cordon R. Coffin Reg. No. 60o4 Engineers and land Surveyors Long Lake, Minnesota Phone 473-4141 / ^ 4 . jj ^ ;V ^ / t' TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator April 1, 1998 #2362 Robert E. Howard 1300 Shoreline Drive Variances—Public Hearing Zoning Districi: RRl-B, One Family Rural Residential District (2 acres) Lot Area: Application: 150’ by 129.5=19,425 sq. ft. (.446 acres) The applicant is requesting variances to rebuild a residence on a lot where the existing residence has been damaged by fire. Variances are needed for the front, side, and rear setbacks, lot width, and lot area. Pertinent Ordinances: • Section 10.28., RR-1B, One Family Rural Residential District • Section 10.03, General Provisions, Subd. 4, D. n-henever a lawful mn-conformiug structure shall have been damaged by fire, flood, explosion, earthquake, war, not, or act of God, it may be reconstructed and used as before if it be reconstructed whhin twelve (12) months after such calamity, unless the damage to the building 2362 Robert Howard 1300 Shoreline Drive April 20, 1993 page—! ANALYSIS Lot Area and Yards RR-IB District Standards Lot Area Lot Width Front Yard Side Yard Street Side Yard Rear Yard 2 acres 200’50’30’30’50’ Subject Property Lot Area and Yards Lot Area .446 acres Lot Width 129.5’ (Fox Street side) Front Yard 28.7' (existing) 32' (proposed) Side Yard 15.r (existing) 25’ (proposed) Street Side Yard 60’ (existing) 54.5’ (proposed) Rear Yard 58 ’ (existing) 49 ’ (proposed) ^e subject property does not meet lot area or lot width requirements. The existing residence which has been more than 75% destroyed is non-conforming as to front and side yards. The proposed structure would improve the front and side yard setback. The proposed structure would locate closer to the street side yard (Hanlon Avenue) and the rear lot line than the existing structure. Hanlon Avenue is platted at 60’ but is not improved. The edge of a Type 3 wetland encroaches into the platted area for Hanlon Avenue, so it is not a traveled roadway and is not likely to ever be developed. Structural Coverage Total Lot Size 19,425 sq. ft. Total Structural Coverage 1,966.20 sq. ft. (existing) 2,734.4 sq. ft. (proposed) Allowed Structural Coverage 2,913.75 sq. ft. (15%) Structural coverage will increase with the proposed residence because the garage is redesigned to improve access from the main level living area. The proposed design is less than the allowed structural coverage. The applicant should be instructed that future sheds or decks that are 6' above ^2362 Robert Howard 1300 Shoreline Drive April 20. 199S page---2 grade would be considered structure and cannot exceed the 15% limit without obtaining a variance, Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 500’-1,000'19,425 sq. ft.not shown on survey 6,798.75sq.ft. (35%) less than 35% none The existing survey shows the location of the residence but does not inventory all of the hardcover. The proposed survey shows the location of the residence and garage. The proposed residence with a typical driveway and sidewalks will not exceed allowed hardcover. Non-Conforming Structure The Building Official has determined that more than 75% of the structure has been destroyed. For 1997, the land was valued at $39,000 and the structure was valued at $79,000 for tax purposes. The replacement of the structure will exceed $200,000. Therefore, the Zoning Code requires that the strucbare be removed. Any new structure on this lot must meet the zoning requirements. STATEMENT OF HARDSHIP 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 structure cannot be reused. Any new residence on this lot will need a lot area and lot width variance. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's owner situation is created by the destruction of his home by fire, the topography of the lot, the presence of a wetland in the northeast corner of the lot, and the unusual access to the property from Shoreline Drive. 3. The variances, if granted, will not alter the essential character of the locality. H 2362 Robert Howard 1300 Shoreline Drive April 20. I99S page —3 5. 8 The variances will allow a residence to be reconstructed on site with a similar footprint. The only substantial difference is that the garage is proposed to face south and be connected to the main level rather than a tuck under. This is an improvement for accessibility for the occupants. 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 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. A single family home is a permitted use in the RR-IB zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The destruaion of the residence by fire creates special conditions for this zoning lot. The wetland, access from Shoreline Drive, and topography impact the rebuilding of this site. The conditions do not apply generally to other land or structures in the district in which said land is located. All the zoning lots in the RR-IB district are subject to the same lot area, lot width, and setback, requirements. This lot is approximately 1/4 the required lot size for this district. Therefore, the setback requirements are difficult to meet on a smaller parcel. The proposed residence is an improvement from the existing structure in terms of the front and side setback. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Variances are needed to rebuild a residence on this property. 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. U2362 Robert Howard 1300 Shoreline Drive April 20. 199S page—4 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 variances are needed to allow the applicant to reestablish a residence on this Iperty ,ha, wos destroyed by fire. Because of,he lo, sise. topo^aphy. ^ he proposed design is an improvement over the location of the desu-oyed residence.access The existing residence has been destroyed by fire. The subject property does not meet lot Irla or »h requirements. The existing residence did not meet setback requirements from the front or side setbacks. The proposed residence would increase these setbacks. The 3. There is a type 3 v^'etland that encroaches into the northeast comer of the property, proposed residence is required to be at least 26' irom the edge oft e wet an The topography map indicates that the lot changes about 12 feet in grade from east to west The e^t side is considerably lower than the west side which influences the placement of a new residence. STAFF RECOMMENDATION staff recommends approval of the lot area, lot width, front, rear and side setbacks as proposed. Any future structural additions should not exceed 15% structural coverage. Attachments A Application B Plat Map C Topography map D Wetland map E Floor Plan F (1-4) Elevations G Permit History H Neighbor's letter I Acknowledgment forms U2i62 Robert Howard 1 300 Shoreline Drive April 20. 1993 page—5 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2362 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 21, 1998 TO: ROBERT HOWARD 2230 S PLYMOUTH RD #211 MINNETONKA MN 55305 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 04/20/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as; City Council April 27, 1998; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission, i » *• • > >. § ,f »% 1 "i^r' y 2 <' \r"'^zy ':J v>, •■. ,.•' '-h•'• k' Application if Date Received 3/3/1/Q^ Amount Paid*3S0 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 Site Address Property Identification Number (P.I.D.) ^3 1 " ^ Attach legal description to application if not included on required survey. Date Pro^^ Acquired ^^3 ________________________________^(month/year) I (do) also own the adjacent parcels of land. Present use of property: residential other (specify) Zonins District: APPLICANT ^ Name \(o 6£/^lj/o Address: /3^«5 % VAailm3 OWNER (if different than applicant) Name______________________ Phone (home) _ _ _ Phone (work)_ _ _ _ _ _ _ _ _ _ _ CiU: _ _ _ _Zip: ? / Phone (home). Phone (work)_ ________City: MmngfaAb? Zip: DESCRIPTION OF REQUEST Btimated Constmction Cost $ pS’0, qffe>m£>01 IvflV Wf JlVII iX^UJ ljO 1 £2olirnalCQ l^OnSUuLllUn V-/Uol d> Describe request in detail: Su^tl O TO j?/SrthYis> ^________________________ (attach additional sheets if necessary) VARIANCES REQUIREIk X_ Lot Area Lot Width Setback:Front Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERT 'CONDITIONS Describe undue hardship or practical difficulty or unus. ,.roperty conditions preventing compliance with Zoning Code requirements: ^ /7^^6kJA3 /j//9Air 7Z> A'eSuJJ^/y, , ^uX (attach additional sheets if necessary)X REQUIRED SUBMITTALS dr^ w/a^le — 4 Completed Application Fonn Certified Property Owners List of oumers within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, p48-327lj ^ Certificate of Survey (signed by a licensed sur\eyor) and include hardcover calculations as required. In addition, provide one (1) copy SVi" x 11" ^ reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'/z" x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notifled of this application. Additional items as may be requested by City staff The Applicant and Property Owner must sign this application. Please remember that your yan^nce applicatign «s np( CQmplete if the above information has not been inrlnrfpH APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or reo>:csted b> the Zoning Administrator, agrees to pay additional fees (staff time not covered b' :‘:r'-.al fee payment) .ind/or consultant expenses incurred in review of this rrpplication, auJ certiHes that the information supplied is the best of his/her knowledge. :___________ DateApplicant's Signature OWNER’S SIGNATURE The owner hereby acknowledp and agrees to this application and further authorizes reasonable entiy onto the property^ City staff consultants, agents. Commission members, and Council members for purposesA^i^ti^^ and verification of this request. Owner’s Signature ( nate / Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are lield 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. ^ g ‘Jofbart P 5iY>rd i'n€. pr. i 2tm C V\Jif0?|jyz>c». i: «• t3:c % iini«a« imM • _|5 rZATA Wayzata Ba\ jCrJar PtHUt / .WOOOLA‘:0 •o ii: . i Ultf\tlMbyi\f--T;-------bl Iu ) '■27.32 A 1 g f 1—: (49)^ \ '\ ^ 8 4 a 1LOCO'c5 b" 8P^(7)b 9 ^ (8)b ofeb ^ (9)i ^ ''1 ^*7 cr :'c' . I ^ I 60 -4 a \ L. 1 \ a OF 19) LTH tLj Lis ^(26)24 129.48 1 ( 13) 1 S| i b <\# r-'f-(14) ^ b ✓ ► 1 '> b 2)3 -T-ft ------------------ ! 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A eaouAO coartoi -i I^•0 . - - - fe April 18, 1998 Members of the Planning Conmision And City Staff City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Planning Commission Meeting of April 20, 1998; Item No. 2362, Bob Howard, 1300 Shoreline Drive-Variances Gentlemen; Mr. Bob Howard discussed with me this morning his plans to re place his residence destroyed by fire some months age. He left for my signature the City of Orono Form "Adjacent property owner s acknowledge ment". Rather than sign that form, I have determined to comment on this matter by this letter. Since I received this form today and since your Notice of the Public Hearing was undated, I see that this letter be in your hands "10 days prior to the scheduled meeting date . Nevertheless... I have no comment, pro 5r con, on Mr, Howard's specific proposals on the size or placement of the new dwelling. I am not aware or the par ticular variances that may be required to accomplish his proposals. l am assuming that the Planning Commission and the City Council will address the issues raised by his variance requests in a manner that conforms to the City’s established practices, procedures and precedents. I do have definite concerns about some non-variance matters re garding the property that I believe need to be addressed at this time and may need to be a part of the variance considerations. Mr. Howard s pro perty lies north of the easterly end of our property. Technically Tne two properties are di--:*4 by Fox Street which at this juncture is platted but unopened. Save fm unopened Fox Street, Mr. Howard's property also lies just north of ^ e easement v/hich we granted to the City some ye^'^s ago for a pumping or sewer lift station. Mr. Howard began what 1 believe was some basement or footing reconstruction on his "old" house some 3-4 years ago. As a part of that reconstruction a considerable amount ot earth-moving was done which affected not only Mr. Howard s platted 1o , but also ground lying within the platted but unopened Fox Street. Dirt was piled against our existing fence (admittedly old and fragile) and the fence and gate near the pump station are no longer in existence. Within the past year, I would guess, Mr. Howard has removed the mounds of dirt on the fence line, but the pre-existing grade has n been re-established. In a somewhat hilly terrain, I believe surtace water drainage has been diverted somewhat south over my proppi^ty an over the pump station area. Additionally ungraded mounds of dirt and .vr. .zJ APk > 0 !993 Oil Y Or O.iO.'.'O wCM -2- » • • piles of railroad ties have remained on the unopened Fox street right- of-way for what is now several years. Time constraints do not now allow the taking and developing of photos of the area. I have in dicated to Mr, Howard my intent to write the approximate contents of this letter. With respect therefore, I ask: 1. ) That in any new construction or re-construction of his residence that Mr. Howard confine his construction activities, including the storage of materials, movement of construction equipment, etc. to the confines of his platted lot. 2. ) That the mounds of dirt, railroad ties and like debris be removed from the unopened Fox Street right-of-way and that the specific right-of-way and necessary adjoining areas be returned to the pre-existing grade and drainage conditions and that this area be stabilized with appropriate seeded or sodded grass. 3. ) That the City of Orono carry out the maintenance obliga tions relating to the pump station, gates, fences and appropriate screen plantings contained in and specified by our grant of easement rights to them. I ocn Certificate of Survey for Robert G. Tscblda of Lots 10, 11, i 12, Block 14, MINN[TOfr<A Hennepin County, Minnesoia NMciland i£¥oCX^'OaitOINCr .... ^ . • V. fP,9.'2 5 JtC*tT * •/ ^ s J ♦ 14 •- t ' « ; • %O I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 10, 11, and 12, Block 14, MINNETONKA BLUFFS, and of the location of all buildings, if any, th*".on. It does net purport to Show any other improvements or encroachments, other than an existing fence. Scale Date c 1 inch = 40 feet May 2.3, ISCo Iron marker RI2-I3 - 2 Ut s-r2-(c 2oo ^ ou*pTH 5eT0ACJc5- PIZ jwOT 5^' 5104321 «I0» St)' iZtsyvd. so' ZJ»'UJElLAnJ O COFFIN & GRONBERG, INC. egT*^^"Mari; .S. Gronberg Reg. N(f. 12755 Cordon R. Coffin Reg. No. 6064 Engineers and Land Surveyors Long Lake, Minnesota Phone 473-4141 r ^ 79 A.r:-' /.7 • *.#-1 iJ iS L' r... -s.y s.t. V? Adjacent Property Owners' Acknowledgement Form _____of /3?'g ’ 5~7I (we) _ jJtMf/lT n ^/t [print namc(s)][print address] have revieproposed improvement or proposed use of th^roperty located ^ refeired to as Land Use Applicadon No. ^7^/o ^ 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 confinn 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 upprovtd. Date Property Owner Date *******♦♦♦*♦'''♦♦♦♦*•*****♦♦♦♦♦********************************»******♦♦♦****♦*♦ I (we) [print name(s)][print address] have reviewed die plans for the proposed improvement or proposed use of the property locsded _______________- 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. 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. Adjacent Property Owners* Acknowledgement Form I (we) ^ / ■f'uj/ J oj. I J I/O S'f (print nameCs)] [^t additss] a toptovement or proposed use of the p«p«^ located at also referred to as Land Use AppUcation No. . • *“ “ aeltnowledgcment. I (we) am (are) not asked to rv Ti V of *e I^operty or use but merely to confirm for tbe City J (we) am (ate) aware of the improvement plans and that the proposed neighbor’s project or use requues Council approval. Property Owner Date ‘ I (/ Property Owner L| I 'Xi Date I (we)/^^ of >TJt6 [print name(^j [print address] I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare •PProval or disapproval of the property or use but merely to confirm for the City unci (we) am (are) aware of the improvement plans and that the proposed neighbors project or use recuires 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, pie je submit your comments to the Building & Zoning Office at least 10 days prior to the sc.deduled meeting date. Adjacent Property Owners' Acknowledgement Form '_____Of .r37X^/J [print namc(s)] [print address] - *“*Fiw»suicm ur proposea use of the property located j^^alao referred to as Land Use Application No. ^ ^ deci« ^ i (««)»»(«) »ot ^ Couneil #w T f^\ property or use but merely to confirm for the City Property Owner H s. Date Property Owner *♦**♦♦♦♦•♦*•♦♦•*♦♦***•*♦*♦♦*,>** Date I (we) [print name(s)]___of ■ /...., [print address} have re^ew^Ae plans for the proposed improvement or proposed use of the property located “ --I >K-^ A>n<p ij^lso referred to as Land Use AppUcation No. . acknowledgement. I (we) am (are) not asked to V property or use but merely to confinn for the City Property Owner Date -7^ Property Owner Date COUNCIL meeting APR 2 7 1998 CfTYOFORONO REQUEST FOR COUNCIL ACTION Department Approval: Name Liz Van Zomeren Title City Planner DATE: January 21, 1998 ITEM NO.: I3 Administrator Reviewed:Agenda Section: Zoning Item Description:#2353 Len Busch 1265 Shoreline Drive Variance-Public Hearing Zoning District: Lot Area: Application: LR-IA One Family Lakeshore Residential District (2 acre) 53,400 sq ft. (1.22 acres) The applicant is requesting a hardcovei variance to construct a 25' by 30' hobby room in the 75 ’-250' setback area. There is currently 9,220.4 sq. ft. (39.4%) of hardcover in the 75'-250' setback area. The proposed nardcover ith the hobby room would increase to 10,013.4 sq. ft. or 42.79%. The applicant indicated that he was willing to reduce the amount of driveway to eliminate some of the non-structural hardcover. At the PJanning Commission meeting it was noted that there is a well on the property next to the existing garage that was not shown on the survey. It was also noted by the applicant that there are sewer lines on the property that also restrict where he can locate structures. Staff has drawn these on the survey (See E.xhibits 1 and 2). Staff does not believe there are any easements recorded for the sewer on the property, and recommends that the City request easements from the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 6-0 to allow an additional 300 sq. ft. of hardcover on the property to allow a 25' by 25' hobby room. The total amount of hardcover allowed would increase to 9,520.4 sq. ft. or 40.68%. COUNCIL ACTION REQUESTED: To discuss asking for easements over the sewer lines and direct staff accordingly. To amend or approve the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22 SUED. 2 AND FILE NO. #2353 WHEREAS, Len Busch (hereinafter "the applicant") ir the owner of the property located at 1265 Shoreline Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey No. 1123, Files of Registrar of Titles, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subd. 2 to allow for the construction of a 25' x 25' hobby room. A variance for hardcover in the 75'-250' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: w 3. FINDINGS This application was reviewed as Zoning File #2353. The property is located in the LR-IA One Family Lakeshore Residential Zoning District where the minimum lot area requirement is 2 acres. The Orono Planning Commission reviewed this application on April 20, 1998 and recommended approval of the proposed variances based upon the foiiowing findings: A. The lot does not meet lot area or lot width requirements. B. The residence encroaches into the required side setback and the average lakeshore setback. C. The swimming pool encroaches into the 0-75' setback and was constructed before the shoreland regulations. Page 1 of 4 4. 5. D. There is a wetland along the east lot line. A 26' setbaek is required for addition structures. E. There are sewer lines and a well on the property that restrict the location of additions. The City Council finds that the conditions existing on this property are to it and do not apply generally to other property in this zoning district that eta.nting the variances would not adversely affect traffic conditions light, air nor pose a fire hazard or other danger to neighboring property; would «rve as a convenience to the applicants, but is necessary to allov ate a demonstrable hardship or difficulty; is necessary to a subsMUtd property right of the applicants; and would be in keeping w th the spint and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by ^ty 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 mme of the 2 m pem.it construction of a 25' x 25' hobby room, subject to the following conditions: 1 Applicant to remove driveway hardcover in an amount that limits all tardcover to 40.2%, resulting in 300 sq. ft. more hwdeover than the existing amount ot hardcover (39.4/>). 2. Authorities granted by this variance run with the P™P'=7 applicants, but are permissive only and must be exerci:.ed by pp for a building permit within one year of the date of Camcil approval, or this variance will expire on that date (April 27, 1999). Page 2 of 4 ■V RIRliraiK r%m\m k iNHOiKS mm [•milwH] •SiTOiflS SIE STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this_______day of Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a N''*ary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 L —— ''' ■ / —7'' X-. 'O 33 ."t "• nz * 2 ■•■ cd '^_z=k— 2 :d ^ — l^ o 2 _jbo ___________O ,Q£ Nj ,£2 o ; 5 'O’roo TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:April 13,1998 SUBJECT:#2353 Len Busch 1265 Shoreline Drive Variance—Public Hearing Zoning District: LR-1 A, One Family Lakeshore Residential District (2 acres) Application:The applicant is requesting a hardcover variance in the 75'-250' setback area to build a 750 sq. ft. "hobby room". Pertinent Ordinances: Section 10.03, General Provisions, Subd. 15, Non-Encroachments Section 10.23, Subd. 2. and Subd. 6. Section 10.22, Subd. 2. » 2353 Un Busch 1265 Shoreline Drive 4/20/98 page--l ANALYSIS Lot Area and Yards LR-IA District Standards Lot Area 2 acres Lot Width 200' Street Yard 50' Side Yard 30' Subject Property Lot Area and Yards Lakeside Yard minimum of 75' and average lakeshore setback Lot Area Lot Width Street Yard Side Yard Lakeside 1.22 acres 145'at OHWL 140'at 75' setback 245'+14.8' for residence; 10' proposed for hobby room principal structure and pool encroach into average lakeshore setback The subject lot does not meet the minimum lot width or lot area requirements. The residence currently encroaches into the required 30' side setback along the w^est property line. The residence also encroaches into the average lakeshore setback. The swimming pool encroaches into the required 75' setback and the average lakeshore setback. The residence was constructed in 1964, prior to adoption of the average lakeshore setback requirements. Structural Coverage Total Lot Size Total Structural Coverage Percentage 53,400 sq. ft.3,933.6 sq. ft. proposed 0.0736 The proposed hobby room will not exceed the macimum structural coverage allowed on the lot U 2353 Un Busch 1263 Shoreline Drl\e 4/20/98 page--2 Hardcover Distance from Shoreline 0'-75' 75 ’-250 ’ 250’-500’ Total Area in Setback 10,780 sq. ft. 23,400 sq. ft. 19,220 sq. ft. Existing Hardcover 1,263 sq. ft. (11.72%) 9,220.4 sq. ft. (39.4?/o) 2,582 sq. ft. (13.44%) Allowed Hardcover None 5,850 sq. ft. (25%) 5,766 sq. ft. (30%) Proposed Hardcover No Change 10,013.4 sq.ft. (42.79%) No Change Variance Requested None 4,163 sq. ft. (17.79%) None The subject property does not currently meet hardcover requirements in the 0'-75' setback because the swimming pool and deck encroaches into the setback. The amount of hardcover in the 75-250' setback also currently exceeds the maximum amount of hardcover allowed by 3,370.4 sq. ft. or 15%. The house, garage, and driveway are located in this setback. The proposed hobby room would also locate in this setback and add 750 sq. ft. of structural hardcover. The applicant has indicated in his statement that he would remove some of his driveway. He has also stated that the runoff from his property goes to the wetland and not the lake. The hardcover requirements, however, have two purposes, to reduc- runoff to the lake and elsewhere and massing of structure on a property. In Exhibit F, staft'has shown the required setbacks for the principal structure and the ' O' side setback lines for accessory structures. There is a wetland on this property and a 26' setback for structure is required from the wetland. The hobby room could be located 10' from the existing garage or attached to the garage and the circular turnout from the garage could be significantly reduced. The paved area could also be reduced further if the hobby room only had paved area in front of the doors. A minimum of 30’ of driveway is needed to properly maneuver out of the garage. The exi.sting diameter of the driveway area is 60’. ^ 235i Lett Busch 1265 Shoreline Drive 4/20/9S page-S STATEMENT OF HARDSHIP The subject property is substandard for lot area and lot width. The principal structure encroaches into the required side setback from the west property line and also encroaches into the required average lakeshore setback. The swimming pool encroaches into the 75' lakeshore setback. The property exceeds the minimum hardcover requirements in two setback areas. There is a wetland on the property which limits the possible areas for new construction. 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 as a residence. The hobby room would be an additional amenity for the property owners. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The situation is created by the owner's desire to have a 750 sq.ft, hobby room and the substandard characteristics of the lot respective to the zoning district's minimum requirements. 3. The variance, if granted, will not alter the essential character of the locality. The hardcover variance will locate a new structure 10'from the east property line, 23'from the adjacent residence. The side setbacks for principal structures in this district is 30'. 4. 5. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. The applicant has not indicated that there is any economic reason to locate the structure on the subject property. 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 piopcrty in the zone where the affected person's land is located. A hobby room as an accessory structure is allowed in this zoning district. However, it shall be noted that if the structure is built, it cannot be used as another dwelling unit or for U 2555 Lin Busch 1265 Shoreline Drive 4/2aV8 page —4 r 6. 7. 8 9. commercial purposes. The structure also cannot be used as a home occupation because it is proposed to be separate from the principal structure. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Many of the coning lots in this area do not meet the minimum lot area or lot width requirements. This lot has excessive hardcover in the 75'-250'setback area because of the driveway. New construction is limited by the lot width and wetland setback requirement.'!. The conditions do not apply generally to other land or structures in the district in which said land is located. The zoning district standards apply to all other lots in this district. The granting of the application is necessaiy for the preservation and enjoyment of a substantial property right of the applicant. The applicant shall provide the Planning Commission with testimony to the necessity of having a hobby room and pro t'^c ting his property rights. 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 variance would be a convenience to the uppl leant if approved as proposed. The hobby room could be relocated on the site t. 'the driveway reconfigured to more closely meet the intent of th? Zoning Code regarding hardcover. Issues 1. 2. 3. The lot does not meet lot area or lot width requirements. The residence encroaches into the required side setback and the average lakeshore setback. The swimming pool and deck also encroach into liie required lake ihore setback. The amount of hardcover in the 0 ’-75' setback and 75'-250' setback already exceeds the maximum amounts allowed. There is a wetland on the subject property that restricts the location of a hobby room to be located in the 250-500 ’ setback area. Hovvever, the driveway could possibly be relocated so that the hobby room could be located further from the residence and § 235 J Len Busch 1265 Shoreline Dnve 4/20/98 page---5 within hardcover limits. The permit history indicates that the residence was built in 1964 before current shoreland management regulations were adopted. The swimming pool was constructed in 1971, before the average lakeshore setback requirements were adopted. Three land alteration permits have been issued to this property since 1992 for filling in along the east property line. STAFF RECOMMENDATION Staff recommends that the Planning Commission review the existing and proposed hardcover limits and direct the applicant to redesign the proposal to reduce hardcover. Staff cannot recommend approval of the hardcover variance as proposed because it greatly exceeds the intent of the Zoning Code. Attachments Application Applicant's Statement Topo map Plat map Proposed survey Staff alternative Hardcover worksheets Elevations and Floor Plans Permit record Acknowledgment Form Photos .V.* Application # Date Received" 3/2-Q|^^ Amount Paid **^^Q*^^ . eo; !ATA \yz(ita Hay yCeJar I Pot nr / I >v\V00DLA‘.<:; CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee ^250.00 ($50.00 per each adculroirat^aiiance) 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 , fl / <;^ p/ Site Address ________________/ o( C 0 o A Property Identification Number (P.I.D.)^____________________________ Attach legal description to application if not included on required survey. Date Property Acquired ___________________1 ^ ^ / _____________^(month/year) I (do not) also own the adjacent parcels of land. Present use of property: residential other (specify)______________________ Zoning District:_____________^ A ______________________________________ APPLICANT Name LName C a Address ' Phone (home) V ^ C / 5 ^ / Phone (work)__________________ ' _ Zip: pr J 9 / OWNER (if different than applicant) Name ' • City: y ■? t Phone (home)_ Phone (work)_ Address:_ DESCRIPTION OF REQUEST Estimated Construction Cost $ J ^ , Describe request in detail: i)o > \Cf ^ f yr' 'To Jro ■ _ ______________Hex <1 O u ^ — . _____ ~R^7. A .*')s ' y ^o' (attach additional sheets if necessary) / I a VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ^ Is .X 4^* -y -/7 '' // (attach additional sheets if necessary) REQUIRED SUBMITTALS ^ I All of the follo'wing information must be submitted bv the apDlication deadline date in order for vour application to be considered complete: 1. X Completed Application Form 2. _X 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-60^ Govt Center, 348-3271 ). 3. C:erti floated Survey (signed by a licensed sur\'eyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A' 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'/z" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 814 x ii )• 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Properly Owner must sign this application. Please remember that ypur variance application is not complete if the above information_has iiQt bPPn included*. APPLICANT'S SIGNATURE The applicant hereby ag'^ees 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 e.xpenses incurred in review of this application, and certifies that the information supplied is true and cc?’■ect 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 authorizes reasonable entry onto the property by City staff, qonsultants,/gents, Commission membere} ^d CouncU members for purposes of investigation and verification of this request. ' / • Owner's Signature__________________________________ ---------------------------- 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 ^e meeting. L a i' 2 S' Bu-i <-C' ‘y /I 8HARDSHIP / DESCRIPTION FOR LEN BUSCH PROPERTY I would like to build a hobby work shop. I will use the same look as the house . Since I am already over the prescribed 25% ground cover and will add a net of 1% , for a total of 31% ground cover. In doing so I will remove some of my driveway area covered for a net increase of 536 square feet. Since all the run off north of my house including the new building , goes into the wetland on my property there will be no increase in run off to the lake . Without this consideration there is no other place on my property 1 can build my shop .1 respectfully ask your approval of this project i IIM %: % r HARDCOVER CALCULATION WORKSHEE l SETBACK ZONE: (CIRCLE ONE) 75.250' 250.500'500.1000' EXISTING HARDCOVER IN 70NF. A. House S.F. Length WWlh X X X S.F. S.F. S.F. B. Garage S.F. C. Driveway X X =s . S.F. S.F. D. Sidewalk X X S.F. S.F. E. Patio/Deck S.F. S.F. F. Landscape Underlain By Plasilc X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -r B yo7£o f263 X ioo = icy 30 n.7Z S.F. S.F. % PROPOSED HARDCOVER IN ZONE A. House Lcnaih S.F. Width X X X S.F. S.F. S.F. B. Garage *S.F. C. Driveway S.F. S.F. D. Sidewalk X X S.F. S.F. E. Paiio/Deck S.F. S.F. F. Landscape Underlain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ + B X 100 - S.F. S.F. % A B A B ©thibilrC^ ' HARDCOVER CALCULATION WOKKSHEE'l SETBACK ZONE: (CIRCLE ONE) 0-75* EXISTING HARDCOVER IN ZONE A. House _____________ X (J5-250P 250-500* 500-1000' 3J33- 6- S.F. Length Width X X X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other 3.Z. X X X X X X X X X Z7 0> ?J TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^4- + B 2 X 100 = PROPOSED HARDCOVER IN A. House _____________ Lcn{*(h Width X X X B. Garage'JO C. Driveway D. Sidewalk E. Pat to/Deck F. Landscape Uoderlain By Plastic X X X X X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X 100 = z/f.S 3o» ^ 7 Jo .a9.4» 97L.9 (06.0 ?{.6 S.F. S.F. S.F. /3o.<7 S.F _ S.F. _ S.F. _ S.F. ___S.F. t 9. Z S.F. (O£,o S.F. S.F. S.F. S.F. 2/.^- S.F. y 2 20.4 S.F. 2^400 ___S.F. 39.4o % 3133.^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. /00/3- 4^ S.F. '23400 S.F. <^2.79 % A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE 0-75'75-250’250.50Q>500-1000* S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.*F. Iftzo S.F. S.F. m S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B J PERMIT RECORD X • • Permit No.Date Type of Permit iSH-d //OT-4V /\Jc,(jJ t^ES “7HI /9 <SS Lcfc LiSlJSl /O- V' 6b ^U/y\P S'-^7 S-joyj /CGL Lbiy Ms//S-/^'9=^/)/^ -±S 6 _ .._.X.ai£x.01 •1^'r,..,A n ij r Bichibil- 3 '■ :• f. // ir^ ■) V^.i Cl - vU^A Adjacent Property Owners’ Acknowledgement Form I (we)r<>’"3n [print name(s)]/ / 3'.(^ T2 [print address] proposed improvement or proposed use of the property located 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 propert>' 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. Date Property Owner Date I (we) / ^ ^P- (print name(sj] [print addressl[print address] have re^^d the plans for the proposed improvement or proposed use of the property located also referred to as T.anH TIsp Annliratirm Mr»also referred to as Land Use Application No. 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 Oflice at least 10 days prior to the scheduled meeting date. L0 O'y^ ^hotrd /a-i^ 3/m h% L<^ siy ?-b lii: , yM J/ 5‘^>=»/ V <3k/ CV(. ^AXA^'^t^ 3/(0/?^ % ' •. '•C N V V .T '1‘> aiit®t3^^r.n'.‘ArA«o*»'^"»v^^«‘M-f—••■ •■-ir. f —t •• -•-,rvi. -• r m c y Ui>fi •lie Dr:>/«- eyrMi b‘> V I Ml 4 • ^ li * ' Vy /- i 0-^ P<Ty7-^i S aria S Of, • ,. yD:Diy^0M .■ ■ 'ii.i':Aafer:aS 5?:\ * wTurr:;- , J.-^ :■: .. '■. 'j M~.w, W'W ■. rill-"' ♦ t ljUMl^:’'f:W' - • 7 .• v%'M .. \ .* V ^ • - ^ .- r - , • • • • • . • .•-•w ..i-i-i.*—* —^•..•« a\r \ycHo.vJ( prj^»;i?4 slv4 OCfth'o^ ' *-.v'---'.' • • -•' - .'• .•• ••• \ ',••> ■ . *v > .> -1. <- ReSlDen^C^ ______________________• . ■: Ilj - A- Sf >'•■■'■: ' -V- ^ Cw ' l/''^ ^ .* ^i/\/'Jl/t/^l '’Jp H-^fo Hu O' ^ O Oiidfloit UH'‘^c '\ COUNCIL MEETING APR 2 7 1993 REQUEST FOR COUNCIL ACTION CjWOrOFlONO DATE: April 23, 1998 ITEM NO : /7- Department Approval: Name Ron Moorse Title Citv Administrator Adminis^ator Reviewed:Agenda Section: City Administrator ’s Report Item Description: John Dalbcc Request for Council Determination Regarding the Keeping of Horses at 30 Orono Orchard Road North ATTACHMENTS:1. Letter from John Dalbec to the Mayor and City Council dated March 1 3, 1998 2. Memorandum from Jeffrey W. Lambert, Attorney for James Murphy and Sandee Smith, dated 4/24/98 3. Letter from Nancy Bordson dated 4/24/98 4. Letter from Mike Gaffron to John Dalbec dated July 25, 1997 In May of 1997, John Dalbec of 1565 Orono Oaks Drive questioned the legality of the keeping of horses at 30 Orono Orchard Road, and expressed a number of concerns regarding the continuation of this activity. The specific concerns e,\pressed were as follows: 1 . The lot size does not meet Code for maintaining two horses. 2. Pasture size does not meet Code for two horses. 3. "Sewage" drained directly to the wetland. 4. The stable does not meet the 75' setback to lot lines. 5. The stable does not meet the 150' setback to adjacent residences. In response, staff reviewed the City's Codes regarding the keeping of horses, and the history of this use on the property. Staffs findings were that the use of the property for the keeping of two horses is a legal non-conforming use, that the location of the bam and enclosure in relation to neighboring properties was legally established prior to Codes that required specific setbacks, and that the keeping of horses on this property is not causing a pollution problem. Based on these findings, staffs conclusion was that the two horses and existing facilities would be allowed to remain on the property. These findings and conclusions, along with substantial background information, are reflected in the attached letter from Mike Gaffron to John Dalbec dated July 25, 1997, Recently Mr. Dalbec has requested that the City Council review the City stafl conclusions as to the decision to allow the two horses and existing facilities to remain on the property at 30 Orono Orchard Road. Staffs position has not changed regarding this issue. COUNC i. ACTION REQUESTED: Motion to affirm staffs conclusions as set out in the letter of July 25, 1997. I tr r. APR-O thU 0T:13 AM Maich 13, 1998 Attn: Mayor and City Coimcil ot'Orono Dear Mayor and City Council, I jm requesting tliai the City Council review the city staff coiictusions, as to the decision to con tnue to et the Smith-Mutphy's house two horses on a lot that does not meercode The lot stre is too small, the pasture siee is loo small, the stable does not meet 7V o lot lines, nor docs it meet I SO' to adiaeent residences. llmfthlv “"'“'ssioii is fiirther evidence that she surely k\\nat they were doing was a violation of the codes ^new reviewed and decided by an impartial forum If anwliin'’ thev should be held to the same standnrH t. an>'injno. ine>sarjic standard tlia: eveiyone else is. 1 on. asking for a mling to discontinue the use of this properly for the housing of horses. not'be re7ai'S'or'“cm Fact: Fact: reqiiesled from the city the codes concermng horses, curiously, this is onutted in ?he history ofthe pflpc^ rr;xr• .He Fact: orr>I,rncTregaXs “a ' "‘efc S 1 asuiae size IS not quoted in your response Fact The lot IS not large enough for two horses. ___ F-.Ol f 04'24-OS 10:06 FAX 612 475 0301 LAMBERT & BOEDER Lambert & Boeder A PaoFEssioKAi LiMrrED L' \Hif nv Paxtnch ?hip JFFn»F,Y W. Lambert Li-p R. liKsoKimn' DRi'fiF, A. Bot-OfJt ATTOR‘fn'5 A t La * ■ALSO ADMrrrfco North Dakota 1000 Superior DoutE^AR^) Wa 'vtata . MiNNt.sniA (012) 475-?435 (800) 947-2 Pt. ■|y» FCOMFR: (612) 47S.IH0I MEMORANDUM TO: FROM: RE: DATE: Mayor Jabbour and City Council members Jeffrey W. Lambert John Dalbec/James Murphy and Sandee Smith April 24, 1998 @002 004 Of Coi'NSEL Jamu M. Vkntcra Warrek V, Bigelow. Jr Our office represents James Murphy and Sandee Smith concerning the complaints made by John Dalbec about Jim and Sandee's property' at 30 Orono Orchard Road. This matter was first raised by Mr. Dalbec in May, 1997. In spite of an extensive investigation by the City's staff, a conclusion in favor of our clients and letter from the City Administrator that this “file is now closed, it is our understanding that Mr, Dalbec is being provided with a forum to have this matter reviewed by the Council on Monday, April 27th. It is our position tliat any reasonable time frame for an appeal has expired and that there can no longer be an appeal, in the formal sense, of these administrative findings Accordingly, we arc proceeding as if this is merely a forum for Mr. Dalbec to continue to complain about matters which have already been decided and for which a final decision has been rendered. Following the initial complaints in May, 1997, the City ’s staff undertook an extensive investigation. On July 25, 1997. Michael Gaffron, Asst. Planning & Zoning Administrator, issued a six page letter, with attachments, to Mr. Dalbec. This letter was extremely detailed and Outlined each of the issues. Mr. Gaffron concluded that; the use of the property for housing of two horses based on all available information appears to be a legal non-conforming use, that the location of the bam and enclosure in relation to neighboring propenies was legally established prior to codes that required specific setbacks, and that the keeping of horses on this property is not causing a pollution ‘04--24 10:110 FAX 012 475 0301 LAMBERT & BOEDER @003 004 problem. My conclusion in this matter, therefore, is that the two horses and existing facilities will be allowed to rernain on the property. Mr. Dalbec was also notified in that letter, dated July 25. 1997, that if he disagreed with the conclusion, he could detail those concerns in a letter to the Council for their consideration as "an appeal of an administrative decision." It is our understanding that he never requested nor sought an appeal. Due to the unreasonable delay no appeal should now be allowed. In fact, the City informed our clients, by letter dated December 18, 1997. that the "file is now closed." For your convenience a copy of that letter is attached. Based both upon the failure by Mr. Dalbec to appeal this in a timely manner and upon the December 18. 1997 letter from the City Administrator, it is our position that the administrative decisions of the Cit>' staff as set forth in the July 25, 1997 letter are now final. We consider this to be a closed matter. Mr. Dalbec in his letter dated March 13, 1998 does not raise any new facts. Accordingly, with one significant exception, we do not feel it appropriate or necessary to respond to that letter. The one exception is the insinuation by Mr. Dalbec that the City did not review and decide this matter in an impartial manner because our client, Sandec Smith, is on the Orono Planning Commission. To even suggest that our clients are being held to a different standard than all other citizens of Orono is ludicrous. The City staff handled this in most professional manner and their conclusions are well documented. Our clients neither requested nor received any .special treatment. We understand that a citizen can and should be allowed to air his grievances, but there can be no question m Uiis case that the City has allowed Mr. Dalbec more than an ample opportunity^ to exercise those rights. We also feel that the City has gone above and beyond the call of duty in investigating and researching this matter. It is e.xpectation that after allowing Mr. Dalbec one more opportunity to present his grievances, the Council will finally put an end to this matter. cc;James Murphy and Sandee Smith Ron Moorse, City Administrator Thomas J. Barrett, City Attorney 04 24 9S 10:07 FAX 012 475 0301 ^ ^"qS p *^ 91 ’SBMINNEAPOLIS, MN USA TEL:1-612-475-0968 Opr 21 98 (2lOo4 On4 9:34 NO.002 P.02 December 18,1997 GlTYoTORONO Municipal Otlloai $bi«t Mdnii: 2750 Keli«y Pailiway Qrom, MN 553S6 MlWiif Uima: P.O. Box 66 Crystal Bay. MN 55323-0066 Jim Murphy and Sandec Smith 30 Orono Orchard Road Way^ata, Minnesota 55391 Dear .Tim and Sandee: The city has received your letter of October 17, 1997 regarding the date the htrrscs were moved onto youi property. The information provided in your letter has satisfactorily completed the city's file on this issue, and the file is now closed. 'I'hank you for your coopcfaiion and assistance throughout the city's investigation tmd analysis. Sincerely, Ronald J. Moorse City Administrator Triepbon* <«ia) 473-7357 • FAX 473-0510 ftPR-24-98 FRl 10:07 ftfl HHG TelevisionCity FAX HO. 612 359 3636 P. 02 t R A 03 I / \ April 24, 1998 Ron Moorse Orono City Administrator Greetings Ron. l am writing you in regards to Jim Murphy & Sandee Smith’s horses. I understand there are concerns over the horses by someone in our neighborhood. As a neighbor I felt It was important tor you & the council to hear another opinion. The horses, the barn, the fence all nestled across from the wetlands -it is my single favorite thing about living on Orono Oaks Drive. I can only speak for myself however, I believe you d be hard pressed to find other neighbors who had problems or concerns with the horses. I feel the view of the horses is inviting. In my opinion it is the best feature of our neightorhood. It is what living on acreage in Orono is all about. I encourage you to keep Orono the kind of place where this kind of beautiful scenery is possible. Sincerely. -//.1-^' Nancy Bordson 1290 Orono Oaks Drive Long Lake. MN 55356 group metrotv.com METROPOLITAN S10 FIRST AVEf^Uf N. Srd FLOOR HOOOERgfoup MIHHtAPOLIS MIMNESOTA 55403 6 W. 3 3 3 .1 0 2 0 FAX.359.3636 J CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 July 25,1997 John Dalbec 1565 Orono Oaks Drive Long Lake, MN 55356 « Dear Mr. Dalbec: In May 1997 staff received your complaint that there are too many horses on the property at 30 Orono Orchard Roac* North owned by your neighbors, James Murphy and Sandra Smith. You indicated a concern that because of a lack of pasture area this use is resulting in destruction of vegetation, topsoil erosion and waste discharging to the nearby wetland. I have inspected the site on two occasions and I have discussed this issue with the property owners. They have consulted experts to assist in determining whether there is a potential pollution hazard. They believe that the current number of horses and bam location must be considered as a legal non-conforming use. I have spent considerable time researching City records to determine whether there is a basis for their contention. Your specific concerns as expressed in your letter of June 11 are: 1. Lot size does not meet code for maintaining two horses; 2. Pasture size does not meet code for two horses; 3. 'Sewage' drained directly to w'etland; 4. Stable does not meet 75' to lot lines; 5. Stable does not meet 150' to adjacent residences. List of Attachments John Dalbec July 25,1997 Page 2 Two horses are kept stabled on the property. The lot size is approximately 3.7 acres of which 0.1 acre is wetland. The fenced enclosure on the property in which horses are kept is approximately 0.4 acre in area, including the 2200 s.f bam. Code Section 10.20 Subd. 3(M) as consistently interpreted by staff would require 1 acre for the residence plus 2 acres of pasture for the first horse, or 3 acres total. The second horse would require an additional acre of pasture, for a total of 4 acres. When they purchased the property in 1988, Smith/Murphy were under the impression that the property contained the required acreage for two horses. They have had two horses at the site continuously since 1988. City records indicate two or more horses were at the site prior to 1988, and in 1987 the City represented to the previous owner that the property contained enough acreage to house two horses. The City never attempted to enforce the pasture acreage requirements on this property in the past, and never indicated to the owner that the lack of pasture was a problem. Code Section 10.20 Subd. 3(M) gives the Council the discretion to reduce the required pasture acreage if the horses do not require pasture for feed purposes. The Smith/Murphy horses do not require pasture for feed purposes. A legal non-conforming use does not require specific Council action regarding the pasture requirement. City files and airphotos indicate the bam had been used historically for housing horses since the mid-1950’s or earlier. City records do not provide any documentation whether the use of the site for keeping horses was ever suspended for any length of time. There is no evidence that this or any previous owner of the property ever had an intent to abandon the use of the property for housing horses. The City did not require that the horse bam be removed at the time the property was subdivided, suggesting that the City expected that the bam would continue to be used for some accessory purpose when a new principal stmcture was built on the property. The City at the time of subdivision made no representations about the possible future uses of the bam. All of the above information suggests that it would be difficult for the City to refute the argument that the use of the property for housing at least two horses has been continuous since the adoption of the codes requiring a minimum lot area and minimum area of pasture. John Dalbec July 25,1997 Pages and should be 'grandfathered', i.e. considered as a legal non-conforming use. Staff is unaware of any past formal requests in the City for pasture acreage reduction, hence there appears to be no precedent for reference. Regarding concerns #4 and #5; The bam on Lot 10 is located approximately 20 feet from the Luce Line right-of-wajr Vi the south, and approximately 20 feet from the west property line abutting Lot 13. This relationship has existed for more than 40 years. The bam is more than 200 feet from the north line of Lot 10 and 500 feet from the east line of Lot 10. Smith/Murphy are owners of Lot 13 . The bam is approximately 60 feet from the house on Lot 13, and approximately 270 feet from the next nearest residence, which is south of the Luce Line. The bam was established in its current location many years prior to the 1968 and subsequent zoning code standards which made its location non-conforming. The standards for the 75' lot line setback and 150' "nearest adjacent residence" setback were established to provide a buffer between horse bams and neighbonng residential properties. Except for Lot 13 which SmitWMuiphy own. the f is''ng meets the intent of such buffering, in staffs opinion. On the other hand, if Lot 13 sold to another party, the buffering might not be adequate. The Luce Line Trail is not only a pedestrian and bike trail but is also a horse trail by design, hence the adjacency to a horse bam should not be incompatible. Regarding concern #3: . The fenced horse enclosure is approximately 40-50 feet from the apparent boundary of the 3-acre Type 2/3 wetland located within Lots 10-11-12-13. A gravel driveway is located between the enclosure and the wetland. The City has a 26' wetland setback requirement in effect for structures and other activity occurring near wetlands. The enclosure appears to meet this setback. Johii Dalbec July 25,1997 Page 4 The property owners do not let manure accumulate to a point where it would harbor rodents, flies or insects. Staff has visited the site and has observed that such noxious conditions do not exist. During my inspections of the site on June 11 and July 2, 19971 observed no excessive or malodorous aromas. There was no accumulation of manure and water on the site that would indicate a chronic mucky situation that could lead to a continuous odor or runoff problem. During the July 2 inspection, which was the morning after a heavy rain, I found no indications that manure had been transported off the site to the wetland by runoff. While there was not a dense vegetative ground cover within the enclosure during both my inspections, about half of the enclosure does have some vegetative cover, and there was no indication on July 2 that the area enclosed was eroding over the driveway and into the wetland. I did observe that the driveway gravel had w'ashed down hill from the east and was a potential source of sedimentation to the wetland, which should be resolved by the property owners who share that driveway. Smith/Murphy have consulted with an expert from the University of Minnesota, who indicates in the attached letter that in his opinion, "the impact to the wetland from runoff through this lot is extremely mine. He also indicated that with only iwo horses, this site does not qualify as a feedlct, and with only two horses the amount of manure to be dealt with is minimal. This site does not strike me as an eyesore, and while I could see no visible indications of runoff leading to the wetland, such runoff could possibly occur. Berming around the north and west fence lines might help control runoff to some extent, although I have no compelling information that leads me to conclude that it is necessary. Conclusions 1.The City would have a difficult time simply requiring that one or both horses be removed from the site due merely to not meeting the total acreage requirement (which is calculated on the basis of pasture acreage requirements) for the following reasons; a. Horses have apparently been kept at the site on a regular basis since prior to the codes which established minimum acreage requirements; b. There has been no apparent intent by the current or past owners to abandon John Dalbec July 25, 1997 Page 5 use of the site for horses; c. When the City allowed the horse bam to be within a 3.7 acre lot as part of subdivision of the property in 1980, the City did not require the bam be removed. d. In 1987, the City represented to the prior owner that Uvo horses could be kept on the property. While that conclusion may have relied on incorrect information regarding lot size, the current owners relied on this representation and have had two horses on the site without incident or complaint until the current complaint surfaced. e. The City Council at its discretion can allow the pasture requirement, and hence the overall acreage requirement, to be reduced if it fmds that the horses do not require pasture for feed purposes. The Smith/’Murphy horses do not require pasture for feed purposes. In effect, the City has tacitly granted such reduction by its past inaction. 2. The location and locational relationships of the bam were established prior to adoption of the codes which made the bam location non-conforming. The history of use of the bam for horses and the apparent intent by past and current owners to continue that use, plus the City's lack of action to restrict or eliminate the use when the subdivision occurred, make it difficult to require now that the use be ceased. 3. I find no compelling evidence that suggests the site is causing a pollution problem for the wetland. The enclosure appears to be kept in such a manner that manure does not accumulate to any extent. While stormwater from the site would generally run toward the wetland there is no visual evidence that excessive nutrients are reaching the wetland (i.e. the wetland perimeter vegetation is not significantly different from that of any other wetland or from other locations around this wetland). It would be very difficult to establish whether nutrient levels at the edge of the wetland near the t nclosure are higher than 'normal*. Absent any definite evidence of a pollution problem, and given the expert opinion of a Livestock Systems Specialist from the U of M that the impact of the site on the wetland is 'extremely minor*, I must conclude that this site is not causing a pollution problem. There is no evidence of an odor problem (and no complaint of one). There is no evidence that the site is harboring rodents, flies or insects (and no complaint that it is). To summarize, my conclusion is that the use of the property for housing of two horses based on all available information appears to be a legal non-conforming use, that the location of the bam and enclosure in relation to neighboring properties was legally established prior to codes that required specific setbacks, and that the keeping of horses on this property is not causing a pollution problem. My conclusion in this matter, therefore, is that the two horses and existing facilitieswill be allowed to remain on the property. I will recommend to the propert)’" owners that they establish measures to John Dalbec July 25,1997 Page 6 eliminate erosion of the gravel driveway toward the wetland. Thank you for your concern as well as your patience in allowing the City adequate time to investigate the issues of this matter. Per your discussion with City Administrator Ron Moorse, if you disagree with the City staffs conclusions, you should detail those concerns in a letter to the Council for their consideration as an appeal of an administrative decision. Asst. Planning & Zoning Administrator cc: James Murphy & Sandra Smith Ron Moorse, City Administrator Mayor Jabbour and City Council Historj' of Property 1. The existing horse bam has been at its current location and size since at least the mid- 1950's or earlier. 2. 5. 6. The horse bam in the mid-1950's was accessory to the residence now owned by Mr. Stmyk currently known as 40 Orono Orchard Road North. The property contained approximately 40 acres at that time, including the residence and the bam. The small house now known as 20 Orono Orchard Road N. (the "comer lot") was already on a separate parcel as of the mid-1950's, although airphotos indicate that driveways interconnected the apparent use of the two properties. The low area north of the bam (now the middle of the wetland in Lots 12 & 13) contained an oval riding ring. The property, including the comer lot, was subdivide in 1978 to create new imsewered building sites of two-plus acres each. In July 1978 the City approved two optional lot configurations: a 12-lot plat with the bam and the comer house platted together as a single lot; or a 13-lot plat with the comer lot separate from the bam, but the comer lot expanded to contain at least 2 dry-buildable acres The second option was ultimately chosen, and the City allowed dry-buildable credit for the wetland area that exists today but which was dr>' in 1978. As a result, the comer lot platted as Lot 13 contains 2-plus acres of which only h?!f is considered dry- buildable by today's standatrds and prevailing condition. And. ' ^ 10 with the horse bam contains approximately 3.7 acres of which approximately O.i .w: .: lo wetland. In approving the subdivision as it was ultimately configured, the City did not address the accessory stmcture status of the bam, and did not require that it be removed, although it became an accessory' stmcture without a principal stmcture. The City also placed no conditions on the future use of the property, even though it obviously contained a horse bam and fenced area historically use to keep horses. A building permit was issued in November 1982 to Steve Neslund for a new home to be constmcted on Lot 12 which was constmcted during 1983 and Certificate of Occupancy issued in January 1984. Curiously, the Certificate of Survey used to obtain the building permit did not show the then-existing horse bam, although that survey purports to show "the location of all buildings, if any, thereon...". In July 1987 the City received a complaint about manure storage at the site. The inspector did not find manure being stored but did find 3 horses. The inspector somehow concluded that the site had 4.2 acres of land and ordered the third horse to be removed, which was done without question since the third horse was apparently being housed only temporarily for a friend of the \vner. i- 7.In October 1988 Neslund requested information about how many horse^ould^^ housed on the property. Mabusth sent him the code but apparently drd not define number of horsel possibly because she did not have acreage figures for the property. In December 1988 Smith & Murphy moved onto the property. Within a short time they started using the site for housing of horses. The City has no record of comp regarding those horses untii Dalbec's May 1997 complaint. Histoty of Pertinent Codes 1. 2. in Zoning Code included Animals" as an accessory use in the R-IC District c su ject property was located. The standards for such use were as follows: of domestic animals for non-commercial purposes includine horses fo the use of the occupants of the premises, provided that any accessTbuLta^ for housing such animals shall be located not less than 150 fe7from Hea^ sZ hall be e.xclusive of minimum lot requirements and shall not include low ijing lands." ^ The 1968 Code also defined Stables or Bams - Private in 34.040 as follows: "Stables or Barns - Private. A building or structure used or intended to be used for hou.ina horses, mules, donkeys, or ponies belonging to the occupant of the pTope^ a^d ^ adjoinhg7ore47°'''' In 1970 Section 34.037 was amended by adding the following language: a. b. e. f. Is'o^Sir not removed from the premises prior to May a^roTCi^atlTo;" L/^IZ mncin"" The animals have been treated cruelly or inhumanely. A public nuisance e.xists on that property. Also in 1 970 the definition of Stables or Bams - Private was revised as follows: "'“i - Private. A building or structure used or intended to be used fShouM "ft, °r”’ j? '*“”'“7^ or ponies belonging to the occupant of the property not be located less than 150 feet from a dtvriling en adj.lui,,' pio o„t, the In 1973 the Council adopted Chapter 110, "Animal Regulations" (See attached Ordinance #157) which dealt with: Animals at large, including impoundment, disposition, and fees. Declared that "No person shall keep any animal in a manner creating a public or private nuisance." - Included items a. thru f. as adopted by the 1970 revision of 34.037. Defined regulations for the riding of horses. Authorized the establishment of a 3-person Livestock Commission to "assist the Village Clerk in inspection of the premises of those seeking a horse permit, to receive complaints from those aggrieved by animal owners or keepers, to investigate complaints, to advise animal owners against whom complaints have been lodged, and to advise the Village Council as to appropriate action." Again revised 34.037 as follows: "34.037. Animats. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line^ provided that a A minimum of two acres of open pasture must be available for a single horse, and-that one additional acre must be available for each additional horse. WTicre When the horses are kept stabled without'requirement for and do not require pasture for feed purposes, this-the minimum pasnire requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall be exclusive of minimum lot requirements and shall not include iow lying lands unusable for pasture or grazing. Anv person keepine such animals must comply with the provisions of Chapter 110 ." 4. In the 1975 code revision. Section 34.037 was renumbered as 34.031 and revised as follows: "34.037. Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one acre in aggrecate . exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall bo c.xctuaivc of minimum-lot requirementa and sholl not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of Chapter 110." 5.Changes were made to the numbering when the Zoning Code was recodified in 1984. Section 34.031 became Section 10.20 subd. 3(M). Section 30.040 became Section 10.02, Def. 65. Also, sections of Chapter 110 were either relocated to other sections of the code or dropped. The provisions for a Livestock Commission were dropped. 6. In 1986, Def. 65 was revised as follows: "65. Stables and Barns - Private. A building or structure used or intended to be used for housing horaca, mulco, donkcyj or ponies tbe K^gping of hopfed aniMs belonging to t e occupant of the pmpprtv and kept for non-rnmmercial purposes. (Should not be located Icaa than ISO feet from the nearest lot line)." Also in 1986, 10.20 Subd. 3(M) was revised as follows: "M. Animals. The keeping of domestic animals for noncommercial purposes includmg horses for the use of the occupants of the premises, piovidcd that wy utctjjor)' building used for housing auch animals ahall be located not leas than 150 feet from the ncorcat lot Imc. minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of ^o acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of me Council. Such minimum pasmre acreage shall not include low lymg lands unusable for pasture or grazing. Any person keeping such animals must comply with me provisions ot the City Code." Further, in 1986 a new section, 10.20 Subd. 3(N) was added to create a new conditional use as follows: Note that Section 10.28, Subd. 4(A) was also revised so that "M. Animals" and "N. Stables and Bams - Private" are accessory uses in the RR-IB zone. The reason for this exhausti /e review of Code revisions is to assist in establishing at what point certain items or activities may have become non-conforming. r r Minnesota Extension Service UNivfcRsiTY OF Minnesota Dakota Colnt '»' 4100 220th Street West Farmington MN 55024*9539 (612) 891-7700 TDD: (612) 891-7749 FAX: (612)463-8002 E-mail dakota^ mes.umn.edu June 23. 1997 TO: Jim Murphy and Sandra Smith FR; Jeremy Geske, Extension Educator, specializing in Livestock Systems' RE: My observations from the June 19 farm visit CC: Tom Wegner The message I received was that there was some concern about runoff from a horse lot entering a wetland. Jim and Sandra wanted an expert opinion on pollution potential, and if a problem did exist, advice on how to prevent it. We set up a farm visit, so I could see the situation first hand. My initial reaction was A) there are only two horses and B) the lot was not devoid of vegetation. It is my understanding then that this farm would not be considered a fcedlot and a permit would not be required. In addition, the amount of manure from two horses is relatively minimal. There is a hill above the East side of the lot. However, there is thick vegetation on the hill and Jim blades a ridge of dirt around the fence; both of which should reduce the amount of runoff crossing the lot. For the most part, it appears that only rain (or snow) falling directly on the lot would be a concern. The lot itself is very small and it appears that only about 2/3 of it drains towards the wetland. Between the lot and the wetland is a narrow strip of grass and a gravel road. Considering the small size of the operation and the way it is managed, my opinion is that the impact on the wetland from runoff through this lot is extremely minor. In addition, the horses appeared to be in very good condition, and well taken care of. Jim and Sandra gave me t^c impression that they willing to follow any steps necessary to ensure they are not polluting and that their horses are managed properly. Their veterinarian could probably attest to this. If you would like more opinions, I would recommend inviting a representative from the Soil and Water Conservation District and/or Minnesota Pollution Control Agency to inspect the sight. I am also sending Jim and Sandra some information on composting horse manure. UNIVERSITY OF MINNESOTA. U S DEPARTMENT OF AGRICULTURE. AND MINNESOTA COUNTIES COOPERATING kI COUNCIL MEETING REQUEST FOR COUNCIL ACTION APR 2 7 1993 DATE: April 27, 1998 CrTYOFORONO ITEM NO,/S' Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Request for Payment, County Road 15 Reconstruction Project We have received an invoice from Hennepin County for the County Road 15 reconstmction project .This invoice is for a partial payment of the City's share of Right of Way acquisition costs per the Cooperative Agreement between Orono and Hennepin County. The majority of the parcels have been acquired with conditional deposits to Hermepm County District Court for several parcels in condenmation proceedings. This invoice is for $55,447.50 The budgeted amount for Orono's Share of right of Way costs in the Cooperative Agreement is $104,085. These costs are eligible for Reimbursement from the City's Municipal State Aid funds. We will apply for reimbursement of these funds after payment to Hennepin County is made COUNCIL ACTION REQUESTED: Motion to approve this Request for Payment of $55,447.50 to Hennepin County for the County Road 15 reconstruction project wwv /r A’*' j V Hennepin County An Equal Opportxinity Employer KK*:V ‘^3.', V 'y c t:.?i>; v-i 1 r '<■ *>>vv;vv*', J -Xi.. ^-.4 X» J C/M caiMC\L ^6iN[XI{^ fOIL^^-Jj-j-O^Q 5^-A^l>^n^l^b [Oh. fyl\l\^ April 13, 1998 ^Zl-^9 /^f Sc { Mr. Glen Cook, Director of Public Works City of Orono Department of Public Works 2750 Kelley Parkway, PO Box 66 Crystal Bay, MN 55323 '■0~0f /^>66/L.E/v^^Mt ■ ' ■■’ tCT r r ,A?RU!>9Sf£>s\ F/'tULiVy,.,, ^)0%O8S Agreement No: 52-08-96 County Project: 9222 on Hennepin County ’s CSAH 15 Dear Mr. Cook: Hennepin County has entered into a contract for the above referenced project with the successful bidder, Ames Construction. The amount of the contract is $2,887,016.08. The following documentation is enclosed concerning this agreement: 1 A listing by parcel and payment detail stating initial right from inception through November 30, 1997. 2.Invoice Number 28129 in the amount of $55,447.50. This is the City of Orono ’s initial cost share of the right of way per the terms of the agreement. Future right of way billings will be submitted. If you have any questions, please call me at 348-8977. Sincerely, Kathleen Caldwell Financial Mangement & Accounting Enclosures Public Service Administration - Financial Management and Accounting Division 417 North 5* Street, Suite 310 Minneapolis, Minnesota 55401-1360 (612)348-9353 FAX:(612)348-9710 TDD: (612)930-2696 Recyded Paper J r C.S.A.H. 15. PROJECT 9222. TOTAL RIGHT-OF-WAV COSTS THROUGH 11/30/97 »PAYEE description DATE CLEARED AMOUNT HENNEPIN QR q'no --fr”1 1 Larry Coulter 1 Henn. Co. Dislricl Court i're ^'*' 1 Dakota Rail Court*^!^ ___Title Ooinions 1A Judith C & John H, Pansier 2 Janies A. Loosen ~ 2A Christopher Vollralh Cond. Deposit County Appraisal Purchase Easemeni 01/07/97 ' 1 2/31/96 | 08/13/97 08/13/97 09/04/97 10/14/97 09/03/97 _____________________ 10/1 4797 Title Opinions_____ _ j)3/25/97 03/25/97 Purchase Essement $650.00 _$357.50 _sij.2do'oo ' "se.'ieo'od S2.ddo do *' SL100.00 $23,500,00 ‘ '$12.925 00 Put chase Easement 06^3^7 06/03/97 04/22/97 04/22/97 $382.00 ■$25drod' $50. CO $382 .p0_ S_25GT.00 " $50. do , _S2^2.50 $5.040,00 . S900.00 Sld.575.00 3A Bradley C. Bowman 5 Gary & Cheryl CosHy 6 Henn. Co. District Court 6 Larry Coulter 7 Larry Coulter 7 Tuttle. Gednev Purct ^.c s* nenl 1 / ^ 1 05/29/97 UO/U l/t#/ 04/29/97 ooyu.uu $750.00 ;^oyu.uu $375 00 - Purchnsb Liisemc..;05/29/97 : 05/29/97 $30000 $150.00 Cond. Deposit 08/'l2/97 08/12/97 S3.'7bo.'od $1,850.00 Title Opinion 11/04/97 11/03/97 $75.00 ■ $37.50 Title Opinion 09/15/97 09/15/97 $75.00 $37.50 $37500 $150.00 $1,850.00 $37.50 $37.50 7 DeHolt. Kenneth Purchase Easement 11/04/97 11/04/97 ____S4'45d.00 $2.225.00 " $2.22^ 11/06/97 11/06/97 $5,900.00 $2,950.008 Leonard S. Busch etal Purchase Easement 06/17/97 06/17/97 $650.00 $325.00 $325 0010 Timothy & Lynn Duoos Purchase Easement 05/29/97 05/29/97 $375.00 $187.50 S187 *011 Larry Coulter Title Opinion Update 05/01/97 04/30/9V $35.00 $17.50 $1 / 50'11 Douglas D. Johnson etal Purchase Easement 06/12/97 06/12/97 $2,150.00 $1,075.00 $1.075.:d13 Goetten Purchase Easement 08/26/97 08/26/97 $500.00 $250.00 S250.0013 REAA County Appraisal 09/d4/97 09/03/97 $750.00 $375.00 $375.0013 Larry Coulter title Opinion Update 09/16/97 d9/15/97 ■$'7d'od '$35.00 $35.0014 Hamm. Edvvard ”Cond. Deposit OS/1 3/97 08/13/97 sio‘.25odq ”S5,i 25.00 ■*"$5'l25.d'014 RcAA.Courity Appraisal '0a/04.'97‘'09/03/97 ■$750.00 S‘375.0d''$375.0015 Harrison _Purchase Easemen*oa/'?'6/s'7 C3,^3/97'"'' 544.odd do ■S22.dd0.00 S22.odd.dd'15 REAA • County /ppiai^sai_ _' '69704/9’7 09;0379'7 ■s'2;500 qc J $1.250 do $1.259'.00 • $115,902.00 $60,454.50 $55,447.50 . .---------- Hennepin County Right of Way Expenses $60,454.50 ■ ------- ------- ... .Oropc Right of Way Expenses S55.447'.50 ■ . ^ - . . $115,902.00 Henneoin County is resccrsiple for VVayza a costs on Parcels 1A. 2 2A 10V- of Parcel 1. Dakota Ra77cad ' Primed; 3/17/98, 11:28 AM Page I of I 1993 Cost ReCaps.xls, 9222 Hennepin County Public Service Administration Financial Management and Accounting 417 North Fifth Street, Suite 310 Minneapolis, MN 55401-1360 Billed To: Mr. Glen Cook. Director of Public Works City of Orono Department of Public Works 2750 Kelley Parkway, PO Box 66 Crystal Bay. MN 55323 INVOICE #28129 Invoice Date:04/13/1998 County Project 2922200 Agreement PW 52-08-96 Customer Project None Agreement None Item Description Amount The City of Orono's initial right of way on CSAH 15 from start up through November 30, 1997 is indicated below: Riaht-of-Wav Initial Share AMOUNT DUE BY 5/28/98 $55,447.50 Subtotal $55,447.50 $55,447.50 All payments to the County must be postmarked by the date due or a late penalty of 1 % per month, or fraction thereof, on the unpaid balances will be charged to the City. The City shall pay the amount due as stated on the statement, notwithstanding any dispute of sucti amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily Interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of 1 % per month on the disputed amount. REMIT BY CHECK. MONEY ORDER OR DRAFT PAYABLE TO: HENNEPIN COUNTY TREASURER Mention: Mike Sandell Hennepin County Public Service Administration 417 5th Street North, Suite 310 Minr^eapolis, MN 55401-1360 PLEASE PRINT THE INVOICE NUMBER ON YOUR REMITTANCE 0^ Page 1 of 1 ’ COUNCIL MeSTlNQ REQUEST FOR COUNCIL ACTION APR 2 7 1998 CITY or ORONO DATE: April 23,1998 ITEM NO:-6 Department Approval: Name Ron Moorse Title City Admini; . -:tor Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Scheduling of a4»^lic Information Meeting Regarding Townline Road Proposal Mn/DOT has been working with the city of Maple Plain; with periodic involvement by Hennepin County and the cities of Orono, Medina and Independence; to develop a plan for addressing traffic safety concerns at the intersection of Townline Road, County Road 29, and Highway 12. It has been determined that a signalized intersection is needed. However, because of the location of the railroad overpass bridge on Townline Road, a signalized intersection w'ould require the reconstruction of the railroad bridge. Discussion of this alternative had included the possible realignment of County Road 19 to Townline Road. A recently proposed alternative that would eliminate the need to reconstruct the railroad bridge is the closure of Townline Road at the railroad bridge, and the installation of a signalized intersection for the remaining County Road 29 and Highway 12 intersection. This alternative has a number of advantages and disadvantages for the residents on or near Townline Road. The Council may at this time want to schedule a public information meeting to update the residents of the area regarding the proposal to close Townline Road at the railroad bridge, and to obtain input from the residents regarding the proposal. COUNCIL ACTION REQUESTED: Motion to select a date and time for a public information meeting regarding Townline Road. SCHTOWN KTG ^7^ ms. /W^ T( * • • • , - V - .fTr- • f* ^‘ ••' • ^^l ’ '■/ *' gSSi;dM!l‘ I 4 ^mM ■S * • ••, • * * 4« ,* .•* ' r • : ♦ . _____L '.«• V ^ * ,.i -. ■ ■ f f. ^ '. -—-—-—------------------------ >:• r '1 - .•s<; i • '/• • r «k-*-• • ^V *y •*,* •’*.' ^ ' “>/* vV V. 1** -J * •' ■*. ■B -‘ ^ ■ ■-> ', .t- • >v M.*' ‘ V)fco «r t-►-Hi-* .T J A\‘4 •V«,_V->. - * 4*f. \ ■> '^^'3 I ItSx ./I s 1 *‘ ^ Vh.?'> .^K v.< '.v' i\y.. -^1 «>y •/(A ( ▼ / * >r‘r /, m: ^i‘ A >1-: iv .'I r^'* <mw ) 4 1 *A i-l 1^ ,A itt V - V !•; {Hf^t W:' «t^ ■ •::a 1/^ ?,«■ m-i-:^s ■- V* ’•‘^ r •* /a7/r' N? r;:>>• •<•.-1 Ai y v.vJi'TS I< A ;:JB r i•'^ ■•V. vv f. iWw '< y#/il > V' .rH-r A. S •• »v*:'v ‘A“: ,>.Wj A. 1 ‘ .■ '^-•x'") ? Vs. ' , ? '-N . :-"d) < “ ’Vfc \ r-a U r ,p. u r’) ,y\ COUNCIL MeSTINQ APR 2 7 1993 REQUEST FOR COUNCIL ACTION U!y or ORONO DATE: April 23, 1998 ITEM NO:n Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Scheduling of a Meeting with Highway 12 Property Owners and Business OvNners The Council is currently working on two major items that will have an impact on property owners and business owners along Highway 12. One is the Highway 12 upgrade project. The other is the update of the City's Comprehensive Plan as it relates to land use along current Highway 12. The Council may want to schedule a meeting with the property owners and business owners along Highway 12 to provide information and obtain input regarding the proposed preliminary design of Highway 12, and regarding the Council's general concept plan for land use along Highway 12. COUNCIL ACTION REQUESTED: Motion to select a date and time for a meeting with the property owners and business owners along Highway 12. m Tine mmm re itmfliit] Riniiiiiimis nrsnvsMOiiwe FSllltKUl [iiKe ^TiTiBCtKIirtTf] A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY CHRISTOPHER K. FISCHER IS THAT OF A POLICE OFFICER WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective April 13,1998, the position Christopher K. Fischer holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held Apnl 27,1998. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk PtHARES i t COUNCIL MEETINQ APR 2 7 1998 C ITY OF ORONO Department Approval: Name Lin Vee Title City Clerk REQUEST FOR COUNCIL ACTION Administrator Reviewed: 7 Item Description: List of Licenses for Council Approval DATE; March 20, 1998 ITEM NO = Agenda Section: Licenses > SPECIAL EVENT PERMIT 1. Freshwater Foundation Clean Water Festival Location: Gray Freshwater Center, 2500 Shadywood Road May 16, 1998 10:00 a.m. - 2:00 p.m. GARBAGE & REFUSE COLLECTOR'S LICENSE 1. Frank Blackowiak Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Road North Mound, MN 55364 COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. Clf< OF ORONO ^ 612A730510 04/08/98 15:16 0 :02/03 N0:062 PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit Fee: $50.00 Date Recoiveci: Phor^B Number: V7/"~^773 SCO Name:_ Address: City, State,7ip-Si>33l Date of Event: S'libhi'S __ tu^ 71lu> sm' Hours of Pwpni^ / OAin - ^ °om the^pl^ds o^spedsl el^’entby the gremirrg of this permit. 1 understend some ovems may require off-duty or reserve officers and a " ^-----‘TFvequired for these services. / ^/9/?P ate Approved: C3 Denied: C By. Remarks: 0t038S 3 r Date:April 23,1998 To:Lin Vee, City Clerk From:Gary Cheswick, Chief of Polic Subject:Special Event Permit I have reviewed the application for the Clean Water Festival to be held May 16,1998. Since it appears that they have made arrangements with the Hennepin County Sheriffs Department for traffic control and assistance, 1 see no reason to set any further restrictions on public safety needs. HENNEPIN COUNTY SHERIFFS OFFICE Courthouse Room 6 Minneapolis, MN 55415-1369 Patrick D. McGowan, Sheriff March 5, 1998 Or Marleane A. Callaghan, Office Manager Minnehaha Creek Watershed District 2500 Shadywood Road Excelsior, Minnesota 55331-9578 Subject: “Clean Water FestivaP ’ Dear Ms. Callaghan: Sheriff McGowan has received and approved your request for the Emergency Squad to assist at the above mentioned event scheduled for Saturday, May 16, 1998. The Sheriffs Emergency Squad will provide tw'o (2) trucks and four (4) special deputies to assist with traffic and crowd control. The deputies will report - in uniform - to the Gray Freshwater Center in Excelsior, CR15 and CR 19, Navarre at 0900 hours on May 16. If an emergency arises in the county that requires the response of the Emergency Squad, part or all of the personnel may have to leave. If this occurs we will notify you as soon as possible. We hope the “Clean Water Festival ” is a big success this year. If v e can be of further assistance to you, please do not hesitate to contact our office at 391-5119. Sincerely, Patrick D. McGowan Hennepin County Sheriff By: Sergeant Curtis Roberts Sheriffs Patrol Division cc: Inspector Smolley Lieutenant Lucas L4eutenant Nelson; E.Squad Hennepin County is an equal opportunity employer J • • Cioh: OF ORONO P.O. Box 66 Crystal Bay^ MN 55323 473-7357 .•Am /. I I;:'.’ License Year Date Received Fee Paid Initials garbage & REPOSE -COIjQECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Blackowiak & Son Sanitation & Rolloff Service Applicant's Name Address ^ (Street) Phone Number 472-2977 Frank Blackowiak (State) (Zip Code) Check One:Individual Partnership Corporation Number of Vehicles to be used in Orono - -7- - -- - - - -- Description of Vehicles (attached list if more); Loaded Loa>• r d year Mfgr. Gross Wt. Rear Axle Wt. Size/Yards License Number (SEE ATTACHED) General area of City served All of Orono except Ferndal^ Schedule of Collection charges/ dates (SEE ATTACHE£)^ 2500Approximate number of customers in Orono Location o£ dumping area Hennepin Energy * — ra'is complete, yoo most enclose the following: surety bond in the amount of ?1,000. Proof of insurance i" S100,000-S300,000-S50,000, and 10-day cancellation clause, ). $30.00 flat rate fee/ plus $15/truck/ and a $30.00 transfer fee (i PP_ _ _ _ _ I a.” the t and operator of the above business and I have paid all license fees and'taxes required by law. The above information is correct. Addlicant 4/17/98 Date.Applican * itv OfficialSigna^re City ^Aj/SL Date i! 1 ! 24 Apr 1998 Fri 1:42 PM Check Register City of Orono Check Number Employee Name Check Number 044263 044263 JOHNSON, MARY ANN Totals Check Number 044263 Check Number 044264 044264 GEMAR, JAMIE L. Totals Check Number 044264 Check Number 044265 044265 HASEMAN, CAROLE A, Totals Check Number 044265 Check Number 044266 044266 MOORSB, RONALD J, Totals Check Number 044266 Check Number 044267 044267 VEE, LINDA S. Totals Check Number 044267 Check Number 044269 044268 KUEHN, THOMAS M. Totals Check Number 044268 Check Number 044269 044269 OLSON. RONALD J. Totals Check Number 044269 Check Number 044270 044270 PETTIT, SANDRA K, Totals Check Number 044270 Check Number 044271 044271 ANDERSON, BRUCE L, Totals Check Number 044271 Check Date 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 Page 1 Check Amount 468.97 468.97 470.03 470.03 643.06 643.06 1,470.03 1,470.03 1,005.33 1,005.33 951.43 951.43 664.96 664.96 776.20 776.20 799.97 799.97 Xo COUNCIL MEETINQ APR 2 7 1998 CITY OF ORONO r 24 Apr 1998 Fri 1:42 PM Check Number Check Register City of Orono Employee Name Check Number 044272 044272 BOBZIEN, SUE A. Totals Check Number 044272 Check Number 044273 044273 BORIS. SCOTT W Totals Check Number 044273 Check Number 044274 044274 CARLSON, MICHAEL B Totals Check Number 044274 Check Number 044275 044275 CHESWICK. GARY B Totals Check Number 044275 Check Number 044276 044276 CORNICK, JAMES L. Totals Check Number 044276 Check Number 044277 044277 demdouski. jay c. Totals Check Number 044277 Check Number 044278 044278 ERICKSON. KURT R Totals Check Number 044276 Check Number 044279 044279 FARNIOK. CORREY L Totals Check Nunyber 044279 Check Number 044280 044260 FISCHENICH. tMi T Totals Check Number 044260 Check Date 22-Apr-98 22-Apr-98 22-Apr-90 22-Apr-98 22-Apr-98 22-Apr-90 22-Apr-98 22-Apr-98 22-Apr-90 Page 2 Check Amount 644.28 644.28 923.85 923.85 409.77 409.77 1,532.67 1,532.67 1.504.04 1.504.04 1.484.48 1.484.48 1,250.62 1,250.82 1.076.70 1.076.70 1,320.05 1,320.05 Check Number 044281 r 24 Apr 1998 Fri 1:42 PM Check Register City of Orono Check Number Employee Name Check Number 044281 044281 FOLEY, PATRICK B. Totals Check Number 044281 Check Number 044282 044282 HANSING, CAROL J, Totals Check Number 044282 Check Number 044283 044283 JOHNSON. JEFFREY D Total ' Check Number 044283 Check Number 044284 044284 JOHNSON, BRADLEY P Totals Check Number 044284 Check Number 044285 044285 KNOLLENBERQ. KRISTIN L. Totals Check Number 044285 Check A.imber 044286 044266 MCNALLY, STEVEN A, Totals Check Number 044286 Check Number 044287 044287 MCNICHOLS, DAVID L. Totals Check Number 044287 Check Number 044268 044288 MOROHCZYNSKI. JAJ^ Totals Check Number 044268 Check Number 044289 044289 PERSELL, WILLIAM R Totals Check Number 044289 Check Number 044290 Check Date 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-9B Page 3 Check Amount 41.46 41.46 332.61 332.61 560.38 560.38 1,158.97 1,158.97 632.13 632.13 1.010.39 1.010.39 1,133.03 1,133.03 1,720.45 1,720.45 371.21 371.21 ' t f 24 Apr 1998 Fri 1:42 PM Check Number Check Register City of Orono Employee Name Chech Number 044290 044290 SCHOENHOFF, JOHN B Totals Check Number 044290 Check Number 044291 044291 TOMCHECK, LAWRENCE P, Totals Check Number 044291 Check Number 044293 044293 TOMCZYK, MARK W Totals Check Number 044293 Check Number 044294 044294 FISCHER. CHRISTOPHER K, Totals Check Number 044294 Check Number 044295 041295 WITTKE, ANTHONY A, Totals Check Number 044295 Check Number 044296 044296 GAFFRON, MICHAEL P Totals Check Number 044296 Check Number 044297 044297 CAPPA. GREGORY A. Totals Check Number 044297 Check Number 044298 044298 OMAN. LYLE E TotalL Check Number 044298 Check Number 04^293 044299 VAN ZOMEREN, ELIZABETH Totals Check Number 044299 Check Date 22-Apr-99 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Mpr-98 *2-Apr-98 22-Apr-98 22-Apr-90 Page 4 Check Amount 1.193.37 1.193.37 507.57 507.57 1.235.37 1.235.37 607.84 607.04 199.29 199.29 1.^16.97 1,116.97 1.513.87 1.513.87 1.057.15 1.057.15 1.114.04 1.114.04 Check Number 044300 r 24 Apr 1998 Fri 1:42 PM Check Register City of Orono Check Nunvber Employee Name Check Number 044300 044300 VANG# RRUCE L Totals Check Number 044300 Check Number 044301 044301 WECKMAN# STEPHEN J, Totals Check Number 044301 Check Number 044302 044302 BRINKHAUS, JOHN F Totals Check Number 044302 Check Number 044303 044303 DEBAERE, DONALD L. Totals Check Number 044303 Check Number 044304 044304 GREGORY# JAMES D Totals Check Number 044304 Check Number 044305 044305 HANSEN, STEVEN C Totals Check Number 044305 Check Number 044306 044306 OBERAIGNER, SCOTT G Totals Check Number 044306 Check Number 044307 044307 OBRIEN, RANDY L, Totals Check Number 044307 Check Number 044300 044308 PAI24ER# GREGORY A Totals Check Number 044308 Check Number 044309 Chtck Dace 22-Apr-98 22-Apr-90 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 Page 5 Check Amount 976.33 976.33 40.1.6 40.56 1,055.63 1,055.63 892.55 092.55 567.54 567.54 763.10 763.10 726.15 726.15 223.84 223.es 772.35 772.35 k*TT \ rwra%‘J r 24 Apr 1998 Fri 1:42 PM Check Number Check Register City of Orono Employee Name Check Number 044309 044309 RA7HBUN, BARRY J Totals Check Number 344309 Check Nu.nber 044310 044310 SKREEN, DALE S Totals Check Number 044310 Check Number 044311 044311 DCCKEN, THOMAS W Totals Check Number 044311 Check Number 044312 044312 OAS, DANIEL 0, Totals Check Number 044312 Check Number 044313 044313 PETERSON. JACK W. Totals Check Number 044313 Check Number 044314 044311 ROSS. JOHN A. Totals C!*eck Number 044314 Check Number 044315 U44315 STEFFEIJHAGEN. RONALD B. Totals Check Number 044315 Check Number 044316 044316 YEAGER. DONALD C Totals Check Number 044316 Check Date 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-90 22-Apr-98 22-Apr-98 22-Apr-98 22-Apr-98 Page 6 Check Amount 862.53 862.53 643.89 643.89 263.39 263.39 62.52 32 52 430.05 430.05 141.70 141.70 1.054.36 1.054.36 50.68 50.68 Grand Total 42.449.91 24 Apr 1999 Fri 9:22 AM Check Number Check Number 56109 Date Name 56109 A-1 RENTAL 23-Apr-98 A-1 RENTAL Totals Check Number 56109 A-1 RENTAL Check Number 56110 56110 A.T.O.M. 27-Apr-98 A.T.O.M. Totals Check Number 56110 A.T.O.M. Check Number 56111 56111 ANCHOR PAPER 27-Apr-98 Totals Check Number ANCHOR PAPER 56111 ANCHOR P.^PER Qieck Number 56112 AT 6 T - Check Register City of Orono Transaction Amount 56.25 56.25 25.00 25.00 340.80 340.80 Page 1 Comments STREET SIGN INSTALu MEMBERSHIP 1988 PAPER 56112 27-Apr-98 Totals Check Number AT 6 T - 56112 AT & T - Check Number 56113 56113 AT t T WIRELESS SERVICES 03-Apr«98 Totals Check Number AT & T WIRELESS SERVICES 56113 AT & T WIRELESS SERVICES Check Number 56114 56114 AUGIES MOBILE CHEF 27-Apr-98 Totals Check Number AUGIES MOBILE CHEF 56114 AUGIES MOBILE CHEF Check Number 56115 56115 BCA/TRAININO 6 DEVELOPMENT 27-Apr-98 Totals Check Number BCA/TRAINING & DEVELOPMENT 56115 BCA/TRAINING & DEVELOPMENT Check NunO^er 56116 56116 BRACK. SCOTT 27-Apr-98 Totals Check Number BEACK, SCOTT 56116 BEACK. SCOTT Check Number 56117 56117 56117 BONESTROO ROSENE k ASSOC. 27-Apr-98 27-Apr-98 BONESTROO ROSENE k ASSOC. BONESTROO ROSEIIE k ASSOC. 6.33 6.33 37.01 37.01 65.04 65.04 40.00 40.00 240.00 240.00 2.601.61 1.476.75 LONG DISTANCE WECKMAN SANDWICHES FOR RESALE DRUG INTER THRU TRAFFIC GOLF BALLS ORCHARD SAN SWR WETLAND INV PYMNT 85 24 Apr 1998 Fri 9:22 AM Check Number Check Number 56117 56117 56117 56117 56117 56117 56117 Cieck Register City of Orono Page 2 Date Name 56117 BONESTROO ROSENE & ASSOC. 27-Apr-98 23-Apr-98 23-Apr-98 23-Apr-98 23-Apr-98 23-Apr-98 23-Apr-98 BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO ROSENE & ROSENE & ROSENE & ROSENE & ROSENE & ROSENE & ROSENE & ASSOC, ASSOC. ASSOC. ASSOC, ASSOC. ASSOC. ASSOC. Totals Check Number 56117 BONESTROO ROSENE & ASSOC, Check Number 56118 BUDGET PRINTING 56118 56118 56118 27-Apr-98 27-Apr-98 27-Apr-98 BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING Totals Check Number 56118 BUDGET PRINTING Check Number 56119 CERES ENVIRONMENTAL SERVICES S6119 27-Apr-98 CERES ENVIRONMENTAL SERVICES Totals Check Number Check Number 56119 CERES EM/IRONMENTAL SERVICES 56120 CHUNKS LAKESHORE AUTO 56120 56120 56120 56120 56120 56120 56120 56120 56120 56120 56120 56120 27-Apr-98 27-Apr-98 27-Apr-98 27-Apr-98 27-Apr-9& 27-Apr-98 27-Apr-98 27-Apr-98 27-Apr-98 27-Apr-98 27.Apr-98 27-Apr-98 Totals Cieck Number Check Number 56121 CITY OF DEEPHAVEN CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO 56120 CHUNKS LAKESHORE AUTO 56121 56121 56121 27-Apr-98 27-Apr-90 27-Apr-98 CITY OF DEEPHAVEN CITY OF DEEPHAVEN CITY OF DEEPHAVEN Totals Check Number 56121 CITY OF DEEPHAVEN 56122 CITY OF LONG LAKE 27-Apr-98 CITY OF LONG LAKE Totals Check Number 56122 CITY OF LONG LAKE Check Number 56122 Transaction Amount 40,156.00 90.95 30.25 707.46 469.45 30.25 3,782.01 49,344.73 3.16 87.96 156.45 247.57 15.00 15.00 70.43 31.98 31.43 72.57 61.87 121.11 44.40 206.70 31.98 72.38 174.71 239.57 1,159.13 33.20 33.20 33.20 99.60 27,329.00 27,329.00 Comments WTR PLANT REHAB-NAVARRE BYRDGE/BRKT RFP#6 BYRDGE/BRKT EASMNTS FED NLL/LLCC RFP #7 NLL/LLCC INSP FEB OCB RD TRAIL ADM-FEB FEB COUNCIL MTGS BLANK PAPER COIN ENVELOPES PLAQUES LOG DISPOSAL OIL, LUBE, TIRES 8178 OIL, LUBE ROTATE TIRES OIL, LUBE, HEAD LIGHT OIL, LUBE BRAKES #167 BLOCK HEATER #176 #181 OIL, BRAKE, LUBE #178 OIL, LUBE #176 OIL,TIRES #177 BRAKES 181 OIL CHANGE, BRAKES, TIRES WORK ZONE SAFETY WORK ZONE SAFETY WORK ZONE SAFETY 2ND QTR FIRE PROTECTION 24 Apr 1998 Fri 9;22 AM Check Number Check Number Check Register City of Orono Date Name 56122 CITY OF LONG LAKE Check Number 56123 CITYVIEW PLUMBING & HEATING 56123 27-Apr-98 CITYVIEW PLUMBING & HEATING Totals Check Number 56123 CITYVIEW PLU>SING S HEATING Check Number 56124 CMI, INC. 56124 23-Apr-98 Totals Check Number CMI, INC. 56124 CMI, INC. Check Number 56125 COLONIAL LIFE INSURANCE CO, 56125 27-Apr-98 COLONIAL LIFE INSURANCE CO Totals Check Number 56125 COLONIAL LIFE INSURANCE CO, Check Number 56126 CULLIGAN 56126 19-Feb-98 Totals Check Number CULLIGAN 56126 CULLIGATJ Check Number 56127 56127 56127 56127 CYS UNIFORMS 27-Apr-98 27-Apr-98 27-Apr-98 Totals Check Number CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS 56127 CYS UNIFORMS Check Number 56128 DAKOTA CO. TECHNICAL COLLEGE 56128 27-Apr-98 DAKOTA CO. TECHNICAL COLLEGE Totals Check Number 56128 DAKOTA CO. TECHNICAL COLLEGE 7heck Number 56129 56129 DAY DISTRIBUTING CO. 27-Apr*90 DAY DISTRIBUTING CO, Totals Check Number 56129 DAY DISTRIBUTING CO. Check Number 56130 DEPT OF PUBLIC SAFETY 56130 27-Apr-98 DEPT OF PUBLIC SAFETY Totals Check Number 56130 DEPT OF PUBLIC SAFETY 56131 DONALD SALVERDA & ASSOCIATESCheck Number 56131 27-Apr-98 DONALD SALVERDA & ASSOCIATES Transaction Amount 78.50 78.50 46.23 46.23 926.86 926.86 32.00 32.00 116.85 119.90 36.90 373 SS 80.00 80.00 56.00 56.00 510.00 510.00 722.43 Comments POLICE TOILET MOUTHPIECES COLONIAL LIFE FEBRUARY SERVICE SHIRTS & EMBLEMS UNIFORM PANTS BELT MCNICHOLS-ETHICS BEER FOR RESALE 1ST QTR CONNECT CHGS Page 3 EFFECTIVE MGMT PROG-1988 24 Apr 1998 Fri 9:22 AM Check Register City of Orono Check Kumber Date Name Check Number 56131 DONALD SALVERDA & ASSOCIATES Totals Check Number 56131 DONALD SALVERDA fc ASSOCIATES Check Number 56132 EAST SIDE BEVERAGE 56132 27-Apr-90 EAST Sir."* BEVERAGE Totals Check Number 56132 EAST SIDE BEVERAGE Check Number 56133 ELMER J. PETERSON CO. 56133 23-Apr-98 ELMER J. PETERSON CO, Totals Check Number 56133 ELMER J. PETERSON CO, Check Number 56134 FARNIOK, CORREY 56134 27-Apr-98 FARNIOK, CORREY Totals Check Number 56X34 FARNIOK, CORREY Check Number 56135 FISCHER, CHRIS 56135 27-Apr-90 FISCHER, CTiRIS T )tals Check Number 56135 FISCHER, CHRIS Check Number 56136 FROST, SHERRY R. 56136 06*May-96 FROST, SHERRY R Totals Check Number 56136 FROST, SHERRY R Check Number 56137 G & K SERVICES 56137 56137 56137 56137 56137 56137 27-Apr-98 27-Apr-98 27-Apr-98 27-Apr-90 27-Apr-90 27-Apr-90 G 6 K SERVICES G a K SERVICES G 4 K SERVICES G 4 K SERVICES G 4 K SERVICES G 4 K SERVICES Totals Check Number 56137 G 4 K SERVICES Check Number 56130 GALL'S INC. 56130 56130 56138 56138 27-Apr-90 27-Apr-90 27-Apr-98 27-Apr-90 GALL'S INC, GALL'S INC. GALL'S INC. GALL'S INC. Totals Check Number 56138 GALL'S INC. Transaction Amount 722.43 124.50 124.50 687.50 €87.50 25.27 25.27 79.90 79.90 5.93 62.55 12.15 5.93 90.61 12.15 189.32 67.99 64.72 97.98 82.97 313.65 Comments BEER FOR RASALE PUMPING - LS 01 PAINT COOLMAX SHIRTS 135.00 PARK COMMISSION 135.00 STEFFENHAGEN UNIFORMS RATHBUN STEFFENHAGEN UNIFORMS UNIFORMS Page 4 FLASHER SYSTEM VECTOR POD 4 INSERTS ST 100 WATT SPEAKER MEDI BAG, OUTLET BOX J r 24 Apr 19^a Fri 9:22 AM Check Number Check Number 56139 Check Register City of Orono Date Name 56139 GAPPA, GREG 27-Apr-98 GAPPA, GREG Totals Check Number 56139 GAPPA. GREG Check Number 56140 GRAFIX SHOPPE 56140 27-Apr-98 GRAFIX SHOPPE Totars Check Number 56140 GRAFIX SHOPPE Check Number 56141 56141 GRAND VIEW LODGE 27-Apr-98 Totals Check Number GRAND VIEW LODGE 56141 GRAND VIEW LODGE Check Number 56142 56142 HAWKINS CHEMICAL INC. 23-Apr-98 Totals Check Number HAWKINS CHEMICAL INC, 56142 HAWKINS CHEMICAL INC, Check Number 56143 56143 HENNEPIN COUNTY TREASURER 27-Apr-98 Totals Check Number HENNEPIN COUNTY TREASURER 56143 HENNEPIN COUNTY TREASURER Check Number 56144 56144 HENNEPIN COUNTY TREAS. 27-Apr-98 Totals Check Number HENNEPIN COUNTY TREAS 56144 HENT^EPIN COUNTY TREAS Check Number 56145 56145 HENNEPIN COUNTY TREASURER-GEN 27-Apr-98 Totals Check Number HENtJEPIN COUNTY TREASURER-GEN 56145 HENNEPIN COUNTY TREASURER-GEN Check Number 56146 56146 HYDRO SUPPLY CO. 23-Apr-98 Totals Check Number HYDRO SUPPLY CO 56146 HYDRO SUPPLY CO Check Number 56147 56147 IIMC 17-Apr-96 IIMC Totals Check Number 56147 IIMC Transaction Amount 104.25 104.25 231.11 231.11 470.00 470.00 267.26 267.26 55.447.50 55.447.50 33.75 33.75 137.28 137.28 3.558.00 3.55?.00 65.00 65.00 Page 5 Comments MILEAGE CSO CHANGE OVER MPHA CONFERENCE CHLORINE HC AGREE PW 52-08-96 MAILING LIST OR ORCH SWR FICHE SERVICES INTERS FOR RESALE VEE-1996 MEMBERSHIP Check Number 56149 KELLER KENNEN ASSOC, 162.10 OFFICE SUPPLIES 253.21 OFFICE SUPPLIES 281.01 OFFICE SUPPLIES 137.28 OFFICE SUPPLIES 191.66 TONER -21.06 RETURN - WRIST ] 1,004.20 24 Apr 1998 Fri 9:22 AM Check Number Date Check Number 56164 PIONE.ER 56164 27-Apr-98 56164 27-Apr-98 56164 27-Apr-98 56164 27-Apr-98 56164 27-Apr-98 56164 27-Apr-98 Check Register City of Orono Page 8 Name PIONEER PIONEER PIONEER PIONEER PIONEER PIONEER Totals Check Number 56164 PIONEER Check Number 56165 POWER SYSTEMS 56165 27-Apr-98 POWER SYSTEMS Totals Check Number 56165 POWER SYSTEMS Check Number 56166 POWERCLEAN COMPANY INC. 56166 23-Apr-98 POWERCLEAN COMPANY INC, Totals Check Number 56166 POWERCLEAN COMPANY INC. Check Number 56167 R & T SPECIALTY INC. 56167 27-Apr-98 R i T SPECIALTY INC. Totals Check Number 56167 R 6 T SPECIALTY INC. Check Number 56168 R.C. ELECTRIC, INC 56168 23-Apr-98 R.C. ELECTRIC, INC Totals Check Number 56168 R.C. ELECTRIC, INC Check Number 56169 REED VENDING 56169 27-Apr-98 REED VENDING Totals Check Number 56169 REED VENDING Check Number 56170 RITZ CAMERA 56170 56170 27-Apr-98 27-Apr-98 RITZ CAMERA RITZ CAMERA Totals Check Number 56170 RITZ CAMERA Check Number 56171 ROLF ERICKSON ENTERPRISES 56171 10-Apr-96 ROLF ERICKSON ENTERPRISES Totals Check Number 56171 ROLF ERICKSON ENTERPRISES Check Number 56172 SIFYDER DRUG STORES Transaction Amount 300.49 4,700.00 4,700.00 19.68 10.95 30.63 Comments HRA 30ND BIDS NOTICE OF MEETING CODE REVISIONS SCT 11.62 ZONING CODE 10.03 BIDS - LAWN MOWING APLLICATION 2339 SANDER MOTOR PARTS CARPET CLEANING PW DARE SUPPLIES PUMP STATION/REST AREA 52.20 PHOTOS PHOTOS MAY ASSESSING FEE r L 24 Apr 1998 Pri 9:22 AM Check Register City of Orono Check Number Date Name Check Number 56172 56172 56172 56172 56172 SNYDER DRUG STORES 27-Apr-90 SNYDER DRUG STORES 27-Apr-98 SNYDER DRUG STORES 27-Apr-90 SNYDER DRUG STORES 27-Apr-98 SNYDER DRUG STORES Totals Check Number 56172 SNYDER DRUG STORES Check Number 56173 SRF CONSULTING GROUP INC. 56173 27-Apr-90 SRF CONSULTING GROUP INC. Totals Check Number 56173 SRF CONSULTING GROUP INC. Check Number 56174 STATE OP MINNESOTA 56174 23-Apr-98 STATE OF MINNESOTA Totals Check Number 56174 STATE OF MINNESOTA Check Number 56175 STREICHERS 56175 56175 56175 56175 23-Apr-98 23-Apr-98 23-Apr-98 27-Apr-98 STREICHERS STREICHERS STREICHERS STREICHERS Totals Check Number 56175 STREICHERS Check Number 56176 STS CONSULTANTS LTD. 56176 27-Apr-98 STS CONSULTANTS LTD Totals Check Number 56176 STS CONSULTANTS LTD Check Number 56177 THORPE DIST CO. 56177 27-Apr-98 THORPE DIST CO. Totals Check Number 56177 THORPE DIST CO. Check Number 56178 TOLL GAS I. WELDING SUPPLY 56178 23-Apr-98 TOLL GAS L WELDING SUPPLY Totals Check Number 56178 TOLL GAS k WELDI.SG SUPPLY Check Number 56179 UNIFORMS UNLIMITED 56179 56179 56179 27-Apr-90 27-Apr-90 27-Apr-98 UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMiS UNLIMITED Totals Check Number 56179 UNIFORMS UNLIMITED Transaction Amount 33.86 21.58 30.30 4.14 89.88 937.89 937.89 160.00 160.00 64.70 63.79 31.84 21.77 182.10 2.843.00 2.843.00 117.00 117.00 47.93 47.93 85.32 49.45 71.22 205.99 Page 9 Comments BATTERIES PLATES. UTENSILS BATTERIES PHOTOS TH 12 PAHSE II-TRFC MODEL STATE REGISTER SUBSCRIPTI MACE & HOLDERS BATTERY MACE & HOLDER LENS - AMBER SOIL BORINGS-1998 SWR PRO BEER FOR RESALE WHEEL SHIRT - ANDERSON RAINCOAT - CHESWICK PANTS - HULSE r 24 Apr 1998 Fri 9:22 AM Check Number Check Number 56180 Check Register City of Orono Page 10 Date Name 56100 t^IV OF MINNESOTA 27-Apr-98 UNIV OF MINNESOTA Totals Check Number 56180 UNIV OF MINJ^SOTA Check Number 56181 UNL CENTER FOR LEADERSHIP DEV 56181 27-Apr-98 UNL CENTER FOR LEADERSHIP DEV Totals Check Number 56181 UNL CENTER FOR LEADERSHIP DEV Check Number 56182 UNUM LIFE INSURANCE - LIFE Check Number 56184 56184 56184 56184 US WEST COMMUNICATIONS 22-Jan-98 22-Jan-98 22-Jan-98 US WEST COMMUNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS Totals Check Number 56184 US WEST COMMUNICATIONS Check Number 56185 VERMEER OF MINNESOTA 56185 27-Apr-98 VERMEER OF MINNESOTA Totals Check Number 56185 VERMEER OP MINNESOTA Check Number 56186 VESSCO INC. 56186 23-Apr-98 VESSCO INC. Totals Check Number 56186 VESSCO INC. Check Number 56187 WALDOR PUMP 56187 27-Apr-98 WALDOR PUMP Totals Check Number 56187 WALDOR PUMP Transaction Amount 105.00 105.00 78.00 78.00 45.94 88.75 41.43 176.12 55.08 55.08 240.32 240.32 2,574.65 2,574.65 Comments MPWA SPRING CONF - GAPPA DEALING WITH UPSET CITIZ 56182 02-Apr-96 UNUM LIFE INSURANCE -LIFE 0.70 APRIL INSURANCE 56182 02-Apr-96 UNUM LIFE INSURANCE -LIFE 12.34 APRIL INSURANCE 56182 02-Apr-96 UNUM LIFE INSURANCE -LIFE 5.29 APRIL INSURANCE 56182 02-Apr-96 UNUM LIFE INSURANCE -LIFE 366.45 APRIL INSURANCE Totals Check Number 56182 UNUM LIFE INSURANCE -LIFE 384.78 Check Number 56183 UNUM LIFE INSURANCE - AD & D 56183 12-May-97 UNUM LIFE INSURANCE .AD k D 0.15 APRIL INSURANCE 56183 12-May-97 UNUM LIFE INSURANCE -AD k D 2.64 APRIL INSURANCE 56183 12-May-97 UNUM LIFE INSURANCE -AD fii D 1.13 APRIL INSURANCE 56183 12-May-97 UNUM LIFE INSURANCE -AD k D 78.55 APRIL INSURANCE Totals Check Number 56183 UNUM LIFE INSURANCE AD k D 82.47 AD 4 D AD 8 D AD & D AD fit D DECEMBER DECEMBER DECEMBER SOIL PROBES MAINTENANCE KIT LS 25 - aiECK VALVE & GAT r 24 Apr 1998 Fri 9:22 AM Check Register City of Orono Page 11 Check Number Date Name Transaction Amount Comments Check Number 56188 56188 WARNING LITES OF MN 23-Apr-98 WARNING LITES OF MN Totals Check Number 56180 WARNING LITES OF MN 108.95 108.95 BARRICADES Grand Total 221,053.55 I . ,IA«. 22 Apr 1990 Wed 9:09 AM Check Register City of Orono Check Number Date Name Check Number 56094 56094 CITY COUNTY CREDIT UNION 22-Apr-98 CITY COUNTY CREDIT UNION Totals Check Number 56094 CITY COUfJTY CREDIT UNION Check Number 56095 FIRST NATIONAL BANK OF LAKES 56095 56095 56095 22-Apr-98 22-Apr-98 22-Apr-98 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 56095 FIRST NATIONAL BANK OF LAKES Check Number 56096 GREAT WEST LIFE ASSURANCE CO. 56096 22-Apr-98 GREAT WEST LIFE ASSURANCE CO Totals Check Number 56096 GREAT WEST LIFE ASSURANCE CO, Check Number 56097 56097 HENNEPIN CO. SUPPORT & COLL 22-Apr-98 HENNEPIN CO. SUPPORT & COLL Totals Check Number 56097 HENNEPIN CO. SUPPORT & COLL Check Number 56098 HENNEPIN COUNTY SUPPORT & COLL 56098 22-Apr-90 HENNEPIN COUNTY SUPPORT & COLL Totals Check Number 56090 HENNEPIN COUNTY SUPPORT fit COLL Check Number 56099 ICMA RETIREMENT TRUST - 457 56099 22-Apr-93 ICMA RETIREMErrr TRUST - 457 Totals Check Number 56099 ICMA RETIREMENT TRUST - 457 Check Number 56100 LAW ENFORCMENT LABOR SERVICE 56100 22-Apr-90 LAW ENFORCMEJrr LABOR SERVICE Totals Check Number 56100 LAW ENFORCMENT LABOR SERVICE Check Number 56101 MN DEPT OF REVENUE 56101 22-Apr-90 MN DEPT OF REVENUE Totals Check Number 56101 MN DEPT OF REVENUE Check Number 56102 MN MUTUAL LIFE 56102 22-Apr-90 MN MUTUAL LIFE Totals Check Number 56102 MN MUTUAL LIFE Transaction Amount 5,604.00 5,604.00 3,422.30 3,422.30 7,990.69 14,835.45 1,149.68 1,149.68 0.00 0.00 104.50 184.50 225.00 225.00 214.50 214.50 3,410.70 3,410.70 455.30 455.30 Page 1 Comments SAVINGS W/H fit TRANSFERRED FICA fit MEDICARE W/H FiCA,MP’- :r city share FEDER' . WITH rOLOING DEFERRED COMP W/H THOMTON 0CO26670O/MED LV SKREEN #C0262310 DEFERRED COMP W/H UNION DUES WK STATE TAX W/H DEFERRED COMP W/H r 22 Apr 1998 Wed 9:09 AM Check Register City of Orono Check Number Check Number Check Number 56103 Date Name 56102 MN MUTUAL LIFE 56103 MN STATE RETIREMENT-DEF COMP 22-Apr-98 MN STATE RETIREMENT-DEF COMP Totals Check Numbe.r 56103 MN STATE RETIREMENT-DEF COMP Check Number 56104 PEBSCO/OBRA 56104 22-Apr-98 PEBSCO/OBRA Totals Check Number 56104 PEBSCO/OBRA Check Number 56105 PEBSCO/US CONF OF MAYORS 56105 22-Apr-98 PEBSCO/US CONF OP MAYORS Totals Check Number 56105 PEBSCO/US CONF OF MAYORS Check Number 56106 PERA 56106 56106 22-Apr-98 22-Apr-98 PERA PERA Totals Check Number 5S106 PERA Check Number 56107 UNITED WAY 56107 22-Apr-98 UNITED WAY Totals Check Number 56107 UNITED WAY Grand Total Transaction Amount 265.00 265.00 116.42 116.42 1,887.65 1,887.65 4,465.21 5,916.89 10,382.10 30.00 30.00 38,760.30 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/K USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H 8 Apr 1998 Wed 9:27 AH Check Number Check Register City of Ui.ono Employee Name Check Number 044255 044255 PETERSON, BARBARA A. Totals Check Number 044255 Check Number 044256 044256 MOORSE, RONALD J, Totals Check Number 044256 Check Number 044257 044257 FLINT, RICHARD Totals Check Number 044257 Check Number 044258 044258 GOETTEN, J. DIANN Totals Check Number 944258 Check Number 044259 044259 JABBOUR, GABRIEL E Totals Check Number 044259 Check Number 044260 Check Date 13-Apr-98 13-Apr-98 13-Apr-98 13-Apr-98 13-Apr-98 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 269.36 269.36 323.22 323.22 044260 KELLEY, CHARLES Totals Check Number 044260 13-Apr-98 269.36 269.36 Grand Total 1,585.36 r v^UUiSw L »vitw I li>40 APR 2 T 1998- OTYOFORONO INFORMATION ITEMS COUNCIL MEETING APR 2 7 1998 cmroFORONo OF .4 DATE: TO: FROM: SUBJECT: City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax: (612) 473-0510 memorandum April 16, 1998 Mayor Jabbour and City Council Members Chair Smith and Planning Commission Members Liz Van Zomeren, City Planner/Zoning Administrator #2290, Steve and Elaine Silus 3235 Casco Circle Conditional Use Permit COUNCIL MLSTINO APR 2 7 J993 CilY OF ORONO r APR 1 4 \m CJlYUrUnCivO April 10, 1998 Liz Van Zomeren City of Orono 2750 Kelley Parkway Orono, MN 55356 Liz, Please regard this letter as COUNCIL MEETING Mayor Jabbour and Council Members ^ ^ ^998 Ron Moorse, City Administrator CITY OF ORONO Michael P. Gaftron, Senior Planning Coordinator £\ April 22, 1998 ^ Subject: Wetland Credit in Sewered Areas Staff provide background on the current Code standards regarding use of vetl^ds as creduable lot area for sewered properties. l*his credit has come into playin a ^ely all number of past zoning applications, two very recent ones (Brook Park Realty and libs Bn;?’ “ the City has allowed wetland to be credited toward e lot area for meeting minimum lot area and/or density requirements. This credit has been applied to new subdivisions as well as to e.xisting lots of record. ^ Solving the Immediate Issue ^e immediate issue identified by staff and Council is that properties in the newly sewered ( since 80) portions of the z-acre zone might want to claim the wetland credit for density purpose For e.xamp e. a now-seuered 4 acre lot with 3 acres dry and 1 acre wet, which under the no^acre zone standards would not be subdividable, could now claim eligibility for a 1-acre wetland credit and propose a subdivision to create two lots, each with 1-1/2 acre of dry and 1/2 acre of wetland IS was not the Council's intent when providing sewer to the 2-acre zone to solve septic problems. [^mnKdiat^ gplutipn is to simply limit the vyetland credit to properties in the 1/2 and 1 ^nn^c ^er th9p limiting it tp ,sgwered pro pgrties. This can be done through a simple revision of the Background Informatinn List of Exhibits A - Subdivision Code: Definitions of ”Dr>' Buildable Land" and "Minimum Lot Area" B - Subdtviston Code: Section 11.31, Subd. 3 "Lot Area, Minimum" - Zoning Code: Floodplain and Wetlands Management: Section 10.55, Subd. 15: "Land Deve.,opment and Platting: A. Minimum Lot Area Requirements" ecticn 10.55: Definitions of "Flood Fringe", "Floodplain" and "Floodway"; and Dfstrk't'"“ "Flood Fringe District" and "General Floodplain E - Zoning Code: Definition of "Lot Area" F - Sections 31.840 and 31.841 of 1970 Wetland Ordinance #125 / wkland I^rehit April 22, 1998 Page 2 I..9 A Authorizing Code Section The currem authority for granting wetland credit is in the Floodplain and Wetlands Managernent ordinance, adopted as Ordinance #213 in 1979 (Exhibit Ch such a credit is found in Orono’s 1970 wetland ordinance, Ordinance #125 (Exhibit F). A review of Council and Planning Commission minutes from 1970 provides no clues as to ^ reason the credit was established. However, the Comprehensive Plan in the CMP 4*28 under the heading "Rural Land Use" states in part that "Orono s rural residential ^ens y will not be’increased to less than one dwelling per two dry-buildable acres because of the potentially adverse environmental impact and because of the increased need for costly urban services. T crediting of wetland acreage toward the 2-acre dry buildable standard would appear to be m conflict with this Comprehensive Plan statement. Wetland Credit Limitations The primary limitations on the use of the wetland credit are in Section 10.55, Subd. 15 (A)(3), which limits the credit as follows; limited to 'residential properties served by municipal sanitary sewer limits it to credit for Flood Fringe lands, which include; , . ,, a The area between the OHWL and the 1 00-year flood elevation on all lakes, ponds and streams (for Lake Minnetonka the flood fringe would be all areas between the 929.4' and 931 .5' contours); and b. All designated sheet flow areas, intermittent streams, and ponding areas; and , c. All lands containing soil types classified as wetlands soils, whether or not there is water standing on them at any given time. credited area may be used as part of the required minimum lot area for purposes of complying with the land use density, open space, building-umt-to-land-area ratios or similar requirements of the land development and zoning code provisions CP '.ble Flood Fringe area shall not exceed the area of land which 'otherwise qualified for development' (i.e. if site has 3/4 acre of dry buildable, can on y t e credit for 3/4 acre of wetland) granting of credit conditioned on dedication of the appropriate Conservation and Flowage or Open Space easements over the areas used tor credit. Wetland Credit April 22, 1998 Page 3 It should be noted that we have historically credited the Flood Fringe area between the 929,4' and 931.5' for lakeshore lots on Lake Minnetonka, perhaps without acknowledging this credit specifically. Also, Section 10,55 Subd. 15 (A)(2) allows the minimum area of a lot to be 'divided' by Flood Fringe land, i.e. to have non-contiguous pieces of buildable land separated by a Flood Fringe area, as long as the proposed building site has at least 1/2 acre of contiguous otherwise buildable land and has legal access to the building site without encroaching the Flood Fringe lands. For example, in a 1- acre zone, 0.6 acres of dry land on one side of a stream or wetland and 0.4 acres on the other side, could constitute a legal lot if the 0.6 acre side is the building site and has legal access. This example begs the following question; Q. If an existing 1/2 acre lot in a 1/2 acre sewered zone has sewer available and consists of 1/4 acre of dry buildable and 1/4 acre of wetland, and the dry buildable is contiguous (say the wetland is in the middle with dry land all around it)... does this lot meet the 1/2 acre area requirement? A. With the current zoning code wording. I think it probably does. However, staff has long perceived that the intent of the code w'as that even with Flood Fringe credit, the area of actual dry buildable must not fall below 1/2 acre for a conforming lot. This is because the Subdivision Code definition of Minimum Lot Area (Exhibit B) states that: "In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas 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 easements, surface areas below the OHIV of any surface water wetlands or areas at or below the floodplain elevation for a specific property) and ha\ e legal access to the building site w ithout er.croachment of a w etland or floodplain area". This wording points out a conflict noted below, but also suggests that any lots being created via subdivision could not have less than a half-acre of dry buildable. Conflict Behveen Code Sections The subdivision code. Section 11.31, Subd. 3 "Lot Area, Minimum" states distinctly that "surface areas below the OHIV ofany surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements". This conflicts with the wording in 10.55 w'hich defines the entire area of a wetland as Flood Fringe, not just the portion of it below its OHW elevation. The City has not previously defined the OHW of its wetlands, and the wording suggests Wetland Credit April 22,1998 Page 4 that only the Flood Fringe portion of the wetlands is creditable, i.e. the area between its OHW and its 100-year flood elevation. Staff has always treated the entire area of a wetland as its creditable area when using this section of code, rather than just the donut-shaped border area between the OHW and 100-year flood elevation. In fact the 100-year flood elevation around a wetland might in some cases include lands that are dry buildable in every other definition of the word, due to surrounding topography... As an aside, it is difficult to understand the connection between wetland credit and availability of sewer. If one acre of wetland and one acre of dry land in a 1-acre zone can constitute two building sites, why shouldn't two acres of wetland and two acres of dry land in a 2-acre zone constitute two building sites? If the goal is to ensure that septic needs are met, isn't that goal satisfied by merely requiring that two drainfield sites be provided? If the goal is to preserve more open space in the defined rural zones (2-acre and 5-acre), then simply limit the credit to the 1/2-acre and 1-acre zones. r A ^Sgc-r7£)jo //• 03^ 14. "Dry Buildable Land" - Land area occurring within the property lines of a parcel or lot, excluding: drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18% or greater. 24. "Lot Area, Minimum" - Each lot shall contain the minimum area required 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 buildable 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. B : /-o'rAri^eA Sr^6/»C£> tequlrements'^f'or^ach''rrop^”ed' 1°^'as”pr4scr?bld private rights-of-way, or vehicular or surface ISrface areas below the ordinary high-water mark to water or wetlands or flood plain areas may not be used in order t meet any portion of the minimum lot area requirements. J r * A A&^vvK^-r Cl ^S£rcr7o^ *s:t/ie£>, Subd. 15. Land Development and Platting. No part of any lot within the Flood Plain and Wetlands Conservation Area shall be platted for residential occupancy or for other uses which will increase the danger to health, life, property or the public lots containing land within the flood plain districts shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the Flood Plain and Wetlanc . Conservation Area is located within or adjoins a land area that is being subdivided, the subdivider shall dedicate to the City an adequate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes expressed in this Section and other recreational uses, as determined by the Council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approved by the City, and such structures shall be designed so as not to restrict the flow of water. Subdivision applicants shall provide all certified engineering data, surveys, site plans, flowage calculations and other information as the City may require in order to determine the effects of such development on the affected land and water areas. A. Minimum Lot Area Requirements. The minimum lot area requirements of this Chapter shall be interpreted to mean that all of the required land area for each building site shall be in one contiguous parcel undivided by Floodway or Flood Fringe and no land within the protected area shall be included in determination of minimum lot area, except as specifically provided for herein: 1. For properties not served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe lands provided at least 2.0 acres of land not within the protected area is included in one contiguous parcel and legal access is 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 divided by Flood Fringe lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. 3. For residential properties served by municipal sanitary sewer, a limited density credit may be allowed for inclusion of Flood Fringe lands as part of the required minimum lot area for purposes of complying with the land use density, open space, building unit to land area ratios or other similar requirements of the land development and zoning provisions. The owner or developer of such property will be credited with an amount of his land within the Flood Fringe equal to, but not exceeding, the amount of his adjacent land which otherwise qualified for development under this Chapter. Such credit shall be conditioned upon dedication of perpetual open space and flowage easements to the City over all protected areas so utilized for density credit. Ce>b»^ ; pLoo't^uH4 p\AA^fi(<s\S'i>^y^y- S ^ ^>TF/Ajjr7o/v»S AA)C> Ci;ST7MC-rs^ 3. "Flood Fringe" - That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study. 4. "Flood Plain" - The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. those portions of the^°adTo/n'ino''floS^ola^ required to carry and dSrg7the°?eqion\\""f """ reasonably Definition and Establishment of Protected Areas, The Flood Plain and Wetlands Conservation Area", hereinafter referred to as the protected area, is defined and established to be the low areas and flood plain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow. These areas are divided into the following three protected area districts: A. Floodway District (FW) -The Floodway District shall include those areas designated as floodway in the Flood including without limitation the surface and shoreline of Lake Minnetonka below elevation 929.4 MSL, the surface and shoreline of other lakes, ponds and wetlands below the ordinary highwater elevation, and the designated floodway of all streams and flowage areas. B. Flood Fringe District (FFD) - The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study, including without limitation the shoreline of Lake Minnetonka between elevations 929.4 MSL and 931.5 MSL, the 3^sa between the floodway and the edge of the 100-year flood on all other lakes, ponds and streams, all designated sheet flow areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetlands soils (defined herein), whether or not there is water standing on those soils at any given time. . C* General Flood Plain District (GFP) - The General Flood Plain District shall include those areas studied by approximate methods and designated as unnumbered A Zones by the Flood Insurance Rate Map. GFP areas may include both Flood Way and Fiood Fringe areas. Development of lands containing designated GFP areas shall be contingent upon submittal by the developer of topographic data (at contour intervals of no greater than two feet) and/or other engineering analysis sufficient for the City to determine the actual extent of the Flood Way and/or the Flood Fringe. Upon such determination, the restrictions of the FW and FFD Districts shall apply. r F I 34. "Lot Area" - The area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or river or area frequently under water which serves as a watercourse draining higher land on which sustains emergent aquatic growth or area which has been dedicated as public right-of-way. ; I 4 I I 1^70 iMer/Af^^s {^^eyU>T^ j^el><K7AJt, VO iAJtPTtVot^ f “31.840. Land Dsvelooment and Platting. No part of any lot v;ithin the Flood Plain and Wetlands conservation Area shall be platted for residential occupancy or for other uses v/hich will increase the danger to health, life, property or the public wel-^ fare. VJhenever a portion of the Flood Plain and weu- lands Conservation Area is located v/ithin or adjoins a land area that is being subdivided, the subdivider shall dedicate an adequate easement over the land V7ithin the protected area and along each side of ^ such area for the purpose of improving or protecting- the area for drainage or other purposes expressed in this ordinance and other recreational uses. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approved by the Village, and sdc.i structures shall be designed so as not to restrict. , the flov; of water. “31.841. Limited Credit Allov^ed. VJhen be developed is connected to a public sanitary s.ewer line and includes land v?ithin the Flood Plain and Wetlands Conservation Area, the ov;ner or developer thereof will be credited vritli an amount of his land within the Flood Plain and V7etlands Conservation Area eoual to but not exceeding the amount of his adjacent I'and v;hich otherwise qualifies for development under these ordinances for purposes of complying with the land use density, open space, building unit to land area ratios or other similar requirements of the land developm.ent and zoning ordinances of the Village exceot for requirements for recreational uses. r To: Ron Moorse ( , :j'^i.. =Ti ^ For: Mayor and City Council Re: Jim Murphy & Sandy Smith Barn and Horses 30 Orono APR 2 I 1998 Dear Ron: An issue has been brought to our attention regarding horses and a barn in our neighborhood. As an Orono resident and neighbor our opinion is it has not been a negative, but rather a positive having the barn and horses. The barn and corrall fit well in the Orono environment. It Is always clean and well kept. Our children like to go and feed Mr. Murphy and Ms. Smith’s horses carrots, apples and grass. We would be saddened to see the Council decide to do anything to prohibit the barn and horses to exist. _ / Sincerely, lark, Bev Billy Jennev , l4tie & : T7ra«.’rvn j. A ttorneys ft C ounselors John IVI. B aker D irect D ial No. (612) 373-8344 April 24, 1998 To MPRS Litigation Participants; Re: S • ‘ :: 7 ? * w, Christopher Fields, et ai. v. MPRS Appellate Case No.: Cl-97-517 Our File No.: 2043-152 Dear Participants: Supreme has declined to review the Minnesota Court of Appeals' ■ ^ decision in this case. The plaintiffs had requested the Supreme Court to review the decision tor the purpose of reinstating the injunctions and civil penalties We argued that the Supreme Court should not review the case (but that, if review of S^ffsT" awarded to the This order should bring to a close the appeal phase of this case For that reason, our firm s involvement ends as well. The Court of Appeals directed Judoe c?arrVV"'““'"'V'’K'''f"9'’* *h®i^ d®feats on appeal T “ Kennedy and Graven firm, who handled all previous proceedings before Judge Solem in this case, will be handling that question as well. nacf aoll^f Q™ene and I appreciated the opportunity to represent the MPRS and its past and former members involved in this suit. Cliff is currentiv nn a taarau- sabbatical that ends July 1 . but in his absence I will b^py re7nswerTnv you may have regarding this appeal. ^ Charlie L. LeFevere, Esq. Doug Gronli Peter Tritz Tom Grundhoefer 333 SOUTH 7TM Street / Suite 1700 / Minneapolis . Mn S5402 6 12-373.0830 /FAX 61 2-373-0929 /e-mail DIR*CR-ESPEL mspmu B COM Professional Limited Liability Partnership I« • April 23, 1998 C I T ^ OF LONG LAKE A?P. 2 7 i"' Paul Robinson City of Medina 2052 County Road 24 Hamel, MN 65340 Ron Moorse City of Orono P.O. Box 66 Crystal Bay, MN 55323 Gentlemen: Enclosed is a copy of a spread sheet showing the cost estimate for fire protection services based upon several different factors. In our first Fire Committee Meeting of 1998 it was suggested that the City of Long Lake take a look at a breakdown of the fire community service cost based upon several factors. As you can see, the various categories chosen are: population, number of hours of calls (both a one year and 3 year total). Assessed Market Value and an average of the three categories. The numbers indicate that the cost for each community fluctuates greatly depending on the category. I believe the consensus of the group before the end of the meeting was the continuation of the use of Assessed Market Value and 3 year average calls as the basis for the determination of the costs. We would like to meet again on Monday, May 11, 1998 at 3:30 p.m. In the Council Chambers at Long Lake City Hall for another Fire Committee Meeting. Please contact your respective Fire Committee members to determine if this is an acceptable date and time. The Fire Department would like to wrap up issues from the previous meeting and address the 1999 budget. If you have any questions, please give me a call. Sincerely, Jo^h P. Lynch City Administrator cc: M. Brown, J. Cox, M. Bash, D. Sawyer LLFD File 1964 Park Avenue • l.ong Lake. MinncNt)ta 55356 • 612-473-6961 612-476-9622 (fa.x) LONG LAKEFIRE DEPARTMENT CONTRACT BREAKDOWN METHOD ORONO %LL %MEDINA % POP.6418 3750 58.43%1941 30.24%727 11.33% {Budget 1 156501■i $914431 ■$47,331 ■]$17,728) CALLS 3 YEAR 10998 67i:ii 3523 32.03%749 6.81% 1 YEAR 3997 2522 1^.10% 62.13% 1233 30.85% 31.44% 242 6.05% 6.43% ■Budget |156501 1 i $97,229)■$49,205)1 $10,067) AMV 637.16 468.75 73.57%110.42 17.33% 57.99 9.10% ■Budget |156501■■ $115,1361 1 $27,1 22{]$14,244{ AVERAGE 64.71%26.34%8.95% ■Budget ■156501 ■■ $101,269{1 $41,219r ■$14,01 3{ Current 156501 ■ $109,316{69.85%)$34,023)21.74%)$13,162{8.41% 4/21/98 Page 1 a ^ch 13, 1998 Attn: Mayor and City Council of Orono Dear Mayor and City Council, they I an. asking for a ™iing ,o discondnue the use of this At the very leas, if ,he s • n not be replaced or use be“n,i„u‘:Jt“Xu^Z'"’'’ “ •'>ny should the Fact: The lo, is no, large enough for,wo horses. ,‘ii ll_ ! ’CITY OF ORONOm- T-® 6124730510 04/23/98 09:23 (3 :02/02 NO:344 *.‘j ■ % ti s* •> ' .. „ • I • .* ‘-‘.V :i, *f'•*V t.'-' 1 • *‘.*. .\ 'U • • • * S/!’ ""A n,r, ,f U/U Mk °«*«b»r 2$, lift WMlttnd «•' 30 o,,„, o,c„d »d.d, or,,, Xr. IftMluMi t)i«t 3« orlttan in JA‘y?^ .WViV, *•*“••*'«-il:ono tw® Si' ®"« «ere si^t b« ordl,,„"“"*Vlad'i; •«« •diltlM:? 1" «• «r,*? ••30;?raiing. lov lylna liSiS."** *»««•. FImm SSf® ‘M. ^tt,*r! •«3c, id ^tional q itjtloiti on 9 I^Xne#r«iy, 8ulidiii« £•^AM/tin Enclosure k. f I I • fI [. I? ^^'•UC WORM - 47).7.u<t tr