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HomeMy WebLinkAbout08-24-1998 Council PacketAUG 2 4 1998 cmroFCRONO AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 24,1998,7:00 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. COUNCIL MEETINQ ROLL CALL CONSENT AGENDA 1.Approve/Amend 7:00 p.m. Public Hearing 2.Emergency Warning Sirens, Conditional Use Permit - Resolution APPROVAL OF MINUTES *3. Regular Meeting of A-.ifjust 10, 1998 PARK COMMISSION COMMENTS - Andrew McDermott, Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Sandy Smith, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT *4. #2370 Gary O’Keefe, 1392 Baldur Park Road - Variances/Conditional Use Permit - Revised Resolution 5.#2390 David Rahn, 1385 Rest Point Road - Variance - Resolution 6.#2391 Evan Anderson, 1260 Spruce Place - Variance - Resolution 7.#2398 Wayzata Country Club, 200 Wayzata Boulevard • Conditional Use Permit/Land Alteration • Resolution 8.#2402 Glenn Sauer, 4104 Highwood Road - Variance - Resolution 9.#2404 Otten Brothers Nursery, 2350 Wayzata Boulevard - Commercial Site Plan Review 10.#2407 Lane and Kelly Moore, 3438 Livingston Avenue • Variances - Resolution 11 .#2409 Gedney and Emily Tuttle, 1 225 Shoreline Drive - Variance - Resolution 12.Interim Use Ordinance - Adoption 13.Spring Hill Golf Club - Request for Holding Tank MAYOR/COUNCIL REPORT ENGINEER REPORT 14.Order Preparation of a Feasibility Report for Orono Orchards Sanitary Sewer Project - Resolution 15.Schedule Public Hearing for Orono Orchards Sanitary Sewer Project - Resolution r 22. Request to Receive Advanced State Aid FunLg - ReLtafo^'’ ' CITY ADMINISTRATOR’S REPORT 23. Designation of MCWD Liaison 24. Appointment of 1998 Primary Election Judges - Resolution 26 p Hennepin County for City Assessing Services ■ ScLe' Session Regarding Revisions to the Industrial 27. Police Bicycle Purchase CITY ATTORNEY'S REPORT 28. LICENSES 29. BILLS UPCOi\nNG ISSUES AND EVENTS I22S 09/08 ’ Meeting, 7; 15 p m. 09m ■ eftv rv''" O'"'”- P ">- 09/14 - CitJ OfficS o ’*" r"' ''“""S-' -00 p m. - 3:00 p.m. 09/14 - CoLil Meeri^^"7^0 p r"‘“ - PRIM a R v ElIc TION^, 7:00 a.m. - 8:00 p.m. M^l - Planning Commission Meeting, 6:30 p m. uy/28 - Council Meeting, 7:00 p.m. r Public A ttendance Mebiino D ate 5^- ,3 9^ □ C ouncil Planning C ommission Park C ommission Other ISVMQUESIEDaELOWfEOkiOro'CnTl^ NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER l._Ui,LiU^ • • 2._ 3.^ • 4._0 \vv\ lAiKi 3S~lio J.UV/ fl/tC€?A,4.Wr 5._E/uuiU I uJ}M^ 1 Oi-^ ^Ai>u£u^ 1)a • 6._£i^. 7.^/Lou QQiA^ 1 1 f UjL&j.d. 9^<^j// c "j A<r ‘ ! 9._• io._• 11*- • • 12. 13. 14._• 15._ • Q9129SA ■ t«aaiiia«a j r ............. trill I ( . COUNCIL MEETING AUG 2 4 1998 REQUEST FOR COUNCIL ACTION CriYCFORONO DATE: August 20,1 998 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description; Emergency Warning Sirens - Public Hearing of U,e CUP by Urc Plannmg Commission, and holding the public hearing at the Augustmeeting. COUNCIL ACTION REQUESTED- sirens r Emergency Siren Coverage Area Based on Siren Decibel Level Major Roads and Highways Municipal Boundaries r r 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 COUNCIL MEETING AUG 2 4 1998 r ITV Ti.: ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten and Charles Kelley. Council Member Richard Flint arrived at 7:13 p.m. Council Member Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Director of Public Services Greg Gappa, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Items 8, 9 and 10 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. (#2) NAVARRE WATER TREATMENT PLANT REHABILITATION A. ASSESSMENT HEARING 7:05 P.M. -7:18 P.M. Mayor Jabbour explained the need for rehabilitation of the Navarre Water Treatment plant. A public hearing was held last fall to recei\e input from the residents and answer questions regarding the proposed rehabilitation project. Residents were supportive of the project and the project has moved forward. Tom Roshar of Bonestroo Engineers reviewed the project noting the following points: • Water quality at the Navarre plant currently meets all EPA primary drinking water standards. • Some discoloration can be caused by iron (red) and manganese (black) found in the water. . Diagrams of how the water plant operates, a filtering system and softening unit were presented. • Planned improvements were listed including the overhaul of electrical and mechanical components. - “ i ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (#2) NAVARRE WATER TREATMENT PLANT REHABILITATION - ASSESSMENT HEARING - continued • The proposed project schedule was discussed, with construction to be complete by May 15,1999. • Financing of the project totaling $764,000 will be from three sources: 1 ) Assessments = $290,500 $350.00 per residential unit with a maximum of 5 units per commercial property 2) Cash Reserves from the Water Fund = $200,000 3) Internal Loan Building Fund = $273,500 • A map of the assessment area was also projected. Mayor Jabbour noted that currently the plant is manually regenerated to treat water, which causes inconsistencies in softened water. In the new plant, water would be automatically treated according to water usage. Public Comments Kevin Rodewald, 2293 Shadywood Road, asked how many units were included in the project. Mayor Jabbour responded there were 830 units with commercial properties paying up to 5 units. Tammy Liljenquist, 3525 Lyric Avenue questioned how funds were used from water fee payments. Mayor Jabbour explained that the payments are used toward water plant maintenance, but the water binds are not sufficient to cover the maintenance costs. Kelley added that the $2*''O,000 from Cash Reserves that will be used for the project is from the w’ater fee payments. TTie City is also gradually increasing the water rates to cover the costs of water plant maintenance. Tammy Liljenquist asked how the residents would see the assessment. Mayor Jabbour replied that the assessment would be added to the property tax statements. The first payment would be due in January of 1999 and would be payable over 5 years with an interest rate of 6.5%. Kelley added that the homeowner would have the option to pay the assessment in full at City Hall with no interest charged within 30 days of the assessment hearing. ORONO CITY COUNCIL MEETING minutes for august 10,1998 02) MVARUE WATER TREATMENT PLANT REHABILITATION - ASSESSMENT HEARING - continued Gappa commented that water pressure should be at approximately poun Mayor Jabbour explained that if anyone wanted to object to the assessment, they must do so in writing prior to closing the assessment hearing. No written objections were received. n anOPT THE NAVARRE WATER TREATMENT PLANT REHABILITATION “• Pr S ASSESSli^ ROLL - RESOLUTION NO. 4138 Kelley moved. GoeR.n s.cond«I, to approve Resoludon No. 4m adopHng Ihe Navarre Water Treament Plant Rehabilitation assessment roll. Vote: Ayes 4, y C. AWARD CONTRACT FOR REHABILITATION OF NAVARRE WATER TREATMENT PLANT - RESOLUTION NO. 4139 fh““e;"awltnSPark, Minnesota in the amount of $636,600.00. Vote. Ayes , ay approval of minutes (*#3) REGULAR MEETING OF JULY 27,1998 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City CouncU Meering of July 27, 1998. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS There were no comments. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Commissioner Hawn had no comments. PUBLIC COMMENTS Gary O’Keefe. 1392 Baldur Park Road, requested an amendment to his building plan that was approved at the July 27 Council meeting to include a patio . He proposed to reduce the 3 car garage to a 2 car garage, with a full storage area beneath the garage, to allow for the addition of a patio. Gaffron commented that the revised plan seemed to meet the intent of the previous resolution. He further explain‘?d that hardcover would be reduced to allow for a patio by reducing the size of the driveway and some rooms in the house, as well as the elimination of a garage stall. Goetten expressed concern about the proposed lower level storage area. Gaffron responded that no hard surface was proposed in front of the storage area. It would be accessed by a side service door and would be used for storage of lawn mowers, snowmobiles, etc. Kelley requested that the resolution include language stating that no future drive to the lower level storage area would be allowed, as well as no increase in hardcover. Gaffron agreed to amend the resolution approved at the July 27 meeting, and place the amended resolution on the August 24,1998 Council agenda for final Council approval. Jakbour moved, Kelley seconded, to reconsider Application #2370 for Gary O'Keefe for the property located at 1392 Baldur Park Road. Vote: Ayes 4, Nays 0. Jabbour moved, Kelley seconded, to amend Resolution No. 4128 to include the following: Elimination of the third garage stall. Patio to be allowed. - No drive will be allowed to the lower level storage area. - No future variances will be granted. - Upper level garage will be limited to two stalls. - Lower level storage area will be for cold storage only. The revised proposal meets the intent of the original resolution. Vote: Ayes 4, Nays 0. ORONO ( ITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 ZONING ADMINISTRATOR’S REPORT {ft4) #2388 W. WYATT MOE, 1220 LOMA LINDA AVENUE AND 1230 SPRUCF PLACE - VACATION - RESOLUTION NO. 4140 Mr. and Mrs. Moe were present. Kelley noted that a number of utilities were involved with the right-of-way vacation and wanted to verify that the City had the appropriate easements. Mayor Jabbour explained that the application was a housekeeping item. The vacation had been approved in 1979 but the process was not properly completed. The problem was discovered during a title registration process. City Attorney Barrett commented that the form of the resolution may change, subject to the City Attorney s opinion. The Attorney's office is in the process of confirming that the street can be vacated within a statute which allows the City to retain the easements, both for the City and public utilities, and vacate the street. Gaffron explained that Minnegasco requested that the vacation resolution include language reserving an easement specifically for Minnegasco. NSP presented to the property owners a separate easement document to be executed upon completion of the vacation. Gaffron suggested that all easements be accomplished through the resolution, if possible, rather than two separate documents. The City Attorney will confirm the procedure within the next two weeks. Goetten moved, KeUey seconded, to adopt Resolution No. 4140 vacating unimproved portions of Portland Place within the plat of ’’Saga Hill Revised”, subject to the City Attorney ’s review with the appropriate easements. Vote: Ayes 4, Nays 0. Mrs. Moe asked how soon they could expect an answer as they cannot homestead the property until the title is clear. Mayor Jabbour responded that it should be within two weeks, and technically, the vacation is approved, subject to the City Attorney's opinion regarding easements. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (US) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 4141 Mr. and Mrs. Kail were present. Van Zomeren reported t’?at the application is for a hardcover variance to construct a double car garage. The applicants ali)0 'ivvn the adjacent lot. A shed on the property will be removed and has not been included in harder cr calculations as it was not shown on the survey. There was no record of a permit for the shed. Plaiming Commission recommended that the garage be reduced to meet the 10' side and rear yard setback requirements. Hardcover would increase from 39.4% to 40.1% where 30% is allowed. Mayor Jabbour questioned if the shed appeared to have been added in the last few years. Van Zomeren responded that the shed was in good condition but it was difficult to determine how long it may have been on the property. Jabbour thought it could be legally non-conforming. Kelley moved, Flint seconded, to adopt Resolution No. 4111 granting variances to permit the construction of a 14* x 20* garage located at 2917 Casco Point Road. Vote: Ayes 4, Nays 0. (#6) #2394 C. PEARSON COMPANY, HAVING AN INTEREST IN 2697 KELLY AVENUE - VARIANCE Mrs. Bimbaum, owner of 2697 Kelly Avenue, was present. She stated that the applicant had withdrawn the application and no longer intended to purchase the lot. Mrs. Bimbaum expressed concern with information the City was providing in response to inquiries about the property. She felt staff was responding negatively to development of the property even though it had been approved as a buildable lot. Mrs. Bimbaum also objected to a letter received from James Berg. She felt the Bergs, because of the location of their property, had the advantage of using this vacant lot as a lake lot while someone else paid taxes. She also noted that Jan Berg is a member of the Planning Commission and shouldn't be allowed to vote on the matter because of a conflict of interest. A third issue Mrs. Bimbaum addressed was the status of Lvdiard Avenue and if it was considered% a road. Kelley asked when the Bimbaum's bought the property and if they were aware of the restrictions on the property. Mrs. Bimbaum replied that it was bought in 1988 and she thought they had read the resolution. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (#6) U2394 C. PEARSON COMPANY, HAVING AN INTEREST IN 2697 KELLY AVENUE- continued Jablx)ur suggested Mrs. Bimbaum meet with staff to discuss potential building on the lot since the lot is very restricted and a minimum amount of hardcover would be allowed. Van Zomeren verified that Lydiard Avenue is platted as a street but is not open for use as a road. She explained that the applicant tried to request a side yard variance and curb cut off of Lydiard to reduce the amount of hardcover in the driveway. Van Zomeren informed the applicant that a building would have to meet the 35' setback for a side yard adjacent to street, regardless of whether or not Lydiard Avenue was open. Jabbour noted that Orono is one of the few cities in Minnesota that file property restrictions through resolutions on deeds. A title search would provide these restrictions to new owners. Mrs. Bimbaum stated it was not her place to withdraw the application since Mr. Pearson is the applicant, but she wanted to address her concerns to Council since she is the property owner. Kelley Moved, Flint seconded, to deny Application #2394 requesting variances to construct a new residence on the property located at 2697 Kelly Avenue. Van Zomeren asked Council if time limits apply with denial of the application since she has had numerous inquiries about the property. Jabbour responded that the 6 month time limit would apply only to the current applicant and not to the propert>-. He also noted that no motorized vehicles were envisioned to be allowed to use Lydiard Avenue. Van Zomeren reiterated that the property was allowed 700 s.f of hardcover for the driveway with a total of 2,000 s.f. of hardcover for the property, per Resolution No. 3997A. Kelley noted there were other issues with the property such as the fence. V'ote: Ayes 4, Nays 0. (#7) 1998 MARINA LICENSES Gaffron reported tliat Orono has five commercial marinas. Annual license applications and fees are submitted in February, with an on-site review early in the summer. Me noted the August 7, 1998 Request for Council Action lists the seven conditions each marina is required to follow, as well as some of the issues specific to each marina. Staff recommended approval of marina licenses for Windward Marina, Genmar/King's Cove, Sailor's World, and North Shore Marina, with conditions placed on the license for Lakeside Marina. r L ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (» 7) 1998 MARINA LICENSES - contin ued Gaffron commented that a complaint had been received against Lakeside Marina regarding the use of the adjacent property as overflow for customers of the marina; i.e. walking dogs, parking cars, working on boats, etc. A second complaint related to site lighting needs to be addressed. Gaffron indicated that the neighbor has suggested a fence could solve some of the trespassing problems. Gaffron noted that a fence would be allowed in the B-2 district, but is not specifically allowed in the 0-75' zone without Council approval. Fence height is limited to 6' along the lot line and y/i in the 30' front yard setback. Gaffron asked Council to consider the following: Whether a fence should be allowed along the east lot line to prohibit trespassers and/or provide screening, and at what height. Completion of a landscape plan that has been in the process for 15-20 years. The marina owner has indicated he is willing to complete the landscape plan. Lighting should be relocated, redirected or shielded so that it does not affect the adjacent property. Because of the layout of the marina and docks, boat traffic encroaches the dock use area of the adjacent property. The LMCD has been contacted and should follow-up on this complaint. Jim Dunn, owner of Lakeside Marina, stated that staff comments were accurate. He did not agree with all of the neighbor's issues. Mayor Jabbour asked about the berm that was proposed with the Waade subdivision application. Waade responded that he and Dunn were unable tc agree and he suggested a fence, possibly 8' high. Waade indicated his major concern was trespassing from the nij’rina. He stated he was willing to put a fence and screening on his property but also wanted the marina to do the same thing to control trespassing. Dunn agreed that construction of a fence could be included as a condition of the marina license. Waade asked to see plans of the proposed fence. Me also noted concern with parking of boats at his property line, since they are required to be 10' off the property line. Kelley asked if Waade and Dunn agree on the property line. Waade responded that he has a survey on record at the City. Kelley suggested that sur\ eys of both the marina and Waade property be compared so that both parties agree on the property line and no work is done in the wrong location. 8 r !■ ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (U7) 1998 MARINA LICENSES - continued Mayor Jabbour stated that a permit would be required for a fence and a survey would be required with the application. Gaffron suggested that the lot line be staked by the surveyor for either Waade or Dunn, with the other party agreeing to the location. If there is disagreement, the surveyors will need to determine the correct lot line. Durm noted that the existing stakes w-ere placed by his surveyor. Mayor Jabbour suggested that Council approve the marina license for Lakeside Marina with some of the conditions discussed. He indicated that parking and trespassing issues may be ongoing problems, and should be addressed with staff and the police. Waade asked for a deadline date for completion of the fence. Kelley commented that the fence should be constructed within the City standards. He did not favor an 8' fence and would like to see it as low as possible. Mayor Jabbour suggested that Waade and Dunn continue to work on a berm even though other conditions may be agreed upon. Gaffron asked for clarity from Council on the height of the fence and how close to the lake and road it should be constructed. If a fence is not allowed in the 0-75' zone, this may not solve the trespass issue. He noted that Council approved a fence for the DNR and felt it may be acceptable for commercial property to have a fence to the lake to protect both properties. Jabbour agreed. Kelley was opposed to a fence in the 0-75' zone. Goetten asked about plantings to the lake rather than a fence. Gaffron responded that there were two issues. One is screening because of the visual view from a residential to commercial property. The other issue is trespassing. An 8' high screen fence solves both issues. A 6' high fence that doesn't go all the way to each end would help the screening but doesn't solve the trespassing issue. Goetten indicated she would support whatever was best for both property owners. Gaffron suggested a 6' fence between the 75' lake setback and the 30' street setback line, and from there a height that would prohibit people from walking between the properties. The lower height would not provide screening or visible encroachment. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (H7) 199S MARINA LICENSES - continued Mayor Jabbour commented that plantings would probably not survive in the 0^5 zone lLsh<^ acUvity. He felt if Dunn provided a fence in .he 0-75' zone and Waade also d.d some plantings, the burden could be split. Dunn suggested that he and Waade meet again to discuss the options. Jabbour noted the berm was already approved and could still be constructed. Waade requested that Council act on the fence solution since he questioned if an “““ Z reached with Dunn. Waade indicated there may be an issue with dollars spent to address problems for Dunn. Mayor Jabbour suggested Council act on all the marinas except Lakeside Marina. Ayes 4, Nays 0. Flint indicated that he would prefer a fence all the way to Je lake because " difficulty between the property owners. He recommended a 4 fence from the road to the 30 str setback^d in the 0-75' setback zone, and a 6' high fence between those two areas, the marina. Dunn noted that the Metro pump station is located in the f 30’ street setback. Flint commented that a 4' fence would not obsuuct a great deal of visiom He added *■'"« wouirpT^Sra physical barrier to keep boats from encroaching on the adjacent property. He commented that fences make good neighbors. Gaffion suggested Ote heigh, of the fence in the 30’ setback be left to suffs discretion regarding sight lines for entering and exiting the property. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (U7) 1998 MARINA LICENSES - continued Flint moved, Goetten seconded, to approve the commercial marina license for Lakeside Marina with the following conditions: 1. A 6* fence would be allowed between the 0-75' lakeshore setback and the 30' street setback. 2. A 4' fence would be allowed in the 0-75' setback. 3. Height of the fence in the 30' street setback would be left to staffs discretion with appropriate sight lines to be the main consideration. 4. Fence to be constructed prior to October 31,1998. Dunn suggested the City contact the Metro pump station personnel regarding snow plowing practices, as they have used the area for snow removal and a fence could cause a problem. Gaffron asked Council if they wanted to add any controls for visual appearance of the fence. Kelley commented that he would prefer a brown wooden fence, not a metal chain link fence. Goetten agreed. Dunn indicated that he also preferred a natural fence. Waade agreed with the natural fence. Gaffron referred to the lighting issue. He noted that lighting is currently on two NSP poles and NSP is considering burying the lines. If lighting is placed on the marina building, lights would shine towards the adjacent property. Shielding has been discussed to alleviate the lighting issue. Waade asked if the marina would be required to do plantings to screen the boats. Mayor Jabbour did not think the plantings would be realistic because they would not survive. He felt the fence would take the place of plantings. Gafiron added that the landscaping plan with plantings has been difficult to maintain, with approximately 1/4 of the plantings remaining that were required on the original plan. Kelley suggested the marina try to keep as many of the existing plants as possible during fence construction. Dunn noted that a few arborvitae and other plantings remain but sewer construction took many of the plantings. The power company also cut back the tops of many of the trees in the spring. Those plants that remain are relatively healthy. Vote; Ayes 4, Nays 0. Mayor Jabbour thanked Mr. Dunn for his cooperation. Goetten commended Gaffron for his work with the marina owners in accomplishing the goals of the City for marina operations. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 MAYORyCOUNCIL REPORT Mayor Jabbour reported that he had a successful meeting with some Minnetonka residents regarding a potential public access in the Gray's Bay area. He shared Orono’s experiences in wo king with the DNR on the Maxwell Bay access. The DNR, Hennepin County Public Works, LMCD and the MCWD were also represented. He will forward a copy of the minutes of the meeting to the Council Members. Mayor Jabbour reported on his conversation with the Hennepin County Public Works Department regarding a potential frontage road along County Road 15 to solve the Woodhill Country Club access issues. It would be difficult to fit a frontage road along the Highway. Moorse added that the County has suggested an engineering consultant wdth expertise in the design of frontage roads may be able to develop a solution that would work in this restrictive area. Goetten commented that a light was needed to stop traffic on Highway 15 so that cars from the side roads could get onto the highway. Although Orono Orchard Road has been discussed for a stoplight, sight lines may not work there. She suggested County Road 15 and 51 as a possibility for a stoplight. Kelley asked what a stoplight would cost. Mayor Jabbour responded that the City would only be responsible for half the costs of the right-of-way acquisition for a stoplight on County roads. City Engineer Kellogg thought the cost would be $225,000 - $500,000. Mayor Jabbour asked Council if they thought it was appropriate to pursue the issue of stoplights. Flint responded that he did not think the City was receiving sufficient creativity from the County and suggested contacting a consultant or holding a public hearing. He would favor working with a consultant. Goetten commented that a light should have been considered with the upgrade of County Road 15 as traffic will continue to increase, especially with the upgrade of Highway 12. Mayor Jabbour suggested contacting a consultant. Kelley indicated he would prefer to see how the traffic on County Road 15 flows once the reconstruction is completed. Goetten didn't think the City could wait until next spring to begin working on a stoplight. L ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 MA YOR/COUNCIL REPORT - continued as a County project. Council agreed *at traffic counts at Orono Orchard Road would probably not warrant a light at that intersection.'imMWissssi Stoplights on County Road 15. County. Kelley commented that Spates Avenue would need to be closed if a stoplight was installed at County Roads 15 and 51. Council directed staff to pursue traffic control options for County Road 15. and develop a recommendation for a consultant. ENGINEER REPORT (*#8) APPROVE QUOTATION FOR REPAIR OF SALT SHED ROOF Goetten nt.ved, Kelley seconded, to approve the Qno.a.ion amount of SI0,070.00 for repair of the salt shed roof. Vote. Ay , y ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 i*U9) APPROVE FINAL REQUEST FOR PAYMENT OF GOLF COURSE IRRIGATION SYSTEM Goetten moved, Kelley seconded, to approve the Request for Final Payment for the golf course irrigation system to Evergreen Sprinkler Company for SI,825.18. Vote: Ayes 3, Nays 0. City Engineer Kellogg distributed preliminary plans for the Femdale Road upgrade project. Flint asked if the road had been staked. Kellogg responded that the road had not been staked but explained that the trail would be 1' in from the existing power poles on the Plymouth side, and the edge of the new road on the Orono side would coincide with the existing road on the Orono side. Kellogg confirmed the new road is basically within the existing pavement. Kellogg commented that there would be a widening at the County Road 6 intersection with right and left hand turn lanes for northbound traffic and one southbound lane. The intersection will be built up higher to improve sight lines. Kelley asked if there would be any improvements on County Road 6 for a turn lane for eastbound traffic turning south on Femdale Road. Kellogg responded that there were no improvements planned for County Road 6. Kelley requested that the trees be marked that will be removed. Kellogg responded that the trees could either be physically marked or they could be marked on a set of plans. Kelley asked who marks the tree so that contractors don't remove the wrong trees. Kellogg replied that silt fence is typically installed to control drainage which also reminds the contractors not to go beyond the silt fence. The engineers would also be on-site to work with the contractors. Flint questioned if the preliminary plans could be shared with other interested residents. Kellogg confirmed that they were fairly accurate, with some construction notes missing, and could be shared. Mayor Jabbour asked if the Engineer has had any further conversations with NSP regarding undergrounding the power lines. Kellogg responded that he had left a message. Flint asked about the timing for the project. Kellogg responded that the plans were submitted for review to both cities and hoped to receive comments within two weeks. The plans would then be submitted to the State. Approval from the State takes approximately 1 month. It appears that the project will begin in the spring of 1999 and will be completed in the 1999 construction season. Kellogg also ga\ e an update on the Heritage Drive sewer project. The sewer along County Road 15 is in place and the directional boring has begun on Heritage Lane. Open cutting will begin this week. The project should be completed this fall so residents could hook up to sewer before winter. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 CITY ADMINISTRATOR'S REPORT (*#10) REAPPOINTMENT TO LAKE COMMISSION MINNETONKA COMMUNICATION Goetten moved, Kelley seconded, to extend the appointment of Fred Blanche as an alternate City representative on the Lake Minnetonka Communication Commission through January 11,1999. Vote: Ayes 3, Nays 0. (#11) DESIGNATION OF MCWD LIAISONS Moorse explained that the MCWD would designate one of their board members to serve as a liaison to the City. He will verify who that liaison will be. Greg Gappa and Mike GafFron will be staff liaison. Council will make a final decision as to who the Council liaison will be at their next Council meeting. Flint indicated an interest as a liaison. (#12) REPORT REGARDING IMPACTS OF RIGHT-OF-WAY ACQUISITION FOR NEW HIGHWAY 12 ON INDIVIDUAL LOTS Moorse explained that Mn/DOT is working on right-of-way acquisitions for the new Highway 12 corridor. Gaffron has prepared an analysis of how the parcels in this corridor could be affected by right-of-way acquisition. Once the right-of-way has been taken, some lots may not be considered buildable under current zoning standards. Council will need to consider what criteria should be used to determine if a lot would be buildable, or if it would be considered legally non-conforming. Available septic sites will be a key issue in the determination of whether a parcel can remain as a separate lot. Gaffron distributed an updated report. Kelley questioned the possibility of sewering some of the properties in the corridor. A sewer line could be constructed along the side of Highway 12 and connect to the existing interceptor. Kelley stated that the residents were entitled to a house even if the area remaining after acquisition was less than 2 acres. Jabbour indicated that Mn/DOT needs to decide if they want to do a "whole" or "partial" taking in the right-of-way acquisition, and they have asked for input from the City. Kelley suggested that Mn/DOT be informed that the lots are in a 2 acre zone. If the right-of-way acquisition leaves a lot with less than 2 acres, Mn/DOT should take the entire lot. ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 Still be considered Jabbour noted this wouldleave U.c lot legal,; ” the option Thtotradd^d lhaUf a' ™s would give nX'““ '-■ ->'■<' ^ at the City,s expense with fgSra“rd^^^^^^ requirements such as a well. Lots couW varv in available, as well as other typical standards. Council was reluctant to «!Pt a ^ of the required building »Sred'Tn ”on'fo^^^^^^ “^°™a<‘.'*>at any lot less than 2 acres would be agreed with CounciS^nTs K fTeachT ? *'"• Gaffion buildability. would need to be reviewed separately for a'^qTswfns'Too^e “! PW »W"ers for hardship interested in hardsh^ M"®OT Wantifying seve^l propertied (*#13) LICENSES There were no licenses. (*#14) BILLS Go^erten n.ov«,, Kelley seconded, to approve payment of the All Funds Account.Vote: Ayes ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 10,1998 (#15) WAIVER OF PLANNING COMMISSION REVIEW OF CONDITIONAL USE PERMIT FOR CIVIL DEFENSE SIRENS Moorse explained that the installation of the sirens requires a conditional use permit. Typically a conditional use permit requires Planning Commission review, and their review would not be completed until October. Moorse suggested that Council hold the public hearing at their next meeting to expedite the siren installation. Kelley moved, Goetten seconded, to waive the Planning Commission review of the conditional use permit for the installation of two civil defense sirens, and to schedule the public hearing on the conditional use permit for 7:00 p.m. on Monday, August 24,1998. Vote; Ayes 4, Nays 0. (#16) HIGHWAY 12 NOISEmBRATION STUDY - RESOLUTION NO. 4142 Kelley moved, Jabbour seconded, to adopt Resolution No. 4142 authorizing a consulting engineering agreement with HDR Engineering, Inc. to conduct a nobe and vibration study for the Highway 12 corridor project. Vote: Ayes 4, Nays 0. Goetten asked when the study would begin. Moorse responded that he did not have an exact date. Mn/DOT needs to have their cooperative agreement executed which will take 1-2 weeks. The study should be completed within 6 weeks of the execution of the cooperative agreement. CITY ATTORNEY REPORT Attorney Barrett requested an Executive Session to discuss pending litigation. ADJOURNMENT Flint moved, Goetten seconded, to adjourn the meeting at 9:24 p.m. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk 1998 Lake Minnetonka Shoreline Storage Count COUNCIL meetingAUG 2 4 1998 CfTYOrORQNOINTRODUCTION The Management Plan, adopted in December of 1991, has established Lake Use Objectives for Lake Minnetonka. Beginning in 1992, and every other year thereafter, one of these objectives is to measure watercraft density and the distribution of beached and rafting watercraft on Lake Minnetonka. In compliance with this objective. Lake Minnetonka Conservation District (LMCD) staff has conducted a Shoreline Storage Count for watercraft stored on Lake Minnetonka in 1998. Three primary objectives were established for the 1998 Shoreline Storage Count. They include: 1. Establish the total number of watercraft stored in 1998. 2. Outline data collected from historical Shoreline Storage Counts. 3. Identify any observable conclusions and trends from the Shoreline Storage data collected. METHODOLOGY To ensure consist ency and accuracy in the 1998 Shoreline Storage Count, LMCD staff established parameters in which the storage inventory was to be conducted. Detailed below is a summary of these parameters. 1. Survey all 125 miles of lakeshore frontage on Mondays through Thursdays, between the hours of 7:30 AM and 12:00 PM. This time has been selected to best represent when observers could count the maximum number of watercraft stored on Lake Minnetonka. Friday was established to be an alternative day when weather conditions were not favorable. 2. The count was to be conducted during the month of June with a completion date of July 4. 3. The watercraft count was to be conducted from the districts 18 ’runabout by LMCD staff 4. A shoreline storage count worksheet was established to assist in conducting the shoreline storage inventory. Ten classifications of watercrafts were established on this worksheet to categorize each watercraft type. These watercraft classification include: runabout, cruiser, sailboat, pontoon house-boat, charterboat, fishing boat, personal watercraft, PWC’s, aircraft, and miscellaneous watercraft. Further definition of these watercraft classifications are defined in Appendix A. SUMMARY OF THE 1998 SHORELINE STORAGE GOIINT The total number of watercraft stored, beached or rafting on Lake Minnetonka for 1998 is 8,605. Appendix B details each watercraft classification by percent. Over 60 percent of watercraft counted on Lake Minnetonka, were either found in the runabout or cruiser classification. The lowest percent of watercraft stored on Lake Minnetonka were classified in the house-boat, charterboat, and aircraft c assifications. Note; A zero percent total does not mean that there were no watercraft found in these classifications. However, the number of watercraft found during the 1998 shoreline count, did not total a sum large enough to be represented by one percent. ^ppendix C provides a breakdown of the 8,605 boats counted in 1998, by watercraft classification and Appendix D highlights the 5,347 riparian watercraft inventoried during thel998 shoreline storage count by percent. Approximately 60% of watercraft stored on riparian shoreline were found to be in the runabout and cruiser classification. Riparian shoreline owners stored more runabouts at 40% while cr\jisers were stored at 19%. The lowest percent of riparian watercraft counted were found to be in the nouse-boat, charter boat, and aircraft classifications. Appendix C provides a breakdown of the 5 347 riparian boats stored by watercraft classification and bay. Appendix E highlights the 3,258 watercraft stored at multiple docks. Over 65% of watercraft stored at multiple docks were categorized into the classifications of runabout and cruiser. 34 % of the watercraft stored at multiple docks were cruisers, while 32 % were runabouts. The lowest percentage of watercraft stored at multiple docks were houseboats totaling less than 1 percent. Appendix F provides a further breakdown of the 3,258 multiple boats stored by watercraft classification u * 3>258 watercr^, 492 were located at the Mound Common Docks. Staff needs to point out that they were not able to distinguished these boats by their watercraft classification. Only the total number of watercraft per bay was known. The asterisk (♦) was used on Appendix C and D to bring this discrepancy in the watercraft numbers to the readers attention. NUMMARY OF HISTORICAL SHORELINE COUNTS Appendix G highlights historical shoreline storage counts from 1971 through 1998. Watercraft identified in these histoncal counts ranged from a low of 5,245 in 1971, to a high of 10,475 in 1996. Appendix H provides a further breakdown of these historical counts into watercraft by classification and year in which CONCLUSIONS \ TREND.S Based on LMCD staff review of the data collected from the 1998 shoreline survey, the following conclusions/trends have been observed. They include; appears to be a decline in the number of watercraft stored on Lake Minnetonka. Since 1996, there has been a 22% decline in the number of watercraft inventoried. • There appears to be a decrease in personal watercraft (PWC) stored on Lake Minnetonka. The figure of 796 in 1996 has been decreased to 644 in 1998, a 21% decrease. • There appears to be a decrease in cruisers stored on Lake Minnetonka. The figure 3 117 in 1996 has been decreased to 1917 in 1998, a 39% decrease. • There appears to be a decrease in sailboats stored on Lake Minnetonka. The figure 1 021 in 1996 has been decreased to 720 in 1998, a 30% decrease. • There appears to be a decrease in fishing boats stored on Lake Minnetonka. The figure 1,135 in 1996 has been decreased to 732 in 1998, a 36% decrease. • The decline in watercraft numbers could be attributed to the methodology used to collect data during the 1998 Shoreline Storage Count. In previous years, the Shoreline Storage Counts W'/ re conducted from an airplane. COUNCIL MEETING 1998 Lake Minnetonka Shoreline Storage Count AUG 2 4 1998 CITYCFORONO INTRODUCTION The Management Plan, adopted in December of 1991, has established Lake Use Objectives for Lake Minnetonka. Beginning in 1992, and every other year thereafter, one of these objectives is to measure watercraft density and the distribution of beached and rafting watercraft on Lake Minnetonka. In compliance with this objective. Lake Minnetonka Conservation District (LMCD) staff has conducted a Shoreline Storage Count for watercraft stored on Lake Minnetonka in 1998. Three primary objectives were established for the 1998 Shoreline Storage Count. They include: 1. Establish the total number of watercraft stored in 1998. 2. Outline data collected from historical Shoreline Storage Counts. 3. Identify any observable conclusions and trends from the Shoreline Storage data collected. METHODOLOGY To ensure consistency and accuracy in the 1998 Shoreline Storage Count, LMCD staff established parameters in which the storage inventory was to be conducted. Detailed below is a summary of these parameters. 1. Survey all 125 miles of lakeshore frontage on Mondays through Thursdays, between the hours of 7:30 AM and 12:00 PM. This time has been selected to best represent when observers could count the maximum number of watercraft stored on Lake Minnetonlia. Friday was established to be an alternative day when weather conditions were not favorable. 2. The count was to be conducted during the month of June with a completion date of July 4. 3. The watercraft count was to be conducted from the districts 18 ’runabout by LMCD staff. 4. A shoreline storage count worksheet was established to assist in conducting the shoreline storage inventory. Ten classifications of watercrafts were established on this worksheet to categorize each watercraft type. These watercraft classification include; runabout, cruiser, sailboat, pontoon, house-boat, charterboat, fishing boat, personal watercraft, PWC’s, aircraft, and miscellaneous watercraft. Further definition of these watercraft classifications are defined in Appendix A. SUMMARY OF THE 1998 SHORELINE STORAGE COUNT The total number of watercraft stored, beached C" rafting on Lake Minnetonka for 1998 is 8,605. Appendix B details each watercraft classification by percent. Over 60 percent of watercraft counted on Lake Minnetonka, were either found in the runabout or cruiser classification. The lowest percent of watercraft stored on Lake Minnetonka were classified in the house-boat, charter boat, and aircraft classifications. Note; A zero percent total does not mean that there w’ere no watercraft found in these classifications. However, the number of watercraft found during the 1998 shoreline count, did not total a sum large enough to be represented by one percent. Appendix C provides a breakdown of the 8,605 boats counted in 1998, by watercraft classification and bay J Grand Total1998 Shoreline Watercraft InventoryPercent of each watercraft classification (Riparian & Multiple)Appendix B Aircraft 0% PWC 7% Fishing Boat 9% Charter Boat 0% House Boat _,/ 0% Pontoon 5% Runabout 39% i Sailboat 8% Cruiser 23% 1998 Riparian and Multiple Shoreline Storage Count (Appendix C) 1998 and Historic Watercraft Shorline Count TotalsAppendix G w 1985 I ,986 10475 6000 Total Number of Watercraft 10000 12000 r REQUEST FOR COUNCIL ACTION CONSENT AGENDA C0UNCa.MEET1NQ AUC 2 4 1998 CITYOFORONO Date: August 17,1998 Item No.: ^ Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2370 Gary O'Keefe, 1392 Baldur Park Road - Variances - Amend Resolution List of Exhibits A - Resolution B - Resolution No. 4128. During Public Comments on August 10 Mr. O'Keefe presented a revised proposal which reduces the house and driveway footprints in order to allow a patio while still keeping within the 5,725 s.f. hardcover limit established in Resolution No. 4128 adopted July 27. On August 10 Council concluded that the revised proposal meets the intent of the Council's original approval and voted 4-0 to amend Resolution No. 4128 to allow the proposed changes subject to the following conditions: 1. Upper level third garage stall shall be eliminated, upper level limited to 2 stalls. 2. Lower level storage area shall be for storage only, and shall not have a hardsurface driveway leading to it. 3. Hardcover still limited to 5,725 s.f. as before. 4. No future variances will be granted for this property. A revised Resolution No. 4128 incorporating the above changes is attached for Council review and adoption. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution to amend Resolution No. 4128. Proposed Motion: Moved by Resolution No. 4128. Vote: , seconded by___, to adopt Resolution No.to amend aves.nays. A RESOLUTION TO AMEND RESOLUTION NO. 4128 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 - FILE #2370 WHEREAS, Gary O'Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250’ zone in excess of the 25% hardcover normally allowed in that zone, and to permit giading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2370. 2.The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of 6 r 3. 4. 5. 6. The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75' lakeshore protected zones, based upon findings which are enumerated in Resolution No. 4128 dated July 27, 1998. On July 27, 1998 the City Council granted approval of the proposed variances and adopted Resolution No. 4128 with conditions. On August 10, 1998 the applicant requested Council approval for a revised plan which would reduce the hardcover associated with the house and driveway footprints in order to allow the addition of a patio while not exceeding the 5,725 s.f. hardcover level. The further revised plan eliminates the third upper level garage stall and reduces the area of driveway to free up additional hardcover for the patio. A lower level storage area will be incorporated below the garage, but will not be served by a driveway or other hardcover. The Council voted 4-0 to reconsider the application and voted 4-0 to allow the further revision as proposed subject to still meeting the 5,725 s.f. hardcover limit; that no driveway will be allowed to serve the lower storage area; and that no future variances are to be granted for this property. Council directed that staff bring a new resolution to the next Council meeting for adoption. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and CUP on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 J r 7. grading in the 0-75’ lakeshore setback zones^°" ““'*'« Proposed o the health, safety or genetal welfare of S, "ot be detrimental light, air nor pose a fire hazard or other dmgef to ne 'hh'''^ “Shct such use depreciate surrounding propertv va*iiic« “ *^**""8 property, nor will use of the property will be in keepinTwith ti, P™POsed level of Zoning Code and Comprehensive PIm of the Ci^'"'™‘ “'’j'"'''®® of the CONCLUSIONS. ORDER AND CONDITIONS to Municipal Zo^ ade''secte mIrSilbd—"" grants a variance 2^6 Subdivisions 16(J) and 16^ to petiT”" ' SuWivision “ »d ^“ities constimting hardcover on the proKtlTof 5 70S™of a new residence and hardcover plan attached to this Resolution as &hihfr’^i^ j revised site and milt for land alterations within the 0-75' lake^store nrol Srenl® a Conditional UseE "" “ - s.rx": dT™!’’ 11“ ""V h.rd«,v« approved site plans. Hardcover in the LSv n “ shown on the exceed the square footages per the site olan a zones shall not» . row, «, „d property will not be approved It T T , hardcover on the ■ho level of hardcover TpproJed wi h hk ' t'"' fhture, and that no additional hardcover variancestm bc°'ances will be granted in the future. I. 2. Page 3 of6 3. 4. 5. 6. 7. 8. The revised plan which eliminates a third garage stall at the upper level, incorporates a storage garage below the remaining two stalls, and reduces the footprint of the house in order to allow construction of a patio, is approved subject to a condition that no hardsurface or driveway may be installed to the lower storage area. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. Site grading within the northerly 0-75' zone with the intent to create a walkout situation shall not be allowed. Erosion protection as may be required by the Building Inspector shall be maintained at all times. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval, or this variance will expire on that date (August 24, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitu’.. a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of within and for said county, personally appeared 1998 before me a Notary Public 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 ) ) COUNTY OF HENNEPIN ) On tliis day of NOTARY PUBLIC 1998 before me a Notary Public within and for said county, personally appeared_____ known to me to be the person(s) described in and wh ’ecuted the foregoing instrument, and acknowledged that he(they) executed the same as his ,ir) free act and deed. NOTARY PUBLIC Page 6 of 6 .» *• *• ~a ■ i •(J — - — __ 1 — . .. I approved HARDCOVER: ___ I,. 0-75 ’ North: NONE 75-250' & 0-7 ;• South (Area - 22.900 sO: ^ \rO sfAUiichcd 2-stall Garage Sloop, walks Jid palio Driveway \ 360 sf ?.24i^ 5,725 sf I 5,725 / 22,900 - 25*/.\ N. \ )£eso(.. ». / A »------ \ V>v.jrTt*. I H ’i^rvT ^rfetlsSL ? ■' ., •' 'i'li , \" f S’ • V ■A V.’’ r- X*'i- r-; I i«*** oiS V.i1 tsr*:*- \ t'* a. i##a - I • t / c f'hfc /: t ------D a • 5 /;’ “ I.__ f • ^ ^'Ul ■s c ‘ .o I" h^Sf*)Lf **fr* r. t f^C»^ t?0>iKlA-c5€.vmeck^ \ KA I - (r'^,'^-<7Pnw(AU'. .61 .lA I ;/ •-. •. ^ 4. -< I ——WltTk-aATiON ' . c =/\ . .4 n \ . /___ ^ V- E /* iso. V- lliopb. 0? 7-150 ir EP,nU / 0/^3 fM \ ^!5- wi^e -p*Uox J' ^f—)<r^ r—) t—I W. I--------------J I iL- I Bfi S&itKii . H \_l_jSrlCF Mv^ I >/♦ I ■i—■- <fi>^ ^ ■1 1 }-1 ■fcjtA u mfptu ffico^ ^/%» (*/*TH- ' 'o^SCS% /1^ •* i» I I j 2rT.r"l*TP 16 :^* ___________________________________________ ctf«_ — 7/^/^y- r^v^Tc... F&v: • • <V7<0 ^-Ar \,^.Jt_yL.-±^ .f!=:S^.*(‘r^ ______________. __ »BK CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 12 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2; SECTION 10.55, SUBDIVISION 8; AND SECTION 10.56, SUBDIVISIONS 16(J) AND 16(L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03 SUBDIVISION 19 - FILE #2370 WHEREAS, Gary O'Keefe (hereinafter "the applicant") is owner of the property located at 1392 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 17 and 18, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J) and 16(L) to permit the construction of a new residence constituting hardcover in the 75-250 zone in excess of the 25% hardcover normally allowed in that zone, and to permit grading and land alterations within the 0-75' lakeshore protected area where such work is normally prohibited. Minnesota: THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2370. The property is 0.71 acres in area and is located in the LR-IC Single Family Lakeshore Residential Zoning District. Page 1 of7 J CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 R 3.The Orono Planning Commission reviewed this application on May 18, June 15 and July 20, 1998 and on a vote of 6-0 recommended approval of a hardcover variance to allow hardcover on the property in the amount of 5,725 s.f. per the revised plans, and approval of a CUP for grading within the 0-75’ lakeshore protected zones, based upon the following findings: a. b. c. d. The property currently contains a residence structure, detached garage, driveways, etc., portions of which are located within the 0-75' lakeshore protected zones, and which constitute a total of 7,258 s.f. pre-existing hardcover in the 0-75' and 75-250' zones, not including 0-75’ zone landscape beds incorporating fabric or plastic weed barrier. The lot is by definition 97.5' in width where 100' is normally required and therefore meets the "80% standard" for construction on an existing lot of record. The lot \sidth is sufficient to allow construction of a single family residence w'hich meets the required 75' lakeshore setback, required 10' side setbacks, and which will not encroach the average lakeshore setback. At 0.71 acres in area, the lot meets the 0.5 acre minimum lot area standard. The lot is unique in that it has 0-75' lakeshore protected zones on both its north and south ends due to its location on a narrow peninsula. Hardcover on the property under applicant's revised proposal will decrease from the pre-e,\isting level of 7^58 s.f. to 5,725 s.f. where only 3,798 s.f (25% of the 15,190 s.f 75-250' zone) would normally be allowed. The proposed level of 5,725 s.f is equivalent to 25% of the combined areas of the 75-250' zone and the southerly 0-75' zone. A variance to allow use of the area of the southerly 0-75' zone in calculating allowable hardcover is justified by the hardships imposed on the property by having lakeshore at both ends. Further, this level of hardcover is similar in magnitude to levels approved for other lots in the LR-IC zone. > Pace 2 of 7 o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.4 1 t . Q 4. g h. 1. f. Adherence to the ”25% of 75-250' zone" limitation would not allow for construction of the residence as proposed unless the residence was sigmficantly reduced in size. The topography of the site including the umque elevated nature of the property in relation to its surroundings, and the location and orientation of adjacent homes, are factors which support the proposed house location, necessitating a minimum level of hardcover in excess of the normal allowance. The overall hardcover reduction on this property from 7,258 s.f to 5,725 s.f. is a positive step in meeting the long term environmental goals of the City, as is the elimination of pre-existing structures from the north and south 0-75' zones. The proposed residence will be located to meet all of the required setbacks of the LR-IC District. A variance and CUP for grading within the 0-75' lakeshore protected zones is necessary to allow for removal of the existing structures and driveways and to accommodate new structures and driveways. Filling in the northerly 0-75' zone is necessary so that applicant can fill in the excavation that will remain edter the existing house is removed, with a blending in of the grade to match pre-existing contours. Grading of the northerly 0-75' zone to create a w^out situation as originally proposed by applicant would not be appropriate and would not be consistent with the City's goals and policies for lakeshore development. Grading and filling in the southerly 0-75' zone is necessary to provide a safe and fimctional driveway to serve the new residence. The City Council has considered this application including findings and recommendations of the Planning Commission, reports by Cit* -.tatf, comments by the applicant and the effect of the proposed variance and r-p 4. the health, safety and welfare of the community. Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL irS i ■■NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserv'e a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit for the proposed grading in the 0-75 ’ lakeshore setback zones as proposed 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 property, nor will such 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of a new residence and amenities constituting hardcover on the property of 5,725 s.f. per the approved site and hardcover plan attached to this resolution as Exhibit A, and further grants a Conditional Use Permit for land alterations within the 0-75' lakeshore protected zones tind within 5' of a lot line per the approved grading plan and site plan attached to this resolution as Exhibit A, subject to the following conditions; 1.No hardcover will be allowed in the northerly 0-75' zone. The only hardcover allowed in the 0-75 ’ zone will be the portion of driveway as shown on the approved site plans. Hardcover in the soutiierly 0-75' and 75-250' zones shall not e.xceed the square footages per the site plan and hardcover worksheet attached to this resolution as Exhibit A, and shall not in any case exceed 5,725 s.f. in total. Page 4 of 7 O.K 0\\CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 198 3. 4. D. 6. 7. Applicant is advised that hardcover on the property based on this approval will exceed the normal limits, and any future proposal to increase hardcover on the property will not be approved. It is the intent of the City Council that the level of hardcover approved with this resolution not be exceeded in the future. Any significant changes to the approved house footprint, to the approved grading plan, or other changes which result in a plan that City staff deems to be potentially in conflict with the intent of this approval, shall be subject to further Council review. Site grading within the northerly 0-75' zone with the intent to create a walkout situation shall not be allowed. Erosion protection as may be required by the Building Inspector shall be maintained at all times. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit wdthin one year of the date of Council approval, or this variance will expire on that date (July 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 property. Page 5 of7 •3 ^ »• Adopted by the Or CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 g R_____ *ty Council on this 27th day of July, 1998. ATTEST: Linda S. Vee, City Clerk Property Ownef(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) oS. The foregoing instrument was acknowledged before me on this 27th day of July, 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. HENNEPM COUNTY IK rnmmigio n bpita Jan. 31, ^ ?\Notiii^ Public Page 6 of 7 t!fL‘ In' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 '■2 P) On this____3/_________^day of ________, 1998 before me a Notary Public vNithin and for said county, personally apdeared^ 6' 'A'jity/ . /n oM/Uca^ 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^UBLIC T STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) ^ 1998 before me a Notary PublicOn this 5"^*_______^y of ______ within and for said county, personally appeafro Uf • H Au^U\j\ known to me to be the person(s) described in and Wo ei^uted the foregbing' instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. JAMIE L. GEMAR NOTARY PUBLIC-MINNESOTA N HENNEPIN COUNTY 6> My Commission Expires Jan. 31.2000 NOT>UlY PUBLIC .Page 7 of 7 J COUNCIL MEETING 4 « ■ ■ pteefi— f^ALtO# Date of Application: 6/19/98 Date Complete: 7 /3/98 60daylmiit: 9/1/98 AUG 2 4 1998 crPi'croRONO REQUEST FOR COUNCIL ACTION DATE: August 20, 1998 ITEM NO Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2390 David and Jodi Rahn 1385 Rest Point Road Hardcover and Street Yard Setback Variances Zoning District: Lot Area: Application: LR-IB One Family Lakeshore Residential District (1 acre) 14,663 sq. ft. (.33 acres) The applicant filed a request for a hardcover variance to construct a 24' X 28' garage in the 75'-250' setback. Variances for side yard setback, lakeshore setback, and hardcover in the O'-75' setback were granted in 1997. The Planning Commission denied the request for a 24' \ 28' garage. The applicant appeared before the City Council on July 27, 1998 and proposed a plan revision for a 22' x 24' garage. The application was referred back to the Planmng Commission for consideration on August 17, 1998. Distance from Shoreline Total Lot Area in Setback Allowed Hardcover Original Plan 24' X 28' Revised Plan 22'x 24' PC recommendation 22' X 22' 0'-75'6,750 sq. ft. NONE 1,320.75 sq. ft. (19%) 1,320.75 sq. ft. (19%) 1,320.75 sq. ft. (19%) 75'-250'7,913 sq. ft. T,978.25 (25%) 3,797 sq. ft. (47.98%) 2,576 sq. ft. (32.55%) 2,482.75 sq. ft. (31.3%) 3 itTsiivoflirii ^.riTIKTil r«Tiv«] i:T33 iiimim rtiKfsTrtBm rtiKsuti •JCilt [•■iTtJ r*T2T¥lT*j RJ riRRITO Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, i ■ FINDINGS 1. This application was reviewed as Zoning File #2390. 2. The property is located in the LR-IB, Zoning District, where 1 acre is the minimum lot area. The property consists of ,33 acres or 14,663 sq. ft. 3. The Planning Commission reviewed this application on August 17, 1998 and recommended approval on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact: A, The subject lot does not meet lot width or lot area requirements. B, This property is allowed to have 1,978.25 sq. ft. (25%) of the total lot area in the 75-250' setback in hardcover. The City Council determined per Resolution No. 3926 that the total amount of hardcover to be located within the 75-250' setback shall be reduced by the amount of existing hardcover (1,320.75 sq. ft.) in the 0-75' setback. C.A portion of the yard between the house and the street is located in a flood plain area. 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. Page 2 of 5 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants v^ances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (L) (1)&(2) to permit a 22'x22’ garage to be located 17.1’ from Rest Point Road and to allow an additional 1,162 sq. ft. of hardcover in the 75-250 ’ setback where 1,978.25 sq. ft. (25%) is allowed and 2,482.75 (31.3%) is proposed. Approval was subject to the following conditions: 1. The existing shed in the south side yard shall be removed upon completion of the garage. 2. No fill shall be placed in the flood plain area and the sidewalk shall be installed at the original grade. 3. 4. Authorities g.-anted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building perrmt within one year of the date of Council approval, or this variance will expire on that date (August 24, 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. Page 3 of 5 Adopted by the Orono City Council on this 24th day of August, 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 24th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 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 foregomg instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 r Date of Application: 6/19/98 Date Complete: 7 /3/98 60 day limit: 9/1/98 PLANNING COMMISSION RECOMMENDATION: The Planning Commission denied the 22' x 24' garage and in lieu thereof approved 22' by 22' two-story garage to be located 17.1' from Rest Point Road at its closest point where 30' is required and recommended approval of 1,162 sq. ft. additional hardcover in the 75'-250' setback where the sum of the hardcover in the 0'-75- and 75'-250' setback is proposed to be 31.3% of the lot area in the 75'-250' setback and was limited to 25% per City Council resolution #3926. The vote was 4-2 to approve the street yard and hardcover variances. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolutions. Attachments A B C D E F G H I J K L Resolution Exhibit B Street Elevation Lake Elevation Application Plat map Topo Revised plan-22 x 24 Original Plan Minutes from 7/27 Permit Record Res. 3926 Hiji:i-04-r?'?3 03:11 P.02 03 Plarvri'M . eyriiBiTS o \ \ \ Tbbe-fewN0\/«d '‘x \ « 1 IS* serteftdc / / / r r CM 0-*Vi ’ = / / l''20' o3 E Application # g? 5*70 Date Received ^ Amount Paid 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) >s 5 9I PROPERTY INFORMATION _ Site Addres s ^OhcJ____________ Property Identification Number (P.l.D.) rp"? - V / Attach legal description to application if not included on required survey Date PropgSLAcquired S~-TLl/-?-? __________________(month/year) I (do)<go not)>lso own the adjacent parcels of land. Present-; of property: ^ residential other (specify) Zoning District: <1/P i APPLICANT Name T^jWin Address Phone (home) Phone (work ) ^3 Q • ir‘< ;)sZip:S^3^ W., OWNER (if different than applicant) Name Address: Phone (home)_ Phone (work) City:Zip: c?oDESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: IT^JJ //: (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width X Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing c^pliance with Zoning Code requirements: _____ (attach additional sheets if necessary) r REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete! tx X ^ X ^ 4. 5. 6. 7. fjdt 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 VA” x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy SYi' x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8!4" 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 your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date ^/l yHf. OWNER’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 i^. Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants mu't 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 Wyf>A7^k^K ■ 1^.6 __i£<a / « ^'' \vA \ (43) ©Ai^Pdiilt. -^1 ^li 365 3 \/4I.55 ''^glg^if Jce.i7 j> \ \ ''^ **" '\ W(63> 'nr53^\^ vj.. /'ff* '*2 I V *1 y/ /I V A ^ /(I7)Z.^«P \1 s<1 AfS^L< \::i^ /^V'\ ' \ \ >' ^r« \» ,« ^ y !'.- -1 \ \ \ < 1W/AJ=J^ ! f *4^A4.t. ^ LEGAL DESCRIPTION OF PREMISES: Lot 2S, and all that part of Lots 15 and 22, and adjacent voc6ted alley, Subdivision of Lot 14, Rest Point Pork, Lake fi^innetonko, lying Southerly of the following—described line: Beginning at a point on the C-*'theasterly line of said Lot 15, distant 75 feet Northeasterly from the Southeast­ erly corner of said Lot 23; thence Northwesterly to the Southeasterly corner of said Lot 22; thence Northwesterly on a liiuj foiming on angle of 74 degrees 55 minutes with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there ending. This survey intends to show the boundaries of the above described property, and the location of an existing house <V)d shed thereon, and the proposed location of a proposed garage. It does not purport to show any other improvements or encroachments. elevation e Iron marker found o : Iron mwker set Becvings shown are based upon an assumed datum. I hereoy cetify thol arvey wos prepared by me or under my drect aiier- vism tf>d thot I am 0 ddy registered Civil Cn^neer and Lond Surveyor irder SCALE 1"=30' O z pr ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#13) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCES Mr. Rahn was present. Van Zomeren reported that the application was for a hardcover variance to allow construction of a garage in the 75-250' setback area with a retaining wall and driveway turnaround. Previous variance were granted to convert a cabin into a year round residence. The previous resolution w’ould allow 657 s.f. of hardcover based on subtracting the amount of hardcover in the 0-75' zone from that allowed in the 75-250' zone. Planning Commission recommended denial, and the applicant requested the application be brought to Council. Mr. Rahn noted that it is difficult to build a two-car garage with driveway under 657 sT. He asked for guidance as to what might be considered. He confirmed that no variance would be needed if he did not exceed 657 s.f. of hardcover. Mr. Rahn presented a revised plan that reduced the garage to 24' x 24' and made some eliminations to reduce the hardcover to 31% or 2,453 s.f. Jabbour reviewed the history of the property. The initial Council approval was related to adding to an existing structure. During the construction, much of the existing structure was removed, and a fallen tree damaged the remaining portion. The Council then reviewed the project again and set a limit of 657 s.f. of hardcover in the 75-250' zone. Rahn agreed that discussions had taken place about a garage. Rahn noted that in the Council minutes with the previous approvals, 1,000 s.f. was discussed. His problem is building an accessory building large enough to park two cars. He stated that if he would be limited to 657 s.f., he would have to build an accessory storage building with no cars inside. Jabbour noted that each lot has limitations that the property ONvner must work with. Goetten commented that she had voted against the previous variance request knowing that a garage would be requested at some future time. Rahn distributed revised plans to the Council showing reductions in hardcover. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 i I (»13) #2390 DA VJD RAHN, 1385 REST POINT ROAD - VARIANCES - continued Kelley stated that a two car garage is reasonable for Minnesota, and would be in favor of a garage at 24’ x 24', minimal driveway and sidewalk. He noted that he also voted against the original variances but would have approved some type of garage at that time. Goetten cautioned Council to be careful in future applications when garage plans are not part of the initial proposal, especially on lakeshore lots where hardcover is an issue. Van Zomeren commented that 38% of the year-to-date building permits require some type of variance. Jabbour suggested the revised plan be referred back to Planning Commission for their review, and indicated at least two Council members were sympathetic to some type of revised plan. Kelley requested that a letter be sent to the applicant extending the application for 60 days. Flint stated that he was not sympathetic to the applicant's request, and felt the applicant should abide by the parameters established in the previous resolution approvals. He felt the minutes clearly reflected Council's intention. Goetten moved, Peterson seconded, to refer Application #2390 requesting a hardcover variance to construct a garage for David Rahn at 1385 Rest Point Road back to the Planning Commission at the applicant's request. A letter extending the application for an additional 60 days will be sent to the applicant. The applicant was in agreement. Moorse suggested the applicant meet with staff prior to the Planning Commission meeting to develop the best solution to present to the Planning Commission. Vote: 5 Ayes, 0 Nays. (*#14) #2392 THOMAS BERSCHEID, 1365 REST POINT ROAD - CONDITIONAL USE PERiMIT - RESOLUTION NO. 4134 Goetten moved, Peterson seconded, to adopt Resolution No. 4134 granting a conditional use permit to permit construction of an accessory structure on a through lot for the property located at 1365 Rest Point Road. Vote: Ayes 5, Nays 0. PERMIT RECORD 'Hes.'t l^ocicf Permit No. ;?47/ Date (>' 7«J ?'3*“7a Type of Permit £ Wi nV:Ti»s rtiiM kiTiBni r«Bcc HMfi^ ^■rjBCi^irtWB^riHfrt] MlTinfM RBsimra m [iVTIllil ^ il 11 f ^ RUi i[t] ^ I I [iWtre rtrti»i FsTOfira Lijiiinfw lOOlt itTiliilfW [tlMCtBlW MjBSF ^X«l^MWiki<rntjgiFJOMiTra MXtl tkiHIfllKIBlICfTt tMtmrt]ItHtli rtJliTi^r.iim CITY of ORONORESOLUTION OF THE CITY COUNCIL NO. ^ ^ S B CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants •. iriances for hardcover in the 0-75' setback to increase from 609.25 sq. ft. (9%) to i 320.75 iq. ft. (19%) where none is allowed, to allow a side yard variance for the second story to be located 5.3’ from the south property line where 5.3’ is existing and 10' is required, and to allow a lakeshore setback at the same distance from the shoreline as the existing residence where 75’ is required per Municipal Zoning Code Sections 10.24, Subdivision 5 and Section Subdivisions 1 and 2; and grants a conditional use permit for land alteration in the 0-75' setback and floodplain per Section 10.56, Subdivision 10 and Section 10.55 to permit an addition to an existing structure located within the lakeshore setback on a zoning lot that includes floodplam, subject to the following conditions: No new hardcover shall be allowed in the 0-75’ setback. Further, any new hardcover in the 75-250’ setback shall be reduced by the amount of hardcover in the 0-75’ setback. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit and Ian alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (July 14, 1998). 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 authonty 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. ■''; .^T-i^Adopted by the Orono City Council on this 14th day of July, 1 ->7. • f * XmST:,' ■ J/i 3. 4. V^ borpthy City Clerk GabrieMabbour, Mayor Prbperty.Owner(s) Page 3 of 4 Application Date: 6/23/98 Completion Date: 8/10/98 60 Day Deadline: 10/9/98 COUNCIL MEETING AUG 2 4 1998 C ITY OF ORONO rf :q0est for council action DATE: 8/19/98 ITEM NO * (o Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2391 Evan Anderson 1260 Spruce Place Variances and Conditional Use Permit Zoning District: LR-1 B Lot Area:11,736 One Family Rural Residential District square feet (.27 acre) Application: The applicant has applied for an after-the-fact variance for hardcover to allow a patio to remain in the 0-75' distance from the lake. The patio is replacing a deck that was removed in the same location. Also, variances are necessary for hardcover in the 75-250' lakeshore setback to allow for the patio and the reconstruction of an old garage. The garage would also require a variance from side yard setback for an accessory structure. This application will also require a Conditional Use Permit for retaining walls that have already been replaced on the property. Section 10.03, Subd. 19 of the Zoning Code prohibits any repair or replacement of retaining walls on lakeshore property without a Conditional Use Permit. The applicant has removed old wooden retaining walls, that were in disrepair, and replaced them with concrete walls. It should be noted that the applicant did not do any grading or filling on the property. A condition of approval must include a variance to allow retaining walls within the shore setback zone. . = PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 2 vote to: 1. Approve after the fact variances to allow 18.5% hardcover in the 0-75' lakeshore setback and the 75-250' setback to remain at 55.3% hardcover. 2. Approve structural coverage to increase from 16.9% to 17.3% to allow the construction of a 22' by 22' garage. 3. Approve a side yard adjacent to street setback to allow construction of a garage 5 feet from the lot line. 4. Approve an after the fact Conditional Use Permit to allow the replacement of retaining walls on the lot and a variance to allow retaining walls within 75' of the lake. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. j A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L)(2); SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.03, SUBDIVISION 9 (D); SECTION 10.56, SUBDIVISION 16 (C)(5) AND AN AFTER THE FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #2391 WHEREAS, Evan Anderson (hereinafter "the applicant") is owner of the propel^ located at 1260 Spruce Place within the City of Orono (hereinafter "City") and legally described as follows: Lot I, Block 10, Saga Hill Revised, together with that part of vacated Lake Street adjoining said Lot I, Block 10 as shown on the survey attached to the notice of vacation in Book 848 of Miscellaneous, page 596, Document No. 3213583, filed in the office of the Register of Deeds, Hennepin County, Minnesota (hereinafter the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Smtutes and the City of Orono Zoning and Planning Codes, the Orono Planning Conunission held a public hearing on August 17, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and . WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit hardcover in the 0-75* lakeshore setback where none is allowed and 4^21 7 sq. ft. (55.3 /o) of hardcover in the 75-250 ’ lakeshore setback where only 25% is allowed; Section 10.03, Subdivision 14 (C) to allow structural coverage to increase from 1,992 sq. ft. Page 1 of 5 (16.9%) to 2,033 sq. ft. (17.3%); Section 10.03, Subdivision 9 (D) to allow an accessory structure to encroach 5' into a side yard adjacent to the street setback where 10 is flowed; and Section 10.56, Subdivision 16 (C) (5) to allow retaining walls to be replaced within 75' of die lakeshore, and an after the fact Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow the replacement of retaining walls on the property. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2391. The property is located in the LR-IB, Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .27 acres or 11,736 sq. ft. The Planning Commission reviewed this application on August 17, 1998 and recommended approval on a vote of 4 to 2. 4. The Planning Commission made the following findings of fact: A. The property suffers from excessive drainage resulting in erosion on the property. B. Lake Street is a platted as a street, but is not developed. C. The retaining walls are being replaced not constructed for the ftrst time, D. No grading or filling has occurred on the property. E. Variances for hardcover and retaining walls and the conditional use permit are after-the-fact issues. Page 2 of 5 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting an after the fact conditional use permit to allow the installation of a retaining walls 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 property, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 760 sq. ft. (18.5%) hardcover in the 0-75' lakeshore setback where none is allowed and 4,221.7 sq. ft. (55.3%) of hardcover in the 75-250’ lakeshore setback where only 25% is allowed; Section 10.03, Subdivision 14 (C) to allow structural coverage to increase from 1,992 sq. ft. (16.9%) to 2,033 sq. ft. (17.3%); Section 10.03, Subdivision 9 (D) to allow an accessory structure to encroach 5' into a side yard adjacent to the street setback where 10 is allowed; and Section 10.56, Subdivision 16 (C) (5) to allow retaining walls to be replaced within 75’ of the lakeshore, and an after the fact Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow the replacement of retaining walls on the property, subject to the following conditions: Page 3 of 5 1. 2. 3. 4. 5. 6. 7. 8. The applicant receives approval for a variance from allowed hardcover in the 0- 75' distance from the lakeshore. The applicant receives approval for a variance from allowed hardcover in the 75- 250' distance from the lakeshore. The applicant receives approval for a variance to allow retaining walls within 75' of the lake. No other grading or filling, or no repair or replacement of retaining walls will commence on the lot without City approval. No additional structural coverage or hardcover shall be permitted on the lot. Authorities granted by this variance run with the property not with the applic^t, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the variances and special conditions of this resolution will expire on that date (August 24, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 5 Adopted by the Orono City Council on this 24th day of August, 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 24th day of August, 19^8, 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 5 of 5 ! I CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2391 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 8/17/98 TO;Evan Anderson 1260 Spruce Place Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Vairiance/Conditional Use Permit DATE OF MEETING; 8/17/98 VOTE:4 FOR 2 AGAINST Planning Commission recommends the following: Approval as submitted with the following changes: • The allowed structural coverage to increase from 1,992.75 s.f. (16.9%) to 2,033.35 s.f. (17.3%) on the lot. • Hardcover in the 75-250' setback to remain 4,221 s.f. (55.3%). NOTES AND SPECIAL CONDITIONS: Applicant’s next scheduled meeting is confirmed as: City Council August 24, 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. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2391 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 13, 1998 SUBJECT: #2391 Evan Anderson 1260 Spruce Place Conditional Use Permit—Variances-Public Hearing Zoning District: LR-1B Lot Area:11,736 One Family Lakeshore Residential District (1 Acre) square feet (.27 acres) Application: Lot History: . The applicant has applied for an after-the-fact variance for hardcover to allow a patio to remain in the 0-75' distance from the lake. The patio is replacing a deck that was removed in the same location. Also variances are necessary for hardcover in the 75-250' lakeshore setback to allow for the patio and the reconstruction of an old garage. The garage would also require a variance from the side yard adjacent to the street setback. This application will also require a Conditional Use Permit ft)r retaining walls that have already been replaced on the property. Section 10.03, Subd. 19 of the Zoning Code prohibits any repair or replacement of retaining walls on lakeshore property without a Conditional Use Permit. The applicant has stated old wooden retaining walls that were in disrepair were replaced with concrete walls. It should be noted that the applicant did not do any grading or filling on the property. Comparing a survey from 1996 to the new survey it appears that several retaining walls have been added, to include the area within 75' of the lake. A condition of approval must include a variance to allow retaining walls within the shore setback zone. On its May 27, 1997 meeting the City Council granted a variance from hardcover in the 75-250' setback to allow a roof to be built over the entrance of the residence. E\an Anderson 1260 Spruce Place Idrtances and Conditional Use Permit s/rm Page I This application will require the following variances: 1.Hardcover within 0-75’ of the lake. The total hardcover within the 0-75’ distance of the lake is 760 s.f (18.5%). A portion of the hardcover is permitted as steps, provided the applicant receives a building permit. 2. Hardcover within 75-250’ of the lake. The total hardcover existing is 4,221.7 s.f. (55.3%). The proposed hardcover would be 4,271.3 s.f. (56.0%). The increased hardcover would be a result of a larger garage and a portion of the patio outside of the 75’ setback. 3.Structural coverage to exceed 15% on the lot. The existing structural coverage 1,992.75 s.f (16.9%). The proposed coverage would be 2,033.35 s.f (17.3%). 4.Side yard adjacent to street setback for an accessory structure. The proposed new garage would replace an existing garage. The setback would not change, but the new garage is nrnnocpH fn he 7' wider than the existinc buildine. The setback would be 5’ where 10’ isproposed to be 2 ’ wider than the existing building required for an accessory structure. 5.To allow retaining walls within the 75’ shore setback. This variance must be approved to allow the Conditional Use Permit. Section 10.56, Subd. 16(C)(5) prohibits retaining walls from be placed within the shore setback zone. This application requires the following Conditional Use Permit: 1.A Conditional Use Permit is required to allow the replacement of the retaining walls on the property. This is an after-the-fact issue._____ Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.22, Subd. 1(B): Average Lakeshore Setback Regulations Section 10.56 (16)(C)(6): Average Lakeshore Setback Regulations Section 10.03: Accessory Structures Section 10.56, Subd. 16(C)(5): Placement of Retaining Walls Section 10.03, Subd. 15(C): Non-Encroachments Section 10.24: LR-IB One Family Lakeshore Residential District Evan Anderson 1 260 Spruce Place Variances and Condtttonal Use Permit s/rm Page 1 LR-IB (1 Acre) Lot Area Lot Width Lakeside Yard Side Yard Rear Yard Street Yard Required 43,560 s.f.100’75’10’35’ 10’for acc. structures 35’ 10’ for acc. structures Proposed 11,736 s.f.52.6 ’Existing: 70’Existing: 5’ir 5’ Proposed: 70’Proposed: 5’ Structural Coverage Total Lot Size Total Structural Coverage Percentage 11,763 s.f Existing: 1,992.75 s.f Proposed: 2,033.35 s.f 16.9% 17.3% The lot does not meet the 15% structural coverage requirement. A variance would be required to build a new or larger garage. ANALYSIS Conditional Use Permit > For the replacing of retaining walls. The applicant has stated no grading work or filling has been done on the property. 2. 3. 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 applicants have built retaining walls within 75' of the lake. If the Conditional Use Permit is approved a variance from tlie Zoning Code is necessary. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The location of the conditional use would not be detrimental to public health. They have replaced the retaining walls to prevent further erosion on the property. Most of the drainage in the area drains through Lake Street and the applicants property. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The applicants are required to have a variance approved by the City for the retaining walls within 75' of the lake. Evan Anderson 1260 Spruce Place l ariances and Conditional Use Permit 1 7/98 Page 4 STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Issues 1. This application contains several issues: A. Replacement of the existing garage. The new garage would be 40.6 s.f. larger than the existing garage. B. Adding hardcover in the 0-75' distance, and adding hardcover in the 75-250’ distance. Both require after-the-fact variances. C. A Conditional Use Permit to allow the replacement of retaining walls. This also is an after-the-fact situation. 2. 3. 4. 5. The property suffers from excessive drainage resulting in erosion on the property. At times Lake Street complete fills with water runoff for periods of time. Lake Street offers a buffer zone to the neighboring property. A variance for hardcover in the 75-250' was issued last year for a roof to cover an entrance to the house. Some retaining walls show on the new survey that were not on the survey completed in November of 1996. STAFF RECOMMENDATION Staff recommends approval of after-the-fact variances for hardcover to allow the patio and retaining walls to remain as the property suffers from excessive water runoff and erosion. Also, staff recommends double permit fees for all improvements made prior to obtaining a building permit. Staff recommends approval of a variance from side yard adjacent to street setback requirements to allow the construction of a garage 5* from the lot line, as the impact on tlie neighboring property is minimal. The properties are separated by Lake Street, which is maintained by the property owners. Although, Staff does not recommend increa<:ing the size of the garage. The recommendation is to replace the garage with another of tuc same size to eliminate a lot coverage variance. ^2S9i Evan Anderson /260 Spruce Place yariances and Conditional Use Permit S/17/98 Pages Staff recommends approval of a Conditional Use Permit for the replacement of retaining walls due to excessive erosion of the property. The replacement of the wood retaining walls with concrete will solve »he applicants maintenance problems subject to the following conditions. 1.The applicants receive approval for a variance from allowed hardcover in the 0-75' distance from the lakeshore. 2. The applicants receive approval for a variance from allowed hardcover in the 75-250' distance from the lakeshore. 3.The applicants receive approval for a variance to allow retaining walls within 75* of the lake. 4. No other grading or filling, or no repair or replacement of retaining walls will commence on the lot without receiving approval from the City. 5.A building permit must be applied for in a timely matter, with all new additions being approved by the Building Official. Attachments A B C D E F G H I Application and Statement of Hardship Plat Map Location Map Old Survey New Survey Topographic Map Hardcover Calculations Property Owners List Permit Record ^2391 Evan Anderson i 260 Spruce Place Variances and CondtUom*! Use Permit 8/rm Paget « « • • « * * ' ^ I • *1 - • Date Received A Amount Paid _____ 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) a. Moo.M M>J Property Identification Number (P.I.D.). Attach legal description to application if not included on required survey. Da.e ProKlW Acquired____________/Uh_________________________^(month/year) I (do) (^n§) also own the adjacent parcels of land. Present usem property: J/ residential Zoning District: other (specify). .•* % K. 1 APPLICANT Name Address: /ZC:>0 /'C • City: OWNER (if different than applicant) Name ______ ^A€"________________ Phone thome't 4^1" Phone (workl i\\viO _____Zip: V rt^» • d Phone (home). Phone (work). Address:City:.. Zip- Estimated Construction Cost $DESCRIPTION OF REQUEST ---------------------- _-r------------ (7^ Describe .request in detail: ^CE /f*tJTT'' (attach additional sheets if necessary)^ jCiST^Nc?- rt^r6*sr >1 — uoAicrt Y«?AfS C>^0 fVtvO nJ VARIANCES REQUIRED a ✓ r * r- Lot Area Lot Width X Hardcover -----Lot Coverage it- Setback:Front*Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preveming 1?_____- .JaI. r/____/PI Al ^efcACc:compliance with Zoning Code rp^nlrpm^nts: n.o-rr<^^ ^ '±^—- Mot PA-nn. r^ErruJit ‘J . O^ALf^ f (x'^Lf^erYxeud LeadO Lor~/C.LA'Y 0^^ ' (attach additional sheets af necesstuy^ fJ'&S ^ STTc^ET (68) N se9*o4s*w 192. az_____^ LOMA I-INOA AVE Is I 283 -\ ( 14) 15 V 270 (15) 16 248 filed 10-15-71 DOC NO 3312082 ^ (2) ^ 197 (p ci* 164.5 / / '\ 4 190 , S 2. .<4 165 ----VAC 12-2 -64 1 r\n) 4 :* ^ rc'i ..» • • filed T 135.85 IL ^ a a a ■* ^ c=?^237.5 h V a a 230.6 u .\ 1• a a 6(22) 234.5 1 1 \*s BAnnc no . oFOBi cm 0 S/ 0 • J» •? 400 -1 * V •v> ■ Norti i • i# •*m ^ A ^ . • . HIGH s u SCHRBTINE or : •A.* ^ •/ % A V -J EAST . •>. • ri '^ '\ oL- * 4 • I V» ^ y;::VS.*’^'. u -St.FOX r .^ •.. » * • »-•••'* %i.: h3 :tiy 3AV v.% A A •' •ia::* ■>. •iv> -s*.-**.V :'^-; '•--v * -.,• JV • C V ‘ *%• .. •- »:<; <>«► t t. 7 •» • * • ■ * X • .-• t'-West ' •*' ^ »••^^ * - - '*• '•• I t . • :.• V. i***^ ^ ■‘.i * * -•• • • : Vr/ V'lUDO/ "M/f§I J A BUILDING PERMIT SURVEY FOR: ^y/?A/ P.^A P' I» 2^ i2^^: - \ tis :t U 7^'’® 7f Y Lot i, aiock 1C, Saga Hill Revised. to'geVher Tuh that part of vacated Lake Street adjolnltu s*ld Lot 1. Block 10 as shown ll!i^*^;i05?^. to the notice of vacation In Book of Miscellaneous, page ^ Minnesota * I filed In the office of the Register of Deeds, Hennepin County. Mlnneso . □ - WOOD STAKE PLACED O ■ IRON MON. SET B.M. - BEARINGS ON PROPOSED INFORMATION ASSUMED DATUM _________1st FLOOR ELEV. ________BASEMENT ELEV. * DRAINAGE 000.0 « EXIST. ELEV. (o00.o)» PROPOSED ELEV. • » IRON MON. INPLACE GARAGE FLOOR ELEV. TOP BLOCK ELEV. SCHOBORG ND SURVEYING INC. •73-3S1 I hereby certify that this plan, survey or report was- prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lavrs o( the Slate of Minnesota q ------------------------------------------------ Oate: ^ /f9^ Registration No. 14700 000.0 ■ ^ JOBi 477f Book - Page 3?'/^ Scale building permit survey FOR:fy/JA/ /l^/n^£saAL f. tr*»' • \v''N.W i^y t^L iI ff ‘•mt'*>■ ■/90U1 >♦\ 72^". .C 7^" together that pert of o e WOOD STAKE PLACED B.M.- BEARINGS ON assumed datum 0 • IRON MON. SET PROPOSED INFORMATION __________ 1st FLOOR ELEV. basement ELEV. IRON MON. INPLACE garage FLOOR ELEV. ,T0P BLOCK ELEV. . OBA.NAGE 000.0 - EX>ST. ELEV. M' PH°POSE° E^V------- :=;SB:iSSSBr. ol Minnasott n noo 0 ■ EXIST. & PROP. ELEV. Date Ragiatration No. 14700 JOB • 4775- book - Page 39-/? Scale f ■ 20NE: (CIRCLE ONE)7^250< n —— -’MWOO'500-11 P,A. House SG HARDCOVER TN 7QNF zo Jdn L4nfe>WUtt B. Ginge C. Driveway D. Sidewalk X X X E. Pttio/Deck ^ ^i)cO/C ____________________ F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X s . yzsr 0. Other 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 • G? \or^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY .\REA IN ZONE ., •A TLd ^ B 4! 16 y^Z/O S.F. X 100 - PROPOSED HARDCOVER IN ZONE A. House ______________ LtCfCl wwai B. Garage C. Driveway 0. Sidewalk E. Patio/Oeck F. Landscape Underlain By Plutic Or Fabric X X X X X X X X X X X X _____S.F. _____S.F. S.F. G. Other TOT.AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ B .X 100 - S.r. sw t e • s ^ S.F. S.F. S.F. S.F. S.F. S.F. S.r. S.F. S.F. % A B A S' ^^^aiTBACK 20NE: (CIRCLE OPfE) • 0 CTISTTNC HARnCQVER IN ZOr>fE A. House ____________ L4nfih (K7S' D. Sidewalk ______ E. Ptiio/Deck _____ Luac Zc F. Landscape Underlain By P.astic Or Fabric G. Other X X X X X X X X X X X X wua 2^3 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE • A 42-7J.3 - B T^.Z6 X 100 - jOD-lM /37Z. ^ U -”2 S.F.S •"“S.F. ■» ““s.F. 4-77, ?_ S.F. //?3 S.F. 'Z^l _S.F. /35"S.F. /o “s.F. S.F. -S.F. S.F. » *S.F. m 3 _S.F. _S.F. 4llL2 S.F. A S.F. B % A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Uoderiaio By Plutie Or Fabric G. Other UofCi WWtfl X X X X X X X X X X X X TOT.U. HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B 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. XlCO - S.F. S.F. S.F. % A S' RUN DATE 03/07/97BATCH 504PROP AODR OHNER NAME TAXPAYER NAHE/AOOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 07-117-23 41 0076 •01254 LOHA LINDA AVE K L HOFFMANN A L S HOFFMANN , KENNETH L A LINOA S HOFFMANN 1254 LONA UNDA AVE MOUND MN 55364 38 07-117-23 41 007701254 LOHA LINOA AVE K L HOFFMANN A L S HOFFMANN / KENNETH L A LINOA S HOFFMANN 1254 LOMA LINOA AVE mound MN 55364 REPORT NO. PI435601 PAGE 1138 07-117-23 41 0078 01295 SPRUCE PL HENNEPIN FORFEITED LAND CITY OF ORONO CONVEYED2/8/82 ST DEED 161147 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 08-117-23 32 0005 01220 • LOHA LINDA AVE H HYATT MOE ETAL H HYATT MOE / 825 SO 8TH ST MPLS MN 55404 38 08-117-23 32 0007 01240 SPRUCE PL D A HALLNER A L J HALLNER DAVID A HALLNER 1240 SPRUCE PL mound MN 55364 38 08-117-23 32 0008 01250 SPRUCE PL H H HOLFE ETAL H N HOLFE 1250 SPRUCE PUCE ^ MOUND MN 55364 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 08-117-23 32 0012 01260 SPRUCE PL E A ANDERSON ET AL TRUSTEES EVAN A ANDERSON 1260 SPRUCE PL / mound W 55364 ' 38 08-117-23 32 0013 01270 SPRUCE PL K H A E E ERICKSON | KENNETH A ELAINE ERICKSON 2773 CASCO POINT RO HAYZATA MN 55391 38 08-117-23 32 0014 01280 SPRUCE PL P J A S J SCHUELLER PAUL J A SUSAN J SCHUELLER 1280 SPRUCE PL MOUND MN 55364 PROP ADDR OHNER NAME TAXPAYER ■ NAME/ADDR 38 08-117-23 32 0015 01290 SPRUCE PL HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND 96U0 1/23/97 THURSDAY 9:00 CITY RES 2088 >«. 08-117-23 32 0016 iiroo SPRUCE PL HILLIAM G AHERN WILLX l’< G AHERN ) 1300 PL MOUND MN 55364 TOTAL BATCH 504 00011 OF MY KNOHLEDGE AND BELIEF.3DATE 1 M REQUEST FOR COUNCIL ACTION COUNCIL WEETtNO 2 4 CifV C " OBONO Date: August 19,1998 Item No. Department Approval:Administrator Approval:Agenda Section: Zoning Name: Michael P. Gaffron Title: Senior Planning Coordinator Item Description; #2398 Wayzata Country Club, 200 Wayzata Boulevard - CUPLand Alterations - Resolution Zoning District:RR-IB, Single Family Rural Residential, 2 Acre (Wayzata C.C. operates under a CUP originally issued in 1968). List of Exhibits A - Resolution for Tee and Bunker Plan B - Comments from DNR 8/13/98 C - Memo and Exhibits of 8/13/98 Summary of Request Wayzata County Club requests Conditional Use Permit approval of a master plan for upgrading the course including: 1. Reconstruction, relocation or addition of tees for each of holes #1-18. 2. Reconstruction, relocation and or addition of bunkers (sand traps) along most fairways and aro 'ost of the greens for holes #1-18. The bunker reconstruction also Ui. olves installing drain tiles outletting to existing ponds or drainageways. 3. Expansion of 3 pond areas on the property, two of which are wetlands subject to City and MCWD/Corps of Engineers regulation, and the third of which will be in a low area that may or may not may be wetland but is not on any wetland maps. Note: Staff has been advised that the proposed work is likely to be accomplished over a periad of perhaps 5 years, more or less, and as wc indicated to the applicants representative Mr. Oberhauser in 1997 (Exhibit H of 8/13 memo) the City would prefer to review the entire plari comprehensively, issue a blanket conditional use permit for those items not needing further Council review, and have staff review the individual land alteration permits for the various phases as they are constructed each year. #2398 Wayzata Country Club August 19, 1998 Page 2 Review of Potential Impacts A hole-by-hole review of the proposed land alterations is included in the 8/13/98 staff memo. A majority of the proposed plan has little or no impact on neighboring properties and should have no negative environmental effects. Grading plans for most of the tee and bunker reconstruction have been provided. Additionally, a plan for the drain tile system for the bunkers has been submitted, and since the bunkers will primarily be discharging rain water that falls directly in them, there should be no detrimental environmental impact from their eventual discharge to receiving waterways. Certain of the proposed tee locations will be near road or Luce Line rights-of-way or residential lot lines. The zoning code does not specify a minimum setback for golf course tees, the only clear direction in the code is that grading within 5' of a lot boundary would be considered as unusual grading and require special conditional use permit approval. It would appear that all of the proposed grading can (and should) be accomplished without encroaching within the 5' protected zone at lot boundaries, including the Luce Line boundaries. It will be critical, however, in a few areas as noted above, to verify lot lines and tee locations at the time an an'*ual project permit is issued, to avoid encroachment into neighboring properties. Planning Commission consider whether it would be 'appropriate to establish a minimum setback for tees from property boundaries, based on the activity impact on adjacent properties. For instmee, where a tee has historically been, say, 50' from a residential lot line, and a new proposed tee will be very near the lot line, that will change the degree and nature of activity near the residential property. Planning Commission received no comments from the public and concluded that the tee locations were likely notan issue. Tee reconstructions are expected to each involve placement of fill materials in an amount possibly ranging from 50-500 yards each. The applicants' consultant has estimated the total earth movement involved, including the ponds, at 27,500 cubic yards, mostly moving material from place to place on the site and not necessarily needing to import or export materials. Approximately 2,000 cubic yards of sand will be imported for the bunkers. Pond Expansions Will Require Additional Information The proposed pond expansions appear to staff to be conceptually not only appropriate but beneficial in terms of the City's comprehensive storm water management planning. They will create additional storage volume in areas that receive direct golf course runoff, therefore having a potential to provide some retention of nutrients from the runoff. However, virtually no pond design detail has been submitted, and a significantly higher level of engineering detail would be required before a CUP and b. c. 1. #2398 Wayzala Country Club August 19,1998 Page 3 land al.em.ion permi.s could be issued for .he pond cons.ruc.ion. Tha. de.ail would include as a minimum. ^ delinea.ion by a wie.land professional. Grading plan including exis.ing and proposed con.ours Conf.rma.ion of MCWD/DNR/Corps of Engineers P= J'‘; d. Olher engineering derail work as maybe appropna.e for each specific sue. Master Plan Approval/Condi.ional Us. PermiULand Alteration Permit Process In die past the City has »PP'“';''* Wado^rio^rof my ?to 5 years. be dia. die City adopt a resolution for concept plan and conditional use permit approval subject to the following condition . The tee and bunker reconstructions are approved per f to further Planning Commission/Council review. Thesubmi«alforeachyeafsp.answouk.have.om^u^^ those portions of the course where grading will be near lot lines me staked and dia. grading will no. encroach within 5 of those lot lines. The Country Club is advised to have diis re“; S;”e"u« of Wayzata boundaries. The ponds to be expanded on holes «5.6. 12 vwH detail and review by other jurisdictional p„„a requires a sin™ ShyVotected™ ^ Because the demil required for review 2. 3. 4. 5. 6. #2398 Wayzata Country Club August 19,1998 Page 4 is lacking, the Council shc-uld only act on the tee and bunker concept plan at this time, and keep the current application open for the time being until the additional data is provided for the ponds. This will allow the tee and bunker projects scheduled for this fall to proceed without delay. DNR Comments Please review the attached letter from Martha Reger of the DNR regarding potential boundary conflicts that need to be avoided. Planning Commission Recommendation Planning Commission reviewed this item at their August 17 meeting. No any comments. Planning Commission voted 6-0 to recommend approval of the tee program as proposed, but recommended that a recommendation on PO“J expansions be J rtuTore detan has been provided. Planning Commission did not feel *at a minimum pro^r^ line setback for tees be established, other than adherence to the City's 5 setback for any site grad g. Staff Recommendation Staff recommends approval of a conditional use permit to approve the concept plan for the tee and bunker program as submitted, with the conditions outlined above. The proposed pond expansion rspedfically not approved in the attached resolution, and will require that additional engineemg detaiTbe subLtted for staff and Planning Commission review under the merits of each pond expansion project must be taken into account once the required detail plans submitted, and other agencies may require permits for this work. COUNCIL ACTION REQUESTED 1 Adopt the attached resoiuUon granting master plan approval for the “"“f, bunkers atWayzata Country Club, which will allow them to obtain the required land alteration permits for the tee/bunker work proposed for 1998. 2 Advise the applicant that the proposed pond expansions appear to be appropriate m con^t bM will not be consLred for approval until the required detailed engineering work has been submitted, and reviewed by staff and the Planning Commission. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03 SUBDIVISIONS 19-21 FILE NO. 2398 WHEREAS, Wayzata Country Club (hereinafter the "applicant") is owner of the property located at 200 West Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: EXHIBIT 'A' ATTACHED (hereinafter the "property"); and WHEREAS, the applicant has made application for a conditional use permit for land alterations regulated under Zoning Code Section 10.03, Subdivisions 19-21 for the purpose of constructing or reconstructing tees and bunkers, and to permit the expansion of 3 pond areas on the property. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2398. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on August 17, 1998 and recommended approval of the conditional use permit for the tee and bunker construction/reconstruction elements of the proposal based on the following findings: a.The tee and bunker plan involves reconstruction of existing tees and bunkers and/or the creation of new tees and bunkers on each of holes #1-18. Page 1 of 6 4. 5. d. b. No parts of the tee and bunker plan involve excavation within designated City wetlands or in wetlands designated by the National Wetland Inventory. c Each of the many individual grading projects (which as a group comprise the tee and bunker plan) appear from the submitted grading plans to have no impact on neighboring properties, and none will result m changes in the characteristics of the watershed. A majority of individual projects will involve fill in amounts less than 500 cubic yards. Tlie proposed expansion of ponds on holes #5,6 & 12 svill require additional detailed review as well as potentially require permits from other agencies with jurisdiction over wetlands. The ponds on #6 and #12 are NWI wetlands and that on #6 is also a City-protected wetland. e. The proposed tee and bunker construction/reconstruction program is intended by the applicant to take place over a period of years, and it would be appropriate that the City approve the entire master plan for such constructioiV reconstruction and allow City staff to issue a separate land alteration permit each year to the applicant for project elements proposed for that year, without requiring additional Planning Commission or Council review. The City Council has considered this application including the findings ^d recommendations of the Planning Commission, reports by staff and comnients of Ae applicant and the effect of the proposed use on the health, safety and welfare of community. The Citv Council finds that granting a conditional use permit for the constmction and/or reconstruction of tees and bunkers as proposed will not be detrimental to th health, safety or general welfare of the public, would not adversely affect l.ghU a^r nor pose a fire hazard or other danger to neighboring property, nor will it depreci^e surrounding property values and that the proposed level of use of the propert> wi be in keeping with the intent and objectives of the Zoning Code an ompre ensi Plan of the City. Page 2 of 6 r CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section 10.03. Subdivisions 19-21 to permit the construction and/or reconstruction of tees and bunkers per the Master Plan by John Fought Design dated December 5, 1997. Approval is subject to the following conditions: 1. 2. 3. 4. 5. 6. The tee and bunker reconstructions are approved per the submitted plans, subject to issuance of a land alteration permit to be obtained annually by Wayzata Country Club prior to commencing that specific year's projects. Any plan revisions would, at staff discretion, be subject to further Planning Commission/Council review. The submittal for each year's plans shall include a more detailed survey for those portions of the course where grading will be near lot lines, to ensure that lot lines are staked and that grading will not encroach within 5' of those lot lines. The applicant is advised to have this concept plan reviewed by, as a minimum, the Minnehaha Creek Watershed District, the DNR and the City of Wayzata to establish whether any additional approvals are required for the tee or bunker program by those agencies. All grading work shall be subject to conformance with the "Best Management Practices for Protecting Water Quality in Urban Areas", and proper erosion controls and immediate revegetation of all disturbed areas shall be required. The ponds to be expanded on holes #5,6, and 12 are specifically included in this approval. Land alteration work involved with these pond expansions will require additional engineering detail and review by other jurisdictional agencies prior to approval. Note that specifically in the case of the pond on hole #6, the expansion of the pond requires a variance since it is a Ci^'-protected wetland. Authorities granted by this resolution rur • i( * ' :e property not with the owner, but are permissive only and must be exercis:d by pplication for an initial annual land alteration permit within one year of the dale of Council's approval, or the special conditions of this resolution will expire on that date (August 24, 1999). Page 3 of 6 ! ■ > I 7. 8. Violation of or non-compliance with any of the terms and conditions of this [e™ Z?, ^"all automaticallyterminate any authonty granted herein, and shall be punishable as a misdemeanor The undersigned authorized representative of Wayzata Country Club has read 1 Page 4 of 6 Adopted by the Orono City Council on this 24th day of August, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) • forgoing instrument was acknowledged before me on this 24th day of August, 1998 by Gabnel 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 5 of 6 ? ■ ft STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. , 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 6 of 6 M PHONE NO. STATE OF Eden Prairie, MN 55344 (612)826-6769 FILE NO August 13,1998 Mr. Mike Gaffron City of Orono 2750 Kelly Parkway, P.O. Box 66 Ciystal Bay, MN 55323 Dear Mike: Per our conversation and meeting regarding the Wayzata Country Club’s request for a conditional use permit, I have the following comments to offer: 1. I noted on the survey provided by the Country Club that it indicates the Luce Line Trail is an easement on Country Club property. The property is actually owned by the State of Minnesota, in fee title, with the Country Club having a lease for a cart path/maintenance road across our property. This should be clarified on any future plans. 2. Hole #6 has some potential boundary issues with respect to the cart path and tees. I am not sure at this time due to the lack of details, but those items look to be extremely close to our boundary, if not right on it in some cases. 3. Hole #17 has the same boundary line issues with respect to the placement of new bunkers. There is also some line that is identified on the plan which extends out on to state propery, but I’m not sure what it is. I would obviously have a concern with any potertial use of our property. 4. I also have some potential concerns with holes #8, #15,# 18, but don’t have enough detail at this time to determine if our concerns warrant further discussion. Overall 1 have no problem with the concept, but ask that further detail be provide on the above specific concerns before actual construction takes place. At that time I can make a better determination as to the exact impact to the State Trail property. If you have any other questions please feel free to contact me. I appreciate the opportunity to comment on this project and look forward to hearing from you more on it. Sincerely, 1^4 '1^ Cl Martha J. Reger Area Trails and Waterways Supervisor AN EQUAL OPPORTUNITY EMPLOYER Subject: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator August 13, 1998 #2398 Wayzata Country Club, 200 W Wayzata Blvd - Conditional Use Permit - Public Hearing Zoning District:RR-IB, Single Family Rural Residential, 2 Acre, (Wayzata Country Club operates under a Conditional Use Permit dating to 1968). Summary of Request Wayzata County Club requests Conditional Use Permit approval of a master plan for upgrading the course including: 1. Reconstruction, relocation or addition of tees for each of holes #1-18. 2. Reconstruction, relocation and or addition of bunkers (sand traps) along most fairways and around most of the greens for holes #1-18. The bunker reconstruction also involves installing drain tiles outletting to existing ponds or drainageways. 3. Expansion of 3 pond areas on the property, two of which are wetlands subject to City and MCWD/Corps of Engineers regulation, and the third of which will be in a low area that may or may not may be wetland but is not on any wetland maps. . I- % \ »• List of Exhibits A - Application B - Plat Map C - Property Owners List D - Reduced Version of Boundary Survey (full size survey on file) ^ E - Excerpts from Bunker and Tee Relocation Plans ' ' F - Excerpt from Draft City Storm Water Management Plan ‘ i G- Excerpts from Proposed Master Plan H - 1997 Letter to Oberhauser 1 - Previous Approval Resolutions Note: Staff has been advised that the proposed w’ork is likely to be accomplished over a period of perhaps 5 years, more or less, and as we indicated to the applicants representative Mr. Oberhauser in 1997 (Exhibit H) the City would prefer to review the entire plan comprehensively, issue a blanket conditional use permit for those items not needing further Council review, and have staff review the individual land alteration permits for the various phases as they are constructed each year. Zoning File #2398 August 13, 1998 Page 2 Review of Proposed Land Alterations Area I - Southwest of Old Long Lake Road Holes #10-11-12-13 #10 a. b. c. b. c. d. e. #12 a. b. c. d. e. C i. #13 a. b. c. Construct 5 tees to replace existing tees (most easterly tee will be 30' from road pavement, approximately 10' from right-of-way, plans do not show right-of-way boundary on grading plan). Note that this construction is actually in the City of Wayzata. Construct a new bunker on low ground halfway down the fairway. Construct 2 new bunkers near green: drain tile bunkers to existing ditch on north side of hole #10. Reconstmct cart path to #11. Construct 4 new tees to replace existing tees. These will be near the west property boundary (detail needed to confirm how close). Remove 2 trees along right side of fairway just north of tees. Reconstruct the 2 fairway bunkers. Reconstruct bunkers near green. Drain tile bunkers to existing ditch (right side) or wetland (left side). Replace/reconstruct/build 5 tees. Remove trees along left side of fairway. Reconstruct and greatly expand the existing pond at dogleg. This is a NWI wetland but not on the City's 1974 inventory. This \.etland expansion requires MCWD/DNRyCorps of Engineers review, but no detail has been submitted to the City for review, and this would require a separate application at the time this work is proposed. Expand fairway to the west around the pond expaiision (intent is to replace rough sod with fairway sod, no grade change anticipated) The r.'‘ea further west is also a NWI (but not City'' wetland that has been ditch/drained m the past. Reconstruct bunkers near green. Drain tile bunkers to existing pond near green, which pond is also a non-city NWI wetland. Renlace/rebuild/add 4 tees, nearest about 45' from the traveled road or about 20-25 from the right-of-way. Relocate 2 bunkers near green, add a third bunker. Drain tile bunkers to pond near #12 dogleg. Zoning File ^2398 Aug»-t 13, 1998 Page 3 Area II - North of Luce Line Trail - Holes #2. 3.4. 5, anH 7 #2 a. b. c. J. e. a. b. c. d. a. b. c. a. b. c. d. a. b. c. d. e. Reconstruct/rebuild/add 4 tees. Rebuild fairway bunkers and add a third bunker. Rebuild bunkers near green Drain tile fairway bunkers across U5 to existing constructed pond. Drain tile green bunkers to daylight in rough. Reconstruct/relocate/add 5 tees. New back tee as shown may extend near adjacent residential lot comer where a mound septic system is located, hence additional detail needed to confirm there are no conflicts. The new back tee cuts into the woods at this location. Reconstruct fairway bunker. Reconstruct bunkers the near green. Drain tile burners to daylight mainly to existing swales that drain towards Chevy Chase Subdivision (need to consider impacts on downstream properties). Reconstmet/rebuild/add 3 tees. New back tee will potentially encroach near/into Lot 2 of Hauser Lauer Addition - need to have detail to confirm location. Reconstruct bunkers. Drain tile bunkers to daylight, same comment as #3 D. Reconstmet/add 3 tees. Fill in old pond (approved via CUP in 1980’s) and build a big new pond in area that is not City wetland and not NWI wetland, to solve drainage problems on fairway. No detail has been provided, but this apparently would create a new pond 300' long by 50 to 100’ wide, which has great storm water quality enhancement potential if done correctly ....as designed it will, however, be very near the rear lot lines of homes on Chevy Chase Drive. Rebuild fairway bunker and green bunkers. Drain tile bunkers to the old/new pond (note that pond boundary on tee location plan is much larger than that shown on the bunker construction plan). Rcconstruct/relocate/add 5 tees. Seme will be closer to (and possibly encroach) the Luce Line right-of-way. The DNR is aware of this and needs to be consulted by Wayzata Country Club. Relocate path around tees, near Luce Line. Add a fairway bunker on left side of dogleg. Remove willow tree on right side of dog leg. Expand existing pond. This is a City protected, N\M mapped pond that was expanded once by conditional use permit in the 1989s. The current plan shows it significantly expanded, and it should be a benefit to the City as enhancing storm water quality. This pond is in the upper reaches of a string of low wet areas that Zoning File #2398 August 13, 1998 Page 4 g- a. b. c. . e. drain to the south of the Luce Line through the course and eventually to Peavey Lake in the West Femdale area in Wayzata. Add/rebuild fairway and green bunkers. Drain tile all bunkers to existing ditch and pond. Adtyrebuild 5 tees. New back tee will be near private lot lines to the north and northeast. J^^’cmov'e dying willows. expand fairway (by mowing? by grading? detail needed). *?clocated green bunkers. Drain tile bunkers to existing pond. Agani-SouthofLuccLine.eastofOldTongT».ir^pn^^.Hole#i « 0 14. is lA 17 ic #8 #14 #15 a. b. c. d. e. a. b. c. a. b. c. d. a. b. c. d. a. b. c. d. c. Rebuild/add 4 tees. Expand right side of fairway at dogleg (by mowing? by grading? reed detail). Rebuild left fairway bunker. Rebuild green bunkers. Drain tile bunkers to existing ditch between #15 and #18. Minor r:*':f'nstruction of tees. Reconsti uct bunkers near green. Dram tile bunkers to existing ditch between #15 and #18. Add/rebuild 4 lees. Trim/ma''.ape trees along fairway. Rebuild green bunkers. Drain tile bunkers to daylight near road ditch. Add/rebuild 4 tees. Back tee will be about 50' from paved road, about 20' from right- of-way. Rebuild fairway bunkers. Rebuild green bunkers. Drain tile bunkers to daylight at Luce Line Trail ditch (impacts on trail?). Add/Rebuild 5 tees. Back tee will be very near Luce Line right-of-way (any impacts?). Rebuild fairway bunkers. Rebuild green bunkers. Add rock to landscaping of ditch (creek). Drain tile bunkers to ditch (creek). Zoning File «2398 August 13, 1998 Page 5 #16 a. b. c. d. Add/rebuild 4 tees. Regrade hill in front of forward tees (detail needed; this will be near the east residential lot boundary). Rebuild green bunkers. Dn in tile bunkers to ditch that connects to Femdale Green neighborhood. #17 a. Add/rebuild 4 tees. b. Add/rebuild green bunkers (near Luce Line Trail; impacts?). Drain tile bunkers to existing #15 and #18 ditch. #18 c. a. b. c. d. Add/rebuild 5 tees. Back tee will be near Luce Line (impacts?). Add/replace fairway bunkers. Rebuild green bunkers. Drain tile bunkers to #15/# 18 ditch. Review of Potential Impacts A majonty of the proposed plan has little or no impact on neighboring properties and should have no negative environmental effects. Grading plans for most of the tee and bunker reconstruction have been provided. Additionally, a plan for the drain tile system for the bunkers has been submitted, and since the bunkers will primarily be discharging rain water that falls directly in them, there should be no detrimental environmental impact from their eventual discharge to receiving waterways. Certain of the proposed tee locations will be near road or Luce Line rights-of-way or residential lot lines. The zoning code does not specify a minimum setback for golf course tees; the only clear direction in the code is that grading within 5' of a lot boundary would be considered as unusual grading and require special conditional use permit approval. It would appear to that all of the proposed grading can (and should) be accomplished without encroaching within the 5' protected zone at lot boundaries, including the Luce Line boundaries. It will be critical, however, in a few areas as noted above, to verify lot lines and tee locations at the time an annual project permit is issued, to avoid encroachment into neighboring properties. Plarming Commission may wish to consider whether it would be appropriate to establish a minimum setback for tees from property boundaries, based on the activity impact on adjacent properties. For instance, where a tee i.as historically been, say, 50' from a residential lot line, and a new proposed tee will be very near the lot line, that will change the degree and nature of activity near the residential property. Tee reconstructions are expected to each involve placement of fill materals in an amount possibly ranging from 50-500 yards each. The applicants consultant has estimated the total earth movement involved, including the ponds, at 27,500 cubic yards, mostly moving material from place to place on the site and not necessarily needing to imnort or export materials. Approximately 2,000 cubic yards of sand will be imported for the bunkers. Zoning File #2398 August 13, 1998 Page 6 Pond Expansions Will Require Separate Applications The proposed pond expansions appear to staff to be conceptually not only appropriate but beneficial in terms of the City’s comprehensive storm water management planning. They will create additional storage volume in areas that receive direct golf course runoff, therefore having a potential to provide some retention of nutrients from the runoff. However, virtually no pond design detail has been submitted, and a significantly higher level of engineer detail would be required before a CUP and land alteration permits could be issued for the pond construction. That detail would include as a minimum: a. Wetland delineation by a wetland professional. b. Grading plan including existing and proposed contours and cross Sv*ctions. c. Confirmation of MCWD/DNR/Corps of Engineers permit approval. d. Other engineering detail work as maybe appropriate for each specific site. Additionally, the proposed pond on hole #5 is in the back yards of Chevy Chase Drive properties and represents a change that might generate discussion, based on staffs recollection of an approval process for the existing small pond e.xcavated by the Club in that area some 10 or 12 years ago. Master Plan Approval/Conditional Use Permit/Land Alteration Permit Process In the past the City has approved golf course upgrade concept plan for Wayzata Country’ Club and other golf courses where projects are intended to be staged over long periods of say 3 to 5 years. Staffs recommended approach would be that the City adopt a resolution for concept plan and conditional use pcmiit approval .,:ibject to the following conditions: 1. 3. 4. The tee and bunker reconsu ’uctions are approved per the submitted plans, subject to issuance of a land alteration permit to be obtained annually by the Country Club for that specific year's projects. Any plan revisions would, at staff discretion, be subject to further Planning Commission/Council review’. The submittal for each year's plans would have to include a more detailed survey for those portions of the course where grading w ill be near lot lines, to ensure that lot lines are staked and that grading will not encroach w ithin 5' of those lot lines (or within some other setback established by the City in the concept plan resolution). Planning Commission to recommend, if it feels appropriate, a minimum setback for tees from residential or right-of-way lot lines. The Country Club should be advised to have this concept plan reviewed by, as a minimum, the Minnehaha Creek Watershed District and the DNR to establish whether any additional approvals are required for the tee or bunker program by those agencies. r Zoning File #2398 August 13, 1998 Page 7 5. 6. 7. All grading work shall be subject to conformance with the "Best Management Practices for Protecting Water Quality in Urban Areas", and although it is not likely to be a necessary condition in a golf course context, approval should be conditioned on proper erosion controls and immediate revegetation of all disturbed area.*;. Way^ta Country Club should check with the City of Wayzata to see if they any permit requirements for the portions of work that actually occur within City of Wayzata boundaries. The ponds to be expanded on holes #5, 6, and 12 will require separate Conditional Use Permit applications including a more detailed review process and approval from other Jurisdictional agencies prior to construction. Note that specifically in the case of the pond on hole #6, the expansion of the pond requires a variance since it is a City-protected wetland. Issues for Discussion 1. 2. 3. 4. Does Planning Commission have any concerns specifically about the proposed tee and bunker plan? Does Planning Commission feel that a specific setback standard should be established for tees near residential or right-of-way property boundaries? Is there any public comment regardmo the impacts of the proposed changes to the course? Does the applicant have a more defined limetable fcr completion of specific portions of the improvement plan? What elements are proposed for 1998-99? Does Planning Commission agree with the staff recommendation for a concept approval and conditional use permit approval for the tee and bunker plan at this time with an annual permit program as outlined above? 5. Does Planning Commission have any additional concerns about the proposal? Staff Recommendation Staff recommends approval of a conditional use permit for the tee and bunker program as * ibmitted with the conditions outlined above. Staff recommends conceptual approval of the 3 pond expansions, subject to completing a separate conditional use permit approval process for each prior to construction. Concept approval at this time should not be construed as binding; the merits of each pond expansion project must be taken into account once the required detail plans are submitted. r Zoning File #2398 August 13, 1998 Pages Options for Action 1 . Recommend approval per staff recommendations. 2. Recommend approval with additioneil or revised conditions, 3. Tabic for further information (specify). 4. Recommend denial or partial approval/partial denial (state bases and identify issues). 5.Other. cny OF ORONO H 6124730510 07/09/98 10:58 0 :06/13 NO:795 Date ReccWed 7-7i9 Amount Paid 2 ^ Application # CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION 200 West Wlayzata Blvd./Wayzata/ MNSite Address _ Type of Applica ion to be Filed Property Identifi »tion Number (P.I.D.) See attached APPLICANT Isfame Wayzat^ OWNER (if different than applicant) Name ___ Address Country Club Phone (home l 473-8846 Phone (work)_ Address 200 W »st Wayzata Blvd. City Wayzata Zip 55391 Phone (home). Phone (work)_ City Zip. Date Property Acquired 1956 Approximately I (do) (do not) (montb/year) ilso own the adjacent parcels of land. FEES - CONDinbNAI. USE PERMITS - _____S 75.00 For each variance request with CUP application _____$175.0( Residential Accessory Use _____$250.0( Institutional (church, school, etc.) _____$22S.0( Guest House/Guest Apartments _____$200.0( Duplex Crcdit/BIdg _____$300.0( Commercial/Industrial Use X $250.0( Land Alteration ____ 3rading and filling - designated wetland or fioodplain X trading and filling - 501 cm yd. or more and digging ponds ____ Grading, seawall, retaining walls within 75' of lakeshore PRD/P D - see Fee Schedule $150.0 After-t le-Fact Fee - Double Current Application Fee OTHER APPLIC ) Renewal Fee (no change from or<^inal application) ATIONS $250.0p Commercial Site Plan Review (+ consultant fees) $300.0) Vacation $200.00 Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other !> see Fee Schedule CITY OF ORONO W 6124730510 07/09/98 10:58 0 :07/13 N0:795 2. 3. 4. 5. 6. 7. 8. 9. REQUIRED SUB^UTTALS 1. X Compleled Application Form. Describe request in detail. Certifie< 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*3271). Certifies te of Survey (signed by a licensed surveyor) - refer to handout for survey informa ion. Attach 1 egal description to application if not included on required survey. Topogn phic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of he 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). Constru ;tion plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other ^ a A a a mpersons YOU ARE REQ FOR REPRODU SUBMITTED. ( submitted.) Ul^D TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY tmON (11 ” X 17” OR SMALLER) FOR ALL DOCUMENTS S taff will require to scale drawings of all documents, plans, etc. to be The Applicant and application is not Certification by Cl^r Initials of Clerical S you wish notified of this application. Property Owner must sign this application. Please remember that your cbmplcte if the above information has not been included. ical Department that Land Use Application is complete, aff: Date APPLICANT'S SIGNATURE The applicant here >y agrees to provide all information required or requested by the Zoning Administrator, agrei ts 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 suppliejd is true and correcttojhfi_fecst of his^f knowledge. Wayzata CountJS^c:3n.u! Applicant’s signaturr By; OWNER'S SIGN/.TURE The owner hercb) reasonable entry c 7/20/98 acknowledges and agrees to this application and further authorized nto the property by City staff, consultants, agents, commission members, and Council memb ;rs for purposes of investigatiqp^^dim verification of this request. Way 2 a t By: _____Date 7/o n/9ftOwner’s signature___ , Secretary Applicant must have ill submittals into |Ke 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 njeetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, make arrangements to have an authorized agent attend in your place and advise the Building Sl Zoning Olfice of this change prior to the meeting. • ATTACHMENT Grading Application to City of Orono Wayzata Country Club has adopted a Master Plan. The Plan includes the restoration of the 60+ bunkers, the cutting down of the hill on the 16th fairway, the expansion of the existing ponds on the 6th and 12th fairways, the movement of the small existing pond on the 5th fairway toward the green and making it larger, and the building on some new tees including the possibility of rebuilding existing tees. Work on the bunker portion is scheduled to start on August 10,1998, but no fill (i.e., sand) will be brought to the property until late August or early September. Other than the sand which will amount to approximately 3,600 ton and possibly some stabilizing rocks for the ponds, we have no plan to bring any material to the property. Any excess material from the current bunkers will be spread on site or stored on the south side of Wayzata Boulevard. Attached to the application is the Master Plan, a narrative book detailing the changes, and a drainage plan for die bunkers including new tee locations.. From a timing standpoint, we will redo the bunkers in the fall of 1998 and dig the lake over the winter of 1998/1999. With the exception of two or three holes, tee construction and the movement of soil will not occur until the year 2001 or 2002. Grading Application to City of Orono Below is a list of parcels within 350 feet of the Wayzata Country Club. 36-118 36-118 36-118 36-118 36-118 36-118 36-118 36-118 23-43 23-13 23-13 23-14 23-42 23-44 23-34 23-34 0001 0002 0003 0015 0003 0023 0001 0002 01-117-23-12-0001 01-117-23-21-0001 W J L MM DATE 47/15/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LISTBATCH 581PROP AOOR OWNER NAME TAXPAYER NAMC/ADOR S8 S6-118-23 IS toil 880S8 ADDRESS UNASSIGNED STATE OF MINNESOTA DEPT OF NATURAL RESOURCES TAX SPEC BUREAU OF RE HOT 500 LAFAYETTE RD ST PAUL MN 551SS PROP ADOR OWNER NAME TAXPAYER NAME/ADOR SB S6-118-2S IS 0005 0050S FERNDALE RD N D A A P A SPENCER DALE A SPENCER SOS FERNDALE RD N WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR SB S0-11B-2S 13 0010 OOOSB ADDRESS UNASS16NED EDWARD L DELAHANTY I WIFE CHARLES 6 ROER Sll N FERNDALE RD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR SB SO-118-23 19 0002 00575 FERNDALE RD N J 6 1 M N DAYTON JAMES G I ME6AM M DAYTON 575 FERNDALE RD N WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR SB SA-11B-2S 19 0000 00515 FERNDALE RD N AIM SMITH ANDREW J 0 MARY H SMITH >15 FERtffiALE RD N WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADOR 30 S6-118-23 19 0012 00975 FERNDALE RD N T W 0 L Z CLAPP THOMAS W t LAURA Z CLAPP 975 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 IS 0002OOOSB ADDRESS UNASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 55391 SB 36-118-23 13 0006 00505 FERNDALE RD N E J BIERMAN 0 N K BIERMAN EDWARD J 0 NANCY K BIERMAN 505 FERNDALE RD N WAYZATA MN 55391 3B 36-110-23 13 0011 00509 FERNDALE RD N LAUER HOMES INC LAUER HONES INC C/O RONALD LhUER 509 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 19 0003 00555 FERNDALE RD N T W DONALDSON ET AL T W > K C DONALDSON 555 FERNDALE RD N WAYZATA MN 55391 38 S6-118-23 19 0007 00517 FERNDALE RD N H 6 JOHNSON ETAL H GLENOON JOHNSON 517 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 19 0013 00955 FERNDALE RD N MICHELE R OAHLBERG MICHELE R OAHLBERG 955 FERNDALE RD N WAYZATA MN 55391 REPORT NO. P1935401 PAGE 138 36-118-23 IS 000300038 ADDRESS UNASSIGNEO WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA m 55391 38 36-118-23 13 0007 00507 FERNDALE RD N H SAJJADI SAD SAJJADI NAMED S AZAR D SAJJADI 507 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 IS 0012 00511 FERNDALE RD N C 6 S K P ROER CHARLES 6 ROER 511 FERNDALE RD N WAYZATA MN 55391 f)fi 5a 36-lia-23 0005 00525 FERmALE RD N J W OGLAHO t H N S 06LAN0 JAHES t MARGARET 06LAND 525 FERNDALE RD N HAYZATA NN 55391 6- T '- .. . . . ^ ’{ >' '•** ' . y i: ■'v., . VSB 36-118-23 19 0008 00519 FERNDALE RD N JULIE A JORGENSEN ET AL THOMAS A MICHELETTI S JULIE A JORGENSEN 519 FERNDALE RD N WAYZATA NN 55391 V ^ ..V * 38 36-118-23 19 0019 00925 FERNDALE RD N LEOPOLD A HAUSER III ET AL LEOPOLD A HAUSER III 925 FERNDALE RD N WAYZATA NN 55591 ■ RUN DATE 07/15/98BATCH 501PROP ADDR OHNER NAHE TAXPAYER NAHE/ADOR 38 36-118-23 19 001500038 ADDRESS UNASSIGNED HAYZATA COUNTRY CLUB NAYZATA COUNTRY CLUB P 0 BOX 151 NAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY ONNERS LIST36-118-23 23 0003^ ADORESS^NDING STATETI£ NirWRMTA DEPT OF f^iq^L RESOURCES TAX OF RE H6T500 UFAYETTE R SI>^UL NN 55155 REPORT NO. PI935991 PAGE 238 36-118-23 29 000300930 WAKEFIELD RD R HENDERSON I W HENDERSON R HENDERSON C W HENDERSON 930 WAKEFIELD RD WAYZATA HN 55391 PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 36-118-23 29 0007 00038 ADDRESS UNASSIGNED C.WAYNE i A ANITA LENEAVE C WAYNE i A ANITA LENEAVE 360 WAKEFIELD RD WAYZATA m 55391 38 36-118-23 31 0007 00038 ADDRESS UNASSIGNED D K 8 A C WARNER DALE K WARNER 375 WAKEFIELD RD WAYZATA HN 55391 38 36-118-23 31 0011 00290 WAKEFIELD RD WEE FERRIL WILLIAH i ELEANOR FERRIL 290 WAKEFIELD ROAD WAYZATA HN 55391 38 36-118-23 31 0019 00320 WAKEFIELD RD J P BOTOS t C I 80T0S J P BOTOS E C I BOTOS 320 WAKEFIELD RD WAYZATA HN 55391 38 36-118-23 31 0005 00038 ADDRESS UNASSIGNED H NORHAN NAFSTAD ET AL H NORHAN NAFSTAD 960 OLD LONG LAKE RD WAYZATA HN 55391 38 36-118-23 31 0008 00038 ADDRESS UNASSIGNED D K E A C WARNER DALE K WARNER 375 WAKEFIELD RD WAYZATA HN 55391 38 36-118-23 31 0012 00250 WAKEFIELD RD PAUL 8ASZUCKI PAUL BASZUCKI 250 WAKEFIELD RD WAYZATA m 55391 38 36-118-23 31 0015 00360 WAKEFIELD RD C E A LENEAVE C WAYNE E ANGIE A LENEAVE 360 WAKEFIELD RD WAYZATA HN 55391 38 36-118-23 31 0006 00038 ADDRESS UNASSIGNED STATE OF NINN STATE OF HINN CDNR) (LUCE LINE TRAIL) 38 36-118-23 31 0010 00220 WAKEFIELD RD W S BLOOHER III/6 A BLOOHER WILLIAH S BLOOHER III GERALDINE A BLOOHER 220 WAKEFIELD RH WAYZATA HN 55391 38 36-118-23 31 0013 00280 WAKEFIELD RD R S HODGSON ET AL TRUSTEES ROBERT S E BETTY G HODGSON 280 WAKEFIELD RD WAYZATA HN 55391 38 36-118-23 31 0016 00038 ADDRESS UNASSIGNED C WAYNE E A ANITA LENEAVE C WAYNE E A ANITA LENEAVE 360 WAKEFIELD RD WAYZATA HN 553^1 Q 1 PROP AOOR OWNER NAHE TAXPAYER NAHE/ADDR 58 34-118-25 51 0017 00575 WAKEFIELD RD 0 K A A C WARNER DALE K 0 ANN C WARNER 575 WAKEFIELD RD WAYZ'.TA HN 55591 58 58-118-25 52 0003 00825 OLD L0N6 LAKE RD 8 D CLARK A T 8 CLAIOC BRUCE D A TERRY B CLARK 825 OLD LONG LAKE RD WAYZATA NN 55391 58 38-118-25 32 0009 00895 OLD LONG LAKE RD J B CROOK A N L CROOK JANES B A NARY L CROOK 895 OLD LONG LAKE RD WAYZATA HN 55591 mm DATE 07/15/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935<^01 PAGE 3BATCH 501PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 36-118-23 32 000900360 RUANN RD G S KNIGHT 0 H A KNIGHT GERARD i HARY ANN KNIGHT 360 RUANN RD WAYZATA HN 55391 38 36-118-23 33 000300038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNR) (LUCE LINE TRAIL) 38 36-118-23 33 000600050 NYRTLEWOOD RD S 8 N CHAHPLIN STEVEN K CHAHPLIN 50 NYRTLEWOOD ROAD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 36-118-23 33 0009 00010 NYRTLEWOOD RD J E NATTESON INC NATTESOH JANES ft NARY NATTESON 10 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0010 00020 NYRTLEWOOD RD VERENA L PEARSON VERENA L PEARSON 20 NYRTLEWOOD ROAD WAYZATA NN 55391 38 36-118-23 33 0011 00030 NYRTLEWOOD RD J 8 DESSE-LASCOURS/S S RIETZ J 8 8ESSE-LASCOURS/S S RIETZ 30 NYRTLEWOOD RD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 36-118-23 33 0012 00090 NYRTLEWOOD RD KEVIN L THONPSON KEVIN L THONPSON 90 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0013 00015 NYRTLEWOOD RD DARREL T HIEL DARREL T HIEL 15 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0016 00025 NYRTLEWOOD RD DONALD W LUNDBERG ETAL DONALD W LUNDBERG 25 NYRTLEWOOD RD WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 36-118-23 33 0015 00065 NYRTLEWOOD RD ANITA C LIEBSCHER ANITA C LIEBSCHER 65 NYRTLEWOOD RD WAYZATA NN 55391 38 36-118-23 33 0017 00038 ADDRESS UNASSIGNED H T JOHNSON JR ETAL H T JOHNSON INC P 0 BOX 633 WAYZATA NN 55391 38 36-118-23 36 0001 00038 ADDRESS UNASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX ILl WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/ADDR 38 36-118-23 36 0002 00038 ADDRESS UNASSIGNED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB BOX 151 WAYZATA NN 55391 38 36-118-23 36 0008 00038 ADDRESS UNASSIGNED SUMMIT STATION HNOWNRS ASSOC SUMMIT STATION HNOWNRS ASSOC 1621 WAYZATA BLVD E WAYZATA NN 55391 38 36-118-23 36 0009 00038 ADDRESS UNASSIGNED SUMMIT STATION HNOWNRS ASSOC SUMMIT STATION HNOWNRS ASSOC 1621 WAYZATA BLVD E WAYZATA NN 55391 PROP ADDR OWNER NANE TAXPAYER NANE/AOINI 38 36-118-23 36 0010 00690 OLD LONG LAKE RD L F WIKEN ft B A WIKEN LAWRENCE F ft BARBARA WIKEN 690 OLD LONG LAKE RD WAYZATA NN 55391 38 36-118-23 36 0011 00038 ADDRESS UNASSIGNED N ft C LEJEUNE MICHAEL ft CYNTHIA LEJEUNE 18990 31ST PL N PLYMOUTH NN 55667 38 36-118-23 36 0012 00038 ADDRESS UNASSIGNED N NAGLICH ft V-A FISCHER MICHAEL NAGLICH 670 OLD LONG LAKE RD WAYZATA NN 55391 V, ■. <> HUN DATE 07/15/98BATCH 501PHOf AODH OHNiH NANE TAXPAYEH NANE/AODH 88 86-118-28 86 001300660 OLD LONG LAKE RD H NORNAN NAFSTAD ETAL H NORNAN NAFSTAD 12159 ST ANDREKS ST RANCHO HIRAGE CA 92270 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST38 36-118-23 36 001600650 OLD LONG LAKE R F 8 J C HADDOCKS R r 8 J C HADDOCKS 650 OLD LONG LAKE RD HAYZATA HN 55391 REPORT NO. PI635601 PAGE 638 36-118-23 36 001500660 OLD LONG LAKE RD WILLIAM D LARSON WILLIAM D LARSON P 0 BOX 20087 BLOOMINGTON MN 55620PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 61 000100395 FERNDALE RD N DAMIAN 8 ROSEMARIE TOPOUSIS DAMIAN 8 ROSEMARIE TOPOUSIS 18565 37TH AVE N PLYMOUTH HN 55666 38 36-118-23 61 000200365 FERNDALE RU N D 8 P CHASE JR DONALD 8 PATRICIA CHASE JR 365 FERNDALE WAYZATA MN 55391 38 36-118-23 61 001000109 CHEVY CHASE DR H E ARNOLDY ETAL H E ARNOLDY 109 CHEVY CHASE DR WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 36-118-23 61 0011 00111 CHEVY CHASE DR THOMAS L CURRY ETAL THOMAS L CURRY 111 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 61 0012 00113 CHEVY CHASE DR WALDO L NELSON ETAL WALDO L NELSON 113 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0013 00115 CHEVY CHASE DR AMY SCHUETT AMY SCHUETT 115 CHEVY CHASE DR WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NANE TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 36-118-23 61 0016 00117 CHEVY CHASE DR ^N J 8 CAROL K ARTHUR aLAN j 8 CAROL K ARTHUR 117 CHEVY CHASE DR WAYZATA HN 55391 38 36-118-23 61 0017 00123 CHEVY CHASE DR JANIE W BLANKENSHIP JANIE W BLANKENSHIP 123 CHEVY CHASE DR S WAYZATA HN 55391 38 Z^-Ud-23 61 0020 00129 CHEVY CHASE DR D M SAHLSTROM/J E SAIILSTRwh DAVID M 8 JEAN E SAMLSTROM 129 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0015 00119 CHEVY CHASE DR T W FORSTER 8 B J FORSTER THOMAS FORSTER 119 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0018 00125 CHEVY CHASE DR R S OLSON 8 M W OLSON R S OLSON 8 H W OLSON 125 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0021 00131 CHEVY CHASE DR P D MOYNEUR 8 L W MOYNEUR PATRICK D MOYNEUR 131 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0016 00121 CHEVY CHASE DR LOUIS B OBERHAUSER LOUIS B OBERHAUSER JR 121 CHEVY CHASE DR WAYZATA MN 55391 38 36-118-23 61 0019 00127 CHEVY CHASE DR JEFFREY G JACOBSEN JEFFREY 8 ELIZABETH JACOBSEN 127 CHEVY CHASE DR S WAYZATA HN 55391 38 36-118-23 61 0022 00133 CHEVY CHASE DR ANDREW H STEWART ANDREW H STEWART 133 CHEVY CHASE DR WAYZATA MN 55391 RUN DATE 07/1S/9BBATCH 501PROP ADDR ONNER NAME TAXPAYER NANE/AOOR 3B 30-118-23 01 0023 00135 CHEVY CHASE DR ROBERT B HOHE ETAL ROBERT B HOHE HD 135 CHEVY CHASE DR HAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATION iYSTEH PROPERTY OWNERS LIST38 36-118-23 01 002000137 CHEVY CHASE DR Cite SATTERVALL CHERYL I t CRAI6 SATTERVALL 137 CHEVY CHASE DR HAYZATA NN 55391 REPORT NO. PI0350C1 PAGE 538 36-118-23 01 0025C0139 CHEVY CHASE OR W L t E A WESTBROOK H L t E A WESTBROOK 139 CHEVY CHASE DR HAYZATA HN 55391PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR 38 36-118-23 01 002600101 CHEVY CHASE DR ROGER D REHARK ROGER D REHARK 101 CHEVY CHASE DR HAYZATA HN 55391 38 36-118-23 01 003500110 CHEVY CHASE DR ROBERT LANGGUTH I WIFE ROBERT LAHGGUTH 110 CHEVY CHASE DR HAYZATA HN 55391 38 36-118-23 01 003600116 CHEVY CHASE DR RICHARD J HCCARTHY ETAL RICHARD HCCARTHY 116 CHEVY CHASE HAYZATA HN 55391 PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR 38' 36-118-23 01 0037 00120 CHEVY CHASE DR THOHAS B CASWELL JR t WIFE THOHAS B CASWELL 120 CHEVY CHASE DR HAYZATA HN 5539J 38 36-118-23 01 0038 00122 CHEVY CHASE DR JOANNE C CARLSON JOANNE C CARLSON 122 CHEVY CHASE DR HAYZATA HN 55391 38 36-118-23 01 0039 00120 CHEVY CHASE DR G L ANDROLI I S L ANDROLl GERALD L t SANDRA L ANDROLl 120 CHEVY CHASE DR HAYZATA HN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 36-118-23 01 0000 00120 CHEVY CHASE DR RUTH L BROHNAHELL RUTH L BROHNAHELL 126 CHEVY CHASE DR HAYZATA HN 55391 38 36-118-23 01 0007 00217 NORTHGATE RD LAURESS V ACKHAN LAURESS V ACKHAN u/O LINDQUIST ■ VENNUH 80 8TH ST S 80200 HPLS HN 55002 38 36-118-23 01 0051 00220 NORTHGATE RD 0 H t H F DIXON GEORGE H t HARJORIE F DIXON 2155 QUAILS NEST P O BOX 5090 CAREFREE AZ 85377 38 36-118-23 01 0001 00128 CHEVY CHASE DR G C I E S SHITH 6 CONNELL SHITH 128 CHEVY CHASE DR HAYZATA HN 55391 38 36-118-23 01 0008 00225 NORTHGATE RD ELIZABETH VELIE WEBB TRUST ELIZABETH HEBB 225 NORTHGATE RD HAYZATA HN 55391 38 36-118-23 01 0053 00038 ADDRESS UNASSIGNED NORTHGATE TWO HOHEOHNERS NORTHGATE TWO HOHEOHNERS uracNOHN 38 36-118-23 01 0002 00132 CHEVY CHASE DR HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 36-118-23 01 0009 00233 NORTHGATE RD H H KELLY AND KELLY H H KELLY t H D KELLY 233 NORTHGATE RD HAYZATA HN 55391 38 36-118-23 01 0050 00038 ADDRESS UNASSIGNED NORTHGATE TWO HOHEOHNERS NORTHGATE TWO HOHEOHNERS ADDRESS UNKNOWN RUN DATE 07/15/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LISTDATCH 501PROP ADOR OWNER NAME TAXPAYER NAME/ADORPROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADOR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAIffi/ADDR 38 SA-118-23 42 000500038 ADDRESS UNASSI6NED WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB PO BOX 151 WAYZATA MN 5539138 36-118-23 44 000500065 FERNDALE RD N A V 8 L S GILMORE ADRIAN V 0 LAURA S GILMORE 85 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 44 0008 00090 FERNDALE GREEN K B SCHERER I G M SCHERER K B 0 G M SCHERER 90 FERNDALE GREEN ORONO MN 55591 38 36-118-23 44 0014 00055 FERNDALE GREEN W A a P 0 MUELLER WILLIAM A MUELLER 55 FERNDALE GREEN WAYZATA MN 55391 38 36-118-23 44 0017 00211 NORTHGATE RD NORMA R PHELPS NORMA R PHELPS 211 NORTHGATE RD WAYZATA MN 55391 38 36-118-23 44 0023 00038 ADDRESS PENDING WAYZATA COUNTRY CLUB WAYIATA COUNTRY CLUB BOX 151 WAYZATA MN 55391 38 36-118-23 43 000100200 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 5539138 36-118-23 4400075 FERNDALE TERRY D JOHNSON TERRY D JOHNSON 75 FERNDALE RD N WAYZATA MN 55391 0006 RD N 38 36-118-23 44 0009 00100 FERNDALE GREEN P G FARNAND S C H FARNAND PATRICK G a CAROLYN FARNAND 100 FERNDALE GREEN WAYZATA MN 55391 38 36-113-23 44 0015 00045 FERNDALE GREEN ERIC R BURKE TRUSTEE ERir R t BRENDA S BURKE 45 FERNDALE GREEN WAYZATA MN 55391 38 36-118-23 44 0018 00038 ADDRESS UNASSIGNEO NORTHGATE TWO HOMEOWNERS NORTHGATE TWO HOMEOWNERS UNKNOWN 38 36-118-23 44 0024 00085 FERNDALE GREEN JOHN L a ROXAteiE J POWERS JOHN L a ROXANNE J POWERS 85 "^LE GREEN WAYZATA h.. 55391 ^ 'if•..'•jcAar REPORT NO. P1435401 PAGE 638 36-118-23 44 000400038 ADDRESS UNASSIGNEO STATE OF MINN STATE OF MINN (DNR)(LUCE LINE TRAIL)38 36-118-23 44 000700070 FERNDALE GREEN W STEINKRAUS a B MCMILLAN WALTER J STEINKRAUS AND BARBARA MCMILLAN 70 FERNDALE GREEN WAYZATA IW 55391 38 36-118-23 44 0010 00095 FERNDALE GREEN CHARLES A HULSE CHARLES A HULSE 95 FERNDALE GREEN WAYZATA MN 55391 38 36-118-23 44 0016 00205 NORTHGATE RD A T MORRISON a V 6 MORRISON ANGUS T a VIRGINIA MORRISON 205 NORTHGATE RD WAYZATA MN 55391 38 36-118-23 44 0021 00038 ADDRESS PENDING T L a N J LAPERRE TIMOTHY L a NANCY J LAPERRE 65 FERNDALE GREEN WAYZATA MN 55391 38 36-118 23 4^ 0025 00075 FERNDALE GREEN KENNETH R 8 LINDA L HOPKINS KENNETH R A LINDA L HOPKINS 75 FERNDALE GREEN WAYZATA MN 55391 ) V..-VI. V** RUN DATE BATCH 50PROP ADD OWNER NA TAXPAYER NAME/AD PROP ADO OWNER NA TAXPAYER NAME/AD PROP ADD OWNER NO TAXPAYER NANC/AD PROP ADC OWNER NR TAXPAYER NANE/At KV^tRUN DATE 07/15/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935901 PAGE 7BATCH 501PROP ADOR OWNER NAME TANPAYER NAHE/ADDR 58 36-118-23 99 002600065 FERNDALE GREEN T L 8 N J LAPERRE TIMOTHY L • NANCY J LAPERRE 65 FERNDALE GREEN WAYZATA MN 55391PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 99 01-117-23 12 000100200 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB BOX 151 WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 99 01-117-23 22 0002 00231 WAYZATA BLVD W J E HATTESON 8 M C MATTESON JAMES E MATTESON 10 HYRTLEWOOD RO WAYZATA MN 55391 PROP ADOR OWNER NAME TAXPAYER NAHE/ADDR TOTAL BATCH 501 00117 99 01-117-23 11 000200163 WAYZATA BLVD W WAYZATA PARTNERS LTD PTNRSHP WAYZATA PARTNERS LTD PTNRSHP 9601 EXCELSIOR BLVD R650 MPLS MN 55916 99 01-117-23 11 002300121 WESTWOOD LA S WILLIAM 0 MACMILLAN 8 WIFE WILLIAM DUNCAN MACMILLAN 151 S WESTWOOD LANE WAYZATA MN 5539199 01-117-23 12 000300201 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB PO BOX 151 WAYZATA MN 55391 99 01-117-23 21 000100211 WAYZATA BLVD W WAYZATA COUNTRY CLUB WAYZATA COUNTRY CLUB P 0 BOX 151 WAYZATA MN 55391 99 01-117-23 22 0003 00990 WAYZATA BLVD W CITY or WAYZATA CITY OF WAYZATA 600 RICE ST WAYZATA MN 55391 99 01-117-23 29 0009 00901 CO RD NO 15 BURLINGTON NORTHERN INC BURLINGTON NORTHERN INC I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE OH THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. 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Xx-'-\ Xv si «»<i v/“ / 0^ «t«« M 'V » «Mt / \: Vr Vrf , • •k * * ■r- O • • ' • i-• ^ tt»l* I- * I i * •*-.Jl^ • -r*- ^ = • ' VI«<» » • «•» #• »*p . »»♦* *s -I v«i * 8»\ \ JX• /f // !• if ^^ty/VTRY MASTER PLAN Prepared By: JOHN FOUGHT DESIGN 24333 North East Airport Road Aurora, Oregon 97002 Phone: (503) 678-4330 Fax: (503) 678-6239 Revised December 5. 1997 6 r MASTER PLAN Prepared By: JOHN FOUGHT DESIGN 24333 North East Airport Rond Aurora, Oregon 97002 Phone: (503) 67S-4330 Fax: (503) 678-6239 Revised December 5. 1997 6 TABLE OF CONTENTS SECTION 1..................................................Plan SECTION 2......................Hole By Hole Narrative SECTION 3....................................Cost Analysis r 1B3au2ata » ^. • • H. . ^OtiNTaV cw'^^ •J .. >» ••Vw ^ I *^ * 2- V *' • ^ ^ V.V-A P''^ ...X' «.<<•* •• f ».‘ r*‘r- •: 3*o»? HOLf 1 2 3 4 S •7 1 •OUT BLACK «'l • ;i JM r:«tf ill i«l 1.^3iM BLUB m l»'i •i;44C •« 1! Jl'ijy 4QS am BA«T1 MB «4«Ef ,•1 413 -M w i:i >4r am 135 4CJ :ts *4i r:• II 1«i»am ^AB 4 s 4 3 4 s 4 3 4 3i ■ ^ ■/' - ^ >.>: • ■.. f *? s5!-i* I • .. \>* ' .-• v.V^ . ir'^cv ^ Cl-.' • • '—'.i* ?- HOLS 10 11 12 13 14 IS 1§17 It M OUT TOTAL BLACK 43:410 Hi •iJ 3U Ui ♦37 tc •MB am MB «n BLUB 4!f M?5?7 m iii mr am ym mi W>«T1 m }U J43 *8}U3 ^ ;w »37 JU am 3UW •» KflD ur :<i 4<|47 2M 4I| ,lO III K1 am nu OM PAK 4 4 s 3 4 S 1 4 3 4 3t 3i 72 :. '\. V <4p.'V ^ ILL WAYAZTA COUNTRY CLUB HOLE BY HOLE NARRATIVE HOLE #1 The First hole is a gentle dogleg to the left. The tee shot has a wonderful view of the landing zone, which is approxiniately 26 feet below the back tee. Nice trees on both sides frame this hole and a feirway bunker left which is located atop a small plateau. The green is guarded on the right and left by two large greenside bunkers. The putting surface slopes severally from back to front especially on the left. A new enlarged forward tee should be constructed near the end of the cart path on the right. The tee shot landing area should be expanded on the right approximately 10 yards (adjacent to the fairway bunker left) so the fairway width is 30 yards. The fairway bunker left should be reshaped so left third of the bunker is filled in since it is behind the trees. T^e left greenside bunker should remain in generally the same position, though the left side should be removed (filled in). The right greenside bunker should be rebuilt closer to the putting surface and more rough (grass) should separate the cart path and the outside edge of the bunker. HOLE #2 The par five Second is a narrow dogleg right which plays slightly downhill on the tee shot. Two bunkers guard the right side of the landing area on the drive though longer players probably can carry these bunkers. The green is elevated approximately 25 feet above the landing area (tee shot) and there is a large fore-bunker 40 yards short of the putting surface and greenside bunkers both left and right. This is an attractive hole and may be reachable in two shots for longer players. A new back tee, which will be slightly elevated, will add 10 yards to this hole. Two new forward tees should also be constructed near the end of the cart path on the left side slope. Since the modem equipment (and players) are better, a new fairway bunker beyond the second fairway bunker should be added and both existing bunkers rebuilt. This will force all players to play left of these bunkers. Some of the left side of the fore-hunker near the green should be filled in for maintenance purposes. Both greenside hunker*; ohould be reshaped nearer the putting surface (see plan). r 1 HOLE #3 The Third hole is relatively straight and plays somewhat longer than its’ actual yardage since the green is elevated approximately 1 5 feet on the approach. The large fairway bunker left is now partially located behind trees on the approach to the green. There are two greenside bunkers, one which has been constructed near the right half of the putting surface and another left, which is much too far fi’om the green to serve any useful strategic purpose. A new elevated back tee should be constructed which will add 1 2 or 1 3 yards to this hole. The fairway bunker left should be reshaped so as to fill-in the areas located behind the trees and push the back right edge of the bunker towards the green. This, along with the new back tee, will make the carry over this bunker 25 yards longer. The left greenside bunker should be rebuilt closer to the edge of the green. The right greenside bunker should be reconstructed with new sand and drainage. HOLE H4 The par three fourth plays slightly downhill into a green with a collage of bunkers situated around the putting surface. The tees have been constructed on top of a ridge and trees of various types separate the third and fourth fairways. While four green bunkers surround the green, it is the large fore-bunker 70 yards short of the putting surfece, which is most visible on the tee shot. Although this hole is visually beautiful, some adjustment of the bunkers, both left and right, should be accon:^>lished for strategic reasons. New (larger) back and forward tees should be constructed in order to accommodate players of varying skill levels. The massive fore-bunker should be reconstructed somewhat smaller for maintenance purposes. The two greenside bunkers right, which are much too fiir from the putting surface, should be replaced by one bunker built closer to the green edge. The left greenside bunker should also be reconstructed nearer the green. These changes will not only make this hole more visually appealing, but also more strategically interesting. HOLE #5 The Fifth is a dogleg left par four which slopes gently downhill from tee to green. This hole is lined with nice trees though drainage in the feirway on the last third of the hole is a problem. A lone fairway bunker left sits atop a small knoll. A small pond has been constructed behind the bunker left, but it is not visible from the tees. There are two greenside bunkers, one left 25 yards short of the green and one right near the putting surface. There is an opportunity to make the Fifth one of the nicest par fours anywhere. If the tees (back & middle) were moved back and to the left, it would be possible to add 30 yards (back tee) to this hole and elevate these tees about lO feet, which will provide a spectacular view of the fairway. A new much larger lake should be built on the left side r of this hole and extended to the front of the green. However, 25 yards must be left as fairway near new lake. Both the fairway bunker and the right greenside bunker will be rebuilt with proper drainage and sand. HOLE #6 The par five Sixth bends distinctly to the right around a shallow body of water. There is an old dying willow on the frurway side of the water (near the bend in the fenway) which can block second shots for shorter players. The green is slightly elevated above the level area in the fiiirway. Two greenside bunkers, both left and right, guard the entrance to the putting surfece. Since the feirway has been constructed almost flat and on peat soils, drainage is a major problem. The tees for this hole should be rebuilt as far left as possible, away from trees right and the cart path moved to the right (of the tees). A new fairway bunker, directional in nature, should be constructed in the left rough on the hillside. The dying willow should be removed so as not to block the line for the shorter hitters. The lake should be expanded towards the green in the right rough. A new bunker should be built about 60 yards short of the green in the hillside to protect the second shot landing area. The two greenside hunkers should be reconstructed with better drainage and sand. HOLE #7 The Seventh is the narrowest par four on the golf course. Because the green is elevated approximately 15 feet above the approach area, the hole plays a bit longer than the recorded yardage. Trees line both sides of the fairway though many are dying. Two large round bunkers guard the green (left & right) but the putting surfece is not visile because of its’ elevation. A new back tee, which will be slightly elevated, will add about 10 yards to the hole. A new forward tee should also be constructed near the end of the cart path on the right. Some removal of the dying willows on the right should be done and feirway should be expanded to 33 yards (currently 20 yards). The left greenside bunker should be moved further away from the green (fore-bunker) and the right bunker should be moved slightly closer. HOLE #8 The par three eighth is the shortest par three hole on the golf course. The tee has bera rebuilt and nicely landscaped but remains several feet below the level of the green. Six bunkers currently surround the putting surface though some of these buyers are a bit fer away from the green. The biggest problem with this hole is the feet that it is located at the end of a short driving range. No one should be allowed to hit woods from this range so as to keep flying shots from pulverizing players putting on this hole. It has been suggested that we move this hole back away from the range by constructing a tee on top of a tunnel. This is certainly a possibility, but it may not be woi^ ^e money since the change would amount to the green being moved back only 30 yards. Even vnA this change, the new green location can be hit with balls from the range. M of the bunkers should be reconstructed, especially the back bunker (divided mto two) and the two left bunkers (combined into one) which are in the trees and too far from the green. HOLE #9 The long uphill par four Ninth bends from right to left. The landing area on ^e t« shot is quite narrow considering that it is not visible from the tee. The green is sb^tly betow ^ . , _____• ___j . mtrk !t ViiiiciHp A fore-bunker left IS built into the sidelevel ofthetumpoint and is notched into a hillside. A fore-bunker . . • slope and the bunker right guards the approach to the putting surfece. There is a drainage problem with the left collar area, which coUects water and is also a high traffic area. The trees left and forward of the current tee should be trimmed and carefuUy i^ged sc as not to block out the left side of the feirway on the tee shot. The ^ay m the tee s^ landing area should be expanded to the left for reasons previously ^ forward tees should be constructed to help shorter players m reachmg the top of the^ on the tee shot. The left bunker should be reshaped with a straighter front edge (aesthetics) and the right greenside bunker should be rebuUt and possibly moved nearer the green. HOLE #10mfmsmM even though some fine tuning is necessary. stould be moved closer to the feirway (away from tree left). The right gre^tde buiftter should be moved closer to the putting surftce so as to have some strategic value. HOLE #11 The dogleg right pat four eleventh is a bit awkward on the tee shot. The back tee location is slightly hidden because a forward tee Im been consmcted on a hillside in front of the back tee. Two feirway bunkers, which are above the fainvay. guard the right side of the landing area, f been pbced near each side of the green. The green is elevated 12 to 15 feet above the approach. This hole U uncomfortable because it slopes left but doglegs right. In order to cure the problem with tees, a new separate back tee needs to be constructed 15-17 yards back (and right) of its’ current position. A new forward tee needs to be constructed further left and past large tree left. This will provide for a better view of the feirway from the back tees. Also, two trees on the right near the front of the current tee and numerous trees near the right side of the fairway bunkers should be removed. The area of the first feirway bunker should be lowered and the bunker rebuilt. This will help provide a better view of the second bunker and lowering the right side of this hole will make the hole play (and feel) better. The second bunker should be rebuilt slightly lower also. The greenside bunkers should be rebuilt with the left bunker being a fore-bunker and the right bunker moving closer to the putting surfrice. HOLE #12 The current Twelfth is a medium to short dogleg left ’sar five. The main tee is elevated 20 feet above the landing area, which provides a nice view of the friirway although too many trees have been planted on the left side of this hole. A small, rather poorly constructed Lake exists near ^e first tumpoint on the left side. There are also problems with drainage in the friirway. The green is slightly elevated and is protected on the left by a fore-bunker constructed on the hillside and a bunker on the right closer to the green. Nice trees surround the green. Two new forward tees should be constructed right and forward of the current cart path. At least six trees on the left should be removed so as to provide a better view of the pond area. The pond, which exists, should be reconstructed much larger and much deeper. This will create more excitement on the te"* shot. The friirway on the right should be expanded to create a bailout area for those not willing to risk playing near the new lake. The greenside bunkers should be reconstructed in approximately the same location with better drainage and sand. HOLE #13 The Thirteenth is a wonderful long par three. The tee is a bit awkward in that it points to the right of the green. The bunkering for this hole could be better (see recommendation). The putting surface is elevated on the side of a gentle hillside and is surrounded on three sides by a mix of nice trees. Overall, this is one of the nicest holes on the golf course. The teeing area should be rebuilt into three individual tees. They should be realigned so they all point directly at the center of the green. The right fore-bunker should be removed for traffic wear from the cart path to the green. The old fore-bunker located 35 yards short of the green (right) should be reconstructed for balance. The left bunker should be moved nearer the putting surface into the greenside slope. A new bunker on the right side of the green would add aesthetic and strategic appeal HOLE #14 The elevated tee for the short par four fourteenth provides a delightful view of the landing area. Huge trees protect the tumpoint of this dogleg on the right. Longer players may play something other than a driver on the tee shot. The green is protected by two bunkers right and one bunker left. The left of the green slopes decidedly away, forcing approach play to be deadly accurate. A new elevated back tee should be built for visibility reasons and also a new forward tee should be added. Both of the left &irway bunkers should be reshaped with new drainage and sand. The first greenside bunker right should be reshaped since the trees block its view. The other right bunker should be moved closer to the green for strategic reasons. The left bunker should be moved away firom the putting surfece and become a fore­ bunker. This is a consistent theme throughout the golf course. HOLE #15 The Fifteenth hole plays somewhat longer than the actual yardage since the green is elevated on a ridge line approximately 15 feet above the first tumpoint. The tee shot lacks definition though it does play between mature trees left and right. The landing has the same drainage problems, which exist on many of the holes. Two fairway bunkers are set into the slope (in rough) on the left approximately 100 yards short of the green. Mature trees guard the left side of the green area while two bunkers are positioned on the right. However, the second bunker which is nearer the right edge of the putting surfiice, is blocked from view by the raised lip of the first bunkei The back tee should be rebuilt and combined with the back tee on # 18 to provide additional tec^\^ ground. Two new forward tees will be added to the left of the existing cart path to provide a difterent angle of approach to the driving landing area. The left two fttirway bunkers should be rebuilt and positioned as such to provide a target to aim at off the tees. The greenside bunker right, and short of the green will be lowered to provide a clear view of tlie bunker behind it. Views of the creek could be enhanced with selective placement of rock in various portions along the creek. This would visually strengthen the hole. HOLE #16 The tees for the par four sixteenth are elevated 30 feet above the feirway, which provides a spectacular view of this hole. However, the hillside on the right partially blocks the view of the fairway and rough from the back tee. Since Highway 12 was constructed near this tee, the teeing area is quite noisy. The green, which is surrounded by three bunkers, is slightly elevated. The backdrop, with mature trees behind, makes the putting sur&ce aesthetically pleasing. A new elevated back tee will be built to provide additional tee space and to add approximately ten yards to the hole. Two new forward tees will be built into the existing hillside to the left and in front of the existing cart path. A portion of the hillside in front of the forward tees will be lowered to provide a better view to the driving landing area. The first part of the &irway will be repositioned to make the hole visually pleasing. The two right greenside bunkers should be replaced by one bunker nearer the green. The left greenside bunker should be rebuilt nearer the back half of the putting surface. The greenside bunkers will tie-in to the existing putting surface. When these changes are accomplished, this hole will be one of the nicest par fours on the golf course. HOLE #17 The final par three on the golf course is surround by four bunkers. This hole plays slightly downhill though the green is quite a small target. The knoll right, along with the two bunkers set into the knoll, makes the tee shot focus left. Mature trees in back and along the left side of the putting surfrice are very attractive. A new forward tee will be constructed to provide additional teeing ground and to provide a wider range of yardages for the hole. The two fore-bunkers furthest from the green will be combined into one fore-bunker. This bunker will conceal the area between the bunker and the green to create the illusion that the hole will play shorter than it actually does. The remaining two bunkers should be removed and in their place three greenside bunkers should be added that will affect the hole both visually and strategically. These changes will create a strong par three similar to that of classic courses like Winded Foot. HOLE #18 The Eighteenth hole is a wonderful dogleg right par four. There is an old feirway bunker right, which adds definition to the tee shot, although trees block a view of the green from this bunker. The trees, which line both sides of the elevated tee shot landing area, are very nice and add definition to this hole. The putting surface has been constructed on a plateau about 20 feet above the feirway. Four bunkers surround the largest (and steepest) green on the course and the clubhouse is clearly visible directly behind the green. A new combined back tee (with #15) will make the tee shot much better. New forward tees should also be constructed to the left. The large fiurway bunker right should be replaced by two new bunkers located nearer the feirway which serves the same purpose as the current bunker but will be much fairer to play from. With the added length from the new back tee, the tee shot will be more challenging and aesthetically pleasing. PROPOSED SCORECARD i .HOLE BLACK BLUE WHITE 418 390 368 501 479 446 398 375 328 212 180 168 460 440 412 518 495 455 405 387 357 8 148 137 128 428 405 347 OUT 3488 3288 3009 1/5/98 Wayzprp.xls . « I », COST ANALYSIS The identification of line items is as important as the costs themselves. Overlooking a line item can create a difficult cash-flow management situation many times more critical than simply being low on a budget estimate. The purposes of this portion of the study are to identify the scope of work, to discuss the execution in detail and to affix a cost to each portion of the work. However, it is important to note that not all of the planned bunkers can be constructed in this phase because of the repositioning of a feirway or green. The costs are broken down into two areas: Pre-construction and hard-construction. The post construction costs which include grow-in, are normally a part of our study, have not been evaluated by John Fought Design since this information will be organized by Bob Distel and his capable staff During the course of this study, line item costs have been identified. However, should the construction process and scope of work be broken up into a series of years, or the timing of the work be scheduled during a difficult season (i.e. late fall), the cost associated with each line may materially change. Although we have not included a budgeted line item for a contingency, an allowance of 5 • 10% is suggested. Once a definite scope of work and schedule is approved, tty'' ^ contractor bid will provide real numbers. PRE-CQNSTRUCnON LINE fTEMS Portions of pre-construction costs precede construction while the remainder is spread throughout the construction and sometimes even into the grow-in phase. These line items define the funds required for the proper construction documentation of the project and the consultations during the construction. Please note that the irrigation sy.Jtem has not been evaluated in our study. Should the system need to be modified a qua?jfied irrigation engineer will need to be employed. The line items in this category are: DESIGN ENGINEERING* OUT-OF-POCKET EXPENSES SOIL TESTING r HARD-CONSTRUCTION LINE ITFIVfS The hard-construction costs are items that could be included in a contractor’s agreement, though certain items could be arranged under separate contract or completed in house by the maintenance staff. The known list of line items for the hard-construction portion for Wayzata Country Club will be: MOBILIZATION EARTHWORK SHAPING & FINISHING DRAINAGE Bunkers Pipe FEATURE CONSTRUCTION Tees Bunkers IRRIGATION CART PATHS GRASSING Sod Hydroseeding PRE-CONSTRUCTION COSTS DESIGN The fee for revision/restoration design work is based on 10% of the actual construction cost. Based on this assumption the fee will be S75,000 and includes all of the construction documents, the bid assistance and construction consultation. However, should the project be divided into phases, the costs for this hern will increase because the number of site visits will greatly increase. ♦ENGINEERING Since Wayzata is an existing golf course and no significant routing changes have been made, the typical engineering costs for the project will be zero. This will change if the irrigation is to be reviewed and revised. OUT-OF-POCKET EXPENSES Based on the assumption that all of the work would be accon^lished in one phase, the following schedule of site visits would be required. Obviously, if the project were broken into phases, more site visits would be required and the costs would also increase. John Fought Design Representative *..........15 visits @ S625 ea............S9,375 Production expenses (prints, copies, mailings, bid sets, etc).......................1,800 Total out-of-pocket expenses................................................................$11,175 * Some shared travel with other projects is assumed. The actual amount of shared travel (pro rata) will afifect the actual cost. SOIL TESTING There are several types of tests required- The putting surfece mix material, tee sand, gravel and bunker sand must be approved by a USGA testing lab. Normally, about six samples are tested initially, with additional check-tests throughout the delivery of material to the site. The total cost for this testing is estimated to be $3,000. SUMMARY - PRE-CONSTRUCTION COSTS DESIGN.................................................................................$75,000 OUT-OF-POCKET EXPENSES...............................................11,175 SOIL TESTING............................................................ 3,000 TOTAL PRE-CONSTRUCTION COSTS...............................$89,175 HARD-CONSTRUCTION COSTS MOBILIZATION There is a cost for the contractor to set-up an operation on-site including mobilization of men and equipment, electrical power, telephone and so on. Based on similar projects in the area, the amount estimated for mobilization is $40,000. Please note, if the project is divided into phases, additional mobilization costs will be necessary (i.e. 3 phases, 3 mobilizations @ $40,000 each). EARTHWORK There are areas on the golf course where lakes will either be added or expanded. This will greatly improve the strategic and aesthetic appeal of Holes #5, 6, and 12. There arc other areas on the golf course where huoq)s hide bunkers or fiiirways, and the hillside to the right of l^e new tees on #16 will need to be cut and lowered. It is antic^ated that the material generated to con^Iete tlJs work will be transported to various locations and utilized to build tees, bunkers and so on. The total material estimated as cut is 27,500 cubic yards. The current estimated price to complete this work with a backhoe and truck (transport) is $3.00 per cubic yard or a total of $82,500. Please keep in mind that if this work is done during less than ideal times or broken up into phases, this price will increase significantly. SHAPING AND FINISHING Shaping is best described as the artistic portion of golf course construction. A talented, high quality shaper is required to create the forms that will improve the golf course features (greens, tees, and bunkers). Conversely, in the overall process of construction, the finishing is the final touch. Even after the features are shaped, the installation of the 3 r drainage and irrigation are so disruptive that it becomes necessary to partially reshape everything to tie it aU together. The finishing also includes preparation for the turC which is a series of agrarian practices that produce a proper planting ted. This process is always billed aj a lump sum amount. The amount estimated for the work at Wayzata is SI 10,000. DR.VINAGE For a golf course to have nice turf it is imperative that the golf holes drain well. In order for the course to drain well, both the surface and subsurface areas must be designed to handle storm and nuisance water. Bunkers It is essential that all of the bunkers have drainage in order to function properly. Each bunker will require an estimated 120 lineal feet of 4 inch perforated drain pipe with gravel and a coarse sand liner (see detail). Also, a 100-foot section of 4-inch pipe (non- perforated) is required as an outfidl line for each bunker. The cost for the 220 feet of drainpipe (plus gravel and coarse sand) is estimated to be $6.50 per lineal foot or $1,430 for each bunker (the costs for sand and gravel are based on quotes fi’om Todd at Plaisted Companies). The total estimated cost for the 63 bunkers is $90,090. Pipe While most of the out&ll lines for the bunkers, greens and tees will connect to creeks, ponds or other non-play areas, some connection pipe will probably be necessary. Since this system has not yet teen designed, it is suggested that an allowance of $20,000 be included in this study. Therefore, the total drainage estimate for this project (not including the optional fairway work of $605,900) is $110,090. FEATURE CONSTRUCTION Tees It is equally as important for the tees to have a playing sur&ce as good as the greens, and be constructed at the proper yardage for each hole. Based on the current plan, forty-nine (49) tees will be reconstructed in the following manner: 1. Construct subgrade 6” below proposed finish grade; subgrade should have minimum slope of l.5?o firom edge to center; 2. Excavate trench 8 ” wide x 14 ” deep in the subgrade in the center of the tee; spread 2” of pea gravel in the bottom of the trench and lay a 4 ” perforated double wall HDPE drain line on the gravel ted, cover with gravel and 2” of coarse sand; install a non-perfbrated double wall HDPE out&ll line to the discharge as shown on the plans or as determined in the field; instaU locator wire in the trench; backfill trench with gravel to the top (see detail plan); 3. Spread approved tee mix evenly over the subgrade; shape tees such that the fi'ont of the tee is perpendicular to the flight of the tee shot; grade tee sur&ces to a level finished grade; 4. Create shallow swales where possible to divert sur&ce drainage away from tee tops. The total projected size of the forty-nine (49) tees is 65,000 square feet. The estimated cost to build the tees is SI.44 per square foot or $93,600. Bunkers The bunker count for the project is sixty-three (63). In addition to shaping and drainage (already covered), new Wgh quality sand will be installed. The estimated sand needed for each bunker (average) is 30 cubic yards, or 45 tons (6” of non-conq)acted vdiite bunker sand, 1,600 sq.ft, each bunker). At an estimated price of $50 per ton, the sand cost for each bunker would be $2,250 or $141,750 total. To haul the sand to the bunker locations and spread the sand in the bunker will cost approximately $500 per bunker or $31,500. Therefore, the total cost for the feature construction portion of the bunkers is estimated to be $173,250 Based on these line hems, the total budget for feature construction (not including optional greens) is $266,850. IRRIGATION A qualified irrigation designer has not reviewed the Master Plan in detail We have included an allowance of $40,000 for this project until an e^qjert in irrigation design can review the current system and make a study of the course changes. CART PATHS There will be a need to install approximately 1,140 lineal feet of new 8-foot wide asphalt cart path- The estimated cost to core out a well, install 2 inches of asphalt over 4 inches of gravel, and finish the edges once the paths are installed, is estimated to be $10 per lineal foot or $11,400. There will also be 350 lineal feet of curbing at $3.00 per lineal foot. The price for curbing is $1,050. The total cost for cart path and curbing is $12,450. There will also be 350 lineal feet of the old path that must be removed- The cost for this work is estimated to be $2 per lineal foot or $1,700. The total estimated cost for cart paths is $14,150. GRASSING Sod In order to get certain areas back in play as soon as possible sod should be used. It is anticipated that aU areas will be sodded, including tees. Steeper slopes near bunkers or tees should also be sodded. The total estimated amount of sod needed is 220,000 square feet. The estimated cost is $.32 per square foot or $70,400 installed. Hydroseeding In places where sodding is not done, it is recommended that the area be hydroseeded. There will be approximately 3 acres of hydroseeded surface an estimated cost of $1,200 per acre for a total of $3,600. Therefore, the total estimated budget for grassing is $74,000 SUMMARY - HARD-CONSTRUmON COSTS MOBILIZATION...........................................................5 40 qqo EARTHWORK.....................................................................82i500 SHAPING & FINISHING...................................................1 iq 000 DRAINAGE............................................................................. FEATURE CONSTRUCTION..............................................266,850 IRRIGATION (allowance)............................. 40 000 CART PATHS................................................14,*150 GRASSING..........................................................................74,000 TOTAL HARD CONSTRUCTION...................................$ 737,590 RECAPITULATION OF COSTS Hard Construction...............................................$ 737,590 Pre-Construction..................................................... 89,175 Project Total Cost...................................................$826,765 GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 June 5,1997 Lou Oberhauser Oberhauser & Neveaux 1421 East Wayzata Boulevard Wayzata, MN 55391 Re: Wayzata Country Club - Proposed Golf Course Renovation Dear Mr. Oberhauser: Thank you for dropping off the preliminary plans for renovation of the Wayzata Country Club golf course. The plans indicate general reconstruction of a number of bunkers, tees and greens, as well as expansion or relocation of 3 ponds. The above work requires a conditional use permit (CUP) from the City since it involves grading in excess of 100 cubic yards of material in total, and the pond work may require additional approvals as follows: Enlargement of pond on Hole #6 will require a variance from Orono and approval from the Minnehaha Creek Watershed District (MCWD), since this is both a City- protected wetland as well as listed on the National Wetland Inventory (NWI) and subject to regulation by the Mirmesota Wetland Conservation Act. b. Relocation of the pond east of the 5th fairway may require MCWD approval as well as the Orono CUP. This pond is not Orono-protected, and is not on Ae NWI map. a. c.Enlargement of the pond NE of Hole #12 dogleg will require MCWD approval as well as the Orono CUP. This is not City protected, but is on the NWI map. We would like to approve the entire package of projects all as one application, even if the actual construction spreads out over a few years. The intent would be that once the comprehensive package of projects is approved, only staff-issued land alteration permits w’ould be required as the individual projects are completed, thus avoiding the need for annual renewal review by Council or Planning Commission, I will close by noting that the City Engineer is in the process of developing a stormwater plan for the City, and has indicated additional ponding areas may be needed in the area of Wayzata Country Telephone (612) 473-7357 • FAX 473-0510 Lou Oberhauser June 5,1997 Page 2 Club. I anticipate these needs will be more defined by the time the Club proceeds with a CUP application. Please feel free to contact me at 473-7357 if you have questions. I'm enclosing a CUP application form for your use, as well as the plan set. Sincerely, yj Michael P. Gaffron Asst Planning & Zoning Administrator end. V’.f. *.•. '. V-mm fiNQ City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1977 A RESOLUTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C) 6 SECTION 10.03, SUBDIVISION 19 - PILE #935 \ • • WHEREAS, Wayzata Country Club (hereinafter "the applicant") is the owner of the property located at 200 West Wayzata Boulevard located within the City of Orono (hereinafter "the City") and legally described as follows : The southwest quarter of the southeast quarter of Section 36, Township 118 North, Range 23 West of the 5th Principal Meridian, excluding roads; Also Icnown as P.I.D. #36-118-23-43-0001 (here­ inafter "property"); and WHEREAS, the applicant has applied to the City for a Conditional Use Permit to permit certain grading projects regulated under Zoning Code Section 10.03 Subdivision 19 and to permit construction of a shelter building per Section 10.20 Subdivision 3. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. 3. 4. 5. FINDINGS This application was reviewed as Zoning File #935. The property is located in the RR-lB Single Family Rural Residential Zoning District. On July 15, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval of the various projects which were deemed by City staff to be of a minor nature not requiring detailed review. The City Council reviewed this application on January 27, 1986 and granted conceptual approval for two projects proposed to be immediately commenced in Spring 1986, and directed staff to review the various projects anticipated to be commenced later in 1986 and in future years. The following projects were recommended by staff for approval on April 14, 1986: a) Extension of tee #4, filling of approximately 30 cubic yards to be spread 6" deep on high ground. Page 1 of 4 City of OROIXO RESOLUTION OF THE CITY COUNCIL NO. ^1977 6. 7. 8. b) Construction of low mounds on left side of fairway #11, averaging 3-5' in height^ filling of approximately 75 cubic yards. Pill in the existing bunker on hole #13, approximately 20 cubic yards of fill. d) Pond on fairway #5, 25'x75*x5* deep# 350 cubic yards excavation. e)Rebuild bunkers at rear of hole §8, approximately 1000 cubic yards of fill, all on high ground. Extension of the tee #17, filling of approximately 370 cubic yards, all on high ground. Construction of a shelter building, 12'7"xl5'7 “, one story in height, located southeast of tee #12, located approximately 90' from the nearest property line, and requiring no variances to the zoning code. The proposed projects are located in the upper reaches of the watershed; runoff from this area travels though a series of swales, ditches, and wetlands before reaching Lake Minnetonke an approximate distance of 1 mile away; the proposed projects are insignificant within the overall watershed and will have nc significant effect on the quality or quantity of runoff watei entering Lake Minnetonka. The City Council has considered the application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. The City Council finds that granting a Conditional Use Permit tc allow the proposed excavation and construction projects will not be detrimental to the health, safety or general welfare of thf public, would not adversely affect light, air nor pose a fir« hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the propose< level of use of the property will be in keeping with the inten' and objectives of the Zoning Code and Comprehensive Plan of th« City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Oiono City Council hereb grants a Conditional Use Permit per Municipal Zoning Code Section 10.2C L Page 2 of 4 City of OROrVO RESOLUTION OF THE CITY COUNCIL NO. 1977 Subdivision 3 (C) to permit the construction of a shelter building and per Section 10.03, Subdivision 19 to permit certain excavation, fill and grading projects, subject to the following conditions: 1. The following excavation, grading, and filling projects are hereby approved subject to the applicant obtaining a grading perm.it once each year for projects to be completed in that year; a) Extension of tee #4, approximately 30 cubic yards of fill. b) Construction of low mounds on left side of fairway #11, filling of approximately 75 cubic yards. c) Pill in the existing bunker on hole #13, approximately 20 cubic yards of fill. d) Pond on fairway #5, 350 cubic yards excavation. e) Rebuild bunkers at rear of hole #8, approximately 1000 cubic yards of fill. f) Extension of the tee #17, filling of approximately 370 cubic yards. 2. Proper plans must be submitted to the building department for review and a building permit for the shelter building must be obtained prior to commencement of construction. 3. All filled, graded or excavated areas shall be protected from causing sediment erosion into adjacent waterways by methods deemed appropriate by the City Inspector until such time that the areas in question are revegetated. 4. The applicant shall notify the City 24 hours in advance of commencement of any of the projects so that the City Inspector can be present on the site as neceessary. 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 grantee herein, and shall be punishable as a misdemeanor. 6. The undersigned owner has read, understood and hereby agrees tc the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 5. V^;Vv:< vy^M City of OROTVO RESOLUTION OF "^HE'^ITY COUNCIL NO.iHl_______ 1986i ATTEST: Adopted by the Orcno City Council on this 14th day of April, / /oWthv”M.^allin,^City Clerk Mary C.Mayor >(1) Property Owner Page 4 of 4 ^ f*i£^ City of OROIVO HESOLimON OF THE CITY COUNCIL NO.1977 ■ il ?ril. STATE OP MINNESOTA ) COUNTY OP HENNEPIN ) ) ss. On this 30 ofbefore me a Notary Public within ^^ 1986 00^*'*^' STATE OP MINNESOTA ) COUNTY OP HENNEPIN ) On this }ss. 7^^NOTARY PUBLIC _. //^ /fB NY C JMMISSION' EXPIRES day of a Notary ,-uDlic within "a"ndlor sald County, persona\"ly''|pgnred person(s ) descriTin——u---------------known to me to be the and acknowledged that he ’=*'® f°'^eg°i''9instrument, (their) free act and deed- «*nnuted the same as his COUNCIL MEETING Application Date: 7/22/98 Completion Date: 7/29/98 60 Day Deadline: 9/27/98 AUG 2 4 1998 crn'cronoNO REQUEST FOR COUNCIL ACTION DATE: 8/20/98 ITEM NO.: § Department Approval: Name Paul Weinberger Title Assistant Zoning Admitiistrator Administrator R''x.iv?wed:Agenda Section: Zoning Item Description* #2402 Glen and Beverly Sauer 4104 Highwood Road Variances Zoning District: LR-1B Lot Area:28,614 One Family Rural Residential District square feet (.66 acres)____________ Application: The applicant has proposed to construct a new 22' '>8' two-stall garage to replace the existing 22' by 15' garage that was damaged by a storm in late spring. The new garage would have additional storage space to replace a 178 square foot storage shed that is prop; sed to be removed subject to the new garage being built. This application will require the following variances from the Zo- ling Code* 1.Hardcover in the 75'-250' to remain at 48.4® o where 25% is allowed. Although the hardcover in the zone will not change, the old garage would be removed and a new garage would be constructed. 2. Accessory Structure located closer to the road than the principal structure. 3. Encroachment of a stricture within the front yard setback. The nev; garage would be built in the same location as the e.xisting garage, 7' from the front lot line where 10 is required. PLANNING COMMISSION RECOMMENDATION: The Planning Comni.ssion mcommended by a 6 to 0 vote to: Approve the variances as submitted. COUNCIL ACTION REQUESTED: To approve or amerd the enclosed resolution. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) AND SECTION 10.03, SUBDIVISION 9 (D) FILE #2402 WHEREAS, Glen and Beverly Sauer (hereinafter "the applicants") are ovmers of the property located at 4104 Highwood Road within the City of Orono (hereinafter City ) aijJ ^gally described as follows: See attached, (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 17, 1998, at which times all persons desiring to be heard concerning this application were given the opportumty to speak thereon; and WHEREAS, the applicants have applied to the City for v^ances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) and Section 10.03, Subdivision 9 (D) to permit construction of a garage within 7' of the front lot line where 10' is required and closer than the principal structure to the lot line, and to allow 48.4% hardcover (within the 75-250 ’ lakeshore setback) where 25% is allowed. NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 42402. 2.The property is located in the LR-IB Zoning Disuict, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property' consists of .66 acres or 28,614 sq. ft. 3.ITie Orono Phmning Commission reviewed this application on August 17, 1998 and recommended approval on a vote of 6 to 0. Pace 1 of 4 r 4. The Planning Commission made the following findings of fact: A. The street side setback for the proposed garage would not encroach closer than the existing structure (7 feet from the front lot line). B. Detached garages with access facing away from the street only requires a 10' setback. C. Hardcover in the 75-250' lakeshore setback would remain 48.3%. D. The proposed accessory structure would be closer to the street than the principal structure. E. A drainage ditch located on the property causes frequent flooding. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the vanance 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 applicai:ts, but is '•.. ':essary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of tlie applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) and Section 10.03, Subdivision 9 (D) to permit construction of a garage within T of the front lot line where 10' is required and closer than the principal structure to the lot line, and to allow 48.4% hardcover (within the 75-250' lakeshore setback) where 25% is allowed. Approval was subject to the following conditions: 1. The storage shed is to be removed at the time the new garage is completed. Page 2 of 4 2. 3. 4. ATTEST: Authorities granted by this variance run with the property nDt 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 (August 24, 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 gnAnied 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 24th day of August, 1998. 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 24th day of August, 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. Notarv Public Page 3 of 4 L 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 foregomg 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 LEGAL DESCRIPTION OF PREMISES SURVEYED: All that part of Lot 40, described as follows: commencing at a point on the east line of said Lot 40. distant 151 feet south from the northeast corner thereof: the point of beginning of the land to be described, thence deflecting to the right (west) at an angle of 15 degrees 10 minutes a distance of 27 feet; thence to the left 12 feet to a point on said east line which point is 36 feet south of the point of beginning; thence north 36 feet to point of beginning. Lot 41 except that part thereof described as follows: Commencing at the Southwest corner of said Lot 41; thence northeasterly along the South line of the said Lot, « distance of 11.4 feet; thence to the left at an angle of 90 degrees a distance of 12 feet to a point on the west line of said Lot 41, which point is 16.7 feet from the point of beginning; thence southerly 16.7 feet to point of beginning. Lot 42, Highwood. Lake Minnetonka, according to the plat thereof on file or of record in the office of tlie Registrar of Titles in and for said County. o: denotes iron marker set I •: denotes iron marker found denotes existing spot elevation, mean sea level datum ^ Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the locat of an existing house, garage, shed, and all visible “hardcover" thereon. It does not purport to show any other improvements or encroachments. . N. TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 3,1998 SUBJECT:#2402 Glen Sauer 4104 Highwood Road Variance—Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) square feet (.66 acre) Application: The applicant has proposed to construct a new 22' by 28* two-stall garage to replace the existing 22' by 15' garage that was damaged by a storm in late spring. The new garage would have additional storage space to replace a 178 square foot storage shed that is proposed to be removed subject to the new garage being built. This application will require the following variances from the Zoning Code; I Hardcover in the 75'-250' to remain at 48.4% where 25% is allowed. Although the hardcover in die zone will not change, the old garag‘d would be removed and a new garage would be constructed. 2. Accessory Structure located closer to the road than the principal structure, 3. Encroachment of i structure within the front yard setback. The new garage would be built in the same location as the existing garage, 7' from the front lot line where 10* is required. Pertinent Ordinances: Section 10.24; LR-IB One Family Lakeshore Residential District Section 10.22, Subd. 2; Lakeshore Hardcover Regulations Section 10.56, Subd. 16(L)(2): Lakeshore Hardcover Regulations Section 10.03, Subd. 9(D); Location of Accessory Structures H2402 Glen Sauer 4104 Highwood Road Variances $/rm Page I ANALYSIS Lot Area and LR-IB Required Existing Proposed Lot Area Lot fVidth Rear Yard Side Yard 43,560 s.f 140 ’30’10’ 28,614 s.f 326'143 ’45’ 28,614 s.f 326’133’39’ Street YardlSide Street 35' T T line. Structural Coverage Total Lot Size 28,614 s.f. Total Structural Coverage Existing: 1,323 s.f. Proposed: 1,408 s.f The lot meets allowable structural coverage. Hardcover Distance from Shoreline 0'-75* 75’.250' 250-500’ 500'-1000' Total Area in Setback Existing Hardcover 4,739 s.f 23,875 s.f 2,292 s.f (48.3%) 1,745 s.f (7.3%) Allowed Hardco\y,r none (0%) 1,421.7 s.f (25%) 7,162 s.f (30%) none (35%) ^2402 Glen Sauer 4104 Highnood Road Variances Proposed Hardcover Variance Requested 0 none 2,292 s.f (48.3%) yes 1,688 s.f (7.0%) none 0 none A variance from allowed hardcover is required as the applicant would remove the foundation and subsequently replace it for the new building. The total amount of hardcover would not charige in the 75'-250' zone. The applicant is only replacing what currently exists, or building over existing hardcover. The lot contains only a small portion of land in the 75'-250 ’ setback from the lake. That portion of the lot is the highest area suitable to building on the site, resulting in a relatively high percentage of hardcover. The total hardcover for the entire lot is only 14.1%. ANALYSIS Variance STATEMENT OF HARDSHIP Applicant's hardship is included as Exhibit B. The applicant should also be asked for their testimony regarding this issue. rriteria for Determining Undue Hardship j 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 it is currently with the exception of the garage damage. The applicant has stated in his statement of hardship that his insurance ■‘mpany will not pay to repair the existing garage only to replace it. If the applicant i? v <o the zoning requirements the garage would be built in an area on the property that is vei^ to flooding. The applicant would also remove a storage shed that often floods after heavy rain and in the spring. Therefore he has requested a larger garage structure to accommodate additional storage. 2.The plight of the landoNMier is due to circumstances unique to his property not created by the landowner. The property' contains a large drainage ditch the often floods. The best area to build on the lot is the high area where the lot does not flood. U2402 Glen Sauer 4104 Highwood Road Variances 8^17/93 Page 3 3. 4. 5. 6. 7. 8 The variance , if granted, will not alter the essential character of the locality. 9. ghborhood or negatively impact neighboring residences.nei 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 wi*h this application. undue hardship also includes, but is not limited to. inadequate access to direct surtlight for solar energy systems, Solar access is not a consideration. The Board of Appeals and AdjustmenU or the Council may not pemit as a variance •o': any ut mattTotperrnitted'under this Chapter for the property m the zone where the affected person ’s land is located. The use of the property would remain applicant only intends to construct a new garage on the lot away irom to regular flooding. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The applicant will not be changing the dwelling status of the property. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot contains a large ditch for drainage. 'Z !mS«le flooding area. The lot is unique due to the large area of low land. The conditions do not apply generally to other land or structures i.i the district in which said land is located. M2402 Glen Sauer 4104 Htghuood Road yariances wrm tage4 Many other lots in the neighborhood do not have flooding problems that prevent development to occur in the buildable portion of the lot. 10. Tlie granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has an existing garage that was damaged in a storm. The new proposed garage would be constructed in the same location as the existing garage. 11. 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 granting of the variances will not constitute a public hazard. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The granting of variances will not create something new for the lot. The applicant has a legal, non-con<^ • "^ning structure on the lot serving the property as the proposed garage would. The variances are not a convenience due to the conditions already existing on the property. Added storage space available in the proposed garage would allow the applicant to remove a storage shed from the portion of the lot that regularly floods. Issues 1.The street side setback for the proposed garage would not encroach closer than the existing structure (7 feet from the front lot line). 2. 3. Detached garages with access facing away from the street only requires a 10' setback. Hardcover in the 75'-250' lakeshore setback would remain 48.3%. 4. The proposed accessory structure would be closer to the street than the principal structure. ^2402 Glen Sauer 4104 Htghnood Road I’ariances s/rm Page 5 1 STAFF RECOMMENDATION Staff recommends approval of the variances from front yard setback, accessory structure setback, and hardcover within the 75'-250' of the lakeshore. Attachments A. Application 3. Applicants Statement of Hardship C. Plat Map D. Location Map E. Topographic Map F. Survey G. Hardcover Calculations H. Photo of Existing Garage I. New Garage Plan J. Property Owners List K. Permit Record H2402 Glen Sauer 4104 Highwood Road Variances g^r/98 Page 6 ^VhTi ultJIWAfbli ililr Wv PAITC liTtrtliMCtW'.UjtllWilfW ft K«t)iwni fiLHlQ] WmEs^nj^ ^Ttrtimt WtW« TyiTirmat MilinfM EXHIBIT B <tr 1.V. > ^'6tP ^ 7^ /7^FLjd*^£- ’T^A'f /Ay TA/e~ flAY hy/fy^ fref/f/yis, TA/£ TAys-<>*/i.AA'^tr tA'At.i AyyT JT, T//e-^ h'/UA- /^efL^tAe /T. i~^ fA-A^A' /T 3S'4A i^ 776>€ fiy fid /’T'Ay^t-up A 7~^^f{_ /~i ^ ^^y)-p/^ 7 AA^'T F/t-L yp y^ y Y'^ys^y y^F fyye' >py^ y PAcyyr- T^t' Ff^-t F ?i2>si6 ryyFfi X /f fjo e>p pj^/ Xy ED T / y Ttye Sa-^ fi’ f^py^F ^yy >e^ AyyfiAy t-pHy/Xy y/.ftyxyi^ fipp Tyy^y^iFs jy /f y sa£P$ AFsrryyF- uy/sr. 7 •y'yJUUp lcaU£ TA/S F/O if paa *//»:«««>. fltl - Tfi£ sa fyi £ Ayp ypT ^y^^ Fyyt^ AfiPAef-cr 7<’a*'AI{j Tfyp SA/ p yy^PA x**'y‘^u tPiFsyd -rH£ i-cyA7tj i<Ap^i~pp p£^ AhL£ 7> pi-t-cAiA F^Z STyPI^(y£’ yt'XyiC APA xA/lS tyfi^i-L/y gC p P-y:Ap ^AP P<f-aE'. 0- Pfy:Tcy.Rtm pfieLyfcp , "N * *• * N ;i3/, '-a !(74) 4 V K> 4?f>e4, I C2) V b&r- (25) 4 V :?>_____ 7305" I 4^7. 9 (1) /. • (74) (I) —-.iV a -o K _ (5 «( ;*.>o _j . 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SHOREUNE PL 2-OaOTi^ AVE shoreu ^ 1 i^r I »ill o' -0/1 1 ^ I da R e 3R d 1» Black Lake 1-SMANNON LA r <r 2-ANGLESSLY iidsn*®-'-*-*-"o WTERLACHEH RO MCMiIan 'rd , qiK = RoS DRO ISRO «M ^ m __ 0 ^ Park ti •w MQiii nu :h |5Ti* ♦ ill w-^l^OWfiOMHIYRD "" ^ it'/j Pelican Point INCSTIR jMfllUJiO RO iMPTOW RO ^ *0 S <>y. GOOSE ,:?V c*ISLAND ^ Bay \ORONO \ ■^'VciSto EXHIBIT G Page 1 oir 2 C\L£H Sao B^HARDCOVER CALCULATION WORKSHEETSETBACK zone : (CIRCLE ONE) 0-75'. (^25?5 250-500' 500-1000' Existing Hardcover in Zone A. ‘ WousB '2l^ LENGTH X - 4" ^ ^ • WIDTH //MJea S.F.. ___S.F. 9 ■ . S.F. f77 'i- j?^5 . I / ✓ o r»Ae4*»t • « - S.F. AfMoOf CiXtC , S,F.‘->/,^ ar Q . _ - 2^3.^ * • • » • • • a .S.F. ••• SfF. • S.F. «* • S.F. 4 S.F. 3 StFs 9'2 .T • * • Si Ft 473<7 I S.F* X 100 - ‘7> /V>ucf CiAAfGJIiHt /S^UTi. ev*ST/AyG //4i4 C*t/fA . IlM IlM* fVmw.-m 5 /v.V M mm y> m . mt^ *^v ••■ f‘ ’ ‘^-‘■\ -.rt '■ ■■' * * r> *• vj_ . y •». ;-< 'V! - f i V .«i.s'?« • .• ,. RUN DATE 97/17/98DATCN 589PROP AODR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAM TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAM/ADDR PROP AODR OWNER NAHE TAXPAYER NANE/ADDR S8 07-117-2S 49 0009 09075 NX6HW00D RD R S PROCHNOW ISO PROCHNOW ROBERT S i SARAH 8 PROCHNOW 9075 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0012 09099 HXGHWOOD RD ALONZO 8 SERAN XXX ALONZO 8 SERAN XXX 9099 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0015 09109 HXGHWOOD RD G W 8 J L APPLE8AUH GEORGE W/JOANNE L APPLE8AUH 9109 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0037 00038 ADDRESS UNASS16NED JANES H CLEARY JAHES CLEARY 9109 NORTH SHORE DR HOUND HN 55369 38 07-117-23 99 0057 00038 ADDRESS UNASSIGNED STATE OF HXNNESOTA STATE OF HXNN 38 07-117-23 99 0062 09*056 NORTH SHORE DR HARXLYN J RENO HARXLYN J RENO 9056 NORTH SHORE DR HOUND HN 55369 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST38 07-117-23 99 001009079 HXGHWOOD RD JOHN T SANBORN ETAL J T SANBORN 9079 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0013 09101 HXGHWOOD RD GARY L GERHUNDSEN GARY LAWRENCE GERHUNDSEN 9101 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0031 09132 HXGHWOOD RD SCOTT G I CATHERINE ANDERSON SCOTT 6 8 CATHERINE ANDERSON 9132 HXGHWOOD ROAD HOUND HN 55369 38 07-117-23 99 0038 09109 NORTH SHORE DR JAHES H CLEARY JAHES CLEARY 4109 NORTH SHORE DR HOUND HN 55369 38 07-117-23 99 0058 00038 ADDRESS UNASSXGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 99 0063 09099 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 9090 NORTH SHORE DR HOUND HN 55369 REPORT NO. PX935901 PAGE 1738 07-117-23 99 001109091 HXGHWOOD RD F L JOHNSON SDL FOSS FREDERIC JOHNSON 9091 HXGHWOOD RD HOUND HN 55369 30 07-117-23 99 0019 09105 HXGHWOOD RD J B 8 H J EASLEY JAHES B 8 HELISSA J EASLEY 9105 HXGHWOOD RD HOUND HN 55369 38 07-117-23 99 0033 09108 HXGHWOOD RD JASON H THEXS JASON THEXS 9108 HXGHWOOD RD HOUND HN 55369 38 07-117-23'99 0056 00038 ADDRESS UNASSXGNED HENNEPXN FORFEXTED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 99 0059 00038 ADDRESS UNASSXGNED HENNEPIN FORFEITED LAND CITY OF ORONO P 0 BOX 66 CRYSTAL BAY HN 55323 38 07-117-23 99 0069 09090 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 9090 NORTH SHORE DR HOUND HN 55369 t *’V RUN DATE I7/17/9StATCH 5t4 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST REPORT NO. PI4S5401 PAGE ISPROP AOOR OWNER NAME TAXPAYER NAHE/AODR 38 87-117-23 44 884584844 NORTH SHORE DR GREGORY N PRICE GREGORY N PRICE 4848 NORTH SHORE DR HOUND HN 55344 38 07-117-23 44 887408838 ADDRESS UNASSIGNEO VIL OF ORONO CITY OF ORONO PO BOX 44 CRYSTAL BAY NN 55323 38 87-117-23 44 087404051 HIGHHOOD RD E A VONGRIES ET AL TRUSTEES ALEXANDER 8 EDITH VONGRIES 4851 HIGHHOOD RD HOUND KH 55344 . •-0 wso ^^ asO M PROP AODR ONNER NAm TAXPAYER NAHE/ADDR SO #7-117-23 AA #077 0A#A1 NORTH SHORE DR D i S MCCURDY DALE J MCCURDY AOAl NORTH SHORE DR MOUND MN 555bA 30 07-117-23 AA 0005 0A06A NORTH SHORE DR DAVDI M JONES DAVID M JONES A06A NORTH SHORE DR MOUND MN 5536A SO 07-117-23 AA 0006 OAIOA HI6HW00D RD GLEN I BEVERLY SAUER GLEN I BEVERLY SAUER AlOA HIGHHOOD RD MOUND m 5SS6A PROP ADDR ONNER NAME TAXPAYER NAME/AODR 30 07-117-23 AA 0007 0A116 HIGHHOOD RD PHILLIP M OTTO PHILLIP OTTO A116 HIGHHOOD RD MOUND MN 55S6A • s TOTAL BATCH 50A 00025 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION. TO THE BEST OF HY KNOWLEDGE AND BELIEF. c .J/ DATE F. O . ^10 .• j t ) EXHIBIT K PERMIT RECORD COUNCILMEEJINa AUG 2 4 1998 crr/croRO^^o REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gafiron Title: Senior Planning Coordinator OOUNdHEETINQ AM 2 4 1998 cnvoronoNo Dale: August 20, 1998 Item No = 1 Agenda Section: Zoning Item Description: #24M Otten Brothers Nursery, 2350 West Wayzata Boulevard - Commercial Site Plan Approval (Amend PUD Agreement) Application: Zoning District; B-6 (PUD-1), Highway Commercial District, Planned Unit Development Request for commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. List of Exhibits A - Revised/Corrected Survey B - Letter & Photos from Neighboring Property Owners C - Memo and Exhibits of 8-14-98 Summary of Request Otten Brothere Nursery and Landscaping is preparing to construct a 132\ 144' greenhouse addition area^ch is sL^^d byl‘*o"J^nII;io^^^Xe“s^^^^^ project, and the existing bituminous walkways will remain in place. M exisring 40'x90' canopy section will be removed to allow greenhouse construction and this „„ 11 ' survey also shows the boundaries of the Otten holdings which are commercially zoned, and indicate the location of a new retaining wall / loadinf dock under construction (without the required land alteration permit) on the future road corridor^oullot. f #2404 Otten Brothers Nursery August 20,1998 Page 2 Pertinent Code Requirements Review Process ZoninR Code Section 10.53, Subds. 5 & 7 indicate that any change to the approved final PUD development plan that increases the 'cube' of a building by more amendment of the final development plan, pursuant to a ^ document that amends the conditions of the PUD Agreement and is signed l^y both the City and the property owner. The City Attorney will address how this should be formatted. Review of Proposed Greenhouse snd Site Plfln Please see the memo of August 14 for a detailed review of the proposed greenhouse and a general update review of the site plan. Retaining Wall / Loading Dock The wall system recently constmeted within Outlet C is intended to function as m o^n loading dock area The wall construction is of manufactured landscaping blocks and therefore likely «ould not need engineering design even though sections are 5-6 feet in height. However, this work d«s require a land alteration permit, and certainly requires site plan approval since it is located w i a ?oad outlot. Outlet C is owned by the Otten ’s, and the City has an underlying R™"* ^ Easement subject to a restriction which limits the City's ability to develop a toad until a number of conditions are met (see Exhibit 1). The applicant has noted that of re-usable materials and could be easily disassembled at such future time that the Outlot is developed for road purposes. The PUD Agreement is mute as to uses of Outlot C, hence this retaining wall / loading dock must be considered as an amendment to the Agreement, as is the greenhouse constraction. Staffs concerned about the impact of activity here as it relates to ."'ighl»n"g residem.a^^^^^^^ which would otherwise enjoy Outlot C as somewhat of a separation buffer. It also wll as an additional eneroachment of our access to the well house. An alternative to this locauon would . . b». "y».1 #2404 Otten Brothers Nursery August 20, 1998 Page 3 be to construct a free-standing 3-sided loading dock within Lot 2. Required loading docks are regulated in the Special Provisions section of the Zoning Code (Section 10.61 Subds. 11-17). Loading docks are not allowed in required yards, so it can be argued that the proposed dock must be set back as much as 35* from Outlot C (B-6 required setback for an accessory structure). Although staffs initial reaction upon viewing the loading dock under construction was that it is in a logical location, further consideration and discussions in-house have resulted in staff concluding that this is not be an appropriate location. Planning Commission agreed. Neighbor Comments At the August 17 public hearing. Planning Commission received a letter from Patrick Pugh of 725 Dickey Lake Drive (north side of Dickey Lake Drive directly across from Otten ’s) and received comments from Joel Walvatne of 710 Dickey Lake Drive (adjacent to Otten's). Both focused on screening issues. Pugh noted visual and noise concerns. Walvatne noted that he is unsatisfied with the screening that was accepted by the City when the site was initially developed. He commented that the trees and berm do not provide the visual screen that he anticipated. Staff agrees that the area of the site visible from Dickey Lake Drive, especially near the truck parking lot and north of the rock bins, needs attention in order to provide effective screening. The areas of Lot 2 to the east which are generally also used for storing landscape materials, are less visible from the north and fairly well screened from Highway 12. Planning Commission Recommendation Plannin Commission generally indicated acceptance of the greenhouse addition as appropriate and in character with the architecture and use of the property. Planning Commission agreed with staff th.'it the loading dock should not be placed within Outlot C, since the outlot was intended for future read purposes and not as an extension of the working area of the commercial site. Planning Commission sympathized with the concerns of the neighboring property owners but was unable to gain a clear understanding from Walvatne of any specific changes he would suggest for the screening. Planning Commission suggested that Otten's take the initiative in meeting with Pugh and Walvatne to come up with a screening enhancement plan that will address the neighbor's concerns. Planning Commission voted 6-0 to recommend approval per the staff recommendation (Items 1-5 below) with an added condition that applicant meet with the homeowners to resolve the screening issue. #2404 Otten Brothers Nursery August 20,1998 Page 4 Staff Recommendation Staff recommends as follows: i 1. Approval of an amendment to the PUD Agreement to allow construction of the greenhouse as proposed. 2. Denial of the proposed location of the loading dock / retaining wall system within Outlot C 3. Approval of a loading dock to be constructed at some undefined site within Lot 2 that meets a 35' setback from Outlot C. 4. Approval of the relocation of the 40 ’x90' canopy to the proposed site east of the storage bins in Lot 1 that meets the 35' setback to Outlot C (proposed at 40 ’+). 5. Applicant to relocate the light posts at the Highway 12 entrance to meet a 5' setback from the right-of-way. 6. Applicant to meet with neighbors and establish an enhanced screening plan for Council review and approval; such plan to potentially include additional plantings, fencing, and/or materials storage screening. COUNCIL ACTION REQUESTED Direct the City Attorney to draft the appropriate documents to amend the PUD Agreement to allow the proposed greenhouse construction, subject to conditions as noted. 11 0m ^o ® \ t* i I s 1 ? ? II. 8 a. % i e f s. ? I 8 1 i S' I f I W O >rn M ' pS n O 8 ^ ^ I" i s i I8 8 ; 8 sa 5- } i i 1* I f I ■nm T oo Xm m 2z oocz ■H -< zm C/)o "D > 70 H O *T| m > CO H o ooo CO O -H ^ rn-H 70md ^ o OD ;H PD'^ O o Ci^:o-< (/) T|mo 73^ N onr S3* o —I ^ , m-H 70md od5 OO C/)"^ C- m'::o< (/) T)mo 30^ 1 Runninira JL ■ '7 - .V'f • > 2!- -• . , J.V-. ■- jV ■j .'^■ t' •• -■'•V!-5« i -pffpfr'^> r ■ «» : ' :>V' »* v;, .V '..awiir/^T^'VV ■—'-r-^i :t ■’. ■ . V '■' ■ ■■ -'.i I pr'"' • -X z ^V>Tc / 'l^ -K / ' V . '• ^‘3’' r // To: From: Date: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator August 14,1998 Subject:#2404 Otten Brothers Nurser>', 2350 W. Wayzata Boulevard - Commercial Site Plan Review (PUD-1) - Public Hearing Zoning District: Application: B-6 (PUD-1), Highway Commercial District, Planned Unit Development Request for commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey (Existing) E - Proposed Site Plan F - Construction Plans/Elevation Views G - Resolution No. 2692 (Sept. 1989) - Original Site Plan Concept Approval H - Resolution No. 2794 (April 1990) - East Willow Woods Plat Approval I - Original PUD Agreement & Attachments J - B-6 Zoning Code K - Code Sections re: Loading Berths L - Originally Approved Site Plan Summary of Request Otten Brothers Nursery and Landscaping is preparing to construct a 132'x 144' greenhouse addition at the east end of the main building. This greenhouse will cover a portion of the current open area which is surrounded by an open canopy structure (see Exhibits D, E ^ will be used for virtually the same retail sales function as currently exi^sts, p „nd the controlled environment. No site grading is anticipated as part of the greenhouse project, and the existing bituminous walkways will remain in place. An existin' 40'x90' canopy section will be removed to allow greenhouse construcl.on, and this «noTwm poLtially te relocated further north on the site. A revised survey tncluding the propped location of this canopy section is expected to be submitted Larina That survey is also expected to show the property boundaries correctly (the ^ubnimed survey is incorrect, Ld will indicate the as-built location of a new retaimng wall' ^ under construction (without the re.iuired land alteration permit and site plan approval) on the future road corridor outlet. 1 1 #2404 Otten Brothers August 14, 1998 Page 2 Pertinent Code Requirements This property was created and the existing site plan approved via a Planned Unit Development (PUD) process, which involved a subdivision and rezoning to B-6 (PUD-1) and which was subject to a PUD Agreement defining standards and conditions for how the property may be used. This Agreement (Exhibit 1) works in conjunction with the B-6 standards which govern the site. Proposed Greenhouse The ^eenhouse is essentially a steel frame structure of posts and trusses supporting a polycarbonate sheeting roof system, with side panels and roof vents that can be opened as needed. It is intended to be architecturally complementary to the main nursery building, and the applicant will be able to describe the features which tie the two buildings together architecturally. The greenhouse will be functionally, but not physically, connected to the existing building by a covered walkway. Building Official Lyle Oman has noted that the greenhouse will be required to have a fire sprinkler system. All buildings on the site are on Lot 1, East Willow Woods. Lot 1 is approximately 6.5 acres in area, and the proposed greenhouse structure and relocated canopy will increase structural coverage of Lot 1 (including buildings and canopies, excluding open bins and storage areas) from about 48,000 s.f. (17%) to about 66,000 s.f. (23%). Neither the zoning code nor the PUD Agreement establish a prescribed upper limit on the percent of lot coverage allowed. The entire site is outside the Shoreland District and is not subject to hardcover limitations. Perhaps half or more of the greenhouse site is already hardcovered. The City Engineer has reviewed the site plan with staff and concluded that the amount of additional runoff generated by this addition appears so minimal that there is no need for additional drainage facilities as a result of the addition. A stormwater drainage pond does exist at the northwest comer of the site. The applicant is advised to contact the Minnehaha Creek Watershed District to determine whether that agency will have any stormwater rquirements for this site. The location of the proposed greenhouse meets all pertinent height and setback requirements of the B-6 District. The 18 6' peak height is significantly lower than the 32'6" peak height of the main building. The greenhouse will have no impact on traffic circulation for the site. The enclosure of the current space with a greenhouse is not intended by the applicant to change the use of that space, but to provide it with climate control that allows its use to be e.xtended in the spring and fall. No additional parking is proposed. Staff is unaware of any past parking deficiencies on the site, and unless further review suggests to the contrary, staff does not feel additional parking is necessary. No new signage is proposed in conjunction with the greenhouse addition. 1 #2404 Otten Brothers August 14,1998 Page 3 General Site Plan Review Permit activity since the original 1990-91 development of this property has been minimal, including occasional interior remodeling of the commercial tenant spaces, signage, landscape sprinkler systems and a thatched-roof gazebo. The current greenhouse proposal is the first site plan revision of a magnitude to require a commercial site plan review since initial development of the site. As a result, staff has conducted a site inspection with the property owner and the Building Official, primarily to review how the site has changed and how it is being used. The original subdivision divided the site into Lot 1, on which all the buildings are located, and Lot 2 to the east which is used primarily for nursery materials and storage activities with no buildings. The only significant divergence from the initial site plan is the recent construction of a retaining wall system apparently within Outlot C (the future service road outlot) north of lot 2. This is addressed later in this memo. In comparing the current state of this site to the original approved site use and landscape plans, the site appears to be essentially in conformance with those plans. There are a few areas where screening shrubbery or trees have perhaps not thrived as well as anticipated to provide screening, such as adjacent to the truck parking area north of the production shed. There also are a few areas of outside storage that need ongoing attention or better screening; but in general the site is well kept and is not an eyesore by any means. The Public Works Department has commented that the storage activity does tend to occasionally hinder easy access to the City well house on Outlot B, and requests that applicant limit his activity in this area to allow easy access to the City facility and not encroach onto the well site. It was noted that the City has yet to complete the improvements to Otten's driveway access to Willow Drive. This has been approved by the City and staff is attempting to get the contractor to complete this work. The recent construction of landscaping around the pylon signs along Highway ' i and Willow Drive has been reviewed by staff and we have concluded that this will be considered as incidental landscaping and will not require formal approval or permits. The portion flanking Highway 12 is under MnDOTs purview. Also, new brick light posts flanking the Highway 12 entrance to the site have been identified to the applicant as an issue because they are slightly less than the required 5 ’ setback from the lot line, and applicant has agreed to move them to meet the setback. Retaining Wall / Loading Dock The wall system recently constructed within Outlot C is intended to function as an open loading dock area. The wall construction is of manufactured landscaping blocks and therefore likely would not need engineering design even though sections are 5-6 feet in height. However, this work does 1 #2404 Otten Brothers August 14, 1998 Page 4 require a land alteration permit, and certainly requires site plan approval since it is located within a road outlot. Outlot C is owned by the Otten's, and the City has an underlying Road and Utility Easement subject to a restriction which limits the City's ability to develop a road until a number of conditions are met (see Exhibit I). The applicant has noted that the retaining wall system is made of re-usable materials and could be easily disassembled at such future time that the Outlot is developed for road purposes. The PUD Agreement is mute as to uses of Outlot C, hence this retaining wall / loading dock must be considered as an amendment to the Agreement, as is the greenhouse construction. Staff is concerned about the impact of activity here as it relates to the neighboring residential property, which would otherwise enjoy Outlot C as somewhat of a separation buffer. It also will tend to act as an additional encroachment of our access to the well house. An alternative to this location would be to construct a free-standing 3-sided loading dock within Lot 2. Required loading docks are regulated in the Special Provisions section of the Zoning Code (Section 10.61 Subds. 11-17). Loading docks are not allowed in required yards, so it can be argued that the proposed dock must be set back as much as 35' from Outlot C (B-6 required setback for an accessory structure). Although staffs initial reaction upon viewing the loading dock under construction was that it is in a logical location, further consideration and discussions in-house have resulted in our concluding that this may not be an appropriate location. Planning Commission should consider the short- and long­ term ramifications of allowing this loading dock on Outlot C. Review Process Zoning Code Section 10.53, Subds. 5 & 7 indicate that any change to the approved final PUD development plan that increases the 'cube' of a building by more than 10% must be processed as an amendment of the final development plan, pursuant to a public hearing. The final result will be a resolution that amends the conditions of the PUD Agreement and is signed by both the City and the property owner. Note that minor site revisions are subject to review’ by an established 'Development Review Committee' which consists of the City Planner, the Senior Planning Coordinator, and the Director of Public Services. This committee was used for review of Otten Brothers' tenants canopy signage in 1994. Issues for Consideration 1. Does Planning Commission have any specific concerns with proposed greenhouse addition? 2. Is Planning Commission satisfied w ith the current state of the site's landscaping plan? #2404 Otten Brothers August 14,1998 Page 5 3. Will Planning Commission recommmend approval for the loading dock as proposed within Outlot C, or should it be relocated within Lot 2? 4.Are there any specific site plan concerns regarding current use or activity at this site? Staff Recommendation 1. Staff recommends as follows: Approval of an amendment to the PUD Agreement to allow construction of the greenhouse as proposed. Denial of the proposed location of the loading dock / retaining wall system ^ with a recommendation that it be relocated to a site within Lot 2 that meets a 35 setback from2. 3. 4. Outlot C. Approval of the relocation of the 40'x90' canopy to a site east of the storage bins in Lot 1 that meets a 35' setback to Outlot C. Applicant to relocate the light posts at the Highway 12 entrance to meet a 5' setback from the right-of-way. Options for Action 1. Recommend approval per staff recommendation. Recommend approval with additional or different conditions than staff recommendation.2. 3. Table for further information (specify). 4. Recommend denial. 5.Other. Pr Application # Date Received 7 Amount Paid ^* CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION \ U. hU,7^-k Orvro /f.7 Type of Application to be Filed _ / Property Identification Number (P.I.D.) ?</• //«6o7y APPLICAN Name (... _________ Addres ser? Name 6ro•^^.<rS _ Phpn^(work)_ OWNER (if different tl^ applicant) Name LD C _ Address f?0. f Phone (home). yt/*^ Phone ( City L t ^ L^K-C Phone (home). Zip City Lo Phone (work). M£« V7-?-s~yp$" Zip. 9 Date Property Acquired 1 a-> Srf ___________ I (do not) also own the adjacent parcels of land. (month/year) 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 - 501 cu. yd. or inore ____ 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 r"V> ^ \ %;Io 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 W ’-i :quired submittals Completed Application Form. Describe request in detail. X 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, 348-3271). X 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). 7. X 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). 8. X Construction plan, if applicable (see staff for requirements). 9. /yA 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 (11" 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 i' 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 infixed in review of this application, and certifies that the information supplied is true/^d corre^to t^ b^,of his^er knowledge. Applicant ’s signature / Date OWNER'S signature : The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members fqj^purposes ^f investigatingand^ verification of this request. Owner’s signature Date/ ^ — 7 Applicant must have all stibnfinals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. July 22, 1998 Description of Request We are requesting to build a greenhouse structure that would cover a portion of the existing plant sales lot (see plans). This would allow more shopping for our customers when the weather is uncomfortable. It also would provide better protection for the product”^loss^^^ resulting in a higher quality product and less The Structure would include 3 36’x 132' and 1 36'x 92' greer^ouses connected by gutters. The shorter one of the four is set back further due to the existing canopy which will stay in pjLaC0 • Legal Owners Clifford L. Otten (a married person) I I a •3 " V—----- 1 p 4 9 ■ ~5?nr“ j«TI f Its 2C) ♦ - 1 1 i rr.:: 3 ? IK f RUN DATE 06/15/98BATCH 501PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADOR PROP ADDR OWNER WANE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST38 33-118-23 11 000300038 ADDRESS UNASSI6NED ORONO PLAZA ORONO PLAZAC/0 REIERS60RD LAW OFFICE 6500 66TH ST W HPLS HN 55626 38 36-118-23 22 0007 00735 DICKEY LAKE DR P 0 SK006 A S L SK006 PAUL 8 SHERRY SK006 735 DICKEY LAKE DR LONG LAKE HN 55356 38 36-118-23 22 0016 00710 DICKEY LAKE DR J 6 WALVATNE 8 D F WALVATNE JOEL 8 DIANE WALVATNE 710 DICKEY LAKE DR ORONO HN 55356 38 36-118-23 22 0020 00038 ADDRESS UNASSIGNED COL OTTEN CLIFFORD 8 LOUISE OTTEN BOX 269 LONG LAKE HN 55356 72 36-118-23 23 0001 02399 WAYZATA BLVD W GEORGAYN C KRAHER GEORGAYN C KRAHER 2990 SUHHER SET LA LONG LAKE m 55356 72 36-118-23 23 0023 02225 WAYZATA BLVD W PERRY’S VENTURES INC PERRY’S VENTURES INC 2205 W WAYZATA BLVD LONG LAKE HN 55356 38 36-118-23 22 000500701 DICKEY LAKE DR P 8 K PUGHPATRICK 8 KAREN PUGH 725 DICKEY LAKE DR LONG LAKE HN 55356 38 36-118-23 22 0016 02350 WAYZATA BLVD W COL OTTEN CLIFFORD 8 LOUISE OTTEN BOX 269 LONG LAKE HN 55356 38 36-118-23 22 0017 02251 PINE RIDGE LA COL OTTEN CLIFFORD 8 LOUISE OTTEN P 0 BOX 269 LONG LAKE HN 55356 72 33-118-23 16 0025 00072 ADDRESS PENDING SYSTEH CAPITAL REAL PROP CRP SYSTEN CAPITAL REAL PROP CRP P 0 BOX 66207/AHF O’HARE CHICAGO IL 60666 72 36-118-23 23 0002 02365 WAYZATA BLVD W R E HAUGEN 8 D V PETERSON DARYL R CARLSON P 0 BOX 386 HAPLE PLAIN HN 55359 72 36-118-23 23 0066 00572 TAHARACK AVE GEORGAYN C KRAMER GEORGAYN C KRAHER 2990 SOMERSET LA LONG LAKE HN 55356 REPORT NO. PI635601 PAGE 1 RUN Di BATCH38 36-118-23 22 000600725 DICKEY LAKE DR P P PUGH 8 K L HAGELEE P PATRICK 8 KAREN PUGH 725 DICKEY LAKE DR P LONG LAKE HN 55356 38 36-118-23 22 0015 00038 ADDRESS PENDING CAL OTTEN CLIFFORD 8 LOUISE OTTEN BOX 269 LONG LAKE HN 55356 38 36-118-23 22 0018 00038 ADDRESS UNASSIGNED CAL OTTEN CLIFFORD 8 LOUISE OTTEN BOX 269 LONG LAKE HN 55356 72 33-118-23 16 0026 00072 ADDRESS PENDING SPEEDWAY SUPERAHERICA LLC SPEEDWAY SUPERAHERICA LLC C/0 PROPERTY TAX RECORDS 539 MAIN ST S FINDLAY OH 65860 72 36-118-23 23 0003 02365 WAYZATA BLVD W R E HAUGEN 8 D V PETERSON DARYL R CARLSON P 0 BOX 386 HAPLE PLAIN HN 55359 72 36-118-23 23 0065 02325 WAYZATA BLVD W RICHARD R RUUD ET AL ELITE AUTO /. RICHARD RUDD 2325 W WAYZATA BLVD LONG LAKE HN 55356 PROP i OWNER TAXPA’ NAHE. r--. a UfM‘ 2’-0” t0-0 144 -U X az -U RLIAIL AKLA-10’-6” TRUSS CLEARANCEVERTICAL POST SPACING: 3” x 3" SQUARE 12’-0” ON CENTERTRUSS SECTION: PLACED 12’-0” ON CENTER TRUSS SYSTEM: 2 1/2", 2”. 1.66” O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8" x 8” x 1/2" ANCHOR PLATE COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-REZN0R FE250 1, HORIZONTAL AIR FLOW: 20 - 12” HAF FANS ' (4) 36’-0” X 12’-0” BI-FOLD DOORS 10’-6" CLEAR OPENING (1) 24*-0” X 12'-0” BI-FOLD DOORS 8’-6” CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK EXIST!GREEN r'2- 144’-0 FROM VIEW a iW\iitilll tiill 1! lllllllllllllllllllllilllllllllllllllHIIIIIIIIIIII 132 ’-0 SID VIEW F RIG SID VIEW REAR VIEW / EXISTING greenhouse --------------144 1011 M 1 f «-------------------M-------------------• 1 1 1 c 1 1 U 1 1 (1 c 1 () ( (1 ( (1 ( 1 1 I 1 I 1 1 c 1 1 1 1 1 1 1 II (1 I 1 I 132 1 II 1 I 1 I c 1 1 11 I 1 1 1 c 1 1 II I ) 1 1 (1 II I I () I 1 1 -----------------------108 ’-0 ”----------------------- -0" VERTICAL POST LAYOUT NOTE: ALL DIMENSION ARE CENTER TO CENTER OF VERTICAL POSTS. OTT :n b ROS DATE* 4-13-98 Dwa N 44493-8 DRAWN BYi CJ SCALE- NONE CHECKED BYi REVISED DATEi 6-30-98 DATE SENT TO SHOP-SENT BYi REVISED BY. CMJ (soi m i INCORPORATFD P.O. BOX 458 CASTLE ROCK. MN 55010 (800)852-3443 #2404 r D VIEW RIG SID HEIGHT: WIDTH: 18’-6”/16’-6” 36 ’-0” ^ SIZE SHOWN: 132’-0” x 144 ’-0” ' X 40 ’-0” RETAIL AREA -8’-6” TRUSS CLEARANCE 144 ’-0” X 92’-0” RETAIL AREA -10’-6” TRUSS CLEARANCE VERTICAL POST SPACING: 3” x 3” SQUARE 12’-0” ON CENTER TRUSS SECTION: PLACED 12’-0” ON CENTER TRUSS SYSTEM: 2 1/2”, 2”, 1.66” O.D. GALVANIZED TUBE ANCHORING METHOD: VERTICAL POST W/ 8” x 8” x 1/2” ANC COVERING: 8MM POLYCARBONATE SHEETING CLEAR/WHITE GAS FURNACES: 10-REZNOR FE250 1 HORIZONTAL AIR FLOW: 20 - 12” HAF FANS (4) 36*-0” X 12’-0” BI-FOLD DOORS 10’-6” CLEAR OPENING (1) 24 ’-0” X 12’-0” BI-FOLD DOORS 8'-6” CLEAR OPENING RIDGE VENTS - ALL HOUSES ROLL UP INTERIOR WALL- HAND CRANK 1 \ OTTEN BROTHERS ~ 7-07-98 REAR VIEW - Denotes Sliding Door 144*-0 —ir-r—j VERTICAL POST LAYOU i; * ' / \ 'V \ • I //i ‘ .J ! . V Hi G CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL 2692 A RESOLUTION APPROVING THE GENERAL CONCEPT STAGE OP A POD REZONING APPLICATION THAT INCLUDES A PRELIMINARY SUBDIVISION, VACATION AND COMMERCIAL SITE PLAN REVIEW FILE NO. 1428 WHEREAS, Clifford Otten of Otten Brothers Nursery and Landscaping (hereinafter "the applicant") on June 23, a formal Planned Unit Development rezoning application w^^h tne City consisting of a two-lot commercial and residential lot line rearrangement subdivision, partial vacation of Pine and drainage and utility easements within the Ringerswood plat, and a commercial site plan review for proposed Lot 1 commercial subdivision, of the properties legally Lots 1 and 2, Block 3, Ringerswood and Outlot A, Ringerswood, Hennepin County, Minnesota (hereinafter "the property")? and WHEREAS, after due published and mailed accordance with Minnesota Statues 462,358 et. seq. and the City of Orono zoning and Platting Codes, ^heOrono Planning Commission held a public hearing on August 21, 1989 at which times all persons desiring to be heard concerning comprehensive application were given the opportunity to spea thereon; and WHEREAS, at their regular meeting held on September 11, 1989 the Orono City Council considered the application for a Planned Unit Development rezoning consisting of a subdivision, vacation and commercial site plan review, noting the fol ow ng findings of fact: 1, The property is located within an area adjacent to Highway 12 that would be permitted special land use considerations per the directives of Comprehensive Plan Amendment No. 2 and under Sections 10.52 and 10.53 of the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor Study Area , the application has been found to satisfy the standards set forth as follows: A) The total area of the proposed commercial portion of the Planned Unit Development consists or approximately 13 acres. The rezoning standards would require a minimum of 5 acres for consideration. Page 1 of 7 CITY OF ORONO Mil)*] •ItH* X::!* K« auB] i:iili •if^* IMH«J r«iic« r«vci«] r«ii9ii*i Mill*] r*¥k¥«l I i i r^CITY I'lPRONO J City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2692________ _______ proposed vacation of existing drainage and utility easements within existing Lots 1 ar * Block 3, Ringerswood is acceptable as new drainage and utix-.ty easements will be • dedicated along newly created lot lines of the residential lots. 6. The commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 zoning district. Per the directives of Comprehensive Plan Amendment No. 1, B-6 zoning standards shall be applicable for all commercial development within the Highway 12 Corridor. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the general concept stage of the Comprehensive Planned Unit Development rezoning application for Clifford Otten of Otten Brothers Nursery and Landscaping per the survey entitled "Preliminary Plat", dated June 23, 1989 by McCombs Frank Roos Associates Inc., subject to the following conditions: 1. Outlot C shall be realigned along the southern border of Lot 1 to straighten out the curving of the roadway. 9 2. Final adjustment of lot line rearrangement of Lots 1 and 2, Block 3, Ringerswood to be finalized subject to the approval of the zoning staff of the City of Orono. 3. The final plan must locate the eastern portion of east/west frontage road (Outlot D, Sugars Wood) to confirm alignment with Outlot C of current subdivision. 4. Submit new legal descriptions for commercial portion of propsrty to be rezoned to PUD with underlying B—6 zoning and redefined southern boundary of RR-IB residential zoning district - subject to review and approval by Orono. 5. If temporary (ingress only) access is approved off of Highway 12, applicant is to submit wr_itte n permit —from , MnDot . In addition, applicant's commercial site plan is to be amended to confirm location of curb cut approved by MnDot . ? Page 3 of 7 J imi%City of OROIXO RESOLUTION OF THE CITY COUNCIL NO. 2692 iOFONO'ilk«.¥fSir;^ all j . Minnehaha Creek Watershed Distrie^ nf' ?PPl/caft"sL?f PUDiev“lop=L°t!r^™7S' f prepare for formal application to the Mcwn storm sewer calculations for ponding areas complete for the ?i°ty?s® rev/elf""" ^P«“i«tlons are 1 ni« Ridge Lane that abutts north lot line of Lof- oy City^ bit shll^^'^re'^ shall not be approved for vacation Rior^ir V e- shall remain as an access corridor to Lot 2 rA«?-iDickey Lake Drive. All anc<^s«? to \ — the''f^^T^^Srr'7^^4. shall be dis^ntlnued witFT \ irne flpprova j tnis subdivision anH P[|D rezoninq.------------^ within^utlot^A drainage easements’^^^^'tJT ^n^ex'chl^ge^forle over said de^sntion^ ifond.^ acquire drainage easementssn‘.-.S”;, ;~"f t'-;."XA-'.5 :.“a»s; .h..... .tcSf s.;;4sisiA-rfiX.7 ^plat approval. changes:® site plan must reflect the following width wheK^la®ne,1^A''®‘'®^® "“®‘ "i®- ® ^0- minimum^ fI lane - <5^^ / - ^ -<?o p®lant^‘nS^®^^"5Tla^n'^o't-a't*io®t %p; c) Detailed Ughting plan - type and location. 7 ^ Page 4 of 1 » - . m■ •* '>> • tPJ ^^CvCITY Lorono City of OROTVO RESOLUTION OF THE CITY COUNCIL NO. 2692 ________ ? il signage plan. ^^UULttZK. E) Loading berth - size and location. , -xijnrPiz^rv^ Conditions noted-above and the following list of final submittals must be submi^:ted as part of the final development stage of the PUD rezoning application and must be submitted to the Zoning Administrator 30 days prior to a regularly scheduled Council meeting held on the second and fourth Mondays of each month : A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per survey by McCombs Frank Roos Associates, Inc. and if amended revised plan must be approved by City staff final to surveyor preparing final plan. bj Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of^ drainage easements over all drainage ways and detention ponds within the plat. d) Define open space/buffer area to residential property, east/west frontage road and property to be deeded to City to house municipal well as outlets. e) Show alignment with Outlet D of Sugar Woods along east side of plat. * f) Dedicate additional right-of-ways for adjacent public roadways as follows: i. 7' additional right-of-way for Willow Drive; ii. 10' additional right-of-way for Highway 12. g) Name of subdivision. " Page 5 of 7 / iItVCITY City of ORONO RES<^ UT’ON OF THE CITY COUNCIL NO. ___ 2692 DOCUMENTS required: j/ a) Title opinion addressed to the City. All owners^ yr"mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed drainage easements over detention areas ar.d drainageways within the plat (see seunple enclosed), d) Executed road and utility easement over east/west frontage road. Outlet C (see easement enclosed). e) Executed Development Agreement by applicant and City. Development Agreement shall identify timing of of the required improvements associated with the development and developer's financial commitment related to these improvements. A final development plan shall be attached to this agreement locating all structure^; ^^riveways, landscaping, define use of each area with.^n proposed structure, areas devoted to open space de; «.ned in square footage, parking area, define area to be used within Lot 2 for temporary use by landscape operation. No signage shall be allovred on Lot 2, only on Lot 1 where the principal use is defined. A Letter of Credit shall be submitted with the Developer's Agreement for all improvements not completed by final approval of the development stage of the PoD. The Letter of Credit shall ba made out to the amount of 150% of the cost oi the improvements yet to be completed. C. DETAILED SITE PLAN suitable for recording showing the physical layout of easements, rights-of-way, utility lines and facilities, lots, blocks, public and conjnon open space, general landscaping plan, and structure. % ^ D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha Creek Watershed District and the Orono City Engineer. . Page 6 of 7 m E-iiLjiBEES TO BE PAID: Total Due $6,050.00 City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2692_ _ _ _ _ a; Park dedication fee per current schedule: $500 per acre = $6,500.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $300.00 (Total due $6,950.00 less overpayment of $900.00 paid with original application fees for road) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of September, 1989. _- —XiAAi. ATTEST: JameslR. Grabek,^+IayorI' orothy MT|Hallin, City Clerk STi'TE OF MINNESOTA ) } SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of September, 1989. by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ary Publ UURIE W ICHEFFLER NOTAlt fJniC - MiNNlSOlA HENNEPIN COUNTY My commiiiicn t6-8«93 My Commission Expires Page 7 of 7 r r-i.- Ai'i.City of OFtOINO I CITY^X OBi QRQNa RESOLUTION OF THE CITY COUNCIL NO. 2794_________ A RESOLUTION APPROVING THE PLAT OP EAST WILLOW WOODS PILE NO. 1428 WHEREAS# che City of Orono is a municipil corporation organized and existing under the laws of the State of Minnesota; and WHEREAS# the City Council of the City of Orono (hereinafter "City C<7^ur'cil") has adopted subdivision regulations for the orderly# ecohcvmio and safe development of land within the City; and WHEREAS# the City Council has considered the application for a subdivision of a plat by Clifford L. Otten (hereinafter "the subdivider"); and WHEREAS# per Resolution #2692, the subdivider has submitted an executed Planned Unit Development Agreement for the City Council s consideration and final execution# said agreement sets forth the terms and conditions of the PUD rezoning (hereinafter referred to as "PUD-1")# said agreement shall govern if there is a conflict with other documents created with the implementation of Application =^' 428; and WHEREAS# per Resolution #2692# the subdivider has submitted an executed Developer's Agreement providing for the installation of certain improvements as a condition of commercial site plan approval for the comprehensive garden center use; and WHEREAS# the subdivider has submitted an executed Sewer and Water Agreement for the Council's consideration and final execution that sets forth the allotment of current and future sewer and water units to the subdivider and a schedule for their payment and agreement to sell Out lot B to the City of Orono for a future municipal well and pump house site; and WHEREAS# the subdivider has submitted an executed road and utility easement over Outlet C# the future east/west frontage road that limits construction of said road until either one or more of the four following conditions are realized: 1. Until such time as the developer< *iis heirs# successors or assigns# request same; or Page 1 of 5 M i rr.-- 't .A City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794 til such time as an east/west frontage road is constructed from Willow Drive through East Willow Woods and Sugar Woods to Brown Road with one southerly extension from Sugar Woods to Highway 1?., and another southerly extension to Highway 12 to line up with Brimhall Lane; or 3. Upon the rezoning of Lot 1 and/or Lot 2, Block 2, East Woods^ to a commercial zoning district; or 4. Upon the development of Lot 2, Block 1, East Willow Woods, separate from the ownership or uses of Lot 1, Block 1, East Willow Woods wherein access to Lot 2 shall be via Outlet C unless the City, in its sole discreation, determines that alternate access is adequate for said Lot 2. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all platting requirements of Resolution #2692. 2. Dedication on the plat of right-of-way for a public road shown as Willow Drive. 3. Dedication on the plat of Drainage and Utility Easements . 4.of four outlots for the following purposes: Outlot A is designated as an open space area to serve as a drainage/detention area and as an area providing a landscape buffer to residential properties to north. The subdivider has granted separate drainage easements over this drainage area. Outlot B is designated for a municipal well site and pump house and to be owned by the City of Orono upon sale by subdivider. Outlot C is created as a future east/west frontage road. Outlot D is set aside for additional right-of-way for Highway 12 for future acquisition by the Minnesota Department of Transportation. Page 2 of 5 r FT** City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2794 i'i.V'» feQRQNCE ®*^®wncurrent with the creation of Outlet C, the future east/west road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot. Other limitations specified with the granting of this easement have been noted above. 6. The Minnehaha Creek Watershed District (permit #89-182) granted approval of grading, drainage and erosion control plans by McCombs Frank Roos and Associates on '•V14/89. It of septic testing for residential Lots 1 and 2, Block 2, East Willow Woods, confirming that the newly configured lots each have adequate area for on-site septic development as follows: Lot 1, Block 2 - tested sites for principal and alternate. Lot 2 - existing principal system is satisfactory. Alternate septic testing confirms adequate area for on­ site sewage treatment system. 8. The Orono staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and indentify them as part of the official record for the East Willow Woods subdivision and PUD No. 1: A) Approval of commercial site plan with internal signage by Kilstofte Associates Inc. Architects dated 4/5/90. B) Approval of grading, drainage and soil erosion plan by McCombs Frank Roos Assocates dated 11/15/89, printed 4/6/90. C) Acceptance of elevations of main building/accessory building by Kilstofte Associates Inc. Architects printed 1/4/90. D) Approval of landscape plans by Otten Brothers Nursery dated 6/23/89. E) Approval of signage plans by Kilstofte Associates Inc. Outlets printed 4/5/90. Page 3 of 5 SomSr City of ORONO resolution of the city council NO. 2794--------------- in the_ _ _ _yment to the City of a Park Dedication Fee amount of $6,500.00. a. a. r-Jw for the legal review and filing of10. Payment to the City for tne J.eg amount the plat agreements, easements and covenants of $300.00. 11. payment of the final plat fee in the amount of $150.00. NOW. THEREFOBE. BE IT “SOLV® that^the^City^Couj,ci^^^^^^ ^He^nepi): C°o^ntT to "the following condition: 1. upon the final »PP ”J»\,i\"^„rwoodsrthf cSuncirofthS county, Minnesota. 2. Upon the execution °/ ^direct^its ^Mayor and woods, the City council of 0^°"° by this Clerk to execute other ^ ^ot limited to subdivision and Development Agreement,the following: Planned ^nit D^velopme Developer's Agreement ^nd Sewer & Wat ^9^^^ documents Orono City staff shall . title of the appropriateshall be filed against the chain of title ot one vv properties. 3. The aforesaid plat shall be ^Jf ice on or with the Hennepin bounty Registrar ^Ltified originalbefore October 23, 1990 together with a certit copy of this Resolution and ments, easements and covenants note . j v»\r 4-hi ^ Resolution shall expire if The approval granted hy this . above. In that the plat has not been filed by t P ^^ication with the event, it will be necessary to file a new app City of Orono for subdivision review. Page 4 of 5 ,r. •-.*. fORONa City of OROINO RESOLUTION OF THE CITY COUNCIL NO. _________ ated this 23rd day of April, 1990, AT' EST: orothy Hallin, City Cle Jamfes R. Grabek>-Wayor STATE OF^INNESOTA ) ) ss. city of Orono Document Form Revised 10/87 CITY OP ORONO HENNEPIN CX)UNTY, MINNESOTA PLANNED UNIT DEVELOPMENT NO. I ArREEMENT FOR East Willow Woods (Name of Development) Clifford L. Otten (Name of Developer) NOV 1 9 1990 THIS AGREEMENT, Made and entered into this 23rd day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called ''City*') , and Clifford Otten, his heirs, successors and assigns (hereinafter called ''Developer*') . WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD) and resolution no. 2692 of the City that granted preliminary approval of PUD, subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this^ agreement to provide for conformance with the City's Planned Unit Development ordinance (PUD), all on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description: Lots 1 and 2, Block 1, and Outlets A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (someLimt.* herein referred to as the "Property"). 2. Zoning: The Property is zoned as a Planned U*^it Development under the Orono planned unit development ordinance with underlying B-6 zoning. The Property may be hereinafter referred to as PUD-1. 3. Permitted Uses: The buildings and the signs shown on the site plan attached for which the Developer has reguested Page 1 of 6 Initials of Developer Initials of City 4. building permits are to be constructed only on Lot 1. The first floor of the main building, including its greenhouse portion, has approximately 24,644 square feet of space with the Developer initially proposing to use approximately 14,244 square feet for his business, leaving approximately 9,600 square feet of rental space. The second floor of the main building has approximately 9,600 square feet of space, of which the developer will use approximately 5,040 for his own business, leaving approximately 4,560 of rental space. The storage building, including covered storage, has approximately 7,200 square feet of space. The production greenhouses (approximately 4,920 square feet) are also shown on the site plan attached. The Developer's uses of Lot 1 specifically include sales, service and rental uses for a landscape and garden business, including yard and garden equipment, and supportive and related uses. The permitted uses of Lot 1 include the Developer's above described specific uses, the zoning district B-6 permitted uses, and the zoning district B-1 permitted uses except arts and school supplies stores, barber and beauty shops, books, magazines, record shops, drugs, candy, ice cream, soft drinks, cosmetics and other usual drug store merchandise, dry cleaning and laundry pick-up stations including incidental pressing and repair, jewelry shops and repair, laundromats, music, newsstands, pipe and tobacco shops, retail foods, tailor shop, and wearing apparel. Other uses may be allowed subject to an amendment of this PUD. Lot 2 may be used for the storage of plant, garden and landscape related supplies and materials in conjunction with the Developer's use of Lot 1. Lot 2 may also be used for zoning district B-6 permitted uses. In conjunction with Lot 1 use and under same ownership. Lot 2 may be improved with structures subject to City issuance of a conditional use permit and commercial site plan approval so long as such structures are built of the same materials and of the same quality as the developer's structures on Lot 1 and so long as such structures are greenhouses which are auxiliary to the Developer's business on Lot 1. Such conditional use permit shall require appropriate screening of the structures from Highway 12. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD Agreement. The foregoing uses are permitted pursuant to this PUD Agreement. Site Access; The present access to Lot 1 is via Highway 12 and Willow Drive. For the purposes of this PUD Lot 2 may only be accessed through Lot 1 and the ingress only access via Highway 12 and only so long as Lot 2 is owned Page 2 of 6 Initials of Developer Initials of city Clerk^^^^j^ 5. 6. 7. and used by the owner of Lot 1 as part of the landscape and garden business on Lot 1. For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from the road will not take into account the presence of the existing Willow Drive access; the City agrees that the construction of the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lots 1 and 2 is approved as part of the PUD for ingress only. In its sole discretion the Orono city council by a three member vote may approve the right of egress but only upon the request of the owner of Lot 1. If Lot 2 ceases to be owned and used by the owner of Lot 1 in conjunction with the use of Lot 1 or is developed independently, then Lot 2 shall be obligated to develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Building Design and Construction: The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors as shown on elevation plans attached to this agreement. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot 1, such structures on Lot 2 shall be constructed of the same materials and of the same quality as those on Lot 1. Height; The portions of the flat roof are at a height of 30' or less. The two story portion of the building with the gabled roof is 32'6" to the peak, 21'8" to the eave, and 27' to the mid-point. The height of this building to the peak not to exceed 32'6" is permitted pursuant to this PUD Agreement. Signs: The signs and signage in said Lot 1 shall conform to the Sign Plans (4 pages) dated April 5, 1990 on file with the City and are permitted pursuant to this PUD Agreement. In consideration of the fact that the said sign plans permit Developer's pylon sign to be closer to Initials of Developer Initials of City Cler)^ Page 3 of 6 10. 11. 12. Willow Road than is otherwise permitted by ordinance Developer agrees to relocate such sign at anv time tha'i- either Willow Road is upgraded and such road upgrading in the opinion of the City makes the said pylon sign locItiSn a hazard, or prevents normal and customary road maintenance. ^ goinpUance: At any time and from time to time the Developer may request that the city provide the Develonei- a certificate certifying that the teLs and prlv^ili^S A5«eMnris"in complied with and that this PUDAgreement is in full force and effect with resnect tn mortaaop^^^ purpose of facilitating sale, mortgage, insurance, or other matters. To the extent that there be any bona fide defaults in such complLn^e th^ Developer shall be afforded a reasonable time to brino the sha?iconformance, and thereafter the city^ shall be obligated to provide such certificate. ^ gindipg Effect: The terms and provisions hereof shall hf» binding upon and inure to the benefit of thlheirs representatives, successors and assigns oHhe parties hereto. References herein to Developer, if t^r^be more This agreementat the option of the City shall be placed of record iraf o give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. in this agreement it shall be required eitK^oartv demand be given or served byeither party to this agreement to or on the other oartv^ such notice or demand shall be de? -red personallv mailed by United States certified • l (return recLnt requested) to the addresses set tor " ^<;n^h • or demand shall be deemed timely giv^ . 'deliverer^°® Notice to City City of Orono Clerk/Administrator P. O. Box S') Crystal Bay, MN 55323 Notice to Developpr Clifford L. Otten P. O. Box 249 Long Lake, MN 55356 ^ Reference All plans, specifications our«;nan^ improvements furnished and let oar? ofagreement shall be and hereby are made a out he^eilj in^fin!’^'''' reference as fully as if set . Citv^the^c^fv^r^^'' understood and agreed that theCouncil, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contrL^orl, Initials of Developer Initials of City ClerkPage 4 of 6 subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the improvements. 13. Hold Harmless and Indemnification; The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 14. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the city in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. 15. Controlling Agreement. To the extent that there is any difference or ambiguity between this Planned Unit Development Agreement and other agreements between the city and the developer, this Planned Unit Development Agreement shall control. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of: /' t' /I / THERESA L NAAB notary PUQLIC - MINNESOTA i HENNEPIN COUNTY My conMiiission «xpi/as 9^92 • I CITY OF ORONO Page 5 of 6 Initials of Developer Initials of City Clerk Revi0W0Cx for Administration! Date: /L^. 0 29, ^ /f f- - - THIS INSTRUMENT V/AS DRAFTEQ BY t (lY CP O 0./v9Tf^ P?\^ (name and address) STATE OF MINNESOTA) } ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 23rd SANDRA K. RODENZ !; I ! ii. ^tsui NOTARY PUBLIC - MINNESOTA . 1 ♦ v«;r-iLV HENNEPIN COUNTY _ My Cowrrl»t'" ' ■ T»pJf** S*pt 2S. 1W1 I f m m ^ ^ ( rJf T1 Notary Public STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) The foregoing instrument was aclcnowledged before me on this 23rd dav of April, 1990 by James R. Grabelc, Mayor, and Dorothy . Hillin,^City Cler)c, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporatize- Notary Pubnc y wsr-sa OCT 22/i'' z , /> Page 6 of 6 Initials of Developer Initials of City IJ ORONO FUD AGREEKENT INDEX Plat of East Willow Woods B-6 zoning standards Plans: Commercial Site Plan (with internal signage) Grading, Drainage & Soil Erosion Control Pla Slope Analysis printed 4/6/90 Landscape Plans 6/23/89 Elevations of main building/accessory buildi Road and Utilities Easement over Outlot c ? f fl [ K • o ;or c • CD • 1/1 • ^ • » I c lA « — I • I -• W loM I • I <• ^ IK. ?t If ;{ II \l i\r 11 w f I I r I f i ii f IP , • • tw (I r I li l;r I i ■ I ’I11 «i I r [ I I V. \]}t.r* mm m* •m m 00 m % • 0 i !t| !! ff I % I’l*s I anSs ? f U ir ll » t I t *J #y Cl tl II is I irn 5! lli»!iH| liilt"fit {i!li)lljk. ilI'i! \ a ii Iif f 'l‘!l I ip I Ma I i‘•{ 1 iSI iiil!li! 11' fir •f) t I if!in i»5 ii! I - # f tf 1‘5 III PIn :!! ■.i tl I i ii ii ! " i f( li ii c f I I! !l i c f • ••• t! tls .( I’ I ( f • • • ’ ' 1 ' !l ! I 'li f-hM! 1 m If ! Ill I!it i! \m~iirii f||li ■liii! •_a_f li!I • V «• • m C/> *. •• ^ O €oooc/> SitaiitofltP nlW^S’inn^l «• x:ecs;c»>r ia3cx:si |s«;;ca3^t|P Sicas-siiil e«(MM*cai ■aas*M«at • «aN«3S8S D 0 10.45 5BCT20N 10.45 B-S BIGHWAY COKKEBCIAL DISTRICT Subd. 1. Purpose. The purpose of the B~6 Bighway Co&mercial District is to provide a coBnercial district specifically tailored to accomplish \be commercial development objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. All applicants for a building permit in any ”B-€* Highway Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any *B-6* Highway Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council. e A. Offices (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. E. Restaurants (Class I). Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B*6 District as the underlying toning district. Conditional Use A. Within any *B-€“ Highway Business District, no structure or land shall be used for one of the following uses e::cepw by conditional use permit: 1. Any business listed as a permitted use in the xone that includes a drive-thru condition. Subd. 5. Accessory Uses. Within any •B-6* Highway 10.45 9 Business District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "B-l" Business District. Subd. €. Area, Height, Lot Width, Setback Requirements and Design Requirements. The following minimum requirements shall be observed subject to additional requirements and exceptions contained in Section 10.52 of this Title. , A. Lot Area B. Lot Width C. Setback - Principal Structure two acres 100 ft. I ti Front 30 (35)ft. * Side Interior 10 (35)Hift•Side Street 30 (35)ft. Rear 30 (35)M lf t•D. Setback - Accessory Structure Front 30 (35)ft. ♦ Side Interior 10 (35)M lf t•Side Street 30 (35)ft. Rear 30 (35)ft. E. Setback - Parking Front 15 (20)ft. Side Interior 5 (10)ft. Street Side 10 (15)ft. Rear 10 (10)ft. Setbacks in parentheses apply adjacent to al 1 residential districts. ♦30 (35) feet or 1 1/2 times the building height whichever is greater in determining front setbacks for principal and accessory structure onlv, F. Drainage. No land shall be developed and no use 351-2 ^ * *10.45 ••v:. i. • •• '2st •V '?■ ^ V'K^' >L». j *.kai> r*euits in «ater runoff causing floodi, .h.ll be Site .n.1 dr.in.S. eto.lon, »'/'P“Vt.rtt.a%rthV.ppHe.«t In eoeh d.t.ll « tbe* council tna tho*. plan, .ball be tevi.-ed by the City Engln.er before f to be properly J“Intrl“r.iut.l -etercouree' pondin, area, .tor. drain ro”ir^Jb"nc‘f".:!nti.a. xny cbange in jutledletion over tbe are. affected by tbe dr.ln.9e. I- n.loht BO atrocture or building eh.ll exceed 2-1/* ...... ...... •■ ■■ 10.75. B. kt leant twenty five percent (J5%) of the parking area ahall be landscaped. The following »inl-u« .lie. .hall be required at the time of plantlngi 2-1/2 inches in dianetar 1-1/2 inches in diameter 6 feet tall 5 gallons Qverstocy Deciduous Trees Ornanental Trees coniferous Trees Major Shrub plantings I. All tra.b and tra.b b.ndlin, ‘.VtUhel •tored within the ptineipel "j structure, or • ttuctute .cce.alble fron public atreeta and totally screened from eye-level i atructures src •djacent residential propertlea. building asterlal proposed, they shall be construct ® served through swinging as the principal structure and be readily serve doors. J. Ganges* accessory structures, screen walls m 10.45eipoeed areas of retaining walla ahaii b« of siailar type, quality and appearance aa tha principal structure. K. The ground level view of all oechanical utilities ihall be coapletely accftnad from contiguous properties and adjacent streets, Qr designed to be compatible with the architectural treatment of the principal structure. Lt External loading and service areas must be completely screened from the ground level view from contiguous residential or commerclsl properties and adjacent atreets, except et access points. M. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent reeidentiel windowa. ^0 .V ;5‘ • • f f JWiiirdw' liniw ■—^ IW I •I 1^-;W r ?i!i!JJII: n 1' 9 ti tl I'll. 1^. •it I •*^**«««« • «.*•* # _ i w.■ ' '.r X/ .• i« ^ -•• A U ! <P lil. '-'diETS 'i ll:''^!'. s ■ ji^ . yt . I • **«*’f • JLV ^|| 5|. (i> '.IK, ♦ . • *i • ^IiJv •(Ml.7:1':it _j_vvi:u .<4€*__ •-te ! •4 X i:- i • ■1 ,.vB If i *'•i8£2??jL®®1____________I f * i- 1 -iij. ivl t ( I /*----1- / i****»^ i f1' ii " I 11^ ' T W « VI • ^ _____kliili i)'i;!i3 IMi .j.^^AjuMM«iM«MkAAAA*AAMAAAAAAAAMAAAJUUUUUUrAAJ>M_f_ili 41 — i L •11 4 iin ► f? I1, H I??hi H iji! ! rrr n f V » « > *c .. I t I w. I »1 •k 0 S ! !!. : I Ml ;• tit irf! HI ft ft * ^ i s n 1§£ 8£ tS0S'' I o $ t;;: I : ’‘Cfc j •S*?• •=fcH^4tetow O0!V£ Vi •jlll *[![( •i! . V •. • • # ' % • ^ A* h ’• . . *.1 A • * • I •. «. .I- •>V I %• ••• V V- '• '•#.t .. ...» - iiNi'r.vLi.oi>K.u- .rV*-.'. i -1— ——---------------------------------------------•—Ir—----------------‘ • • I* • • »«V ■ ''••'vV. * '* i t i •• • % • • • • V. : t .. • V # • • j ••• • • • • :»• • •■ • o r mw —iS) -----© (D ! t 4 © J ^ -in*I - '-1+© ROAD AND DT1LITIB5 BASKKEHT i2lil THIS INDENTURE,this on f and day of between rUffr^rH Often and Louise Vakefleld Otten. husband and wife hereinafter referred to as "Grantor (s )*, and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee*. WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and for other good and valuable consideration given by Grantee, the receipt of which is ac)cnowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, an easement for for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota, as follows: See Exhibit A attached including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate, and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to ma)ce such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein siay be enforced by injunction. TO HAVE AND TO BOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: IN WITNESS WHEREOF, said Grantor (s) have set their hand(s) on the day and year first above written. Clifford L. Otten Louise Wakefield Otten © > STATE OP MINNESOTA ) ) 6S. COUNTY OF HENNEPIN ) day ofOn this _______ —^ — _________ ■ -------- , - -r- before me personally appeared Clifford L. Otten and LoulAe Wakefield Often .husband & wife to me known to be the person (s) described in and who signed the foregoing instrument, and acknowledged that they executed same as their free act and deed. Apiil NOTARY PUBLIC STATE DEED TAX DUE HEREON: This Instrument was drafted by: POPHAM, BAIK, SCHNOBRICH, KAUFMAN k DOTY 4344 IDS Center Minneapolis, MN 55402 (612) 335-9331 EXHIBIT A outlet C. East Willow woods, subject to tte restriction that no^oiS sSill be constructed thereon until: 1. such tine as the Grantor, his heirs, successors or assigns, requests same, or 2. until such time as J” willow^Woods and Sugar constructed from '^J^^ith^^one*eitherly extension from Sugar Woodsextension to Highway 12 to line up with Brimhall Lane, or 3. upon the reroning of Willow woods to a connercial zoning d s , 4. upon the developnent of Lot 2, Woods separate fron the ownership and uses of ^ alternative access is adequate for sa At such tine as a road is constructed on Outlot C, outlot C may also be used for trail purposes. If and to the ©xt^t benefit of the vacated, 2 Block 1, East Willow Woods, :K\rSi"?anS^ 5?^^g\rr?h^ek5 of Outlet C. § 10.45 SECTION 10.45 B~6 HIGHWAY COMMERCIAL DISTRICT Subd. 1. Purpose. The purpose of the B-6 Highway Commercial District is to provide a commercial district specifically tailored to accomplish the commercial development objectives of the Highway 12 Corridor Study Section of the Orono Comprehensive Plan. Subd. 2. Application. All applicants for a building permit in any "B-6" Highway Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "B-6" Highway Business District, no structure or land shall be used except for one of the following uses or uses deemed similar by the Council. A. Offices (business and professional). B. Banks and financial institutions. C. Libraries. D. Motels, and hotels. E. Restaurants (Class I). Subd. 4. Relationship with Chapter 10.53 Planned Unit Development. Other types of commercial uses and mixed use developments may be applied for through the planned unit development process. Applications that include commercial uses within the Highway 12 Corridor shall assume the B-6 District as the underlying zoning district. Conditional Use A. Within any "B-6" Highway Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Any business listed as a permitted use in the zone that includes a drive-thru condition. Subd. 5. Business District, uses: Accessory Uses. Within any "B-6" Highway the following uses sha^ be permitted accessory A. Any accessory use regulated in the "B-1 Business District. ORONO CC 351-1 Ordinance 67, 2nd Series Adopted: 5-8-89 Lot Area two acres Lot Width 100 ft. Setback - Principal Structure Front Side Interior Side Street Rear 30 10 30 30 (35) (35) (35) (35) ft. ft. ft. ft. Setback - Accessory Structure Front Side Interior Side Street Rear 30 10 30 .30 (35) (35) (35) (35) ft. ft. ft. ft. Setback - Parking Front Side Interior Street Side Rear 15 5 10 10 (20) (10) (15) (10) ft ft ft ft § 10.45 G. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. H. At least twenty five percent (25%) of the land area shall be landscaped with grass» approved ground cover, shrubbery and trees. At least three percent (3%) of the land area within a parking area shall be landscaped. The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees Ornamental Trees Coniferous Trees Major Shrub Plantings 2-1/2 inches in diameter 1-1/2 inches in diameter 6 feet tall 5 gallons I. All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structure and be readily served through swinging doors. J. Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type, quality and appearance as the principal structure. K. The ground level view of all mechanical utilities shall be completely screened from contiguous properties and adjacent streets, or designed to be compatible with the architectural treatment of the principal structure. L. External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except at access points. M. The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows. ORONO CC 351-3 Ordinance 67, 2nd Series Adopted: 5-8-89 ORDINANCE NO. 152__, SECOND SERIES AN onniNANCE amending sections 10.40, 10.44 AND 10.45 OF THE ORONO ZONING CODE BY ADDING, DELETING OR AMENDING CERTAIN PERMITTTO OR ?S?ion S us ^ytthn the b-1 retail sales business district , the B-5 BUSINESS DISTRICT AND THE B-6 HIGH>VAY commercial district The City Council of Orono ordains as follows: Section 1. Municipal Zonine Code Section 10.40, Subdivision 3(A) is hereby ^«ded by adding *e rawing use to the list of pennitted uses to the B-1 Reta.1 Sales Busutcss Dtstnct: "32. Home and garden equipment rental." Business District; "6. Home and garden equipment rental." "E. Restaurants (Class D" Section 4. Municipal Zoning Code Section 10.45, Subdivision 4 is hereby deleted and the following language substituted in its place: "Subd. 4. Relationship with Chapter 10.53 Subd. 4.1 Conditional Uses. A. Within any "B-6" Highway Businew District, no smicture or land shall be used for one ofxhc following uses except by conditional use permit: 1. Restaurants (Class I). 2. The follovving uses when such use includes a drive-thru condition: a. Offices (business and professional). b. Banks and financial institutions. c. Libraries. d. Motels and hotels.' Section 5. Adoption and Publication. This ordinance shall be published in The Pioneer and The Laker newspapers and shall become effective immediately upon publicaUon. Adopted by the City Council of Orono, Minnesota on this 28tb day of October, 1996 by a vote of 5 a yes and 0 nays. ATTEST: ^nor^hv NTm^Urn. Citv Clerk N u 9 I « < I < I I I f § 10.61 P. Restaurants, Cafes, Bars, Taverns, J^ht Clubs. At least oneXfor each 80 square feet of public floor a&^. \Q. Furniture Store, Appliance Star%, Warehouse Under 15,000 Sqliare Feet of Floor Area, Auto Sa^,^, Grainhouses Kennels and Studios, At least one parking s^»^ce for each 500 square feet in excess of the first 500 square .feet of floor area in the principal structure. R. Aut^ Repair-Majo^ Bus Terminals, Taxi Terminals, Boat and Marine Sales and^ervice. Bottling Companies, Shop for Trade (employh^ six p^<^ple or less). Garden Supply Stores, Building Material^ Sal^. At least eight off-street parking spaces, plus one addlti^al space for each 800 square feet of floor area over 1,000 including warehousing and all outside sales and storage/area related to the sales and service functions. ^ S. Sluing Rinks, Xki Areas, Dance Hall, Public Auction House, and/Similar Recreational Uses. At least fifteen off-street parkir^spaces, plus one additional space for each 300 square feet of ^oor area over 1,000 squa^ feet. T. Manufacturing, Fabrication or Processing of a Product or^^aterial. At least four off—street\parking spaces, plus one ady/Cional space for each 800 square feeb^of building. One additi^al off-street packing space shall be p^rovided for each 2,500/square feet or fraction thereof of land dented to outside storage- ____ _ _ _ _ _ _ _ _ _ _ _ _ _^ Subd. 11. Application of Loading Rules to All Districts. The regulations and requirements regarding off-street loading and unloading shall apply to the required and non-required loading and unloading facilities in all the districts. If, in the application of these requirements, a fractional number is obtained, one loadina space shall be provided for a fraction of one-half or more, and no loading space shall be required for a fraction of less than one- half. Subd. 12. Location of Loading Berths. All loading berths shall be 25 feet or more from the intersection of two street ^i^ht—of—way lines. Loading berths shall not occupy any yard requirement bordering a street. Subd. 13. Size of Loading Berths. Unless otherwise specified the first berth required shall not be less than 12 feet in width, and 25 feet in length. Additional berths shall be as specified, but not less than 12 feet in width and 25 feet in length, all loading berths shall maintain a height of 14 feet or more. Subd. 14. Access to Loading Berths. Each loading berth shall be located with appropriate means of access to public street or alley in a manner which will least interfere with traffic. ' ‘ ORONO CC 387 (4-1-84) r § 10.61 berths. All loading It: surfacing of - durable material.Subd. 15. surra ^.jj^p^oved with a oura berths and accessways allocated as a A/r c:*-oraqe Prohibited. comply with the Subd. 16» access drive so a -i-nraae of goods, required not be used ^^t^f the area necessary terms hereof , ^ be included as a part o iSTelf tyo^f'-street parking area. subd. 17. i^s°aV usted, the minimum number o use of the i ^be as shown.loading berths shall b miildina. * — loading oemia shall HaU . Public Building, ^ Auditoriums, Convention HaU^^^ V Hotel sports Arena. to 10,000 squareHospital,, schools Hotel^^^P building having 1.000100,000 square 25 feet in leng buil<3ings berth 50 feet in length,of floor area. ,.ir,nal loading berrn feet of floor area \ \ I I I I t I i I I 4 Sport:s qq lUfUuu ----- for each building ^000 to 100,000 square ^3 tecu a... ------- buil<3ings berth 50 feet in length.feet of floor area, additional loading berth feet of floor area, on -^^qtores. Offices. At •1 ^Ales and S6tvic6 HnildiriQ having B- felt in length for loading least one loading ^*'£*^^00^ area or more plus one ^ up to *b;“r“th *5rfeetn*n^°e^h° fir buildings over 25,000 100,000 sq Manufacturing, Fabricatj.o^n,^^?^t^^^^^^^ ^ irtAding bacth 25 wViorpoC plus ons warehousing. V“oO “squafe f "et or !”=“5°SoS irol'e^eet ofbuilding having 3,000 q length for each 25,00 q, berth fot loading berth 50 fee square feet E>J-“\be first 100,000 square floor area up f° of flo°s business shall have theeach 50,000 square ® jqpecator °f fhe "ired for buildings feet of floor area. me ^ £he berths ^®'>““®bat one-half or Option to declare cggt^ of fleet area, be 50 feet mfboi°e 100,^0 sqoar®^_^feet o^ „,,,sed shall more ef the tora D Other. There sh^aU^be^pt^e^vtde^^^ street leading ^-/"/il.^'bu'Tref materials by vehicles, require receip Mntor fuel statiens tn a feet shall be lallV used or m an ion of tnis abuts P‘'°P®“^bl*\’’dequate-,ly ”'»i"'^®^'lhin th^e^^tUum®^ Jlr"e%% t^^of-ey Uhs. i i 1 1 ORONO CC 388 (4-1-84) I Ki4L'4 Application Date: Completion Date: 60 Day Deadline: 7/22/98 7/22/98 9/20/98 COUNCIL M££TINQ AUG 2 4 1998 REQUEST FOR COUNCIL ACTION DATE: 8/20/98 ITEM NO. Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2407 Lane and Kelly Moore 3438 Livingston Avenue Variances Zoning District: LR-IC Lot Area:6,625 One Family Lakeshore Residential District square feet (.15 acre) Application: The applicant has proposed to construct a 16' by 22' garage on the lot. The garage would be located 3' from the lot line. All other lot requirements are met. This application requires the following variance: 1 . Side yard setback of 3' for an accessory structure where 10' is the requirement. 2.The applicant had provided a plan that was within hardcover requirements, but the Planning Commission recommended to keep the 88 s.f. planter on the property considering it an asset. A variance from allowed hardcover is required to permit 36.0% hardcover where 35% is allowed. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Approve the variance as submitted with the change to allow additional hardcover. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBD. 9 (D) AND SECTION 10.22, SUBD 2 AND SECTION 10.56, SUBD 16 (L)(2) FILE NO. #2407 WHEREAS, Lane and Kelly Moore (hereinafter "the applicants") are the owners of the property located at 3438 Livingston Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lot 19, Block 2, "Navarre Heights, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 17, 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 10.03, Subd. 9 (D); Section 10.22, Subd. 2; and Section 10.56, Subd. 16 (L) (2) to permit the construction of a garage 3’ from the side lot line where 10’ is required and to allow 36.0% hardcover in the 500-1000’ lakeshore setback. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2407. 2. 3. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .15 acres or 6,625 sq. ft. The Orono Planning Commission reviewed this application on August 17, 1998 and recommended approval by a vote of 6 to 0. Page 1 of 4 5. 6. The Planning Commission made the following findings of fact: A. The lot is undersized for the zoning district. B.The planter is an asset to the lot and should not be removed. Building Official recommends at least a 3 ’ lot line setback due to the location of the neighboring properties garage. conditions existing on this property are peculiar to and do not apply generally to other property in this zoning district; that granting the vanances 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 demo^trable hardship or difficulty; is necessary to preserve a substantial li? 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 y the apphc^ts and the effect of the proposed variance on the health, safety and welfare of the community. ^ CONCLUSIONS, ORDER AND CONDITIONS Drantc VO • findings, the Orono City Council hereby 35% is allowed and ‘he 500-1000' selback whereallowed and 36.0/a is proposed. Approval was subject to the following conditions: I. Authorities granted hy this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a budding permit within one year of the date of Council approval, or this variance Will expire on that date (August 24, 1999). Page 2 of 4 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of August, 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 24th day of August, 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 ) ) ss. On this day of 199 _before me a Notary Public within acknowledged that he (they) executed the same as his (their) free act and Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 _before me a Notary Public within acknowledged that he (they) executed the same as his (th ) Notary Public Page 4 of 4 CITY OF ORONO P.O. Box 66 Cr>'star Bay, MN 55323 473-7357 TO: Lane & Kelly Moore 3438 Livingston Avenue Wayzata,MN 55391 TYPE OF APPLICATION: DATE OF MEETING: 8/17/98 Planning Commission recommends the following: Approval as submitted with the following addition. NOTES AND SPECIAL CONDITIONS: A second variance, from hardcover in the 500-1,000* lakeshore setback to allow the 88 s f. planter to remain* Applicants next scheduled meeting is confirmed as: City Council August 24, 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. X: VAPPS\ W PW IN60\WPDOCS\CAROLE\PCACTION\2407 I ;TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM; Paul Weinberger, Assistant Zoning Administrator DATE:August 11,1998 SUBJECT; #2407 Lane and Kelly Moore 3438 Livingston Avenue ___________Variance-Public Hearing Zoning District: LR-IC Lot Area:6,625 One Family Lakeshore Residential District (1/2 Acre) square feet (.15 acre) Application: The applicant has proposed to construct a 16' by 22' garage on the lot. The garage would be located 3' from the lot line. All other lot requirements are met. This application requires the following variance: 1.Side yard setback of 3' for an accessory structure where 10* are required. Pertinent Ordinances: • Section 10.25, Subd. 6(B): LR-IC One Family Lakeshore Residential District • Section 10.03, Subd, 9: Accessory Buildings M2407 Lane and Kelly Sioore 3438 Livingston Avenue Variance 8/i 7/98 Page 1 ANALYSIS Lot Area and Yards LR-IC Lot Area Lot Width Back Yard Side Yard Street Yard Required 21,780 s.f.100’10’ for Accessory Buildings 10’30 ’ Proposed 6,625 s.f.50 ’16.4*3 ’92 ’ The garage would require a variance from side yard setback requirements. The applicants have requested a 3' setback where a 10' setback is required* Structural Coverage Total Lot Size Total Structural Coverage Percentage 6,625 s.f.Existing: 914.7 s.f Proposed: 1,266.7 s.f 13.8% 19.1% The lot would exceed the 15% structural coverage maximum requirement. Although, the Zoning Code; in Section 10.03, Subd. 14(C): Lot Coverage; states: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. A variance from lot coverage is not necessary to exceed the 15% lot coverage standard on this particular lot. U2407 Lane and Kelly Moore 3438 Livingston Avenue Variance 8/17/98 Page! Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75 ’0 0 none (0%) 0 none 75'-250'0 0 0 (25%) 0 none 250’-500’0 0 0 (30%) 0 none 500'-1000'6,625 s.f.2,160 s.f. (32.6%) 2,319 s.f (35%) 2,302 s.f (34.7%) none All of the subject lot is located in the 500' to 1000 ’ lakeshore setback distance. The applicants have proposed to add a 16' by 22' garage on the lot. To accommodate the added hardcover they would remove a planter and concrete walk in front of the residence. The total hardcover would not exceed the 35% allowed on the lot. ANALYSIS Variance STATEMENT OF HARDSHIP Applicant's hardship is included with Exhibit A. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1 . The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used in its current state. The new garage will not alter the use of the property. (^2407 Lane and Kelly Moore 3438 Livingston Avenue Variance 8/l7m Page 3 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property is undersized for the zoning district. The applicants are limited to constructing the garage in the proposed area. Moving the garage to another area of the property would cause the lot to exceed hardcover requirements. The City’s Building Official recommended at least a 3' setback from the lot line due to the distance between the neighboring garage and the proposed garage. 3. The variance, if granted, will not alter the essential character of the locality. Other properties located around the subject lot generally have a detached garage located behind the residence. The new garage will not change the appearance of the neighborhood or negatively impact neighboring residences. 4. 6. 7. 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. The use of the property would remain residential with a garage as a permitted use. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining prop* *ty. The property was platted well before the current zoning regulations, resulting in the property not conforming with standards. The size of the lot has limited the applicant's options for placing the garage elsewhere on the lot. Also, the applicant has proposed to remove hardcover to avoid exceeding the allowed hardcover on the lot. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Garages are permitted as accessory buildings in the LR-IC Zoning District. 1^2407 Lane and Kelly Moore 3438 Lhfingston Avenue Variance 8^17/98 Page 4 r 8.The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The granting of the variances will not constitute a public hazard. 9.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 applicant has proposed to construct a garage that would be consistent with the development in the neighborhood. The size of the lot does not allow the applicants to place the garage in another location on the lot. Issues 1 . The only variance necessary is from side yard setback requirements. 2. The lot is undersized for the zoning district. STAFF RECOMMENDATION • Staff recommends approval of the variance from side yard setback requirements to allow a 3' setback where 10' are required. Attachments A B C D E F G. H. Application and Statement of Hardship Plat Map Location Nuio C Topographic M"p Survey Hardcover Calculations Property Owners List Permit Record ^2407 Ixmi and Kelly Moore 3428 Livingston Avenue Varusnce s/rm Page 5 r EXHIBIT A Application # ^ Date Received Amount Paid 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 SHbS Av<ig. Property Identification Number (P.I.D.) O H?> qo 3o Attach legal description to application if not included on required survey. Date P^erty Acquired H - ^_____________________________________^(month/year) I (do) ^0 n^ also own the adjacent parcels of land. It use of cPresent use of property: X residential Zoning District:____________________ other (specify). APPLICANT Name LArtg * M-OofeC Address: 3^ firw- Phone (home ) M7t- %qcT\_____ _____ Phone (woric)________________ City: t _________Zip: ^S3*? i OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ ^.ooQ.^ Describe request in detail: T5e-v c>.-VtLkg c\ G>a«'ay . r>euJpont.F. (attach additional sheets if necessary) ^^3 i }■ ___n ^ • 0 \ • • ^*9xv - * • • ft 'V'. VARIANCES REQUIRED Lot Area Lot Width Setback:Front XSide Hardcover Rear Lot Coverage Average Lakeshore Other (specify) de-\ah> V>ec^ ^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: *V>1 nr> oVWf «- r ________________________— (attach additional sheets if necessary) / ' * • ^ . U A " * Norti i' X f‘»V .. MM •* ^ w * V- ' •'-**<*•• I- . ^Crystal Bay •■* ci, .T . • j: » G3ffi30 ..S'-t • • " -/ . •’ ' • *. f •- •' * 4 MINNETONKA T tmc lit lit ^XtMOUIJIIE o ^\ o % « •'. .* *1 af^etteBay - c ' ^5i ' 1^?. •. . T*. -XT- • RUN DATE 07/22/96BATCH 51S PROP ADDR ONNER NAHE TAXPAYER NANE/ADDR 36 17-117-23 ^3 0001 02195 DAYVIEN PL R P NEYERS I J E HEYERS RICHARD P I JANICE E HEYERS 2195 DAYVIEN PL NAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST 36 17-117-23 93 0009 02293 SHADYWOOD RD K W A S A RODEWALD KEVIN W I SHIRLEY A RODEWALD 2293 SHADYWOOD RD WAYZATA HN 55391 REPORT NO. PI935901 PAGE 96 36 17-117-23 93 0005 03993 CRYSTAL PL AIL RODEWALD ADELBERT H RODEWALD 3993 CRYSTAL PLACE WAYZATA HN 55391 &9 (TQfD O K> PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 36 17-117-23 93 0006 03999 CRYSTAL PL HARK L YOST HARK L YOST 3999 CRYSTAL PL WAYZATA HN 55391 36 17-117-23 93 0016 03972 LIVINGSTON AVE C T VERSAILLES ET AL CHESTER I HELODY VERSAILLES 3972 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0019 03999 LIVINGSTON AVE PATRICIA J GOAR PATRICIA J GOAR 3999 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0022 03922 LIVINGSTON AVE D A SERNA I D L SHELDON D A SERNA I D L SHELDON 3922 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0007 03957 CRYSTAL PL L HAHHOND I H HAHHOND KAZIHIR KARPUSZKO 3957 CRYSTAL PL WAYZATA HN 55391 36 17-117-23 93 0017 03960 LIVINGSTON AVE KENRIC N LINDLAN GEORGIANA CARTALUCCA KEVIN BOE 3960 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0020 03938 LIVINGSTON AVE LANE W HOORE LANE W HOORE 3938 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0023 03919 LIVINGSTON AVE ROSEHARY P BURHASTER ROSEHARY P BURHASTER 3919 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0006 03965 CRYSTAL PL STEPHANIE A KROEGER STEPHANIE A KROEGER 3965 CRYSTAL PL WAYZATA HN 55391 36 17-117-23 93 0016 03952 LIVINGSTON AVE WILLIAH R HARWELL II I WIFE WILLIAH R HARWELL II 3952 LIVINGSTON AVE NAVARRE HN 55391 36 17-117-23 93 0021 03936 LIVINGSTON AVE ROXANN H BEISCH ROXANN H BEISCH 3936 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0062 03933 LIVINGSTON AVE JEFFREY A KLEHAN JEFFREY ALLEN KLEHAN 299 BROADWAY AVE N WAYZATA HN 55391 PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 36 17-117-23 93 0063 03935 LIVINGSTON AVE D V I E N BRUCE DEmiS V I EVELYN N BRUCE 3935 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0069 03993 LIVINGSTON AVE DEM4IS L HE6ER DENNIS L HEGER 3993 LIVINGSTON AVE WAYZATA HN 55391 36 17-117-23 93 0065 03995 LIVINGSTON AVE CAROLYN H TILLOTSON CAROLYN H TILLOTSON 3995 LIVINGSTON AVE WAYZATA HN 55391 07/22/9SS8 17-117-23 43 0141 •3473 LIVINGSTON AVE SARANNE W ANDERSON SARANNE N ANDERSON 3473 LIVINGSTON AVE NAYZATA HN 55391 r %» I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEA* THIS DATE ON THE RECORDS OF THE HE»R4EPIN COUNTY DEPARTMENT OF PRC'r* rlYY 1.^RATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE - 1y !m ' Application Date: Completion Date: 60 Day Deadline: 7/22/98 8/7/98 10/6/98 COUNCIL MEETING AUG 2 4 1998 (fTv c-‘ ^*^OUEST FOR COUNCIL ACTION DATE: 8/20/98 ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2409 Gedney and Emily Tuttle 1225 Shoreline Drive Variance Zoning District: Lot Area:51,239 One Family Lakeshore Residential District square feet (1.18 acres) Application: The applicants have proposed to construct a 12 ’ by 14' shed to provide winter sto^e for lawn furniture and other equipment. The house is located on a lot with a very high water table riot allowing for a basement to exist to provide adequate storage on the property. A wetland ocated at the back portion of the property restricts the applicants from building on that part of the 1W This application requires the following variance: 1. Hardcover m the 75-250' lakeshore setback. The applicants are requesting an increase in hardcover from 45.6% to 46.4%. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Approve the variance as submitted. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L)(2) FILE #2409 WHEREAS, Gedney Tuttle and Emily Anne Tuttle (hereinafter the applicants ) are owners of the property located at 1225 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows; All that part of Lot I, Auditor’s Subdivision Number 169, Hennepin County, Minnesot^ and accretions and relictions thereto and all that part of Government Lot 2, Section 2, Township 117 North, Range 23 West of the Fifth Principal Mendian (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 ^'^"8 Commission held a public hearing on August 17, 1998, at which times all persons dcsinng to be heard concerning this application were given the opportunity to speak thereon, and WHEREAS, the applicants have applied to the City for vanances to Municipal Zoning Code SecUon 10.22, Subdivision 2 and Section 10.56, the construction of a storage shed increasing the hardcover to 46.4/. in the 75-250 lakeshore setback where 25% is allowed. Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2409. Page I of 5 2. 3. 4. 5. IV property is located in the LR-IA, Zoning District where 2 acres or 87 120 U ir Te minimum lot area. The property consists of 1.18 acres or 51.239 sq. ft The Planning Commission reviewed this application on August 17, 1998 and recommended approval on a vole of 6 to 0. The Planning Commission made the following findings of fact. A. A wetland limits the ability to construct a storage shed outside the 250' distance from the lake. B. The high water table has allowed for only low headroom space in the area beneath the principal structure. C. Most of the lot, including the proposed area to construct the storage shed, drains away from the lake to the wetland. D. The proposal meets required setbacks for accessory structures. The City Council finds that the conditions existing on tiu^s property to it and do not apply generally to other property m this zoning distncl that Ztrg the va^ln« not advetsely affect traffic conditions hght atr nm fit hazard or other danger to neighboring property; would not memly Ltve as a convenience to the applicants, but ts necessary to “ demonstrable hardship or difficulty; is necessary to preseive a p^perty right of the applicants; and would be in kee,nng the sp.nt and intent of the Zoning Code and Comprehensive Plan of the Page 2 of 5 Pile City Council has considered this application including the findings and rccoiTUTiendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to permit the construction of a storage shed increasing the hardcover to 46.4% in the 75-250' lakeshore setback where 25% is allowed. Approval was 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 (August 24, 1999). 2. 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. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themsewes, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 4 ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) Aubusl 1998 h!^ l»fofe me on this 24th day ofA^t, 1998, bv Gabnel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Oiono a Minnesota municipal coiporation and said instrument was executed on behalf of the City Notary Public Page 4 of 5 p.riTivtr^ CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Gedney & Emily Tuttle 1225 Shoreline Drive Wayzata,MN 55391 ZONING FILE #2409 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; 8/18/98 COPIES TO; TYPE OF APPLICATION:Variance DATE OF MEETING:8/17/98 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 August 24, 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. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTIONW409 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 10,1998 SUBJECT: #2409 Gedney and Emily Anne Tuttle 1225 Shoreline Drive Variance-Public Hearing Zoning District: LR-1 A Lot Area:51,239 One Family Lakeshore Residential District (2 Acres) square feet (i.i8 acres)______________________ Application: The applicants have proposed to construct a 12' by 14' shed to provide winter storage for lawn furniture and other equipment. The house is built in an area that has a very high water level not allowing for a basement to exist to provide adequate storage on the property. A wetland located at the back portion of the property restricts the applicants from building on that part of the lot. This application requires the following variance: 1. Hardcover in the 75-250' lakeshore setback. The applicants are requesting an increase in hardcover from 45.6% to 46.4%. Lot History: In March of 1978 the City Council issued variances from side yard setbacks, lot area and lot width to replace the house and garage on the lot. The building permit vfiis issued in May of 1978 to construct the ■ ■'r ise and garage that currently exist on the lot. Pertinent Ordinances: • Section 10.22, Subd. 2: Allowed Lakeshore Hardcover . Section 10.56, Subd. 16(L)(2): Allowed Lakeshore Hardcover §2409 Gtdney and Emily Anne Tuttle 1225 Shoreline Drive Variance 8/17/98 Page I ANALYSIS Lot Area and Yards LR-IA (2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 87,120 s.f 200’75’10' for accessory buildings 1 O' for accessory buildings Proposed 51,239 s.f 120'Proposed: 200'Proposed: 18'Proposed 235 ’ The proposed accessory structure is a permitted use in the LR-1A (2 acre) Zoning District. The proposed structure meets all required setbacks for accessory buildings. Hardcover i Distance from Shoreline 0-75’ 75-250' 250-500' 500-1000' Total Area in Setback 9,069 s.f. 21,157.5 s.f. 21,012.5 s.f. Existing Hardcover none (0%) 9,654.1 s.f (45.6%) none Allowed Hardcover Proposed Hardcover none (0%) none (0%) 5,289 s.f (25%) 6,303.75' (30%) 9,822.1 s.f (46.4%) none 0 (35%) Variance Requested none yes none none The applicants have proposed to add 168 s.f of hardcover within 75-250' of the lakeshore. The increase will have a net gain of 0.8%. ^2409 Gedney and Emily Anne Tuttle 1225 Shoreline Drive Variance 8/17/9 S Page! Structural Coverage Total Lot Size 51,239 s.f. Total Structural Coverage Existing: 4,115.6 s.f. Proposed: 4,283.6 s.f Percentage 8.0% 8.3% The lot does not exceed the allowed hardcover of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP ^e applicant ’s have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining I Jndnp Hardship 1. T^e property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property has a high water table not allowing a basement area for storage. The lot cannot ^ storage shed located further back on the property due to a wetland in the 250- 00 lakeshore setback distance. Most of the water on the property drains toward the wetland and not the lake, including the area the proposed accessory building would be constructed. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property contains a large wetland with wetland setbacks requiring the applicant to construct a shed for storage closer to the residence. The water table does not allow for a full basement under the house. The variance, if granted, will not alter the essential character of Uie locality. 2. 3. The v^ances would not change the locality, as the property currently functions Single-family residence.as a U2409 Gedney and Emily Amte Tuttle 1225 Shoreline Dnxe Variance 3/17/98 Page 2 4. 5. 6. 7. 8. 9. Economic considerations nione 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. The use of the property would remain residential, which is consistent with the zoning. Storage sheds are permitted as accessory structures in the LR-1A Zoning District. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The buildable portion of the property is limited by the wetland located between Shoreline Drive and the house. The conditions do not apply generally to other land or structures in the district in which said land is located. This lot is similar to other lots in the locality. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The LR-1 A Zoning District permits storage sheds as accessory structures. The low, wet land has limited the ability for the applicants to have a space for indoor storage on the property. 1 he ''f ^be proposed variance will not in any way impair health, safety, comfort, morals, or in any other re.pect I -i contrary to the intent of the Zoning Code. ^e granting of variances would not be a public hazard or contrary to the intent of the Zoning 10. 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 applicants have demonstrated a hardship created by the wetland and limitations of the existing structure due to the high water table. ff2409 Gedney and Emily Anne TuitL* 1225 Shoreline Drive Vat^ance 8/17/98 Page 4 Issues 1. 2. 3. 4. 5. j^weUand limits the ability to construct a storage shed outside the 250' distance from the S fot'-w"® ** “• fro- The proposal meets required setbacks for accessory structures. STAFF RECOMMENDATION of the variance from allowed hardcover within 75-250' of the lake based on the applicant provided hardship. ^ Attachments A B C D E F G H 1 J Application Statement of Hardship Plat Map Location Map Survey/Site PUm Site Topography Hardcover Calculations Property Owners List Shed Plan Permit Record ^2409 Gedney and Emily Anne Tuttle 1 225 Shoreline Drive yarlance 8/r/98 Page 5 X, EXHIBIT A Application # Date Received Amount Paid 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 /3 5* /^g // c Ohtve. Property Identification Number (P.I.D.)Qa>» \ c)G02^_________ Attach legal description to application if not included on required survey. Date Property Acquired ____________________;___________________^(month/year) I (do not) also own the adjacent parcels of land. Present use of property: X residential ___pother (specify)______________________ Zoning District:^_____________________________ APPLICANTS* Phone (home) Name Gg-dvigy ily ’ Fu’i'tle- Phone (work)________________ Address:/;Las- Di-tve City: Qhovto Zip: .^5*3*11 .■^ry Name Ki 5^ WIG-Address:City:. Phone (home)_ Phone (work)_ Javrig^Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $_ Describe request in detail: 5ee _____________ • o (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width X Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COi^ITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: hec/__________________ (attach additional sheets if necessary) EXHIBIT B JuV21, 1998 Request for Hardcover Variance The applicant desires to provide winter storage space for lawn furniture and equipment for which space is not now available in the existing structure. The existing structure is built on land with a high water table and soil whose instability requires that the foundation be supported by poured concrete grade beams resting on pilings. The high water table does not allow for any more than low headroom space in the area beneath the structure. This space can only be reached by a narrow, twisting stairwell inside the house, allowing for the storage of only small articles. Large articles such as lawn equipment can not, without great difficulty, be moved in and out of this space. An exterior entrance to this space would require cutting through one of the grade beams. This, of course, would destroy its structural load-bearing intgrity. There is no other area within the existing structure suitable for this type of storage. To solve this problem, the applicant would construct a small storage shed on the property on an area whose topography slopes away from rather than toward the shoreline of Lake Minnetonka. As such, the hardcover created by this structure would not cause drainage toward the lake. Existing hardcover within the 75-250 ft now exceeds the maximum amount allowed. Although there is plenty of property beyond the 250 ft. setback zone, nothing can be built on it because it is wetland. Hardship is thus created because of the wetland and limitations of the existing structure. The proposed shed would be located in compliance with all the other required distances from house, wetland, and property lines. It would be built on a raised platform with open ground beneath, allowing for some drainage of roof runoff underneath the shed in order to minimize runoff to the remaining open ground. Although existing hardcover exceeds the m'^ximum amount allowed in the 75- 25OEXMlJlIiSlIof this hardcover, is on land that drains away fror sr than toward the lake. If the area of this portion of 4^*^ ^ hardcover were not included in the cak 'the remaining hardcover would be well within tl^s^ maximum allowed amount for this zone as sho calculation: Remaining hardcover draining toward lake Total area in zone % Hardcover Allowed hardcover 3,012.3 S.F. 21,157.5 SF. 14.3 % 25.0 % Taking total property area and total hardcover into consideration results in the foilowing: Existing hardcover--75 ft. zone 24.0 S.F. “ “ - 75-250 ft. zone 9,654.1 S.F. Proposed hardcover 168.0 S.F. Total hardcover 9,846.1 S.F. Total property'area 51,239.0 S.F. % Hardcover 19.2 % Allowed hardcover as averaged thru all applicable zones 24.7 % . Because of the hardship described above along with other mitigating circumstances, the applicant requests a variance from the hardcovei requirements in order to erect this shed. . .*,r I /tca H ooo LAXE RO 600 ^ EXHIBIT D ^ I3 ) ffiPITSila ■KM .- foun, • •• • - '■ •*^ OronoX -^A £-,;..*: v'..p' Goif •xjr J5^*^ . .‘• .Y vodA*. -w -. laSMCp Golf 't Course li^i WayiaU Country Gab '♦// • •> tno WOOD HUL js g „ S 5^ 1^ III 1*4 ^ ftCIUIOR S 0 ' * ryClK ilfCou * '•* * jtonager_ V/.BRCIHTlRj^'r-v^J * _ - I ^•:* jj ’ • ■■'•*. . •-^> f^^v.v;;.'--•.•.•.%•■•*• :• '■•;• .-V'v :•;: :■ v-;--r *:;•.•• •• ^ . - ;•- .'.• •••■•. ^’- m * ^ ^ A'Vs ^ ,-■ -rr. ;• • "i‘-i • V' *.• mithBiy- ^ • » X • rUUIOALI 0 *W r ^ Hr% <^RAMSET%5T . i '-• -> /^o«nf 0 • %i ^ •• r- . •? .» • * y•• • . 'X •’./ -V • • • . ■i ^ ^ • J " ••••—; I ••x'i-'V - ■* ■-•■ , >•'> •-.<» « . > " . ^. * ■ • • * .. ^ S' < • » • • • - r. ■ • Z' "j’*'/ * •’ *" • '»* .- r • * EXHIBIT E < »•• tSm mm rn^mm* as*****- _.... nizi^ \\^ / 120 00 ' * * • t • • . •• • «a g9 *tr* «K >V<#6*52 ’^ I III VI y\r« oi 0-nS-'zc^.<‘ i%0,^ - 7*^ w /Irtf.?.- : ‘54 232> s^>^/- /./<^ Acres. ii.0.1 Are* **f ^ ni.o.1 (JP sLAKESHORE & WETLANDL regulations ORONO ORDINANCE PROHIBITS EXCAVATION. RLUNG. GRADING. DREDGING. TREE REMOVAL OB CONSTRUCTION OF ANY KINO WITHIN 75 FT OF ANY SHORELINE • CS^IN 26 FT OF ANY WETIANOS; PERMITS ARE REOUIREOTOR DOCKS. SEAVYALLS. RjPRAP CITY OF ORONO OATt ygRMfT MO. , 0^ M nis im His Bffu moFimo iV, I'.- !>, r? ij i% Iti:- ’>• nI & A.*t' *• ■ f;t- J c c ( ( i 100 EXHIBIT G Page 1 of 3 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)75-250'250-500’500-1000' EXISTING HARDCOVER IN TOrfF. House Length Width X X X B. Garage C. Driv iway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPER rv AREA IN ZONE O.____ -I- B X 100 = PROPOSED HARDCOVER IN 7.0NF. A. House ______ X Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Paiio/Dcck X X F. Landscape Underlain By Plastic X X X S5 ise G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ + B X 100 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. % 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 03 ■i, A B JnCI (CmCLE ONE) HARDCOVER CALCULATIOnVVORKSHEt 1 0-75 • A, House COVER IN ZONE XI.o Length ■Tir.o XC.^-h 75-250’ '3<'-3y 250-500’ >5.46 B. Garage C. Driveway _ ”1^- D. Sidewalk a/.7 6/.^E. Patio/Dcck __ Mowfe aakla. /^•<»7 %ic.pS l&.O F. Landscape 3<£. Underlain 3 2- By Plastic 7f? Or Fabric . lO.T G. 0\htt(Sioogs}___S__ X X X •< X X X iC. X X X X X X X Width •51.3) r.47 ‘/.n s’l.nt Ci.ve.') - _i ______ H TT fZ.< d. /5 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE . - , A / - B 0-1, fi>~U proposed hardcover in zone A. House _______________ Length Width X X X P,. Garage C. Driveway D. Sidewalk E. Patio T)eck F. Landscape Underlain By Plastic Or Fabric X X X X X X X X X G. Other * X 100 = TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A iz ii, I + B ^1. /iTO.h X 100 500-1000' & S.F. (D' I f7S, I S.F. S.F /63.®i V’O.a' SfSi.- h XI'L S.F. © C.H.0 ^5'o.t s.fA@ S.F. S.F. -?7 3.t S.F. - /63.9 S.F. ICOtO ISO__ /Ig 316, C^.O ^ I S.F. A Q.\JS^'7,S S.F. B ^5T6 % ’■ 0?.S.F S.F. S.F. S.F. S.F. S.F. S.F. S F^ , VV* ^ ' »• ‘ S.F, S.R S.F. “ S.F. S.F. S.F. (Zp _m±i4 S.F. a. \.j £-n.t S.F. » , t , , s W A B Vd,.*/fo r exhibit g ^ A HARDCOVER CALCLXATION WORKSHEET (CIRCLE ONE) 0-75* ^75-250^ 250-500’ EXISTING HARDCOVER IN ZONE A. House _____ 500-1000 Ma hcf CO \^t£. tr c/h^i m "ho B. Garage C. Driveway D. Sidewalk E. Patio/Deck ^*oort c Steps F. Landscape Underlain By Plastic Or Fabric te.o X X X 10.0 H.O X 3 3 8 S.F. © Length 1^*6^>Width y.3J -f L =.IC^Z »<\'<S>jTg. a X 3?S -S.F.ZS) X y.ti?8 S.F.CP X ‘Z. d)-XT'8 S.F.(S)Ut.S-.>c /a./dj X dT rs S.F.(f5)• ^ - ’ • 0 X _S.F. X 8 "s.F. X • X 8 • •S.F. X 8 I S.F. X mmm "77 3.2 S.F.^ We- I^.CI X S - IC3,«j " S.F. ^ jca.o ll<b.o G. Other X 8 S.F. TOTAL HARDCOVER IN ZONE ?o%!,3 S.F. A TOTAL PROPERTY AREA iN ZONE m ei;. / r 7,-r S.F. b A 3 0 P . -r B /i"7.r xlOO 8 % PROPOSED HARDCOVER IN ZOfiF. A. House X 8 S.F. Length Vr-Jih ■ Lj X 8 •S.F. ' X 8 S.F. X 8 s.F. B. Garage X S.F. ' C. Driveway X 7 S.F. , X 8 'S.F. ^ D. Sidewalk X •0 S.F. ' X •8 S.F. • n E. Patio/Deck X 8 • • r S.F. X 8 s.F. F. Landscape X •mm s.F. '* Underlain X 8 S.F. By Plastic X 8 S.F. Or Fabric G. -Other X • as S.F. TOTAL HARDCOVER IN ZONE 3,02/. 3 S.F. A TOTAL PROPERTY AREA IN ZONE .^ 1 / S-'?. ^S.F. B A 6 0XI,^ 4. B /f7,r X100 -!H. 3 % PROP ADDR OMNRR HAHB TAXPAYSR NAMB/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OWNERS LISTPROP ADDR OMIfBR HAMB TAXPAYBR NAMB/ADDR 38 02 117 23 34 0002122S SHORBLINB DR GBDNBY TUTTLB BT AL TRUSTEE GBDNBY A EMILY ANNE TUTTLB 1225 SHORBLINB DR WAYZATA MN 55391 CONDMN #38 02 117 23 34 00101265 SHORELINE DR L S BUSCH AHA BUSCH LEONARD fc MARGARET BUSCH 1265 SHORBLINB DR WAYZATA MN 55391 CONDMN 8 38 02 117 23 34 00131305 SHORBLINB DR W J POPP L 7 E POPP WILLIAM J fc TBRI B POPP 1305 SHORELINE DRIVE WAYZATA MN 55391 CONDMN i PROP ADDR OWNER NAME TAXPAYER NAMB/ADDR 38 02 117 23 41 0009 38 ADDRESS UNAS::iGNED MCLEOD CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON MN 55350 CONDMN # 38 02 117 23 43 0015 1205 SHORELINE DR K H DEHOFP JR fc P J MCNULTY KENNETH H DEHOPF JR & PAMELA J MCNULTY 1205 SHORBLINB DR WAYZATA MN 55391 CONDMN # 38 02 117 23 43 0025 1185 PERNDALB RD W C J A G B COSTLEY TRUSTBBS GARY B A CHERYL J COSTLEY 1185 PERNDALB RD W VJAYZATA MN 55391 CONtMl i PROP ADDR OWNER NAME TAXPAYBR NAMB/ADDR I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS OP THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF DATE &/5/9& COUNCIL MEETING REQUEST FOR COUNCIL ACTION Date: Item No, Department Approval: Name: Michael P. Ganron Title: Senior Planning Coordinator Administrat*'' Approval: 54^ AUG 2 4 1990 r>TV'v August 19, 1998 l-x Agenda Section: Zoning Item Description: Zoning Code Amendment - Interim Use Ordinance - Adoption List of Exhibits: A - Ordinance B - Memo & Exhibits of August 14,1998 Background In April 1998 Cliff Otten, owner of the Day Care building at the intersection of Hwy. 12 and Co. Rd, 6, requested that the Council consider how that building might be used for the next 3-5 years before it is demolished to make way for highway construction. That site is zoned RR-IB residential, and the building is not likely to be used for any of the permitted or conditional uses allowed in RR-IB. Council asked staff to consider how we might accomodate short term uses of this building. Staff suggested that the City adopt an Interim Use ordinance which would allow Council to approve on a limited-term basis, a use which is otherwise prohibited in a given zoning district. Such use would be subject to any conditions the Council chooses to impose. Interim Use permits would be processed in the same manner as CUP's. Staft reviewed Interim Use ordinances in effect in Plymouth and Roseville. Those two cities differ somewhat in their approaches. Plymouth's ordinance suggests that a list of acceptable interim uses must be defined for each zoning district; Roseville's ordinance does not suggest the need for such a list, and gives the Council broad discretion to approve or deny interim uses. Statutory Authorization Cities are authorized to adopt Interim Uses ordinances by State Statutes 462.3597, which define Interim Use as "a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it". The Statute states that the Council may grant permssion for an interim use if: 1 . the use conforms to the zoning regulations; 2. the date or event that will terminate the use can be identified with certainty; Interim Uses Zoning Amendment August 19,1998 Page 2 3. permission of the use will not impose additional costs on the public if it is necessary for the public to take the land in the future; and 4, the user agrees to any conditions that the governing body (City Council) deems appropriate for permission of the use. Applicability The potential number of properties in locations where an Interim Use ordinance might apply is very limited, and appropriate conditions can be placed on individual uses or on all uses. Also, Council might wish to have the ordinance apply only to certain zoning districts, or only to properties that have an existing building, or only to areas that have been formally identified as scheduled for future comprehensive plan or zoning changes, or only to those properties which will be taken for right-of- ways (see Planning Commisssion recommendation). Planning Commission Recommendation Planning Commission reviewed the draft ordinance at a work session held on August 14 and again at a public hearing on August 17. At the work session. Planning Commission concluded that Council should have broad discretion in allowing Interim Uses, and that it would no! be appropriate to limit the potential uses by requiring that a list of allowable Interim Uses be created for each zoning district. It was recognized that lack of a list would make it more difficult for a property owner to determine whether a given use might be approved, and might result in the Council being asked to consider any number of possible uses. At the August 1 7 hearing no members of the public chose to comment. Planning Commission voted 6-0 to recommend adoption of the ordinance without a use list requirement. Planning Commission acknowledged the City Attorney's concern that without a list of allowable uses, the Council would have such broad discretion to approve uses that claims of "spot zoninp" might be heard, and what is approved for one property on an interim basis might also have to be approved for other properties in similar situations. Planning Commission also considered whether applicability of the ordinance should be limited to a specific geographic area, and recommended that it apply to the Highway 12 corridor areas only. They did not define specific boundaries for such corridor, leaving it to Council to do so. Staff wotftd suggest that the corridor be defined as 1) Properties that abut existing Highway 12; 2) Properties that either will abut ftiture Highway 12 or will be partially or fully acquired for future Highway ,12 right-of way. The attached ordinance incorporates this "applicable area" limitation. Interim Use Zoning Amendment August 19,1998 Page 3 Staff Recommendation Staff agrees with Planning Commission that creating a list of allowable Interim Uses may create more potential problems than it solves. Council must use an Interim Use ordinance judiciously in ■jrder to avoid claims of spot zoning, and to ensure that neighborhoods will not be negatively impacted. Staff recommends adoption of the Interim Use ordinance without a list of allowed uses, and with the limitation to the Highway 12 corridor areas as defined above. Council may wish to consider whether any additional language is needed to more closely define under what specific situations such ^ ordinance might be used. COUNCIL ACTION REQUESTED Adopt or amend the attached Interim Use ordinance. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. follows: The municipal code of Orono is hereby amended by adding Section 10.14 to read as SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the Zoning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein a certain use under certain conditions may be appropriate within a specific district or on a specific property for a limited period of time, but which is not generally appropriate on a permanent basis, which might not be consistent with land uses designated on the adopted Land Use Plan, and which is not identified as an allowable conditional use within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief and limited period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent with the intended long nmge use of an area and which is in compliance with the Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the crantino; of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner iis conditional use permits as established in Section 10.09 of the Zoning Chapter. I Subd. 3. Interim Uses; General Standards. An interim use shall comply with the following: A. The use shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. B. The use shall conform to the applicable general performance standards established in Section 10.60 of the Zoning Chapter. C. The date, event or occurrence that will terminate the use can be identified with certainty. D. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Subd. 4. Interim Uses: Limitation on Applicability. This ordinance shall apply only to properties that: a. abut existing U.S. Highway 12; or b. either will abut future Highway 12 or will be partially or fully acquired for future Highway 12 right-of way. Subd. 5. Interim Uses: Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. C. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this and nays. day of , 1998, by a vote of__ayes ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor r To: From; Date: Chair Smith and Planning Commission Members Mike Gaffron, Senior Planning Coordinator /), , August 14, 1998 Subject: Proposed "Interim Use" Ordinance List of Exhibits A - Revised version of proposed ordinance B - Memo and Exhibits of August 4, 1998 At yo^ August 14 work session, the Planning Commission members present voted unanimously to omit the requirement that the City create a list of allowed Interim Uses. You indicated you would prefer to follow the Roseville model and leave it entirely to the Council’s discretion as to whether a proposed use is acceptable on an interim basis. While this provides only minimal direction to the property owner or potential users, it gives the Council an unlimited set of options In reviewing this ordinance with City Attorney Tom Barrett, he has indicated that while a list of allowed mtenm uses apparently is not strictly required. Planning Commission and Council should give some thought to potentially opening a pandora's box of non-residential uses in our primarily residential zones. The legal issue is not so much that of a neighbor's right to protection via zoning limitations, but that if all relevant factors are the identical, a neighboring property would have to be allowed the same interim use. I think his bottom line is that there is some merit in having a list, because It would protect the Council from having to respond to an unlimited range of potentially unfnendly uses. © j ^ J redrafted to omit the requirement for a list. A public hearing has been scheduled for Monday’s meeting and must be opened for public comment. After the hearing. Planning Commission should take a final vote of recommendation to the Council. Staff Recommendation Approval of the attached Interim Use ordinance, specifying whether language requiring a list of acceptable interim uses should be required. j (-■ ft':r t ••7 <. ..W .0 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. The municipal code of Orono is hereby amended by adding Section 10.14 to read as follows: SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the Zoning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein a certain use under certain conditions may be appropriate within a specific district or on a specific property for a limited period of time, but which is not generally appropriate on a permanent basis, which might not be consistent with land uses designated on the adopted Land Use Plan, and which is not identified as an allowable conditional use within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief and limited period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent v.ath the intended long range use of an area and which is in compliance with the Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. r Subd. 3. Interim Uses: General Standards. An interim use shall comply with the following: A. The use shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. The use shall conform to the applicable general performance standards established in Section 10.60 of the Zoning Chapter. The date, event or occurrence that will terminate the use can be identified with certainty. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. The user agrees to any conditions that the City Council deems appropriate for permission of the use. B. C. D. E. Subd. 4. Interim Uses: Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under w hich the permit was issued. C. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the resp>ective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this and__nays. day of , 1998, by a vote of__ayes ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor To: From: Date: Chair Smith and Planning Commission Members Mike Gaffron, Senior Planning Coordinator^y>^ August 4, 1998 ' Subject: Proposed "Interim Use" Ordinance & List of Exhibits A - Draft Ordinance B “ City of Plymouth Ordinance C - City of Roseville Ordinance D - Minnesota Statutes 462.3597 Attached is a draft Interim Use Ordinance" which would allow the Council to grant an Interim Use Permit for uses which do not appear as permitted/accessory/conditional uses in the zoning code, but which the Council might find acceptable for a limited period. This will have applicability to a number of properties in the City, such as the Cliff Otten former daycare site at the intersection of County Rd. 6 and Highway 12, and perhaps for the industrial park or other areas which might be affected by zoning or Comprehensive Plan changes, or the Hwy 12 relocation. Tliis was drafted using language from the Plymouth ordinance and the Roseville ordinance, both of which are attached. Plymouth s is more detailed, and has one element which differs significantly from that of Roseville. It suggests that an "allowed interim uses" list be added to each zoning district (See Plymouth 21020.03 Subd. 3). This would on the one hand provide a definite limit on the range of interim uses available, and provide property owners clear direction as to what might be feasible; but on the other hand would require a zoning code amendment each time a suitable but unlisted interim use was proposed, and would therefore limit the City's flexibilitj ’ for approving interim uses in a timely manner. The wording of the Statutes is somewhat ambiguous as to whether a list is required, merely stating that permission for an interim use may be granted if "the use conforms to the zoning regulations". The Statutes and the proposed ordinance give the City Council total authority to approve or deny interim uses as it sees fit. The City Attorney has been asked to review the draft. Staff Recommendation This item will be the subject of a public hearing at your August 17 meeting. At the work session on August 7 Planning Commission should consider whether Orono ’s ordinance should include a list of allowed interim uses , or leave it open ended to give Council broad discretion in approving interim uses. ORDINANCE NUMBER SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02; "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. follows: The municipal code of Orono is hereby amended by adding Section 10.14 to read as SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the Zoning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein certain uses under certain conditions may be appropriate within a specific district or on a specific property for a limited period of time, but which are not generally appropriate on a permanent basis, and which might not be consistent with land uses designated on the adopted Land Use Plan, and which are not identified as permitted, accessory or conditional uses within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent with the intended long range use of an area and which is in compliance with the Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. T>/eM=T Subd. 3. Interim Uses: General Standards. An interim use shall comply with the following: A. Shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. B. Shall conform to the applicable general performance standards established in Section 10.60 of the Zoning Chapter. G:------The usiTis allowed as an interim use in the respective zoning district (NOTE: JHIS-SUGGESTS THAT A ZONING DISTRICT AMENDMENT-XO'- -ADD -A-SPECIFIED-INTERIM- USE IS REQUIRED FOR EACH APPLICATION; PERHAPS THIS SECTION CAN BE OMITTED) - D. The date, event or occurrence that will terminate the use can be identified with certainty. E. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. F. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Subd.^. Interim Uses: Termination. An interim use shall terminate on the ha^ pening of any of the follow ing events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. ..^C.-----Upori changelh the~City'sjZoning regulations which renders the uso-non- * _ conforming (SEE NOT&ABOVE)r' • D. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allow'ed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this and__nays. day of , 1998, by a vote of__ayes ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor ‘ k* ' ! iA" \ • \ ' . c pc ■ 1- % V PLYMOUTH ZONING ORDINANCE SECTION 21020 - INTERIM USES 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses Subd. 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. Subd. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Subd. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. 21020.02. PROCEDURE; Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 21015 of this Chapter. 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd. 2. Conform to the applicable general performance standards of Section 21015.04 of this Chapter. »• Subd. 3. The use is allowed as an interim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. Subd. 5. The use will not impose additional unreasonable costs on the public. Subd. 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 21020-1 L i PLYMOUTH ZONING ORDINANCE21020.04. TERMINATION: An]interim use shall terminate pn the happemng of any of the following events, whichever occurs first: Subd. 1. The date stated in the permit. Subd. 2. Upon violation of conditions under which the permit was issued. Subd. 3. Upon change in the City ’s zoning regulations which tenders the use non- conforming. Subd. 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zomng distnct. 11 non ne rFRTIFICATION OF TAXES PAID: Prior to approving an application for d.li.qMn: profiBl " Ciiy uunty t... a., up. p of land to which the interim use permit application relates. •f 21020-2 04 07 9S 15:.OS ®612 .0.07 5601 D.SU. INC 0 001 002• # CITY OP ROSEVILLE AH ORDINAl^CE NO, 1086 fAY •• ,'T' Nil K 4'73- 051^ -flvll GkI sOi,!)^ AN ORDINANCE AMENDlNO THE CITY CODE OP THE CITY OF SOSEVXIiLB BY DEFINING AND PROVIDING FOR INTERIM AND TEMPORARY OSES OF LAND BY ADDING SECTIONS 13.400, 13.410 and 13.420. The city Council of the City of Roseville, Minnesota, does hereby ordain: I. Section 5.494 of the City Code of the City of Roseville i.s hereby amended by adding the following: Use, Interim Definition. An ’'interim use" is a temporary use of property until a particular date, or until the occurrence of a particular event, as determined by the City Council. II- The City Code of the City of Roseville is amended by adding Sections 13.400, 13.410 and 13.420 to read as follows: 13.400. Use, Interim. !!■ mmrn 11 ^ The City Council may authorize an interim use of property. Interim uses might not be consistent with the land uses designated on the adopted Land Use Plan. They might also fail to meet all of the zoning standards established for the district within which it is located. 13.410. Conditions for Interim Uses. .. The City Council may attach conditions to Interim Use Permits. In reviewing Interim Use Permit applications, the City will establish a specific date, or event, that will terminate the use on the property. The Council will also determine that the approval of 0-T'07'9S 15:0612 537 5601 DSU. INC I2l 002 nil2 the interim use would not result in adverse effects on the public health, safety, and welfare and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future. 13,420 Application for Interim Uses Applications for interim uses shall be processed in the same manner as Special Use Permits, as established in Section 12,030. THIS ORDINANCE shall take effect and be in force from and after its passage and publication. PASSED by the City Council of the City of Roseville this day of January ’■rV''A' ;• • r •s. purposes iverted to rdship Or 5e denied •ating the ceded for just their hich will 'oughfare e policies ommend ty or any dopt and ■se of the ten days sufficient ound. In or to the quisition or. After ingordi- 462.351 aance of section, opened, ity, it is without :d street ig street :ial map r public >ality to erected e board e owner e board roperty cannot hat bal- tap and )erty in ■rmit is hearing official ipp?als r board ecision d if no .buUd- il ordi- details g77 HOUSING. REDEVTLOPME.NT. PLANNI.NG. ZONING 4«2J6 462.3595 CONDITIONAL USE PERMITS. Subdivision 1. Authority. The governing body may by ordinance designate certain types of developments, including planned unit developments, and certain land devel­ opment activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. Subd. 2. Public hearings. Public hearings on the granting of conditional use per­ mits shall be held in the manner provided in section 462.357, subdivision 3. Subd. 3. Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of condi­ tional uses. Subd. 4. Filing of permit. A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles of the county or counties in which the municipality is located for record. The conditional use permit shall include the legal description of the property included. Historv’: 1982c 5^ 462.3597 INTERIM USES. Subdivision 1. Definition. An “interim use” is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if: (1) the use conforms to the zoning regulations; 1 (2) the date or event that will terminate the use can be identified with certainty; (3) permission of the use will not impose additional costs on the public if it is nec­ essary for the public to take the property in the future; and (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations. Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 462.357, subdivision 3. History: 1989 r 200 s 2 462.36 CERTIFIED COPIES FILED WITH COUNTY RECORDER. Subdivision I. Required documents. A certified copy of every ordinance, resolution, map, or regulation adopted under the provisions of sections 462.358, 462.359, and 462.3595 shall be filed with the county recorder of the county or counties in which the municipality adopting it is located. A certified copy of every variance to abstract or reg­ istered property granted under section 462.358 shall be filed with the county recorder or the registrar of titles of the county or counties in which the municipality granting it is located; e.xcept that the requirement to file a variance is satisfied if a certified copy of the resolution citing the e.xistence of the variance is filed identifying the location where the variance documents are available for inspection. Ordinances, resolutions, maps, regulations or variances filed pursuant to this subdivision C- not constitute encumbrances on real property. The order issued by the governing body or board of appeals and adjustments as the case may be, shall inci de the legal description of the property involved. Failure to file an ordinance, resolution, map, regulation, variance, or order shall not affect its validity or enforceability. Subd. 2. Filing with contiguous planning authorities. A copy of a comprehensive v.i r REQUEST FOR COUNCIL ACTION COUNCIL MEETINO AUG 2 4 1998 Date: August 19,1998 Item No.: / 3 Agenda Section: Zoning Administrator’s ReportDepartment Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Kcm Description; Spring Hill - Request for Holding Tank; Rest Area Buildii.i RelocaUon List of Exhibits A- Letter from Tim Johnson B - Site Plan C - Septic layout D - Construction Status Update from Tim Johnson Resolution No. 3902 approving a CUP for Spring Hill Golf Club included the placement of a concession stand / rest station "near the tunnel" (page 8 of 17). The approved site plan located it on the north side of County Road 6, but subsequent discussions and septic testing resulted in a proposed revised location on the south side of the road, where it would be near the available drainfield sites and potentially screened from the roadway by existing trees. Staffs primary concern with this rest station has been to have it located where it will not become a 'roadside attraction for non-golfers who happen by. Now that the tunnel is completed and fairways and cart paths established, it is more obvious that a rest station constructed on the site south of the road will be very visible to traffic. Construction o a drainfield system at the tested sites will result in more trees being removed. This site also has some inherent problems for septic system maintenance, since tank pumpouts would require the pump truck to park alongside County Road 6. A better option which is supported by staff has been proposed by Spring Hill. This would place the rest area building approximately 180' north of the right-of-way, northwest of the tunnel, and adjacent to an interior cart path/service drive that could handle pump trucks accessing through t e maintenance driveway from Tamarack Drive. This would eliminate any conflicts with pump ^cks parked on County Road 6; would result in a location that is much less visible from the County oa , and will not result in the loss of more trees on the south side of the road. The new location is where staff originally envisioned the rest station. This site more than meets the 50 ’ property line setback required by the Zoning Code for structures on a golf course. Spring Hill is also requesting that this building be ser\ed by a holding tank system rather th^ a septic system. The primary rationale is that it is intended to serve a seasonal use with relative y Spring Hill Rest Area August 19,1998 Page 2 minimal usage. Secondly, there are no available drainfield sites north of the road, so the mechanics of using the sites south of the road are difficult. It is important that thetested sites south of the road continue to be preserved for possible future use should the Club conclude in the future that a drainfield system should be used instead of holding tanks. Staff Recommendation Staff supports the use of a holding tank for the rest station, subject to Spring Hill obtaining the appropriate construction permit and maintaining a pumping contract with a licensed pumper. Further, staff recommends approval of the proposed relocation of the rest station back to the north side of 6 as originally approved, but further north where it will be less visible from County Road 6. Procedural Review Use of a holding tank is considered a variance to the provisions of Section 12.30 of the Municipal Code. The Septic System Inspector is authorized to grant such variances since this is not a Zoning matter. However, staff has historically referred all holding tank requests to Council for review and approval prior to permit issuance, in part to maintain Council's awareness of septic system issues. The proposed relocation of the rest station results in a very minor revision to the approved site plan, does not result in the need to change any language in the CUP resolution, and in staffs opinion does not require re-opening the application. COUNCIL ACTION REQUESTED 1. 2. Motion to approve the use of a holding tank for the rest station for Spring Hill Golf Club per Code Section 12.30 Subd. 4E. Motion to approve the relocation of the rest area to a site located approximately 180 north of Countv Road 6 as shown on ther attached site plan. r SPRING HILL GOLF CLUB August 14, 1998 Mike GafTron City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mike, Enclosed is a diagram showing the location that wc would like to locate our rest station for Spring Hill Golf Club. As you well know, W'e originally planned on having this rest station on the south side of County Road 6 (site 1) with a septic system installed to service the sewage from the limited use bathrooms. Upon further review of this site, wc feel that it would be better to have this rest station located on the north side of County Road 6 for two reasons. As it is currently planned, the septic area and the back up site take up the majority the unused property at it's current location leaving the only area for the rest station in a location fully e.xposed to County Road 6. This would not only be a security issue for Spring Hill Golf Club, but would not easily be hidden with plant material, so this area could be viewed as an eve-sore. More importantly, howev er, to make room for the proposed primary drain field, w'c would have to clear 8-10, 30 foot pine and spruce trees and damage rooting s>’stems on many other boarding trees to install the drain field If, for some reason, the secondary site should need to be utilized, 25-30, 35 foot spruce trees would need to be removed to install the drain field Wc would prefer to build this rest station without compromising any trees. Wc would like to move the rest station over to the north side of County Road 6 (site 2) and because there is no undisturbed areas in this location, install holding tanks that would be pumped on a regular basis. This would move the rest station 160 feet further from County Road 6, completely hiding the building and would eliminate need for any tree removal. The tanks would be serviced through the maintenance building entrance and be able to pull next to the tanks on the cart path. Please review' the enclosed information and contact me with any questons. Spring Hill Golf Club 700 Spring Hill Road - Wayzata, .MN 35391 SPRING HILL GOLF CLUB STATUS REPORT CITY OF ORONO MONTH ENDING July 1998 1) PROGRESS RFPnpY; A) CLEARING: rnmplAfo B) GRADINC; Complete C) SILT FENC E: Complete per plan with additions as needed D) CLUBHOUSE: Construction began in June. Framing and mechanicaljn progress. Entry drive paving to begin in mid September. maintenance BUILDING; Complete. Site seeding to begin in September. TRANSPLANTING AND SALVAGE : Tree transplanting complete per plan Additional trees to be added as needed. 3) TUNNELi Complete. Request release of bond for tunnel construction. 4) MISC. Golf cour^ construction to be complete at the end of August. At that time the golf course will be completely seeded and the ‘Grow In ’ process will continue through fall. To date, all erosion damage from spring and summer storms has been repaired. 700 Spring Hill Road - \Vayzata,MN 55391 COUNCIL MESTINQ REQUEST FOR COUNCIL ACTION AUG 2 4 1998 C <J\ or ORONO DATE: August 24, 1998 ITEM NO, Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Schedule Public Hearing for Orono Orchards Sanitary Sewer Project A preliminary feasibility study was prepared for this project and was presented to the residents at a neighborhood meeting on May 14th. All of the septic systems in this area are nonconforming to the 3-foot separation rule, with several systems failing because of surface discharges. This area is predominately 1/4 to 1/2 acre lot sizes with very limited possibilities for septic system replacements. Approximately one half of the homes could require holding tanks if sewer is not available. In the analysis for the recent MUSA line expansions, the Orono Orchards neighborhood was listed as the second priority after North Long Lake for municipal sewer. This project has 23 units and the feasibility study estimated assessment is $23,690 per unit. The majority of the residents have submitted a petition requesting that this project move forward. They have indicated that the project costs seem quite prohibitive and are interested in pursuing a possible City subsidy for this project. Below is a tabulation of the assessed value of the homes in the neighborhood from the Hennepin County tax records. •nilLess than $150, $150,000 to $200, $200,000 to $300, Greater than $300, mil mil mil 4 homes 6 homes 6 homes 6 homes 19% 27% 27% 27% The assessment of the full cost of the project could cause financial difficulty to at least the 10 lowest valued properties. Before holding the public hearing, the Council may want to determine if it would consider City funding of some of the costs, and if so, what level of funding would be reasonable. Staff hasn't discussed with the neighborhood the cost level at which they would support a project. If the Council would like to move the project forward, the next step is to formally order and accept the feasibility study and then schedule a public hearing. The ideal schedule for 1999 construction would be to complete the plans and specifications before the end of this year and then bid the project early this winter. Early bidding of projects usually results in better bid prices as contractors are interested in securing work for the upcoming construction season. The proposed date for the public hearing is for the regularly scheduled Council meeting on September 28th. The Council may want to schedule a work session before the public hearing to discuss project funding. Staff^ is recommending scheduling the public hearing to move this project forward. COUNCIL ACTION REQUESTED: Motion to approve resolution ordering the preparation of a feasibility study for the Orono Orchards Sanitary Sewer Project. Motion to approve resolution accepting the feasibility study and scheduling a public hearing for the Orono Orchards Sanitary Sewer Project for 7:00 P.M. on September 28, 1998 r A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INSTALLATION OF MUNICIPAL SANITARY SEWER TO SERVE THE ORONO ORCHARDS AREA WHEREAS, the project area was included in the recent MUSA expansion for sanitary sewer services, a neighborhood informational meeting was held to disci ss the project, and project area residents have submitted a letter indicating interest in obtaining sanitary sewer, and WHEREAS, the City Engineer has provided preliminary cost estimates for a sanitary sewer extension however additional information is needed in order to establish the feasibility of such a project, and WHEREAS, it is proposed that municipal sanitary sewer trunks and/or laterals be constructed to serve the Orono Orchards area and that the benefitted property(s) be assessed for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE BE IT RESOLVED, by t e City Council of Orono, Minnesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Orono this 24th day of August, 1998. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk r A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON ORONO ORCHARDS SANITARY SEWER IMPROVEMENT WHEREAS, pursuant to Resolution No.of the Council adopted August 24, 1998, a report has been prepared by the City Engineer in reference to the Orono Orchards sanitary sewer improvement, and this report was received by the Council on August 24,1998; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1.The Council will consider the installation of such sanitary sewer improvement in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $518,914. 2.A public hearing :'edl be held on such proposed improvement on the 28th day of September, 1998 in the Council Chambers, 2750 Kelley Parkway, at 7:00 p.m. and the Clerk shall give mailed and published riotice of such hearing and improvement as required by law. Adopted by the City Council this 24th day of August, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk AUGUST 1998 C ity of Orono Public Services D irector P. 0. Box 66 CRYSTAL Bay, MN 55323-0066 RE: Orono Orchard Sanitary Improvements Project #139101 Mr . D irector , We, the residences of Orono Orchard , would like to notify the city of our strong INTEREST IN PURSUING THE INSTALLATION OF MUNICIPAL SEWER DURING THE 1999 CALENDAR YEAR. It is our understanding that the projected costs for this project will be APPROXIMATELY |22,562.00 PLUS SAC FEES OF $1,050.00 PER UNIT AND DIRECT HOOKUP COSTS TO EACH INDIVIDUAL RESIDENCE OF APPROXIMATELY $1,000.00 TO $2,000.00 FOR THOSE WHO CHOSE TO HOOKUP AT THIS TIME. We would like to explore all possibilities of reducing these COSTS THROUGH RE­ ENGINEERING, REBIDDING AND/OR CITY SUBSIDIES. THE COSTS AT THIS TIME SEEM QUITE PROHIBITIVE. It is also our understanding that there is some type of relief for senior RESIDENTS. THAT IT’S POSSIBLE THAT SENIOR RESIDENTS WOULD NOT HAVE TO PAY FOR THE SEWER EXPENSE UNTIL A SALE OF THE RESIDENCE HAS TAKEN PLACE. We, the residents listed on the following PAGES AGREE TO THE ABOVE STATEMENTS AND REQUEST THE PURSUIT OF CONTINUING THIS SEWER PROJECT. IT IS ALSO OUR UNDERSTANDING THAT WITH A POSITIVE RESPONSE OF 70-80% OF THE RESIDENTS THAT THIS PROJECT MAY MOVE FORWARD TO THE NEXT PHASE. Sincerely , Orono Orchard R esidents 4 •Itll !1Hi i r- ' . r A ugust 1998 We the following residents have read the statements on the attached cover LETTER AND BY SIGNING BELOW ARE tiQI INTERESTED IN PURSUING THE SEWER PROJECT FOR THE Orono Orchard neighborhood. NAME ADDRESS PHONE r A ugust iqqr We. the following residents have read the statements on the attached cover LETTER AND BY SIGNING BELOW ARE tlQI INTERESTED IN PURSUING THE SEWER PROJECT FOR THE Orono Orchard neighborhood . Report For Orono Orchard Sanitary Sewer Orono, Minnesota August, 1998 File No. 139101 r Bonestroo Rosene Anderlik & Associates Engineers & Architects August 24,1998 . , Affirrritive AcHon/EquM Opportunity employer Boneuroo. I>otene. AntlerUy »np AuooMet. tnc. .. a- Att.rrrpt e ^ Pr,ncip»lt O.toG Bonenroo PE • JoyP" Ca'Bourdon. PE. • E Turner. PE • Glenn R ^ « consu.tents Rooert W Rosene. PE and Susan .V EOerl.n. C PA . Sen.o ^ ASSOC,are Pr,ncpa/s Howard a I A. • s.U A. Hanson. PE • Ricnard W Foster. PE. • Oavid O p Ande-son ?E • Var« R Rolfs. PE •:r-r;r"-v.»• ------ • Allan Rick Scnmic: “E orr-ce. St. Paul. Rocnester. W.-imar and S, Cloud. VN . Vaiwauke*. Wl WeOntc WWW bonestroo com Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323-0066 Re: FcasibiUty Report Orono Orchard Sanitary Sewer Extension Our File No. 139101 Dear Mayor and Council: Woodhill Avenue on Smith and Lyman Avenues. Wc would be pleased to discuss Usis «pon fuflher wid, d« City CouncU or Ciqi suff at any mutually convenient time. Respectfully submitted, BONESTROO. ROSENE. ANDERLIK AND ASSOCIATES. INC. /oy*1 Tom P. Kellogg TPK-.kf I hereby certify that this plan, specif,caUon or re^rt w« e or under my direct supervision and that I am a duly Registei Slate of Minnesota. ^ ----------------------------------------------------------------- Glenn R. Cook, P.E. Dale: Aii{nKt24.1998 Reg. No. 9411 ______________________——r—, ARM CC113 ■ 612-636-4600 ■ Fax: 612-636-1311 2335 West Highway 36 ■ St. Paul, MN Table of Contents Letter of Transmittal Table of Contents I. Introduction Figure 1 - Location Plan Summary and Recommendations m.Sanitary Sewer Figure 2 -Orono Orchard Figure 3 - Lyman Avenue Option IV. Cost Analysis Table 1- Cost Summary V. Project Schedule Appendix A -Orono Orchard Orono Orchard Sanitary Sewer Improvements Page No. 1. 2. 3. 4. 5. 6. 8. 9. 10. 10. 11. I. Introduction City staff has requested this report to determine the feasibility of constructing samtary sewer improvements for the Orono Orchard area, as shown on Figure 1. A portion of the neighborhood is located within shoreland making it difficult for some property owners to meet the 3 foot separauon between the seasonal water table and their sepUc system. Alternate septic sites are not avaUable on some properties due to lot size and existing topography. The City of Orono conducted a study in 1994 to determine if there were neighborhoods in Orono which should be provided with municipal sewer rather than have the neighborhoods upgrade their existing septic systems. Based on the results of that study, the City of Orono requested approval ftom the Metropolitan CouncU to extend sewer to ten Orono neighborhoods. The Orono Orchard area was one of the ten neighborhoods recently included in the Metropolitan Urban Service Area (MUSA) boundary expansion. The proximity to shoreland, lot size and topography are the primary factors suggesting mumcipal sewer service is preferable to long term septic system usage. It is estimated that 35% of the existing septic systems in the Orono Orchard neighborhood are either faiUng or non-conforming. This past summer the City completed sewer projects to serve four of the ten neighborhoods. Orono Orchard is the next area on the City ’s priority list for sanitary sewer. This report describes the sanitary improvements required to compietely serve the Orono Orchard neighborhood. The proposed sanitary sewer improvements ate presented on Figure 2. Figure 3 shows a design option to serve a portion of Lyman Avenue. The costs of the proposed improvements are presented in the appendices and a cost summary is presented in the Cost Analysis section. Orono Orchard Sanitary Sewer Improvements LOCATION PUN ORONO. MINNESOTA SANITARY SEWER IMPROVEMENTS \139101\139101R1.0WC 2/2/98 FIGURE 1 Bonestroo Roseno Anderlik & Associates S Architects COMM, 139101 II. Summary and Recommendations The construction ot sanitary sewer to serve the Orono Orchard area is feasible from an engineering standpoint. The project is necessary because of the relatively small lot si2es and potential pollution problems. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The cost of these improvements are interrelated and should be assigned equitably between all properties. The following recommendations are presented for consideration by the Orono City Council: 1. 2. 3. That this Report be adopted as the guide for installation of sanitary sewer in the Orono Orchard area. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. That a public hearing be held on the proposed improvements. The total estimated project cost of $518,914 should be incorporated in the public notice. There are 23 units proposed to be assessed for the trunk and lateral improvements. Orono Orchard Sanitary Sewer Improvements III. Sanitary Sewer The proposed sanitary sewer for the Orono Orchard area is shown on Figure 2. review of the project site indicates the routes shown on the figures are recommended from a construction standpoint. All residents in the project area would be served by a gravity sewer. The proposed sewer would be constructed using the directional boring method on segments BHG and FCDE. Segments HI and AC would be installed by the open cut method, A lift station would be constructed along Orono Orchard Road and would pump flows into an existing Metropolitan Council Environmental Services (MCES) forcemain. Mainline pipe will be 8-inches in diameter and either HDPE or PVC depending on the method of installation. Sewer services to each home will be 4-inches in diameter. Services will be extended to the property line. The actual connection between the home and the sewer stub will be the property owners responsibility. Estimated costs are shown in the Appendices. An additional design to serve the properties identified as 21,22 and 23 on L>'man Avenue is shown on Figure 4. This pipe would be directionally bored and the street excavated only at the manhole locations. These properties could be included in the project or this sewer segment could be constructed sometime in the future. Property owners should be contacted to determine interest and sewer needs. Cost estimates for this segment are shown in the Appendices as the Lyman Avenue Option. The proposed manholes on Lyman, Smith a.nd Woodhill Avenues would be constructed in the roadway. All sewer pipes, manholes and the lift station along Orono Orchard Road will be installed off of the street on the golf course side. Disturbed street areas will be restored with 1 Vi inches of bituminous wear course, 2 inches of bituminous base course, 12 inches of aggregate base and geotextile stabilization fabric. An alternate design using the open cut method of installation for all pipes shown on Figure 2 was considered. This alternate would increase the total project cost by 37 percent and severely restrict access during construction. A cost estimate for the alternate design is included in the Appendix. Orono Orchard Sanitary Sewer Improvements The project will be constructed on public and private property. The alignments selected and shown on Figures 2 and 3 will require permanent and temporary easements to allow for construcdon. Detailed cost estimates for the sanitary sewer improvements are presented in the Appendices. Orono Orchard Sanitary Sewer Improvements 4 IV. Cost Analysis Detailed co?t estimates for thr proposed improvements are presented in the appendices. These costs include a 5 pe.rcent contingency, a 20 percent allowance for design, inspection, legal, and administidtio-. cnsts, and a 5 percent allowance for capitalized interest and bonding costs during constructioa, the costs arc based on 1999 construction and can be related to the ENR Construction Cost Inrjex of 6^190 (estimated June, 1999). A summary of the estimated costs for the proposed improvements is presented in Table 1. Area # of Services Figure #Estimated Cost Assessment Smith and Woodhill Avenues, Orono Orchard Road 20 2 $443,660 $22,183 Smith, Woodhill and Lyman Avenues, Orono Orchard Road 23 2&3 $544,860 $23,690 The cost estimates do not include easement costs that could be incurred on the project. It is recommended that the sewer construction costs be assessed uniformly over the area to be served, based on the number of services to each property. The assessments shown above reflect this recommendation. Orono Orchard Sanitary Sewer Improvements V, Project Schedule Date Event August, 1998 Publish and mail notice of public hearing September 28,1998 Public hearing September 28,1998 Order preparation of plans and specifications December, 1998 Plans and specifications complete January, 1999 Advertise for bids February, 1999 Open bids March, 1999 Assessment hearing AprU, 1999 Award construction contract May, 1999 Begin construction August, 1999 Complete construction Orono Orchard Sanitary Sewer Improvements APPENDICES Orono Orchard Sanitary Sewer Improvements i r CITY OF ORONO 1998 SANtTARY SEWER IMPROVEMENTS ORONO ORCHARD NEIGHBORHOOD FILE NO. 139101 Sanitary Sawer PRELIMINARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE EST. COST 8" PVC, SDR 35,8’-10’ deep 8' PVC. SDR 35.deep 8' PVC, SDR 35,12‘-14' deep 8* PVC, SDR 35.14’-16* deep 8* DIP sanitary sewer Directional bore 8* HOPE 8* X 4' wye 4* PVC service pipe Directional bore 4* sewer service Standard 4* diam. MH MH overdepth Improved pipe foundation Mechanical trench compaction Televise sewer Submersible pump lift station 6* HDPE forcemain Connect to existing forcemain Repair driveways Common excavation Bituminous surfacing removal Geotextile fabric Class 5 aggregate base, 100% crushed Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack coat Clear and Grub Furnish and install trees Mobilization Silt fence Seeding wAopsoil, mulch & fertilizer Sod with 4* topsoil LF LF LF LP LF LF EA LF LF EA LF LF LF LF EA LF EA EA CY SY SY TN TN TN GL LS LS LS LF AC SY 310 25 325 100 40 1995 20 600 550 12 37 4700 2995 2800 1 100 1 10 1650 2770 1770 2200 355 300 170 1 1 1 2500 1 3200 523.00 25.00 28.00 30.00 30.00 40.00 75.00 10.00 25.00 1,500.00 100.00 1.00 1.00 1.00 55,000.00 25.00 1.500.00 750.00 6.00 2.00 1.50 10.00 45.00 50.00 1.50 2,000.00 2.500.00 5,000.00 2.50 3.500.00 2.50 $7,130 625 9,100 3.000 1,200 79,800 1.500 6.000 13,750 18,000 3.700 4.700 2,995 2,800 55.000 2.500 1.500 7.500 9,900 5,540 2,655 22.000 15,975 15,000 255 2,000 2.500 5.000 6,250 3.500 8.000 Estimated Construction Cost +5% Contingencies +20% Legal, engineering, admin. +5% Bonding and capitalized interest +5% Construct in 1999 Total Estimated Coat $319,375 15.969 $335,344 67,069 $402,413 20,121 $422,533 21,127 $443,660 CITY OF ORONO 1998 SANITARY SEWER IMPROVEMENTS ORONO ORCHARD NEIGHBORHOOD FILE NO. 139101 Sanitary Sawar, Lyman Avanua Option PRELIMiNARY COST ESTIMATE ITEM UNIT EST. QUANTITY UNIT PRICE EST. COST Directional bore 8' HDPE 8* X 4* wye 4* PVC service pipe Standard 4’ diam. MH MH overdepth Improved pipe foundation Mechanical trench compaction Televise sewer Repair driveway;^ Common excavation Bituminous surfacing removal Geotextile fabric Class 5 aggregate base. 100% crushed Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack coat Clear and Grub Furnish and install trees Mobilization Silt fence Sod with 4* topsoil Estimated Construction Cost +5% Contingencies +20% Legal, engineering, admin. +5% Bonding and capitalized interest +5% Construct in 1999 Total Estimatad Cost LF EA LF EA LF LF LF LF EA CY SY SY TN TN TN GL LS LS LS LF SY 785 3 150 3 35 150 150 785 4 400 800 1000 700 90 70 60 1 1 1 300 1000 $40.00 75.00 10.00 1.500.00 100.00 1.00 1.00 1.00 750.00 6.00 2.00 1.50 10.00 45.00 50.00 1.50 1,000.00 2.500.00 750.00 2.50 2.50 $31,400 225 1.500 4.500 3.500 150 150 785 3.000 2,400 1,600 1.500 7.000 4,050 3.500 90 1.000 2.500 750 750 2,500 $72,850 3,643 $76,493 15,299 $91,791 4,590 $96,381 4,819 $101,200 CITY OF ORONO 1998 SANITARY SEWER IMPROVEMENTS ORONO Of .CHARD NEIGHBORHOOD FILE NO. 139101 Sanitary Sewer, Alternate PRELIMINARY COST ESTIMATE __________ITEM 8’ PVC, SDR 35, 8'-10* deep 0' PVC. SDR 35.10 ’-12* deep 8* PVC. SDR 35.12 ’-14* deep 8" PVC. SDR 35.14'.16* deep 8" PVC. SDR 26.16 ’-18' deep 8" PVC. SDR 26.18 ’-20 ’ deep 8* PVC, SDR 26,20 ’-22* deep 8' PVC, SDR 26,22’-24’ deep 8* DIP sanitary sewer 8" X 4* wye 4* PVC service pipe 4* PVC service riser pipe Standard 4* diam. MH MH overdepth Improved pipe foundation Mechanical trench compaction Televise sewer Submersible pump lift station 6* HDPE forcemain Connect to existing forcemain Repair driveways Common excavation Bituminous surfacing removal Geotexiile fabric Class 5 aggregate base, 100% crushed Type 31 bituminous base course Type 41 bituminous wear course Bituminous material for tack coat Clear and Grub Furnish and install trees Mobilization Silt fence Seeding w/topsoil. mulch & fertilizer Sod with 4* topsoil_______ Estimated Construction Cost +5% Contingencies +20% Legal, engineering, admin. +5% Bonding and capitalized interest +5% Construct in 1999 Total Estimated Cost UNIT LF LF LF LF LF LF LF LF LF EA LF LF EA LF LF LF LF EA LF EA EA CY SY SY TN TN TN GL L6 LS LS LF AC SY EST. QUANTITY 1455 860 100 40 45 80 380 UNIT PRICE $23.00 25.00 28.00 30.00 33.00 38.00 42.00 EST. COST $33,465 21.500 2,800 1,200 1,485 3,040 15,960 85 45.00 3,825 75 30.00 2.250 20 75.00 1,500 740 10.00 7,400 100 25.00 2,500 14 1,500.00 72.5 100.00 7.250 7600 1.00 7,600 3860 1.00 3,860 3120 1.00 3.120 1 55,000.00 55,000 100 25.00 2,500 1 1,500.00 1,500 20 750.00 15,000 4450 6.00 26,700 8500 2.00 17,000 9100 1.50 13,650 6600 10.00 66,000 1050 32.00 33.600 820 35.00 28,700 480 1.50 720 1 2.000.00 2,000 1 2.500.00 2.500 1 5.000.00 5,000 1500 2.50 3,750 1 3.500.00 3,500 8000 2.50 20.000 $436,875 21.844 $458,719 91.744 $550,463 27,523 $577,986 28.899 $606,885 COUNCIL MSSTiNO AUG 2 4 1998 REQUEST FOR COUNCIL ACTION (live- ’O DATE: August 24, 1998 ITEM NO.^ / 7 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Schedule Public Hearing for Head Property Sanitary Sewer Project The property owners at 2090 Shoreline Drive, Doug and Martha Head have expressed an interest in obtaining municipal sewer. A preliminary feasibility study was prepared for tfiis project and presented to the property owners. This property would be served by directional boring a sewer forcemain under the Areola Channel to Minnetonka Beach. The property owners would own and operate the residential grinder station. We have discussed this project with staff from Minnetonka Beach, and they indicated that discharging the forcemain into their gravity sewer is okay. The estimated cost for this project is $53,780 and would be fully assessed project. The property consists of about four acres of land with approximately one acre of dry buildable land. The remainder of the property is below the Lake Minnetonka 100 year flood elevation. There are two existing houses on the property that are both currently occupied during the summer months. There is also a small cabin in the northeast comer of the property that does currently does not have sewer or water available. One of the houses and the cabin are located within the flood zone area of the property. The buildings all predate the City’s current zoning regulations. The property is within the MUSA line and is located in the 2-acre lakeshore residential zone. The property is nonconforming to the current zoning and shoreland regulations. The City has proposed to the property owners that sewer will be provided, with the stipulation that the owners sign an agreement limiting the property to a maximum of two sewer units. Both houses are served by a well and septic system. The septic system is nonconforming to the 3-foot separation rule. The property docs not contain any suitable septic system sites and would require a holding tank if not served by municipal sewer. If the Council would like to move the project forward, the next step is to formally order and accept the feasibility study and then schedule a public hearing. The ideal schedule for 1999 construction would be to complete the plans and specifications before the end of this year and then bid the project early this winter. Early bidding of projects usually results in better bid prices as contractors are interested «n securing work for the upcoming construction season. The proposed date for the public hearing is for the regularly scheduled Council meeting on September 28th. Staff is recommending scheduling the public hearing to move this project forward. r COUNCIL ACTION REQUESTED; Motion to approve resolution ordering the preparation of a feasibility study for the Head. 2090 Shoreline Drive, Property Sanitary Sewer Project. Motion to approve resolution accepting the feasibility study and scl^uli^ a public hearing for the Head Property, 2090 Shoreline Drive, Sanitary Sewer Project for 7.00 P.M. on Septembe 28, 1998 1/ ACP-f A6^)l/F ^LOO^ LAtt tvutjM.g(;(o,y:i \ \doy{hl^ VXFl/.'^il. SO ___ —I IOC 00' r A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE INSTALLATION OF MUNICIPAL SANITARY SEWER TO SERVE THE HEAD PROPERTY WHEREAS, the property owner has requested that the City begin the process for obtaining sanitary sewer at 2090 Shoreline Drive, and WHEREAS, the City Engineer has provided preliminary cost estimates for a sanitary sewer extension however additional information is needed in order to establish the feasibility of such a project, and WHEREAS, it is proposed that municipal sanitary sewer trunks and/or laterals be constructed to serve the Head Property at 2090 Shoreline Drive and that the benefitted property be assessed for all of th- cost of the improvements pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE BE IT RESOLVED, by the City Council of Orono, Mirmesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Orono this 24th day of August, 1998. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON HEAD PROPERTY, 2090 SHORELINE DRIVE, SANITARY SEWER IMPROVEMENT WHEREAS, pursuant to Resolution No.of the Council adopted August 24, 1998, a report has been prepared by the City Engineer in reference to the Head Property, 2090 Shoreline Drive, sanitary sewer improvement, and this report was received by the Council on August 24,1998; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost i.llective, and feasible. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. The Council will consider the installation of such sanitary sewer improvement in accordance with the report and the assessment of abutting property for all of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $54,000. A public hearing sliall be held on such proposed improvement on the 28th day of September, 1998 in the Council Chambers, 2750 Kelley Parkway, at 7:00 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 24th day of August, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk r / • MM > if ' . Report For Head Property Sanitary Sewer Orono, Minnesota August, 1998 File No. 139-GEN Bonestroo Rosene Anderlik & Associates Bon^iiroo Rosene. Anderhk ^nd Assocuires. Inc is an Aff^rr-arive Act.on, Equal Opportunity Employer Principals Otto G Bonestroo. P£ • Joseph C. A.-!Cerif< P£ • Vjrvn L SorvaM. P£ • Pichard E Turner. PE. • Gfenn R Coox. PE • RotJert G Schu'^icnt. PE • Jerry A Bourdon. PE. • Rotiert W Rosene. PE and Susan M Eoerlm. C PA . Sertor Consultants Associate Principals Howard A Sanford. PE • Ke't.h A Gcrion. PE • Robe^’f R P'efferlc. PE. • Richard W Foster. PE. • David O Loskota. P£ • RoDe't C Pussex. A IA • Mark A. Hanson. PE. • Michael T. Rauimann. PE • Ted K.Fieid. PE • Kenneth P Anderson. PE • Mark R. Rolfs. PE. • Sidney P Williamson. PE. L S • Robert F Kotsmitn • Agnes M Ring • Michael P Rau, PE. • Allan Rick Schmidt. PE Engineers & Architects August 24,1998 Offices: St Paul. Rochester. Wiiimar and St Cloud. M\' • v»iwauXee. Wi Wedstte WWW bonestroo com Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay MN 55323-0066 Re: Feasibility Report Head Property Sanitary Sewer FUe No. 139-GEN Dear Mayor and Council: As directed by City staff, we have reviewed tht existing conditions and the possible sanitary sewer service to the Head property in Orono. The property is located on Crystal Bay, north of Minnetonka Beach and west of C.R. 15 (Shoreline Drive) near the Areola bridge as shown on Figure 1. Most of the property is relatively flat, elevated just one to two feet above the NWL (929.6) of the lake. There are two existing residences located on the property. Both residences are served by on-site septic systems. The systems are currently non-conforming and no alternate septic sites exist on the property. It is proposed that sewer improvements to the Head property include the installation of a residential grinder station and forcemain as shown on Figure 2. As part of the project, a 4-inch HDPE pipe would be directionally bored southerly under the lake to an existing gravity manhole at the intersection of Shoreline I^ve and Beach Lane in Mirmetonka Beach. The 4-inch pipe would serve as a conduit for a 2-inch forcemain that would carry flows from the Head property to the existing manhole. The conduit would provide a margin of safety against forcemain leaks and allow for future forcemain maintenance without re-boring the line. Beach Lane will be excavated around the existing manhole to make the forcemain connection. The street would be restored to its original grade and section. Disturbed lawns would be regraded and restored with sod. The project will require the approval of the Minnesota Department of Natural Resources (MN DNR). Permits will be requir^ from Hennepin County, Minnesota Pollution Control Agency and the MN DNR. The construction of the sanitary sewer to serve the Head property is feasible from an engineering standpoint. The project is necessary because of the non-conforming septic systems and potential pollution problems. The capital cost as well as operation and maintenance costs have been considered in determining that the project is cost effective. The cost of these improvements are interrelated and should be assigned to the Head property. The following recommendations are presented for consideration by the Orono City Council: 2335 West Highway 36 • St. Paul. MN 55113 - 612-636-4600 • Fax: 612-636-1311 1.That this Report be adopted as the guide for installation of sanitary sewer to serve the Head property. 2. That the City conduct a legal and fiscal review of the proposed project prior to the public hearing. 3. That a public hearing be held on the proposed improvements. The total estimated project cost of $54,000 should be incorporated in the public notice. The total estimated cost of $54,000 includes a 5 percent contingency, a 20 percent allowance for design, inspection, legal, and administration costs, and a 5 percent allowance for capitalized interest and bonding costs during construction. The cost estimate does not include easement costs that could be incurred on the project. The installation, operation and maintenance of the grinder station and the connection of the sewer to the home will be the responsibility of the property owner. A detailed cost estimate for the proposed improvements is attached for your review. We would be pleased to discuss this report further with the City Council or City staff «i any mutually convenient time. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Tom Kellogg — I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Miimesota. ______________________ Glenn R. Cook, P.E. Date: August 24. 1998 /"/tJ Reg. No. 9451 *4; #" HEAD PROPERTY SANITARY SEWERTTEM UNIT UNITPRICE EST*QUANTITY EST.COST Directional bore 4* HOPE LS 25,000.00 1 $25,000 2* HOPE forcemain LF 4.00 1,100 4,400 Residential grinder station EA 1 5,000 Connect to existing manhole EA 2,000.00 1 2,000 Bituminous street patching SY 10.00 300 3,000 Sod with 4' topsoil SY 2.50 500 1,250 *fS% Contingencies ••■20% Legal. Engineering and Administration ■••5% Capitalized Interest and Bonding Total Eatimatad Cost 2,033 $42,683 8,537 $51,219 2,561 S53,780 COUNCIL MESTINGAUG 2 4 1998REQUEST FOR COUNCIL ACTION CITY or CRONODATE: August 24, 1998 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Short Court Basketball at Crystal Bay Park The installation of a short court basketball court at Crystal Bay Park has been planned for the last several years as one of the park improvement projects. This would be similar to the facility at Hackberry Park. The proposed court would be located north of the post office. This project would be completed by the I^blic Works staff. It would be a bituminous surface court with a basket at each end. l iic court would be orientated in a north-south direction. The estimated cost for this project is $5,i iili The plan was to dedicate proceeds from the March for Parks toward this project with Park Dedication fimds to be used to make up the difference. The Park Commission was aware that the March for Parks proceeds would not be enough to complete this project, and felt it was important that donors see results from the March for Parks. The current balance in the Park dedication fund is approximately $100,000. The neighborhood residents have expressed a favorable interest in this project. Since the new playground equipment has been installed, this park receives much use. This project could be completed within the next month as the paving contractor will be working in the City on our street overlay projects. The Park Commission and City staff are recommending approval of this project. COUNCIL ACTION REQUESTED: Motion to authorize construction of a short court basketball court at Crystal Bay Park to be funded from March fo.' Parks proceeds and Park Dedication funds. REQITEST FOR COUNCIL ACTION AUG 2 4 1998crrYoroRONODATE: August 24, 1998 ITEM NO.: / ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: M Agenda Section: Engineer'$ Report Item Description: Request for Payment #10, North Long Lake Smitary Sewer Project We have reviewed the information submitted by the City's engineeiing firm and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #10, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $50,199.30 m Bonestroo Rosene AnderH(&Owner:_ City of Orono. P.O. Box 66. Crystal Bay. MN 55323-0066 Date: August 19. 1998For Period:July 7. 1998 to Ausust 19.1998 Request No: 10ContractorBarbarossa & Sons. P.O. Box 367. Osseo. MN 55369REQUEST FOR PAYMENT NORTH LONG LAKE AND LONG LAKE COUNTRY CLUB SANITARY SEWER IMPROVEMENTS File No. 13988 SUMMARY 1 Original Contract Amount 2 Change Order • Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less .Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ 85.844.00 737.00 $ $ S s $ $ $ $ 874.930.01 960.037.01 911.471.20 0.00 911.471.20 45.573.56 865.897.64 815.697.74 50.199.90 Recommended for Approval by: BONESTROO, ROSENE, ANDERLK & ASSOCIATES, INC. J22!:Z Approved by Contractor Barbarossa & Sons Approved by Owner City of Orono Specified Contract Completion Date;Date: l:\139\13968\/equest 10«wt)2 Contract Unit Quantity AmountNo.Item Unit Quantity Price to Date to Date18" PVC, SDR 35. O’- 8’ deep in place LF 232 28.00 139 3,892.0028' PVC, SDR 35,8*- 10’ deep in place LF 752 29.00 1,071 31.059.0033* PVC. SDR 35.10’-12’ deep in place LF 1,303 30.00 974 29,220.0048" PVC. SDR 35.12’-14’deep in place LF 981 31.00 1,309 40,579.00 5 8" PVC. SDR 35,14’-16’deep in place LF 1,024 32.00 968 30,976.00 6 8" PVC. SDR 35.16’-18’ deep in place LF 63 33.00 185 6,105.00 7 8- PVC, SDR 26.14’-16’ deep in place LF 220 35.00 138 4,830.00 8 8- PVC. SDR 26.16’-18’ deep in place LF 188 36.00 9 8" DIP, 10’- 12’deep in place LF 40 38.00 40 1,520.00 10 8” DIP, 16‘- 18’ deep in place LF 20 41.00 20 820.00 11 Std. MH 8’ dp.. 4 ’ dia.. W/RI642B cstg.EA 24 1.440.00 24 34,560.00 12 MH depth greater than 8’ deep LF 97 100.00 102.7 10,270.00 13 Directional bore 4* HDPE SDR 17 LF 140 20.00 140 2,800.00 14 4 ” HDPE. SDR 17 LF 5,812 8.40 5,716 48,014.40 15 Air release manhole EA 2 1.900.00 2 3.800.00 16 l-l^" curb stop and box EA 3 350.00 3 1.050.00 17 Connect 4 HDPE into existing manhole EA 1 1.000.00 1 1.000.00 18 4- 45 degree HDPE bend EA 16 50.00 10 500.00 19 4" tee with cap EA 1 55.00 2 110.00 20 4- X 2" HDPE tee EA 3 50.00 3 150.00 21 4" X 4 ” HDPE tee EA 1 50.00 22 2” X 1-1/2“ HDPE reducer EA 3 35.00 3 105.00 23 2“ X 45 degree HDPE bend EA 3 30.00 4 120.00 24 4 “ X 2" wye EA 2 30.00 1 30.00 25 8" X 4 “ PVC service wye branch EA 48 50.00 55 2.750.00 26 8" X 2" wye EA 5 50.00 2 100.00 27 2“ X 1-1/2" reducer EA 7 30.00 7 210.00 28 4 “ PVC service pipe in place. SDR 26 LF 1,465 18.00 1,285 23.130.00 29 4" PVC service riser pipe in place. SDR 26 LF 35 18.00 44 792.00 30 4" HDPE service pipe directional bore LF 225 20.00 197.5 3.950.00 31 1-1/2" HDPE service pipe directional bore LF 225 10.00 561 5,610.00 32 Improved pipe fdn. in 6* increment depth LF 6,500 0.01 6.500 65.00 33 Mechanical trench compaction LF 6,500 1.00 4,844 4.844.00 34 Insulation SY 50 10.00 22 220.00 35 Sanitary sewer television inspection LF 4,808 0.42 36 Submersible Pump Lift Station 1 LS 1 44,200.00 0.98 43.316.00 37 Submersible Pump Lift Station 2 LS 1 44,700.00 0.98 __43,806.00 Total Part 1 - Long Lake Sanitary $380303.40 I:\139\13968\request 10. wt 2 Part 2 - Water Main 8’ DIP. Class 52 12 “ DIP. Class 52 6" DIP. Class 52 Cut into existing 8" CIP Cut into existing 6* DIP Hydrant 6* gate valve and box 8" gate valve and box 12* butterfly valve and box Fittings Mechanical trench oompac^cn* Improved pipe foundation in'5' increments' Total Part 2 • Watennain Part 3 - Restoratioa Clear and grub 2' X 3' sump catch basin 4' diameter sump catch basin manhole Catch basin manhoV cverdepth Bituminous surfacing removal Common excavation Class 5 aggregate base (100% crushed) Type 31 bituminous base course Type 41A bituminous wearing course Ceotextile fabric Bituminous material for uck coat Bituminous street patching Sawcut concrete driveway Sawcut bituminous Bituminous driveway restoration Concrete driveway restoration 12 “ RCP in place 15" RCP Ln place 15" RCP. over 8’ deep 15* RCP flared end in place with trash guard Mechanical trench compaction Improved pipe &kL in 6” increment depth Remove existing CMP culvert LF 95 20.00 46 920.00LF49026.00 583 15,158.00LF519.00 10 190.00EA11.000.00 1 1.000.00EAI800.00 1 800.00 EA 1 1 2.000.00 EA 1 600.00 1 600.00 EA 2 750.00 2 1,500.00 EA 1 1.000.00 1 LB 1.370 1.00 850 850.00 LF 590 1.00 639 639.00 LF 595 0.01 100 1.00 $24,658.00 EA 20 300.00 51 15,300.00 EA EA 2 5 1,000.00 1.200.00 2 5 LF 17 125.00 5 625.00 SY 11.600 1.00 11.500 11.500.00 CY 3.700 3.25 4.532 14,729.00 TN 8.000 9.20 9.257 35,164.40 TN 1.200 23.50 1.496 35.156.00 TN 900 27.50 986 27,115.00 SY 11.000 1.00 10.819 10,819.00 GL 550 1.00 550 550.00 SY 300 6.50 300 1,950.00 LF 100 5.00 LF 650 1.50 SY 1.550 6.50 1,453 9,444.50 SF 3.200 3.50 169 591.50 LF 233 22.00 86 1.892.00 LF 141 24.00 121 2,904.00 LF 20 26.00 • EA 2 900.00 1 900.00 LF 595 1.00 207 207.00 LF 595 0.01 LF 450 2.00 100 200.00 IA139\13968\re<)utst 10.wb2 r 73 74 75 76 77 78 79 80 82 83 84 85 86 87 88 89 90 98 Furnish and install i 5* CM? culvert 1 15" CMP flared end 1 Riprap, Class in hand placed ( Sod with 4" topsoil 1 Seed with topsoil, mulch and fertilizer i Erosion control fence Wood fiber blanket Furnish and plant EveisFeenTiee (Blue Spruce) 6' high Furnish and plant shade tree (Sugar Maple) 4' diameter Remove and replace wood or chain link fence Remove and transplant bushes Remove and transplant tree - Desiduous Remove and transplant tree • Coniferous Salvage and reiiutall wood guard post Total Part 3 • Restoration Part 4 - Ice Arena Duplex Grinder Station Duplex submersible grinder station 2* HDPE SDR 11 Connect to existing manhole 2" HDPE 45 degree bends Total Part 4 • Ice Arena Duplex Grinder Station Part 5 • Lift Station 6 Renovatioa Temporary cuntrob, pumps and piping for -F 450 iroo 427 5,124.00 •A 30 100.00 16 1,600.00 :y 12 30.00 22 660.00 >Y 28.000 2.25 20,281 45,632.25 ^c 2 1,550.00 0.90 1,395.00 LF 1,000 2.50 1.000 2,500.00 SY 750 IJO 524 786.00 EA 6 225.00 7 1,462.50 EA 6 500.00 1 500.00 LF 600 15.00 100 1,500.00 EA 12 75.00 EA 12 150.00 EA 15 150.00 EA 11 50.00 11.00 550.00 5288,757.15 LS 1 18.600.00 0.98 18.228.00 LF 1.160 6.00 1,105 6,630.00 EA 1 1.000.00 1 1.000.00 EA 2 50.00 4*100.00 Part 6 • Lift Station 12 Modifications Remove existing impellers and wear tings I:\139M 39a8\renuest10.Mb2 $25,958.(X) inicrim conveyance LS 1 2.000.00 1 2.000.00 92 Lift station demolition LS 1 5,000.00 1 5.000.00 93 New pumps, piping, valves* top hatch and slab LS 1 35.000.00 1 31.500.00 94 New control panel, base slab, dialer, and miscellaneous electrical LS 1 24.000.00 1 21.600.00 95 Sod SY 50 2.25 96 8" Class S aggregate base TN 75 12.00 73 876.00 97 3* thick bituminous driveway TN 30 45.00 « Total Part S - Lift Station 6 Renovation 560,976.00 100 101 102 103 104 105 106 107 108 109 110 81 11 12 and place new impellen and wear rings Total Part 6 - Lift Station 12 Modifications Part 7 • Forcemain Alignment Deduct: 1 2.0S2.00 2.052.00 Add; 4" HDPE forcemain, SDR 17 4" HDPE forcemain. SDR 17, directional borr Air release manhole Sod with 4" topsoil Bituminous driveway restoration Total Part 7 • Forcemain Alignment Part 8 • Resldental Sabmcrsible Grinder Stations Residental simplex grinder pump stations EA Total Part 8 - Residental Submersible Grinder Stations Alternate No. 1 • MH 22 to MH 22A 8" PVC. SDR 35.10* -12* deep in place Auger or directional bote 8 ’ PVC Std. MH 8 ’ dp., 4* dia., W/R1642B cstg, MH depth greater than 8* deep Remove & transplant tree - coniferous Total Alternate No. 1 - MH 22 to MH 22A Change Order No. 1 Furnish & plant shade tree (Sugar Maple) Std hfU 8* dp., 4* dia., w/R1642B cstg. MH depth greater than 8* deep Total Change Order No. 1 Change Order No. 2 4** riser pipe extension Total Change Order No. 2 Change Order No. 3 Add 12’ corrugated PE pipe 12" PE F.E.S. with trash guard LF EA 3,290.00 154 1 19.00 625.00 147.00 1.00 S2.0S2.00 LF (140)20.00 (140)(2.800.00) LF 643 8.40 643 5.401.20 LF 45 20.00 45 900.00 EA 1 1,900.00 1 1.900.00 SY 1.367 2.25 1,245 2.801.25 SY 33 15.50 $8,202.45 32.900.00 $32,900.00 LF 193 30.00 172 5,160.00 LF 55 75.00 84 6,300.00 EA 1 1,410.00 1 1.440.00 LF 2 100.00 5.20 520.00 EA 10 150.00 0 $13,420.00 EA 15 500.00 15 7,500.00 EA 3 1.440.00 3.00 4,320.00 LF 6 100.00 6.00 600.00 $12,420.00 EA 2 845.00 2 1.690.00 $1,690.00 2.793.00 625.00 IA139\l 39es\requ««t 10.«vt>2 r Delete 66 12" RCP in place LF 69 IS" RCP flared end in place with trash guard EA Total Change Order No. 3 Change Order No. 4 52 4 ’ diam. sump catch basin manhole EA 53 Catch basin manhole overdepth LP 54 Bituminous surfacing removal SY 55 Conunon excavation CY 63 Sawcut bituminous LF 67 IS" RCP in place LF 69 IS" RCP flared end in place w/ TC EA SO Clear and grub EA Total Change Order No. 4 Change Order No. 5 55 Common Excavation CY 56 Class S Aggregate Base (100% Crushed) TN Total Change Order No. S Change Order No. 6 111 Modular block retaining wall SF Total Change Order No. 6 Change Order No. 7 Class S aggregate base (100% crushed) TN Type 31 bicumiixMis base Course TN Type 41Abiutminous wear course TN Bituminous street patching SY Total Change Order No. 7 Change Order No. 8 111 Common Excavation - Add CY 76 Sod w/4" topsoil - Deduct SY Total Change Order No. 8 56 57 58 61 (154)22.00 (154.00) (I)900.00 (1) 4 1300.00 4 3 125.00 3 400 1.00 400 5.400 3.25 5,400 206 130 206 209 24.00 209 I 1 7 300.00 7 480 3.25 480 940 9.20 940 500 18.40 379 310 150 9.20 23.50 108 110 480 27.50 6.50 no 4.022 7.00 4.022 (8.800)2.25 8,800 (3.388.00) (900.00) (5870.00) 4.800.00 375.00 400.00 17.550.00 309.00 5.016.00 900.00 ZIOO.OO $31,450.00 1.560.00 8.648.00 $10,208.00 6.973.60 $6,973.60 993.60 3,025.00 $4,018.60 28.154.00 f19.800.00) $8354.00 Total Part 1 • Long Lake Sanitary Total Part 2 • Watennain Total Part 3 • Restoration 380303.40 24.658.00 288,757.15 I At 39M asaaVecuMt 10. Wb2 r Total Part 4 - Ice Arena Duplex Grinder Station Total Part 5 • Lift Station 6 Renovation Toul Part 6 • Lift Station 12 Modifications Total Part 7 • Forcemain Alignment Total Part 8 - Residental Submersible Grinder Stations Alternate No. 1 - MH 22 to MH 22A Total Change Order No. 1 Total Change Order No. 2 Total Change Order No. 3 Total Change Order No. 4 Total Change Order No. 5 Total Change Order No. 6 Toud Change Order No. 7 Total Change Order No. 8 Total Work Completed to Date 25.958.00 60.976.00 2.052.00 8.202.45 32.900.00 13.420.00 12.420.00 1.690.00 (870.00) 31.450.00 10.208.00 6.973.60 4.018.60 8 J54.00 $911,471.20 LAI 39M 3988\nqu«ft 10.wb2 r PROJECT PAYMENT STATUS Owner City of Orono Project No. 13988 File .No. 13988 Cootractor Barbarossa &. Sons CHANGE ORDERS 1 06/06/97 Additional trees and manholes as a result of easement ncj^oriarinn«12,420.00 06/10/97 Extend bypass pipinit in valve 1.690.00 3 06/18/97 Substitute comiKated polyethylene pipe for RCP storm sewer (737.00) 4 08/06/97 Construction of pondins area and installation of storm sewer 31.450.00 5 08/19/97 Additional Class S 10J08.00 6 10/08/97 Construction of modular block retaining wall 9.200.00 7 10/08/97 Regradinf; and paving 500* of Long Lake Boulevard 1Z322.00 8 02/18/98 Change Order No. 8 2S.I54.00 Total Chanee Orders $104,907.00 P AYMENT SUMMARY 1 Start 07/01/97 195.908.86 10.310.99 ^mpieiea 206.219.85 07/01/97 08/06/97 316.864.61 26.988.08 539.761.55 3 08/06/97 09/03/97 49.031.45 29,568.68 59U73.60 09/03/97 10/07/97 65.025.79 32.991.09 659.821.80 5 10/07/97 11/04/97 60.431.50 36.171.70 723.433.90 6 11/04/97 12/02/97 16.945.72 37.063.58 741.271.50 s 12/02/97 02/18/98 69.632.38 40.728.44 814J6S.75 s 02/18/98 03/02/98 26.746.30 42.136.14 842,722.75 9 03/02/98 07/07/98 15.111.13 42,931.46 858,679.20 10 07/07/98 08/19/98 50.199.90 45.573.56 911.471.20 Material on Hand Total Payment to Date $865,397.64 Original Contract $874,930.01 Recainage, Pavment No. 10 45.573.56 Change Orders 104.907.00 TetaJ .Amount Earned $911,471.20 Revised Contract $979,837.01 l:\i 3SM 3968Vrequesn Q.wb2 COUNCIL M££TiNO AUG 2 4 1998 REQUEST FOR COUNCIL ACTION CrrY OF ORONO DATE: August 24, 1998 ITEM NO.: ^ 0 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment #8, Bracketts Point/Bay Ridge Sanitary Sewer Project We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #8. Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $16,503.69 ■H Owner:City of Orono, P.O. Box 66, Crystal Bay. MN 55323 __________Au^st 19, 1998 For Period:July 7. 1998toAueust 19. 1998 Request No: 8 Contractor Barbarossa & Sons, P.O. Box 367, Osseo. MN 55356 No. Item 1 8" PVC, SDR 35, O’- 8' deep in place 2 S PVC, SDR 35,8'-10' deep in place 3 8" PVC, SDR 35,10*-12’ deep in place 4 8" PVC, SDR 35. 12 ’- 14’ deep in place 5 8 PVC, SDR 35,14’- 16’ deep in place 6 8" PVC, SDR 35,16’-18 ’ deep in place 7 8" PVC, SDR 26, 12 ’- 14’ deep in place 8 8" PVC, SDR 26,14’-16’ deep in place 9 8" PVC, SDR 26,16’-18 ’ deep in place 10 8" DIP, 8’-10’ deep in place 11 8" DIP, 14’-16’ deep in place 12 Std. MH8’dp.,4’dia., w/R1642Bcstg. 13 MH depth greater than 8’ deep 14 Force main access manhole 14A Outside drop 15 Directional bore 8" HDPE SDR 17 16 3" HDPE. SDR 11 17 Directional bore 3 ” HDPE SDR 11 18 Connect 3" HDPE to exist. MCES FM stub 19 Connect 3" HDPE into existing manhole 20 Lightweight aggregate 21 3" X 3" HDPE tec with cap 22 2" X 1-1/2" HDPE reducer 23 3" X 45 degree HDPE bend 24 8" X 4" PVC service wye branch 25 8" X 2" wye 26 4" PVC service pipe in place, SDR 26 27 4" PVC service riser pipe in place, SDR 26 28 4" HDPE service pipe directional bore 29 1-1/2 ” HDPE service pipe directional bore to Improved pipe fdn. in 6" increment depth U Mechanical trench compaction >2 Insulation '3 Sanitary sewer television inspection 4 Submersible Pump Lift Station 1 5 Submersible Pump Lift Sution 2 Total Part 1 - Sanitary Sewer Unit Contract Quantity Unit Quantity Price to Date 653 300 Amount to Date 25.513.00 16.352.00 40.821.00 19.754.00 1.925.00 2.736.00 360.00 5.550.00 6.460.00 1,000.00 216.00 25.500.00 3,680.50 2,000.00 1.230.00 18.096.00 35.440.00 4,416.00 3.000. 00 1.000. 00 30.300.00 60.00 780.00 13.060.00 7.200.00 3,000.00 2.144.00 220.00 39,200.00 39,200.00 $350,213.50 l:\139M3990\requesl6.wb2 1.50 4,000 6,000.00 3.50 808 2.828.00 9.00 1,746 15,714.00 28.50 599 17.071.50 29.00 588.7 17.072JO 1.25 2,687 3.358.75 1.20 .250 300.00 6.75 700 4.725.00 00.00 1.0 5.000.00 LF 783 24.00 691 16,584.00 LF 446 90.00 376 33,840.00 LF IIS 34.00 IIS 3,910.00 LF 5 35.00 5 175.00 LF 40 30.00 40 1.200.00 $55,709.00 LF -253 31.00 -253 (7,843.00) LF -783 20.00 -783 (15,660.00) LF -435 33.00 -435 (14,355.00) LF -26 36.00 -26 (936.00) PROJECT PAYMENT STATUS Owner City of Orono Project No. 13990 File No. 13990 Contractor Barbarossa & Sons CHANGE ORDERS No.Date Description Amount 1 08/19/97 Changes due to unstable soils encountered 55.538.00 2 3 Total Change Orders $55,538.00 PAYMENT SUMMARY No. Period Payment Retainaee Material on Hand l:\139\13990\requestS.wb2 Completed 1 Start 09/03/97 117.259.45 6.171.55 123,431.00 2 09/03/97 10/06/97 167.485.24 14.986.56 299,731.25 3 10/06/97 10/15/97 94.305.55 19,950.01 399,000.25 4 10/15/97 11/04/97 24.270.12 21,227.39 424,547.75 5 11/04/97 12/02/97 28.075.35 22.705.04 454.100.75 6 12/02/97 02/17/98 8.899.60 23.173.44 463,468.75 7 02/17/98 07/07/98 21.648.41 24,312.83 486,256.55 8 07/07/98 08/19/98 16.503.69 25,181.44 503,628.85 9 10 Total Payment to Date $478,447.41 Original Contract $523,740.00 Retainage. Payment No. 8 25,181.44 Change Orders 55.538.00 Total Amount Earned $503,628.85 Revised Contract $579,278.00 4 COUNCIL AIJG 2 ^ REQUEST FOR COUNCIL ACTION DATE: August 24, 1998 ITEM NO = Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment Heritage/Shoreline Sanitary Sewer Project We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #1, Heritage/Shoreline Sanitary Sewer Project to G.L, Contracting in the amount of $51,367.36 r m Bonestroo Rosene Anderfkt Asodate MnHntArtfttKB LlLfiiiiilBflitei Owner:City of Orono. PO Box 66. Crystal Bay. MN 55323-0066 Date: August 17.1998 For Period:July 29.1998 to August 17.1998 Request No: 1 Contractor:G.L. Contracting. Inc.. 4300 Willow Drive. Medina. MN 55340 REQUEST FOR PAYMENT EDGEWOOD HILLS/HERITAGE DRIVE SANITARY SEWER IMPROVEMENTS File No. 139-98-099 SUMMARY I Original Contract Amount Change Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously II AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 $ $ S $ $ $ $ S s s Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK Sc ASSOCIATES, INC. Approved by Contractor G.L. Contracting, Inc. Approved by Owner City of Orono Specified Contract Completion Date: t;M39M3999\PEQUEST.WB2 279.194.07 279.194.07 54.070.90 0.00 54.070.90 2.703.55 51.367.36 0.00 5U67.36 Date: r No.Item 1 8" PVC, SDR 35,8'-10' deep in place 2 8" PVC. SDR 35.10'-12' deep in place 3 8" PVC, SDR 35.12'-14' deep in place 4 8" PVC. SDR 35.14'. 16' deep in place 5 8" PVC, SDR 35,16'-18* deep in place 6 Connect 8" PVC to existing manhole 7 Std. MH 8* dp.. 4* dia.. w/R1642B cstg. 8 MH depth greater than 8* deep 9 Clean out manhole as per detail 10 DirecUonal bore 8** HOPE SDR 17 113" HDPE, SDR 11, trenched in place 12 Connect 3" HDPE to manhole as per detail 13 1-1/2” curb stop & box, installed as per detail 14 3" X 3" HDPE tee 15 3" X 1-1/2" HDPE reducer 16 1-1/2" HDPE. SDR 11 17 8" X 4" PVC or HDPE compatible service wye branch 18 4" PVC service pipe in place, SDR 26 19 4" PVC service riser pipe in place, SDR 26 20 Improved pipe fdn. in 6" increment depth 21 Mechanical trench compaction 22 Sanitary sewer television inspection 23 Traffic control Total Part 1 • Sanitary Sewer Part 2 - Restoration 24 Bituminous surfacing removal 25 Common excavation 26 Class 5 aggregate base (100% crushed) 27 Type 31 bituminous base course 28 Type 41 A bituminous wearing course 29 Geotextile fabric 30 Bituminous material for tack coat 31 Bituminous street patching 32 Clearing and grubbing LAI 39M 3999VREQUEST.WB2 Unit Contract Unit Quantity Amount Quantity Price to Date to Date LF 45 20.40 24 489.60 LF 680 22.20 600 13J20.00 LF 320 24.50 200 4,900.00 LF 230 27 JO 226 6,215.00 LF 300 31.40 EA 1 2,057.70 1 2,057.70 EA 9 1J52.40 4 6,209.60 LF 39 124.60 12 1,495.20 EA 1 1.867.40 LF 500 47 JO 105 4,987.50 LF 810 13.10 EA 1 523.00 LF 5 190 JO EA 5 55 JO EA 5 36.80 LF 200 10.70 EA 13 168.00 9 1,512.00 LF 480 I3J0 LF 170 13J0 LF 3,150 3.20 100 320.00 LF 2,250 0.10 1,050 105.00 LF 2,075 1.10 LS 0.75 2J51J0 41,611.60 SY 2,600 2.00 CY 700 7.80 TN 1,400 12.60 TN 230 35.80 TN 380 30 JO SY 1,700 1.40 • GL 50 2.20 SY 590 24.90 LS 0.90 13J24.00 0.90 11501.60 33 Bituminous driveway restoration 34 Concrete driveway restoration 35 Remove existing CMP culvert 36 Furnish and insull 15’ CMP culvert 37 15" CMP flared end 38 Sod with 4’ topsoil 39 Seed with topsoil, mulch and fertilizer 40 Erosion control fence 41 Furnish and plant Evergreen Tree (Blue Sprace) 6’ high 42 Furnish and plant shade tree (Sugar Maple) 4" diameter 43 Remove and transplant bushes 44 Remove and transi^ant tree • Desiduous 45 Remove and transplant tree - Coniferous Total Part 2 - Restwadon SY SF LF LF EA SY AC LF EA EA EA EA 1,200 600 40 40 2 14400 0.1 1400 6 6 6 6 14.10 7.40 10.30 21.00 13240 2.60 4,408.00 340 385.70 41340 82.70 385.70 385.70 169 557.70 12,459.30 Total Part 1 - Sanitary Sewer Total Part 2 - Restoration Total Work Completed to Date 41,611.60 12,459.30 54,070.90 IA139M 3999\REQUEST.WB2 PROJECT PAYMENT STATUS Owner CityofOrono Project No. 139-98-099 FUeNo. 139-98-099 Contractor G.L. Contracting, Inc. CHANGE ORDERS PAYMENT SUMMARY Period Materia] on Hand Total Payment to Date Retainage. Payment No Total Amount Earned S5U67.36 2.703.55 S54.070.90 Original Contract Change Orders Revised Contract S279.I94.07 S279.194.07 l:M 39M399flVtEQUEST.WB2 • ^ V COUNCIL MtSTiNQ REQUEST FOR COUNCIL ACTION AUG 2 4 1998 CiTYCFORONO Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: DATE: August 24, 1998 ITEM NO.: ^2. Agenda Section: Engineer's Report Item Description: Request for Advanced State Aid Funding for Femdale Road Project Completion of the Femdale Road project will require the receipt of advanced State Aid funding as the City currently does not have adequate funds available in this account. The State will advance funding to be repaid out of future years allocations. There is no interest charged as advance funding is obtained from reserves in the State Aid fund account held by MNDOT. The advance amount is limited to a maximum of $500,000. Orono’s annual allocation for state aid construction funds is approximately $255,000, so this advance will be repaid in two years. The resolution requesting advance funding must be approved by the City before any project plan reviews or approvals are completed by MNDOT. The actual request for receipt of these funds is submitted after the constmction contract is awarded COUNCIL ACTION REQUESTED: Motion to approve resolution requesting advanced State Aid funding for the Femdale Road project. • • RESOLUTION TO REQUEST ADVANCED STATE AID FUNDING WHEREAS, the City of Orono is planning on implementing Municipal State Aid Street Project(s) in 1998/1999 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Orono in an amount up to $500,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b, and to authorize repayments from the follo^g year's accruals to the Construction Account of the Mumcipal State Aid Street fund for said City. August, 1998. Adopted by the City Council of the City of Orono, Minnesota on the 24th day of ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator ’s Title City Administrator Report Item Description: Designation of MCWD Liaison 'iTilll » •JiTiFi rtinurc ms rtp.uft rtcty*Offtllpl r«ri«nrir!4 •iivt LtifitjiM civii w 9im iniii] A1 Ackermann Denise Aasen Vemice Berg Norma Jean Dickey Martha Diesen Barbara Ericson Inez Gantz Carol Frommelt Susan Jellison John Larson Lee Lathrop Ralph Miller Phyllis O’Malley Julie Sherf Elaine Slechta Pat Spilseth Mary Stinson Marilyn Thome Bill Toward Helen Toward Wes Wolverton August 24.TW8.'’'' of Orono, Minnesota.at a regular meeting held ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk COUNCIL MESTiNQREQUEST FOR COUNCIL ACTION AUG 2 4 1998 Cm^CFORONO DATE: August 20, 1998 ITEM NO; Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: hem DescripHon: Provision of Assessment Services to the City by Hennepin County Agenda Section: City Administrator’s Report The City Council, at its joint work session with the Shorewood Citv Council HicmccpH tu HeZZT' r"”tS -X ie C0»^^ *e Cirv^rirT“‘ "> '«<> agreement The rl^ T 'u “ ‘h' Comly for the provision of assessment services’ n y Assessor has indicated that an initial two year agreement is acceptable to the County.’ Igrms of Aareement Avj^h Hennepin rni.pty ^fon^vs!'™' of “^«^"<ont services by Hennepin County are I?mii 1 vvo years with four year renewals. fr^nnT"f $90,000 per year. The actual cost will change based on the amount of new construction in the City. ^ Aiditionakp,sts. The agreement requires the City to provide the following* 1. Office furniture (chairs and work surfaces) for two staff. property data 3. Two telephone^. 4. Hie cabinets fora!! property files (5 lateral files and 3 vertical files) Office space for two ‘taffiand files. 6. Clerical support, mostly in relation to reception-type duties. Contract Tangq^g^ gflSt-SharinP with the rity of Shnrf.vvnnH Because a sipificant portion of the additional costs listed above are related to the Citv of fecSets^dr “‘heon“time cl of P nd the on-going costs related to office space and clerical staff COUNCIL ACTION REQUESTED: ‘^PP''®'"® entering into a two year agreement with Hennepin Countv for the nrovision of REQUEST FOR COUNCIL ACTION COUNCIL MEETINQ AUG 2 4 1998 i.iiv DATE: August 20, 1998 ITEM NO: ^ Department Approval: Name Ron Moorse Title City Administrafor Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Planning Commission Request for a Joint Work Session to Review Proposed Revisions to the Industrial Zoning District Code Attachments:Letter from Steven C. White of VCI Capital Memo from Ron Moorse to the Planning Commission Proposed Industrial Ordinance Revisions Background The City Council at its July 27 meeting, reviewed a draft Light Industrial Zone Ordinance and heard concerns expressed by a property owner in the City’s industrial zone regarding the potential impact of the draft ordinance on his ability to use the property. The Council then directed that, rather than move ahead with the draft Light Industrial Zone Ordinance, staff should work with the property owners in the industrial zone to remove the most objectionable uses from the City's current IndustrieJ Zoning Code and retain the remainder of the current Code. The current Industrial Zoning District Code, with proposed changes per the Council's direction, is attached along with a memo responding to concerns of the property owners and providing staffs reasoning behind the changes. Planning Commission Public Hearing A public hearing was held at the August 17 Planning Cormission meeting regarding the proposed ordinance revisions. The owners of the three propertic:. in the industrial zone have all indicated concerns regarding the proposed ordinance revisions. The general concern expressed is that they do not want any changes that would limit their potential use of the property in any way. Summary of Revisions Staff has discussed the Zoning Code revisions with the property owners in the industrial area, and has minimized the changes to the Zoning Code based on those discussions. The specific permitted uses proposed to be eliminated from the industrial zone are as follows: 1. Bakeries, commercial. 2. Bus, truck and contractors terminals and maintenance yards. 3. Lumber yards and millworks. 4. Processing related to cork products. 5. Engraving. 6. Laundries, commercial. r Request for Council Action continued Page 2 Sg CoZssion Recues. for_a Join. Work Session .0 Review Proposed Revisions .o d.e Industrial Zoning District Code___________________________ ~ Uses proposed .0 be elimina.ed from .he list of conditional uses are as follows: Farm equipment, sales, repair and storage.1. 2. 3. 4. 5. Heliports. Motor fuel stations. Open sales lots. ^ . ..u Railroad switch yards, team tracks or freight houses. rfa=trrsi« screened. mint Work flfSHion 'Villl <he Plunninr „p,^ssed concern *a. .he proposed The Planning Commission, particularly -omprehensive ordinance amendment wolTtovTdeXtrsolutiT. ^e i “ulTSet "l^Tcouncil irw-uo schedule ajoln. work session wid, dte Planning Commission at this time to discuss the Zoning Code revisions. “E^o"euLt'^ST.i^^:or“^ moratorium should be extended. COUNCIL ACTION REQUESTED: Motion to set a date and time for a join, work session with the Planning Commission to discuss the proposed revisions to the Industrial Zoning Code. hUij-r 13-1 1 : 04 "'II 'IhPIThL P.02 O' VC! capitalw August 12, 1998 Mr. Ronald Moorse City of Orono 2750 Kell«y Parkway Orono, MN 55356 vci Cttpital. inc. r*.0. Eo\ irr^Lun;* Ldkt!. (6U> ;7i Dear Mr. Moorse: Thank you for your letter of July 29. Per your wishes I am writing to ^ve you our thoughts and comments regarding the proposed ordinance changes. If you have any thoughts or questions on this please feel free to give me a call. I am only commenting below on the items which appear would have substantial economic ia^pivt on our property. The rest of the proposed changes I think we can readily agree In the council meeting on the 27*** there was some discussion about grandfathering v\ith regard to new ordinances. I tliink that would still be a concern One way to address that may be to change Subd. 2 to read “Within any'T’ District, no new structure or new land use shall be used except for one or more of the following uses." With regard to the wording changes within the ordinance describing approved uses etc. these are our thoughts: Wc do not understand the reason for eliminating “Bicycles and toys” or “Paper products”. We do not know that we will have a prospective tenant interested in those activities but WC would prefer to leave them open unless there is a reason that wc are unaware of that makes them objeaionabic. Warehousing is specifically deleted as an accepted use. This is something that we feel would be very detrimental to us, as the best use for our buildings, aside ft jm heavy' manufacturing, is warehousing. Eliminating this use would definitely be a hardship for us. Also, our building would not meet the requirement of 20% minimum office space for an officc%arehouse use. I do not believe it would even meet the 10% requirement of conditional use. AUG-13-1 9?3 13^04 "•:i chf-ithl P.03 03 On item 21 oFSubd. 2,1 would like to suggest that metal be added to that list. Many produas arc obviously made of metal and that substance is absent. Under conditional uses, outside storage has been deleted We would tike to see it remain as a conditional use since that will allow the city to review H on a case by case basis. Also, most manufacturing operations will need some outside storage for transient storage of in- mtory and raw material etc.. I would suggest that the old language regarding screening in section I be left in Some outside storage, particularly when appropriately screened, should not be offensive. Subd. 4 section B makes reference to excluding distribution centers. I believe our current tenant. Drop Ship Express, may qualify as a distribution center. Perhaps you can explain to me what is objectionable about a distribution center. I don’t believe Drop Ship is found to be objectionable. In section C you propose to change the lot coverage maximum from 45% to 35%. We would prefer to see the 45% remain in place and feel that a requirement leaving 55% of our land vacant should be sufficient. Would not the combination of denying outside storage and reducing the lot coverage by 10% equate to essentially taking 10% of our land? We are nowhere near a 45% coverage right now and do not foresee that we would be. We do however, object to anything that in essence takes land or property away from us. In general form those arc my comments. I believe that for the most part we can agree with the proposed changes and try to work with the city and it’s desires without undue hardship if we can explore the changes I have suggested. I look forward to discussing this with you. Sincerely, Steven C. White VCI Capital TuThL P . 0 -• TO;Planning Commission FROM: Ron Moorse, City Administrator DATE;August 17, 1998 SUBJECT: Response to Concerns Expressed by Property Owners Regarding the Revised Industrial Zoning District Ordinance 1. 2. 3. 4. 5. 6. 7. SuM. 2, Paragraph A - Restrictions regarding noise, vibration, etc. These can be eliminated and replaced with language referring to MPCA standards. Staffs concern here is that the City avoids a new use in the industrial zone that would create noise, vibration, odor etc that would not be compatible with the residential neighborhood to the south, the residentially zoned property to the west, and the property planned for office development to the north. Bicycles and toys and paper products have been added back to the list of permined uses. Definition of distribution center. The property owners have asked for a definition of distribution center". The definition is as follows: "A use greater than 50,000 square feet in area in which typically large volumes of commodities are received and organized for transport prior to final dispersal to the consumer." Staffs concern here is to avoid a use that generates a high volume of truck traffic. Definition of wholesale showToom. The current code allows wholesaling as a permitted use. The listing of wholesale showroom as a permitted use provides for a showroom area to display products to w holesale customers. Warehousing. Warehousing has been added back to the list of permitted uses. Staffs concern is not related to the existing building being used for warehousing but rather staff would prefer that new development in the industrial zone involve other types of uses. Lot coverage. Retain the 45% lot coverage maximum vs. the reduction to 35%, Outside storage. The existing industrial zoning code allows outside storage with a conditional use permit. The proposed revised ordinance continues to allow outside storage mS/ ^ permit, but limits the area of outside storage to an amount equal to lO/o of the floor area of the structure on the property. The revi.sed code also requires the outside storage to be completely screened rather than partially screened as called for by the existinc code. ' ^w Stall understands that industrial activities require some amount of storage of supplies, materials and inventor>'. It is less expensive and sometimes more convenient to store these Items outside. However, staff has two concerns in this area. First, unlimited outside storage could result in properties in the area having very large areas used for outside storage. Secondly, properties in the area front on Highway 12 and Old Crystal Bay Road. Outside storage that is not completely screened could have a substantial negative impact on the appearance of the area. Staff strongly recommends retaining the proposed language related to outside storage. § 10.50 SEC. 10.50.I INDUSTRIAL DISTRICT. ► Subd. 1 . Application. All applications for a building permit in any "I" Industrial District shall be reviewed by the Council and may be referred to the Planning Commission for review. Subd. 2. Permitted Uses. Within any "I" District, no structure or land shall be used except for one or more of the following uses: A. Processing, Etc. Conducting a process, fabrication, storage, manufacturing or wholesaling operation or providing of a service as listed hereafter: 1 . Apparel. 2. Artificial limbs. Automobile and truck painting, major repair, body and fender work, upholstering, tire rceapping and sales when within a completely enclosed building. The storage of automobiles or trucks in process of repair shall be within an enclosed building a fenced area. Open sales lots shall be subject to a cond itional use permit. 4;------Bake ry, eommere iaH &: du Bicycles and toys. 6:5* Boats and marine products. ------Bus, truck and contractor’s terminals and maintenance yard s: 8:4, Cabinet and carpentry shops, lumber yards and millworks; electrical, plumbing, heating, air conditioning shop. 9 tL Camera and photography. Canvas and cloth products. 44t2^ Ceramic and cloth products. 42t10. Ceramic products. +8:-----Co rk products: 44t1 1. Drugs, cosmetics, pharmaceutical and toiletries. +8t12. Electric motors, generators, electric products. ■l-6rl3. Engraving and p£rinting. 4^14. Ice and cold storage plants, bottling works. 48:-----Laund ries, comme retalr 49:15. Machine shops. 20:16. Metal polishing and plating. 24t17. Musical instruments. 22:18. Novelties. 19. Offices related to other allowed or conditional uses (limited to fifty (50) percent of the principal structured 1 r § 10.50 20. OfTice/warehouse excluding explosives and hn7ardous waste, and excluding distnbution centers: with a minimum of 20% of the floor area devoted to office use. 2^21. Paper products. 24r22. Pharmaceutical products. 25t23. Products made of glass, cellophane, leather, plastic, wood. 26r24. Shoes and footwear. 22t25. Sporting equipment. 2ftr26. Television, radio and appliances. 29 t27. Tools, hardware and small metal products. 20:28. Warehousin g, excluding explosives and hayardnus wastes, and excluding distribution centers. 29. Wholesale showroom. Subd. 3.Conditional Uses. A. Within any "I" District, no structure or land shall be used for one or more of the following uses except by conditional use permit: 1.Accessory structures. Farm equipment sales, repair and storage. 2r 4r Heliports os an acec9 9 o r;‘-u9 e-fef that pro perty. Moto r fitel station s.- Sz------open sales lot s.- €tZl Outside storage. The area of outside storage mav not exceed an amount equal to 10% of the floor area of the structurefs) on the property. 2* Office/warehouse excluding explosives and haTardous materials, and excluding distribution centers: with a minimum of 10% of the floor area devoted to office use. Public service structures. ft------Railroad switch yards, team tracks o r freight hous es. Research laboratories. 4ft6* Residence necessary for security and safety in relation to a permitted use or conditional use. ■HtL Restaurants (Class I) which are located in and mainly servicing the personnel employed in that structure. 42tL Planned Industrial District as regulated by Section 10.51. Source: Ordinance No. 172 Effective Date: 1-1-75 B:------Antenna- Stiueturc.- One independent antenna stnictiire, w ith antenna o r combination of -antenna attached thereto, subo rdinate to and sen ieing the principal use or structure on the same lot and customarily incidental thereto that i-3 not attached to anothe r structure r § 10.50 atnicturc docj not c?ceeed 65 feet and the amuina atructuiL its-aet tfUCtUfC. Source: Ordinance No. 177 Effective Date: 6-5-75 Shan ba permut'd“otssory ufer^"^ A. Any accessory use as regulated in the "B-1 ’"- District. Subd. 5. Area, Height, Setback and Design Requirements. A. Lot Area. The minimum lot size shall be two acres. . . .... Area. Each individual building shall have a gross floor area envertd b area of any lot, tract or parcel ofland more than three acres in size may be covered by buildings or other structures; eiicept that vrlicii the total building floor area on u jiic is contained vuthin a single building, and »hen the total men used foi load ing tcrmiiiolj. da cka and -^n^l-‘" lT.‘u~J ’’ ‘’“''■‘“’a. a lot eoveroge of nut more titan 6001 , in height except as provided in"lfclTojT“" "*■“' E- Building Setback and Yards. ■jce,c u • L 1' Setbacks. All buildings and structures must be set back least 75 feet from the nght-of-vvay of any highway or street which has been designated as limited access, freeway or expressway; and 50 feet from those designated as thoroughfares, collectors min. • - “““ ■" • rsrf *■ c.“ hrre.r w!; I b “'r- l-y ^“Ch code, and nronenv I °P'!l'"8s. buildings Or siruclurcs may be constructed to within 10 feet of a rear property line. No building or structure shall be erected any closer to a side properly line than a r § 10.50 distance equal to one and one-half times the average building height. Where the district abuts or adjoins an "R" District, the side or rear yard abutting such residential district shall be not less than 100 feet. F. Building Design and Construction. The addition to other restrictions of this Chapter, the use, construction, alteration or enlargements to any building or structure within the district shall meet the following standards: 1. All exterior wall finishes on any building shall be: (a) Face brick; or, (b) Natural stone, or, (c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or te.xture; or, (d) Factory fabricated and finished metal framed panel construction, if the panel materials be of any of those noted in Items (a), (b) and (c) above, 2i glass, prefinished metal (other than unpainted galvanized iron) or plastic; provided that metal, plastic nr a combination of these materials shall not comprise more than 25% of a building’s exterior finish: rfany woH-of the building or stnicturc faecs a street orobuts on "R” District, then that wall shall have at least one third of its surface of materials other than prcfinishcd metal and the remaining walla shall hav e at least onc*fifth of-their surfaces of materials other than prefinished metal; or, (e) Other materials as may be approved by the Council. Combinations of such materials shall be permitted. 2. All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance, subject to meeting the requirements of Subd. 5. f. 1. 3. No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. G. Off-Street Parking. In addition to other restrictions of this Chapter, off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors and employees shall be provided on the premises of each use. Parking areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material and shall be properly drained and landscaped, and shall be maintained in a- sightly and well-kept condition. No parking area shall occupy any required setback except on lots, tracts, or parcels having two or more street frontages. On lots, tracts, or parcels having two or more street frontages, 50% of the required setback from one of the streets, designated as a thoroughfare, collector, minor, or secondary street and not adjoining a residential district, may be occupied for parking purposes only; provided, however, that parking shall not be located w ithin the required setback area in front of the building. No parking shall be located closer than ten feet to a side or rear lot line, nor closer than ten feet to any building. Each § 10.50 parking space shall have a minimum width of nine feet and a minimum depth of twenty feet exclusive of aisles and maneuvering space. All parking areas containing more than six spaces which face either a public street or residentially zoned property shall have a solid wall or fence of not less than four feet nor more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved by the Council may be substituted for the required wall or fenee. H. Loading Facilities. In addition to other restrictions of this Chapter, all loading or unloading into or out of trucks in excess of three-fourths ton eapacity or railroad ears, shall be conducted at facilities specifically designed and designated for that purpose. Those facilities, hereby designated as "loading facilities", shall be subject to the following regulations: 1. Amount Required. Loading facilities of sufficient number to provide for the requirements of each use shall be provided on the premises of each principal and accessory use. The exact number required will depend on the nature of the principal and accessory use and the type of transport service used, but in no event shall there be less than one truck transport loading facility for each 50,000 square feet of building floor area or major fraction thereof. 2. Design. A loading facility includes the dock to or from which the transport vehicle is being unloaded or loaded and the berth for the vehicle while it is being loaded or unloaded, and the maneuvering areas needed to maneuver the vehicle into or out of its berth. All docks shall be located within the perimeter of the building housing the principal or accessory use and they shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing in the berth. All berths shall be screened from view from the property's street frontages by a solid wall of not less than ten feet in height. Such walls shall be so designed that they are architecturally harmonious with the principal structure on the lot. At least one and not less than 50% of the required number of truck transport loading berths shall be not less than 50 feet in length, 14 feet in width and 15 feet in height. All truck transport berths and maneuvering areas shall be surfaced with a hard, all-weather, durable, dust-free surfacing material properly drained and maintained in a sightly and well-kept condition. 3. Location. Loading berths shall not be located on a street frontage unless located within the perimeter of the building housing the principal or accessory use. Where located on a street frontage, they shall be completely enclosed. No berth shall be located within the required side or rear yards. All berths shall be physically separated from areas used for off-street parking e.xcept for connecting driveways or aisles. No maneuvering area shall be located within ten feet of a side or rear property line. I. Storage. In addition to other restrictions of this Chapter, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; of. if outside storage is allowed bv conditional use permit, it must be completely screened bv a fence or wall of materials compatible with the character reflected in Paragraph F. Building Design and Construction, as approved bv the Citv: or shall bo screened by § 10.50 a fence or wall not lesa than five feet in height ond-not less than S09(i opaque; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-fourths ton capacity may be stored within the permitted parking areas. J. Landscaping. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Council at the time the building permit was issued. It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well-kept condition. All vacant lots, tracts or parcels shall also be properly maintained. K. Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion, or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant in such detail as required by the Council and those plans shall be reviewed by the City Engineer before submission to the Planning Commission and Council for approval. Such runoff may be required to be properly channeled into a natural water course, ponding area, storm drain or other public facilities. Any change in grade affecting water runoff whether onto adjacent property or otherwise must be in compliance with the Surface Water Management Plan and shall be consistent with other applicable regulations or City Code provisions and subject to the approval of other agencies having jurisdiction over the area affected by the drainage. Source: Ordinance No. 172 Effective Date: 1-1-75 X \APPS WPWrN6aVkTDOCS^l rvXFSO-OWK*ODEl050 X£S RlilRItaiM ilira ron k.liiTtll lira n»niTiifg HiK us THIS IS ,\the BIKE \ that 4)3- /y?- 32.17 - / FRAME Tig welded Alumituim or Oomoly, Block Of Wh''{ SHIFTERS 24-SPEED Ropid Fire or Grip Shift GEL SADDLE 2S BRAKES Shimono Deore IX VBroke System V\ > SHIMANO EQUIPPED O LX front end Reor Deroil'eur 0 IX (rank Set ond Bottom Brocket © LX Si'ent Hub ond Cossette SHOCKS RST or Reck Sbox 1/ WHEELS Sun Rhyno or Spin (ompoiite nKniEniiBwi AVAILABLE FOR IMMEDIATE DELIVERY Rack XickstonJ Woter Bottles Toe flips Bor Ends INCLUDED Smith&^A^sson A Whcle New Speed ol Smltli K Wesson Call For the Dealer Nearest You 21 Oe Roosevelt Avenue • Springfield, MA 01102-2203 • 1-800-331-08S2, exi. 512 • FAX 1-4I3-747-321/ • Visit Us At: WWW.Sfflifh-weSSCn.COm CIrcte 14 on Reacter Service Caret r COUNCIL MEETING AUG 2 4 PJ^QUEST FOR COUNCIL ACTION •^1' onONO DATE: August 20, 1998 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name Lin Vce L Licenses Title City Clerk M Item Description: List of Licenses for Cduncil Approval CLUB FIREARM USE PERMIT Annual Permit for: Park Gun Club 3600 Sixth Avenue North COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. ? 1 application for firearm use permit ^886.1(34) CITZ OF ORONO DATE: APPLICANT'S NA V APPLICANT'S ADDRESS:,lh . PROPERTY OWNER'S NAME: ii Cl^Zip PROPERTir OWNER'S ADDRESS: /j^0 /'Jx-jSHU! DESCRIPTION OF PROPERTY: ^ /'/Pn A TYPE OF PERMIT: $25.00 A-S^iUAL $10.00 OCCASIONAL (Club Only) (15 to 120 Dai^ DATE STARTING: PURPOSE: $25,00 GAME ANIMALS (Limited Use) DATE ENDING:\Al/i.r 3 1 JW RESTRICTIONS: I agree that this permit doesn't allow the hunting of game birds animals in the City of Orono unless specifically stated o? and agree to abide by all applicable federal,state and local laws. Fee Paid: Date: ^gnatu^ of Applicant ^ RECOMMENDED:YES Check: Ji*73V5" NO Cash:Safety DirectorPublic Safety Initials: APPROVED:.^nixEs REMARKS:City Admitfistrator J 10 Aug 1998 Mon 7:53 AM Check Number Employee Name Check Number 044759 044759 PETERSON, BARBARA A. Totals Check Number 044759 Check Register City of Orono Check Number 044760 044760 MvDORSE RONALD J. Totals Check Number 044760 Check Number 044761 044761 FLINT, RICHARD Totals Check Number 044761 Check Number 044762 044762 GOETTEN, J. EIANN Totals Check Number 044762 Check Number 044763 044763 JABBOUR, GABRIEL E. Totals Check Number 044763 Check Number 044764 044764 KELLEY, CHARLES Totals Check Number 044764 Check Date 10-Aug-96 lO-Aug-98 XO-Aug-98 10-Aug-98 lO-Aug-98 lO-Aug-98 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 269.36 269.36 323.22 323.22 269.36 269.36 COUNCIL MEETiNQ AUG 2 4 1998 Grand Total 1,5BS.36 r II Aug 1998 7ue 10:19 AM Check Register City of Orono Check Number Employee Name Check Number 044766 044766 JOHNSON. MARY A!W Totals Check Number 044766 Check Number 044767 044767 GEMAR. JAMIE L. Totals Check Number 044767 Check Number 044768 044768 HASEMAN. CAROLE A. Totals Check Number 044768 Check Number 044769 044769 MOORSE, RONALD J. Totals Check Number 044769 Check Number 044770 044770 VEE. LINDA S. Totals Check Number 044770 Ch^rk Number 044771 044771 KUEHN. THOMAS M. Totals Check Number 044771 Check Number 044772 044772 OLSON. RONALD J. Totals Check Number 044772 Check Number 044773 044773 PETTIT. SANDRA K. Totals Check Number 044773 Check Number 044774 044774 ANDERSON. BRUCE L. Totals Check Number 044774 Check Date 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 Page 1 Check Amount 581.68 581.68 470.03 470.03 747.57 747.57 1.470.03 1.470.03 1.005.40 1.005.40 950.79 950.79 14.96 14.96 778.83 778 83 657.90 657.90 L 11 Aug 1998 Tue 10:19 AM Check Register City of Orono Check Number Employee Name Check Number 044775 044775 BOBZIEN, SUE A. Totals Check Number 044775 Check Number 044776 044776 BORIS, SCOTT W. Totals Check Number 044776 Check Number 044777 044777 CARLSON, MICHAEL B. Totals Check Number 044777 Check Number 044778 044778 CHESWICK, GARY B. Totals Check Number 044778 Check Number 044779 044779 CORNICK, JAMES L. Totals Check Number 044779 Check Number 044780 044780 DEMBOUSKI, JAY C. Totals Check Number 044780 Check Number 044781 044781 ERICKSON, KURT R Totals Check Number 044781 Check Number 044782 044782 FARNIOK, CORREY L. Totals Check Number 044782 Check Number 044783 044783 FI3CHENICH, DAN T. Totals Check Number 044783 Check Number 044784 Check Date 12-Aug-90 12-Aug-98 12-Aug-98 12-Aug-90 12-Aug-90 12-Aug-98 12-Aug-98 12-Aug-90 12-Aug-90 Page 2 Check Amc nt 636.38 636.j0 969.55 969.55 202.55 202.55 1,609.12 1,609.12 1.010.09 1.810.09 1,162.14 1,162.14 1,283.56 1,283.56 1,173.67 1,173.67 1,316.86 1,316.86 11 Aug 1996 Tue 10:19 AM Check Register City of Orono Check Number Employee Name Check Number 044784 044784 FISCHER, CHRISTOPHER K. Totals Check Number 044784 Check Number 044785 044785 HANSING, CAROL J. Totals Check Number 044785 Check Number 044786 044786 JOHNSON, BRADLEY P. Totals Check Number 044786 Check Number 044787 044787 KNOLLENBERG, KRISTIN L, Totals Check Number 044767 Check Number 044788 044788 MCNALLY, STEVEN A. Totals Check Number 044788 Check Number 044789 044789 MCNICHOLS, DAVID L. Totals Check Number 044799 Check Number 044790 044790 MOROWCZYNSKI, JAMES Totals Check Number O44790 Check Number 044791 044791 PERSELL, WILLIAM R. Totals Check Number 044791 Check Number 044792 044792 SCHOENHOFF, JOHN B. Totals Check Number 044792 Check Number O44793 Check Date 12-Aug-90 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-90 12-Aug-90 12-Aug-98 12-Aug-90 12-Aug-90 Check Amount 706.51 706.51 332.61 332.61 987.07 907.07 710.55 710.55 1«018.63 1,018.63 717.89 717.89 1,627.64 1,627.64 444.93 444.93 1,460.00 1,460.00 Page 3 r XI Aug 1998 Tue 10:19 AM Check Number Employee Name Check Register City of Orono Check Date Page 4 Check Amount Check Number 044793 044793 TOMCHECK, LAWRENCE F. Totals Check Number 044793 Check Number 044794 044794 TOMCZYK, MARK W. Totals Check Number 044794 Check Number 044795 044795 FOLEY, PATRICK B. Totals Check Number 044795 Check Number 044796 044796 JOHNSON. JEFFREY D. Totals Check Number 044796 Chick Number 044797 044797 WITTKE. ANTHONY A. Totals Check Number 044797 Check Number 044798 044798 GAFFRON. MICHAEL P. Totals Check Number 044790 Check Number 044799 044799 GAPPA. GREGORY A. Totals Check Number 044799 Check Number 044800 044800 OMAN. LYLE E. Totals Check Number 044800 Check Number 04480) 044801 VAN 20MEREN. ELIZABETH Totals Check Number 044001 Check NunOoer 044 0 02 12-Aug-98 12-Aug-90 12-Aug-90 12-Aug-90 12-Aug-98 12-Aug-90 12-Aug-90 12-Aug-98 12-Aug-98 362.60 362.60 1.235.37 1.235.37 60.21 60.21 595.31 595.31 193.36 193.36 1.117.41 1.117.41 1.424.26 1.424.26 122.15 122.15 1.162.53 1.162.53 U Aug 1998 Tue 10:19 AM Check Nunber Employee Name Check Number 044602 044002 VANG, BRUCE L. Totals Check Number 044602 Check Number 044803 044003 WECKMAN, STEPHEN J. Totals Check Number 044803 Check Number 044804 044604 WEINBERGER, PAUL E. Totals Check Number 044804 Check Number 0448OS 044805 BRINKHAUS, JOHN F. Totals Check Number 044805 Check Number 044806 044806 DEBAERE, DONALD L. Totals Check Number 044806 Check Number 044807 044807 GREGORY, JAMES D. Totals Check Number 044807 Check Number 044808 Check Register City of Orono Page 5 Check Date 12-Aug-90 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug>98 12-Aug-90 Check Amount 976.33 976.33 29.68 29.68 763.63 763.63 1,055.63 1,055.63 956.93 956.93 607.05 607.05 044000 HANSEN, STEVEN C. Totals Check Number 044808 Check Number 044809 044809 OBERAIGNER, SCOTT G. Totals Check Number 044809 Check Number 044810 044810 OBRIEN, RANDY L. Totals Check Number 044810 12-Aug-98 12-Aug-98 12-.\ag-90 708.06 708.06 603.67 603.67 611.56 611.58 Check Number 044811 r ’ II Aug 199d Tue 10:19 AM Check Register City of Orono Check Number Employee Name Check Number 044811 044811 PALMER, GREGORY A. Totals Check Number 044811 Check Number 044812 044812 RATHBUN, BARRY J. Totals Check Number 044812 Check Number 044813 044813 3RREEN, DALE S. Totals Check Number 044813 Check Number 044814 044814 ALLEN, MICHAEL J. Totals Check Number 044814 Check Number 044815 044815 BLAIR, JANIS A. Totals Chkick Number 044 815 Check Number 044816 044816 DELANEY, JANE Totals Check Number 044816 Check Number 044817 044817 DOCKEN, THOMAS W. Totals Check Number 044817 Check Number 044818 044818 MCINTYRE, WILLIAM E. Totals Check Number 044819 Check Number 044819 044819 OAS, DANIEL 0. Totals Check Number 044819 Check Number 044820 Check Date 12-Aug-99 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-98 12-Aug-99 Page 6 Check Amount 918.28 918.28 1,004.43 1,004.43 625.85 625.85 175.55 175.55 44.61 44.61 35.50 .50 475.59 475.59 ^89.99 289.99 170.64 170.64 f 4 ! ! r 11 Aug 1998 Tue 10:19 AM Check Nuifiber Employee Name Check Kuriser 044820 044820 PETERSON, JACK N. Totals Check Number 044820 Check Regisier City of Orono Page 7 Check Date 12-Aug-98 Check Amount 297.53 297.53 Check Number 044821 044821 ROSS, JOHN A. Totals Check Number 044821 12-Aug-98 137.69 137.69 Check Number 044822 044822 STEFFENHAGEN, RONALD E. Totals Check Number 044822 12-Aug-98 1.054.36 1.054.36 Check Number 044823 044823 YEAGER. DONALD C. Totals Check Number 044823 12-Aug>98 192.90 192.90 Grand Total 42.935.62 r 11 Aug 1998 Tue 1:50 Prt Check Number Check Number 56934 Check Register City of Orono Date Name 56934 CITY COUNTY CREDIT UNION 12-Aug-98 CITY COUNTY CREDIT UNION Totals Check Number 56934 CITY COUNTY CREDIT UNION Check Number 56935 56935 56935 56935 FIRST NATIONAL BANK OF LAKES 12-Aug-90 12-Aug-98 12-Aug-98 Totals ChecK Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 56935 FIRST NATIONAL BANK OF LAKES Check Number 56936 56936 GREAT WEST LIFE ASSURANCE CO 12-Aug-98 Totals Check Number GREAT WEST LIFE ASSURANCE CO. 56936 GREAT WEST LIFE ASSURANCE CO. Check Number 56937 56937 HENNEPIN CO. SUPPORT & COLL 12-Aug-98 Totals Check Number HENNEPIN CO. SUPPORT & COLL 56937 HENNEPIN CO. SUPPORT & COLL Check Number 56938 56938 HENNEPIN COUNTY SUPPORT k s-OLL 12-Aug-98 Totals Check Number HENNEPIN COUNTY SUPPORT k COLL 56938 HENNEPIN COUNTY SUPPORT k COLL Check Number 56939 56939 ICMA RETIREMENT TRUST - 457 12-Aug-98 Totals Check Number ICMA RETIREMENT TRUST - 457 56939 ICMA PETIREK-NT TRUST - 457 Check Number 56940 56940 LAW ENFORCMENT LABOR SERVICE l2-Aug-98 Totals Check Number LAW ENFORCMENT LABOR SERVICE 56940 LAW ENFORCMENT LABOR SERVICE Check ‘*aiT\ber 56941 56941 MN DEPT OF RF/ENUE 12-Aug-90 Totals Check Number MN DEPT OF REVENUE 56941 MN DEPT OF REVENUE Check Nunu i. 56942 56942 MN MUTUAL LIFE 12-AU9-98 Totals Check Number MN MUTU;»L LIFE 56942 MN MUTUAL LIFE Transaction Amount 7,369.00 7,369.00 3,580.65 3,580.65 8.203.75 15,365.05 950.68 950.68 0.00 0.00 179.51 179.51 225.00 225.00 0.00 0.00 3,540.27 3,540.27 745.30 745.30 Page i Comments SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA,KEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON iC0266780 SKREEN #0010755723 DEFERRED COMP W/H UNION DUES WH STATE TAX W/H DEFERRED COMP W/H 11 Aug 199b Tuc 1:50 PM Check Number Check Number Check Number 5o943 Check Register City of Orono Date Name 56942 MN MUTUAL LIFE 56943 MN STATE RETIREMENT-DEF COMP 12-Aug-98 Totals Check Number KN STATE RETIREMENT-DEF COMP 56943 MN STATE RETIREMENT-DEF CCMP Check Number 56944 56944 PEBSCO/OBRA 12-Aug-90 Totals Check Number PEBSCO/OBRA 56944 PEBSCO/OBRA Check Number 56945 56945 PEBSCO/US CONF OF MAYORS 12-Aug-98 Totals Check Number PEBSCO/US CONF OF MAYORS 56945 PEBSCO/US CONF OF MAYORS Check Number 56946 56946 56946 PERA 12-Aug-90 12-Aug-98 Totals Check Number PERA PERA 56946 PERA Check Number 56947 56947 UNITED WAY 12-Aug-98 Totals Check Number UNITED WAY 56947 UNITED WAY Grand Total Transaction Amount 227.00 227.00 290.19 290.19 2,121.90 2,121.90 4 524.60 5,934.68 10,459.28 30.00 30.00 41,503.18 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H 21 Aug 1998 rrl 1:11 PM Check Number Check Number S6949 Date Name 56949 A.T.O.M. 24-Aug-98 A.T.O.M Totals Check Number 56949 A.T.O.M Check Register City of Orono Check Number Transaction Amount 250.00 250.00 Page 1 Comments TRAINING/B.ANDERSON 56950 AMERICAN ENGINEERING TEST 56950 24-A g-98 Totals Check Noinber AMERICAN ENGINEERING TEST 56950 AMERICAN ENGINEERING TEST Check Number 56951 ANDERSON. HEATHER 345.00 345.00 DENSITY 6 PROCTOR TESTS 56951 24-Aug-98 Totals Check Number ANDERSON. HEATHER 56951 AirciERSON, HEATHER Check Number 56952 AT 6 T WIRELESS SERVICES 16.00 16.00 TOBACCO COMPLIENCE CHECK 56952 56952 56952 lO-Aug-98 lO-Aug-98 lO-Aug-98 Totals Check Number AT 6 T WIRELESS SERVICES AT 6 T WIRELESS SERVICES AT 6 T WIRELESS SERVICES 56952 AT & T WIRELESS SERVICES 9.98 9.97 193.02 212.97 WIRELESS TELEPHONE WIRELESS TELEPHONE WIRELESS TELEPHONE Check Number 56953 AT6T - KC 56953 03-Aug-98 Totals Check Number AT6T - KC 56953 AT&T - KC Check Number 56954 AUQIES MOBILE CHEF 5.73 5.73 LONG DISTANCE 7/98 56954 24-Aug-98 Totals Check Number AUGIES MOBILE CHEF 56954 AUGIES MOBILE CHEF 57.76 57.76 HOT DOGS. CHEESEBURGERS Check Number 56 955 AUTOMATIC GARAGE DOOR 56955 24-Aug-98 Totals Check Number AUTOMATIC GARAGE DOOR 56955 AUTOMATIC GARAGE DOOR 91.25 91.25 GARAGE DR-NVR WTR PLANT Check Number 56956 BARBAROSSA & SONS 56956 56956 24-Aug-98 24-Aug-98 Totals Check Number BARBAROSSA k SONS BARBAROSSA k SONS 56956 BARBAROSSA k SONS Check Number 56957 BIFFS INC. 16.503.69 50.199.90 66.703.59 BRKTSPTXBYRDO RFP 8 NLLXLLCC RFP 10 56957 lO-Aug-90 BIFFS INC.66.76 ORONO GOLF COURSE 21 Aug 1998 Fri 1:11 PM Check Kurober Date Name Check Register City of Orono Transaction Amount Page 2 Comments Check Number 569S7 56957 56957 56957 BIFFS INC. lO-Aug-98 BIFFS INC, lO-Aug-98 BIFFS INC lO-Aug-98 BIFFS INC Totals Check Number 56957 BIFFS INC 133.52 133.52 163.52 497.32 HACKBERRY PARK SU^e1IT BEACH BIDERWOOD PARK Check Number 56958 BLACKOWIAK 6 SON 56958 56958 24-Aug-98 24-Aug-98 Totals Check Number BLACKOWIAK 6 SON BLACKOWIAK 6 SON 56958 BLACKOWIAK 6 SON 157.80 160.85 318.65 GARBAGE SERVICE 7/98 GARBAGE SERVICE 7/98 Check Number 56959 BOBZIEN* ERIN 56959 24-Aug-98 Totals Check Number B0BZIEN« ERIN 56959 BOBZIEN« ERIN 16.00 16.00 TOB COMPLIENCE CHECK Check Number 56960 BONESTROO ROSENS k ASSOC. 56960 56960 56960 56960 24-Aug-98 24-Aug-98 24-Aug-98 24-Aug-98 Totals Check Number BONESTROO ROSENE k ASSOC. BONESTROO ROSENE k ASSOC. BONESTROO ROSENE k ASSOC. BONESTROO ROSENE k ASSOC. 56960 BONESTROO ROSENE & ASSOC. 21.647.94 981.50 197.75 2,627.76 25.454.95 EOGEWOOD HILLS SAN SWR US WEST ANTENNA MOUNTING TH12eOCB RD SIGNAL REVISE APRIL-MAY COUNCIL MTGS Check Number 56961 BORIS, SCOTT 56961 lO-Aug-98 Total! Check Number BORIS, SCOTT 56961 BORIS. SCOTT 194.83 194.83 REIMB/CLOTHES Check Number 56962 BRUCE CHRISTOPHER SEMINARS INC 56962 24-Aug-98 Total! Check Number BRUCE CHRISTOPHER SEMINARS INC 56962 BRUCE OmiSTOPHER SEMINARS INC 240.00 240.00 CONFLICT RES CONSULTATION Check Number 56963 BUDGET PRINTING 56963 56963 10-Aug-98 03-Aug-98 Total! Check Number BUDGET PRINTING BUDGET PRINTING 56963 BUDGET PRINTING 81.68 162.94 244.62 LABELS BUSINESS CARDS Check Number 56964 CARGILL SALT 56964 24-Aug-98 Total! Check Number CARGILL SALT 56964 CARGILL SALT 1.399.61 1.399.61 SOFTNER SALT 21 Aug 1998 Fri 1:11 PM Check Number Check Number 56965 Check Register City of Orono Date Name 56965 CITYVIEW PLUMBING & HEATING 24-Aug-98 CITYVIEW PLUMBING & HEATING Totals Check Number 56965 CITT/IEW PLUMBING k HEATING Check Number 56966 56966 CLASSIFIEDS lO-Aug-98 Totals Check Number CLASSIFIEDS 56966 CLASSIFIEDS Check Number 56967 56967 COLONIx’Ui LIFE INSURANCE CO. 24-Aug-98 * COLONIAL LIFE INSURANCE CO, Totals Check Number 56967 COLONIAL LIFE INSURANCE CO Check Number 56968 56968 CULLIGAN 19-Feb-98 CULLIGAN Totals Check Number 56968 CULLIGAN Check Number 56969 56969 56969 CYS UNIFORMS lO-Aug-98 lO-Aug-98 Totals Check Number CYS UNIFORMS CYS UNIFORMS 56969 CYS UNIFORMS Check Number 56970 56970 DAKOTA RAIL 24-Aug-98 DAKOTA RAIL Totals Check Number 56970 DAKOTA RAIL Check Number 56971 56971 DAY DISTRIBUTING CO. 24-Aug-98 Totals Check Number DAY DISTRIBUTING CO. 56971 DAY DISTRIBUTING CO ^eck Number 56972 56972 DISCOUNT STEEL INC. 24-Aug-98 Totals Check Number DISCOUNT STEEL INC, 56972 DlSCOUirr STEEL INC rheck Number 56973 56973 DNR WATERS 24-Aug-98 Totals Check Number DNR WATERS 56973 DNR WATERS Transaction Amount 132.98 132.98 51.60 51.60 864.66 664.86 32.00 32.00 167.90 -55.60 112.30 262.00 262.00 56.00 56.00 212.85 212.85 75.00 75.00 Page 3 Comments DRINKING FOUNTAIN PARTS AD/RECORDER AUGUST COLONIAL LIFE FEBRUARY SERVICE SHOES.BELT,POLISH CR CLOTHES OCCUPANCY LICENSE BEER STEEL FOR TRAILERS WATER APPROPRIATION PERM 21 Aug 1998 Fri 1:11 PM Check Number Check Number 56 •‘74 Date Name Check Register City of Orono 56974 ZAST SIDE BEVERAGE 24-Aug-96 EAST SIDE BEVERAGE Totals Check Humber 56974 EAST SIDE BEVERAGE Transaction Amount 81.45 81.43 Page 4 Comments BEER Check Number 56975 56975 EVERGREEN LAWN CO. 24-Aug-9J Totals Check Number EVERGREEN LAWN CO 56975 EVERGREEN LAWN CO. 1.825.18 1.625.18 FINAL PMT/SPRINXLER Check Number 56976 56976 56976 EXPRESS MESSENGER 24-Aug-98 24-Aug-98 Totals Check Number EXPRESS MESSENGER EXPRESS MESSENGER 56976 EXPRESS MESSENGER Check Number 56977 56977 FEDERAL SIGNAL CORP 24-Aug-98 Totals Check Number FEDERAL SIGNAL CORP 56977 FEDERAL SIGNAL CORP Check Number 56978 56978 FIRSTAR TRUST COMPANY 24-Aug-96 Totals Check Number FIRSTAR TRUST COMPANY 56978 FIRSTAR TRUST COMPANY Check Number 56979 56979 56979 56979 56979 56979 56979 G 6 K SERVICES 24-Aug-96 24-Aug-98 24-Aug-98 24-Aug-98 24-Aug-98 24-Aug-98 Totals Check Number G 4 K SERVICES G fc K SERVICES G 6 K SERVICES G 4 K SERVICES G 4 K SERVICES G 4 K SERVICES 56979 G 4 K SERVICES Check Number 56980 56980 G L CONTRACTING 24-Aug-98 Totals Check Number G L CONTRACTING 56980 0 L CONTRACTING Check Number 56981 56981 GAFFRON. MIKE 24-Aug-98 GAFFRcN, MXiU. Totals Check Numbei 56981 GAFFRON. MIKE Check Number 56982 GALL'S INC. 27.30 53.15 80.45 16.051.50 16.051.50 750.00 750.00 5.93 62.55 12.15 5.93 67.63 12.15 186.34 51.367.36 51.367.36 16.12 16.12 DELIVERY TO HINSKAN DELIVERY TO LMCIT SIREN HEADS 4 CONTROLS G082 INT DUE9/1 UNIFORM-STEFFENHAGEN UNIFORMS UNIFORM-RATHBUN UNIFORM STEFFENHAGEN LTIIFORMS UNIFORM-RATHBUN HERITAGE SWR RFP 1 MILEAGE REIMB Check Number 56985 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56935 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. 56985 24-Aug-9fl GENUINE PARTS CO. 56985 24-Aug-98 GENUINE PARTS CO. Totals Check Nuirber 56995 GENUINE PARTS CO. 21 Aug 1998 Fri 1:11 PM Chec)c Number Check Number 56989 56989 Check Register City of Orono Name 56989 HAWKINS WATER TREATMENT GROUP 24-Aug-98 HAWKINS WATER TREATMENT GROUP 24-Aug-98 HAWKINS WATER TREATMENT GROUP Transaction Amount 30.00 116.12 Comments Totals Check Number 56989 HAWKINS WATER TREATMENT GROUP Check Number 56990 56990 HENNEPIN COUNTY SHERIFF 24-Aug-98 Totals Check Number HENNEPIN COUNTY SHERIFF 56990 HENNEPIN COUNTY SHERIFF Check NuirJoer 56991 56991 56991 HENNEPIN COUNTY TREASURER 24-Aug-98 lO-Aug-98 Totals Check Number HENNEPIN COUN^ TREASURER HENNEPIN COUNTY TREASURER 56991 HENNEPIN COUNTY TREASURER Check Number 56992 J H LARSON ELECTRICAL CO. 24-Aug-98 Totals Check Number J H LARSON ELECTRICAL CO 56992 J H LARSON ELECTRICAL CO Check Number 56993 KENNETH N. POTTS, PA 24-Aug-98 KENNETH N. POTTS, PA Totals Check Number 56993 KENNETH N. POTTS, PA Check Number 56994 56994 KNOLLENBERG, KRIS 24-Aug-98 Totals Check Number Check Number 56995 KWOM 22-May-98 Totals Check Number Check Number 56996 Totals Check Number Check Number 57001 24-Aug-98 LONG LAKE POWER EQUIPMENT 27.36 PARTS Totals Check Number 57001 LONG LAKE POWER EQUIPMENT 27.36 Check Number 57002 LONG LAKE TRACTOR EQUIPMENT 57002 24-Aug-98 LONG LAKE TRACI OR EQUIPMENT 15.02 HITCH PIN 57002 24-Aug-98 LONG LAKE TRACTOR EQUIPMENT 63.69 SWITCH,FLASH 57002 24-Aug-98 LONG LAKE TRACTOR EQUIPMENT 53.25 HANDLE 57002 24-Aug-98 LONG LAKE TRACTOR EQUIPMENT 53.25 HANDLE Totals Check Number 57002 LONG LAKE TRACTOR EQUIPMENT 185.21 Check Number 57003 MAGIC CLEANERS ASSN 195.00 ASSN 195.00 ASSN 390.00 120.00 120.00 433.30 Check Nuinber 57016 NSP 57016 09-Jun-98 NSP 57016 27-Apr-90 NSP 57016 27-Apr-98 NSP 57016 27-Apr-98 NSP 57016 lO-Aug-98 NSP 57016 lO-Jul-98 NSP Totals Check Number 57016 NSP 21 Aug 1998 Fri 1:11 PM Check Number Date Name Check Register City of Orono Transaction Amount Page 12 Coimienta Check Number 57038 57038 THE SIGN AGE 24-Aug-98 THE SIGN AGE Totals Check Number 57038 THE SIGN AGE 21.30 21.30 TRAINING SIQl Check Number 57039 57039 THIN CITIES SERVICE CENTER INC lO-Aug-98 Totals Check Number TWIN CITIES SERVICE CENTER INC 57039 TWIN CITIES SERVICE CENTER INC 154.50 154.50 RADIO PARTS Check Number 57040 UNIFORMS UNLIMITED 57040 57040 24-Aug-98 24-Aug-9B Totals Check Number UNIFORMS UNLIMITED UNIFORMS UNLIMITED 57040 UNIFORMS UNLIMITED 55.75 27.05 83.50 SHIRT k PANTS-GOMAN SHIRT - J JOHNSON Check Number 57041 US WEST COMMUNICATIONS 57041 57041 57041 57041 lO-Aug-98 lO-Aug-98 lO-Aug-98 lO-Aug-98 Totals Check Number US WEST COWUNICATIONS US WEST COfWNICATIONS US WEST COMMUNICATIONS US WEST COMMUNICATIONS 57041 US WEST COMMUNICATIONS 256.74 117.57 117.01 855.24 1,346.56 PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE Check Number 57042 57042 W.W. GRAINGER INC. 24-Aug-98 Totals Check Number W.W. GRAINGER INC 57042 W.W. GRAINGER INC Check Number 57043 57043 WARNING LITES OP HN 24-Aug-98 Totals Check Number WARNING LITES OP KN 57043 WARNING LITES OP KN Check Number 57044 57044 57044 WEST HENNEPIN PUBLIC SAFETY 24-Aug-98 24-Aug-98 Totals Check Number WEST HENNEPIN PUBLIC SAFETY WEST HENNEPIN PUBLIC SAFETY 57044 WEST HENNEPIN PUBLIC SAFETY Check Number 57045 57045 WEST PHOTO 24-Aug-98 Totals Check Number WEST PHOTO 57045 WEST PHOTO Check Number 57046 57046 WESTSIDE WHOLESALE TIRE 24-Aug-98 WESTSIDE WHOLESALE TIRE 255.32 255.32 108.95 108.95 280.00 5.530.00 5.810.00 194.87 194.87 68.36 CUTTING WHEELS BARRICADES ADDIT OFFICERS-SECURITY ADDIT OFFICERS-SECURITY FILM REPAIRS 21 Aug 199S Frl 1:11 ?M Check Nuaber Check Number 57046 Date Name Check Register City of Orcno Page 13 57046 tfESTSlDB NHOLBSALB TIRE 24-Aug-98 WESTSIDE WHOLESALE TIRE Totals Check Number 57046 WESTSIDE WHOLESALE TIRE Transaction Amount 10.00 78.36 Comments REPAIRS Check Number 57047 WILLIAMS TOWING 57047 lO-Aug-98 Totals Check Number WILLIAMS TOWING 57047 WILLIAMS TOWING 41.50 41.50 TOW SQUAD 8170 Check Number 57040 YOUNG, JACKIE 57048 24-Aug-98 Totals Check Number YOUNG, JACKIE 57048 YOUNG, JACKIE 200.00 200.00 PLANNING COM 7/20/98 Grand Total 227,322.29 EWORMATION ITEMS COUNCIL MEETING Vi/wI• AUG 2 4 1998 CITY Cr CROMO OF PERMITS ISSUED/FEES COLLECTED COUNCIL MEETINQYEAR-TO-DATEREPORT NBR. BPRMTISS-1 DATE OP RUN 08/03/98 PERMIT TYPE Building SGL FAMILY-NEW SP-ADD/RBMODBL SP-ACC STRUCTURE DEMO/PRINCIPAL COMMERCIAL-NEW COM-ADD/RBMODEL COM-ACC STRUCTUR DEMO INST-ADD/RBMODEL INST-ACC STRUCT DEMO-ACCESSORY ACC/GARAGBS Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING WOOD STOVB/Pr.UE FIREPLACE VENTILATION GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbing FIXTURES SPRINKLER WATER METER VACUUM BREAKER UNDEFINED Sub-total Sewer L Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTB DRNPLD k/OR TANK SAC ONLY SEPTIC CONNBCTIN SEWER DISCONNECT SEWER REPAIR SEWER it WATER UNDEFINED Sub-total Sign PER./FREE STANDG TEMPORARY PERMIT ISSUED REPORT ***** CITY OF ORONO^T RANGE . . .01/01/98 - 07/31/98 QTY BASE PEE VALUATION 19 49,515.25 8,915,976.00 218 51,165.75 4,501,230.25 23 7,088.75 724,680.00 11 580.00 0.00 1 6,365.25 1,492,000.00 5 1,784.00 191,875.00 5 1,462.25 110,000.00 0 0.00 0.00 2 902.25 122,480.00 0 0.00 0.00 4 120.00 0.00 14 3,252.50 228,782.00 302*122,236.00*16,287,023.25* 55 8,143.19 642,798.44 13 696.82 51,263.52 2 70.00 3,000.00 46 2.012.69 117,023.00 5 175.00 7,400.00 5 175.00 5,659.00 12 433.75 18,983.00 6 210.00 3,738.75 144*11,916.45*849,865.71* 111 9,257.41 642,516.38 1 82.75 6,620.00 6 1,426.00 0.00 7 245.00 1,750.00 0 0.00 0.00 125*11,011.16*650,886.38* 27 945.00 0.00 1 35.00 0.00 20 1,950.00 0.00 2 100.00 0.00 24 22,250.00 0.00 1 50.00 0.00 1 35.00 0.00 1 35.00 750.00 1 70.00 0.00 1 0.00 0.00 79*25,470.00*750.00* 0 0.00 0.00 1 35.00 0.00 PLAN REVIEW 32,184 21,775 4,526 0 4,137 941 105 0 0 0 0 2,094 65,766 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .87 .83 .45 .00 .41 .36 .46 .00 . 00 .00 . 00 .63 .01* 00 00 00 00 00 00 00 00 00* 00 00 00 00 00 00* 00 00 00 00 00 00 00 00 00 00 00* 2 4 IWB PAGE: 1REQUESTER: CAROLE-- PREVIOUS RANGE - 01/01/97 - 07/31/97 0.00 0.00 QTY BASE FEE VALUATION PLAN REVIEW 13 24,601.75 3,934,745.46 15,991.11 164 46,555.00 4,378,784.90 22,768.71 13 2,981.00 267,579.60 1,903.19 6 330.00 0.00 0.00 1 887.25 100,000.00 576.71 6 2,654.75 319,296.00 227.01 0 0.00 0.00 0.00 2 100.00 0.00 0.00 1 1,242.25 171,000.00 0.00 1 29.25 775.00 19.01 5 180.00 0.00 0.00 3 746.25 51,701.00 485.07 215*80,307.50*9,223,881.96*41,970.81* 56 4,765.15 368,684.88 0.00 6 327.50 21,870.00 0.00 1 35.00 2,500.00 0.00 36 1,330.46 62,932.55 0.00 5 175.00 7,560.00 0.00 12 420.00 5,125.00 0.00 6 210.00 7,400.OG 0.00 5 990.00 72,850.00 0.00 127*8,253.11*548,922.43*0.00* 104 7,856.83 500,887.08 0.00 4 231.69 14,535.00 0.00 8 1,373.99 0.00 0.00 2 70.00 400.00 0.00 2 70.00 1,150.00 0.00 120*9,602.51*516,972.08*0.00* 3 105.00 0.00 0.00 0 0.00 0.00 0.00 15 1,500.00 0.00 0.00 2 100.00 0.00 0.00 4 3,800.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 2 140.00 0.00 0.00 2 70.00 0.00 0.00 28*5,715.00*0.00*0.00* 3 118.25 3,300.00 0.00 3 90.00 0.00 0.00 PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT NBR. BPRMTISS-1 DATE OP RUN 06/03/98 PERMIT ISSUED REPORT CITY OF ORONO * * * * *PAGE: 2REQUESTER: CAROLE-- CURRENT RANGE - 01/01/98 - 07/31/98 -- PREVIOUS RANGE - 01/01/97 - 07/31/97PERMIT TYPE QTY BASE FEB VALUATION PLAN REVIEW QTY BASE PEE VALUATION PLAN REVIEWSub-total 1*35.00*0.00*0.00*6*200.25*3,300.00*0.00*Pi rePIRE SPRINKLER 0 0.00 0.00 0.00 1 140.00 11,200.00 0.00PIRE SPRINKLER 1 3,650.00 292,000.00 0.00 0 0.00 0.00 0.00 Sub-total 3,650.00*292,000.00*0.00*1*140.00*11,200.00*0.00* User Defined LAND ALTERATION 17 925.00 500.00 0.00 0 500.00 0.00 0.00 TREE REMOVAL 0 0.00 0.00 0.00 1 30.00 0.00 0.00 DOCKS 0 0.00 0.00 0.00 3 90.00 2,500.00 0.00 LAtm SPRINKLER 19 665.00 0.00 0.00 20 700.00 0.00 0.00 Sub-total 36*1,590.00*500.00*0.00*32*1,320.00*2,500.00*0.00* Grand-total 688**175,900.61**10,081,025.34**65,766.01**529**105,546.37**10,306,776.47**41,970.81** * • REPORT NBR. BPBERPT2-1 DATE OP RUN 08/03/98 PERMITS ISSUED/FEES COLLECTEDPERMIT PEE REPORT YEAR-TO-DATEBASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT MAIL IN *92 STUBBS BAY SEWER CONN CHARG SEWER CONNECTION WATER CONNECTION ESCROW PERMIT TOTAL BUILDING122,236.0065,766.018,044.46 0.00 1,000.00 1,223.25 0.00 1.50 14,655.00 0.00 212,926.22 MECHANICAL11,916.450.00428.46 0.00 0.00 0.00 0.00 122.98 0.00 12,467.89 * 111«CITY OP ORONOFROM 01/01/98 TO 07/31/98PLUMBING11,011.160.00335.60 0.00 0.00 0.00 0.00 54.40 0.00 11,401.16 SEWER k WATER 25,470.00 0.00 27.00 0.00 5,000.00 0.00 0.00 1.50 8,700.00 4,190.00 0.00 43,308.50 USER1,590.000.009.50 0.00 0.00 120.00 0.00 7.50 0.00 1,727.00 PAGE: 1REQUESTER: CAROLESIGN35.000.000.00 0.00 0.00 0.00 0.00 0.00 35.00 FIRE3,650.000.00146.00 0.00 0.00 0.00 0.00 0.00 3,796.00 REPORT NBR. BPBERPT2-1 DATE OP RUN 08/03/98 ***** PERMIT FEB REPORT ♦♦ CITY OP ORONO PROM 01/01/98 TO 07/31/90 PAGE! 2 REQUESTER: CAROLE BASE FEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC INVESTIGATION DEPOSIT MAIL IN *92 STUBBS BAY SEWER CONN CHARG SEWER CONNECTION WATER CONNECTION ESCROW PERMIT TOTAL REPORT TOTAL 175,908.61 65,766.01 8,991.02 0.00 6,000.00 1,343.25 0.00 107.00 14,655.00 8.700.00 4.190.00 0.00 2«*i. 741.77 REPORT NBR. BPRMTISS-1 DATE OP RUN 08/03/98 PERMITS ISSUED/FEES COLLECTED***** PERMIT ISSUED REPORT CITY OF ORONO YEAR-TO-DATE PAGE: 1REQUESTER: CAROLE-- CURRENT RANGE - 01/01/98 - 07/31/98 -- PREVIOUS RANGE - 01/01/97 - 07/31/97 PERMIT TYPE QTY BASE PEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW User Defined ^ SUBDIVISION 10 5,537.50 0.00 0.00 6 4,212.50 0.00 0. uu VARIANCE 44 11,560.00 0.00 0.00 48 11,060.00 0.00 0.00 CUP 13 1,950.00 0.00 0.00 11 2,450.00 0.00 0.00 SKETCH PLAN 2 500.00 0.00 0.00 5 1,250.00 0.00 0.00 VARIANCE/CUP 5 1,225.00 0.00 0.00 2 575.00 0.00 0.00 VACATION 1 300.00 0.00 0.00 3 800.00 0.00 0.00 REZONING 0 0.00 0.00 0.00 2 0.00 0.00 0.00 RQST SIMILAR USE 2 250.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 77*21,322.50*0.00*0.00*77*20,347.50*0.00*0.00* Grand-total 77**21,322.50**0.00**0.00**77**20,347.50**0.00**0.00** : REPORT NBR. BFEERPT2-1 DATE OP RUN 08/03/98 * « * * *PERMIT FEE REPORT Fr5m °Sim/98 TO 07/31/98 * « * * * USER REPORT TOTAL BASE FEE 21,322.50 21,322.50 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 21,322.50 21,322.50 PAGE: 1 REQUESTER: CAROLE 1998 RECAP OF CONTRACT CITIESJanuary February March April June July August September October November Decetnber YTD TotalsSprTrJ'panr"™'""^Plan Review Inspections Retainer TOTAL No. Plan Reviews No. Inspections Minnetonka Beach Plan Review Inspections Retainer TOTAL No. Plan Reviews No. Inspections 0.00 0.00 0.00 414.21 0.00 580.62 0.0015.00 45.00 60.00 45.00 60.00 60.00 105.0025.00 25.00 25.00 25.00 25.00 25.00 25.00 40.00 70.00 85.00 484.21 85.00 665.62 130.00 0 0 0 1 0 2 0 1 3 4 3 4 4 7 7,206.05 2,133.30 2,493.88 170.46 308.10 0.00 193.50 195.00 285.00 225.00 540.00 525.00 270.00 165.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 7,426.05 2,443.30 2,743.88 735.46 858.10 295.00 383.50 0 2 3 1 4 0 2 13 19 15 36 35 18 11 7,466.05 2,513.30 2,828.86 1,219.67 943.10 960.62 513.50 994.83355.00175.00 1,559.83 3 28 12.505.29 2,205.00 175.00 14.885.29 12 147 16,445.12 REPORT NBR. BPRMTISS-1 DATE OF RUN 08/03/98PERMIT TYPEBuilding SGL FAMILY-NEW SF-ADD/RBMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COM-AOD/RBMODEL COM-ACC STRUCTUR DEMO-ACCESSORY QTY340 6 1 1 1 1 oOuiVv*PERMITS ISSUED/FEES COLLECTED JULY 1998permit issued reportCITY OF ORONO * * * * #PAGE: 1C^TVOrOftSlJficSTER: CAROLE-- CURRENT RANGE - 07/01/98 - 07/31/90 -- PREVIOUS RANGE - 07/01/97 - 07/31/97BASE FEE8.999.25 6,861.75 1.127.25 50.00 1.137.25 34.75 30.00 VALUATION635.000. 00 539,509.50 75,000.00 0.00 150.000. 00 1,000.00 0.00 PLAN REVIEW5,8492,547 719 0 73 9 0 0 5103 06 00 21 00 00 QTY036 3 2 1 0 2 BASE FEE0.0010,260.00 1,406.50 100.00 07.25 0.00 60.00 VALUATION0.00 961,283.40 169,829.60 0.00 3,500.00 0.00 0.00 PLAN REVIEW0.005,633.71 893.42 0.00 56.71 0.00 0.00 ACC/GARAGES 5 1,135.75 70,950.00 738.25 1 421.75 32,628.00 274.14 Sub-total 50*19,376.00*2,479,459.50*10,593.06*45*12,335.50*1,167,241.00*6,857.98* Mechanical HEATING SYSTEMS 8 1,002.50 86,605.00 0.00 4 326.01 26,080.00 0.00 AIR CONDITIONING 3 105.00 6,987.00 0.00 1 35.00 1,500.00 0.00 WOOD STOVB/PLUB 0 0.00 0.00 0.00 1 35.00 2,500.00 0.00 FIREPLACE 3 105.00 5,308.00 0.00 3 105.00 3,300.00 0.00 DUCT WORK ONLY 1 35.00 1,850.00 0.00 1 35.00 1,450.00 0.00 REMOVE OIL TANK 3 105.00 1,908.75 0.00 0 0.00 0.00 0.00 Sub-total 10*1,432.58*102,738.75*0.00*10*536.01*34,830.00*0.00* Plumbing FIXTURES 16 1,046.19 68,663.00 0.00 13 1,141.00 78,424.52 0.00 SPRINKLER 0 0.00 0.00 0.00 2 70.00 1,600.00 0.00 WATER METER 1 247.00 0.00 0.00 1 247.00 0.00 0.00 VACUUM BREAKER 4 140.00 1,300.00 0.00 2 70.00 400.00 0.00 UNDEFINED 0 0.00 0.00 0.00 1 35.00 150.00 0.00 Sub-total 21*1,433.19*69,963.00*0.00*19*1,563.00*00,574.52*0.00* Sewer k Water SEWER CONNECTION 4 140.00 0.00 0.00 1 35.00 0.00 0.00 WATER CONNECTION 1 35.00 0.00 0.00 0 0.00 0.00 0.00 NEW SEPTIC SYSTE 1 100.00 0.00 0.00 1 100.00 0.00 0.00 SAC ONLY 4 4,000.00 0.00 0.00 0 0.00 0.00 0.00 UNDEFINED 0 0.00 0.00 0.00 1 35.00 0.00 0.00 Sub-total 10*4,275.00*0.00*0 . ou^3*170.00*0.00*0.00* Sign TEMPORARY 0 0.00 0.00 0.00 1 30.00 0.00 0.00 Sub-total 0*0.00*0.00*0.00*1*30.00*0.00*0.00* User Defined LAND ALTERATION 5 250.00 0.00 0.00 1 50.00 0.00 0.00 TREE REMOVAL 0 0.00 0.00 0.00 1 30.00 0.00 0.00 LAWN SPRINKLER 9 315.00 0.00 0.00 6 210.00 0.00 0.00 Sub-total 14*565.00*0.00*0.00*0*290.00*0.00*0.00* Grand-total 121**27.001.77**2,652,161.25**10,593.06**06**14,924.51**1,202,645.52**6,857.98* REPORT NBR. BPEERPTl-1 DATE OP RUN 08/03/98 BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL PERMITS ISSUED/FEES COLLECTED JULY 1998BUILDING 19,376.00 10,593.06 1,241.54 0.00 0.00 0.00 0.00 1.50 0.00 31,212.10 MECHANICAL1,432.58 0.00 52.18 0.00 0.00 0.00 0.00 14.98 0.00 1,499.74 ••••♦ PERMIT FEE REPORT ***** CITY OF ORONO FROM 07/01/98 TO 07/31/98PLUMBING SEWER i WATER1,433.19 0.00 37.30 0.00 0.00 0.00 0.00 9.00 0.00 1,479.49 4.275.00 0.00 3.00 0.00 0.00 0.00 0.00 0.00 4.278.00 USER565.00 0.00 4.50 0.00 0.00 85.00 0.00 4.50 0.00 659.00 PAGE: 37REQUESTER: CAROLESIGN0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PIRB0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 REPORT NBR. BPEERPTl-1 DATE OP RUN 08/03/98 REPORT TOTAL permit fee report ***** CITY OP ORONO FROM 07/01/98 TO 07/31/98 PAGE: 38 REQUESTER: CAROLE BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH FEB SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL 27,081.77 10,593.06 1,338.52 0.00 0.00 85.00 0.00 29.98 0.00 39,128.33 « •MON, AUG 3, 1998, 3:09 PM PAGE 1PERMITS ISSUED FOR THE MONTH OF july 1998 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION010101020404 04 05 06 06 06 06 06 06 06 06 08 09 09 10 10 10 11 11 11 11 11 11 11 11 11 11 11 11 11 11 15 16 17 19 21 21 21 21 21 21 29 29 29 29 29 29 29 29 525165511208847701135 627 4100 1790 55 45 4765 25 3091 3285 970 1110 465 3225 1375 4605 170 659 1600 3700 1200 3510 1390 855 1384 3860 1525 3265 2000 4265 3560 3211 1365 4355 2500 3017 3265 2818 3540 3450 3498 450 1410 4607 2685 3444 801 835 1740 HUNTER PASS BOHNS PT RD COX FARM RD DAKOTA AVE TONKAWA RD NORTH ARM DR FERNDALE RD N WATERTOWN RD SHADYWOOD RD GOLDEN VIEW DR MYRTLEWOOD RD TONKAVIEW LA CYGNET PL FARVIEW LA CARMAN RD FOREST ARMS LA WILLOW DR S HUNTER PASS BAYSIDE RD VINE PL WATERTOWN RD WEAR LA N MINNETONKA HGLD I LONG LAKE BLVD BAYSIDE RD LYMAN AVE NORTH SHORE DR REST PT RD FOREST ARMS LA BALDUR PARK RD CHERRY AVE LONG LAKE BLVD BOHNS PT LA SHADYWOOD RD FOREST LAKE DR IVY PL BAYSIDE RD TONKAWA RD BAYSIDE RD SHADYWOOD RD NORTH SHORE DR BOHNS PT LA CASCO POINT RD NORTH SHORE DR NORTH SHORE DR NORTH SHORE DR OLD LONG LAKE RD CHERRY PL WATERTOWN RD SHADYWOOD RD EASTLAKE ST TONKAWA RD WINDJAMMER LA SHADYWOOD RD 98/07/13 OR- 98/07/15 OR- 98/07/31 OR- 98/07/02 OR- 98/07/06 OR- 98/07/13 OR- 98/07/16 OR- 98/07/02 OR- 98/07/01 OR- 98/07/02 OR- 98/07/06 OR- 98/07/02 OR- 98/07/20 OR- 98/07/20 OR- 98/07/16 OR- 98/07/17 98/07/01 98/07/16 98/07/23 98/07/20 98/07/23 98/07/27 98/07/02 98/07/06 OR 98/07/08 OR 98/07/13 OR 98/07/17 98/07/17 98/07/20 98/07/20 98/07/20 98/07/22 98/07/22 98/07/24 98/07/27 98/07/29 98/07/28 98/07/10 98/07/24 98/07/02 98/07/16 98/07/01 98/07/10 98/07/21 98/07/23 98/07/30 98/07/01 98/07/01 98/07/07 98/07/06 98/07/07 OR 98/07/08 OR 98/07/13 OR 98/07/21 OR OR OR OR OR OR OR OR OR OR- OR- OR- OR OR- OR- OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR 010471010494010564010452010385010491 010499 010431 010446 010451 010456 010459 010460 010495 010500 010519 010432 010501 010531 010485 010534 010539 010461 010466 010475 010490 010510 010511 010520 010521 010522 010525 010528 010536 010538 010546 010544 010279 010535 010465 010356 010443 010484 010498 010533 010548 010442 010445 010453 010454 010457 010480 010489 010524 14040600 JYLAND DEVELOPMENT STROBEL 500,000.0019151328STONEHENGE CONSTRUCTION NEWMAN 950,000.0000000000HILLIER185,000.0000000000GASNER500.0000000000OKERSTROM16,500.0014793838GRAVELLE, STEPHEN WEILER 10,700.0014742376PATRICK HANILY & ASSOC INC JOHNSON 42,500.00 00000000 SHOLL 10,000.00 15570268 GUSTAFSON REMODELING URBAN 5,000.00 00000000 ERICKSON 3,000.00 00000000 LIEBSCHER 2,040.00 00000000 AFFELDT 2,240.00 15442255 HOME SPECIALIST INC SCHAWNEEY 2,940.00 14355424 STEVE DAHL CONST MIGLIORI 12,000.00 18697749 KERMIT BRUNELL REMODELING MOLSATHER 8,000.00 00000000 LANGE 1,450.00 00000000 KEMNA 2,250.00 15429000 DALPHIN POOL & SPA 20,000.00 15429000 DALPHIN POOL & SPA SHELDON 20,000.00 13915514 MINNESOTA EXTERIORS LANDON 6,754.00 00000000 SERENA 1,500.00 00000000 BERKEY 1,400.00 14217726 LUNEMANN MIKE CONST SPEETER 2,500.00 18882225 PLEKKENPOL BUILDERS INC CAJACOB 6,300.00 14726539 SMITH WF ROOFING MAUS 5,875.00 14726539 SMITH WF ROOFING CORNWALL 6,500.00 00000000 •HART 2,500.00 00000000 WALSH 800.00 19333536 COTY CONSTRUCTION CARLSON 7,382.00 00000000 VERSTEEG 1,000.00 14721321 HINCK MIKE NEVERS 3,000.00 14719065 INCLINE ENTERRISES WENDT 5,500.00 18818232 SUBURBAN EXTERIORS MCDONALD 27,000.00 15120110 ROELOFS REMODELING (• RENOV WELLS 5,500.00 14042984 METRO HANDYMAN KALWEIT 7,500.00 19333536 COTY CONSTRUCTION CHRISTENSON 8,221.00 00000000 LUNDELL 2,000.00 14613265 OTTING HOUSEMOVERS RENDER .00 00000000 WHITE .00 00000000 150,000.00 14701102 HAUGDAHL CONSTRUCTION INC HIGGINS 19,420.00 14577043 MCCARTY HOMES MCDONALD 3,000.00 00000000 BRICKMAN 2,000.00 19208888 WESTERN CONSTRUCTION CO PETTI PIECE 7,000.00 00000000 ODDEN 5,587.50 14734954 BETZ BUILDERS INC CARLSON 147,500.00 19357789 KENNETH DURR ASSOC MADDOCKS 32,000.00 147B3133 RE CREATIONS WILBUR 4,000.00 00000000 SERENA 40,000.00 00000000 BROWN 2,500.00 19202400 STICKS U STONES DESIGN MONGE 3,500.00 19^90808 PARAGON DESIGNER k BLDRS DANZIGER 30, *^00.00 14745941 BLAISE WATSON CARPENTRY BIDWELL 8,000.00 14738880 BURNEVIK COMPANY SWANSON 600.00 iGE 1I)00.00)00.00)00.00>00.00>00.00700.00 >00.00 }00.00300.00300.00340.00240.00340.00300.00900.00 tso.oo 250.00 000.00 000.00 754.00 500.00 400.00 500.00 300.00 875.00 500.00 500.00 800.00 382.00 000.00 000.00 500.00 000.00 500.00 500.00 221.00 000.00 .00 .00 000.00 420.00 000.00 000.00 000.00 587.50 500.00 000.00 000.00 000.00 500.00 500.00 000.00 000.00 600.00 MON, AUG 3, 1998, 3:09 PMPERMITS ISSUED FOR THE MONTH OF PAGE 2JULY 1998PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION2502829224018004582975313513801491 3770 615 485 123 1991 1301 250 2430 1491 4520 45 2565 1390 1491 2460 2058 580 2795 905 4085 2285 3155 2300 45 3850 2314 345 155 140 14 0 801B 4085 205 835 1960 1960 3155 1080 1475 OLD CRYSTAL BAY RD S 98/07/27 OR-01053798/07/30 OR-010551 98/07/01 OR-010450 98/07/10 OR-010486CASCO POINT RD NORTH SHORE DR SHADYWOOD RDLINDEN AVE SOMERSET LA JAMESTOWN RD FOX STSHORELINE DR BAYSIDE RD ORCHARD PK RD ORONO ORCHARD RD CHEVY CHASE DR EAGERNESS POINT 1 NORTH ARM DR WAKEFIELD RD NORTH SHORE DR SHORELINE DR WEST BRANCH RD MYRTLEWOOD RD NORTH SHORE DR REST PT RD SHORELINE DR THOROUGHBRED LA SHORELINE DR OXFORD RD CASCO POINT RD FBRNDALE RD W WATERTOWN RD ABINCDON WAY CASCO CIR OLIVE AVE MYRTLEWOOD RD BAYSIDE RD SHADYWOOD RD SPRING HILL RD TRUFFULA TR GOLDEN VIEW DR HACKBERRY HILL TONKAWA RD WATERTOWN RD HOLLANDER RD WINDJAMMER LA LAKBVIEW TER LAKEVIEW TER CASCO CIR BROWN RD N SHORELINE DR 98/07/0198/07/0198/07/0198/07/0898/07/13 98/07/20 98/07/17 98/07/28 98/07/29 98/07/30 98/07/30 98/07/30 98/07/31 98/07/31 98/07/22 98/07/17 98/07/01 98/07/17 OR-010447OR-010448OR-010449OR-010479OR-010488 OR-010513 OR-010516 OR-010540 OR-010547 OR-010553 OR-010559 OR-010561 OR-010562 OR-010563 OR-010527 OR-010514 OR-010444 OR-010508 98/07/02 98/07/06 98/07/08 98/07/09 98/07/16 98/07/16 98/07/16 98/07/16 98/07/16 98/07/17 98/07/20 98/07/29 98/07/30 98/07/30 98/07/30 98/07/30 98/07/17 98/07/07 98/07/07 98/07/17 98/07/28 OR-010455 OR-010467 OR-010476 OR-010483 OR-010502 OR-010503 OR-010504 OR-010505 OR-C10506 OR-010517 OR-010523 OR-010545 OR-010552 OR-010555 OR-010556 OR-010558 OR-010512 OR-010472 OR-010473 OR-010509 OR-010543 98/07/06 OR-010468 98/07/06 OR-010469 98/07/00 OR-010478 98/07/09 OR-010401 98/07/17 OR-010515 147471211471053200000000000000003537849135531445354537971479321625370959 34461449 34791600 14445353 34735488 34748366 34791600 39414211 34732267 36899181 38884618 34458585 35908100 00000000 25370959 24750296 29360027 24750296 29337200 29337200 24242646 24750296 24750296 24638220 28274033 24724959 25218835 29723401 29723401 27044792 27863951 29296767 25518990 24490147 24730403 54775649 54775649 544C1495 00000000 oooonooo LAKE COUNTRY BUILDERS DANBERRY COMPANYSUPERIOR CONTR INC GUYERS BUILDERS EXPRESS FIREPLACE CENTER SCHOENING JOHN GADTKE PLUMBING WATERTOWN SHEET METAL INC COUNTRYSIDE HTG A/C YERIGAN CONSTRUCTION CO MAYER DISTRIBUTING ABEL/B & C INC COUNTRYSIDE HTG A/C KLEVE HTG 6 AC SABRE HEATING U AIR CONDIT CONWAY MECHANICAL DIVERSIFIED MECHANICAL RON'S MECH INC QUALITY 1ST HTG/COOLING GADTKE PLUMBING WELD, DON PLUMBING AFFORDABLE PLBG & HTG WELD, DON PLUMBING CULLIGAN CULLIGAN BREDAHL PLBG WELD, DON PLUMBING WELD, DON PLUMBING STATE MECHANICAL INC NORBLOM PLUMBING CO WESTONKA MECH CONTRACTORS RANDY LANE & SONS PLBG GENERAL PLUMBING k HEATING GENERAL PLUMBING k HEATING HOKANSON PLUMBING INC GRABOW PLUMBING INC NEU PLUMBING LE VAHN BROS INC CUSTOM PLUMBING, INC. DAY EARL W k SONS RITTER EXCAVATING RITTER EXCAVATING WIDMER BROS INC THOMPSON 7,500.00PETERSON120,000.00 1,000.00SEABOLT500.00BLOCCKER4,150.00ANDREA1,000.00LURTON2,000.00MYERS200.00KIERNAN7,200.00STEPHENS17,755.00 LANG 2,587.00 HAMM 200.00 BLANKENSHIP 1,588.75 MILLIRAN 8,910.00 ROBERTS 1,900.00 BASZUCKI 2,500.00 SCHOEN 3,090.00 KIERNAN 27,500.00 EASTMAN 1,850.00 LIEBSCHER 5,000.00 MARTINEAU 13,000.00 WALSH 2,308.00 KIERNAN 13,000.00 WILTS 350.00 NORMAN 400.00 STARK 300.00 1,000.00 1,000.00 4,300.00 POLEY 350.00 .00 4,000.00 LIEBSCHER 1,000.00 MADSON 6,995.00 MORKRID 600.00 FELDMANN 300.00 CORRIGAN 300.00 14,500.00 GLEASON 9,500.00 DANZINGER 4,500.00 DALE 4,500.00 KELSEY 768.00 BIDWELL 2,300.00 VOLBY .00 VOLBY .00 LUNDSTROM .00 BOWER .00 SCHMITT .00 MON, AUG 3, 1998, 3:09 PM PAGE 3PERMITS ISSUED FOR THE MONTH OPPERMITWORKADDRSW011475011080011940011940014725IOCIOC UD 01 2106 01 2460 01 2058 01 575 01 2285 01 1700 01 509 01 3280 01 3680 01 345 22 2205 22 2565 22 3580 31 1056 14C 14C JULY 1998ISSUED 121C SHORELINE DR BROWN RD N COUNTRY CLUB RD COUNTRY CLUB RD BAYSlOE RD SUGARWOOD DR THOROUGHBRED Li SHORELINE DR OXFORD RD ABINGDON WAY SHORELINE DR FBRNDALE RD N NAVARRE LA NORTHERN AVE SPRING HILL RD ABINGDON WAY NORTH SHORE DR BAYSIDE RD LOMA LINDA AVE Sa/OV/lT OR-010518 98/07/22 OR-010526 98/07/28 OR-010542 98/07/30 OR-010554 98/07/30 OR-010557 98/07/02 98/07/07 98/07/0" 98/07/09 98/07/14 98/07/15 98/07/15 98/07/23 98/07/28 98/07/30 98/07/02 98/07/02 98/07/09 98/07/14 OR-010464 OR-010470 OR-010477 OR-010482 OR-010493 OR-010496 OR-010497 OR-010532 OR-010541 OR-010560 OR-010434 OR-010462 OR-010474 OR-010492 ID NUMBER COMPANY OWNER LAST NM VALUATION54734300SULLIVAN'S UTILITY SERVICE SCHMITT .0054775649RITTER EXCAVATING BOWER .0000000000JOHNSON.0054722316COPPIN PLBG SMITH .0054791762HAYES EXCAVATING .00 89411138 AQUA ENGINEERING, INC.SCHOMMERS .00 86840222 HOME SERSVICE IRRIGATION WILTZ .00 84721306 ENVIRONMENTAL LANDFORMS NORMAN .00 86840222 HOME SERSVICE IRRIGATION STARK .00 86840222 HOME SERSVICE IRRIGATION POLY .00 89411138 AQUA ENGINEERING, INC.JACOBS .00 89411138 AQUA ENGINEERING, INC.LAUER .00 85352731 HOME SERVICE IRRIGATION ROOD .00 00000000 ZELL .00 84498779 LAND APPEAL INC.FELDMANN .00 00000000 BRUCE .00 00000000 MARTINEAU .00 00000000 OLSEN .00 19728150 HAGE DESIGN/C.L.I.HOLCOMBE .00 2,652,161.25* MON, AUG NUMERICAL 1PERMIT NBROR-010279 OR-010356 OR-010385 OR-010431 OR-010432 OR-010434 OR-010442 OR-010443 OR-010444 OR-010445 OR-010446 OR-010447 OR-010448 OR-010449 OR-010450 OR-010451 OR-010452 OR-010453 OR-010454 OR-01045S OR-0104S6 OR-010457 OR-010459 OR-010460 OR-010461 OR-010462 OR-010484 OR-010465 OR-010466 OR-010467 OR-010468 OR-010469 OR-010470 OR-010471 OR-010472 OR-010473 OR-010474 OR-010475 OR-010476 OR-010477 OR-010478 OR-010479 OR-010480 OR-010481 OR-010482 OR-010483 OR-010484 OR-010485 OR-010486 OR-010488 OR-010489 OR-010490 OR-010491 OR-010492 MON, AUG 3, 1998, 3:09 PMNUMERICAL LISTING JULY 1998PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM PAGE 1 VALUATION1614613265OTTING HOUSEMOVERS RENDER .002114701102HAUGDAHL CONSTRUCTION INC HIGGINS 19,420.000400000000OKERSTROM16,500.00 05 00000000 SHOLL 10,000.00 08 00000000 KEMNA 2,250.00 22 00000000 BRUCE .00 29 19357789 KENNETH DURR ASSOC MADDOCKS 32,000.00 21 14577043 MCCARTY MOMES MCDONALD 3,000.00 29 35908108 QUALITY 1ST HTG/COOLING MARTINEAU 13,000.00 29 14783133 RE CREATIONS WILBUR 4,000.00 06 15570268 GUSTAFSON REMODELING URBAN 5,000.00 01 35378491 SUPERIOR CONTR INC BLOCCKER 4,150.00 01 35531445 GUYERS BUILDERS EXPRESS ANDREA 1,000.00 01 35453797 FIREPLACE CENTER LURTON 2,000.00 30 00000000 1,000.00 06 00000000 ERICKSON 3,000.00 02 00000000 GASNER 500.00 29 00000000 SERENA 40,000.00 29 00000000 BROWN 2,500.00 01 25370959 GADTKE PLUMBING KIERNAN 13,000.00 06 00000000 LIEBSCHER 2,040.00 29 19202400 STICKS & STONES DESIGN MONGE 3,500.00 06 00000000 AFFELDT 2,240.00 06 15442255 HOME SPECIALIST INC SCHAWNEEY 2,940.00 11 14217726 LUNEMANN MIKE CONST SPEETER 2,500.00 22 00000000 MARTINEAU .00 01 89411130 AQUA ENGINEERING, INC.SCHOMMERS .00 19 00000000 150,000.00 11 18882225 PLEKKENPOL BUILDERS INC CAJACOB 6,300.00 01 24750296 WELD, DON PLUMBING WILTS 350.00 01 54775649 RITTER EXCAVATING VOLBY .00 01 54775649 RITTER EXCAVATING VOLBY .00 01 86840222 HOME SERSVICE IRRIGATION WILTZ .00 01 14040600 JYLAND DEVELOPMENT STROBEL 500,000.00 24 29296767 NEU PLUMBING DANZINGER 4,500.00 24 25518990 LE VAHN BROS INC DALE 4,500.00 22 00000000 OLSEN .00 11 14726539 SMITH WF ROOFING MAUS 5,075.00 01 29360027 AFFORDABLE PLBG (■ HTG NORMAN 400.00 01 84721306 ENVIRONMENTAL LANDFORMS NORMAN .00 01 54461495 WIDMER BROS INC LUNDSTROM .00 01 14793216 SCHOENING JOHN MYERS 200.00 29 19390800 PARAGON DESIGNER k BLDRS DANZIGER 30,000.00 01 00000000 BOWER .00 01 86840222 HOME SERSVICE IRRIGATION STARK .00 01 24750296 WELD, DON PLUMBING STARK 300.00 21 00000000 BRICKMAN 2,000.00 10 13915514 MINNESOTA EXTERIORS LANDON 6,754.00 30 00000000 SEABOLT 500.00 01 25370959 GADTKE PLUMBING KIERNAN 7,200.00 29 14745941 BLAISE WATSON CARPENTRY BIDWELL 8,000.00 11 14726539 SMITH WF ROOFING CORNWALL 6,500.00 04 14793038 GRAVELLE, STEPHEN WEILER 10,700.00 31 19720150 HAGE DESIGN/C.L.I.HOLCOMBE .00 OR-010279OR-01035GOR-010385 OR-010431 OR-010432 OR-010434 OR-010442 OR-010443 OR-010444 OR-010445 OR-010446 OR-010447 OR-010448 OR-010449 OR-010450 OR-0104S1 OR-010452 OR-010453 OR-010454 OR-010455 OR-010456 OR-010457 OR-010459 OR-010460 OR-010461 OR-010462 OR-010464 OR-010465 OR-010466 OR-010467 OR-010468 OR-010469 OR-010470 OR-010471 OR-010472 OR-010473 OR-010474 OR-010475 OR-010476 OR-010477 OR-010478 OR-010479 OR-010480 OR-010481 OR-010482 OR-010483 OR-010484 OR-01048S OR-010486 OR-010488 OR-010489 OR-010490 OR-010491 OR-010492 98/07/10 N 98/07/16 N 98/07/06 N 98/07/02 N 98/07/01 N 98/07/02 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/01 N 98/07/02 N 98/07/02 N 98/07/07 N 98/07/06 N 98/07/02 N 98/07/06 N 98/07/07 N 98/07/02 N 98/07/20 N 98/07/02 N 98/07/02 N 98/07/02 N 98/07/02 N 98/07/06 N 98/07/06 N 98/07/06 N 98/07/06 N 98/07/07 N 98/07/13 N 98/07/07 N 98/07/07 N 98/07/09 N 98/07/08 N 98/07/08 N 98/07/08 N 98/07/08 N 98/07/08 N 98/07/08 N 98/07/09 N 98/07/09 N 98/07/09 N 98/07/10 N 98/07/20 N 98/07/10 N 98/07/13 N 98/07/13 N 98/07/13 N 98/07/13 N 98/07/14 N 13653017770 41G0 1110 2205 450 3265 2565 1410 1790 458 2975 3135 2240 55 884 4607 2685 1491 45 3444 4765 25 659 2565 2106 2500 1600 2460 1960 1960 2460 525 801B 4085 3580 3700 2058 2058 3155 1380 801 1080 575 580 2818 1375 1800 1491 835 1200 1135 1056 TONKAWA RD NORTH SHORE DR TONKAWA RD WATERTOWN RD WILLOW DR S ABINGDON WAY OLD LONG LAKE RI BOHNS PT LA NORTH SHORE DR CHERRY PL SHADYWOOD RD LINDEN AVE SOMERSET LA JAMESTOWN RD NORTH SHORE DR GOLDEN VIEW DR DAKOTA AVE WATERTOWN RD SHADYWOOD RD SHORELINE DR MYRTLEWOOD RD EASTLAKE ST TONKAVIEW LA CYGNET PL MINNETONKA HGLD NORTH SHORE DR SUGARWOOD DR SHADYWOOD RD LONG LAKE BLVD THOROUGHBRED LA LAKEVIEW TER LAKEVIEW TER THOROUGHBRED LA HUNTER PASS TONKAWA RD WATERTOWN RD BAYSIDE RD BAYSIDE RD SHORELINE DR SHORELINE DR CASCO CIR FOX ST TONKAWA RD BROWN RD N OXFORD RD OXFORD RD CASCO POINT RD VINE PL SHADYWOOD RD SHORELINE DR WINDJAMMER LA LYMAN AVE NORTH ARM DR LOMA LINDA AVE MON, AUG 3, 1990, 3:09 PM PAGE 2NUMERICAL LISTING PERMIT NBR ISSUED JULY 1998CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONOR-010493OR-010494OR-010495OR-010496OR-010497OR-010498OR-010499OR-010500OR-010501 OR-010502 OR-010503 OR-010504 OR-010505 OR-010506 OR-010508 OR-010509 OR-010510 OR-010511 OR-010512 OR-010513 OR-010514 OR-010515 OR-010516 OR-010517 OR-010510 OR-010519 OR-010520 OR-010521 OR-010522 OR-010523 OR-010524 OR-010525 OR-01U526 OR-010527 OR-010526 OR-010531 OR-010532 OR-010533 OR-010534 OR-010535 OR-010536 OR-010537 OR-010538 OR-010539 OR-010540 OR-010541 OR-010542 OR-010543 OR-010544 OR-010545 OR-010546 OR-010547 OR-010548 OR-010551 98/07/14 N 98/07/15 N 98/07/20 N 98/07/15 N 98/07/15 N 98/07/21 N 90/07/16 N 98/07/16 N 90/07/16 N 98/07/16 N 90/07/16 N 98/07/16 N 90/07/16 N 90/07/16 N 90/07/17 N 98/07/17 N 98/07/17 N 98/07/17 N 98/07/17 N 98/07/20 N 90/07/17 N 98/07/1^^ N 90/07/17 N 98/07/17 N 98/07/17 N 98/07/17 N 90/07/20 N 90/07/20 N 90/07/20 N 98/07/20 N 98/07/21 N 98/07/22 N 90/07/22 N 90/07/22 N 90/07/22 N 90/07/23 N 98/07/23 N 90/07/23 N 98/07/23 N 98/07/24 N 98/07/24 N 98/07/27 N 98/07/27 N 90/07/27 N 98/07/28 N 90/07/20 N 98/07/20 N 98/07/28 N 98/07/20 N 90/07/29 N 90/07/29 N 98/07/29 N 98/07/30 N 98/07/30 N 220516553091170050935406273205465 2795 905 4085 2205 3155 1390 205 3510 1390 140 3770 45 1475 615 2300 1475 970 055 1304 3060 45 1740 1525 1080 4520 3265 3225 3200 3450 4605 4355 2000 250 4265 170 405 3680 1940 835 3211 3850 3560 123 3498 2829 ABINGDON WAY BOHNS PT RD FARVIEW LA SHORELINE DR FERNDALE RD N NORTH SHORE DR FERNDALE RD N CARMAN RD HUNTER PASS CASCO POINT RD FERNDALE RD W WATERTOWN RD ABINGDON WAY CASCO CIR REST PT RD HOLLANDER RD NORTH SHORE DR REST PT RD HACKBERRY HILL BAYSIDE RD MYRTLEWOOD RD SHORELINE DR ORCHARD PK RD OLIVE AVE SHORELINE DR FOREST ARMS LA FOREST ARMS LA BALDUR PARK RD CHERRY AVE MYRTLEWOOD RD SHADYWOOD RD LONG LAKE BLVD BROWN RD N WEST BRANCH RD BOHNS PT LA BAYSIDE RD NAVARRE LA NORTH SHORE DR WATERTOWN RD BAYSIDE RD SHADYWOOD RD OLD CRYSTAL BAY RD FOREST LAKE DR WEAR LA N ORONO ORCHARD RD S NORTHERN AVE COUNTRY CLUB RD WINDJAMMER LA BAYSIDE RD BAYSIDE RD IVY PL CHEVY CHASE DR NORTH SHORE DR CASCO POINT RD 01 8604022201 1915132006 1435542401 0941113001 0941113821 1920800004 1474237606 1869774909 15429000 01 29337200 01 29337200 01 24242646 01 24750296 01 24750296 29 00000000 24 24490147 11 00000000 11 00000000 02 27863951 01 34461449 24 34458585 01 00000000 01 34791600 01 24638220 01 54734300 06 00000000 11 19333536 11 00000000 11 14721321 01 20274033 29 14738000 11 14719065 01 54775649 02 38884618 11 10810232 09 15429000 01 05352731 21 00000000 10 00000000 17 00000000 11 15120110 29 14747121 11 14042984 10 00000000 01 14445353 01 00000000 01 onoooooo 24 24738403 15 00000000 01 24724959 11 19333536 01 34735488 21 14734954 29 14730S32 HOME SERSVICE IRRIGATION STONEHENGE CONSTRUCTION STEVE DAHL CONST AQUA ENGINEERING, INC.AQUA ENGINEERING, INC.WESTERN CONSTRUCTION COPATRICK HANILY k ASSOC INCKERMIT BRUNELL REMODELINGDALPHIN POOL k SPA CULLIGAN CULLIGAN BREDAHL PLBG WELD, DON PLUMBING WELD, DON PLUMBING CUSTOM PLUMBING, INC. GRABOW PLUMBING INC WATERTOWN SHEET METAL INC RON’S MECH INC COUNTRYSIDE HTG A/C STATE MECHANICAL INC SULLIVAN'S UTILITY SERVICE COTY CONSTRUCTION HINCK MIKE NORBLOM PLUMBING CO BURNEVIK COMPANY INCLINE ENTERRISES RITTER EXCAVATING DIVERSIFIED MECHANICAL SUBURBAN EXTERIORS DALPHIN POOL k SPA HOME SERVICE IRRIGATION ROELOFS REMODELING k RENOV LAKE COUNTRY BUILDERS METRO HANDYMAN YERIV.AN CONSTRUCTION CO DAY EARL W k SONS WESTONKA MRCH CONTRACTORS COTY CONSTRUCTION MAYER DISTRIBUTING BETZ BUILDERS INC DANBERRY COMPANY POLYNEWMANMIGLIORIJACOBSLAUERPETTIPIECEJOHNSONMOLSATHER POLEY WALSH KELSEY HART WALSH GLEASON STEPHENS LIEBSCHER SCHMITT LANG SCHMITT LANGE CARLSON VERSTEEG NEVERS LIEBSCHER SWANSON WENDT BOWER EASTMAN MCDONALD SHELDON ROOD ODDEN SERENA WHITE WELLS THOMPSON KALWEIT BERKEY HAMM ZELL JOHNSON BIDWELL LUNDELL MADSON CHRISTENSON BLANKENSHIP CARLSON PETERSON .00950.000. 00 12,000.00.00.007.000. 0042.500.008.000. 00 20,000.00 1,000.00 1,000.00 4.300.00 350.00 .00 2.308.00 768.00 2.500.00 800.00 9.500.00 17.755.00 5,000.00 .00 2.507.00 4.000. 00 .00 1.450.00 7.302.00 1.000. 00 3,000.00 1,000.00 600.00 5.500.00 .00 1.850.00 27.000. 00 20.000. 00 .00 5,587.50 1.500.00 .00 5.500.00 7.500.00 7.500.00 1.400.00 200.00 .00 .00 2.300.00 2,000.00 6.995.00 8.221.00 1,588.75 147,500.00 120.000. 00 MON, AUG 3, 1998, 3:09 PM PAGE 3NUMERICAL LISTING JULY 1998PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATIONOR-010552 98/07/30 N 2314 SHADYWOOD RD 01 25218835 RANDY LANE k SONS PLBG MORKRID 600.00OR-010553 98/07/30 N 1991 EAGERNESS POINT RD 01 34748366 ABEL/B St C INC MILLIRAN 8,910 00OR-010554 98/07/30 N 1940 COUNTRY CLUB RD 01 54722316 COPPIN PLBG SMITH . 00 OR-010555 98/07/30 N 345 SPRING HILL RD 01 29723401 GENERAL PLUMBING St HEATING FELDMANN 300.00 OR-010556 98/07/30 N 155 TRUFFULA TR 01 29723401 GENERAL PLUMBING St HEATING CORRIGAN 300.00 OR-010557 98/07/30 N 4725 BAYSIDE RD 01 54791762 HAYES EXCAVATING . 00 OR-010558 98/07/30 N 140 GOLDEN VIEW DR 01 27844792 HOKANSON PLUMBING INC 14,500.00 OR-010559 98/07/30 N 1301 NORTH ARM DR 01 34791600 COUNTRYSIDE HTG A/C ROBERTS 1,900.00 OR-010560 98/07/30 N 345 SPRING HILL RD 01 84498779 LAND APPEAL INC.FELDMANN . 00 OR-010561 98/07/30 n 250 WAKEFIELD RD 01 39414211 KLEVE HTG Sc AC BASZUCKI 2,500.00 OR-010562 98/07/31 N 2430 NORTH SHORE DR 01 34732267 SABRE HEATING St AIR CONDIT SCHOEN 3,090.00 OR-010563 98/07/31 N 1491 SHORELINE DR 01 36899181 CONWAY MECHANICAL KIERNAN 27,500.00 OR-010564 98/07/31 N 1120 COX FARM RD 01 00000000 HILLIER 185,000.00 121C • < •01 Residence 2402Addition2503Garage/Attached 2604Garage/D(itached ..27 05 Porch 28 06 Deck 29 07 Fence 30 08 Gazebo 31 09 Pool 32 10 Re-side 33 11 Re-roof 34 12 Tennis Court 13 Sign 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Storm Damage Repair 22 1-100 Cubic Yards 23 101 Cubic Yards or More 99 Undefined LOCAL USB CODES 9999 Undefined Replacing Existing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal JULY 1998REPORT NBR. BPRMTISS-1 DATE OP RUN Oe/03/98PERMIT TYPEUser Defined SUBDIVISION VARIANCE CUP VARIANCE/CUP VACATION Sub-total Grand-total QTY281 2 0 13* 13** ♦♦*** PERMIT ISSUED REPORT ♦***• CITY OP ORONO-- CURRENT RANGE - 07/01/98 - 07/31/98BASE PEE700.00 2,050.00250.00 500.00 0.00 3,500.00* 3,500.00** VALUATION0.000.000.00 0.00 0.00 0.00* 0.00** PLAN REVIEW000 0 0 0 000000 00 00 00* QTY 0.00** 231 0 2 8* 8** PAGE: 1REQUESTER: CAROLE-- PREVIOUS RANGE - 07/01/97 - 07/31/97BASE FEE1,617.50710.00 0.00 0.00 500.00 2,827.50* 2,827.50** VALUATION000 0 0 000000 00 00 0.00* 0.00** PLAN REVIEW000 0 0 0 000000 00 00 00* 0.00** REPORT NBR. BFEERPT2-1 DATE OP RUN 08/03/98 ** PERMIT FEE REPORT CITY OF ORONO FROM 07/01/98 TO 07/31/90 . * • * •PAGE: 1 REQUESTER: CAROLE USER REPORT TOTAL BASE PEE 3,500.00 3,500.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 3,500.00 3,500.00 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist, Janice Berg, Lili McMillan; Charles Schroeder was absent. The following represented the City Staff: Senior Planning Coordinator Michael Gaffron, City Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES. 6:35 p.m. - 6:55 p.m. Mr. and Mrs. Kirk Otteson were present. Van Zomeren stated this application was considered at the June 15. 1998 meeting and was tabled to allow the Applicants time to submit revised plans that propose to add an addition to the existing residence. The Applicants are proposing to add a second floor to the existing residence which requires variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250’ range. The proposed structure meets all the required height requirements and does not impact significantly on the bluff line. Van Zomeren noted the existing hardcover is 24.15 percent, with the allowed hardcover being 32.19 percent. The Applicants had proposed eliminating the sidewalk and a portion of the driveway turnaround to reduce hardcover, but due to safety concerns. Staff recommends the sidewalk and the driveway turnaround be allowed to remain. Chair Smith inquired what the proposed hardcover was for the first plan calling for an addition to the house. Van Zomeren stated the first plan called for hardcover of 29.4 percent. Chair Smith noted the hardcover under the revised plan is 27 percent. There were no public comments. Stoddard moved, Lindquist seconded, to approve Appiication #2368 allowing a second floor to be added to the existing residence located at 710 North Arm Drive and to grant variances for average lakeshore setback, bluff setback, and hardcover in the 75'>250* setback. NO VOTE TAKEN. Chair Smith inquired of the Planning Commission whether they would like to consider adding a stipulation to the motion restricting further hardcover. Stoddard replied he would like that item to be discussed as a group before a decision is made concerning this property. Page 1 r ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Kirk Otteson, continued) Lindquist stated if the property is over the hardcover limit, a restriction should be placed against the property restricting further hardcover. Hawn noted agreement. Stoddard amended his motion by adding the stipulation that no additional hardcover will be allowed on this property. Shirley WIckman stated the Planning Commission is inconsistent in their applying of hardcover restrictions and perhaps should consider adopting a blanket policy to handle future hardcover requests. Stoddard noted the Planning Commission and City Council have held a joint meeting to discuss hardcover requests, and the concensus was to be more conservative in granting variances to hardcover. Chair Smith commented some hardship aspects of the property warrant additional discussion and review by the Planning Commission. Overall the Planning Commission is trying to honor the existing codes on the books and to be as consistent as possible. Chair Smith said it is the Planning Commission ’s intent to put those property owners on notice who have exceeded the hardcover limit by restricting additional hardcover. Otteson stated he understands the stipulation. Hawn moved, Lindquist seconded, to add a stipulation to the motion calling for no further hardcover for the property located at 710 North Arm Drive. VOTE ON AMENDMENT AND MOTION: Ayes 6, Nays 0. (#2) 2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCES AND CONDITIONAL USE PERMIT. 6:55 p.m. - 7:13 p.m. Mr. and Mrs. Gary O’Keefe were present. Gaffron reported that the Planning Commission previously reviewed the application at its May 18 and June 15,1998 meetings. The Planning Commission recommended the Applicants limit hardcover to 25 percent in the combined 75 ’-250 ’ and south 0-75 ’ zones. The Applicants were also requested to submit a revised grading plan. Gaffron stated the Applicants have submitted a revised plan calling for a total hardcover of 5,725 square feet which meets the Planning Commission ’s recommendation from the last meeting. The revised plan calls for a newly constructed one-story home with an attached three stall garage, and the Applicants are requesting a variance to the hardcover to add an additional 300 square feet of patio, which would yield final hardcover of 6,025 square feet or 26.3 percent. Minor grading is proposed in the north 0 ’-75 ’ zone to blend contours from old foundation to new home. The grading plan needs to be further defined if revisions are still planned along the north 0 ’-75 ’ lot line. The Applicants are also proposing to construct an optional retention pond in the south 0 ’-75 ’ zone for potential mitigation of additional hardcover. Gaffron commented this new proposal meets the Planning Commission’s recommendations from the prior meeting, and Staff is comfortable with the revised plan Gaffron noted Resolution No. 2831 adopted back in 1990 granted variances to this property and contained language in the resolution which led the Applicant to conclude that he was entitled to more Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Gary O'Keefe, continued) hardcover than what is being recommended by the Planning Commission. Hardcover back In 1990 without the two zones being combined was at approximately 6,800 square feet. Chair Smith questioned whether Staff had any concerns regarding the drainage for this property. Gaffron remarked Staff is comfortable with what is being proposed. Mike Sharratt, Architect, stated the O'Keefe’s have reduced hardcover by eliminating the patio and a portion of the driveway, but would like the Planning Commission to consider allowing a retention pond as mitigation in exchange for additional hardcover. Chair Smith commented the architect has done a marvelous job in bringing the plans into compliance, but stated the size of the house could be reduced to allow for the patio. Chair Smith asked for public comment. Mark Versig, neighbor, commented he is aware and in favor of what the O’Keefe’s are proposing to do, noting that the drainage problems should be alleviated by the proposed grading. Sharratt stated what is currently being proposed is the best plan for this property. Gaffron stated he is in favor of the retention pond but is not convinced it should be used as mitigation for additional hardcover. McMillan stated she would not be in favor of additional hardcover in exchange for the retention pond since it would be setting a dangerous precedent, but felt the retention pond would be an ideal solution to the drainage issue. Lindquist stated he was in favor of the proposed plan with the exclusion of the patio. Stoddard noted the size of the house or the driveway could be reduced to allow for the patio. Sharratt remarked it would not be feasible to reduce the driveway any further. Sharratt commented if the hardcover is limited to 25%, he would not recommend reducing the size of the house to allow for the patio. Chair Smith staled she is in favor of keeping the hardcover at 25 percent, noting the owner will need to decide whether the patio is desired. Hawn stated she also was in favor of limiting the hardcover to 25%. Gaffron commented if the O’Keefe’s decide to add a retention pond, that would need to be done under a separate application. Lindquist moved, Smith seconded, to approve Application #2370, granting a conditional use permit for grading within 5’ of a lot line and within the 0-75’ lakeshore protected area to permit construction of a new residence to replace the existing residence for the property located at 1392 Baldur Park Road, with the understanding hardcover will be limited to 25% In the combined 75-250’ and south 0-75’ zones with no additional hardcover being allowed. Per the request of the O’Keefe’s, the patio will be eliminated. VOTE: Ayes 6, Nays 0. Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 SCHEDULED PUBLIC HEARINGS (#3) #2388 W. WYATT MOE, 1220 LOMA LINDA AVENUE AND 1230 SPRUCE PLACE - VACATION, 7:13 p.m. - 7:18 p.m. Mr. and Mrs. Moe were present. Gaffron stated the Applicants are requesting that the City vacate a portion of Portland Place lying between Blocks 1 and 2 of Saga Hill Revised. Gaffron gave a brief history regarding the prior attempts at vacating a portion of Portland Place, noting that the title examiner has questioned the validity of the 1979 vacation since no documentation was found that a public hearing was held prior to the vacation. Staff recommends approval of the vacation for that portion of Portland Place from the north end of the Udell's lot down to the south side of the Moe property, Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated. The Applicants had no comment. There were no public comments. McMillan moved, Smith seconded, to approve Application #2388, granting the vacation of Portland Place located between Blocks 1 and 2, Saga Hill Revised, subject to the condition that Moe and Udell grant necessary utility easements to the City over the portions of Portland Place to be vacated and to grant any other utility easements if determined necessary by the utility companies. City Council is to determine whether a refund of the vacation fee is warranted. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#4) #2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT (#5) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT (#6) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT (#7) #2387 BUSSE CONSTRUCTION ON BEHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE - CONDITIONAL USE PERMIT, 7:18 p.m. - 7:25 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Van Zomeren stated these aoplications deal with the request by Busse Construction to haul in fill on these properties which requires a conditional use permit. Busse Construction is currently working on the County Road 6 project for Hennepin County. City Staff recommends approval of the conditional use permits subject to septic testing before any fill is filled in and subject to properly installing vegetation at the time the land alteration is completed. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Busse Construction, continued) Staff has reviewed the sites and has found no drainage concerns. Patrick Brazil, Busse Construction, stated the Coigrove property probabiy wiil not be used. There were no public comments. Van Zomeren noted the land alterations are permanent. Van Zomeren recommended approving all four applications in the event the Coigrove property is needed. Lindquist moved, McMillan seconded, to approve Applications #2381, #2382, #2386, and #2387, Busse Construction on behalf of James Johnson and Charles Larson, 4300 Watertown Road and 4285 Sixth Avenue North; Tim Otten, 425 Turnham Road; Katherine Coigrove, 4260 Sixth Avenue North; and Bob Gehrman, 4300 Sixth Avenue, subject to testing of the septic systems prior to commencement of any hauling of fill, and further subject to the condition that vegetation is properly installed on the properties following the land alteration. VOTE: Ayes 6, Nays 0. (#8) #2385 STEPHANIE KROEGER, 3465 CRYSTAL PLACE - VARIANCES, 7:26 p.m. - 7:33 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Stephanie Kroeger was present. Weinberger stated the Appiicant is proposing to tear down an existing one stail garage with attached storage to construct a new two stall garage in the same location which requires a variance from rear and side yard setbacks and a second variance from hardcover requirements within the 500' to 1000' lakeshore distance. Totai hardcover for this property is 52.2% or 3,466 square feet. After construction totai hardcover wouid be reduced to 48.6%, which is a 3.6% decrease. Weinberger noted the Appiicant shares the driveway with the adjoining property. Staff recommends apj ; val of the variances from rear yard setback and side yard setback requirements to allow « Ihi ee foot setback for the construction of a garage to replace the existing garage, with denial of the valance from hardcover requirements within the 500' to 1000' lakeshore setback based on the exces.: hardcover on the property. Ms. Kroeger stated the present hardcover consists primarily of living space which rests on a small lot. The driveway is split down the middle. Weinberger noted the overall hardcover will be reduced after construction, but still exceeds the 25% limit. Hawn stated she feels the present hardcover is high, noting the owner is proposing to build on previously existing hardcover. Hawn commented the Applicant requires all the variances to construct the new structure, which will result in a better situation as far as total hardcover is concerned, and is in favor of the application McMillan stated she was in favor of the application, noting there is a hardship. Chair Smith stated the proposed structure is in keeping with the rest of the neighborhood. Page 5 r ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20, 1998 (02385 Stephanie Kroeger, continued) Lindquist stated he does not have a problem with the application. There were no public comments. Hawn moved, Berg seconded, to approve Application #2385, granting of variances from rear yard setback and side yard setback requirements to allow a three foot setback for the construction of a garage to replace the existing garage located at 3465 Crystal Place, and to grant a variance from hardcover requirements within the 500’ to 1000* lakeshore setback which will reduce the present overall hardcover, with the stipulation that no further hardcover will be allowed up to the structural coverage of 1,500 square feet. VOTE: Ayes 6, Nays 0. (#9) #2389 DANIEL J. KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT, 7:33 p.m. - 7:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kluth were present. Weinberger stated the Applicants are requesting a conditional use permit for a guest house that will be used as a game building. The Applicants are pmposing to install plumbing, consisting of one toilet and one sink, into the structure. A building permit was issued on June 10. 1998, to construct the building as an accessory structure, which is a permitted use. A conditional use permit is required for the plumbing. The Applicants' lot consists of 2.71 acres, which requires a variance from minimum lot size. In order to support a guest house, a minimum of four acres is required in the LR-1A zoning district. This structure should have low impact to the surrounding neighborhood as it is being constructed on a very wooded lot. Mr. Kluth stated the proposed building is a two-level building with a full-length basement. The structure will be used solely for the purpose of a game building. Kluth commented he does not view the structure as a guest house since people are not going to sleep there, and was unaware of the 50 setback required for a guest house before construction was commenced. Stoddard noted his house was cited in the history as having a guest house, which was pre-existing at the time the conditional use permit was applied for and already had plumbing installed. The conditional use permit simply made it legal in the eyes of the City. Stoddard noted the Planning Commission will be reviewing an amendment to the guest house ordinance later in the meeting to deal with these accessory structures that have plumbing. Chair Smith noted there are several other properties in Orono with accessory buildings. Van Zomeren remarked a conditional use permit is required whenever plumbing is installed and the structure can become habitable. McMillan inquired whether the existing septic system can accommodate the additional bathroom. Kluth stated the septic system has been inspected by Steve Weckman and will be able to accommodate the additional bathroom. The present residence is a four-bedroom house. Van Zomeren stated the property is probably sized for a five bedroom house. Stoddard stated he does not have a problem with the application, noting this type of application is Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (#2389 Daniel Kluth, continued) becoming more common. Hawn remarked the ordinance needs to be addressed regarding guest structures before a decision can be made on this application. Hawn noted the Planning Commission and City Council has previously informed people that the plumbing has to be removed in several cases where a new structure was being proposed to prevent that accessory building from becoming a dwelling unit. Kluth stated the structure will not be used as a dwelling unit. Hawn commented once plumbing is installed, the structure could be used as a dwelling unit in the future which is difficult for the City to enforce. Hawn stated the City Council should have an opportunity to review the ordinance before a decision is made on this application. McMillan noted a shower cou'd be installed in the unit without the City knowing about it. Lindquist suggested tabling the application until the ordinance could be reviewed. Chair Smith asked if the building was considered a garage with no plumbing, would any variances be required. Weinberger stated no variances would be needed if the structure was constructed without plumbing. There were no public comments. Lindquist stated the Planning Commission will either deny the application or table it until the ordinance is reviewed. Lindquist suggested the plumbing could be roughed in and not installed. Kluth inquired whether his application could be heard after the ordinance was reviewed later this evening. Lindquist commented the City Council needs to approve the ordinance after it is reviewed by the Planning Commission, and suggested the Applicant proceed with the construction of the structure without the plumbing. Kluth inquired what would happen if the application is tabled. Van Zomeren stated the Applicant would need to agree to a 60 day extension, noting the present ordinance does not adequately address this issue. McMillan requested Staff prepare a report regarding the septic system. Kluth agreed to the extension Lindquist moved, Smith seconded, to table Application #2369, for property located at 2801 Fox Street, with the understanding the Application will be extended an additional 60 days as of August 22,1998. VOTE: Ayes 6, Nays 0. (#10) #: 390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCES, 7:56 p.m. - 8:28 p.m. The C'..rtificale of Mailing and Affidavit of Publication were noted. t age 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20. 1998 (#2390 David Rahn, continued) Mr. Rahn was present. Van Zomeren stated the Applicant is requesting a hardcover variance in the 75-250 ’ setback to construct a double garage, retaining wall, and driveway. Variances to the side yard, hardcover and lakeshore setback were granted in 1997 to change a cabin into a residence. A conditional use permit was also granted to allow for land alteration in the 0-75' setback, with a portion of the lot being located below the flood plain elevation. Van Zomeren noted currently there is 792 square feet of existing hardcover in the 75 ’-250' zone and 1,320.75 square feet of hardcover in the 0-75* zone. The total allowed hardcover for this property is 1.978 square feet or 25%. The proposed hardcover totals 3,797 square feet, which represents more than what the previous City Council resolution allows. Staff did not make a recommendation regarding this application. Rahn reviewed the minutes of the July 14.1997 City Council meeting, noting he was not aware of the hardcover restrictions until recently. Rahn stated Mayor Jabbour recommended approval contingent upon no additional variances to hardcover, with the allowed hardcover being cited at 1,978 square feet. Later in the meeting the hardcover was reduced by 1,300 square feet. Rahn stated 652 square feet of hnrdcover is allowed under structural. If hardcover is limited. Rahn stated he would construct a garap-? without a driveway. There were no public comments. j:ommented this is a unique property where the owner has converted a cabin into a resideii > Chair Smith raised concerns about the need for correct hardcover numbers reganJir his property Van Zomeren noted Staff is making copies of the minutes from the July 14.1997 City Council meeting for review by the Planning Commission. Rahn stated he had the understanding he would have 1.000 square feet of hardcover remaining before construction of the garage. Van Zomeren stated the City Council granted a variance from hardcover in the 0-75 ’ zone allowing an increase in hardcover from 9% to 19%. a variance to the side yard setback, and a conditional use permit for land alteration subject to the following conditions: no new hardcover will be allowed in the 0-75 ’ setback, with any new hardcover in the 75 ’-250 ’ zone being reduced by the amount of hardcover in the 0-75 ’ zone. Van Zomeren stated the overall hardcover for this property is restricted to the amount allowed in the 75 ’-250 ‘ zone. Chair Smith noted the two zones were combined into one. Rahn remarked he could construct a 24 by 26 garage without a driveway. Rahn stated he presently has no storage on his property and would like to construct an accessory building. McMillan commented setbacks need to be maintained, Hawn stated the City Council addressed this property quite recently, noting the decision should be made by the City Council whether the resolution should be amended. Hawn remarked the current proposal is outside the recommendations of the City CouitC'J. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2390 David Rahn, continued) Chair Smith suggested the application may need to be revised because the garage cannot be acceded without a driveway, noting the Applicant has 657 square feet of available hardcover purchased Applicant knew the restrictions of the lot when the property was floodplakf stated the Applicant is allowed to go closer to Rest Point Road to stay out of the Applicant, and inquired whether he would like the matter tabled to allow him to submit revised plans. Rahn stated he would like the matter to be put before the City Council. Chair Smith noted the City Council has the option to approve or deny the application. Rahn inquired whether the properly being located in the floodplain would be considered a hardship. Chair Smith stated the Planning Commission applies the codes as uniformly as possible to all properties, noting some properties are not able to accommodate all the wishes of the property owner but have to stay within what is acceptable for the neighborhood and City. ™ Commission is becoming more restrictive on hardcover in an attempt tocomply with the ordinances. lu e”lfseconded, to deny Application #2390 as proposed for property located at 1385 Rest Point Road. VOTE: Ayes 6, Nays 0. (#11) #2392 THOMAS BERSCHEID, 1365 REST POINT ROAD - VARIANCES. 8:28 p.m. - 8:35 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Berscheid was present. Weinberger stated the Applicant is requesting a conditional use permit to construct a detached garage on a through lot and a variance from lot setback requirements for an accessory structure. A conditional use permit is required for accessory buildings located on through lots in R Zoning Districts. u? 'f constructing a loft above the garage with plumbing, and inquired whether It IS permitted under the ordinances. Weinberger stated a conditional use permit will be required for a guest house. Chair Smith stated the Applicant would need to apply for a conditional use permit. Lindquist slated the Planning Commission cannot approve a conditional use permit to install plumbing in an accessory structure at tonight’s meeting. There were no public comments. Weinberger noted the proposed structure meets the lot requirements. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2392 Thomas Berscheid, continued) Stoddard noted the accessory structure cannot exceed the principal structure in height. Berscheid stated the proposed structure is 20 feet in height, which would not exceed the principal structure. Lindquist moved. Hawn seconded, to approve Application «392 granting a conditional use permit to construct a detached garage on property located at 1365 Rest ond,?.“ o* to, 1) the Applicant obtaining a building permit from the City of Orono the garage; 2) the garage is constructed in substantial conformance with the survey May^9,1998, and; 3) the Applicant receives a building permit within one year of City Council granting the conditional use permit. VOTE: Ayes 6, Nays 0. (#12) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD - VARIANCES. 8:35 p.m. - 8:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Kail were present. Van Zomeren stated the Applicants are proposing to remove an existing carport 20 by 20 detached garage. Variances are required for side yard setback to allow the Qarag ^ encroach into the 10 foot required side yard, with a variance for hardcover being required in th 250'-500 ’ setback. Van Zomeren noted this is a substandard lot. less than 1/5 of an ^ area or lot width standards. Existing hardcover is at 39.4 percent, with ^ The existing driveway, which is located on the subject property, also provides access to the adjacent lot. Mrs. Kail stated they would like to remove the shed located at the front of the property and erect a garage where the existing carport is. Chair smith inquired whether Itie existing garage on the adjacent lakeshore property, which is owned by the Kails, could be added onto. Mr. Kail noted that if a stall were added to the existing garage, it would give the garage the appearance of a long barn. Mrs. Kail said she was not opposed to that idea. McMillan noted the properties arp not combined. Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do so in the future. McMillan stated she would be in favor of a oversized one-car garage to replace what is currently there. Mr. Kail commented a sewer line goes through the middle of the property which reduces possible sites for the garage. Mrs. Kail stated a 20 by 20 garage allows for two cars, and inquired whether they could construct a car and a half garage. Page 10 ORONO PLANNING COMMISSION MEETING minutes for JULY 20.1998 (#2393 Richard and Carol Kail, continued) V.n Zomeren stated the typical parkiag stall is 9 b, 20 feet and they could construct a 12 or 14 by 20 fcot garage. McMillan stated she would be in favor of a 12 or 14 by 20 loot garage. Mr. Kail contmented they lost some land when the road was improved in the area. Stoddard staled he would be in favor of a 14 by 20 loot garage. van Zomeren noted there is a required ten foot setback from the house to the garage. McMillan inquired whelher the applicants would be in favor of an attached garage. Mrs. Kail replied no. There were no public comments. Lindquist inquired whether the applicants were comfortable with adding a 14 by 20 loot garage. Mrs. Kail commented a 14 by 20 foot garage is better man what is currently there. Van Zomeren stated the proposed garage would The sfdTyard setback wou?d°be 10 feel. Which is ten feet short of the preferred minimum of 30 feet, i ne sioe y Lindquist stated he would be comfortable with the 10 foot side yard setback and a maximum of 50 additional square feet in hardcover for the driveway. Lindquist moved. Smith seconded, to 2917 Casco Point Road, with the ^ gxii^^ of 50 square feet of hardcover 10 feet off the side yard and rear ^ack®. a ^ removed and replaced will be added for driveway, the existing shed and concrete win with a 14 by 20 foot garage. VOTE: Ayes 6, Nays 0. (Recess was taken from 8:55 p.m. - 9:03 p.m.) (413) 42394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE - VARIANCES, 9:03 p.m. - 9:23 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gory Blmbaum and a representative from C. Peter Pearson Company were present. Van Zomeren stated the Applicants are ^ Avenue to reduce street variance. The Applicants are also me LR-1B, which has a one the amount of hardcover for the driveway. J^.'® ^ ^ ® lots Lot 1 consisting of .51 acres acre minimum lot requirement. The property is compr s and Lot 2 consisting of .38 acres van Zomeren noted the property was granted a lot area variance on November 10.1997. and one of ------------- ' Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2394 C. Peter Pearson Company, continued) the conditions of the Resolution was that no further variances be granted for Lot 1 or Lot 2. The proposed residence, driveway and sidewalk exceed the 25 percent limit for hardcover in the 75’-250' setback. Staff recommends the Planning Commission limit the application to what was previously approved by the City Council. The representative stated if access is granted off of Lydiard Avenue, the hardcover would be reduced to 29.2 percent, and if access if off of Kelly Road, the hardcover would be 33.5 percent, with 25 percent being allowed. There were no public comments. Van Zomeren noted two letters were received by the City, with copies being given to the Applicant. Chair Smith stated one letter is dated July 20 from Dan Griesbach and one dated July 16 from Richard Rice. Chair Smith noted both letters express concerns about access off of Lydiard, citing possible erosion, loss of park habitat, and the road condition of Lydiard Avenue. Chair Smith inquired whether access would be coming off of the public beach. Van Zomeren stated if access is off of Lydiard Avenue, it would be on park property. Van Zomeren noted the Park Commission was not in favor of access off of Lydiard Avenue. Staff is not recommending access off of Lydiard Avenue. Bimbaum stated the fence limit access off of Lydiard is only there for six months of the year and if access is granted, the environment would not be altered. Bimbaum stated the road does not need to be asphalt. McMillan stated she was 100 percent behind the City Council's recommendations, noting the restrictions for this property were known and clearly spelled out when the property was subdivided. Stoddard stated he was not in favor of overruling the City Council's Resolution. Stoddard noted the Park Commission has discussed the possibility of closing Lydiard Avenue year-round. Chair Smith stated if action is taken on the proposed application, the Planning Commission will probably deny it. or the Applicant may wish to have the matter tabled until revised plans can be submitted. Bimbaum stated this property is presently unbuildable with the restrictions imposed. Chair Smith noted the City Council stated they would not grant further variances for this property. McMillan commented the City Council dictated the conditions under which this lot could become buildable and the Applicant needs to comply with those requirements. Bimbaum requested the Planning Commission act upon this application. Smith moved, McMillan seconded, to deny Application #2394 for property located at 2697 Kelly Avenue. VOTE: Ayes 6, Nays 0. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (#14) #2395 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES AND VACATION, 9:'iL4 p.m. - 9:47 p.m. The Certificate of Mailing and Affidavit of Publication vrere noted. Mr. and Mrs. Brent Bentrott \were present. Van Zomeren stated this lot is located in the LR-1B zoning district, which has a minimum of one acre. Van Zomeren stated the applicants are requesting that a 10 foot portion of plaited, but unopened. Bluff Street be vacated to allow an existing deck that is along the west property line to be remodeled into a three-season porch. The vacation is also requested in order to build a new garage that would be accessed from Bluff Street. Variances are needed for hardcover in the 0 -500 setbacks. Variances are also required for the side yard adjacent to street setback from Bluff Street to add the three-season porch, and a variance to the side yard setback for the proposed garage because it is considered an oversized accessory structure. Van Zomeren stated this application is dependent on the vacation, which traditionally have not been granted, and recommended the Planning Commission consider that portion of the application first. Bentrott stated they are proposing to build a new garage which would be located closer to the residence which should help reduce hardcover. Bentrott stated he didnl know a fire lane was considered a road. Mrs. Bentrott slated they would like a portion of the existing deck turned into a three-season porch. Chair Smith inquired what the practical use of the fire lane was. Van Zomeren stated any access off of the lake would need to also be reviewed by the utility companies and the DNR. who would probably deny the request. McMillan stated the Planning Commission might be setting a precedent if the variance is granted, noting she was not in favor of the vacation. Lindquist remarked he does not think realistically this application would be approved as proposed. Bentrott stated they suggested using the fire lane as one option There were no public comments. Chair Smith inquired what would happen if the vacation is denied. Van Zomeren stated if the vacation were not granted, the Planning Commission would be looking at a side yard adjacent to street setback to build right on the property line, no additional hardcover, and the conversion of the deck into a three season porch would be considered a structural change, and at least ten feet would be required between the accessory buildings. Bentrott stated he would be in favor of constructing the garage under 750 square feet and ten feet from the neighbor's building McMillan stated she would be in favor of the three season porch and a redesigned garage with proper setbacks from side yard with no additional hardcover in the 75 ‘-250 ‘ and 250-500 zones. Lindquist stated the garage cannot be constructed right on the property line Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 (#2395 Brent Bentrott, continued) Bentrott commented tne existing deck is currently located right on the property line, which will be removed. Lindquist stated the Applicant probably will be denied the vacation and will have to comply with present hardcover restrictions. Chair Smith suggested the matter be tabled to allow the Applicant to submit revised plans. Bentrott stated he would be fine with tabling the application. Lindquist commented he would be in favor of a 60 day extension from August 22. Van Zomeren stated the City is required to act within 60 days of when the application is submitted Bentrott stated he would be in favor of extending the time limit. Smith moved, McMillan seconded, to table Application 2395 for property located at 1453 Park Drive. VOTE: Ayes 6, Nays 0. (#15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD • VARIANCES, 9:48 p.m. - 9:57 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Morrison were present. Weinberger stated the Applicants are requesting to replace their existing residence with a new house and attached garage. This property is located in the LR-1A zoning district, which requires a minimum of two acres. This lot consists of 1.36 acres. A variance from lot size requirements would be needed as well as a variance from average lakeshore setback requirements. A conditional use permit is also necessary to allow a boat house to remain on the property during the demolition and reconstruction. The boat house would need to remain as an accessory structure and not be occupied while the residence is under reconstruction. No variance to hardcover is required. Staff recommends approval of the application based on the lot being a corner lot and the construction is completed in a timely manner. The Applicants had no comment. There were no public comments. McMillan inquired whether a conditional use permit is needed to allow the accessory structure to remain. Van Zomeren stated a variance is needed to allow the accessory to remain during the reconstruction. Morrison remarked the boat house is really the original gatage of the house. Lindquist commented boat house should be changed to read accessory structure Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2396 Clint and Jodi Morrison, continued) McMillan moved, Hawn seconded, to accessory structure VOTE: Ayes 6, Nays 0. (#16) «2J97 JOE & LESLIE LUCAS. 1060 BROWN ROAD NORTH - VARIANCES. 9:68 p.m. - 10:03 p.m. The Certincale ot Mailino and Aindavil of Publication were noted. Joe Lucas was present. Weinberger stated the subject from Side minimum. The properly consis s of 1.83 ac es. The a u u i;f„1 ?e«e rex^rg^^^^ The zoning district requires a 30 foot side yard setback, problem. Staff recommends approval of the application. Berg commented the property might be situated on a sprtng which could be causing the water problems. back of the property. There were no public comments. Stoddard moved. Hawn seconded, to from side yard setbacks for replacement of g ® ^ additional living drain tile to support the addition currently under construction. ^space for property located at 1060 Brown Road North. VOTE. Ayes , y (#17) ZONING amendment - SECTION 10.03 AND 10.20. RE: PLUMBING IN ACCESSORY STRUCTURES Gaffron reviewed his report dated July 1^6. dealing with plumbing in accessory different accessory structures that consider having various levels ^fght include. 1) staff permit approval could house plumbing The possible range i g restrictions or covenants; and 3) without restrictions; 2) staff permit approval subject to specific council action required for a conditional use permit or variance. Van Zomeren stated currently the ordinance does not address heating of the accessory building. Page 15 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (Zoning Amendment, continued) Gaffron stated the concern with allowing plumbing in accessory buildings is the potential for that building to become a dwelling/rental unit, and perhaps definition of what constitutes a dwelling unit should be addressed to help resolve Staffs concerns. Building inspectors have sug^sted that the adding of a sink and toilet in an accessory building may not necessarily result in a dwelling potential, but adding of a tub or shower along with a toilet and sink can lead to separate dwelling potential. Chair Smith inquired whether requests of this type were becoming more common. U S conhnue^in^t^^ dealing with these requests for the past ten years and anticipates nm?tfd°”^^'^^" suggested the number of accessory structures with plumbing on the properly be Lindquist recommended limiting it to one accessory building with plumbing. Gaffron stated if the buildings are connected by an enclosed walkway, according to the bu'Idino inspector they are considered one structure. McMillan inquired whether the properly owners are subject to sewer assessment for the additional plumbing. Gaffron suggested leaving sewer assessment out of this ordinance, but traditionally the property owner Is assessed a sewer unit for a guest house. ^ ^ i Stc^dard stated the Planning Commission should get some guidance from the City Council on how SAC units should be assessed. Gaffron suggested the matter be tabled to allow the Planning Commission more time to review the proposed zoning code amendment. Hawn suggested Staff define how much abuse of the zoning code needs to be demonstrated before the conditional use permit can be discontinued. Van Zomeren remarked it would be hard to define all the variables and different scenarios. Gaffron noted conditional use permits traditionally go along with the property. Chair Sr^ith suggested the Planning Commission hold a joint session with the City Council to discuss this matter further. Lindquist stated Daniel Kluth is welcome to attend the workshop dealing with the proposed zoning code amendment. Gaffron noted the public hearing dealing with this zoning amendment will be continued to a work session with the Planning Commission. PLANNING COMMISSION COMMENTS Page 16 r ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#18) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON JUNE 22.1998 AND JULY 13.1998 McMillan stated she had nothing to report from the June 22.1998 meeting. Stoddard stated the agreement concerning Big Island has been approved. (#19) OTHER ISSUES FOR DISCUSSION Stoddard commented he would like City Staff to review the height ordinance and to schedule a work session with the Planning Commission to discuss the ordinance. (#20) PLANNING COMMISSION APPROVAL OF MINUTES FOR JUNE 15.1998 Lindquist moved, Hawn seconded, to approve the minutes of the June 15.1998 Planning Commission meeting as submitted. VOTE: Ayes 6, Nays 0. (#21) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JULY 27,1998 AND AUGUST 10.1998 July 27 - Lindquist August 10 - Hawn ADJOURNMENT Hawn moved. Smith seconded, to adjourn at 10:48 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith, Chair Person Page 17 TO: City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone: (612) 473-7357 Fax; (612) 473-0510 mt:>?v >r \ndum DATE: Monday, Auguit 24, 1998 Mayor Jabbour and City Council Members FROM: Liz Van Zomeren, City Planner/Zoning Administrator Minutes regarding David and Jodi Rahn s variance requests in 1997 A Planning Commission-June 16, 1997 B City Council-June 23, 1997 City Council-July 14, 1997 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 16,1997 (ifZ - H2247 Wayne Holmes - Continued) Lindquist moved. Smith seconded, to approve Application #2247 with the understanding that the build’mg cannot be closer than 10' to any property line or other structure, at a maximum of 825 s.f, with retainir 3 walls to be a[‘. J by the City Engineer, and plans submitted to staff prior to constructioa The applicant asked if a separate permit was required for the retaining walls. Gaffiron said it would be part of the building permit approval. Vote; Ayes 5, Nays 0, (#9) #2248 - DAVID AND JODI RAHN, 1385 REST POINT ROAD - VARIANCE - PUBLIC HEARIN G 8:40-9:02 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is a proposal for construction of an addition to an existing cabin to sqi'are off the residence and restore an existing deck and screen porch. The .3 acre property is located in the one acre zoning district. The structure is located in the 0-75' setback. A hardcover variance is required to increase the hardcover fi’om 9% to 19%. Lot area and lakeshore setback variances are required. A conditional use permit for Ian 1 alteration is required for any alteration or excavation in the flood plain and 0-75’ setback firom the shoreline. Van Zomeren reviewed the topography of the property noting that the shoreline contour is at the 924.9’ elevation. The 930 ’ contour follows the lakeshoie; the 932' contour travel -.^s the property, so the middle portion of the lot is considered to be in the flood iain. The concern is where the 931.5' elevation is located. The applicant said he has lived on Wildhurst Trail since 1975. He noted that the five other homes west of this property is evenly setback as proposed for this residence. There were no public comments. Stoddard inquired what the Watershed District's comments vvere. Rahn said the Watershed did not require any mitigation for the entry, deck, and screen porch as there are on post footings. Stoddard suggested relocating the structure to lessen the variances required. Rahn said his history as a contractor and building official relates to his desire to restore the cab ’m with the addition to square h off and has not considered r2location; more flood plain mitigation would be required, and its present location is the high spot on the property. He would like to maintain the character of the property. He noted that in order * move the structure behind the 75' setback would requhe use of a holding area in that setback. Stoddard noted that mitigation can occur elsewhere. attmut ES of the ORONO PLANNING COMMISSION meeting HELD ON JUNE 16, 1997 McMillan asked if the applicant had future plans for a garage, Rahn said he has no plans currently. He noted he built a garage on his present property after living there for a while to get a good sense of the layout and appropriate location for the garage. He indicated the garage would be outside the 0-75’ setback near the street. He s^d he understood he needed a 35' setback. He does not intend to have an attached garage. McMillan noted the cu^ently driveway to be about one cads length. Rahn said he would locate the garage and driveway fiirtlier uphill and close to the 35' setback. Lindquist inquired about having a bathroom located in the flood plain. The applicant said he was not altering anything in the flood plain. • McMillan inquired about the side yard setback. Rahn said the structure would be located 5,3' on the closest comer. Van Zomeren said the constmction on the other side does not increase that side setback. . Smith was informed that the applicant plans on residing in this residence. She asked if he had considered a two-story design rather than expanding out. Rahn said his neighbor expressed concern with a two-stoiy design. The proposed design is one story with a steep pitched roof. Smith said she had a problem supporting a plan with doubling hardcover in the 0-75' and asked for less impact in this setback. Rahn said the current house is 600 s.f and the proposed is at a minimum at 1,300 gross floor area. He noted the residence next door is at a 29% coverage and was built in 1983 which has the same standards as currently exists. He noted a lot line rearrangement in 1961 deemed the property biuldable. There were no public comments at this time. Lindquist noted that buildable properties are allowed 15% structural coverage and the proposal is at 1328 s.f. Concern was voiced with the structure location in the 0-75' but Lmdquist noted there is no other location in which the structure can be located. Lindquist moved, Schroeder seconded, to approve ^plication #2248 for a conditional use permit for land alteration for setback in the flood plain, hardcover at 19%, lakeshore setback as existing, and side setback if necessary. ScliToeder inquired if a side yard setback is requh ed even though no changes are made due to the ori^nal variance required for the property. If necessary, a side yard setback variance would be included in the above motion. Vote: Ayes 5, Nays 0. minutes of thebeguiarorono ctty council MEETING HELD UN JUNE 23,15)97 <#10) #2247 WAYNE HOLMES, 1390 PARK DRIVE - VARIANCE - l^QLUnON NO. 3919 GafBron reported that the aj _ setback variances for construction of a detached accessory storage building. The ^on as initially proposed wodd be located 2.5’ from the unimproved dedicated nght-of-TV^ ■ known as Forest Avenue. The ri^tK)f-way is wooded and low land. It is a potent jd accessforHighwoodPark. StaffandPlanning Commission agreed that the 2.5 setback was inadequate. variance is appropriate in order not to Lmp?^! de ti ea. Additional gradmg or ret^g wdl would be required to eliminate any impact. The applicant has proposed buildmg retaining wall. Gaffron said the Planning Commission and Staff recommend approval of the amended plan. . Goetten asked how far the huUdmg would be from the oak tre^ have reduced the building by 2’ to increase the separation. Gaffron indicated that the tree would be 10-12' from the building. J*bour asked if there was any reason to maintain the 60’ right-of-way. Gaffron said there are no plans to improve the road, but h could be a potential park access m the future. Goetten asked that the applicants be considerate of the tree. Mr. Holmes ^d they work around the root system. Mrs. Holmes noted that the budding is a pole bam and would be constructed on a floating slab. This should ehminate any problem for the oak tree. The applicant voiced satisfaction with the resolution m presented. Flint moved, Goetten seconded, to adopt Resolution No. 3919. Vote: Ayes 3, Nays 0. (Sli) #2248 DAVID AND JODI EAHN, 1385 REST POINT ROAD - VARIANCE Mr. Kahn was present. •- • a MINUTES OF TBDE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 23,1997 (#11 - #2248 David and Jodi Rahn - Continued) Van Zomeren reported that the .3 acre property is located in the LR-IB Zoning District. The proposal is to add structure to an existing cabin located within the 0-75’ setback. The second story would require a variance to the side yard setback which exists and is proposed at 5.3' and 10' is required. Lakeshore setback variance is required. Average lakeshore setback is not an issue as the structure is located behind that line. A conditional use permit is required for land ahcration in the 0-75' setback. Van Zomeren reviewed the topography of the property. The 932' elevation line "wanders" on the property. The existing structure is located at the high point of the property. 1 he flood plain is located behind the structure requiring a CUP for any alteration. The proposal is to square off the structure which encroaches the 0-75' setback. Tne hardcover in that setback would increase from 9% to 19%. Van Zomeren indicated the Planning Commission recommended approval of the side setback and hardcover variances nodng that improvements arc limited to an area behind the existing lakeside setback and an additional half-story. They also recommended approval of the CUP for land alteration. Goetten asked the applicant if he had considered moving the addition to the rear of the structure in order to get out of the 0-75' setback. Rahn said he met with the Watershed District. He said his design was an attempt to gain a favorable response from the Council. He indicated that moving the structure back would result in building in the 931.5' elevation which is the flood plain. The plan as presented would not require mitigation of the flood plain as the additions would be built on posts. Rahn said the plan is an attempt to restore the existing structure. He thought the Council would be less receptive to a plan involving alteration of the flood plain. • Goetten said her concern is with doubling the hardcover in the 0-75' setback with any new construction if there are other alternatives to consider. Rahn indicated that only cne-tWrd of the new hardcover is livable space; the remainder is decking. He said he tried to keep the structure compact and only squared the structure off. The screen porch and deckiog is only 8’wide. Goetten asked if Rahn discussed adding to the rear of the structure with the Watershed. Rahn said he did. He met with Tim Hafiier of the Watershed District He said this recommendation is possible but would occur in the lower area of the lot and requi'e major alteration of the flood plain. Rahn said the home is located similarly on the lot with other homes in the neighborhood and is the only ummproved ate. 13 MINUTES OF THE REGULAR ORONO CTTY COUNCIL MEETING HELD ON JUNE 23,1997 (#11 - #2248 Daxad and Jodi Rahn - Continued) Rahn said the only other option is to place the structure in the middle of the llood plain which would require mitigation. He reiterated that no mitigation would be required in squaring off the structure. Jabbour asked the Council for their opinion. Goetten said she would not approve additional hardcover in the 0-75* setback. Jabbour noted the applicant had suggested elimination of the decks which would decrease the hardcover from 1320 s.f. to 1018 s.f. Rahn smd he has sold his other home and his family plans on living here year around. He also mdicated that he will be planning on adding a garage m the future. » • Jabbour and Goetten both informed Rahn that structure in the flood plain is less of an issue than structure in the 0-75* setback. Rahn said his dream is to restore the cabin and suggested eliminating the deck and maintaining the screen porch as planned. Goetten was informed that the 8*xl2* is to be located on the north side of the structure. Jabbour said there is 60 s.f. of existing deck and 252 s.f. total of decking. Eliminating this decking and maintaining the screen porch would result in 1068 s.f of structure. The structure would be increased from 540 s.f to 840 s.f with a 132 s.f porch. Jabbour indicated that he is only considering this option because the st»-ucture is minimal in size noting 1500 s.f is normally allowed. I he option would also maintain the structure out of the flood plain and would be serviced with sewer. Jabbour said this situation creates a true hardslup. Jabbour moved to approve Application #2248 based on the hardships and reasoning as stated with the removal of decks as proposed by the applicant in :*rder to facilitate the application. The motion failed due to lack of a second. * * Goetten said she could not vote in favor of the motion and noted that the application . could be heard in front of a full Council. Rahn indicated that the guidelines have not changed since 1983 when the adjacent property was permitted 29^/o hardcover. Jabbour said he recognized the City made a mistake at that time. Rahn indicated that time is of the essence in providing a home for his family. Goetten said she would be willing to table the application to the meeting of July 14. Goetten moved, Flint seconded, to table Application ^2248. Vote: Ayes 3, Nays 0. 15 MINUTES OF THE KEX5ULAR ORONO Cii'V COUNCIL MEETING HELD ON JULY 14,1997 (#4 - #2246 Donald Currier, Jr. - Continued) Currier informed Flint that the antenna could not be nested or raised in the locato required due to the trees. He noted the survey shows the trees plotted that are affected by the antenna and the tree cover then drawn in. ^ • • Jabbour noted that the abiUty to have a nested antenna is more visibly attractive than tm antenna that must be fuDy extended at all times. Currier said trees would still have to be removed to allow for the fully extended antenna. Jabbour was informed that the neighbor in whose yard the antenna would fall, if it would topple, gave his approval. Flint questioned why the antenna cannot be moved 15 ’ fiirther along the same line no^g the survey does not indicate trees in that area. Currier said the tree cover is located there and would result in the loss of a lotus tree. Jabbour was informed that the horizontal width is a 34’ maximum with a 20' long boom. Flint was told that the antenna is directional motorized by a rotor. In answer to the question of how close the neighbor’s structures are to the north property line, Moorse said a letter indicates that the area is ungroomed wthout any structures. Kdley questioned what would happen if that property owner wanted to build a garage in that location. Currier said the neighbor told him he could put the antenna on the property I'me if he want-ed to. Goetten reported that if the neighboring property was sold, the antenna could create problems for the new owner. Kell^ suggested a enU option be placed on the antenna if that were to occur. Barrett indicated that this would be difficult to enforce. Peterson was informed that there were a couple other antennas in the City and no problems have been reported. The only other retractable antenna that was on a property in the City was removed when the readent moved. Jabbour said he feels the retractable antenna is a great idea. Currier indicated he would like to maintain the trees to lessen the visual impact. Jabbour moved, Peterson seconded, to approve Resolution No. 3925 per the Planning Commission recommendation. Vote: Ayes 4, Nays 1, Flint. (#5) #224S DAVID AND JODI RAHN, 1385 REST POINT ROAD - VARIANCE - RESOLUTION NO. 3.926 David Rahn was present. MINUTES OF THE REGULAR ORONO CTTY COUNCIL MEETING HELD ON JULY 14,1997 (#5 - #2248 David and Jodi Rahn - Continued) Kelley asked for clarification on the hardcover calculations of an increase firom 9% to 19% in the 0-75* setback. He was informed that the calculatioM do not Include a driveway or potential garage. There is currently no hardcover m the 75-250 setbacki^ L har<Lver noted is the house footprint only. Kelley said a dwe^y and garage^ inevitable and would need to know the calculations for them and w^ amount would be added in the 0-75' where h leads to the home. Jabbour noted that the apphcation is cnatled to 25% in the 75-250* setback. Kell^ questioned what perce^e wouW be m the flood plain. Rahn said the garage would not be below the 931.5’ elevaUon and no variance Xould be required for a garage. Van Zoraeren agreed that no vanance would be required. Kelley said he has never turned down an application for a Jwo-cw gar^e noti^ the necessity for garages in this area but felt the calc^ons sho^d be “jhid^^ He questioned a sidewalk leading to the residence. Peterson questioned the need for the calculation wnce it is not included in the proposal. Rahn indicated that he is allowed 1500 s.f. of structure outside the 0-75' and as much as 2200 sf. with the size of the lot. Jabbour asked the appUcant how he plans on walking to the house. TheapplicMt ^ questioned whether a walkway is required. Rahn said he has no iM^on Sdewalk. Jabbour indicat«l that one would eventually be needed. s^d he wsw the crass area now and the deckmg and entry are included in the calculations. He currently parks on the clearing on top of the hillside and there is no established dnveway. Goetten questioned why the residence cannot be pulled back. would then be located in the flood plain. He said he has space for 1900 s.f m the 75-250 setback, Kdley asked Staff if 25% hardcover allowed for the 75-250' setb^k includes land in the floodplain. He was informed by Gaffron and Van Zomeren that it (fid. Jabbour noted the structure could be a slab on grade without a foundation. Ja^u^said he would make his approval contingent on no additional variances allowed m the future and any further improvements adhering to standards in the zoning code. Gaffi-on questioned with hardcover shown in the 0-75', whether this amount should be subtracted from that allowed elsewhere. He felt it should be. Jabbom ert^ an e?^le where this has been done in the past. Gaflfron indicated that with 2000 s.f total it would leave 1000 s.f for any future improvements. Jabbour said that was a good idea. Rahn agreed to comply with this request MDfUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 14,1997 (^5 - #2248 David and Jodi Rahn - Continued) allowed the hardcover as proposed in the application for the 0-75 setback and no more (#6) #2252 WARREN AND CHRISTINE BIELKE, 2565 DUNWOODY AVENUE - VARIANCE - RESOLUTION NO. 3927 WflrrcD and Christine Bidk© were present. Van Zomeren reported that the application is a request for two v^ances. lakeshore setback and hardcover, to add 6' and 4' to portions of the residence to enlarge the garage to three staTs. A portion of the garage is ahead of the average setl^k tat not as for ahead as the further point of the structure. The prop^ prewously approved for a maximum of 35.6% hardcover in the TS-ZStf setbMk The Planning Comnnssion recommended approval of the applicaUon with the 35.6/« of hardcover in the 75-250' setback. Goetten noted that the property has had other variances approved in the past. She questioned the amount of plastic removed under landscaping. Van Zomeren micated that the applicant had removed plastic prior to making application and before the su^^ was completed as they were aware that the prior owner was to have removed that plasUc as part of a previous application approval Mrs. Bielke reported that their intent is to replace non-structure cement driveway and kennel with structure. There would be no net change. The hardcover would be reduced in general on the property. Goetten asked Van Zomeren to update the hardcovCT catenations for the file. Mrs. Bielke indicated that the survey was correct in its calculations. Kelley moved, Peterson seconded, to approve Resolution No. 3927. Vote: Ayes 4, Ni. s 0, Abstain, 1, Jabbour. (Aeenda item #7 foUows Mayor/Cooncil Report. Item #3 was continued at this time.) 8 Hlji^ II "PS 03 = 11PM LEh'I-UE of MM CITIES P.l \ LMC S(iunaMt/ia Citu*a C^itiet fTTvmoHrtiJ iiXC^fl^K9 ONoaodOAno FrIDAYFaX 'ol. 3. No. 19 A weekly legislative update from the League of Minnesota ^ League fast-tracks RR issue 0Q3rcl cr©3t©s Rflilrosd Tssk Fore© In yesterday’s meeting, the League’s Board of Directors approved the creation of a task force to study a variety of issues related to railroad operations in municipalities. The task force is being formed in response to a variety of questions and concerns about rail operations raised by city officials across the state. In recent months, many communities have experi­ enced an increase in rail traffic. In some areas, communities are dealing with proposed plans for rail upgrades or expansions. Although rail opera­ tions in the United States have largely been regulated by the federal government, these events havo left local officials wondering what role the city can play in regulating rail operations and whether legislative or congressional action may be necessary to allow cities to address related concerns. Among other issues, the task force will likely consider the following; • Public safety concerns: What level of public safety improvements might be required by ctianges in rail operations and who should pay? • Commerce concerns: What are the local economic impacts of rail operations and how will expansions or upgrades benefit or negatively affect communities? • Transportation concerns: What are the potential impacts of rail upgrade and expan- ^ sion —or the failure to upgrade—on the state’s streets and highways? . Environmental concerns: How will changes in rail operations affect the local environment and what can be done to mitigate these problems? • Regulatory concerns: What can cities really do to impact railroad upgrades and expansion decisions? In order to expedite the process, we would like to solicit membership on the task force immediately. If you or another member of your city is inter­ ested in this issue or if your city has experienced issues related to rail operations, please help us. Commitment We expect that the task force will meet regularly, at least for the next several months. Initially, task force members will discuss current concerns about rail operations in their communities. We expect the task force will also identify deficien­ cies in the current powers of cities to regulate rail operations, and eventually make recommenda" tions on changes to state and federal laws. How to Sign Up If you would be interested in serving on the task force, please call Mary Diedrich or Doni Mikacevich at the League office at 1-800*925- 1122 or 651-281-1200. IJonv. is^urs. contact onv memher of the Uam of Minnesota Cine^ Inurgo.ernmcntai Rctation.team. COUNCIL MEETINQ L Elizabeth Weir Secretary, Mooney Lake Association 1262, Hunter Drive Wayzata, MN. 553391 AUG 2 4 1998 Mayor John Ferris Medina City Hall CmrOFORONO county Road 24 Medina 55340 Dear John,August 3,1998 In March, 1988,1 came before the Medina City Council as secretaiy to the Mooney Lake Association (MLA) to ask the council to join the cities of Orono and Plymouth in petitioning the Minnehaha Creek Watershed District (MCWD) to implement a study of the rising levels of Mooney Lake. The lake is landlocked. Development has rendered 41.6 percent of its watershed acreage impervious (Wenk 1995.) This has accelerated run-off and, as a result, lake levels have risen consistently. Measurements conducted by the Department of Natural Resources and MLA are; July 1995, 988.06 feet above sea level; July 1996, 988.62 ft; July 1997,988.80 ft; July 1998, 989.69 ft. Official high watermark is calculated at 988 ft. This trend was apparent preceding regular measurement. The island in the lake used to support trees, shrub willow and nesting geese; children used to camp on it. Now all the trees are gone, and the island is underwater. The rising lake level has adverse effects upon both wildlife and residents. Our shorelines are eroding, nesting is reduced, and mature trees are undermined and fail into the water, adding to the problems of an already hypereutrophic lake. These are just some of the problems. The chief problem is that the walk ­ out level of homes in Plymouth is 992.85 ft. Regardless of whether these low houses are in Medina, Orono, or Plymouth, it means all three cities and watershed residents will have to address the rising level of Mooney Lake. The Medina City Council tabled the issue of submitting a petition to the MCWD at the April 7, 1998 meeting; but the MCWD has agreed to go ahead with the study, based upon the petitions of Orono and Plymouth. As citizens of Medina, we wish Medina City Council to know that we are concerned about the rising level of our lake and about the inevitable cost of ameliorating the problem. The cause of the increased run-off is a watershed ­ wide problem. We need to know that our city council shares our concerns and will represent our interests at the MCWD to ensure that the cost of amelioration is distributed watershed-wide. Y(mrs sincerely ^ ^ El(zabeth Weir U<//iy ^ ^ S Si 9 / c. P. Cangialosi, MCWD; T. Ankeny, Pres. MLA; Mayors of Orono & Plymouth ^ ST^ 9/ :::fcWXr ^^*,JraA /'-^-ccvJ^ ^ -fciUjc rv*3^-^-t» 0^ .. OUA -/WV/S. /'tv~^ ■- .-f—^ (r^ ^ j';'"^ JXf— A<~-^ ^ --v^ A, *4^ jj::^ ^LoShjuJL^t^ ■ ri\J>4^-d tiMdU^ /■QVO' ^• \OaH c5"<5'*3^/ (j l4<oZ , [jOcu^ZA^^ ■ ■ (SL^-'V- COUNCIL MEHTINQ August 6, 1998 Mr. Gabriel Jabbour City of Orono P.O. Box 66 Crystal Bay^ 55323 AUG 2 4 1998 crn'OFCROMo Dear Mr. Jabbour: This letter is to summarize a problem that has confronted us as homeowners of 4265 Forest Lake Drive since we purchased our home on May of 1992. This problem has also incurred hard­ ship upon the members of the Forest Arms Homeowners Association who maintain a fourteen slip dock adjacent to our property. Enclosed you will find a copy of the letter(Exhibit A) which we sent to Mr. Michael Gaffron on April 23, 1993 explaining our problem. Subsequently a committee was sent to examine the situation nad nothing was ever done. On April 19, 1993the Forest Arms Association requested that the accumulation of silt be removed (Exhibit B),but the issue was tabled. On May 10, 1996we wrote the Orono Council to protest our tax increase!Exhibit C) citing the buildup of silt and resultant flooding of our property(photos were provided). Again the problem was ignored.. On April 21, 1997 we wrote the city Assessor (Exhibit D) reiterating another increase in taxes which we again protested on the grounds that the city storm sewerwhich is illegally built on our property was causi»'g flooding. We received a verbal promise that "something would be done". Enclosed is a photo of the 1997 flooding (Exhibit E).Also enclosed is a photo (Exhibit F) of our shoreline growth caused by the backing up of the t-torm sewer. To update you on the seriousness of the situation, on May 15, 1998a large cottonwood tree was uprot-'ed and fell on our house causing extensive damage. This tree was directly over the storm sewer, and after the tree was uprooted showed the the tree was in a pool of water, (Exhibit G). This continuous floodingcaused by the build up of storm sewer affluent surely contributed to the uprooting of the tree and the $60,000.00 damage to our house.(Exhibit H). It is time to address this problem by either re-routing the storm sewer or dredging the shoreline to allow free flowage from the storm sewfer into the lake. ^ G.w. Kalweit Katherine M. Kalweit cc: Orono City Council ■/ / Kalweit Sales Company, Inc. 5217 VC^ajrxaU Suito 125 MiuncapoLf, MN 55416 4/23/93 PLouo (612) 595-9933 Fax (612) 595-9929 Mr. Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 On May 1, 1992 we became owners of a home at ^265 Forest Lake Drive. As spring growth progressed, we became immediately aware that we had a weed problem along o\it shoreline. Our entire shoreline was thick with catails, milfoil and surface slime. Seeking to correct the problem, we had an official from the D.N.R. look at our situation and gave us a permit to remove the weeds, which we did rtially, and at great expense. While examining our property he pointed out that the source of our problem is a storm sever which empties into our property and ultimately Forest Lake. The area where it empties is a buildup of contamination and is filled with silt. (Enclosed please find a photograph of the area in question.) Upon investigation we discovered that the storm sewer and pipe is on our property; no easement was ever granted to the city (see attached certificate of title), and as we understand, it was built without a permit. We would like the city to clean up the mess, complete the removal of weeds on the shoreline and build a holding pond \/ith filter to prevent further contamination. Very Truly Yours, George W. Kalweit Katherine M. Kalweit Direct F.iclory S.ilcg .lutl Service Page 7. THE PIONEER • Mond O. < g r i ♦ HJ & fa. , Orono the city if they ia one way or an­ other promote an activity which is a known health hazard, either first-hand or second-hand, and in the opinion of many, smoking is indeed that. The council proclaimed Health Fair II Day in Orono sponsored by the Orono High School Homeroom Program, the Spartan Parent Association, Health Span and KARE-11. Special displays, presenta­ tions, and health screenings will take place in the Orono High School gymnasium between 2:30 p.m. and 7:30 p.m. on Monday, April 26. A run or walk, whichever participants choose, will kick off the fair Sunday, April 25. Participants can walk or run ei­ ther one mile or two beginning at 1 p.m. The council authorized staff to go ahead with Hennepin County and make necessary ar­ rangements including a request for a conditional use permit (CUP) to repair the sea wall at the North Arm Access in ilie in­ terest of public safety. . Repairs arc scheduled to begin April 19 in advance of the boating season. The council discussed but tabled for now a request by the Forest Arms Homeowners Association for tlie city to re­ move several years accumulation of silt near its 14-slip dock con­ figuration which is allegedly de­ priving it of use of two of the slips. A city storm drain for run-off from.the Noiii Arm Drive area has caused the siltaiion problem, according to Jim Lange, spokesperson for the association. The accumulation is de­ scribed by Mike Gaffron, assis­ tant planning and zoning admin­ istrator, as "a fan-shaped delta” making the area too shallow to. use two of the slips. “We fee! due to improper dc-. sign of drain capacity wo no ; m % ,.. From page 1. longer have use of the 14 slips,” Lang? wrote to Gaffron. “It goes back to 1983 when we acquired this from the city.” Lange explained Monday night. “It's inoperable because of the deficiencies of your system. We -■ paid for the 14 slips.” Lange added. The Lake Minnetonka Conservation District (LMCD), according to Lange, will proba­ bly disallow a change in the con­ figuration of the dock to over­ come the problem. It appeared to some on the council that it is a problem be­ tween the LMCD and the associ­ ation. On the other hand. Lange and the association maintain that the slips were'included in the; SI00.000 agreement between the. association and the city. ' ' ‘' At any rate it is now before the city council. Not counting the costs of fil­ ing applications to the Department, of Natural Resources (DNR) and possibly other agen­ cies, the costs of dredging and/or construction of a ponding area }o . catch the silt could, range from " $10,000 to 530,000, according to Gaffron. - ‘ ' • Goetten and Callahan ex­ pressed their reluctance to spend the money. Further there was a question as to what costs the association must assume for this kind of thing. Goetten echoed the feelings of several on the council that it. “couldn ’t be settled here tonight” .as far as she was concerned be­ cause she/ihey'knew too little about the lO-ycar-old agreement with the association. The council then tabled ac­ tion so that staff and association could have further discussion. .The council also continued interviewing 'planning commis­ sion applicants including Dale Lindquist, Charles Nolan, Jim O'Neill, -Jim .Lofcncc, William Wrobleyy;$kj Sandra Smith. t'T'r • • • •• Prt Minne Lady." sharit collect 4523 . Park, ^ Sf has tra hasapi Late come r Lady r Yo' of eni favor ques Lunt c Si w is s. cncoi, menC Bii strata school, to offer areaih' Tht, at Cah Navarre grades!. Plans in... 1993-94 The * school, i couptuoif christ-cent. Bjur said, would lilu ■. or jusl .Cntf school, shot 474:2482. . f'/M May 10, 1996 Orono Local Board of Review Re: #07-117-23-12-0016 George Kalweit 4265 Forest Lake Drive Mound, MN 55364 cc: Assessor's Office County Board of Equalization Dear Board Members, On Wednesday, April 24, 1996, we attended the Orono Council Meeting for the purpose of protesting our 1996 estimated property value. / In 1995, our property value was estimated at $239,000; In 1996, our property value was estimated at $240,000; In 1997, our property value was estimated at $258,000 This letter is reiterate our reasons for wanting a reduction in the market value of our home. We feel the increase is not warrant ed because no improvements have been made on the house in over 1 year. During a phone conversation with the assessor, it was stated that we have a now "tuck under" garage, this garage was part of the original construction of the home 27 years ago. Our second reason for wanting a reduction in the market value of our property is the existence of a storm sewer on the property which the city constructed without a permit. In 1993 we notified the council of the problem this has created — i.e. the resulting flooding of our yard (see attached letter). The third reason is the hardship caused by a faulty lift station located adjacent to our property. When the lift station is not operating (a common occurance), it can and has caused flooding of the lower level of our home with sewage. In our four year occupancy we have reported lift station failure at least 5 times, the most recently when we had an 8 hour power failure. In June of 1994 we reported a faulty lift station. The repairmen appeared but failed to correct the problem which resulted in our basement flooding. The city refused to pay for the damage, and we were forced to pay $250 deductible on our home owners insurance. In addition, our insurance company threatened to cancel our insurance due to the incident. We feel it is evident that we have suffered undue hardship and expense due to the lift station problems. That in addition to the storm sewer presence and absolutely no improvements having been made in several years, we feel our property value should not be increased. We appeciate your consideration of this matter April 21, 1997 City Assessor 2750 Kelley Parkw»iy Orono, MN 55356 Re: Hennepin County Real Estate valuation notice for taxes payable in 1998. ID 07-117-23 12 0016. Dear Sir: estimated market valuation of codS'nSn* payed taxes on a valuation of We wish to protest this increase based cn the fact that structure of our home, city storm sewer on our property (built without a permit) has caused us hardship (ie. accumulated Tn iQQc storm sewer has caused flooding in our yard). In 1996 we received a reduction based on this hardship. Because this situation still exists, we believe that our valuation should remain at $245,000. Very truly yuurs. George and Katherine Kalweir COUNCIL MEETING AUG 2 4 1998 CITY cr ORONO August 18,, 1998 Mayor Jabbour City of Orono P.O. Box 66 Crystal Bay, MN Dear Mr. Jabbour, 55323 I am so angry with the comments, procedures, lack of common sense and inaccuracy's with my variance application I felt compelled to write you this letter. I realize and, for the most part, agree with Orono's new "get tough on variance's" attitude. With the understanding that variance's reguire hardships as per city code 10.08, and witnessing a variance approval for a resident with fishing lure's storage problem, I can only agree. I can not tell you how much it angers me when I hear a Planning Commissioner or Council member speak of the variance for my home and call it a "mistake". I have reviewed many past variances, and have yet to find one that more closely meets the requirement and hardships of city code 10.08. As a lakeshore property owner, the water quality of Lake Minnetonka is of the utmost importance to me and my family. When I have tried to explain to the Planning Commission that the stormwater run-off, created by my hardcover, is stored on my lot and filtered through the ground. There answer is that they don't care. Hardcover is Hardcover! Do they understand that many communities require developers to create water detention area's or storm water ponds in developments? Are they aware that in the Orono City Code it states in section 10.55 Flood Plain Management, "Encourage a suitable system of ponding areas to permit temporary withholding of rapid water run-off." Maybe they should read this document sometime. At the August 17th Planning Commission meeting, a Commissioner compared my lot with the vacant lot next door. (1395 Rest Point Road) How ridiculous. This is a lot which has never had a struc..uie on it, no sewer, is much smaller in size, so much so that Orono has no record of allowing a dwelling to ever be constructed on a lot of it's size, and it has been taxed as a non-builoable lot for as far back as anyone can remember. ($15,000) If she wants to start comparisons, lets look at my neighbors variance (file #2081) 51.5% in the 75'-250' zone and 11.9% in the 0'-75’ which by the way, was never asked to be added to the 75'-250' zone! And how about the Wasberg variance and skate board park, (file #2221) Was he asked to reduce the size of his 840 square foot garage!^ I don't think so. In reviewing variances in my neighborhood I’m beginning to feel like I'm being held to a more restrictive standard. I agree there is a need to get variances back in check, and feel that this can be accomplished simply by following the procedures that are already in place and using some common sense in regard to hardships. In regards to City Manager Moorse’s suggestion at the July 27th Council meeting for me to meet with staff regarding my garage location and design. I can only cringe. My experiences in working with City Staff has been much less than a success story. When building my house at 1134 Wildhurst Trail in 1986, the staff incorrectly considered Wildhurst Trail my front yard. With a corner lot size of approximately 110'x365 , I couldn't figure out why I was so limited, while trying to place a small house on a lot of this size. Then 10 years and one unnecessary variance to build a garage later, I figured it out. The City Code states that "the more narrow dimensions of a corner lot is its front." City staff was incorrectly placing front and rear setback requirement on the narrow dimension (110') of my lot. I more than understand that mistakes are made. I have made quite a few myself, but the difference is that I admit to mine! While constructing a deck in July of 1994 Lyle Oman requested I meet with himself and City Zoning Staff in regard to this lot line issue. In attendance at this meeting were Lyle Oman, Bruce Vang, Jeanne Mabusth, Mike Gaffron and Greg Gappa. I believe this was Orono's complete Building Inspection and Zoning staff. During this meeting, we all read che zoning ordinance, in which I thought was quite clear. City staff disagreed. They either ccmfietely misunderstood the language or completely disregarded i^, for fear all of the previous mistakes would then be found out. The meeting ended in an impasse. It was during this meeting that I completely lost faith in City of Orono staff. When assistant Planning and Zoning administrator Mike Gaffron needs the City Attorney (see attached) to advise him on "what is a front yard" how can I possibly ask him to help me plan my project. In regards to my Rest Point variance, I did speak with Mike Gaffroi per the City Manager's request. My plan was completely redesigne i and relocated per his suggestions, but this information was neve, brought up by staff at the Planning Commission meeting on August 17, 1998, as he never communicated this information to Liz, who was out of the office at that time. For whatever reasons the Planning Commission and City Council continue to call my families new home a "mistake," I can only say that we will have to agree to disagree. Thank you for taking the time to read this letter and allowing me to "vent". ^ r If you have any questions or comments reqsii^clinq the issues I have mentioned, please call me. Respectfully, David W. Rahn 1385 Rest Point Road Orono, MN. 55364 Work; 861-9863 Home: 472-5795 cc. Ron Moorse, City Manager cc. Anthony Soderman, Personal Representative DWR:jlr CITYof ORONO Municipal Offices ' 'wittO January 23, 1996 Dave Rahn 1134 WtldhurslTi Orono, MN 5536- RE; Deck Permit Sbaat ANrui: 2750 Killey Patfcwsy Oiono. MN 55356 Malllni AMraii: P.O. Box 66 Cryjtal Bay. MN 55323 0066 til Dear Dave The City Am.M.cy>.......... ,VJ“ to'fi^loni*' Thetellre. your deck earliest cunvenience. If you hove any quisliom. please feel free to contact me at my office. Sincerely, Lyle Oman Building OlTiciol LO/lsv cc:Jeanne A. Mabusih, Building & Zoning Administrator TslsphoiM (411) 473-73S7 • FAX 47>4)5IO VI,f Omct*, Ttv lilAlii, ri0«i|»^ ftK •Ut«6tC«a9tO W«•••••*•«OH. Q C. rik ioi*»M 9i(K^ POPHAM HAIK• • KAwr«(AN, UTO Ouitt S9CO 111 OOV^»’ MtHTff fTtlir Ml»iHO*rowi«, MiMMSftiA Ttw •Il'iOO ^BOO Wa.m m I 2 9 9^ 9909 THOMAB i. BAAAirr. IWi. DiRBOT DiAi. |9I Al 999‘B070 li II Tift 01 *«»•«« < '•••tilt T«ft «l »«••«« «•# OO* Novimber 16, 1994 VU FACSlMlLEJm^JiSlQ Michael P. Oaffron Asat Planning A Zi^nlng Administrator City of Orono P.O. Box 66 Crystal Dcy. MN 553?'^-OCCt Dear Mike: You have Avllcd for tny opinion as to the legal conclusion on the location of the front yard of the Rahn pnipofly As you have as the front yard for would •'‘:*:Jblish a f'^liown me, the City and Mr. Rahn liave treaU'J one sid-? of the property cciian legal f crp. se.s, in the p.is’. .'von iliough the Cily ordinances difXereo' linnt y.iul by definiiion llie question acquiescence ol Mr. our ordinonccR. wc have discus.scd is whether the fiactice ol the Cily uiid the apparent dahii in 'hat prr'ciice will override the definition of hum yard found in Afuiir conslde Mr. Rabn’s acqulcsct Cily ordinance. It n information but that •ng this toi < mo time. '.tnicJ t.*ic City’s pjaoice and i> 'c m Ukt ,'Kiciicp, rniinot ov- ' ihe defi.-.i.ioii of fi\ nt yard in the V t'c 'hat liie City and .Mr R.^hn procc.oili j oefore on incoircci logal i.i in my judgement, u b<u‘ is for U.e City lo contimio to do .so. 1 believe Ihat^he Ciiv ordinance i.s conirollmg on U.c OeU-injinaiion of Uie Ktthii property fioni yard. nRl/'JJiieitOMUIA«4 •V I •- k I » I t r ^ I * I » . ■ I I WfiHdC J ^ i ii..: IT.r ■•“Hi Michael P. Goff Nov» rnbcr 16, 1^94 Page -2 \ / \ .