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HomeMy WebLinkAbout09-28-1998 Council Packetr AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 28,1998,7:00 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 MEETING ROLL CALL CONSENT AGENDA 1 .Approve/Amend SEP 2 8 CITY OF ORONO 7:00 p.m, 2.ORONO ORCHARDS SANITARY SEWER PROJECT - PUBLIC HEARING A.Authorize Preparation of Plans and Specifications for Orono Orchards Sanitary Sewer Improvements - Resolution . ^ A 6. APPROVAL OF MINUTES *3. Regular Meeting of September 14,1998 ^ T I'atihC -PARK COMMISSION COMMENTS - Van Erickson, Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Lili Mc^ ‘Ilian, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 4^ #2368 Kirk Otteson, 710 North Arm Drive - Variances /5T #2401 Thomas and Margaret Radke, 3424 Eastlake Street - Variance - Resolution yk:#2408 Mike Hilbelink on behalf of Ted Wolf, 900 Willow Drive North - Subdivision - Resolution ^#2412 Steve White, 4355 Bayside Road - Renewal Subdivision - Resolution ^#2414 Randy and Marie Staffanson, 1422 Park Drive - Variances - Resolution #2415 Terry Sanders on behalf of Kevin Kennefick, 3241 Casco Circle - Conditional Use PermitA^ariances - Resolution #2418 Robert Lund on behalf of Graydon and Michelle Newman, 1655 Bohn's Point Road - ^Variance - Resolution X\. #2419 Robert Lund on behalf of William and Anastasia Hoeft, 1725 Bohn's Point Road - Variance •Resolution yC. #2420 Robert Ryan, Jr., 3535 Christine Drive - Variance Zoning Code Amendment - Plumbing in Accessory Structures - Ordinance #2389 Daniel Kluth, 2801 Fox Street - Conditional Use PermitA^ariances Appeal of Administrative Decision - Road Access, 3410 North Shore Drive AGENDA FOR COUNCIL MEETING SET FOR MONDAY, SEPTEMBER 28,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA MAYOR/COUNCIL REPORT EN^EER REPORT lo. Accept Bid for Two Portable Electric Generators Vf. Discuss Sanitary Sewer Service for 2140 Sixth Avenue North Bonestroo Assocfates - County Road 15 Study 19. City Facilities Roof Repairs CITY ADMINISTRATOR'S REPORT JiffT Appointment of 1998 General Election Judges - Resolution 21. Animal Impound Facility CITY ATTORNEY'S REPORT ♦ 22. LICENSES * 23. BILLS UPCOMING ISSUES AND EVENTS 122& 09/28 - Council Meeting, 7:00 p.m. 10/05 - Park Commission Meeting, 7:15 p.m. 10/07 - Highway 12 Design Review Committee, 5:30 p.m. 10/12 - Council Meeting, 7:00 p.m. 10/19 - Planning Commission Meeting, 6:30 p.m. 10/26 - Council Meeting, 7:00 p.m. 11/02 - Park Conunission Meeting, 7:15 p.m. 11/03 - GENERAL ELECTION, Polls Open 7:00 a.m. - 8:00 p.m. 11/04 - Highway 12 Design Review Committee, 5:30 p.m. 11/09 - Council Meeting, 7:00 p.m. 11/i 1 - HOLIDAY, Veteran's Day 11/16" Planning Commission Meeting, 6:30 p.m. 11/23 - Council Meeting, 7:00 p.m. 11/26 - HOLIDAY, Thanksgiving 11/27 - HOLIDAY, Thanksgiving r Public A ttendance Mee^g Date 3 C ouncil □ Planning C ommission Park C ommission Other □□ »Please : i; omx> NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1 a A /?Ifv«J)vz 2. r ^ "A\T)Li riHiS rn ^____\c^ c\T\Tfi rATl->c<(ol I^2^7^ f^iL TXni/t^ 4. ritoSHAy'A I4yrp w/P-lA E LAtiE^ V4^igtErr e> ^ S.7?^y f 6. PMCL)CI/sAV iMfC^ ///^ rc*-^ Asj.2V/X^ //S ^/U /TI/^ A ih Pcc-tiL Cd(*U^(-^ft f>\ oh:u {/i ~2)^ (fe o/ C2) S>fC<c /W^r a 15._ «9U^.4 -|' Oi^N <k3>^ r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 COUNCIL M^NQ SEP 2 HTsfa CITY OF ORONO ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Finance Duector Tom Kuehn and Recorder Jamie Gemar. Mayor Jabbour called the meeting to order at 7:00 p.m. (»i) CONSENT AGENDA Items #8, 9 and 10 were added to the Consent Agenda. Moved by Goetten, seconded by Flint, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. (#2) LAKE MINNETONKA COMMUNICATIONS COMMISSION Tim Pattrin, Cable Commissioner, was present to discuss the upcoming vote for a renewal fi:anchise agreement. Pattrin reported that Triax is required to rebuild its system and gave a brief description of the proposed system. Mayor Jabbour asked that Mr. Pesek, an Orono resident, be sent a note of appreciation for his willingness to serve as an alternate Cable Commissioner for Orono. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 24,1998 Moved by Goetten, seconded by Flint, to approve the Minutes of the Regular City Council Meeting of August 24,1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner Silber was present and reported on the feasibility of an ice rink at the Orono Golf Course. The Park Commission does not feel that Orono is in a position to provide the quality of ice maintained by the City of Wayzata or Woodhill Country Club due to the amount of personnel hours needed to keep the ice at a quality. The goal this year will be to improve the ice quality at Hackberry and Casco Point ice rinks. \ '4 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 PLANNING COMMISSION COMMENTS - JANICE BERG, REPRESENTATIVE Planning Commission Chair Janice Berg had no comments. PUBLIC COMMENTS Jean Bredeson, owner of a small consulting business in Wayzata, would like to rel^ate her business from Wayzato to 850 WayzaU Blvd., Wayzata Christian Center. She question^ Council regaidmg the current CUP, and whether her business would qualify under the current CUP. Mayor Jabbour replied that the use of the facility is restriiried to residential chimhes ate an allowed use. Mayor Jabbour also stated that there is no provision for a CUP for her business. ZONING ADMINISTRATOR’S REPORT (#4) #2383 GARY AND CHRISTINE VALERIUS, 3750 BAYSHIE ROAD - FINAL PLAT approval - RESOLUTION NO. 4156 Gary and Christine Valerius were present. Moved by Goetten, seconded by Peterson, to a adopt Resolution No. 4156 approving of Valerius Addition for Gary and Christine Valerius at 3750 Bayside Road. Vote. Ayes 5, nays 0. (»5) #7.404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BLVD - COMMERCIAL SITE PLAN APPROVAL Cliff Otten was present. Van Zomeren reported that the request by the applicant is for a commercial site plan approval for construction of a greenhouse addition adjacent to the existing pnncipal structure. Otten noted from Gaffroris report that the "agreement is mute as to uses of ^tlot C nence the retaining wall/loading dock must be considered an amendment to the agreemen . Sr*e agLmenfis mute as to Outlot C, it should be acceptable to put a retaining i™d on m Otten felt the loading dock is screened adequately from the neighboring ^ ^ j that the locatio.. of the loading dock is where they have been unloadmg the trucks for the ^t 8 yet One“offem^ to sign m agreement with the City that when and if a road is constructed on Outlet C, he would remove the retaining wall. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 oite :: brothers nursery , continued Kelley stated he is fine with the loading dock location. Mayor Jabbour asked Public Services Director Greg Gappa if the loading dock/retaining > vail would be a problem when the City declares the road on Outlot C opened. Gappa slated the concern is the impact of having the loading dock closer to the residential area. Outlot C was dedicated for a future road and is currently serving as a buffer. Goetten noted during her site inspection that the location seemed logical for the loading dock. Gappa concurred with Goetten, but felt there may be zoning issues to look at. Mayor Jabbour stated Mr. Otten came in to ask for a Commercial Site Plan Review only for the greenhouse, but the only thing discussed was the loading area which has existed for the past 8 years. Joel Walvatne, 710 Dickey Lake Drive, inquired about the screening between Outiot C and his property. He stated that his concern is that commercial use is getting closer to his property line. Mayor Jabbour replied that N had visited the property line and saw it to be of a thick matted green blanket of vegetation consisting of a variety of evergreens, small dogwoods and scrub bushes. Walvatne noted for the Council a letter dated April 24, 1990 from Cliff Otten s attorney Robert Mitchell. He asked the City to review #7 of the letter, which stated "with Cliff giving you the lana to the west of your site you are assured that there will be no commercial use next to your home ^d instead that the commercial use will all be to the south and across the frontage road, if it is built. Mayor Jabbour replied that his understanding of Mr. Mitchell’s letter is that Mr. Otten traded the triangular piece of property for Mr. Walvatne’s piece (that section within Outlot C) ^ssunng that the triangular piece will not be commercial. Mr. Otten is allowing the City to drive through ms driveway, to get to the City Well located on Outlot B. If Otten takes his loading dock and puts it m the comer of Lot 1, Block 1, he might end up forcing the City to open the rovd designated as OuUot C to be able to get to the City Well on Outlot B. No one will benefit from the C-ty openmg this road. Kelley questioned the lot area coverage in the B-6 zone. Otten replied the lot area coverage is 17 to 23%. Kelley questioned the lighting effect the greenhouse will have at night. Otten replied the greenhouse is not a production greenhouse, it will be a sales greenhouse. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was cleaned up. When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. M::re plantings or a fence was discussed, but no conclusion was made. Otten stated he was not opposed to adding more screening along this area. Flint commented on his review of the property. The front of the property was very nice and inviting, but along Dickey Lake Drive it is not. Otten replied that he would plant another row of trees behind where the trucks are parked. Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan review and amendment to P.U.D. to allow the existing entrance monuments at the eastern entrance to remain, and to allow the loading dock to remain subject to an agreement that Otten Brothers Nursery will remove the retaining wall/loading dock without compensation if the road is constructed on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery subject to the recommendations of the Planning Commission outlined in the report dated August 20, 1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work with City staff and the neighboring properties to determine additional screening to be provided by Mr. Otten. Vote: Ayes 5, Nays 0. The City Council also directed City staff to work with Mr. Otten regarding access to the City well. (#6) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. Gerald and Sandra Erickson were present. Weinberger reported the applicants are proposing to remove the existing house and rebuild a new home with the intent to keep the existing boat house. Originally the applicants proposed to exceed the lot coverage and hardcover within the 75-250' of the lakeshore. Upon the Planning Commission reconunendation that they could build a principal structure on the lot without requiring any variances, the applicants have revised their plan slightly. The applicants met with staff and submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted plan has hardcover at about 26%. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#6) #2406 GERALD & SANDRA ERICKSON, CONTINUED Mayor Jabbour stated that it would irresponsible for the Council to bypass the Planning Coimnission and pass a resolution absent all the documented facts. The zoning code states an application must go through the Planning Commission review. Erickson stated that by adding an extra driveway, the structure is less than what the Planning Commission saw and it meets the City requirements. Mayor Jabbour replied that for the Council to act on this new plan, they would need all the facts, surveys, calculations, the footage, etc. Mrs. Erickson requested to add 420 s.f. of hardcover to extend the driveway, moving the house closer to the lake, to be more consistent with the adjacent properties. Goetten asked if the applicants were eliminating the 29.5% hardcover in the 75-250 lakeshore setback and the proposed lot coverage of over 15% with the new plan. Weinberger stated that in the past Council has counted hardcover that exists between 0-75 of the lake against allowed hardcover. This plan is at 27.2%. Mayor Jabbour replied that the Council only does this when given the permssion to add it to the 75'. If it was legally conforming. Council did not deduct it from the calculations. Goetten questioned why the boathouse would be removed when building a house. Van Zomeren replied that the City code requires a variance for an accessory structure to remain until a principal structure is built. Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4157 granting approval to allow the accessory structure, which is legally non-conforming to remain while the principm structure is tom down and rebuilt; and all the principal structure and driveway must conform to e existing ordinances. Vote: Ayes 5, nays. 0. Kelley questioned if the driveway is designed to have people backing straight out onto Casco Point Road Kelley asked when in a year from now the applicants come to the City and say it is too dangerous to back out onto Casco Point Road and they need a backout on their driveway now that all 25% of the hardcover is being put into a very narrow driveway and a larger house, without takmg into consideration the winters out on Casco Point Road. Mayor Jabbour replied that there is no provision for the City to tell them to do it any differently. ORONO CITY COUNCIL MEETING MINLITES FOR SEPTEMBER 14,1998 e i. ie (#7) EXTENSION OF INDUSTRIAL DISTRICT MORATORIUM Moorse reported to Council that additional time is needed to complete its study and consi^ration regarding the types of industrial uses compatible with the City ’s long-term land use plan. The City Council has a scheduled joint work session with the Planning Commission on Wednesday, Sei jmber 23 to address this issue and receive input. Steve White of VCI Capital and Chuck Guerin of Flamingo Wire were present. Mayor Jabbour agreed with staffs outlook on this issue, except he felt the existing ordinance should go back into effect on September 15, 1998. He expressed concern about holding the property hostage. Mayor Jabbour indicated he would vote against extending the moratorium. Kelley disagreed with Mayor Jabbour and felt the City needs time to deal with the issues. Mr. White may be the owner of the property today but he may not be tomorrow. Flint suggested staff continue to pursue the issue aggressively and see what the City should be doing in the area. Mayor Jabbour asked that members of the Council and Planning Commission tour the facility. Moved by Mayor Jabbour, seconded by Goetten, not to renew the Extension of Industrial District Moratorium. Vote: Ayes 3, Nays 2. Kelley and Flint opposed. (*#8) EXTENSION OF ADULT USE MORATORIUM - ORDINANCE NO. 177, 2nd SERIES Moved by Goetten, seconded by Flint, to adopt Ordinance No. 177, 2nd Senes extending the moratorium on adult uses in all commercial and industrial zones. Vote: Ayes 5, Nays . MAYOR/COUNCIL REPORT Mayor Jabbour requested a letter be sent to the United States Power Squadron, thanking them for removing hundreds of empty 55 gallon barrels from Big Island. Goetten questioned where the City is with the noise consultant for the new proposed highway and if it has been approved by MNDOT. Moorse replied MNDOT was looking at the details of the agreement, but hopefully by the end of the week they will have it ready to go. ition ould )crty i/hite loing strict 2nd tg the im for ly and of the ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 MAYOR/COUNCIL REPORT CONTINUED Kelley asked if the noise study will include the east and west end of Orono. Moorse stated the area of study is from close to Old Crystal Bay Road North over to Greenglen Park. There will be 5 noise monitors located between Old Crystal Bay Road North and Greenglen Park to monitor the noise frequency of the trains as th jy go by. This will help in determining what tj^pe of mitigation is needed for future noise/vibration levels with the new road and railroad. Goetten requested an update on the County Roads Projects. Gappa stated that the last of the surcharge was taken off County Road 15 today. Once the surcharge is removed, they will begin to construct lanes on the north side and have the traffic shift to north side before winter. They plan on working on the south side until it freezes. Gappa stated the grading is done on County Road 6. Mayor Jabbour commented that the rock was not down yet. They plan on paving in September, Gappa stated. Kellogg reported no construction will occur on Femdale Road North this fall. The plans are to bid the project in January or February 1999 so we will be ready to go once the weight restrictions are off in the spring. Flint asked if anything is going to happen with Hennepin Parks and the trail along County Road 6. Kellogg replied that no construction is planned until spring. Gappa, Gleim Cook and Kellogg met with the County to discuss concerns they had, design standards, and what can or cannot be accepted. Revisions have been made and submitted to Hennepin County. Kellogg reported the Heritage Drive Sewer Project is nearly complete, paving and sodding should be done in the next few weeks. The Little Orchard sewer project is nearly complete, and they are going to be jacking the sewer under Old Crystal Bay Road starting tomorrow. This should only take two to three days, then it will be complete. Kelley questioned Gappa on the signal heads for the stop light on Old Crystal Bay Road and Highway 12. Gappa replied he had received quotes and needs to send them to MNDOT. The signal heads should be in place by November 9, 1998. Goetten questioned the status of an interim solution to the County Road 1 5 safety issues. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 ! MAYOR/COUNCIL REPORT CONTINUED Moorse indicated Bonestroo Associates has submitted a proposal to address traffic safety issues on County Road 15. Mayor Jabbour requested Administrator Moorse to send copies of the proposed 1999 budget and Council packets to Council candidate Bob Sansevere to help him understand the issues the Cit}' is currently addressing. ENGINEER REPORT (*#9) PURCHASE OF WATER METER FOR GOLF COURSE IRRIGATION WELL Moved by Goetten, seconded by Flint, to authorize purchase cf Badger water meter for the golf course irrigation well from Hydro Supply for $780. Vote: Ayes 5, Nays 0. CITY ADMINISTRATORS REPORT (*#10) APPOINTMENT OF ADDITIONAL 1998 PRIMARY ELECTION JUDGES - RESOLUTION NO. 4158 Moved by Goetten, seconded by Flint, to approve Resolution No. 4158 appointing additional election judges for the Primary Election to be held on Tuesday, September 15,1998. Vote: Ayes 5, Nays 0. (#11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS NO. 4159 and 4160 Moorse reported the proposed 1999 budget and tax levy to be $2,339,140. This reflects the multi year budget projection of future needs. Kelley questioned adding a position to the zoning department. Moorse replied that this position would be for an interim period to allow tin e to get the Comprehensive Plan updated, the Zoning Code updated and get some property data and geographic base data information in place. The interim time would be for a maximum of two years which would be indicated to them at the time of employment. Kelley voiced his concern over hiring another zoning staff person for a tw'o year period. How do you control what is given to this person so the expectations of this job is a two year job? 8 N ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 teson (tand :ityis LL golf £S • donal Ayes the iVOUld oyou (#11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS - CONTINUED Moorse replied that would be identified when they would be hired. This position would not be doing the updates, but rather take duties away from the current staff to allow them time for the updating of the City Comprehensive Plan and Zoning Code. Kelley questioned the expenditure of $28,000 for animal control services, ana what happens to the animal control officer when any of the other cities decide to drop out of the contract, Moorse replied that if services to the South Lake Cities are eliminated, then the City Arould not need a full time animal control officer and this position would be eliminated. Kelley voiced concern about recategorizing positions instead of eliminating either the animal control position or the zoning position. He did not want to see "creeping staff." Mayor Jabbour stated the reason Orono ’s taxes are going up is because Orono is changing from a village to an active city. Moved by Goetten, seconded by Peterson, to adopt Resolution No.4159 approving the proposed tax levy to fund from the 1999 budget. Vote: Ayes 4, Nays 1. Flint oppiosed, Flint stated he thought this was the year the City should try to hold the line because of the changes the State Legislature made which will increase the burden of property taxes on lower valued homes. He thought it would be difficult for the owner of a small house. Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4160 approving the proposed 1999 budget. Vote: Ayes 4, Nays 1. Flint opposed. (#12) SET DATE FOR TRUTH IN TAXATION HEARING Coimcil set the Truth in Taxation hearing for Monday, December 7, 1998 at 7:00 p.m. and the continuation hearing, if required, for Monday, December 14,1998. (*#13) LICENSES Moved by Goetten, seconded by Flint, to approve the home occupation license for Morning Staar Surgical. Vote: Ayes 5, Nays 0. HOME OCCUPATION LICENSE Morning Staar Surgical Thomas W. Clapp 475 Femdale Road North Orono, MN 55391 9 COUNCIL meeting SEP 2 8 1998 REQUEST FOR COUNCIL ACTION DATE: September 28, 1998 CITY CF ORONO ITEM NO.: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Public Hearing and Ord^r Plans & Specifications Orono OrcharH^ Sanitary Sewer Project The Orono Orchards area was included in the recent MUSA expansion for sanitary sewer installation. All of the septic systems in this area are nonconforming to the current regulations, and the options for replacement septic systems are extremely limited in this area. A neighborhood meeting was held this summer to present this project to the neighborhood residents. The residents have sent a letter requesting that the City begin the process for a sewer project to serve this neighborhood. A feasibility study has been completed and a public hearing will be held at this Council meeting The next step after the public hearing is to approve a resolution ordering preparation of plans and si^ifications for this project. The proposed project schedule is for bidding of the project this winter with construction in the summer of 1999. COUNCIL ACTION REQUESTED: Motion to approve a resolution ordering the preparation of plans and specifications for the Orono Orchards Sanitary Sewer project. i A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR ORONO ORCHARD AREA SANITARY SEWER IMPROVEMENTS WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Mirmesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of serving the Orono Orchard neighborhood with sanitary sewer; and WHEREAS, on August 24, 1998 the City Council adopted Resolution No. 4151 receiving the feasibility report and calling for a public hearing for Orono Orchard sanitary sewer improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 28th day of September, 1998, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the installation of samtary sewer for the Orono Orchard neighborhood. vote of Adopted by the City Council at a regular meeting held on September 28, 1998 by a ayes and____nays. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ■XM 1 ORONO ORCHARDS Mi ORONO, MINNESOTA SANITARY SEWER IMPROVEMENTS 139101\139101AL0WG 2/2/98 FIGURE 2 Bonestroo Rosene Anderlik & Associates COMM. 13910) / REQUEST FOR COUNCIL ACTION DATE: September 28, 1998 ITEM NO . X6 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Public Hearing and Order Plans & Specifications Sanitary Sewer Project for 2090 Shoreline Drive, Head Property The Property owned by Douglas and Martha Head, 2090 Shoreline Drive, was included in the recent MUSA expansion for sanitary sewer installation. The property owners have requested that the City begin the process for an assessment sewer project. The residents will be assessed for the entire cost of this project. A feasibility study has been completed and a public hearing will be held at this Council meeting Attached you will find letter a sent to the property owners outlining the conditions, which were previously discussed by the Council, for provision of sewer to this property. The next step after the public hearing is to approve a resolution ordering preparation of plans and specifications for this project. COUNCIL ACTION REQUESTED: Motion to approve resolution ordering the preparation of plans and specifications for the samtary sewer project at 2090 Shoreline Drive A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR 2090 SHORELINE DRIVE SANITARY SEWER IMPROVEMENTS WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota; and WHEREAS, the City Engineer has prepared a feasibility study to determine the feasibility of serving 2090 Shoreline Drive with sanitary sewer; and WHEREAS, on August 24, 1998 the City Council adopted Resolution No. 4153 receiving the feasibility report and calling for a public hearing for 2090 Shoreline Drive sanitary sewer improvements; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 28th day of September, 1998, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby direct the City Engineer to prepare plans and specifications for the installation of sanitary sewer for 2090 Shoreline Drive. vote of Adopted by the City Council at a regular meeting held on September 28, 1998 by a ayes and____nays. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk f GllTofORONO Municipal Ofliccs Striat Address: 2750 Kelley Parkway Orono, MN 55356 Malllni Address: P.O. Box 66 Crystal Bay. MN 55323-0066 September 17, 1998 Douglas & Martha Head 1616 22nd Street W. Minneapolis MN 55405 Dear Mr. & Mrs. Head; The Orono City Council has scheduled a public hearing at 7:00 p.m. Monday September 2Sth at the Orono City Council Chambers to receive public comments on the assessment project to provide sanitary sewer service to your property at 2090 Shoreline Drive. This property would be served by directional boring a sewer forcemain under the Arc jla Channel to Minnetonka Peach. You would own and operate the residential grinder station. The estimated cost for this project is $54,000 and would be a fully assessed project. The annual cost for a 15- year assessment period at 6.5% will be approximately $5,300. 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. Both houses are served by a well and septic system. The septic system is nonconforming to the 3-foot separation rule. The property does not contain any suitable septic system sites and would require a holding tank if not served by municipal sewer. There is also a small cabin in the northeast comer of the property that does currently does not have sewer or water available. The two houses and the cabin are nonconforming to the current zoning regulations. One of the houses and the cabin are located within the flood zone. Current regulations require a minimum of two acres dry buildable land that is above the 931.5 flood elevation, and exclusive of wetlands, for a principal residence. Additional acreage is required for a guest house. The current regulations also do not allow for any structures or hardcover within 75 feet of the Lake Minnetonka shoreline. According to the current zoning code, additions to the existing Tdephonc (6U) 473-7357 • FAX4734»10 *! i! I i I nonconforming structures, or removal and replacement of the existing structures would not be allowed. Because the existing lot and structures predate the current zoning code, consideration to a limited amount of construction could be given through the variance process in the zoning regulations. The City's position is that if any of the structures are removed they cannot be replaced. In the event tha t all three structures are removed, one new house similar in size to the larger house on the lot could be constructed with the appropriate variances obtained. The City will allow connection of the two existing houses to the sewer system. In the event that both existing houses are removed, the connection of one new house to the sewer will be allowed subject to the appropriate zoning variances being obtained for the new house. Recognizing the zoning limitations, and that the existing lot is severely restricted for septic systems, and that the provision of sewer will eliminate the septic system restrictions; the City is requesting that the property owners sign a City Council Resolution stating that only the two existing houses or one new house will be connected to the sanitary sewer. This resolution will be recorded with Hennepin County and will be on the chain of title for the property to put future owners on notice of these conditions. Thank you for your assistance in this matter. Please contact me should you have any questions. Sincerely; Q 0 aM2r' Gregory A. Gappa Director of Public Services r 1 \ i I ACM AE.t)UF LAtt rvilMKAa/)M>\:f\ \()0YFAi ^UoD CUlMlkSO___ wc ]00^ :j S ' TO:Mayor Jabbour and Orono City Councilmembers FROM:Ron Moorse, City Administrator DATE:September 28, 1998 SUBJECT: Public Hearing Regard* .g the Provision of Sanitary Sewer Service to the Head Property at 2090 Shoreline Drive The public hearing regarding the provision of sanitary sewer service to the Head property at 2090 Shoreline Drive was scheduled and published for 7:00 p.m. on Monday, September 28. Staff had planned to include this public hearing as part of the September 28 Council agenda. However, Martha Head called with concerns regarding staffs memo to her concerning zoning restnctions on the property and requested the public hearing be rescheduled. Based on this conversation, the public hearing was not included on the September 28 Council meeting agenda. The Heads have now requested that the public hearing be held this evening at its origin^ly scheduled time. The City Attorney has indicated there is not a legal problem holding the hearing this evening since all of the required notifications have been provided. I have attached a Council agenda memo regarding the public hearing, and a letter sent to the Heads providing them with information regarding the proposed sewer project and zoning issues related to the property. If you have any questions regarding this item, please call me j COUNCI0IEETINQ ORONO CITY COUNCIL IvfEETING MINUTES FOR SEPTEMBER 14,1998 SEP 2 8 CTTY Of ORONO ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Finance Director Tom Kuehn and Recorder Tamie Gemar. 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. Moved by Goetten, seconded by Flint, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. (#2) LAKE MINNETONKA COMMUNICATIONS COMMISSION Tim Pattrin, Cable Commissioner, was present to discuss the upcoming vote for a renewal franchise agreement. Pattrin reported that Triax is required to rebuild its system and gave a brief description of the proposed system. Mayor Jabbour asked that Mr. Pesek, an Orono resident, be sent a note of appreciation for his willingness to serve as an alternate Cable Commissioner for Orono. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 24,1998 Moved by Goetten, seconded by Flint, to approve the Minutes of the Regular City Council Meeting of August 24, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner Silber was present and reported on the feasibility of an ice rink at the Orono Golf Course. The Park Commission does not feel that Orono is in a position to provide the quality of ice maintained by the City of Wayzata or Woodhill Country Club due to the amount of personnel hours needed to keep the ice at a high quality. The goal this year will be to improve the ice quality at Hackberry and Casco Point ice rinks. 1 J r L ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 PLANNING COMMISSION COMMENTS - JANICE BERG, REPRESENTATIVE Planning Commission Chair Janice Berg had no comments. PUBLIC COMMENTS Jean Bredeson, owner of a small consulting business in Wayzata, would like to relocate her business from Wayzata to 850 Wayzata Blvd., Wayzata Christian Center. She questioned Council regarding the current CUP, and whether her business would qualify under the current CUP. Mayor Jabbour replied that the use of the facility is restricted to residential use, and that schools and churches are an allowed use. Mayor Jabbour also stated that there is no provision for a CUP for her business. ZONING ADMINISTRATOR’S REPORT (#4) #2383 GARY AND CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - FINAL PLAT APPROVAL - RESOLUTION NO. 4156 Gary and Christine Valerius were present. Moved by Goetten, seconded by Peterson, to a adopt Resolution No. 4156 approving the final plat of Valerius Addition for Gary and Christine Valerius at 3750 Bayside Road. Vote: Ayes 5, nays 0. (#5) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BLVD COMMERCIAL SITE PLAN APPROVAL Cliff Otten was present. Van Zomeren reported that the request by the applicant is for a commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. Otten noted from Gaffron’s report that the "agreement is mute as to uses of Outlot C, hence the retaining wall/loading dock must be considered an amendment to the agreement". Otten suggested that if the agreement is mute as to Outlot C, it should be acceptable to put a retaining wall on it. Otten felt the loading dock is screened adequately from the neighboring properties. H'* •'Jso noted that the location of the loading dock is where they have been unloading the trucks for the past 8 yea"' Otten offered to sign an agreement with the City that when and if a road is constructed on Outlot C, he wou’d remove the retaining wall. 1 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED Kelley stated he is fine with the loading dock location. Mayor Jabbour asked Public Services Director Greg Gappa if the loading dock/retaining wall would be a problem when the City declares the road on Outlot C opened. Gappa stated the concern is the impact of having the loading dock closer to the residential area. Outlot C was dedicated for a future road and is currently serving as a buffer. Goetten noted during her site inspection that the location seemed logical for the loading dock. Gappa concurred with Goetten, but felt there may be zoning issues to look at. Mayor Jabbour stated Mr. Otten came in to ask for a Commercial Site Plan Review only for the greenhouse, but the only thing discussed was the loading area which has existed for the past 8 years. Joel Walvatne, 710 Dickey Lake Drive, inquired about the screening between Outlot C and his property. He stated that his concern is that commercial use is getting closer to his property line. Mayor Jabbour replied that he had visited the property line and saw it to be of a thick matted green blanket of vegetation consisting of a variety of evergreens, small dogwoods and scrub bushes. Walvatne noted for the Council a letter dated April 24, 1990 from Cliff Otten’s attorney Robert Mitchell. He asked the City to review #7 of the letter, which stated "with Cliff giving you the land to the west of your site you are assured that there will be no commercial use next to your home and instead that the commercial use will all be to the south and across the frontage road, if it is built." Mayor Jabbour replied that his understanding of Mr. Mitchell's letter is that Mr. Otten traded the triangular piece of property for Mr. Walvatne's piece (that section within Outlot C) assuring that the triangular piece will not be commercial. Mr. Otten is allowing the City to drive through his driveway, to get to the City Well located on Outlot B. If Otten takes his loading dock and puts it in the comer of Lot 1, Block 1, he might end up forcing the City to open the road designated as Outlot C to be able to get to the City Well on Outlot B. No one will benefit from the City opening this road. Kelley questioned the lot area coverage in the B-6 zone. Otten replied the lot area coverage is 17 to 23%. Kelley questioned the lighting effect the greenhouse will have at night. Otten replied the greenhouse is not a production greenhouse, it will be a sales greenhouse. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was cleaned up. When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. More plantings or a fence was discussed, but no conclusion was made Otten stated he was not opposed to adding more screening along this area. Flint commented on his review of the property. The front of the property was very nice and inviting, but along Dickey Lake Drive it is not. Otten replied that he would plant another row of trees behind where the trucks are parked. Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan review and amendment to P.U.D. to allow the existing entrance monuments at the eastern entrance to remain, and to allow ^he loading dock to remain subject to an agreement that Otten Brothers Nursery will remove the retaining wall/loading dock without compensation if the road is constructed on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery subject to the recommendations of the Planning Commission outlined in the report dated August 20, 1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work with City staff and the neighboring properties to determine additional screening to be provided by Mr. Otten. Vote: Ayes 5, Nays 0. The City Council also directed City staff to work with Mr. Otten regarding access to the City well. (#6) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. Gerald and Sandra Erickson were present. Weinberger reported the applicants are proposing to remove the existing house and rebuild a new home with the intent to keep the existing boat house. Originally the applicants proposed to exceed the lot coverage and hardcover within the 75-250' of the l^keshore. Upon the Planning Commission recommendation that they could build a principal struv,iure on the lot without requiring any variances, the applicants have revised their plan slightly. The applicants met with staff and submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted plan has hardcover at about 26%. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#6) #2406 GERALD & SANDRA ERICKSON, CONTINUED Mayor Jabbour stated that it would irresponsible for the Council to bypass the Planning Commission and pass a resolution absent all the documented facts. The zoning code states an ^plication must go through the Planning Commission review. Erickson stated that by adding an extra driveway, the structure is less than what the Planning Commission saw and it meets ihe City requirements. Mayor Jabbour replied that for the Council to act on this new plan, they would need all the facts, surveys, calculations, the footage, etc. Mrs. Erickson requested to add 420 s.f. of hardcover to extend the driveway, moving the house closer to the lake, to be more consistent with the adjacent properties. Goetten asked if the applicants were eliminating the 29.5% hardcover in the 75-250' lakeshore setback and the proposed lot coverage of over 15% with the new plan. Weinberger stated that in the past Council has counted hardcover that exists between 0-75' of the lake against allowed hardcover. This plan is at 27.2%. Mayor Jabbour replied that the Council only does this when given the permission to add it to the 75'. If it was legally conforming. Council did not deduct it fix)m the calculations. Goetten questioned why the boathouse would be removed when building a house. Van Zomeren replied that the City code requires a variance for an accessory structure to remain until a principal structure is built. Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4157 granting approval to allow the accessory structure, which is legally non-conforming to remain while the principal structure is tom down and rebuilt; and all the principal structure and driveway must conform to the existing ordinances. Vote: Ayes 5, nays. 0. Kelley questioned if the driveway is designed to have people backing straight out onto Casco Point Road. Kelley asked when in a year from now the applicants come to the City and say it is too dangerous to back out onto Casco Point Road and they need a backout on their driveway now that all 25% of the hardcover is being put into a very narrow driveway and a larger liouse, without taking into consideration the winters out on Casco Point Road. Mayor Jabbour replied that there is no provision for the City to tell them to do it any differently. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#7) EXTENSION OF INDUSTRIAL DISTRICT MORATORIUM Moorse reported to Council that additional time is needed to complete its study and consideration regarding the types of industrial uses compatible with the City’s long-term land use plan. The City Council has a scheduled joint work session with the Planning Commission on Wednesday, September 23 to address this issue and receive input. Steve White of VCI Capital and Chuck Guerin of Flamingo Wire were present. Mayor Jabbour agreed with staffs outlook on this issue, except he felt the existing ordinance should go back into effect on September 15, 1998. He expressed concern about holding the property hostage. Mayor Jabbour indicated he would vote against extending the moratorium. Kelley disagreed with Mayor Jabbour and felt the City needs time to deal with the issues. Mr. White may be the owner of the property today but he may not be tomorrow. Flint suggested staffcontinue to pursue the issue aggressively and see what the City should be doing in the area. Mayor Jabbour asked that members of the Council and Planning Commission tour the facility. Moved by Mayor Jabbour, seconded by Goetten, not to renew the Extension of Industrial District Moratorium. Vote: Ayes 3, Nays 2. Kelley and Flint opposed. (*#8) EXTENSION OF ADULT USE MORATORIUM - ORDINANCE NO. 177, 2nd SERIES Moved by Goetten, seconded by Flint, to adopt Ordinance No. 177, 2nd Series extending the moratorium on adult uses in all commercial and industrial zones. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour requested a letter be sent to the United States Power Squadron, thanking them for removing hundreds of empty 55 gallon barrels from Big Island. Goetten questioned where the City is with the noise consultant for the new proposed highway and if it has been approved by MNDOT. Moorse replied MNDOT was looking at the details of the agreement, but hopefully by the end of the week they will have it ready to go. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 MAYOR/COUNCIL REPORT CONTINUED Kelley asked if the noise study will include the east and west end of Orono. Moorse stated the area of study is from close to Old Crystal Bay Road North over to Greenglen Park. There will be 5 noise monitors located between Old Crystal Bay Road North and Greenglen Park to monitor the noise frequency of the trains as they go by. This will help in determining what type of mitigation is needed for future noise/vibration levels with the new road and railroad. Goetten requested an update on the County Roads Projects. Gappa stated that the last of the surcharge was taken off County Road 15 today. Once the surcharge is removed, they will begin to construct lanes on the north side and have the traffic shift to north side before winter. They plan on working on the south side until it freezes. Gappa stated the grading is done on County Road 6. Mayor Jabbour commented that the rock was not down yet. They plan on paving in September, Gappa stated. Kellogg reported no construction will occur on Femdale Road North this fall. The plans are to bid the project in January or February 1999 so we will be ready to go once the weight restrictions are off in the spring. Flint asked if anything is going to happen with Hennepin Parks and the trail along County Road 6. Kellogg replied that no construction is planned until spring. Gappa, Glenn Cook and Kellogg met with the County to discuss concerns they had, design standards, and what can or cannot be accepted. Revisions have been made and submitted to Hennepin County. Kellogg reported the Heritage Drive Sev/er Project is nearly complete, paving and sodding should be done in the next few weeks. The Little Orchard sewer project is nearly complete, and they are going to be jacking the sewer under Old Crystal Bay Road starting tomorrow. This should only take two to three days, then it will be complete. Kelley questioned Gappa on the signal heads for the stop light on Old Crystal Bay Road and Highway 12. Gappa replied he had received quotes and needs to send them to MNDOT. The signal heads should be in place by November 9, 1998. Goetten questioned the status of an interim solution to the County Road 15 safety issues. r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 MAYOR/COUNCIL REPORT CONTINUED Moorse indicated Bonestroo Associates has submitted a proposal to address traffic safety issues on County Road 15. Mayor Jabbour requested Administrator Moorse to send copies of the proposed 1999 budget and Council packets to Council candidate Bob Sansevere to help him understand the issues the City is currently addressing. ENGINEER REPORT (*#9) PURCHASE OF WATER METER FOR GOLF COURSE IRRIGATION WELL Moved by Goetten, seconded by Flint, to authorize purchase of Badger water meter for the golf course irrigation well from Hydro Supply for $780. Vote: Ayes 5, Nays 0. CITY ADMINISTRATORS REPORT (*#10) APPOINTMENT OF ADDITIONAL 1998 PRIMARY ELECTION JUDGES - RESOLUTION NO. 4158 Moved by Goetten, seconded by Flint, to approve Resolution No. 4158 appointing additional election judges for the Primary Election to be held on Tuesday, September 15,1998. Vote: Ayes 5, Nays 0. (#11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS NO. 4159 and 4160 Moorse reported the proposed 1999 budget and tax levy to be $2,339,140. This reflects the multi year budget projection of future needs. Kelley questioned adding a position to the zoning department. Moorse replied that this position would be for an interim period to allow time to get the Comprehensive Plan updated, the Zoning Code updated and get some property data and geographic base data information in place. The interim time would be for a maximum of two years which would be indicated to them at the time of employment. Kelley voiced his concern over hiring another zoning staff person for a two year period. How do you control what is given to this person so the expectations of this job is a two year job? 8 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS - CONTINUED Moorse replied that would be identified when they would be hired. This position would not be doing the updates, but rather take duties away from the current staff to allow them time for the updating of the City Comprehensive Plan and Zoning Code. Kelley questioned the expenditure of $28,000 for animal control services, and what happens to the animal control officer when any of the other cities decide to drop out of the contract. Moorse replied that if services to the South Lake Cities are eliminated, {hen the City would not need a full time ammal control officer and this position would be eliminated. Kelley voiced concern about recategorizing positions i:istead of eliminating either the animal control position or the zoning position. He did not want to see "creeping staff." Mayor Jabbour stated the reason Orono's taxes are going up is because Orono is changing from a village to an active city. Moved by Goetten, seconded by Peterson, to adopt Resolution No.4159 approving the proposed tax levy to fund from the 1999 budget. Vote: Ayes 4, Nays 1. Flint opposed. Flint stated he thought this was the year the City should try to hold the line because of the changes the State Legislature made which will increase the burden of property taxes on lower valued homes. He thought it would be difficult for the owner of a small house. Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4160 approving the proposed 1999 budget. Vote: Ayes 4, Nays 1. Flint opposed. (#12) SET DATE FOR TRUTH IN TAXATION HEARING Council set the Truth in Taxation hearing for Monday, December 7, 1998 at 7:00 p.m. and the continuation hearing, if required, for Monday, December 14, 1998. (*#13) LICENSES Moved by Goetten, seconded by Flint, to approve the home occupation license for Morning Staar Surgical. Vote: Ayes 5, Nays 0. HOME OCCUPATION LICENSE Morning Staar Surgical Thomas W. Clapp 475 Femdale Road North Orono, MN 55391 m • • ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (*#14) BILLS Moved by Goetten, seconded by Flint, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Barrett requested an Executive Session. ADJOURNMENT Moved by Jabbour, seconded by Goetten, to adjourn the meeting at 9:47 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor LAKE MINNETONKA CX)NSERVATION DISTRICT Balance Sheet As of August 31,1998 ASSETS CURRENT ASSETS PETTY CASH CASH IN CHECKING SAVINGS ACCOUNT INVESTMENTS ACCOUNTS REC.* OTHER TOTAL CURRENT ASSETS OTHER ASSETS 300.00 20.597.48 320.884.01 494.607.39 0 0.00 TOTAL ASSETS LIABILITIES AND FUND BALANCES LIABiLITtES ACCOUNTS PAYABLE DEFERRED COMPENSATION ACCRUED PAYROLL DEFERRED REVENUE REFUNDABLE DEPOSITS FEDERAL W/H TAX - GEN FEDERAL W/H TAX - EWM STATE W/H TAX - GEN STATE W/H TAX - EWM FICA W/H TAX - GEN FICAW/HTAX- EWM PERA WITHHOLDING TOTAL LIABILITIES 0.00 0.00 190.40 0.00 0.00 802.82 1.380.22 336.75 539.04 1.141.74 1.601.48 141.57 k FUND BALANCE 138.281.22 30.455.37 164.103.55 167.690.98 (21.792.26) 201.028.00 150.488.00 COUNCIL MATING SEP 2 8 CnVOFORONO 836.388.88 FUND BALANCE-1 2/31/97 Gen. Reserved (1) FUND BAL.-1998 General Operating FUND BALANCE - S/L (2) FUND BALANCE-1 2/31/97 EWM Reserved (1) FUND BAL.-1998 EWM Operating FUND BALANCE - EQUIP (2) FUND BALANCE - EQUIP. REPL (3) TOTAL FUND BALANCES TOTAL LIABILITIES AND FUND BALANCES General Reserve based on 6 months of operating expenses 8 EWM Reserve based on 12 months. (2) Donated funds which are derived from non-levied dollars (3) Non-operating funds which have been established to replace EWM Capital Equipment $836,388.88 6.134.02 830.254.86 $836,388.88 / lyV»L MINNL lONKAt.UNbLKVAilON UlblKICFFINANCIAL SUMMARY l£NniNG;7/31/96DEPARTMENT 10 • GENERALJan. Fob.BEXEHUEMunidpal Lavy 20,371 7,762 Mofcb April May June July %OFYTO BUDGET BUDGET 1007Aug. Sapl. Oct. Nov. Dac. TOTAL BUDOETBALANCEUSED ^DMuMpteyParm.Dock Uc 30,058 7,648OMALioonaa ’2,006 16,3!)0 16,323 5,159 11,866 6,532 10,036(110)2086Spedal OeraMy Vananoaa Oaidng Ltoama ChartarBoait UquorUoanao Special Evanis Court Fines Maioal<G4in8ral BWSECtots Otter Inoomo Reserve Alocaton SCO2502,2505,900 7,050 50 1,150 140 3,568 535 280 4,790 0 soo(125)6004,400 200 2,435 2,336 140 241 1004G0900 400 4,403 759 210 50 (250) 350 1,077 622 210 450(2,200) 100 3,128 650 350 27 1,250 150 6,152 605 70 1,226 125ISO•1000 3976 564 70 86.isa 100.G40 (23.462)78.56%6304870.876 72.000 (1,122)96.44%7032001000(1,000)0.00%003.500 (3,500)0(X)%07501,500 (/50)50.00%7603505,000 (4,650)7.00% 14734,050 5,000 (950)61.00%475016,300 12,000 4,300 135 63%13770 1,250 0 1,250 0 24,740 40,000 (15,260)61.85%21643 7,231 6,000 (/69)00.38%8409 1,470 0 1,470 0 6,334 2,000 4,334 31671%6326 TOTAL REVENUE 67.569 34,703 31.138 28.6J0 13.875 9.046 28.360 5,971 0 0 0 0 210.511 250.640 (40.120)64 54%201.719 Pfionii BiRicio Sahnias 5.785 10.058 7,943 8.150 8,476 0,404 10,025 6049 66.706 95.480 (28,682)60 96%62803 Employaa BanaHls 2.026 1,726 1,476 1.503 1,440 1,727 1,678 1291 12,077 16.618 (3,741)77.40%1(1030 ToW Para. Sarvtoa 7.811 11.766 0.420 9.602 9,024 11.131 12.603 7.340 0 0 0 0 79,676 112.096 (32.42:0 71 08%73733 OparaUno Suppiaa PrinIngMdwartWng 10 421 367 807 2.500 (1,693) 32.27%1907 Poetao^Gen 400 0 500 (180)745 678 15 2.156 4,500 (2.342) 47.97%2102 (Moa Supply 27 308 416 3:>9 142 242 1,464 5,000 (3.536)29 27%2832 toM Opv. SuppOae 400 27 808 255 1.0/3 142 1,009 624 0 0 0 0 4.420 12.000 (7.571)36 91%7021 RapatAMalnL Eqirip. MaMananca 97 900 235 188 1,420 2,000 (580)70.99%1073 ProIJSetvIoaa^Coinpuiw 0 605 606 1000 (395)60.50%376 ToM Rap. A MaM.o'67 900 0 2:i5 605 188 0 0 0 0 0 2,025 3,000 (975)67.49%2249 AMofnayFaaa Legal teas 1,524 2,320 2,295 0 7,126 3.263 1,954 1623 20.126 20,000 125 100.62%14310 PfOlictiion lool 5,344 6,840 6,380 4,443 4,547 3,976 3924 35.462 *v)^000 5,462 118.21%2(>206 Telel AAorfiay Fees 1,524 7 664 0,134 6.300 11.5fi8 7,630 5,929 5.547 0 0 0 0 55.587"Ur 000 6.587 111 17%39518 diiarSarvtoaa AudWng 2800 2,800 2,800 2/00 Pnrtaaaionai Sarvioee SOO TOO 410 f.16 313 563 024 1054 5,306 10,001 .4692)53.06%5287 (jka Use rtaneMy sludy 6:t 1.333 1,213 1,601 2172 6,407 0 <5.407 5632" EnvirAigml Plan Impl.122 122 0 122 0 Boater Ed. PM Program 0 0 0 0 MgmL PIv StuGoa 0 10200 (10.200)0.00%0 Record AfcbNal 0 10000 (10000)000%0 RarodMcaton iZoing 0 7500 J7,500J_000%0 11IlOO 622 506 3,6:36 1,645 1.776 2,526 3,227 0 0 0 0 14,637 37,700 (23,063)38 83%13.619 4i VPAGE 2 LAKE MIHNETONKA CONSERVATION DISTRICTFINANCIAL SUMMARY ENDING:7/31/90DEPARTMENT 10 - GENERAL YTOOMrClMTBM Tttaphone SmvIco PuMo Intomuriian OflioaRant InturanoaSubacfipiMambenNp TraMnglPrar.Oa«al MltoaQa^faval HanaCly RoomA Brd MaalngExpanan BWSE Expansas WiBbPaca/Inlamat Movaig Expanaas ConNn Jan.Fab.March April May Juno July Aua. SopL3163413333333443406762239513014776361.401 1,401 1.491 1.491 1,401 1.401 1.491 1491 %OFBUDGETBUDGET 1007 BALANCEUSEO YTD5.476ISO 1,23039528750167 153 656 465 191 850 126 66 116 238 107 30 45 45 509 45 75 15 509 25 0 25 25 25 25 25 50 177 27 2873 537 684 2.748 2.160 2.453 2.&I3 5.862 7.844 3.694 3.993 CapMilOuHay Fumiluia& Equip. Coraxilar SpnwrAHdwr 1021 TolM CapQM OiHlay 1,021 TOTAL EXPENSES 12.964 22.646 23.221 22.624 30.306 30.340 26.000 20,735 0 BAlAMCe 54.565 12.168 7,916 3.006 (16,433) (21.304) 2.201 (14.765) 0 0 0 0 0 2,77551011,9206,706106ISO566 2,286 527 1,274 200 0 4.496 4,1402,00017.9526,00045001,500 3.000 0 0 300 0 6.000 (1,365) 67.03% (1,484) 25.70% (6,024) 66.44% 706 111.77% (252) 44.00% ISO(932) 37.64% (712) 76.27% 527 1,274 (100) 66.53% 0 (1.502) 74.97% 26011231232867051200610 1924 0 0 0 2642 5000 O 31.627 41.342 (9.715) 76.50% 33.142 4 1.071 1,000 (996) 0.37% 2500 (1.429) 42 65% 262 0 1.075 3.S00 (2.425) 3072% 0 109.056 250,640 (70.584) 72.61% 160,544 0 30,455 32.175 ■ ^ Udiaiutm PAGE1 FINANCIAL SUMMARY L'NOINO DEPARTMENT 20 -SAVE THE LAKELAKE MINNETONKA CONSERVATION OISTFOCT7/31/96 YTD %OFBUDGET BUDGET 1997/•Jan.Fab.March April May June July Aug.Sept Oct.Nov.Oea TOTAL BUOGETBAIANCEUSEO YTDOonaioni3.153 425 55 25 8,640 4,605 2,805 100 20,006 30,000 (9.992)66.60% 24000IMmmI333147690219176 192 172 162 2,092 7,000 (4,006)29.89%2476S/L R«oognl0on dnn«115 575 600 800 (110)86.25%0 OOMTlnooiM 0 1.000 (1.000)0.00%3491T6tal A§7enue 3.(i01 1.147 MS 214 9.016 4,707 2.977 262 0 0 0 0 22,790 36,800 (16,010)56.74%30,050 EXPENDITURES . AdroWtlrtlY*• PMtm*100 500 600 2,000 (1,400)30.00%Prinlm^Adv.100 100 1,500 (1.400)6.67%,1 OMoaSuppm 2li2 67 320 200 129 164.55%90 PuMeSaf^1.955 1,065 3,940 3,916 22 100.56%6795 PubiBSatviM 1,617 275 2,560 so 175 4,667 15,667 (11.000)29.79%3040 PuMe Mb/Educ.250 5,000 2880 8,130 15,515 (7.376)52 46%2013 111100 1,617 275 2,5!i0 2,707 2,335 5,000 3.131 0 0 0 0 17,775 36.800 (21.025)45.61%10.507 Olur EiptfiMi Pwtaailonal Sarvloa •0 0 0 0 CammWMExp.0 0 0 0 Tatophona Expanaas 0 0 0 0 Coninaanoy 0 0 0 0 1 m OiiarliiDanaai 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL EXPENSES 100 1,617 275 2.5'jO 2,707 2,335 5.000 3.131 0 0 0 0 17,775 38,800 (21.025)45.81%19507 BAIANCE 3,501 (470)470 (2,306)6,252 Z461 (2.023) (2.860)0 0 0 0 5,015 10,552 M IS (. *u- t a -»TTl(>AdEf LAKE MINNETONKA CONSERVATION 0IS1HICTFINANCIAL SUMMARY ENDING: DEPARTMENT 30 • EXOTICS 7/31/Oe YTO %OFBUDOET BUDGET 1097jan.BEX£lUf£SMunicipal Lovy ’ 11.U64Mtmt 1333OOMrPubloAoandM RaMfV9 Fund Aloe.MID.4.578586 MOriTI12272759 Mpni96*18875 ivMiy6901714 elUIIV3,843766 11199688 1227648 9M'^ W 9 50,6668,36000 64,50012,00024,0005,500 (13,814)(3,631)(24,000)(5.500)78.58%69.75%0.00%0.00%53698991300TOTAL upvisnues ii^t4 3.906 10.5:^7.604 4.(09 11.087 1.876 0 0 0 0 59,055 106,000 (46.945)55.71%63.611iXPINOaUBSS PWMMiSinitoM S iIwIm FICAE xd . 46 4 10,083 838 10646 601 • 21,674 1,64? 22,645 1,655 (971) (13) 95.71% 90.21% 10259 1523 ToM PwMnfll Sofv.0 0 0 0 40 0 11.820 11,446 0 0 0 0 23.31(J 24,300 (984)K.95%20.782 Opmling SuppilM 107 603 30 381 1462 226 1963 2.003 3,000 (997)66.77%2211Fuel Harwalofnn/ofw Bci. Fuei-Suppy-Subiftiin Pi±lc Aootss Hortoicide 13 73 140 1,043 1,963 1.500 2.500 (457) (538) 69.52% 78 50% 416 3946 ToMOMf. Ctainloi 0 0 0 IS 710 112 521 3.651 0 0 0 0 5,000 7,000 (1.99?)71 55%6,573 Repair A MaMiiMno* Eijuipi Supply/Malnl Equ^. RAM EWM 769 17 3,911 5,651 256 3232 424 13,580 683 15,000 0 (1.420) 683 90.53%4306 83-1 Total Rod. A MaM.0 0 0 7ii9 17 3,011 5,009 3,656 0 0 0 14,26?15,000 (738)95.08%5.142 Gcinlraol Faas jOanaact Mechanic Faa Specialty Mechanic coni AIM Survovt 4,359 4,466 5033 12 ' • • -..ne \ . 14,758 0 1? 17,000 1,000 1,000 (2.24^0 (1.(X)0) (968) 66.81% 0.00% 1 23% mr 0 271 Total Ceniract Faaa 0 0 0 0 0 4.359 4.466 5.945 £'T 0 14.770 19,000 (4.230)77.74%8018 tniASarm Truck SarvleaMHol 0 8,033 * ^ ir * * ^ 0 0 8,033 15,000 (6.968)53 55%12801 Tolil Truck Oarvtoa 0 0 0 0 0 0 8.033 0 0 0 0 0 8,033 15,000 (6.968)53.55%12.00-I uviar cwnaDaa Tataphone Sendee PuMcMo EWM MtofkKIonip lindMwaler EwahiaBan B9 15 1.9G4 47 47 104 1.964 0 0 0 2.000 0 47 104 (36) 0 96.20% 301 25 1978 0 Total OBwrSafvtoaa 0 0 0 1)9 1,0/9 0 0 47 0 0 0 2,115 2,000 115 105.77%2.36/ PAGE 2 FINANCIAL SUMMARY ENDING DEPARTMENT 30 • EXOTICSLAKE MINNETONKA CONSERVATION DISTRICT7/31/Oe YTD BUOOET%OFBUDGET 1007Jan. Fab.March April May Juno July AUO.SapL OcL Nov. Dec.TOTAL BUOOETBALANCEUSEO YTDOBiarCliafgaa Poaiaga •0 0 0 0PrinlngMdv.73 188 . 261 0 261 201 UMtSUppiM 7 7 0 7 59 PnPaaalonal SaMcee SO 3/5 331 1361 1500 3,638 5,000 (1,363) 72.75%1780 iMfoma 214 214 0 214 0 Gominiilaa Eap.0 0 0 175MteagonVavel5860370 370 866 700 166 123.74%471Cofninotncy MMol 4,093 4,003 6,000 (3,907) 51.16%973 o0173 2J8 647 aoi 1.760 5.969 0 0 0 0 0.078 13,700 (4.622) 66 27%enKllfZabn Muaaat Exp.• Sahiitaa^0 1000 (1,000) 000%0 Opur. Equip 0 Supply 30 30 12000 (11.970) 0.25%0 ConIntie-icyAXhar 4000 234 4.234 0 4.234 0 fotilZabniMiiaaal 0 0 0 0 4,000 0 0 264 0 0 0 0 4.264 13,000 (6,736) 32.60%0 TOTAL eXPEMSBS 0 0 73 1,111 7,402 0,773 32,500 30,670 0 0 0 0 60,847 106,000 (28,153) 74.17%59.345 </ ♦ * I • J \ -i *****^**^‘ •*■****‘11 mmt RUTfnimiiiiRinrunaAriOir ^ juiA. awHi-aC-. . ■ ■ .,>.. ............-"t................ . ^... .■•% a ^ ^»-y ••■ h-iiLakeMinnetonkaLittoral Acres 1989 ‘»990 1991 1992 1993 1994 1995 1996 1997 19981Halsteds322000000000.00 0.002Priests760170-0 U 5 2 2 5.50 3 Cooks 131 41 69 0 0 0 15 24 29 30.50 30.00 4 W. Upper Lake 193 113 79 0 0 4 0 8 10 0.00 5 S. Upper Lake 320 0 64 37 0 31 30 33 35 34.50 29.50 6 Smithtown 33 0 2 2 1 0 0 0 8 0 0.00 7 Phelps 272 33 122 130 69 130 51 62 37 51.00 47.50 8 E. Upper Lake 261 32 78 23 0 30 53 47 26 0.00 9 Carmans 187 ^66 85 85 47 82 33 75 55 59.50 56.00 10 Spring Park 141 18 49 5 0 29 22 13 12 34.25 11 Black Lake 64 0 5 5 0 0 4 8 10 20.50 20.50 12 Emerald Lake 15 0 2 0 0 0 0 2 3 1.50 1.25 13 Seton Lake 41 0 0 5 4 0 1 10 6 0.00 6.25 14 Harrisons 183 0 30 40 0 0 0 '9 0 6.50 15 Jennings 174 0 4 5 0 0 0 5 0 0.00 16 West Arm 383 10 22 20 0 0 0 11 1 0.00 17 Crystal 285 51 108 0 13 0 29 3»40 60.00 57.00 18 North Arm 186 18 45 0 1 0 17 27 25 26.50 23.00 19 Stubbs 104 0 0 0 0 0 0 0 0 0.00 20 Maxwell 175 8 42 0 10 0 8 14 28 37.50 27.75 21 Lafayette 195 56 49 60 37 50 53 35 37 56.25 45.00 22 Smiths 244 65 157 0 18 47 19 16 0 0.75 23 Browns 209 21 55 50 29 37 27 20 0 0.00 24 Wayzata 198 26 24 6 11 38 8 21 8 58.75 25 Grays 127 0 7 12 17 30 8 44 30 20.25 25.25 26 Robinsons 27 0 1 0 0 0 0 0 0 0.00 27 St. Louis 20 0 1 1 0 0 0 0 0 0.00 28 Carsons 88 10 15 24 14 34 11 16 18 0.00 29 St. Albans 102 18 15 24 14 34 11 16 18 30.50 27.50 30 Excelsior 79 15 17 10 5 4 7 13 13 15.50 9.25 31 Gideons 150 28 25 45 17 36 37 14 37 51.25 44.25 32 Lower Lake S.310 39 44 35 4 19 23 25 17 34.25 41.50 33 Lower Lake N.450 0 109 30 0 0 0 0 29 0.00 34 Forest 49 0 0 0 0 0 0 0 0 0 0 35 Libbs 23 0 8 0 0 3 0 0 0 0 0 36Peavy 9 0 0 0 0 0 0 0 0 0 0 37 Tanager 50 0 2 0 0 0 0 0 0 0 0 SIGNIFICANT ACTIVITV - LAKE MINNETONKA The following is the significant activity on Lake Minnetonka (that we are aware of) since the* LMCO report of07/10/98. ACCIDENTS > 07/11/98 V 07/12/98 > 07/14/98 > 07/19/98 > 07/21/98 > 07/27/98 > 07/30 9S > 08/01 98 > 08/08/98 > 08/15/98 > 08/19/98 > 08/19/98 > 08/23/98 > 08/23/98 > 08/29/98 > 08/29/98 > 08/30/98 THEFT’S Lower Lake: Diving; Crushed vertebrae (quadriplegic) Phelp's Bay; Waterskiing: cut forehead Lower Lake: Capsized during storm; no injuries Lower Lake South; W/C rear ended another W./C Halstead's Bay; W/C struck submerged rock Wayzata Bay; Near drowning (S; beach Gideon ’s Bay; Waterskiing; Hurt butt E.xcelsior Bay; Minor W/C coIli.sion Crystal Bay; Fatal W/C Accident & three injuried parties Body recovered 08/28/98. Spring Park Bay; Submerged W/C Crystal Bay; W/C sunk Carmen’s Bay; W/C struck wake & landed on docked W/C Minor injuries - cuts & bruises West Arm; Minor W/C collision Excelsior Bay; WTiile docking, struck another W/C Echo Bay; Broken ankle between boat & dock Crystal Bay; Water skiing & hurt neck East Upper Lake; W/C Sank > Sorry - the detecti e is on vacation (again) - unable to find out theft areas, BWIs -JO- -so- S4.500 $1,500 $500 -$0- -$0- $4,000 Unk $6,000 $4,000 $23,162 Unk $500* -$0- -$0- Unk 2,6 >07/09/98Smith’s Bay; No Navigation Lights .16 V 07/11/98Lafayene Bay: Rules of the Road .15 %-07/10/98Smith’s Bay; Careless Operation .11 07/11/98Lower Lake South; Quiet Waters .17 >07/11/98Noerenberg Channel; Obstruct Channel .18 ♦.07/11/98Spring Park Bay; No Navigation Lights .12 A-07/17/98Lower Lake; No Navigation Lights .13 y 07/17/98Crystal Bay; No Navigation Lights .14 >07/24I9Z Crystal Bay; Speed 33/20 .10 Cr r > > > 07/25/98 07/25/98 07/26/98 08/05/98 08/06/98 > 0&'06/98 > 08/06/98 08/08/98 08/12/98 08/15/98 08/21/98 08/21/98 08/28/98 08/29/98 08/29/98 08/30/98 08/30/98 09/01/98 09/03/98 > > > > West Aim; Called in by Orono PD Spring Park Bay; Speed 32/20 Wayrata Bay; Welfare Check Echo Bay: Quiet Waters Echo Bay; No Navigation Lights Echo Bay: No Navigation Lights Phelp’s Bay; No Navigation Lights Phelp's Bay; No Navigation Lights Smith’s Bay; Assisting Orono PD w/Assault St Louis Bay; Illegal Mooring West Arm; Reckless Operation West Ami; Speed 30/20 Crystal Bay; No Navigation Lights Lafayette Bay; No Navigation Lights Crystal Bay; No Navigation Lights Crystal Bay; Speed 34/20 East Upper Lake; No Navigation Lights Ciystal Bay; No Navigation Lights West Upper Lake; No Navigation Lights .13 .15 .13 .10 .09 .15 .15 .11 .21 .18 15 .14 .13 .15 .12 .17 Refusal .10 .16 C3-S7-19S3 IS:44 eic 4710632 LflCO P.Ol LAKE MINNETONKA CONSERVATION DISTRICT June 26, 1998 TO:LMCD Member Cides FROM: Greg Nybcck, Executive Director SUBJECT: Adopledl 999 LMCD Budget Enclosed is a copy of the 1999 LMCD Budget, which was adopted and certified by the LMCD Board at the 6/24/98 meeting. Minnesota Slate Statute 103B.635, Subd. I requires the LMCD Board, on or before July 1 of each year, to prq>are and submit a detailed budget of the cistricl’s needs for the next calendar year to the governing body of each municipality in the district with a statement of the proportion of the budget to be provided by each municipabty. Per enabling legislation, the maximum levy the LMCD could forward to its member communities in 1999 is $191,938.01. We are pleased to forward an approved budget that is well below this maximum levy at $151,208.00. The 1999 LMCD Budget breaks down to two budgets, Administration and EWM/Exotics. A general overview of the key highlights of both budgets is detailed in Appendix A. The LMCD maintains five reserve fund accounts. These accounts include Administration, EWM/Exotics, Save the Lake, New Equipment Acquisition, and Equipment Replacement. Both Save the Lake and New Equipment Acquisition funds consist of donated funds which are are derived from non*taxable dollars. These funds are being held separate for purposes for which they were donated. Administration, EWM/Exotics, andifip Equipment-Aagi«KfBh funds are darived from tax dollars which arc levied to the 14 member communities. Equipment Rq|)lacement is for non ­ operating purposes and has been established to replace capital equipmen in the milfoil ­ harvesting program. Both Administration and EWM/Exotics funds a^v u?ed for operating purposes. Reserve fund balances of six months for AdminisiraUon an-- il. »onths for EWM/Exotics have previously been agreed upon. It is anticipated these i-eserve fund balances will be achieved by 12/31/99. In closing, your city has the ability to require the LMCD to hold a heanng if your city has an objection to the adopted 1999 budget. On behalf of the LMCD Board, I would like to thank all 14 member cufnif.vnilies for your continued participation and support in District related activities. Feel free call the office at 471-9588 if you have questions or concerns. 7 r L 09/25/ISB3 12:20 012-942-9204 AVIATION OHaPTEP PA'.ih »J2 COUNCIL ME^riNQ SEP2 8 199B ^ 2^30?© September 24, 1998 cmroFORONO Mayor and Council Members Gemletnen I am corresponding to bring you up to date on the progress of our remodeling project located at 710 North Arm Drive. Over the last five months our family has worked with the planning commisssion to receive approval for a home renovation on our property. Our initial request sought approval for a four hundred square foot addition to tite south side of our eight hundred square foot home. Our request was tabled by the commission until city staff could visit the sight to determine whether there would be an impact due to a bluff located on the southerly boundary. Our second appearance before the June Planning commission responding to the commission’s request for a site opinion produced a staff letter stating that there would be no bluff impact by proceeding with the proposed addition. Regardless, the request was denied and commission’s suggestion was to start over again and go up in height with the house and keep the footprint intact. Our third appearance in July followed commission’s direction and went up in height with the home as wdl as squared up the foundation on the westerly side of the house. The commission approved this third request and passed on to city council for approval. The plan, executed by Mike Sharratt. of Sharratt Design, was approved at the council level. A permit was subsequently issued after obtaining a structural engineer ’s report approving the integrity of the existing foundation. During the renovation process which required furring out the out:nde two by four walls to meet today’s two by six stud codes we discovered rotted, insect damaged, and/or cut up or missing studs and poorly reinforced attempts at patching. We needed to brii^ the two by six studs up to today’s city code requirements of Orono. It was not possible to flir out the existing ii^adequate two by fours so we desire to replace with new two by sixes. While removing the basement ceiling for placement of the steps it was noted the floor joists were partially removed, in bad condition, and would not pass code. Our contractor initiated a call to the building inspector to check the new footing in the squared off southwest comer of the house and advised the inspector also of the floor joist status. Upon inspection by the inspector he concurred that the existing floor joists would have failed inspection and would have been “red tagged”. The inspector advised the 09/25/195S 12:26 612-942-9264 I AT I Ot I CHAPTER PACE 03 construction crew that he was cldlfiig? lift ftirther notice and also suggested that the house should be moved back ten feet and made wider. As owners of the home our only attempt in remodeling was to provide a substantial stiuctural framework to support our investment. There w'as no attempt to circumvent the city’s approval for renovation which was indeed evidenced by our 6r't attempt with the planning commission to only extend the southerly side of the house, vur desire is only to bring the house up to today’s code standards. We wish not to overstep the approval process to put our project in jeopardy of completion. Our present Kving quarters are available only until December fi/st. If wo encounter a further delay we face losing our contractor’s slot for our project. My wife and I would welcome the opportunity to show you the site and answer any questions or concerns that you may have. We are available throughout the weekend at #476*9677. Respectfully submitted. homeowner 710 North Arm Drive r COUNCILMEETINQ SEP 2 8 1998 REQUEST FOR COUNCIL ACTION DATE: September 24, 1998 ¥ITEM NO.: Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2368 Kirk and Susan Otteson 710 North Arm Drive Reconsideration of Previously approved Variances This application was reviewed by the City Council at the July 27, 1998 Council meeting. Variances were granted to allow the residence to add a second story. The following variances were required: 1. An average lakeshore setback variance to remain 12'-15’ ahead of the average lakeshore setback; and 2.A hardcover variance in the 75'-250' .setback to allow 27.69% hardcover to "square ofr the house -.ud to keep the exist ’riveway area and sidewalk where 24.15% previously exited. 3.A top of bluff setback to allow ^ .quared off" where approximately half of the residence is located in the requited 30' setback. The applicants' builder was issued a building permit on September 11, 1998. As they removed the roof and portions of the interior they discovered that there were ants in some of the walls and that the floor joists had been comprimised for plumbing and venting. The interior and exterior walls were then completely removed. The foundation and the floor remains. The Building Inspector stopped work and informed the builder that it would need to be reviewed. The applicant's engineer has provided the attached drawing indicating where approximately 8'-10' of the foundation on the east side requires underpinning. #• COUNCIL ACTION REQUESTED: The application has been brought back to the City CouncU by staff to confirm whether or not the current situation meets the original intent of me variances that were granted or is beyond the scope of the variances and requires reconsideration by the Planning Commission. If it meets the intent of the previous resolution, work on the residence may resume without any further City Council action. If it does not meet the intent of the resolution, applicants need direction regarding submittal of a new plan. A new plan would not eliminate the top of bluff setback variance. A new plan may be able to reduce the hardcover by reducing the size of the foundation. The average lakeshore setback variance may be eliminated if the north foundation wall was removed and a new wall constructed 12'-15’ south of the existing foundation wall. Attachments I I J C,9/23/98 12:41 FAI 612 342 9482 BKBM ENGINEERS • Ji f ^ w ^ 4 A r. * ‘ I @003 4 .--4 Z-a^lOTR. ll^ 1^1' Pl»4 /kUP DosMSU Ul^w. fOlAJP^r4PU luto ctfwc. Puasp. ■fo CxtS't^Uc. / 1 2. 2.-1^ 3.. 2* *0 -24'<a4’Vil___ p^90fiUC«. lfc*<tet.ti7 pAO _ I &eO &(£A.b\/ruv&H- ^ur -wp * ^ T«j»r • § ItKi^'O UC'. /Im\'t»'fiftM' I O^jGOOC . ^0- 0>v^lt AkUP _____C/'COJC. rtSOCl TO^UPK5 arf «tAklCL e<ist'iuc>. supffOKT <ou etf»OP .Ri*^»i-ce.. I z-to-f i^ orr>.a|r6a (bM joisrr/Pttud 4 '^UAjSlUt. - *V- % 1^' rtwMiuT ,(—ir (;.g^to-fct. Pugte>BL.Jcn31». r6l.6kr»,^pf»|Kir po^«, ^wa.d>P. / I xTc,e.c?/ve gxi5'TiU6. |i------ p.KTe-a.o^tv<to»ufc*6 * -- » k.i^ ^ P p. 1,2 HP® I 09/23-'88 12:41 F-M 612 342 9482 _BKBM ENGINEERS ^002 BAKKE KOPP . BAUJ0U& McR^RUMNC. MmiMfieis. Mfinncaota RocliMtir. Mnranea MMBhiN. Mnneagb Sioux Pate. Soutt) Dakota .DESIGN OF PHORSSIONM. BiGWEBtS (JAJ&rp/ SHEiT NO.}. OATi ----------------- r>f SIGNED.———---------— i v\ n\ ry W ^ (JNO^ SECTION UNO^^FlN ' 09/23/98 12:41 FAX 612 342 9482_ _ _BKBM ENGINEERS 2002 ’ Bakke KOPP ^ QAL1XXI& McR^RUMNC. MinnMiMis. MinnMoti RocM«tw. Mbmana Manhal. MlmcMd Slou» Fita. SoUtti Oatato SmCIT no .J FflORSSIONM.BIGMEERS .DESIGN OF (JJ --------------------- r»£)_____PESIGNI^. nS fT\ T\f VZ/ ' £JAID^<F/^ tcr/oN r ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 PLANNING COMMISSION COMMENTS - DALE LINDQUIST, REPRESENTATIVE Comniissioner Lindquist had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR S REPORT (#5) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - FINAL PLAT approval & CONDITIONAL USE PERMIT - RESOLUTION NO. 4125 & 4126 Goetten moved, Peterson seconded, to adopt Resolution No. 4125 approving the plat of Maxwell Landing for Robert -nd Iris Waade. Vote; Ayes 4, nays 1. Kelley voted against the proposal because he had \. cviously opposed the application. Gocucn moved, Peterson seconded, to adopt Resolution No. 4126 granting a conditional use pemit for duplex use for the property located at 3280/3290 North Shore Drive for Robert and Iris Waade. Vote: Ayes 4, nays 1. Kelley voted against the proposal because he had previously opposed the application. ^ (#6) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE-VARIANCES- RESOLUTION NO. 4127 Mr. and Mrs. Otteson were present. Van Zomeren reported that the application is for a second floor addition that would require top of bluff setback, average lakeshore setback and hardcover variances. Planning Commission expressed concerns about the top of bluff setback in relation to the ravine. The most recent proposal requires no further encroachment into the top of bluff setback or the averap lakeshore setback than whui cunently exists. Staff has recommended that the driveway and sidewalk remain as there are safety issues ^ • exiting the property. Planning Commission reviewed the proposal at three meetings and recommended approval of the current request. Goetten noted that she had attended two of the Planning Commission meetings, and both tlw applicant and Planning Commission had worked hard to develop a plan that would be best for the property. >*> ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (U6) it2S68 KJRKOTTESON, 710 NORTH ARM DRT/E - VARIANCES - RESOLUTION NO. 4127 -continued Kelley moved, Goetten seconded, to adopt Resolution No. 4127 granting top of bluff, average lakeshore setback and hardcover variances to allow a second story addition to the existing residence located at 710 North Arm Drive. Vote: Ayes 5, Nays 0. (#3) KELLY COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 5:53 P.M. John Kupfer was present representing the Kelly Cove joint use dock license application, •Gaf&on explained that the Kelly Cove Homeowner ’s Association (KCHA), the owners of four duplex units at 2497-2503 Kelly Avenue, have made an application to relocate their joint use dock system from Outlet A, Navarre Cove to Outlot A, Kelly Cove. The KCHA would like to move the existing dock system closer to the duplex units and avoid crossing Lot 3 to reach their uocks. Gaffron gave a brief history noting the following points: In 1958 dreu;-:v g was approved in the lagoon through DNR permits. Dredging continued in 1969 to increase the lagoon. In 1976, the 6 acre parcel was divided into three single family lots. - Duplex conditional use permits were granted in 1977 for the larger, 3 acre parcel. Three buildings, each holding Uvo units, were constructed totalling six dwelling units. A joint use dock license was approved for six slips, one for each dwelling unit, although the request was for twelve slips. Planning Commission and Council limited the docl^ because of the impact on the neighborhood and environment of the lagoon. The location of the docks was chosen to avoid crossing the wetland to get to the docks. - In 1979, the lot with three buildings was divided into three separate lots with a . building on each lot. Lots 1 and 2 had easements over Lot 2 to reach Outlot A where the six slips were located. - A replat was done in 1984. Lots 1 and 2 became Outlot A, and Lots 1,2,3, and 4, Kelly Cove so that each half of the duplexes could be sold separately with a commons outlot. In the spring of 1998, the City aj-proved reconstruction of a duplex at 2505/2507 Kelly Avenue. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; AND SECTION 10.56, SUBDIVISION 16 (C-2) FILE #2368 WHEREAS, Kirk Otteson and Susan Otteson (l»ereinafter "the applicants") are owners of the property located at 710 North Arm Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Lot 3, Auditor's Subdivision Number 362, Hennepin County, Minnesota lying Southerly of a straight line draun through 2 points extending Northeasterly to the water line, 1 point being in the Southwesterly line of said Lot 3, 40 feet Southerly along said line from the most Westerly comer of said Lot, the other point being 50 feet distant at right angles Southeasterly from the Northwesterly line of said Lot distant 172.6 feet Northeasterly measured along said line from the most Westerly comer of said Lot, according to the recorded plat thereof, and situate in Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 18, June 15, and June 20, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (C-2) to permit an addition to the existing residence to allow a second ftoor where the existing residence is located within the required 30' top of bluff setback and encroaches into the average lakeshore setback where 3,100 sq. ft, (24.15%) of hardcover exists in the 75-250' setback where 3,566 sq. ft. (27.69%) is proposed and 3,219 sq. ft. (25%) is allowed. Page 1 of 5 r Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2368. The property is located in the LR-IP Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .46 acres or 19,945 sq.ft. The Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The subject property does not meet lot area, lot width, bluff setback or average lakeshore setback. B. The residence was built before 1956 and has a 905 sq. ft. footprint. C. The topography of the lot changes grade by 25 ft. from shore to the street. A ravine is located along the east property line. D. The adjacent residence to the west encroaches on the required 10' side yard setback. E. The adjacent property has a garage that is located 1.5 ft. from the side property line. The topography and sight lines to the street require that the property owners retain a driveway pad to enable turning around in the driveway to have visibility to exit safely from the property. F. The proposed addition meets height and structural coverage limitations and will not inhibit views from adjacent properties. G. The proposed addition will not further encroach on the bluff or ravine. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 10.24, Subdivision 5 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.J6, Subdivision 16 (C-2) to permit a second story addition and improvements as submitted in the survey dated April 7, 1998 and revised July 7, 1998 by Westwood Engineering. 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 wili expire on that date (July 27, 1999). 2.Violation of or non-compliance with any of the terms and conditions of tliis resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 3. ATTEST: The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of July, 1998. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 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. Notary Public Page ^ of 5 ns nd of a STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of .»___, before me a Notary Public within andfor said County, personally appeared known |o me to be the person(s) described in and who executed the foregoing instraSiiSnSd acknowledged that he (they) executed the same as his (their) free act and deS ' ^ Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of 199 ___, before me a Notary Public within andfor said County, personally appeared kriown to me to be the person(s) de^ribed in and who executed the foregOaxa* . acknowledged that he (they) executed the same as his (their) free act and deed.mg instrument, and Notary Public Page 5 of 5 1 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:July lO. 1998 SUBJECT: #2368 Kirk Otteson 710 North Arm Drive Variances-Public Hearing Zoning Dbtrict: LR-IB One Family Lakeshore Residential District (I acre) Lot Area:19,945 sq. ft. (.46 acres) Application:The applicant appeared at the May and June Planning Commission meetings requesting average lakeshore setback, bluff setback and hardcover variances in the 75 -250 ’ setback to allow an addition to an existing residence that is located forward of the average lakeshore setback within 30' of a bluff where tii3 existing hardcover is at 24.15%. The applicant has submitted an alternate plan to add a second floor to the existing residence. The alternate plan to add a second story requires variances for average lakeshore setback, bluff setback, and hardcover in the 75'-250' setback. Pertinent Ordinances: Section 10.24, LR-IB, One Family Lakeshore Residential District Section 10.22, Subd. 1 and 2, Lakeshore Setback and Hardcover Regulations Section 10.56, Subd. 16, C. (2) Bluff Setback U2368 KirkOiteson 710 North Arm Drive July 20, 1998 page~l TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator July 10, 1998 SUBJECT: #2368 Kirk Otteson 710 North Arm Drive Variances-Public Hearing Lot Area: Zoning Dbtrict: LR-IB One Family Lakeshore Residential District (1 acre) 19,945 sq. ft. (.46 acres) Application:The applicant appeared at the May and June Planning Conimission meetings requesting average lakeshore setback, bluff setback and hardcover variances in the 75 -250 setback to allow an addition to an existing residence that is located forward of the average lakeshore setback within 30' of a bluff where die existing hardcover is at 24.15%. The applicant has submitted an alternate plan to add a second floor to the existing residence. The alternate plan to add a second story requires variances for average lakeshore setback, bluff setback, and hardcover in the 75’-250* setback. Pertinent Ordinances: Section 10.24, LR-IB, One Family Lakeshore Residential District Section 10.22, Subd. 1 and 2, Lakeshore Setback and Hardcover Regulations Section 10.56, Subd. 16, C. (2) Bluff Setback *12368 Kirk Otteson 710 North Arm Drive July 20. 1998 page—I ANALYSIS T.ot Area and Yards LR-IB District Standards Lot Arsa Lot Width Street Yard Side Yard Lakeside Yard Bluff 1 acre 140'35'10'75'and ALS* 30' from top of bluff ^Average Lakeshore Setback Subject Property Lot Area and Yards Lot Area Lot Width Rear Yard Side Yard Lakeside Bluff 19,945 sq. ft. (.46 acres) 100'at lakeshore 95' at 75' setback 29' to SW comer of garage W-22.5' H-30.4' existing and proposed 78'-83’ from OHWL 12'-15' ahead of the ALS 5' from top of bluff The subject property does not meet the required lot area or lot width standards. The ex> .'^i*** structure and proposed second story addition meet the side yard setback requirements. The ad(L^A% would not further encroach into the required bluff setback. U2568 KirkOueson 710 Sorth Arm Drive July 20. 1998 pagt—2 i . = I Structural Coverage Total Lot Size 19,945 sq. ft. (.46 acres) Total Structural Coverage Allowed 2,991.75 sq. ft. (15%) Percentage House=905 sq. ft. Addition=47 sq. ft. Garage=591 sq. ft. Totai=l,543 sq. ft. (7.7%) The proposed amount of structural coverage is less than the 15% lot coverage requirement. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75’7,069 sq. ft.None None None None 75’-250'12,876 sq. ft.3,100 sq. ft. (24.15%) 3,219 sq. ft. (25%) 3,566 sq. ft. (27.6<^%) 347 sq. ft. (2.7%) The existing amount of hardcover is slightly less than 1% of the total amount of hardcover allowed on tne subject property. The applicant proposed removing 221 sq. ft. of hardcover by eliminating the sidew^k and 207 sq. ft. of the driveway turnaround to further reduce hardcover. However, staff recommends that the sidewalk remain to provide a reasonable walkway to the entrance. Staff further recommends that the driveway turnaround be allowed to remain because of the existing topography and the obstructed sight lines created by the adjacent garage to the west. This is not a driveway that staff can comfortably recommend that the resident and guests should back out of onto North Arm Drive. The new harden if being added is to the street yard side of the existing residence to square off the master bedroom and the dining room and to allow an entrance deck. A hardcover variance to increase a deck by 48 sq. ft. and the house by 47 sq. ft. is required. H2368 KirkOtiesoft 710 North Arm Drive July 20. '993 page---} r STATEMENT OF HARDSHIP Criteria for Determining Undu? Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used as a residence without the variances. However, ^ existing residence has a 905 sq. ft. footprint. Additions were made in 1956 and 1964. The applicants are asking for variances to increase the amount of space in their home a*id improve the flow of the floor plan, maximize lake views, add living sr ace and upgrade bathrooms. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The situation is caused by the existing residence being located forward of the average lakeshore setback and in the top of the bluff setback area. A hardcover variance coidd be eliminated if the sidewalk and driveway turnaround were removed, however, staff is not recommending that this non-structural hardcover be removed. 3. The variance, if granted, will not alter the essential character of the locality. If the variances are granted, the second story addition will not interfere with views from adjacent property nor have an impact on the ravine. 4.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing residence was constructed before the current zoning regulations. 5.The conditions do not apply generally to other land or structures in the district in which said land is located. The subject lot is unique due to its location near the ravine, the topography of the lot and the need to retain the sidewalk and driveway turnaround, and the proximity of the adjacent residences and the average lakeshore setback. 6.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. $2368 KtrkOneson 110 Sorth Arm Drive July 20. 1998 pagt—4 J ■ 1 The applicant should provide his testimony regarding the need to maintain his property rights by constructing a second story addition. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The existing residence is partially located in the required bluff setback area and the average lakeshore setback area. The existing amount of hardcover is slightly less than \% of the maximum amount allowed. Very few, if any, changes can be made to this residence without requiring a variance. If the structure were removed, a lot area, lot width and bluff setback variance would most likely be required. (See building pad exhibit). Isulis 1. 2. 3. 4. The subject property does not meet the lot area, lot width or bluff setback requirements. The existing residence is located ahead of the average lakeshore setback. The residence was built before 1956 and has a 905 sq. ft. footprint. The topography of the subject lot rises 25 ft. from the shoreline to the lakeside of the residence. A ravine is located along the east side of the property. The garage is located at a higher elevation than the house. 5.The adjacent residence to the west does not meet the side yard setback. It is located 2.5' from the property line. The applicant has indicated that he does not want to build into the side yard because it would further reduce the distance between the principal structures. 6.The adjacent property also has a garage that is located 1.5 ft. from the property line. The proximity of this garage to the property line and its relationship to the street blocks sight lines for exiting from the subject property. Therefore, the driveway turnout should remain to allow the residents to have better visibility in backing out of the garage and entering onto the street. 7.The proposed alternate design does not further encroach on the bluff setback and does not interfere with views. fl2368 KirkOtmon 710 North Arm Drtve July 20. 1998 pagf—5 ■> 1‘‘ STAFF RECOMMENDATION To discuss the alternate plan and review the requested variances. Attachments A Application B Location Map C County Plat Map D Topographic Map E Original Request F Alternate Plan & Building Pad G Lakeside Elevation H Cross Section I Floor Plans J Permit Record ff2J6S KirkOtteson 710 North Arm Drivt Mify20. 1998 page-^ APPLICATION EXHIBIT A Application # Date Received Amount V2lHt3oD 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 "7/q Da AAA/ Property Identification Number (P.I.D.), Attach legal description to application if not included on required survey. Date Pronerty Acquired Apa\\ ______________^(month/year) I (do) (do no^ also own the adjacent parcels of land. Present use of property: )f residential ___pother (specify). Zoning District: I ____________________________ APPLICANT Name Malt Address: ho A/att-fk Aa.f^ City: AdovAcl Phone (home ) Phone (work ) 9V.A - /5* / ? Zip:XSH^ OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:,Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $, Describe request in detail: See. A44^We^__________________ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width X Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore X Other (specify) "'SLMIP’JF HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventinguescnbe undue nardsnip or practical ditticulty or unusual pn compliance with Zoning Code requirements: Set. A'Wcxlut^ (attach additional sheets if necessary) c . , e / * h j ( 1 REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1 X 2. K. 3. X 4. 5. 6. X Nl 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 814" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 854'* x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11"). List of the legal names (include marital sta^) of all persons with an interest in the property. This would mclude 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 yflui: 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 pa)mient) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date 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. Date Applicant must have all submittals into the City offices 25 days before the Planning Commission M'^eting. 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, ple^c make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 r Description of request: Hardship/description of unusual property conditions; We would like to request a variance for the address of 710 North Arm Drive. We would like to add a small addition to the south east of the current structure and remodel the existing house. Tlie new addition would not be going any closer to lake Minnetonka but paralleling the shore line approximately 85 feet back. Unfortimately the house is positioned close to a bluff on the south east side of the lot. The bluff descends any where from 6 to 3 feet veilically on the soutli east side of the lot. The south east side of the bluff appears to be man made to accommodate a small road or path r 740 ^ ▼ A % A *North Arm Drive. ■ Currently the house is old and is need of major remodeling and code guidance. The roof needs to be replaced, the siding and windows are starting to rot and need replacing and some to the wiring is questionable. We need to remove the roof and put on a new one. We would like to gut the intenor of the house and update the wiring to code and make two new bedrooms and two baths upstairs. A new kitchen and living space will also be added. All the exterior siding will be replaced along with replacing the deck on the back of the house and adding an entry to the front of the house. All of the work will be carried out in a timely manner and performed by professional carpenters. ry•r $ .. ' f : * i.* i - T ^ i County Plat Map \ \ \ (U 0k,/l7-\a3-‘f3- /> . \ r^\ \ V V ^ V(2) / ^ '''4’^s. \ \, \ ^9V %^■r. 't- ^c?'^'9, • <b^ r \ • • I j Topographic Map llo Adth DE.IV6 r ORIGINAL REQUEST K--/ / r IK. V Proposed Alternate Plan & Allowable Building Pad AL/fJOS J r Lakeside elevation (Wk-oj-i) ^<sAUE::K4'*-i-0' Cross Section for Second Story Addition ALL 'TO ^ C^iTtfleP /. ■-----------------------/ / / U0X£: AUt'ernsocfURAU Ff»A New Puoe mJee® *® exiST/w^ ft«5P3bi&'T^,f^wNPAnoKi^iK €j‘TBPCdi;i^^ 0hL6jlK€gR., ;iiipjuF»“ S3 [in 1^ / 2A’0' Floor Plans ¥iayR. Plamoa r "710 A)or^ Arrv\ Q m. PERMIT RECORD PERMIT RECORD Permit No.Date Type of Permit /<!> - - <g> </,>4dc>t • <^9^/7V A'CLA.A yy;3 r ^^i>9 //- /V- ^9/3 M P L-g^ /7 >L> U>I-)‘^//- V-JP-o I tfi^AmtiTCYmiiVlflWWMn iri m ■ rmu.an Vit*•■■■*. • I tt* a'lt / — •■ ■ AkTMitm I mt •.“ k A • .r. Application Date: Completion Date: 60 Day Deadline: 7/22/98 inim 11/24/98 COUNCltME-Ti'.'l^ SEP 2 2 I®'® CTTV Ov OftONO REQUEST FOR COUNCIL ACTION DATE: 9/23/98 ITEM NO.: 5^ Department Approval: Administrator Reviewed: Name Paul Weinberger Title Assistant Zoning Administrator Agenda Section: Zoning Item Description:#2401 Thomas and Margaret Radke 3424 East Lake Street Variance-Public Hearing Zoning District:LR-1A One Family Lakeshore Residential District (2 Acres) Application: The applicants have proposed to construct an accessory structure on an outlot jointly owned by three properties located at 3424,3444, and, 3464 Eastlake Street. The proposed building is a 10’ by 14' storage shed for a total of 140 s.f. The aggregate square footage for the entire lot would be 320 s.f The City Council allowed an accessory structure to be built on the lot to serve property located at 3464 Eastlake Street. This application requires the following variance: 1. To allow an accessory building to be constructed on a lot without a principal structure (Section 10.03, Subd. 9(A). PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 3 to 2 vote to: Approve the variance as submitted with the condition the shed be held to a maximum size of 140 s.f COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. trrm ■ iwra i ■ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) FILE #2401 WHEREAS, Thomas Radke and Margaret Radke (hereinafter "the applicants") are owners of the property located at 3424 Eastlake Street within the City of Orono hereinafter "City") and legally described as follows: Outlot B, Bayside Beach, Hennepin County, Minnesota, (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 September 21, 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 variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit construction of an accessory s'jucture where no such accessory structure is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2401. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on September 21, 1998 and recommended approval on a vote of 3 to 2. 4. The Planning Commission made the following findings of fact: Page 1 of 6 5. 6. A. The City Council approved after-the-fact variances to allow an accessory structure on the lot, with the condition that future proposals for additional accessory structures on the property may result in the requirement to remove the existing shed. B. The oullot was created for the purposes of holding a gray water septic system to serve the three adjacent properties, although sanitary sewer has been provided and the septic system is no longer necessary. C. The outlet is jointly owned by the adjacent property owners located at 3424, 3444 and 3464 Eastlake Street. D. All property owners support the applicant's proposal. E. The size of the accessory structure shall not exceed 140 s.f. The proposed location of the accessory' structure has sufficient screening to reduce the visual impact from Bayside Road. F. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grant a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to allow an accessory structure on property with no principal structure where no such structure is normally allowed. Approval was subject to the following conditions: 1. All persons with interest in Outlot B shall sign this resolution. 2. 3. 4. 5. The accessory structure shall not exceed 140 s.f. 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 (September 28, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Cleric Gabriel Jabbour, Mayor Property 0\vT>er(s) Page 3 of 6 Property Owner(s) Property Owner(s) STATE OF MINNEl OTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of September, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of and for said county, personally appeared , 199 _before me a Notary Public within 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 6 i .......................................... . STATE OF MINNESOTA ) ) cs. 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. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this day of 199 _before me a Notary Public within and for said county, personally appeared_________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) SS* COUNTY OF HENNEPIN ) Notary Public On this day of , 199 _before me a Notary Public within and for said county, personally appeared_________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 I*' 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared ________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 6 of 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Thomas and Margaret Radke 3424 Eastlake Street Long Lake MN 55356 ZONING FILE #2401 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 09/23/98 VOTE: 3 FOR 2 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: The shed is limited to a maximum size of 140 s.f. Applicant's next scheduled meeting is confirmed as: City Council September 28, 1998; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. jig ♦ TO: FROM; DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 10,1998 #2401 Thomas and Margaret Radke 3424 East Lake Street Variance-Public Hearing ZoDiDg Duinct: LR-1A One Family Lakeshore Residential District (2 Acres) Application; The applicants have proposed to construct an accessory structure on an outlot. Summary: The outlot is legally described as Outlot B, Bayside Beach. The Outlot has Ofm ’“P properties located at 3424,3444, and, 3464 East Lake Street. The purpose “““ and to be used for a giaywater sewage li^Z^nt system. The system is no longer necessary as the lots have since been provided with saidlaiy sewer. The City Council passed, on Consent, Resolution No. 3189 approving a variance to allow an acce^ory structure on the outlot on October 12,1992 for a storage shedTo be located on oi B ^fhe*PI^2o c“"'' all three properties. Condition No. 3 in the resolution states that is the intent the accessory structure should ever be allowed on the outlot or future proposals for additional accessory structures on the property may result in the '• Pawners were This application requires the following variance: U2401 Thomas and Margaret Radke 3424 East Lake Street lariance 8/! 7/93 Page I Issues 1. 2. 3. 4. The covenant between the property owners states that no improvements may be constructed or made on Outlot B without the consent of all of the owners. A condition of approval should be the other property owners of Outlot B provide a signed statement of consent. Outlot B is within both the 250' and 500' setbacks of Stubbs Bay. Although only a small portion of Outlot B (320 s.f) would be structure. Hardcover would be well below the allowed for this outlot. The proposed location of the new building would be located as to meet all future setback requirements should Outlot B ever be eliminated and divided between the existing property owners. The outlot was created within the plat of Bayside Beach for the purposes of providing road access and a site for a graywater sewage treatment system to serve residences at 3424,3444, and 3464 East Lake Street. STAFF RECOMMENDATION Staff recommends denial of the variance from Section 10.03, Subd. 9(A) to allow the construction of a 10 ’ by 14' accessory structure on Outlot B, Bayside Beach based on the intent of the Planning Commission and City Council to allow only one accessory structure on the lot at the time the existing building was approved. Attachments Application Statement of Hardship Plat Map Location Map Survey Site Plan Site Topography Property Owners List Shed Plan Bayside Beach Plat Minutes from the September 21, 1992 Planning Commission Meeting Minutes from the October 12, 1992 City Council Meeting Resolution No. 3189 Declaration of Covenants U2401 Thomas and Margaret Radke 3424 £asi Lake Street Variance 8/1 Page! K Application # o?/^/ Date Received Amount Paid o-^ 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) \ ariance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress __F.a^>t Uo(t (}hzeb . Property Identification Number (P.I.D.) ^ ' ~ " Attach legal description to application if not included on required survey. Date Property Acquired_____ I (do) (do-mrt)' also own th^adjacent p Present use of property: _j/residential other (specify) ZoningDistrict:Jjg^ ----- ^ .(month/year) OWNER (if different than applicant) Name Address: Phone (horneX Phone (work) D^CRIPTION OF REQUEST Estimated Constmction Cost $ / {)6'0-00 Descnbe request in detail: /O //V /, ^ ‘ '— {WTOcindcy;^ t£ ^--------'jOnMoa/idi. VARIANCES REQUIRED ___Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coveragi ^ Oiher (specify) fy,-. ntUl.'vJ. Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Descnbe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) 51aiTii5i]•ItTiTiTT JJTTiniWTi -■...___________// 3 .1 V ? ^\k thnT*j •II11 nr mthTtuuS MiMilTWiTr MTPJTiTT ^•itCirnTTr HTifT HmmrrnTi • •riJ'.lfTiTC • m^irii '"■■% f,•lr:T5 •iiiiri ^'. iTi:if:Trr tr» iocu\(i<' L •Jiifti L ■,< .V .r? i : V'0 •y*v:v <r r « 1.' .-. • K.-c? • i:<C> •;cio %•- Man .-• ^ • *- r • ► VATZATA ■LVO woooh Ivir I Dll |lMin«T( ORONO I EICEN ST S I______ M XHRBTINE or / •ATS FOX ^ VATERTOWN ••T^ line fc “iSifr FOX «. • 'If;'’ \ 400 OeVIR U L0N8V1EW CM • • • ’40 *000 FREWCM UAt RO \ X -vX' . I A i I ^•. *. 2 r •> E if rN- Lakc AA'r\V\d.0>\i^-0^ k S' .0 W) <3r- . ^ . \ (?iI \ \ \ tOht . k ^»" • 4 ' \ \ \N i^S40 1 oiui RUN DATE 07/21/98 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIAS5401 PAGE 1BATCH 501PROP ADDR OWNER NAME TAXPAYER NAME/AOOR PROP ADDR OWNER NAME TAXPAYER NAME/AODR PROP ADDR OWISR NAME TAXPAYER NAME/AODR PROP ADDR OWNER NAME TAXPAYER NAME/AODR OIWM ili^ MmiE/AOOR SB 05*117-23 13 0032 03405 EASTLAKE ST DENNIS NC6REEVY DENNIS E NC6REEVY 1401 NAYZATA BLVD W RD LONG LAKE MN 55354 38 05-117-23 13 003503407 EASTLAKE ST REBECCA LYNN HOLZEN REBECCA LYNN HOLZEM 3407 EASTLAKE ST LONG LAKE NN 55354 38 05-117-23 IS 003403409 EASTLAKE ST A J SCHULTZ IMA SCHULTZ ANDREW SCHULTZ 3409 EASTLAKE STLong lake mn 55ss4 38 05-117-23 13 0037 03445 EASTLAKE ST DIANE H PEREZ DIANE H PEREZ P 0 BOX 70 LONG LAKE NN 55354 38 05-117-23 13 0038 03425 EASTLAKE ST CARL ADOLF JARNI6 CARL A JARNIO 2400 INTERLACHEN RD SPRING PARK MN 55384 38 05-117-23 13 0039 03435 EASTLAKE ST CHARLES BALGAARD DENISE L SWANSON 3435 EASTLAKE ST LONG LAKE tM 55354 3B 05-117-23 IS 0040 03415 EASTLAKE ST CARL JARNIG CARL A JARNIG 2400 INTERLACHEN RD SPRING PARK NN 55384 38 05-117-23 13 0042 03444 EASTLAKE ST MIN HUNSLEV MARK A HUNSLEY 3444 E LAKE ST LONG LAKE MN 55354 38 05-117-23 13 0043 03444 EASTLAKE ST D A NONGE ANA MONGE DEAN A A NANCY A MONGE 3444 EAST LAKE ST S LONG LAKE 101 55354 ‘ 54. n a 5B t5-117-2S 13 •3424 EASTLAKE ST T E RADKE SNA KADKE THOHAS E 1 HAR6AKET A RADKE 3424 EASTLAKE ST LONO LAKE HN 55354 38 05-117-23 13 0i45 •0038 ADDRESS UNASSIGNED J 6 NALSTEDT A L N NALSTEDT JOHN 6 8 LYNN N NALSTEDT 3470 8AYSIDE RD LONG LAKE HN 55354 38 05-117-23 13 0044 00038 AD/^RESS UNASSIGNED D A NONGE 8 N A HONOE DEAN A 8 NANCY A HONGE 3444 E LAKE ST S LONG LAKE HN 55354 38 05-117-23 14 0040 •3403 EASTLAKE ST GERALD E BENOIT GERALD E BENOIT 3403 EASTLAKE ST LONO LAKE HN 55354 38 05-117-23 41 00405 OXFORD RD F DENNISON SHAW JR ETAL F DENNISON JR 8 JANET SHAW 405 OXFORD ROAD LONG LAKE HN 55354 TOTAL BATCH 501 OOOIA I •If !>'-/y- - O X P<5,- . •< - ' Jto * • • ^X_ * ..i • ***V' k.-> ■ .■><.■::• •• ♦'.*. ■/. ^ . ^. * • . • . . V. V V v^r.v oiiL-L' :> *■ - ^;-‘ ^^5^ • • ^^ — r *iV •• *•1 c T --V 'V i ■^-d? V'.* Ifvl I ,‘*; wV-' W: 5 i^1 Vt %• \ Pm k V a*® •:V- •i--i»--^>5;,-'i>^"V* '< '■» v^' r- *•/' gfca"' Hm.' • ilvlvl v> V.111 tx ILill^^l MMmm. \sMMlUV V kIwc b' !<^ »i* i 5 wiih old fools f fties uiectural > ■ " ‘.i; i r» r* I MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21. 1992 ZONING FILE #1756 - CONT. becISn*that‘‘do»s*no't* ‘he houseBecause that does not leave an area to park. fel t^that^'waV^^not a 10’ separation setback, but fron both ^hadywoo/RoLrand'’SMve%'venu%*"® if Ap^Tcat?on^»w^rV„®®'f°"‘’®‘' Bellows, to recommend approval afte?-the-fac? Leonard Nlska, 2304 Shadywood Road, for conditioned on ?t . and variances for a ihed^ IttacheS «ra« end Pnoposed. It would have to be an ^s?rnr?hn:-ui?2d^^:n£i:P3:*?ri;^^ (#5) #1761 MARK A. HUN-,LEY. 3464 EASTLAKF C»HFrT - AFTER-THE-FACr VARIANCE - PUBLIC HEARING 8:08 - 8:13 P.M. The Affidavit of PubIIcatlon and Certificate of Mai IIng were noted. Mark Hunsley was present for this application. crIItaH w‘th the plat of Bayslde Beach, an outlet was three adjacen^TSts^^AIwater mound septic systems for the outlet, but on rVne I*, m!? owners technically own theI2*xi6’ <ihoH i« ^ ^ listed as owner for tax purposes. The equipment. The shVd*1s m'ia^!;^"^'^^oTth?st’'’^®’°^^^ °*In the 10* Hrain.e. 5.9 from the street and encroaches in the s?ric:u%e%^Uho^Ta*';7lnXa?st^^^^ He^addedVhV would need to approve a variance for the shed, ou/norc uih I u ^ Under control of the three Adjacent prooertv accessory bu M ^ ® request apart from other requests foraccessory buildngs without principal buildings. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 use ZONING FILE #1761 - CONT. possibility of the other neighbors requesting to place a shed on the outlet. fppnMnts®p®ropJr^yl* Possible to locate the shed on the property®Ind*aesthetTcVll7wo1i^ be^lL'p’leVsInV.''''’''*'' '”® Bellows expressed concern about setting a negative precedent. fS?T s^o'r^^e ?h'.H *1“* 'u "sigbbors come In with a request ownership. ® '•scoiwnend only one shed in common if Add®i rc«7i‘’on «so°"bed by Cohen, to recommend approval ai after-thL-f..V®’ H“"sley, 3464 Eastlake street, for without a orinrir^®!** Place a shed on an adjacent outlet *”* residence, with the condition that the applicant pay the penalty fees. Ayes 7, nays 0. itllltJJ®i«Le*nt.®‘’ **'* bralnage and the'structure!”®* “®* ’’°* necessary given the temporary nature of (#6) #1763 WOODHILL COUNTRY CLUB. 200 WOODHILL ROAD - AFTER-THE-FACT CONDITIONAL USE PERMIT - PUBLIC HEARING 8:14 - 8:17 P.M. The Affidavit of PubIIcatlon and Certificate of Mai IIng were noted, appil lcat?on!'^*^^°" Gronberg were present for this commencemVn ”t'®irb*u”t® p®e7h'a'ps®*'dTe 7o t®hr'/a*// t”har til s?i!75"irthouT®t''h.® “PPi-Pval from, the work lal to make the The project Is proposed co^ent®ed*?^at ‘’^'he'"l:6rirop:r®are®®:Uep?®bur*/he^"gV^^^^ malnta?n?opes ”tha"t*'ste”ep\® currently 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12. 1992 >ors the his est :non &nd ! (»#5) «1755 LEONARD NISKA, 1204 SHADYWOOD ROAD - AFTER-THE-FACT VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3188 It was moved by Butler, seconded by Callahan, to adopt Resolution #3188 for Application #1755, Leonard NIska, 1204 Shadywood Road, approving a variance and granting a conditional use permit for the construction of a storage shed. Ayes 4, nays 0. (♦#6) #1761 MARK HUNSLEY, 3464 EASTLAKE STREET - AFTER-THE-FACT VARIANCE - RESOLUTION #3189 It was moved by Butler, seconded by Callahan, to adopt Resolution #3189 for Application #1761, Mark Hunsley, 3464 Eastlake Street, approving a variance to construct a storage shed on Out lot B, Bayside Beach. Ayes 4, nays 0. (#7) #1765 JOHN MOORE, 801 TONKAWA ROAD - VARIANCE Jim Cradit was present for this application. Gaffron explained the existing house is approximately half within the 0-75* zone. The applicant is proposing an addition to the existing kitchen and a second story addition over the master bedroom, both within the 0-75’ zone. Jabbour stated the survey they were provided does not show the existing hardcover. Gaffron noted a complete copy of the updated survey is further back In the Exhibits. Butler asked if the appI I cant antic!pates do Ing foundatIon work for the kitchen expansion. Cradit noted the steep embankment below the kitchen area and the amount of erosion is partly due to the fact that the house does not have gutters. He stated the excavating for the block work needed for the kitchen expansion will be done by hand. Butler suggested that be made a condition of the resolution. She added the property does not have its house numbers posted. Goetten said she would like to see a trade-off of har<’cover within the same zone. She felt If the applicant expects to get permission for an addition within a sensitive area, he should be expected to give something up. r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 (*#5) #1755 LEONARD NISKA, AFTER-THE-FACT VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3188 It was moved by Butler, seconded by Callahan, to adopt «3188 for Application #1755, Leonard NIska, 1204 Shadywood R®ad, approving a variance and granting a conditional use permit for th construction of a storage shed. Ayes 4, nays 0. (♦#6) #1761 MARK HUNSLEY, 3464 EASTLAKE STREET - AFTER-THE-FACT VARIANCE - RESOLUTION #3189 It was moved by Butler, seconded by Callahan, to adopt i31M for Application *1761. Mark Hunsley, 3464 approving a variance to construct a storage shed on Out lot B. Bayside Beach. Ayes 4, nays 0. (#7) #1765 JOHN MOORE, 801 TONKAWA ROAD - VARIANCE Jim Cradit was present for this application. bedroom, both within the 0-75’ zone. Jabbour stated the survey they were provided does not show the existing hardcover. Gaffron noted a complete copy of the updated survey Is further back In the ExhIbIts. Butler asked if the appileant anticipates doing foundation work for the kitchen expansion. Cradit noted the steep embankment below the kitchen area and the amount of erosion is partly due to the fact that the house does no have gutters. He stated the excavating for the block work neeaea for the kitchen expansion will be done by hand. Butler suggested that be made a condition of the resolution. She added the property does not have its house numbers posted. Goetten said she would like to see a trade-off of har*’cover within the same zone. She felt if the applicant expects to get permission for an addition within a sensitive area, he should be expected to give something up. j CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3189NO. A-) :i\ A RESOLOTION GRAMTING APTER-THB-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1761 WHEREAS, Mark Hunsley (hereinafter "the applicant") Interest in the property located adjacent to his residence at 3464 Eastlake Street within the City of Orono (hereinafter "City ). Said property is legally described as Qutlot B, Baysi de Beach, Hennepin County, Minnesota (hereinafter "the property") and is owned jointly by the adjacent property owners at 3424, 3444, and 3464 Eastlake Street? and WHEREAS, the applicant has made an after-the-fact application to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit the construction of an accessory structure on a property with no principal structure where no sue accessory structure is normally allowed, and a variance to Section 10.23, Subdivision 6 (B) to allow the accessory structure to be located 5.9' from the side street lot line where a 50' side street setback would normally be required for an accessory structure. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1761. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on September 21, 1992 and recommended approval of the proposed variances based upon the following findings; a) The applicant constructed the 12'xl6' storage shed without obtaining the necessary permit and varianc approval. Page 1 of 5^ ^ TRANSFER ENTERRD 0EI*( Uf fROPERIt fAX A PueuCRECORDS MJG 9 1993 TY MINN. Dry r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3189 _ The storage shed is located on an outlot that was created within the plat of Bayside Beach for the purposes of providing road access and a site for a graywater sewage treatment system to serve the residences at 3424# 3444 and 3464 Eastlake Street. Although the resolution approving the subdivison of Bayside Beach and the creation of Outlot B does not specifically prohibit structures within said the municipal code prohibits placement of accessory structures on a property without a principal structure. In this specific case# the use of sufficiently controlled by the three immediately adjacent property owners who jointly share in owners p of the outlot# such that the concerns maintenance and security are sufficiently satis justify granting of a variance to allow an accesso y structure on the property. e) does it constitute a visual encroachment. Further, moving the structure to meet the required 50 setback would place it in an area where sufficien^tdoes not exist and is not easily developed. Further^ while the existing location of the shed ^P®,® within the 10* drainage and utility easement street lot line# the temporary ®o®e structure would allow it to be moved shou future date be in the way of any utility worK. 4.The Citv Council has considered this application the findings and recommendations of reports by City staff, comments by the applicant and the effect of the proposed variance on the health# sa y welfare of the community. Page 2 of ? 6 J r CITYofOROXO RESOLUTION OF THE CITY COUNCIL NO. 3189 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 conditionsi 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. CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to allow an accessory structure on property with no principal structure, and a variance to Section 10.23, Subdivision 6 (B) to allow a side street lot line setback of 5.9* where a 50' setback is normally required, subject to the following conditions : 1.Applicant must obtain a building permit and bring the shed into compliance with the building code requirements. 2.The applicant shall pay after-the-fact investigation fees for the zoning application and the building permit. 3.Applicant is advised that future proposals for additional accessory structures on the property may result in the requirement to remove the existing shed, it being the stated intent of the Planning Commission that no more than one accessory structure should ever be allowed on this outlot. 4.All persons with an interest in Outlot B shall sign this resolution. 5.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 12, 1993). Page 3 of 5^ 6 J CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.3189 Violation of or non-compliance with any violation of conditions of this variance shall constitute a j,,,*.horitvthe zoning code, shall automatically terminate any aut^^ granted hirein, and shall be punishable as a misdemeanor. 7.The undersigned applicant has ^jPAglf^ofagrees to the terms of this resolution^ and on^beh.^^^^^ ofagrees to the terms or tnia --- a„r«»es to himself, his heirs, successors and f' ain o^f tYtle of the recording of this resolution in the chain of title or the property. October, ATT IT X Adopted by the Orono City Council on this 12th day of 1992. / 'TT) allin. City Clerk ,6a'rbara A. Pet^fsoh. Mayor etten/ I nnJ,fP^.L~J^ Property Owp'er (s ) J/ J. Diann GoettenX Acting Mayor /O (Li Ut / llcn c STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) oing instrument was acKnowxcuyc- --- 12th day of Ot^tober, 1992, .hyx»arhaKaxhKJ^lRa«»^‘^Doro^ municipal City Clerk of the City of '__wraWaif of fhe citv.“'p^rtTon'^’ird "Recited'on behalf of the City -s ^ \CA«XE A HASEMAN hennepim county Notary Page 4 of ? ■itarv Public — «-*^- fcscs^->v,f^v»#v-r^ce^ ?i3 ic^v^iiir^^^CfiPBcx^wuiTxoN ‘>l ^ i •>•>! . F>i^t53».‘>v kJ i ■/ '.- ■ •-^ •••.' .*• KNOW ALL HEN BY THESE PRESENTS: * • ^ * • WHEREAS I James McCleacy and _ _ _ __ _ _ __ hutband and wifo« (horainaftar "the tubdividor") are the ibee that certain parcel of real estate located in the City of Orono of Hennepin* State of Minnesota, legally described ai' follows: .'Outlet :.i;. g B# .. -^ ,_ ^ according to the piat of that name on file and of record in the office of the County Recorder, in and tor Hennepin County; and . WHEREAS, the Subdividers now desiro to create a non-.tr.-4-^'t^SJ^^^^ " if ' -t' • •• “* V* *'**'^NO'.'/, THEREFORE, in addition to any easements created by any other Declaration of Covenants, Conditions, Restrictions Ease.*nents, the Subdividers do by this Declaration for themsolves,';.'^”^'£ft~f^^ their heirs, successors and assigns, hereby create a non-oxcluslvo^^^ii^Je^^,*^^ easement for sewage treatment purposes over and across the oaaener.b as described above for the mutual benefit of Lots 1, 2 and 3, (hereinafter "benefited lots") ‘ f and .» f•- - - ^ •- a WHEREAS, the Subdividers are the sole owner of and all the benefited lots; and - v\ T'‘.’K'ljW.*‘t: no*vM WHEREAS, the Subdividers intend than Cutloc B conveyed to the owners of the benefited lots as tenants in comeon subject to this Declaration; , , . .,. . •-%>-••••»,•»-.•.■■ NOW, THEREFORE, the above owners, their heirs, ••■tgns/.ai»d:^;j;L";,^ successors (hereinafter referred co as owners or owner) hereby,. ..covenant and agree as follows: . . . - ■. w *■ 1. The owners of each benefited lot shall construct.on Outlet B a separate Graywater Mound System in the ruspectlvo approxl»^-;-,:'^.'; i-'' mate locations shown on the diagram attached hereto au Exhibit "A** .*. • 2. Each lot owner shall bo responsible for the costs of construction, maintenance, repair and operation of the lot's Graywater Mound System, and for any damage caused to the systems of the other lots caused by such constructicn, maintenance, repair and ope ration. . ’ I* • -■.- *■ V. •- ifc •> V. \ • • * • L _wr_* ■ • - •s;* V-'V • /'i Jr/m^,!V0''VV5; J v-*? V.'7 * ft*r fj;mS'.»;..*/ » 'S mm' ...j.^, ■■•u -V:,vf* . 4^.1 •;vX> 4 vVsSit?. »*ii». vt '>*»•'r: ••>. ' -'N'r,.* j'fC.- t: i^r.‘“vM<rT* '•^ . %'. '-.!. : .i.j-c •• .• »-»/ -.-... ..• »H-r. :».i*. *r '% •• * •; »• -«* V *••* ••i/ i^»r-5i n t^. A--»\r ^:>.%-> *4. -•- •« % • •• /• • <'\ •* '• • '*• ». .* • ‘^ .. 7 ■« *v W -*# --.- ♦ - r- -.^. r.r V'‘ •- 'Ai-^; ..• -f';.;'., • -.; -V -. •• •■-v v--. •r/rJ-<-;,: ii':-vv. ;: ■- V •»>•.•U->'*•*-. • • •- ‘*;. .^ tA ' .h *. • : •* > ‘ ^ * .. * ... -. ." •* . • •* • ■» •...«• ’•. % •. > \ >•r'mm f -i j-.'*•. ••• *4 •—/rT3 -^, ■■ ■■■■'V' • '-3 'w>• • .••• *.r* •■ *• •» • • „ ,* .* ? •—•••■ • • • •* • • . • '. . ••»» ••! ‘jf.■ I •“ .# • • . 4v*r^ t ‘ #H; J*-^- er<tvw>»««. *ctivltle« Bhall b« permitted on the5^®“?"* '"‘•9^* damage the ay.tomB. Pactivities include, but are not limited to the rollowing:Vehicular traffic.Digging or excavating except in connectlcn With construction, maintenance and repair, C) Gardening. d) Construction and maintenance of improvements or buildings of any kind. e) Parking. ««♦. owners may use Outlot B for and other B "° may bo con.tructcd or made on 0-jtlat?'i^SH'^fB SaiiMnaSeffnr?oD2L°if ‘“ »' con>tru«Ws'S-^#.srtSS'bonrfiLf “o p-i^i i.o payable on the d«f °‘ “"'='’ ■'>*“ ‘>'> <1«'«darc diiA /inH construction! m^intcn.inco or repalrVv.r^^.-.^S^nrt„r»-..ing account bear interest ait < payment. Any owneriiy bri^; Ktion'^on hoha-;''::.'’;^® “ S=anr.*r-ar5isa^^^« asses»men^s b; the the UablUty abandonment of his Lot. tu=rc“SL"si?r"’ use or enjoyment of Outlot 3 or bynthe' h.T.,»4n #»4i ?' event tha- the Owners of each Lot describ^ as orovidftd fn repair o.' replace the Gre>>«atur .Mound ^ for herein, it is agreed by all parties that the Cl Mound Svst^ to maintain, repair and replace the Creywat^t'.s^’V^fv^^'^iv St O?ora ilTl •“=» action. by^o atyJ-^v^A^.nftl'- publie“aSSiont 'l!° Sy*b«">*« bBeomlng • i.feiafij'ipuwj..kb eaaement, and that each of the Owners will mav tn .ka SM«y'nor ”Sej“?";j® coat incurrod by"tS: cHy Tf'^oJSnS^lStJ shall'^t-cori. receipt ot euch charoee, or elee aueh eharseS'^'^.^PcAtSShall t come a lien upon eech Lot et the proportion ee provided for *iir.ii^.ims.*^i:r® V • p4® f ♦-* • - W * ^z* 'y ^rVV -.r, ;*v^’ rfr «•.mV\^Pr:^5 • •Cf 1 ?f rjT . •- V.- .■^ .*-'t,:, '.determined fty:irtii «it.of ..l«««n«j^r.P2lr or^c.pl«^■ ^ss„;sr:h.^:‘fSs .“'SfSr «b. a«. «* «>i.a the owners of 5 Lot doecrlbod hereinco».«nt. vl£«rt^of the owner. o| .U^^S:M1o - W-v.- ,rji^‘ ^ ' m -■^t ivl iel successors then.^ -’••.?t;-i-'y.>.:\:>-n; 10. Any Owner Si*a*^Lct^ to the°nlSers^'e^^Vprivate road to his tenants who reside on a Lc , . family and his guests and to his invitees. , n This covenant shall run with the land and 9^?^^ binding on ilk Imlre S th« benefit of the parties hereto, heirs, representatives, successors 12. There nay be no of this ear.ement and declaration of the City council or tho City . ^ .. TM WT’-JESS WHEREOF, the parties have h-'JCCto exocuted-^thi^j^^;;^^.^; Msmenc and covenant the day and year first above Z \ V . * • - Jane^ McC1cary • » •. ■ :r*T\r^ \ - V.nJ^ •*.*'* ^ ~ .. ..-r:*r?* *. • V „ V.J., - f '. *.• W --- •’' ‘ - * -A-a ;. Vnif.-.N V, -• —r McCleary ■ • ": ■•.V “VVv STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) SS. day of . . . “.*... i; * • .5. v-v C. a-V- • • • • 4*<C*I^Xft # ..J-, ,-•*•• ■’' I* im*.*? ^ The foregoing inetrumont »». :'**,a.. ..■. ■ -------------------—^/XHibaid end wife. Notary Public *• *.•' » ■'*' !••! Monday, September 21,1998 Orono City Council We are in full support of the Radke’s putting a storage shed on the outlot behind our properties. Nancy and Dean Monge (Ur\6 fllavur Signature 3444 East Lake Street Address 1 r Date of Application; 7/24/98 Date Complete: 7/24/98 120 day limit: 11/24/98 COUNCIL MtSTiNG SEP 2 8 CTT/ 0- OBOMO REQUEST FOR COUNCIL ACTION DATE: September 24, 1998 ITEM NO.: C" Department Approval: Administrator Reviewed: Name Liz Van Zomeren Title City Planner Agenda Section: Zoning Item Description:#2408 Mike Hilbelink, on behalf of Theodore and Myma Wolf 900 Willow Drive North Lot Line Rearrangement Zoning district:RR-IB, Rural Residential District (2 acres) Lot Area:Lot 1, 3.04 acres Lot 2, 8.07 acres 1 J Application:The applicant is requesting a lot line rearrangement to change the division line between Lot 1 and Lot 2 to transfer more land to the rear lot, Lot 2. One issue with this application was the location of the new property line from the existing bam on the property. That issue has been resolved by considering the bam to be an accessory structure without animals. The 50' setback from the new property line has been met. The bam is non-conforming as to the side yard setback from the north property line. The proposed lot line rearrangement meets all other requirements of the RR-IB zoning district. PLANNING COMMISSION RECOMMENDATION: The Planning Commission on a 5-0 vote recommended approval. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. CB <J»WILLOW v| DRIVE N. g U) O >rm oo % _ •% K *1 ■nmm H NJ O O 04oo -Ji- ■oo .r ‘ 5 ■s% •s % \ * vm- » y \ O 4 ^ V 1%' ‘Oo •s »• n ^ K ^ s IT ^ ^ . jr t o *% o o - ' p l/» *• a ' 9 . Q •vJ »r> • • 3 0 V Ks * • o *«s % ^. : % ^ • CD * o • S O JO :•? , ♦ » (4 - - U) • -nr ••' ' * - c ' o ^ “n O • O ft . >^ z % “\ • z s ^ O • JO ^ Ti V O tk r % ^ :orns' r ; -u s » ‘A X i ^ ^ n ^X -V s *■ fp" 4j;o !!P-» — XttI • . ^ '' ? ::A 8^5r-:: 9*»»% ^ » t/1 % jf Vn *» . r * -V iH ?: % '• « ■» ^: % o % o r. ' > o •-I V ^ ^^ V |» V ^ •- s % ^ ^ i:;.“ '» %» V 1:^*1 % ® \ a'> % S ^ 1 to i X -■ r .f o o {A - r^ CD ^ * o 6 , r» o C I* r c pr^'u> n f *n •y»ty» T> ■?)If 5*- tn I?* I Imzzm5 z -< A I / r * r,r, '-'I n / O —I (/) oo § >zo N3 T) Z)o T) O COm zzm COo Oo t; m o • o 05 r“ < -T| ^ . • A . • * • 4 $o ^ "n > to ■n O PD ;dcz I tfiMcif rt Mt#v _f M* f_rA«*. Ill AM_r# iT * r«fx____osLjao^ofiLLTSC ai C r A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT OF A PROPERTY LOCATED AT 900 WILLOW DRIVE NORTH FILE NO. 2408 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within Uie City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Theodore F. Wolf and Myma T. Wolf (hereinafter "the subdividers") of properties legally described as: Lots 1 and 2, Block 1, WOLFS RUN to be rearranged by transferring a portion of Lot 1 to Lot 2 described as: The east 120 feet of Lot 1, Block 1, WOLFS RUN, also that part of the west 40 feet of the east 160 feet of said Lot 1 lying south of the north 85 feet of said lot 1. WHEREAS, the subdividers have completed a’l requirements of the City for a subdivision to rearrange the property lines between Lot 1 and Lot 2, Block 1, WOLFS RUN. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono hereby approves the lot line rearrangement of the above referenced property by the subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, dated and revised September 11, 1998, as attached in Exhibit A, subject to the following conditions: 1.The new legal description for Lot 1 shall read as follows: Lot 1 That part of Lot 1, Block 1, WOLFS RUN lying west of the east 160 feet of said Lot 1, also the west 40 feet of the east 160 feet of the north 85 feet of said Ix)t 1. 2. The new legal description for Lot 2 shall read as follows: Page 1 of 2 r 4. 5. ATTEST: Lot 2 Lot 2 and the east 120 feet of Lot 1, Block 1, WOLFS RUN, also that part of the west 40 feet of the east 160 feet of the north 85 feet of said Lot 1. 3. New drainage and utility easements as follows: The west 10 feet of the east 165 feet of that part of Lot 1, Block 1, WOLFS RUN, lying south of the north 90 feet of said Lot 1, the west 10 feet of the east 125 feet of the north 90 feet of said Lot 1; the south 10 feet of the north 90 feet of the west 40 feet of the east 165 feet of said Lot 1. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles Office on or before March 28, 1999 together with a certified original copy of this resolution. The approval granted by this resolution shall expire if the division ^ not been filed by the date specified above. In that event, a new application shall be required for the City of Orono review. Adopted by the City Council of Orono, Minnesota this 28th day September, 1998 Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 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 2 of 2 r L t TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz van Zomeren, City Planner/Zoning Administrator September 16,1998 SUBJECT: #2408 Mike Hilbelink, on behalf of Ted an Myma Wolf 900 Willow Drive North Lot Line Rearrangement—Continuation of Public Hearing Zoning District: RR-IB Front Lot Standards One Family Rural Residential District (2 acres) Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 2 acres 200 feet 30 feet 30 feet 50 fee*.50 feet The proposed front lot meets the above standards with the exception of the existing bam which is legally non-conforming as to the north side yard setback. Back Lot Standards Lot Area Lot Width Front "V ard Side Yard Side Yard Adjacent to Street Rear Yard 3 acres 200 feet 75 feet 45 feet 75 feet 75 feet The proposed back lot meets the above standards. Lot Size: Lot Number Wolfs Run as platted As Proposed Lot 1 4.02 acres 3.04 acres Lot 2 7.09 acres 8.07 acres Application:This application was tabled from the August meeting to resolve the issue of the existing bam and its setback from the new proposed lot line between the rear yard of the front lot and the front yard of the back lot. The applicant has revised the plan to allow a 50' setback for the existing bam from the proposed lot line. With this new proposal, the existing bam meets the setback requirement from the rear lot line on a front lot. The side yard encroachment is legally non-conforming. The revised lot lines will create two lots as noted in the table on the previous page. Staff Recommendation The proposed lot line rearrangement complies with the subdivision and zoning regulations for the RR-IB zoning district. Staff recommends approval of the lot line rearrangement as prepared in the survey revised on 9/11/98. A B C D E F G Application Plat Map Zoning summary 9/2/98 memo Options 9/8/98 memo REVISED SURVEY 4 CITY OF ORONO - SUBDIVISION APPIICATION PROPERTY LOCATION Application # Date Received >7/^ V Amount Paid rio A Site address QQO uJ; i^c qxaj O./R cjy\ o Property Identification Number (PID) ^7 i {..? ^3 -Q 069^ Please check one - Property____abstractor torrens? ^ Attach legal description to application.Cof^T^cr f-e/iscm.; /VMKE"'“Sr' -Tan ^ 900Address__ City C>fi^yyo . S~S~'3 Phone (home) V73 - 9c^3 ^ ZipS;£a£UPhone (work) OWNER (if different than applicant) Name Address City___; (attach list if more than one) Zip Phone (home) _ Phone (work) EXISTING LAND USE Number of Tax Parcels Development Size // 7TJ Present use (check) Present Zoning District PROPOSAL X HR / A Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ Other (specify) r um.I ">.l7rL-i- 'V. :> Division for Tax Purposes y Lot Line Rearrangement Onlv (no new buildling sites) Subdivision for New Buildinc Sites -Number of Building Sites Existing Ur ‘♦s New Units Total Units Units per ^^‘"^'kcresProposed Gross Density • Minimum Lot Size ^crt^Sa. Ft. Drv Buildable Land Proposed Use (check)Xj Residential 1 ^^NIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "applicatioo fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350’ (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 343-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature _____________________________i________ Date ____________________________ MINIMUM ^L^TERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easem.ents, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature _____________________________________Date ____________ I. AWLICATION FEES (Zoning Administrator to check pC) those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) S2S0.00 Subdivision of a Lot Line Rearrangement S350.00 Subdivision Application (Class I & II) S3S0.00 Preliminary Subdivision Application S37S.00 + $25.00/lot (Class III & all non-residential) _____ Final Plat Application (Class 111) $200.00 _____ Legal Review and Filing: _____Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 Totals Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class III Subdivision Application $150.00 (No change from ori^ *?i application) B. Special Improvement Fees: _____ Proposed Private Roads $600.00 + S.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.S0/lineal ft; lin. ft. X .50 - $ Un. ft. X JO - i. Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) S50.00/per lot x new lots C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easeme.^t Vacation Associated with Subdivision $100.00 _____ PRO Application with Subdivision S30.00/Dwelling Unit The applicant hereby agrees to provide all information reo.uiredfor requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to ptocess mis application and further agrees to pay all additional fees established by Owner’s Signature V Date AppilCflini mUSl ndVe all suuiiuuaij uiww ui^ -----—9-------^ , , are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plaruiing Cominission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend m your place and to advise the Building &. Zoning Office of this change prior to the meeting. inance A-603 ation. Totals r. City Attorney, s established by mission meetings ling Commission eat attend in your Accessory Structures T~ iJ-i 9 r T. ^2 I fsji • — \(^j ' ^ «JX .<>:»••” Xi* \ X A ■' ■‘ RRl-B Distnct 1. Same as front yard setbacks as zone and no closer to street than the principal structure. 2. Side 10', unless > 750 sq. ft. < 1,000 sq. ft.~15' 3. Rear 5' (except garages 10') 4. Accessory structures exceeding 1,000 sq. ft. shall be at least 30' from side or rear lot line and shall meet the miniLium zoning district principal structure setbacks. Private Stables and Barns: 1. Minimum 75' to lot lines 2. Minimum 150 ’ to nearest adjacent residence 3. Height 30' maximum and no greater than principal structure, whichever is less Backlots/Front Lots adopted Jan. 1,1994 1. Accessory structures within a back lot shall b ’ no closer than 10' to a neighboring property's side or rear yard. 2. Accessory structures shall not be allowed within the icqufred street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. 3. No accessory structure shall be allowed within an access lot. ■> - c f I ! City of Orono 2750 Kelley Parkway P.O. Box 66 Orono, MN 55323 Phone; (612) 473-7357 Fax; (612) 473-0510 MEMORANDUM DATE: TO: FROM: September 2, 1998 Ted Wolf, Mike Hilbelink, Tom Carlson Liz Van Zomeren, City Planner/Zoning Administrator SUBJECT: #2408 Lot Line Rearrangement for Wolfs Run J have reviewed the aerial photos and the street files for the residences that are north of Mr. Wolfs property and determined that Mr. Sanford's residence is approximately 180 feet from the shared property line with Mr. Wolfs property. The options available for this lot line rearrangement are: 1.Remove the bam. The lot line rearrangement as proposed would meet Zoning Code requirements. 2. Declare the "existing barn" to be an accessory stmcture. The barn as an accessory structure would meet the ■ side yard requirement for the RI -IB district. The new lot line between the front/back loi would need to be 50' from the back wall of the structure to comply with Section 11.31, Subd. 5, E.: "Accessory structures shall not be allowed within the required rear yard of a front lot which abuts the street yard of a back lot". The required rear yard for the front lot, Mr. Wolfs property, is 50'. If the lot line is proposed to be closer than 50' to the rear wall of the accessory structure (bam), then a variance would be required. Generally, the City Council does not view lot line rearrangements or subdivisions that require variances favorably. r 3. Keep the bam for use for a horse. If the bam is intended to be used for a horse, tlien the lot line needs to be drawn so that the rear wall of the bam is 75' from the new lot line. A conditional use permit would be required to keep a horse on the property. At least 3 acres of land (excluding the outlot) would be required to keep a horse. A pasmre area of 2 acres would need to be defined. The pasnire could not include the area where the septic sites are because horses compact the soil and destroy septic sites. Please review these options and let me know before September 4th the direction that you wish to take so that I can prepare a new staff report for the Planning Commission. \v- [ --a.. '’i: r t S: '■k'. CPnoN *0 feiroje bai n U>f Ili^S Ofi prObos-ed . 66 4 / I / r^i I ‘ r> . >-l / \ I W > I ' I '•I 4) N, \ k* ^ ' J / f I ' \ \ / ‘ N W V '' QSiLAO^ t * • \ IIProposed drainage‘and Ji| I utility easements ' 4» OZ i dfc. if fort 2.6^+--jicre3 after division B L f'*-1 m. v;v4'/ Proposed dividing nnejil 4 ly»a. 66 ►-T-' I ! -.V- ■ , JV-' . I option ^2. I. (Ks sh^chM-t c>^l^. rcA>f W4II -h* lof ijr^• i--i f \ I »» 'i \ A ^ 1^' :-*' V|'- ' ' ’'■ /' r^. •»-■'■ 4''S#“ w ''' '0N 8r*3i ”5l»; ^ \ l:4 -’v*^ ^ f f Propoaed drainage •oncl utmty easements * 'V 4. OZ i at. ^ehre 2»®^+“,Hflcres after dimlon V tS40f>^ .c 1^^30.02 S Prof^ed divliling Inajl *• ' ' I . 449.90 ' !l' ' u I---,-.........— n-V -V JtWw -1. j I', I I re 66 S\3O02^ n6W56”W^.. ,58 t'*I\-ir~ S',/ ••''»••« A-i •“fi u. i-u’IV.»/ \t 1 rr .1 \ A'. 7i Wl • V * \ '■■%.'''' • \ fcN ^ ' ’\ 5 ^ U^'''' « *. i ' ----^ L? “ ■••. 'Jk i A ^ •. 158 ' #''S fV<J / t / » :• .1 opnot^ **'3 hOrs^4k>I»o (^ Applj^) 'fci^ Co\rid\4\cna] os< pe/r^i'K (2) Desi^notk. pA>fu/<. acye/)- locr?tb- cr/ev sef+Hc s\\^) 66 *v T ' V 'V y / ' < ' U ■ \ ■ / . il \. I N srai-'Mii," w\\'>1 'i* i OZ t at. ^eftrt Zd^+-,jicre3 after diyTsfon •C / 1 Proposed draiixige utility aasdmonts e l 6 ]£>, 'a ' 1 '• ' 'I IS. 'if ^ Proposed dividing line li ' N 87*3i*’6ll»» W > •i i6o:oo- " vl \\''' 1 5 \ \; ‘. ' ' II . -------------------------- 449.80 ■ , ' 11 ' L f' "'i :zr^ o /-..■■r. ;----------Mm-----------T ' -t- ^|;^30.02 s 30.02 66 \ ,*4.v \ \ •• • \' ’■ ’ N 6>3#-56" WW ‘ • IM U-i‘ I |\' I \'| ' 'A ' '> '••\lll »-• .Ar- '.'. IV , I / M \ .> <\ JUP o o GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 September 8,1998 Ted Wolf 900 Willow Drive N Long Lake, Minnesota 55356 Re; Status of Bam at 900 Willow Drive North r> ^ I » f t llr W ' I 'id I I '1 .1 :k' IS ' I V I to •n t • Mr. Lyle Oman, Building Official, inspected the bam at 900 Willow Drive North on September 4, 1998. He found that the stmcture does not have an adequate roof. He indicated, however, that the foundation was adequate. My findings, therefore are as follows: The existing structure is located 10' from the north property line. It is considered legally non-conforming as to the required 75' setback from the north property line. The intent to keep a horse on the property has been abandoned since no horse has been kept on the property in the past 12 (twelve) months. Keeping a horse on the property would lequire a conditional use permit which would be reviewed by the City Planning Commission and Council. The minimum lot area requirement is 3 (three) acres with at least 2 (two) acres for pasture area. The Commission and Council would consider the location of the bam, the size of the pasture area and horse management practices including manure composting and proximity to adjacent residences. Typically, City staff recommends that the applicant contact the University of Miimesota extension service expert to analyze the site and the appropriateness for keeping a horse on the property. Staff generally incorporates the expert's recommendation in the staff report. The Zoning Code does not require that a horse be kept in a bam. I am not aware of any other laws or ordinances that would require you to have a shelter for a horse. You have several options available regarding the existing bam. Because it does not have an adequate roof, it is currently vulnerable to the elements and habitation by undesired animals and birds. % V Ted Wolf Septembers, 1998 Page 2 of 2 7 553230066 ibe thcr ; an and To proceed with the lot line rearrangement, I need resolution of the bam issue to determine if the setbacks are met. The barn's roof needs to be replaced if it is going to be kept for use. If it will be used as a bam, a 75' setback is required from the new lot line. The ability to obtain a conditional use permit in the future to keep a horse is not dependent on having a bam. If the bam vkdll be used for storage as an accessory structure, th'i: new lot line needs to be 50' from the rear wall of the structure. It is important to know that the Planning Commission and City Council don't generally approve variances for setbacks when lot lines are being rearranged. The factors to consider are: 1 . The structure is existing but needs a new roof to be sound. 2. The structure is legally non-conforming as to the required setback from the north property line. . 3. Keeping a horse requires a conditional use permit, 3 acres minimum lot size with 2 acres for pasture, not to include the septic sites. 4. Staff would defer to a horse expert on whether the site was appropriate for a horse. 5. A bam is not required by ordinance to keep a horse. I cannot anticipate whether the City Planning Commission and City Council would favorably approve a conditional use permit for a horse in the future. As Orono has gro>^, the keeping of horses and complaints that I have received for adjacent neighbors of other properties have noticeably increased. That is one of the reasons why staff relies on a horse expert to objectively review the property without influence from neighbors. I would appreciate knowing what your decision is on the bam before September 1 1th so that I can process the staff report in a timely manner. Please call me at 473-7357 when you have reached a decision. Sincerely, Liz Van Zomeren City Planner/Zoning Adminisuator LVZ/jlg cc: Tom Carlson, faxed to 371-3207 Mike Hilbelink, faxed to 476-5333 C0UNCIUM££TINQ SEP 2 8 REQUEST FOR COUNCIL ACTION f 'IV Of DATE: September 25, 1998 ITEM NO. Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: #2412 Steve White. 4355 Bayside Road - Class I Subdivision (Renewal) Resolution Zoning District:RR-1 A, 5 acre rural residential (north of Bayside Road) RR-IB, 2 acre rural residential (south of Bayside Road, north of quarter section line) LR-1 A, 2 acre lakeshore residential (south of quarter section line) se. Summary of Request This is a renewal of applicant's 1997 approval to split this 55 acre property into two parcels to create one additional building site. Parcel A, the new building site, is proposed at 28.3 acres in total area of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres is dry buildable. List of Exhibits A - Resolution B - Memo and Exhibits of 9/17/98 Discussion This subdivision was proposed by applicant in order to allow construction of a new residence on the westerly half of the property. The original Council approval was granted in October 1997 and expired in April 1998. The approval expired prior to filing of the subdivision because the applicant was hesitant to provide the required Conservation and Flowage Easement over the wetland adjacent to North Arm bay. His issue was (is) that the standard Easement language would preclude him from even applying for a permit to construct a dock to get to Lake Minnetonka, which his property abuts. Staff has reviewed our standard easement language (see Exhibit G of September 17 memo) with the City Attorney and we have concluded that applicant's requested changes would change the scope of the easement, which requires Council approval. Applicant's attorney had originally suggested two changes, neither of which were acceptable to staff. The first would have added a condition G as follows: #2412 - Steve White September 25,1998 Page 2 "Except as specifically provided herein, nothing in this Flowage and Conservation Easement Agreement shall be deemed to or construed to restrict the use of the Land beyond current zoning and or land use restrictions". However, the standard easement language does (and »s intended to) provide slightly more restrictive standards than the zoning code. Applicant's attorney also suggested that the restriction on placement of structures in the wetland (Item IA in the standard language) be modified with the following: ", except as to those approved by Grantee upon due application of Grantor". Staff is proposing that the only change to our standard language be to modify 1 A as follows: "■ except that nothing in this Flowaae and Conservation Agreement shall prohibit Grantor from constructing a private dock on the Land to provide access to Lake Minnetonka in the event that Grantor is successful in obtaining the necessary permits for such dock from the City and anv other agencies which mav regulate docks or wetlands". Planning Commission Recommendation At the September 21st meeting. Planning Commission voted 6-0 for approval of the proposed Class I subdivision, subject to the staff recommendation as follows: 1. Applicant to grant Conservation and Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. Staff reconunends that the easement language be modified so as to not prohibit applicant from applying for a dock CUP/variance, since his property does abut the lakeshore. 2. Subject to Hennepin County Public Works review, applicant to grant the County an easement for the 66’ of right-of-way for Bayside Road within the boundaries of the property. 3. Because this is a Class I subdivision, the subdivision is not subject to park dedication. 4. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision per the Planning Commission recommendation. i ■ A RESOLUTION APPROVING A METES AND BOUNDS CLASS I SUBDIVISION OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD FD.E NO. 2412 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a 2-lot Class 1 metes and bounds subdivision by Steve White and VCI Capital, Inc. (hereinafter the subdividers ) of property located at 4355 Bayside Road and legally described in the s'lrvey attached hereto as Exhibit A (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a 2-lot metes and bounds Class I subdivision of the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividers as shown on the Certificate of Survey by Mark S. Gronberg, a licensed surv eyor of Coffin and Chonberg, Inc., dated August 19,1997, revised October 6,1997 and attached to this resolution as Exhibit A, subject to the following conditions: 1. The subdividers shall grant Conservation and Flowage Easements to the City over the wetlands shown on the attached survey. The subdividers shall provide legal descriptions for said easements. 2 The subdividers shall grant to Hennepin County a 66' road, drainage and utility easement over the portions of County Road 84 (BaysWe Road) shown on the attached survey. The subdividers shall provide a legal description for said easements. 3. As a Class I subdivision, this subdivision is not subject to Park Dedication. Page 1 of 2 .5..:?mms 4. g 5. 6. The subdivider is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory strucUires on those portions will be subject to further City review and approval. Applicant shall provide confirmation of legal ownership of the property via title opinion or other form satisfactory to the City Attorney before the subdivision will be released for filing. The aforesaid division shown on the attached Certificate of Survey and the aforesaid easements shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles Office on or before March 28,1999 together with a certified original copy of this resolution. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) Gabriel Jabbour, Mayor COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 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 e.\ecuted on behalf of the City. Notary Public Page 2 of2 rofliisj iiroiij mKlo KTTriRTttliLi] r Zoning File #2412 September 17, 1998 Page 2 Class I Subdivision Exempt from Park Dedication The City's park dedication ordinance, Section 11.62, applies only to Class II and III subdivisions based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions." Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in the future via a Class IT or III subdivision, park dedication would be required. Merits Proposed Division The land north of Bayside Road is zoned for 5 acre lot area minimum. Applicant revised his original proposal in 1997 to ensure there would be 5 acres of dry buildable land north of Bayside Road in each of the two lots, should he wish to further subdivide in the future to convert the land north of Bayside into buildable lots. In the easterly parcel north of Bayside, a 0.3 acre wetland exists. The 1997 approval required that this wetland shown on City and NWI maps be the subject of a Conservation and Flowage Easement. On the south side of Bayside, each of the two parcels contains more than adequate area and width to meet the RR-1B standards for individual building sites. Each of these tracts has the potential to be platted for 2 acre building sites in the future. Parcels A and B are both technically lakeshore lots because they abut the 929.4' contour of Lake Minnetonka. The existing detached garage on Parcel B was approved some years ago on the basis that the entire 55-acre parcel abutted the shoreline. The City's 1997 subdivision approval required that a Conservation and Flowage Easement be granted over the extensive wetland area which exists between the 929.4 contour and the open water channel extending northward from North Arm bay. Existing Buildings on Parcel A Applicant has advised staff that the bam and other out buildings located in the northwest comer of Parcel A south of Bayside Road have been removed. Applicant proposes to construct a new home on Parcel A in the near future. Site Evaluation Completed Applicant has provided information confirming that primary and alternate drainfield sites are available in Parcel A for construction of a new residence. Right of Way for Bayside Road The original approval required applicimt to grant to Hennepin County a road easement over the 66' I w- Zoning File #2412 September 17,1998 Page 3 Bayside Road segment traversing the property, which has never been formally platted. Orono's Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'. Hennepin County has indicated there will be no problem locating a new driveway to serve a new home on Parcel A. Wetland Easement Issue The applicant was required to grant Conservation and Flowage Easements over the major wetland at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B. While he has no problem with the northerly w'etland easement, applicant has indicated a reluctance tc grant the Flowage and Conservation Easement over the soutlierly wetlands, because the standard language of that easement would prohibit him from constructing a dock through the wetland to the open water. )Miile he is not requesting that a docK be approved at this time, he is requesting that he be allowed the opportunity to apply for one at a later date. Such a dock would apparently require a DNR permit as well as a variance/CUP per Orono s Floodplain and Wetland Management ordinance (Section 10.55). Permanent docks are a conditional use allowed in floodway and floodfringe areas under 10.55 Subdivision 9B. The City has few prior cases for reference for allowing construction of a dock through a lake-fringe wetland. The only recent application that comes to mifid was for Lydiard Lake perhaps 10 years ago, and that was recommended for denial by Planning Commission, and subsequently withdrawn by the applicant. We have other properties similarly situated as the applicant's. Two obvious ones are. the late 1970's Victoria Estates subuivision along the west side of the channel at the end of North Arm; this is a joint use dock accessed via a permanent walkway across 200-300' of wetland; and the Hanser subdivision on Fox Street just west of Orono Orchard Road, where *he 929.4 contour is at the base of the building site, but separated from the open water of Tanager Lake and Long Lake Creek by 800' of w etland; no dock has been applied for nor constructed here. It would be satisfactory lo the applicant that the language of the C & F Easement be modified to not prohibit the construction of a dock or similar lake access facility, subject to gaining the required approvals from the City and other agencies. The standard lan^ iage of the C & F Easement does place somewhat greater restrictions on a wetland than does the City Code (See Exhibit G, items A-F); for instance, the easement totally prohibits siructures and filling, without suggesting that such items or activities might be allowed if approved by the City; and disallows the destruction or removal of vegetation as well as all types of excavation and dredging, while suggesting that these Zoning File #2412 September 17,1998 Page 4 activities could be allowed upon written consent of the City. The Code prohibitions in 10.55 do not get into vegetation removal, and do allow certain of the easement-prohibited activities via a CUP. Issue for Discussion Should the City honor applicant's request that the C & F Easement language be modified to not prohibit him from applying for the necessary permits to construct a dock? Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision with the following conditions of approval (similar to those approved in 1997): 1. 2. 3. 4. Applicant to grant Conservation and Flo wage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. Staff recommends that the easement language be modified so as to not prohibit applicant from applying for a dock CUP/variance, since his property does abut the lakeshore. Subject to Hennepin County Public Works review, applicant to grant the County an easement for the 66' of right-of-way for Bayside Road within the boundaries of the property. Because this is a Class I subdivision, the subdivision is not subject to park dedication. Applicant is advised that the portions of Parcels A and B north of B..yside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. Options for Action 1. 2. 3. 4. 5. Approve per staff recommendation. Approve with revised conditions. Table for further information. Recommend denial (state reasons). Other. L Application ^ ^ ^ t ' \) /-;• .? /^ .? ”»’v .1' CITY OF ORONO -*SufebrV^SION APPllCATidN r\p|iuvai.iuii n >?-> •■/ ——--------. A Date Received yfej Amount Paid ^QQ Property Identification Number (PID) r?(^-//7-2J--------------------- Please check one - Property abstract or -------torrens? Attach legal description to application. applicant a Name Sretj^ Address 112.1 ii*L City KV)»\/- Phone (home) l- mg’ Zip <rr»/au Phone (work) V74 > Z ^ J? OWNER (if different than applicant) Name \/ Address P.f^. JlT Phone (home) City L^-lce yy\A/Zip££LDl Phone (work) t/7^ '2^31 (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size I 7 f^•8L SLJ. Present use (check) Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units__/ Other (specify)_________01iV Present Zoning District ;ei iJrVT'.fr**.#- / ‘I PROPOS.\L _______ Division for Tax Purposes ^ Lot Line Rearrangement Only (no new buildling sites) ^ " Subdivision for New Building Sites Number of Building Sites ____Z-----Existing Units ____I New Units 2 Total Units "> a Proposed Gross Density Minimum Lot Size Proposed Use (check) I 2A-<TA Units per A? 7- r Acres Sq. Ft. Dry Buildable Land Residential Other (specify)________ 3^'13 MIWIMUM MATERIAL REQUIRED FOR COMPLETE PRELliVONAI^ AE^*§ATip?f^ r^\ 1. Payment of fees (refer to "application fees" listed below. «JLJL ® ^7 vD >y 2. Completed application form. ) V- 3. Preliminary plat information on Certificate of Survey. §i ' 4. Certified Property Owners List of owners within 350' (you must obtain this list Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature______________________________________ Date__________________________ MLMMUM ^LATERIAL REQUIRED FOR COMPLETE FLNAL APPLICATION 1. Pa>ment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature__________^___________________________ Date______ I. APPLICATION FEES (Zoning Administrator to check pC] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) S250.00 Isiali . Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class I & II) $350.00 ___ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) ___ Final Plat Application (Class III) $200.00 ___ Legal Review and Filing: _____Subdivision only $75.00 _____Subdivision w/easements and covenants min. $200.00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) ' ___ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) ___ Renewal of Final Class 111 Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: Proposed Private Roads $600.00 + $.50/l’meal ft.; Proposed Public Roads $900.00 + $.50/lineal ft.; lin. ft. X .50 » $ 'lin. ft. X .50 » $ Request for City to Accept Existing Private Road $900.00 Propo«:ed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x / new lots C. Flexible Application Fees/Misc. Fees _____ Vai-iance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/Dwelling Unit The applicant hereby agrees to provide all Information required or requested by the Zoning Administrator, City Engineer, City Attorney, Plarming Commission and Council necessary to process this application and further agrees to pay all additional fees established by ^ AnnT»”' Si^nnh.,, Datt 9^4/Al Owner's Signature Date Ia Applicant must have all submittals into the City Office 25 days before the Plarming Commission meeting. Plarming Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Plarming 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 OfTice of this change prior to the meeting., t "O/- 1 .JL ^ («) *> •j;.^. f :Vr an 3hU6-Z3i^' 1^ .<•- 'S'n' 3h(l8'2S ’HH .-ii' m-mmr.i*J ®\fr f » ^ P^V J / ^11111111*11, x:i::;::;:;x;:::<;:!:S;ft;:;:i:;:;:::;:>;x:<^ I (^ rsi I -riSW*--- •«5 ■llllllilf' iipiisiiiif' ^>::-x:x:::x:x::>xXxX;Xy^ v*J«ra»n« nitn »?« * i'-:-x-:!A:;‘<x:x:x:-x’x-x':‘:^^; . rx:x:x<:x:>:-x:::::::x::Xx^ %y' V ^ i 'iy nv * 7 % t " y<l* 06-((7-2?-S/ RVH DATE 00/20/97 BATCH SK» PROP AODR OWNER NAME TAXPAYER * NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR (W9^R NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADOR PROP ADDR OHNER r4AME TAXPAYER * NAME/ADDR PROP AODR a<MR NAME TAXPAYER lUHE/AODR HENNEPIN CO^AITY PROPERTY INFORMATION SYSTEM PROPER nr Ol'E^ERS LIST 3d 06-117-23 II 0004 040S0 DAYSIDE RO GAM COfPtELL GARY D COIt^ELL 4050 BAYSIOE RD MAPLE PLAIN MN S5359 38 06-117-23 12 0005 00038 ADDRESS UNASSI6MED N F I E KNAPP WILLIAM F A EVELYN KNAPP 65 CRISTUFORI CIR MAPLE PLAIN MT^ 55359 38 06-117-23 13 0003 00038 ADDRESS UNASS16NED VEDA INC VEDA INC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 14 0022 04045 BAYSIOE RD HAL BOON HENRICUS C A CORNELIA A BOON 4045 BAYSIOE RO ORONO MN 55359 38 06-117-23 14 0026 00038 ADDRESS UI4ASSIGNE0 M NICHOLAS BURKE ET AL H NICHOLAS BURKE 4105 DAYSIDE RO ORONO MN 55359 38 06-117-23 21 0007 (K»461 BAYSIOE RO M S JOtDJSON A P P JOHNSON HARK A PATRICIA JOIR^SON 4455 BAYSIDE RO MAPLE PLAIN MN 55359 38 06-117-23 12 0001 04360 DAYSIDE RD J A OLSON APE OLSON JAMES A OLSON 4360 BAYSIDE RD MAPLE PLAIN MN 55359 36 06-117-23 12 0006 00038 ADDRESS UNASSIGNED WILLIAM F KNAPP CITY OF ORONO 1335 DROI^ RO S BOX 66 CRYSTAL BAY m 55323 38 06-117-23 14 0008 00038 ADDRESS UNASS16NE0 ALLAN E REZABEK ET AL ALLAN A SHIRLEY REZABEK 4185 DAYSIDE RD MAPLE PLAIN Mt4 55559 30 06-117-23 14 0023 04105 BAYSIDE RD M N BURKE/S K SLATTERY-BURKE H N BURKE/S K SLATTERY-DUUKE 4]05 BAYSIOE RO MAPLE PUIN MN 55359 38 06-117-23 21 0002 04455 DAYSIDE RD MAP JOHNSON MARK S A PATRICIA P JOHNSON 4455 BAYSIDE RO MAPLE PLATN MT4 55359 30 06-117-23 21 0000 00038 ADDRESS UNASSIGI^D M S JOHNSON A P P JOHNSON MARK I PATRICIA JOHNSON 4455 DAYSIDE HD MAPLE PLAIN m 55359 REPORT NO. PI43540I PAGE 26 38 06-117-23 12 0004 00030 ADDRESS UNASSIGNEO H F A E KNAPP WILLIAM F A EVELYN KNAPP 65 CRISTOFURI CIR MAPLE PLAIN W 55359 38 06-117-23 13 0001 04245 BAYSIOE RD AVIS N HHITE AVIS N HHITE PO BOX 375 LONG LAKE W 55356 38 06-117-23 14 00X4 04080 BAYSIOE RD M J A M M HARRINGTON MARK A MONICA HARRINGTON 4000 BAYSIDE RO MAPLE PLAIN tti 55359 r V'V;. I-/; 36 06-117-23 14 0024 04125 DAYSIDE RD M NICHOLAS BURKE ET AL H NICHOLAS DURKE 4105 BAYSIDE RD ORONO MN 55359 h •»I I ji 38 06-117-23 21 0006 04465 DAYSIDE RD BRENT A SHIANN JOliNSON BRENT A SHIArtI JOHNSON 4465 BAYSIOE RD MAPLE PLAIN m 55359 I.». f 38 06-117-23 24 0001 . 00215 NORTH Af^ LA C A PASS ET AL TRUSTEES CAROL AM4 PASS 2536 18IH AVE S MPLS IH 55404 \ Sj RUN DATE 00/20/97BATCH S14PROP ADDR OHKCR NAME TAXPAYER NAHE/AOOR 30 06-117-23 2^ 0006 00370 MOUTH ARM U RAH SMITHROSCOE S A HARRIET C SMITH 370 NORTH ARM LANE MOUND MN 55366 HENNEPIN COUffTY PROPERTY INFORMATION SYSTEM PROPER nr OlilNERS LIST38 06-117-23 26 001200360 NORTH ARM LA R 0 BACKERUD ADS DACKERUO RODNEY D A DIANE S BACKERUD 360 ARM LN N MOUND MN 55366 REPORT NO. P1635601 PAGF 2736 06-117-23 26 001300360 NORTH ARM LAJAMES R A ADRIENNE H MEILSONJAMES R NEILSON360 NORTH ARM LAHOUND m 55366 PROP ADDR OILIER NAME TAXPAYER NAME/ADDR 36 06-117-23 26 0016 00350 NORTH ARM U JQI4 M PENDLETON JON M PENDLETON 350 NORTH ARM LA MOUND MN 55366 38 06-117-23 31 0006 00660 NORTH ARM DR T J A S J MANNER THOMAS J A SUSAI4 J MANNER 660 N ARM DR MOUND MN 55366 36 06-117-23 31 0005 00520 NORTH ARM DR TIMOTHY PELLIZZER ^^^OTHY PELLIZZER 520 tmm ARM OR MOUND HN 55366 PROP ADDR oi«r:r name TAXPAYER NAHE/AOOR 36 06-117-23 62 0006 00030 ADDRESS UlAliSIGNED VICTORIA ESTATES HOMEOI»j£RS VICTORIA ESTATES HOHEOHNHRS C/0 THOMAS MAZER 560 NORTH ARM OR MOUND MN 55366 36 06-117-23 62 0007 00038 ADDRESS UNASSICMED VICTORIA ESTATES HOMEOMNERS VICTORIA ESTATES HOMEOMNERS C/O THOMAS MAZER 560 NORTH ARM OR MOUND m 55366 36 31-110-23 36 0012 06460 OAYSIDE RO q C GMINKIN I J A CAMERON q G MINKIN 6 J A CAMER0I4 6660 BAYSIDE RD MAPLE PUXN m 55359 PROP ADDR OMTCR NAME TAXPAYER NAME/ADDR 36 31-118-23 63 0009 00038 ADDRESS UNASSIGNED CITY OF OROtIO CITY OF ORONO PO BOX 66 CRYSTAL DAY m 55323 36 31-116-23 63 0012 00065 CKISTOFORI CIR D H A L N DUNCAN DAVID M t LYNDA N DUNCAN 6576 REGENCY LA EDEN PRAIRIE m 55366 36 31-118-23 63 0013 00005 CRISTOFORI CIR M F A E KNAPP MILLIAN F A EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 ', j PROP ADDR ONNER NAME TAXPAYER rJAME/AODR 36 31-118-23 63 0015 00036 ADDRESS UNASSI»4ED M F A E KNAPP MILLIAN F A EVELYN KNAPP 85 CRISTOFORI CIK MAPLE PLAIN HN 55359 38 31-118-23 63 0016 00038 ADDRESS UNASSIGNEP . HILLIAM F Kf4APP CITY OF ORONO 1335 BRCM't4 RD S DOX 66 CRYSFAL BAY m 55323 30 31-118-23 63 0017 00036 ADDRESS UNASSIGT^ED M F A E KNAPP MILLIAN F A EVELYN KNAPP 65 CRISTOFORI CIR MAPLE PLAIN MN 55359 T «■* PROP ADDR OHNER NAME TAXPAYER NAME/ADDR SB 31-116-23 66 0006 00050 CRISTOFORI CIR KENDRICK B MELROSE KENDRICK B MELROSE 50 CRISTOFORI CIR MAPLE PLAIN m 55359 TOTAL BATCH 516 00036 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15,1997 >Z«35401 27 ROLL •> Ue Orono Planning Conunission met on the above date with the Dale Lindquist Charles Schioeder, Sandra Smith, Janice Berg, Elizabeth Hawn, Williarn Stodto , Sd LUiSuilan. Die following represented the City Staff: Senior Planr^g Coor^or Gafffon, Public Services Director Greg Gappa, City Planner Elizabeth V^Zometen, Brad Btessler, and Recorder Sherry Frost. Mayor Jabbour and Council Members Goetten an were present. Chair Lindquist called the meeting to order at 7:02 p.m. SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REMEWS (#1) #2286 STEVE WHITE, 4355 BAYSIDE ROAD, CLASS I METES AND BOUNDS SUBDIVISION - PUBLIC HEARING 7:02-7:13 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gaffron reported that the application is for a Class 1 subdivision of 5c in the RR-1A 5 acre Zoning District. The southern portion is in the RRIB, 2 acre, ana m, 2 acre lakeshore Zoning Districts. This existing single tax parcel has prope^ located on 1» si e of BavsMrR^d Sroposed to be subdivided into rtvo lots, each Includmg area on both side of 1 ,3 Lot A woJw Ze 18.8 acres of dry buildable. Lot B. which Is 29.1 acres, contains 4e existing house, and will have 23.5 acres of diy buildable. Gaffron indicated *at the therefore, the property is not required to be platted and is not subject to park dedicatio . Gaffron recommended the property line be moved easterly for Lot A “ S Road as proposed is less than 5 acres. There is a small wetland located to the Road which will requite a Conservation and Flowage easement, as well as wettods o" Le abutting Lake Minnetonka via the channel. A concern was voiced that ^ ^ 929.4 lake elevation is located, the proper^ could be considered “ ^ Z. the B would not meet a 500' width measured at the shoreline an ^ »miiation«; but staff and City Anomey have concluded that this split is not exempt fi;om Zst be at iLt considered a Class 1 Subdivision. The 2 acre rmnimum s ?Zels A and B soudi of Bayside, and Gaffron noted that the property could be further subdivided in the future. ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15,1997 (#1 - #2286 Steve White - Continued) Gaf&on requested the applicant show the 929.4 contour on the survey. Parcel A includes a bam and out buildings that will have to be removed. Gaffron recommended the removals occur within six months of the subdivision approval. Septic system testing has taken place. The existing house meets all setback requirements. Gaffron reviewed the issues for discussion as noted in the packet. The applicant had no further comments to add at this time. Lindquist asked White if he was willing to move the lot line to accommodate parcel A having at least 5 acres of dry buildable. White said he would as it was his intent to have equal sized parcels. He informed Smith that this was the primary reason for how the property was being split. There were no public comments. White informed Lindquist that he understood and accepted the Staff recommendations 1-8 as noted in the packet. Smith was told that it was White's intention to constmct a home on the second parcel with no further subdivision. McMillan questioned the amount of roadway. Gaffron said Staff is recommending 66' instead of 80' as needed according to the Comprehensive Plan as no County trail is planned. He noted the County's standards are different than those in Orono's Comprehensive Plan. Schroeder moved, Smith seconded, to approve Application #2286 with Recommendations #1-8 as listed on pages 3 and 4 of the Staff memo. Vote: Ayes 7, Nays 0. (Agenda item #2 follows Action Item #5.) (#5) #2279 AND #2280 MARC AND TRACY WHITEHEAD, 1220 LYMAN AVENUE, SUBDIVISION - CONTINUATION OF PUBLIC HEARING 7:13-8:00 P.M. The Applicant was represented by Attorney, John Winston, and Surveyor, Walter Gregory. Mr. Whitehead arrived during the application discussion. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 (#4 - #2212 Sidney Rebers - Continued) Jabbour told Wear that his access would not be closed without providing an access elsewhere. Wear indicated that the easement would protect both himself ar.d the City and should be done at this time. Jabbour asked Council to comment. « . Goetten said she did not believe the Council could ask the adjoining property owner to provide this easement. She supported the plan as proposed as there were no plans to close the Hwy 12 access. Kelley concurred with Goetten. Flint said he thought Wear was adequately protected as he currently has an access and it caimot be taken away from him. Barrett said an access cannot be eliminated causing a parcel to become landlocked without providing alternative access. Jabbour suggested Wear obtain a copy of the minutes of the meeting for his records. Kelley moved, Goetten seconded, to adopt Resolution #3972 granting preliminary approval of a Class II subdivision for property located at 2190 Wayzata Boulevard. Flint asked for and received clarification of the location and purpose of Outlots A and D. Vote: Ayes 5; Nays 0, (*#5) #2286 STEVE WHITE, 4355 BAYSIDE ROAD - CLASS I SUBDIVISION - RESOLUTION NO. 3973 Goetten moved, Flint seconded, to adopt Resolution No. 3973 approving a 2-lot metes and bounds Class 1 subdivision for Steve White at 4355 Bayside Road. Vote: Ayes 5, Nays 0. (#6) #2287 TRACI AND BRADLEY PETERSON, 1770 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 3974 Bradley Peterson was present. K I f // . V. . \ -----------------------— ••^ *' nT- ?1| « ^0 • • • • ^0 0 / / 0 // /■'JV.:m.g?S5 f */ ■? v^>K \'\! m P < V .^•••" />-• # ^0 J0 «.l. >-s;i-4-^ /j' # f I ( n V.'-- '^v-A Vii •>r/.y\' '/.• IV •i.. ^0 .. J ^....... ■" \ Up!....■ «- -//.f... iMiifS '.•••••:• \;;:: I^ m •.'iiii'. « » • I I « • f • ^ # 4 • fj t •♦••♦••♦♦................. V, X -->^- - cii:? __ jg^ ** .7 • :. : -I;:::'-: k. * :• ,* •*/*///^/ •* ' ^ ■ * >v. • ‘, •* • • * ^* * * * i * •* • ' ■■•• \ / i = //i% •• • •* .* • y / • * *' * * #* •'Jf I......------- ' .* /......................................::♦ •::• »: >i iiiilllill If?.' i W'ip• illin\A ifjUl I sm m m rn T) om yO 0p o1 r J ISmc/) o> o I -H > I |SJ 04 m > o-n COc X ^ -H5m ^ ■no 70 •V 3DO T)O COtno o <m5z r REQUEST FOR COUNCIL ACTION DATE: October 9, 1997 ITEM NO = 5 Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Administrator Reviewed:Agenda Section: Zoning Item Description: #2286 Steve White, 4355 Bayside Road - Class I Subdivision - Resolution Zoning District:RR-IA, 5 acre rural residential (north of Bayside Road) RR-IB, 2 acre rural residential (south of Bayside Road, north of quarter section line) LR-IA, 2 acre lakeshore residential (south of quarter section line) Summary of Request Applicant proposes to split this 55 acre property into two parcels to create one additional building site. Parcel A, the new building site, is proposed at 28.3 r'res in total area of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres is dry buildable. List of Exhibits A - Resolution B - Notice of Planning Commission Action 9/16/97 C - Planning Commission Draft Minutes 9/15/97 D - Hennepin County Letter 9/15/97 E - Memo and Exhibits of 9/11/97 F - Revised Survey Discussion This subdivision is proposed by applicant in order to allow construction of a new residence on the westerly half of the property. As detailed in the September 11th memo, the large size of the two lots results in this being a Class I subdivision which do<*s not require a plat and which is exempt from park dedication. Applicant initially proposed a slightly different location for the division line, but pursuant to Planning Commission and staff recommendations, has slightly relocated it to maintain at least 5.0 dry acres in the portion of each parcel located north of Bayside Road. This would allow the future platting of the northerly portions of either the westerly parcel or the easterly parcel into r Request for Council Action continued Page 2 of 3 October 9, 1997 Zoning File #2286 conforming sized lots at some future date without having to involve a lot line rearrangement. Each of the two lots to be created contains land on both sides of Bayside Road. The land to the north side of Bayside in each lot will not be separately buildable until some future date at which it is platted. On the south side of Bayside Road each of the two parcels contains more than adequate area and width to meet the RR-IB standards for individual building sites, and each of these tracts has the potential to be platted for 2 acre building sites in the future. Note that Parcels A and B are both considered as lakeshore lots due to the location of the 929.4 contour line as noted on the revised survey. Applicant should be advised that any future request to construct a walkway structure to the actual shoreline through the wetland will require City approval. There are defined City wetlands on the property over which applicant has agreed to grant the City Conservation & Flowage Easements. Applicant also has agreed to grant to the County a road easement over the 66' right-of-way. The County has requested an 80' easement, however, the Orono Comprehensive Plan defines only a 66' right-of-way for this County road, aqd Bayside Road does not contain a proposed County bikeway according to the County trail plan. Septic testing has been provided confirming that primary and alternate drainfield sites are available for construction of a new residence in Parcel A. The existing barn and outbuildings on Parcel A will be removed by the applicant in the near future. Planning Commission Recommendation At the September 15th meeting. Planning Commission voted 7-0 for approval of the proposed Class I subdivision subject to conditions 1-8 of the September 11th staff memo. Staff Recommendation Staff recommends approval of the proposed metes and bounds Class I subdivision with the following conditions of approval: 1. 2. Move the lot line so that the portion of Parcel A north of Bayside Road contains at least 5 acres dry buildable (this has been completed). Applicant to grant Conservation & Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. Request for Council Action continued Page 3 of 3 October 9, 1997 Zoning File #2286 _________ 3.The bam and other outbuildings on Parcel A shall be removed within 6 months of subdivision approval, based on the dilapidated nature of those structures. 4.Applicant shall grant to Hennepin County a 66' road, dramage and utility easement for the right-of-way of Bay side Road within the boundaries of the property. 5. Because this is a Class I subdivision, the subdivision is not subject to park dedication. 6.Applicant shall provide evidence that Hennepin County has approved suitable locations for an access driveway to both parcels (this has been completed). 7.Applicant shall have his surveyor define the 929.4 contour to confirm the lakeshore status of both Parcels A and B (this has been completed, both are lakeshore lots). 8.Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory stmctures on those portions will be subject to further City review and approval. COTJNCIL ACTION REQUESTED: Adopt the attached resolution approving a 2-lot metes and bounds Class I subdivision for Steve White at 4355 Bayside Road. ch 1 i I J r ennepin County An Equal Opportunity Employer nlf c - c= u N.? September 15, 1997 .SER. 1 I 199X Mr. Mike Gaffron City of Orono P. 0. Box 66 Crystal Bay, MN 55323 A *r - O AA Re: Steve White Subdivision, CSAH 84 Mike: As we discussed, the applicant should provide, via easement or dedication, an 80-foot corridor along this segment of County State Aid Highway (CSAH) 84 (40 feet from and parallel with the existing centerline). This action will accommodate any future upgrading and provide for utility installations that are expanding regularly. Access will be limited to one per site. However, none will be permitted along the westerly 300 feet on the south side of CSAH 84 due to the limited sight distance through the "S" curve. Thanks for the timely opportunity to review this proposal, and please call with further questions or discussion. Sin^rely /La David K. Zetterstrom, Transportation Planning DKZ:mvr Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8496 (612)930-2500 FAX:(612)930-2513 TDD;(612)930-2696 Recycled Paper /. TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Michael P. Gaffron, Senior Planning Coordinator DATE:September 11,1997 SUBJECT: #2286 Steve White, 4355 Bayside Road - Class I Subdivision - Public Hearing Zoning District:RR-1 A, 5 acre Rural Residential (north of Bayside Road). RR-IB, 2 acre Rural Residential (south of Bayside, north of 1/4 section line). LR-1 A, 2 acre Lakeshore Residential (south of 1/4 section line). Summary of Request Applicant proposes to split this 55 acre property into two parcels to create one additional building site. Parcel A, the building site, will be 26.0 acres in total area of which 18.8 acres is dry buildable. Parcel B, with the existing house, will be 29.1 acres in area of which 23.5 acres is dry buildable. Lbt of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Subdivision Code Excerpts F - Park Fee Ordinance Excerpt G - Site Evaluation Information Class I Subdivision Status This proposal follows lengthy discussions over a period of months between City and the applicant regarding its subdivision classification status. Staff initially concluded that a plat was required due to unusual factors including: this is a single tax parcel bisected by a County Road; the road effectively creates separate parcels on the north and south sides of it, and for zoning code compliance purposes the right-of-way boundary acts as a lot line; the road has never been formally dedicated in a plat; wetlands exist on the property and should be protected via the granting of Conservation and Flowagc Easements. However, after discussions with the City Attorney, staff has allowed this to proceed as a Class I subdivision because it meets the basic definition of a Class I subdivision, i.e. "the subdivision results in no more than tw'o buildable lots where each resulting lot meets or exceeds 5 acres of land, and each lot has at least 300 ’ of frontage on a public roadway which has been accepted and opened by Jl Zoning File #2286 September 11,1997 Page 2 the City... and where no flexible zoning application or extension of municipal utilities is involved". Flexible zoning includes special or conditional use permits, variances, PUDs, and rezoning, none of which apply to the proposed subdivision. The applicant originally suggested that this lot split should be exempt from the subdivision process because the definition of subdivision exempts those separations "where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500' in width for residential uses... However, it appears to staff that the wetlands at the south end of the property are likely at the OHW of Lake Minnetonka (although the 929.4 contour is not shown) and this may in fact be lakeshore property. Assuming it is, the lot width is measured at the shoreline and at the 75' setback, and neither Parcels A nor B meet a 500' width at those locations. Therefore, staff and the City Attorney have concluded that this split is not exempt but must at least be considered a Class I subdivision. Class I Subdivision Exempt from Park Dedication The City's park dedication ordinance, Section 11.62, applies only to Class II and III subdivisions based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions. Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in the future via a Class II or III subdivision, park dedication would be required. Merits of Proposed Division The subdivision as proposed is potentially troublesome because the land north of Bayside Road is zoned for 5 acre lot area minimum, but the proposed dividing line leaves a 4.7 acre tract north of Bayside in Parcel A and a 7.8 acre tract in Parcel B. The westerly tract would be substandard (and the City would likely be requested to grant a lot area variance) if that tract was ever proposed to be platted as an individual building site in the future. The City should not place itself or the property owner in the position of needing variances for future use of this property under current zoning. Therefore, as a minimum the lot line should be moved to the eeist to make sure that there is at least 5 acres in the westerly tract Applicant would be well-advised to have a wetland determination completed in the southwest portion of that tract, and add acreage to ensure 5 acres of dry buildable. In the easterly parcel north of Bayside, a 0.3 acre wetland exists and staff would request that this wetland shown on City and NWI maps be the subject of a Conservation and Flowage Easement. On the south side of Bayside, each of the two parcels contains more than adequate area and width to meet the RR-1B standards for individual building sites. Each of these tracts has the potential to be platted for 2 acre building sites in the future. Based on available maps and air photos, Parcel A is technically a lakeshore lot and subject to the r Zoning File #2286 September 11, 1997 Page 3 pertinent ordinances. Parcel B is likely a lakeshore lot; however, the lack of a 929.4' contour line on the survey makes this difficult to confirm. Note that the existing detached garage on Parcel B was approved on the basis that the entire 55-acre parcel abutted the shoreline. If the proposed dividing line makes Parcel B no longer abut the lakeshore, then the detached garage on Parcel B will become non-conforming. Applicant should have the 929.4' contour confirmed prior to final Council action. Existing Buildings on Parcel A Applicant has advised staff that the bam and other out buildings located in the northwest comer of Parcel A south of Bayside Road will be removed. Applicant proposes to constmct a new home on Parcel A in the near future. Site Evaluation Completed Applicant has provided information confirming that primary and alternate drainfield sites are available in Parcel A for constmction of a new residence. Issues for Discussion 1.How soon should the existing farm buildings be removed from Parcel A? Note that the bam is about 2,000 s.f., and the other buildings are each less than 1,000 s.f. All are in poor condition, and applicant has indicated he will remove them. 2.The applicant should be required to grant Conservation and Flowage Easements over the major wetland at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B. 3.The applicant should be required to formally grant to Hennepin County a road easement over the 66' Bayside Road segment traversing the property, which has never been formally platted Orono's Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'. Hennepin County staff have been asked to comment on this. 4. Are there any other issues for discussion identified by Planning Commission? Staff Recommendation Staff recommends approval of the proposed metes and bounds Class 1 subdivision with the following conditions of approval: 1.Move the lot line so that the portion of Parcel A north of Bayside Road is at least 5 acres dry buildable. Zoning File #2286 September 11,1997 Page 4 2. 3. 4. 5. 6. 7. 8. Applicant to grant Conservation and Flowage Easements over the large wetland at the south end of the property, as well as over the smaller wetland in Parcel B north of the road. Applicant shall provide legal descriptions for such easements. The bam and other out buildings on Parcel A shall be removed with 6 months of subdivision approval, based on the dilapidated nature of those structures. Subject to Hennepin County Public Works review, applicant to grant the County an easement for the 66' of right-of-way for Bayside Road within the boundaries of the property. Because this is a Class I subdivision, the subdivision is not subject to park dedication. Prior to final Council action on the subdivision, applicant shall provide evidence that Hennepin County Public Works has approved suitable locations for an access driveway on Parcel A on both sides of Bayside Road, as well as for the portion of Parcel B on the north side of Bayside Road. Applicant must have his surveyor define the 929.4 contour on the property prior to final Council action on this subdivision, to confirm the lakeshore lot status of both Parcels A and B. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to constmct accessory stmctures on those portions will be subject to further City review and approval. Options for Action 1. Approve per staff recommendation. 2. Approve with revised conditions. 3. Table for further information. 4. Recommend denial (state reasons). \ y VP (? .6* 5.Other. #• »CV4## |T-«r9.j/ • • • \ / _ ^uO Swedlund Septic Service September 10/ 1997 Steve White VCI Capital P.O. Box 375 Long Lake, Mn.55356 Re: Septic System Sites at 4355 Bayside Road, Maple Plain Two treatment areas have been located at the above mentioned property address (see attached). Both sites will require mound septic systems. Both areas have a 3% slope and appear to be old pasture or feed lot areas. Grasses in the area are con­ sistent and seem to be undisturbed. Colors do vary in the Munsell Book but is probably due to animal usage over a long period of time. The house location and size are not determined at this time/ although there is a large area to work with. A completed ^design will be required before building can begi'n. Thank You. Jeff Swedlund y Swedlund Septic Service • 9520 Lakeiown Road • Chaska, MN 55318 • 442-5855 STATE CERTIFIED SC^-f^nc. ; i m ' .. *. • 3. •• ! '-Jl' ' 'P %/■■' I 2?: J0» \ ^ //; C ^ ^ ^ » t » #» • -• ,103? / / ' ' ' \ - - *• \ ^ \ « * '. v\ ...............• 1 r^'h A \_____/ 1—/ \ -------------------------- \ \ / ^ 1 — ^^ ^ ' \ y^. r.--------- rtc?^ CiTi r , I \ V* T ^ ' *£f • • h • 2 . r&s^'ai r<.<**-aa iy.r»^i/l«iinnLTti.■•t^« It. _ —•jj'.ii. ili TnTiTtrfi*, RKraSiE!^ ilireilL W9W} It}ct]tj itiMt MllltJ Mira rXSriTITiflllt] Miira iliflMra rtvsuHi nira flti¥9ra •nreira iliirara •itiisra ^TiTW] \\« CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 7a 6. As a Class 1 subdivision, this subdivision is not subject to ^ark Dedication. The subdivider is advised that the portions of Parcels A and B north of Bayside Road are not separately buildable, and any future proposal to construct accessory structures on those portions will be subject to further City review and approval. Applicant shall provide confirmation of legal ownership of the property via title opinion or other form satisfactory to the City Attorney before the subdivision will be released for filing. The aforesaid division shown on the attached Certificate of Survey and the aforesaid easements shall be filed by the City of Orono with either the Hennepin County Recorder’s Office or Registrar of Titles Office on or before April 13, 1998 together with a certified original copy of this resolution. The approval granted by this resolution shail expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 13 th day of October, 1997. ATTEST: Dorothy M/Hlllin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Gabri^^Jabbour, Mayor The foregoing instrument was acknowledged before me on this 13th day of October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed ombehalf of the City. _____ Notary Public LINDA S. VEE NOTARY PUBUC-MINNESOTA K HENNEPIN COUNTY ft Page 2 0 f 2 My Commission Expires Jan 31.2000 ^ I if f r j - -------------- 6________---------------- '^Jit t .• ^ «a «r«0« 0|« ^«*t"*** * cc^c« * - **f • 55.5 ailf hCs=i:;5?Mi*?fr Xmz -H Xm om 70 m m "□ ooc o ■n -<«• s. COmo m > m o •D 7)o T> O COmo mc/> O -H > m I § o < oS 5z I N) 04 "no;o IE r FLOWAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this and between ______________________ day of , 19 ___,by , and its heirs. assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota; as follows: 1 . Grantor(s) hereby covenant(s) and agree(s): A.No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B.No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C.No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D.No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. Page I of3 r E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except: All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. Page 2 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this _____________.19___,by__________________ day of NOTARY PUBLIC STATE DEED TAX DUE HEREON: r- k'. f- This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 3 of3 s 10.55 • - subd. 6', Zoning Use Districts. The Zoning Use Districts as designated on the Official Zoning Map shall remain unchanged with the adoption of this Section. The provisions of this Section, including the designation of Flood Plain and Wetlands Conservation Areas, shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL.1 A I I ■ i i i ■ i i i i i i t S 10.55 the "capacity of the channels of floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system, and no use shall adversely affect the or- quantity of ground water runoff or the quality of the natural environment. 01^/- A. Permitted Uses. (When in conformance with this Chapter): 1. Agricultural uses such as pasture, grazing, and wild wildlife sanctuaries. 3. Recreational uses such as fishing accesses, unpaved hiking, biking, horseback or nature trails, and picnic areas. Residential uses such as lawns and gardens provided no filling, grading or hardcover is involved. 5. Seasonally installed residential boat docks for single family stone rip rap shoreline protection. 7, Sand beach blankets meeting the requirements of the Department of Natural Resources Regulation 6MCAR15021B. this Chapter): B. Conditional Uses. (When in conformance with 1. All other forms of shoreline protection including wood, metal, mortared stone or concrete seawalls. 2. All dredging or excavation of material from any lake bed, pond, or wetland or from land adjacent thereto. ^ 3.' All permanent boat docks or other similar structures. multiple boat docks including residential or commercial structures, whether seasonal or permanent. culverts, and weirs. 5.* Water control structures such as dams. 6. 7. 8. Bridges and abutments. Utility lines. , . j„. Other similar uses not specificaliy ..isted when approved by the Council and other regulatory agenci^i, ••iit no use shall be approved which will restrict or obstruct any flood flow or which will raise the level of any flood ^/dO Y Subd. 10. Flood Fringe District (FFD). The uses have a low flood damage potential and do not obstruct Elooa fl“s These uses shall be permitted within the Flood Fringe District to the extent that they are not prohibited by any otner City Code provision and provided all permits or authoriz?t-^ns are received as may be required by other City Code provision or ORONO CC 366 (4-1-84) mm ; 1 1 COUNCILMBETINQ Date of Application; 8/19/98 Date Complete: 8/19/98 60 day limit; 10/18/98 SEP 2 8 CVTV O'r OROMO REQUEST FOR COUNCIL ACTION DATE: September 24, 1998 ITEM NO.: ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2414 Randall and Marie Staffanson 1422 Park Drive Variances-Public Hearing Zoning District: LR-IB, One Family Lakeshore Residential District (1 acre) Lot Area:.33 acres (14,383 sq. ft.) Application:The applicants previously were granted variances for hardcover and side yard setback to allow reconstruction of a garage that was destroyed by fire. The applicants want to use storage trusses that will increase the height to 15' at the peak of the roof where the previous garage was 12' to the peak. The Building Official determined that storage trusses could not be used without the Ciiy Council reconsidering the variances because a change in height is not exact replacement. This is not an application for a height variance because the height of the new garage is less than the principal structure and therefore, conforms to the Zoning Code's requirement that an accessory structure shall be lower in height than the principal structure. The variances that are required are to encroach into the required side yard setback, to allow a 6.16' setback where 10' is required and to allow 31.75% hardcover in the 250'-500' setback where 30% is allowed. PLANNING COMMISSION RECOMMENDATION: To approve on a 5-0 vote. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. 1 I I TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: September 16,1998 SUBJECT: #2414 Randy and Marie Staffanson 1422 Park Drive Variance-Public Hearing Zoning District: LR-1B, One Family Lakeshore Residential District (1 acre) 14,383 sq. ft. (.33 acres) Application:The applicants are requesting a variance to replace a garage that was destroyed by fire in the same location and size, except that the proposed massing of the garage is different in that they wish to use storage trusses that increase the height from 12’ to 15'. Because this is a change in height from the previous garage, a variance is required to build the garage. The variance is not for a height increase, however, because the proposed garage does not exceed the height of the principal structure. The variance is to allow a replacement structure that has the same footprint, hardcover, and encroachment into the side yard. Pertinent Ordinances: Section 10.24, 5(B) LR-1B Setback Requirements Section 10.22,2 Hardcover Requirements U2414 Staffanson 1422 Park Drive PC-9/21/98 page-1 r.*- - f ANALYSIS The applicants are allowed by ordinance to rebuild the former garage at the same location, height, and size. Using storage trusses increase the height by 3' which represents a change from the former garage. This plan change requires the same variances for hardcover and setback as the former garage. The use of storage trusses will not have a negative impact on adjacent residential properties. STAFF RECOMMENDATION Staff recommends that the proposed gariige be allowed to use storage trusses and a new resolution should be prepared to replace Resolution #4108 with the height of the garage with storage trusses noted. Attachments A B C D E F G Application Applicant's letter Plat map Survey Elevation Pictures Resolution #4108 ............ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #2414 WHEREAS, Randall G. Staffanson and Marie L. StafTanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14 "Saga Hill Revised", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 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 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a new 24'x26' garage, 15' in height, to be located 6.16' from the side property line where 10' is required. Hardcover in the 250-500' setback is 31.75% (4,566.78 sq. ft.) where 30% is allowed. The previous garage was destroyed by fire. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2414. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .33 acres or 14,383 sq. ft. Page 1 of4 MfVt m I «4c«» •irat MlWt •IlUt rtrAV:uii [•jiTtnml liJMi r«TiTriT*»i rtTiT«nfr« r«mr«virti ^MlTTfKlTHi riTCiTt] riTi7i»ij 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 10.24, SubdKision 5 (B) and Section 10.22, Subdivision 2 for hardcover and side yard setback to permit construction of a 24'x26' garage, 15' in height to be located 6.16' from the property line and to allow 31.75% hardcover in the 250-500' setback. Approval was subject to the following conditions: 1. 2. 3. 4. If the shed in the rear yard is destroyed in the future, it shall not be allowed to be reconstructed to encroach in any required yard nor increase in size. 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 (September 28, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabnel Jabboar, Ma^'.or ►- Property Owner(s) Page 3 of4 r STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 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 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 199 ___, before me a Notary Public within and for said County, personally appeared __________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 L A Application # . . . . . Date Received "S■ Amount Paid. ^^3^3 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 Ffo?s (Double application fee) PROPERTY INFORMATION Site Addres s 1^-22. 'T32-\\l&_____________________' Property Identification Number (P.I.D.) OOf^ Attach legal description to application if not included on required survey. Date Property Acquired APg-lL ____________________^(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property; K residential ___pother (specify). ZoningDistrict: L^l ^ B____________________________ APPLICANT Name Address: /V/Z Phone (home) Cp) z/ Z~ 7 _____ Phone (work) City: MCLLVl^C ______Zip: # OWNER (if different than applicant) Name Address: Phone (home). Phone (work)_ City:. Zip:. DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: SeiS- ______ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width ___Hardcover .____Lot Coverage Setback;Front Side Rear Average Lakeshore X Other (specify) \f\ 1*^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO^ITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: _____________' (attach additional sheets if necessary) r A REQUIRED SUBMITTALS i*' All of the following information must be submitted bv the application deadline date in ftrder for vour application to be considered complete; 1. 2. 3. V 4. 5. 6. X 7. 8. Completed Application Fonn Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map firom Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8‘/i" x 11" for reproduction. Topographic survey (existing and proposed elevations) if an'' changes in existing grade are proposed. In addition, provide one (1) copy S'/a" > 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 wiA 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 year 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. OWNER'S-SIGNATURE The owner hereby acknowledges and agrees to tWs application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 1 I r Legal names of all persons with an interest in the property: Randall Gary Staffanson Marie Lorene Staffanson marital status: married Joint owners of the property: 1422 Park Drive Orono, Minnesota 55364 DESCRIPTION OF REQUEST Describe request in detail: Estimated Construction Cost: $15,000 We seek a variance to build our garage with storage trusses. The storage trusses would bring the peak height of the garage 3 feet higher than standard trusses would. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Due to the size of our house, we are limited on storage space. The extra room and strength of the storage trusses would allow greater use of the garage. A variance is needed due to the fact that storage trusses would make the garage three feet higher at the peak than if standard trusses were used. i v:: Mi r\l r rt) o « •-vy P^f O I I'. I ^ • *4•»o r> *n g V •o *0 » o # vT ^ "'^>*'/:iX " X./a " ?\ -\ «?/ /iX 7 -^^l/<>X< X/8 X ,5/ (SO) ^ 0 X X • X ^/ /'.cez) v/y ; X\ X''X’‘X \V3p'^ > \ : W / \ . (79; V /. \\ \. X a X XX>X4<XXf \ '•XXX’XXx iO \ \ \«p \ n= ' \ , 7 ' 5 V: Px X"’, -• ''15^^'°’' «> <• 15 ' .'j ^■/ l-Xv' \ -j ''^' V X?'Vi, :'\ V..V ? &S« \a>XX<«' '^«w5V'' / ^v*‘ ^ / ’ / O. ;2f '•• ‘"^X...'-^-->-.r"/'‘ V IcoV ’’-^' to9)\ i L 4 e \(20)\ '-? (Z2) \ \ \ v A\. *» ’'^■ \3^ ooc k O f-APT OP SAGA wKL park -4.27) >1^ ^<^;:::::iii :(74)\ _j>'X L^ V. X ^ ..•5^X<y .6A '5 iZo C3) ?? d.m £M \ 6 S ( 14) .-^ U !0 ft (23) -'■ <? ^'1' I2Z^ (24; ■^(Ss .* ^ : 5? '\i ;I(25)r?-^X K.' (2) ■^''V \ /(15) aiH) 01-m-Z~5-^H ^sr S'3s./ .\<>\ X .'''^V\v K /' , • N' '.'•i //X \ / / / <-X'/ t ,VJ* '/ J9.5- ^ > X' /, c^'C^' .-•• XP'12). •■■ '-n/I ¥! ■«!??>■ -Vt-< fe). /■( Zi / ■ ^ V -T ' ”f *4^ / /(<7)/ ■f/“a/„ / / XZi, / f'V'X S f '/ T' 7*^/ / > / f ^r>."'^'/“•.g/s:./ / ,/ "/n_ " - r PROPOSED HARDCOVER IN ZONE HOUSE . GARAGE . DRIVEWAY . SIDEWALK . PATIO / . LANDSCAPE UNDERLAIN WITH PLASTIC OR FABRIC K% of . OTHER (SHED & CONC. SLAB) ( PLASTIC COVER ) WOOD STEPS ) 168.90 39.78 43.18 S.F. S.F. S.F. ^TAL HARDCOVER IN ZONE 4.484.94 A AUG-19-98 WED 08:47 KATZ ANALYTICAL. SERVICES 8129488701 P. 01 ' f ' \ 'i ■ ■ ■ 5 1 ' c % •>, s- '? JL'.: *7 ‘i r li ; . 1 {■/ •• •/ •*a^ • •» _ •-'S^ TTT f '.. ! J ./ •' f . » i. . " .; -♦%• -«r •••«.lF%i'4f v* 5^/ / J CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 4 10 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #2358 AVHEREAS, Randy Staffanson and Marie Staffanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, "Saga Hill Revised," Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono City Council held a public hearing on May 26, 1998, at which times all persons desiring to be heard concerning this application were given the opportuiiity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to permit the construction of a new 24'x26' garage in the :ame location as a previous garage destroyed by fire. Variances are required for a side yard setback to allow the garage to be located 6.16' from the property line where 10' is required and for hardcover to allow 31.75% hardcover in the 250-500' setback where 30% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of* Orono, FINDINGS 1. This application was reviewed as Zoning File #2358. 2.The proper!}' is located in the LR-IB, One Family Lakeshore Residential Zoning District w'here 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .33 acres. 3. The City Council made the foHov/ing findings of fact: Page 1 of 4 r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 1 0 8 A. The variances are required to preserve.a substantial interest in the property. B. No other location exists on the lot where a garage can be located. C.The garage replacement does not increase the amount of hardcover beyond the amount that previously existed nor further encroach into the side yard setback than the former garage. D.The zoning lot does not conform to minimum zoning requirements for the LR-IB district. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 keepi', with the spirit and intent of the Zoning Code and Comprehensive Plan of ‘ - 5.The City Council has considered this application including ' midings 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 fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to allow 31.75% hardcover in the 250-500 ’ setback where 30% is allowed and to allow a side yard setback of 6.16' where 10' is required to permit construction of a new 24'x26' garage in the same location as the previous garage that was destroyed by fire. Approval was subject to the following conditions: 1. The existing shed encroaches in the required r;.ir yard setbacks. If the shed is destroyed, it shall not be allowed to encroach in the required yard or increase in size. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 10 8 2. 3. 4. 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 (July 13, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th duy of July, 1998. Lihda S. Vee, City Clerk GabrielsJabbour, Mayor Property Owner(s) STATE OF * Tii'iNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by GabnVl Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota mumcipal corporation and said instrument was e.xecuted on behalf of the City. Not^r PublicJAMIE LGEMAR NOTARY PUeUC4UNNES0TA NBOiSW COUNTY My Consnlsskn __^ Page 3 of 4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A H 0 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ik^On this day of ^aid 0 199 y . before me personally appearedNotary Public within and for ^aid 0 County, , -u j • - ItnowTi to me to be the persor(s) desenbed m and who executetfffie foiegomg instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. mmffMCOUNTY Mv Cwwwb^w EnHws ■taySli Notary/Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) I , 199 y e before me a On this day of ----------»u Notary Public within and for Mid C^nty. personally >PP«^d as his (their) free act and deed. > C.17 C/'itOLE A HASEM^U [■ NOTARY Pueuc-MINKESOTA { \!Tvr:.^ VVy HENNEPIN COUNTY T j: My Cccdrtsslon Ex^irw Jsn. 31.2C00 k i Notary P. Mic Page 4 of 4 I i J COUNCIL WESTING Application Date: Completion Date: 60 Day Deadline: 8/19/98 9/10/98 11/9/98 $EP 2 8 REQUEST FOR COUNCIL ACTION crn' or obono DATE: 9/23/98 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2415 Kevin and Pat Kennefick 3241 Casco Circle Conditional Use Permit-Variances-Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District '1/2 Acre) Lot Area:31,744 square feet (.72 acres) Application: The applicants are applying for an after-the-fact variance and an after-the-fact Conditional Use Permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock. The landscaping work involved installing boulder outcroppings on a steep hill towards the lakeshore. The property owners originally had a steep hill covered with grass that was dangerous to mow. Installation of the boulders required removal of some soil and placing new soil elsewhere. The boulders will serve to allow plant growth. Natural Environments Corporation has reported they have used over 600 plants on the hillside. The property owners also had a deck removed and new constructed. The new deck is in the same location as the previous deck with a changed footprint. The deck would require a variance from allowed hardcover in the 75-250 ’ lakeshore setback. Although the hardcover is being reduced from 42.5% to 39.8%. This application will require the following variance: 1.Hardcover in the 75-250' lakeshore setback. The previous hardcover was 42.5% the existing is 39.8%. A Conditional Use Permit is required for the following: 1. Land alteration in the 0-75' lakeshore setback. Landscaping and the addition of boulder outcroppings occurred within 75' of the lakeshore. PLANNING COMMISSION RECOMMENDATION: The planning Commission recommended by a 6 to 0 vote to: Approve the variance and conditional use permit as submitted. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. This is an after-the-fact application, therefore double permit fees should be required. 1 4 k .. A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) AND AN AFTER-THE-FACT CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2415 WHEREAS, Kevin Kennefick and Patricia Kennefick (hereinafter the "applicants") are the owners of the property located at 3241 Casco Circle within the City of Orono (hereinafter 'City") and legally described as follows: Lots 16 & 17, SPRING PARK; ALSO, all that part of vacated Lake Shore Avenue and the tract of land lying between said vacated Avenue and Lake Minnetonka which lie between the easterly extensions of the northerly line of said Lot 16 and the southerly iine of said Lot 17, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the replacement of a deck allowing 8,004 s.f. (39.8%) hardcover in the 75-250 ’ lakeshore setback area where 5,025 s.f. (25%) is normally allowed and to Municipal Zoning Code Section 10.03, Subdivision 19 for an after-the-fact conditional use permit to allow land alteration within 75 ’ of the lakeshore. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 2. The property is located in the LR-IC Zoning District 3. The property is approximately .72 acres in area. Page 1 of 4 r 4. 5. 6. The Orono Planning Commission reviewed this application on September 21, 1998, and recommended approval on a vote of 6 to 0 of the proposed after-the- fact variances and conditional use permit, based on the following findings: a. b. c. d. The property contains a steep hill that is dangerous to maintain. The landscaping has eliminated the need to mow grass and allows soil to absorb water. The hardcover on the lot has been reduced in the 75-250’ setback area from 42.5% to 39.8%. Tne hardcover in the 250-500’ setback area has been reduced from 31.8% to 29.7%. The applicants shall be required to pay double permit fees as required on after-the-fact applications. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting an after-the-fact conditional use permit to allow land alteration within 75’ of the lake shore 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 Page 2 of 4 Based upon one or more of the above fmdings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the replacement of a deck allowing 8,004 s.f. (39.8%) hardcover in the 75-250’ lakeshorc setback area where 5,025 s.f. (25%) is normally allowed and grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow land alteration within 75’ of the lakeshore, subject to the following conditions: 1. No additional land alteration is to occur on the property without receiving necessary permits from the City. 2. The landscaping will adequately screen the boulders from view on the lake side. 3. Authorities granted by this resolution run with the property not with the o\^ers, but are permissive only and must be exercised by application for a building permit within one year of the date of Council’s approval, or the special conditions of this resolution will expire on that date (September 28, 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 pumshable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on oelialf 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 28th day of September, 1998. 4. 5. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 mg STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of September, 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. ie. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public ss. On this day of a Notary Public wiihin and _____________________, 199 ___, before me for said County, personally appeared __________known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public ss. On this day of a Notary Public within and _____________________. 199 ___, before me 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 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO; Kevin Kennefick 3241 Casco Circle Wayzata,MN 55391 TYPE OF APPLICATION: ZONING FILE #2415 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 COPIES TO: Terry Sanders 1110 Evergreen Lane No. Plymouth, MN 55441 Variance DATE OF MEETING; 9/21/98 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 September 28, 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\CAROLEW:ACT10N\2415 h TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator September 16,1998 #2415 Terry Sanders of behalf of Kevin and Pat Kennefick 3241 Casco Circle Conditional Use Permit—Variances—Public Hearing Zoning District: LR-IC Lot Area:31,744 One Family Lakeshore Residential District (1/2 Acre) square feet (.72 acres) Application:The applicants are applying for an after-the-fact variance and an after-the-fact Conditional Use Permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock. The landscaping work involved installing boulder outcroppings on a steep hill towards the lakeshore. The property owners originally had a steep hill covered with grass that was dangerous to mow. Installation of the boulders required removal of some soil and placing new soil elsewhere. The boulders will serve to allow plant growth. Natural Environments Corporation Ha<; reported they have used over 600 plants on the hillside. The property owners also had a deck removed and new constructed. The new deck is in the same location as the previous deck with a changed footprint. The deck would require a variance from allowed hardcover in the 75-250' lakeshore setback. Although the hardcover is being reduced from 42.5% to 39.8%. A portion of the deck encroaches into the average lakeshore setback, but to be considered structure it must e.xceed 6' over grade level, which it does not. Some work did occur in the 250-500' setback that reduced total hardcover from 31.8% to 29.7%. ^24/ 5 Kevin and rat Ke aieftck 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page I This application will require the following variance: }. Hardcover in the 75-250' lakeshore setback. The previous hardcover was 42.5% the existing is 39.8%. A Conditional Use Permit is re.|uired for the following: 1. Land alteration in the 0-75' lakeshore setback. Landscaping and the addition of boulder outcroppings occurred within 75' of the lakeshore. Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.56, Subd. 16(L)(2): Lakeshore Setback Regulations Section 10.03, Subd. 19: Land Alteration ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f.100'75'10'30* The subject property does meet lot area requirements. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75'8,700 s.f.300 s.f. (3.4%) none (0%) 300 s.f (3.4%) none 75'-250'20,100 s.f.8,553 s.f (42.5%) 5,025 s.f (25%) 8,004 s.f (39.8%) yes 250'-500'2,944 s.f.937 s.f (31.8%) 883 s.f (30%) 875 s.f (29.7%) 1 none 500'-1000'0 0 0 (35%) 0 none The applicant requires a hardcover variance for the 75-250' lakeshore setback to allow 8,004 s.f. (39.8%) where 8,553 s.f. (42.5%) previously existed. 675 s.f. of boulder outcroppings were added within 0-75' of the lakeshore. In the past the City has not considered boulders as hardcover, although the amount placed near the lakeshore may be excessive. Structural Coverage M2415 Kevin and Pat Kennefick 3241 Cojco Circle Variances and Conditional Use Permit 9/21/98 Page 3 I Total Lot Size Total Structural Coverage Percentage 31,744 s 4,014 s.f 12.6% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS A. Conditional Use Permit Staff has determined the landscaping that has occurred on the property required fill to be added to stabilize the outcroppings on the lot. Before the landscaping the hill was grass that the applicant has stated was difficult and dangerous to maintain. 2. 3. That the proposed location of the conditional use is in accord with me objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. The improvements to the property would not change the use of the property. The property would remain residential. 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. The property owner installed the landscaping as a result of having a steep hill that was dangerous to mow. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The amount of dirt placed for landscaping was minimal. The boulders will have the most impact as they are visible from the lake. The intent of the Shorcland Ordinance is to restrict alterations within the lakeshore area. The new landscaping will better control the absorption of water since no under lying material was added and the plants and rocks would cause more water to be absorbed into the ground rather than flow over the grass to 5 Kevin and Pat Kenneftck 3241 Casco Circle Vartcnces and Conditional Use Permit 9/2 1 m Page 4 the lake. Issues 1. 2. The applicant is requesting an after-the-fact variance to allow hardcover to exceed 25% in the 75-250 ’ setback to allow the deck built without a permit to remain. An after-the-fact conditional use permit is required for land alterations and grading within 75' of the lakeshore. 3. 4. 5. 6. The portion of the deck encroaching into the average lakeshore setback is only 40' from the adjacent property to the north. Mowing the grass on the hill prior to the landscaping was difficult. The lot does meet structural coverage requirements. The hardcover in the 250-500' setback has been reduced from 31.8% to 29.7%. STAFF RECOMMENDATION Stati* recommends appioval of an after-the-fact variance for hardcover of 8,004 s.f. (39.8%) within the 75-250' lakeshore setback and the applicants pay double application fees as required for after-the-fact permits. Staff recommends approval of the after-the-fact conditional use permit to allow boulder outcroppings and grading to occur within 75' of the lakeshore subject to the following conditions: 1. No further land alteration is to occur without receiving necessary permits from the City. 2. The landscaping will adequately screen the boulders from view on the lakeside. Attachments (12415 Key/m and Pat Kenmfick 3241 Casco Circle yariances and Conditional Use Permit 9J2im Page 5 A B C D E F G H I J K L M N O P Application Building Permit Application Plat Map Location Map Topographic Map Letter from Applicant Photographs of Completed Work Letter from Property Owners Letter from City Building Official Previous Survey Existing Survey Hardcover Calculation Worksheets Existing Site Plan - Survey Landscaping Plan Property Owners List Permit Record U2415 Kevin and Pal Kermefick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Pages Kr ffT'-Wira-tira lAft t L Application if 2.^iS~ Date Received Amount Paid t> 3^^ ~ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3241 Casco circle. Orono» Minnesota Type of Application to be Filed____ Property Identification Number (P.I.D.) APPLICANT Name__ Terry Saoders _ Phone (home)___ ________________________ Phone (workl *:544-8002 Address 1110 Ever -^rcsn Lane No._Plynputh# WJ_______Zip 55441 OWNER (if different than applicant) Name Kevin Kennefick ____ Phone (home ) 47i-onzS Phone (work) 332-5200 Address 3241 Casco Circle No. City Qrono Date Property Acquired December. 1996 Zip 55356 _ (month/yej — •' I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - ______S 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 more Grading, seawall, retaining walls within 75' of lakeshore r-xs!vrr;’';-l‘V-—i .S-. ri W V* i' PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation ______$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule r f \ i i L Total Fee: $ Entered By: Date Received: Permit 0: CITY OF ORONO - BUILDING PERMIT APPLICA ^ 'P' ^ ^ 7 J//?? All information must be submitted in full before plan review wil r (please print all information) THE APPLICANT IS: (circle one) OWNER Cl^^NTRACTO] JOB SITE ADDRESS: ZIP: ^ / NAME OF OWNER: MAILING ADDRESS: t: 5^. tZr^»-tK-<L.L PHONE: (home) 7/-g^-<6 (work)_______________ CITY:ZIP: CONTRACTOR: /(Jr^^^l C^pPHONE: CONTACT PERSON: ^ MOBILfe/PAGER: 6f 7</^/0,— MAILING ADDRESS: J^/o STATE LICENSE: # MQBILE/FAGKK: WCITY: rT5~^^/ ARCfflTECT/ENGINEER: MAILING ADDRESS:___ NAME: PHONE: CITY:ZIP: REGISTRATION # TYPE OF WORK: New Move Addition Remodel/Alteration Accessory Structure___ Land Alteration ^ PROPOSED WORK (describe in detail): Um( )-/eOiy<i^ iuorfr i At S-f* STORIES:________ SQ. FEET OF EACH FLOOR: NO. OF BEDROOMS:GARAGE STALLS: ATT.DET. I hereby apply for a building permit and I acknowledge that the uiformation above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. DATE: _APPLICANT’'S SIGNATURE^' NOTE! Parade of Homes events requi/e separate permit approval Ij Police Department and City Council 60 days prior to the event. Non~permitted events will not be allowed. f '\atural Environments Corporation 1110 Evergreen Lane North Plymouth, MN 55441 Telephone (612) 544-8002 Facsimile (612) 525-0576 lO Kevin Kenneflck Home: 471-0026 3241 Casco Circle Work: 332-5200 Orono, Mn Fax: 332-4539 To: City Council, City of Orono, Minnesota Re: Application for variance, 3241 Casco Circle, Orono, MN Issues include 0-75’ grading, 75-250’ range hardcover, and line of sight. #1 - Request for conditional use permit in the 0-75’ range This request is based on the fact that before the landscaping work was done, management of the hillside was extremely difficult. Due to the steep slope, the owners had trouble mowing, and erosion was a constant problem. The steep slope sped up the flow of water so it drained off the hill rather than filtering through the grass and soil. The landscaping work involved installing boulder outcroppings designed to slow the water flow as it went down the slope. Around the outcroppings, plants and mulch were installed to assist in absorption and filtering of water. No landscaping fabric was laid under the mulch to further perpetuate the filtering process. The landscape designer used over 600 plants and strategically placed outcroppings to create an environmentally friendly and aesthetically pleasing solution to the problems the owners were facing. The designer selected plant materials which would be the most effective in slowing the flow of water and r stabilizing the hill. In addition to the hillside becoming more effective in treating surface water, the wide band of grass remaining at the bottom of the hill out to the lakeshore can now more effectively absorb and filter any water off the hill, as the flow has been significantly slowed. The elevations at the top and the bottom of the hill were not altered, and the alterations of grade on the hill were kept to a minimum. Fill was added only to the areas behind the outcroppings and the amount installed was the minimum amount necessary to create a safe and stable environment. Since these landscaping changes have been made, the area has experienced several powerful storms with heavy rainfall. The erosion reduction methods worked perfectly. There was no evidence of erosion. #2 - Request for Variance on Line of Sight The new landscaping work involved removing an old, rotting deck and replacing it with a new deck having an additional section that crosses the line of sight. Some facts should be noted. Immediately to the north, trees and shrubbery grow along the property line which minimize line of sight problems. The second property to the north has already received variance on line of sight for a deck that extends further than the deck for which this party requests variance. In addition, the next two properties to the south also have variances for decks that push out farther than this deck. Finally, it should be noted that this deck is much lower to the ground than the neighbors’ decks, hugging the ground at only one to three feet off ground level. #3 - Reque.st for Variance on hardcover in 75-250 ’ range Based on a land surveyor’s figures, hardcover in the 75-250 ’ range previous to the work done was at 42.55 %. The owners have diligently tried to reduce this. As a result of the landscaping, the hardcover has been reduced to 39.82 %. Part of the reduction process has included removal of creosote-soaked railroad ties, which presented a potentially hazardous situation in regards to water and drainage into the lake. These were replaced with boulders. / ^ /H2 i 5 Thank You, Terry Sanders A hr.U' Ui W .y • 7]f-r..j u ' % *r.*:.:wZ7 - .-I- .' - View off north lRle6f^eck ''i4 ‘ -L ! "• "•■- , e_- ’>v *i!yyJ'r. ' ^.;i. :7 'Vt ^ . • f • m•• • ^ ? ’ .- O- »•^5 7-r> • r » ■ ; t-'A3 » I ■.:: .« *• • »A’ a IS m /'•.» .; . V A - l%5 ♦> IB - View off south side of deck v'^ 5^ ?>Tv>o-. V -V- •X _ • y* '«\ M| §■ . M "x id s» • 'r>‘ i'/*'. -. . /y V ;v^ ! < i !i .\ "'<i^ ih 1' --T* ■j 'I'U 3A - Close-up view of outcroppings O fc; \m - wT' '* • •• '• -^y •> «\' • M-- f " -srL ..^ *••X 1 ■ / :' ■ :' f;'.i ■• .■ vV V iWn/ : V- V »♦ >*■ / 2? ✓*'* *« - ■A August 18. 1998 Ke\in and Pat Kennefick 3241 Casco Circle Wayzata,MN 55369 City of Orono Planning Commission/ City Council Dear Sir or Madam; Background My wife and I are seeking variances to complete a large renovation project already well undenvay. Our property at 3241 Casco Circle includes a 105-year-old home that was in need of major upgrading. The majority of the woik was reconstruction on the inside of the home. We stayed within the original footprint to ensure we would remain inside any hardcover restrictions relative to the home itself Our contractor applied for all required permits and the work has progressed to near completion. The outside of the home also required substantial change. The front of the home was landscaped with a series of terraced walls made from now deteriorating railroad ties. These timbers contained creosote and included sheets of plastic between the terraces to prevent weed growth. The back of the home included the same type of timbers as well as a cement wall that was crumbling and leaning severely towards the house. We had not intended to replace the deck on the lakeside of the house at this time, but found it necessary as the construction progressed. We were removing stucco siding from the house. A portion of the stucco >vas behind the l^ger board that supported the deck. We tried to temporarily remove the ledger board; unfomuiately, we found it rotten and unsafe to support the deck. At that point, we made the decision to replace the deck in basically the same configuration it was before. We also made the decision to landscape a hill that leads to the lake in a w'ay that would provide natiual beaut}’ and comply with >ve believed to be the restriction regarding hardcover in the 0-75 foot range. The hill to the lake caused a significant safety hazard when attempting to mow the grass. It was also deteriorating with large w-ashout gullies forming when there was heavy rain. I was unable to hire anyone to mow it because of steepness and the inability of the equipment to stay on the hill. 1 had to wear golf shoes to stay on the hill and on more than one occasion had the lawnmower roll over on top of me. Fortunately, 1 made it through last summer without being injured. (A prior owner told me he had to tie himself to a tree to prevent falling down the hill). Something needed to be done. i O ± J. r Page 2 August 18, 1998 We did not like the look of hca\ily terraced walls that you see as you drive along the lake. We wanted to retain the “period” look and keep it as natural as possible. The selection of boulder outcroppings was made based on the following criteria. We needed to stabilize the hill. We wanted to plant low maintenance bushes and flowers to give a natural look uithout letting it go wild. We wanted to comply with the hardcover restrictions to create an environment where runoff could percolate and filter throu^ the hill before entering the lake. My contractor called to check with the city and was told that outcroppings, as opposed to walls, were not considered hardcover. In discussion with the city inspector he said "this is the type of material we should be encouraging residents to use because of the natural look and the ability to abso^ water under the boulders”. We have received no complaints from any of our neighbors regarding any of this construction. The neighbor to our north said, “This is the best investment I didn’t have to make”. On our south side, the neighbor said “you have done the most beautiful job with your landscaping I could imagine, it is breathtaking”. Request We are seeking variances in three areas as follows: Line of site. The main part of the deck is well within the line of site regulations. There is a lower portion of the deck that e.\tends out on the North side of the main deck at or near ground level. The front portions extend about 4 feet in front of the line created beriveen my neighbors on either side, but within the line of site if we look tw o houses down on either side. The area in question provides a seating area totally out of view from the neighbors to the North due to dense tree cover between the houses. Both neighbors have elevated decks and our near ground level deck doesn’t infringe on their line of site in any way. This area was put in because the main part of the deck is too nanow to accommodate a table. Hardcover 75-250 range. We have designed our landscaping plan to accomplish as much reduction of hardcover as is physically possible. We have reduced the over^l hardcover from 42.55% to 39.82% as a result of those efforts. The efforts included, eliminating 133 sq. ft. of driveway space, removing plastic under all rocked and landscaped areas and replacing them with natural mulch, eliminating one wall of railroad ties and replacing other walls with more environmental friendly boulders, breaking out a concrete ramp that led to a basement walkout, and replacing it with a much smaller cellar door under the main deck and looking for further reductions with eveiy modification we make. Much of our hardcover in this range is made up of slotted deck, which at least allow s indirect absorption of water. Our hardcover challenge is presening an older home with a detached garage and driveway within the 250-foot mark. We seriously considered tearing down this old landmark and constructing a new, modem home with all the conveniences of an attached garage and a real basement. Had we done so we could have easily met hardcover requirements within our 120 ’ x 350 ’ lot. We decided that we would “put up with” some inconv eniences to retain the charm and beauty of this old place and we did not have the heart to let our home be one more casualty on the lake. It docs howev er, present us an impossible task of getting within the prescribed hardcover limits. ft (Zj 'O' r Page 3 August 18,1998 Conditional use permit fnr fradinf within 0-75ft ranje We arc also requesting a conditional use permit for grading changes to the hill in the 0-75ft area. We have, as stated above, used boulder outcroppings to support the hill, without creating walls. The plantings, as the grow, will cover a substantial amount of the boulders creating a natural looking finish. My understanding is that individual boulder or outcroppings of boulders are not considered hardcover. In our initial discussions with the city it was determined t^t the use of boulders according to our supplied plan, was within the guidelines for adding material to the hill. The city personnel later came to the site, viewed the hill and determined a conditional use permit would be necessary. The slope of the hill is essentially the same as it was before. The boulders will allow us to fix a worsening erosion problem and slow the water running down the hill. It will also provide for natural looking plantings that can be maintained safely. Your approval for these variances and conditional use permits will allow us to restore the outside of the home to it’s original charm. Thank you for your consideration. Sincerely, Kevin and Pat Kennefick Home Owners #241 1 J CITYof ORONO Municipal OfJIccs Strait Addrass: 27S0 Kelley Parimay Orono, MN SS356 Halllag Addrass: P.O. Box 66 Crystal Bay, MN S5323-0066 Mr. Terry Sanders Natural Environments Corp. 1110 Evergreen Lane Plymouth, Minnesota 55441 Re: Work Without Building Permits Dear Mr. Sanders: On June 24,1998 this office notified you of the requirement for a variance/conditional use permit for a deck and shoreline work that has been completed at 3241 Casco Point Circle. As of tlus date, an application has not been received. As this is an after-the-fact situation, the City must require you to remove the deck and restore the lakeshore bank to its original condition or if you feel you can demonstrate a hardship, you can apply for a variance and a conditional use permit. A deadline of August 10,1998 has been established for removal and restoration or submittd of variance and conditional use application and required submittals. If this deadline is not met, the City will initiate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, Lyre Oman Building Official LO/ch Enc. Variance/Conditional Use Permit Application cc: Kevin Kennefich, 3241 Casco Circle, Wayzata, MN 55391 Bruce L. Vang, Field Inspector Elizabeth Van Zomeren, City Planner/Zoning Administrator Paul Weinberger, Asst. Zoning Administrator Telephone (612) 473-7357 • FAX47M510 ' CERTIFICATE OF SURVEY FOR' i NATURAL ENVIRONMENTS CORP;OF LOTS 16 & 17 AND VACATED STREET. SPRING PARK HENNEPIN COUNTY. MINNESOTA I i IM 16117. SPmHO PMK AiSO M p«i of vocatoi lafto Snoro Atmo md ftm irad of land hrwg baf»aan taid vacaiad A«arM and iaA-% MnnaiorM fca aatwaan tia aaaiwir a«>ana<nt of »«a northany laia of *aid loi 16 and »«a tAMviy knaofMloil7 TN« nrvOy Mandi la «na» tna bo«^«aar<«i ef in« oae>« dMcrted pTiparlir and Ifa anatinf hawM inartan a daaa nal aiaaaat la iAa« any at*wr inaia»a»aMi» or iI la iAa» any at*wr anpravorrioMia or ont»eacAn<aMo a Oaaad i«an an aaakanad daltan danalaa ran m^kor aai danaloa ran rnaraar foirid 10 ■pH OJ *«air T>^ * and a<Uaaa (a a ~aafaro' #a*««a aaaad «aan a«r>ar a ra ta «a 1^ la far canaa »aar» ai^paaro ^ty t f r: i 9- CERTIFICATE OF SURVEY FOR NATURAL ENVIRONMENTS CORP.OF LOTS 16 & 17 AND VACATED STREET. SPRING PARK HENNEPIN COUNTY. MINNESOTA toueu 5^ \« / *v \ex 1X3 \ % \ \ *5:, •% .yA t X Lwiat Q<»enB>on teirsnildTttMr^* r>M M««)r ««t«ndi t« #«• tfi« boundar>«« •/ U«« abo«c d»»cy<)»d »••• —* »? •• < K»fc».W- l»M« « «M •« POorl la aha« •*» av«r >rpra>«>mwu ar #Mcraac*«««w*tt \ 6agr»«f« gha«n ara aaMd i«an an a* a : #»«alaa iran inv%ar »al a . danalaa #«n m«««r faiaid «un«a datian t 1 V, % $ < •? >jQ 1®=»{ : ci? =»fc NAi i. J J MtiAJ 1 » HARDCOVER CALCULATION WORKSHEET •^nS/iS Arr.. SETBACK ZONE: (CIRCLE ONE)75-250’250-500-500-1000’ FXISTING HARDCOVER IN ZONE A. Thrasr 14-a Lcnjih Width X X X. B. _________ C. Driveway • *' ‘ ^ ‘X X D. Sidewalk sr$f^ E. Patio/Deck 22 X X X X F. Landscape Underlain By Plastic 0e.icjd G. Other X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ?7S -i- B 3700 ?7S 8700 X 100 =//.2/ PROPdSFn HARDCOVER IN ZQhfE A. House Lcrijih Width •• • A • •X X B. Garage' C. Driveway X X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X s ss 0. Other TOTAL HARDCOVER IN ZONE, TOTAL PROPERTY AREA IN ZONE •i- B X 100 S.F. S.F. S.F. S.F. S.F. _____ S.F. V T" S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B S.F. S.Fi S.F. S.F. S.F. inQy 1 S.F. ETJjSHEi S.F. S.F. S.F. S.F. S.F. —••'-Vi ri- Ji-* • - a: •0 S.F. S.F. S.F.ife S.F. S.F. S.F. % A B fV/i ^ (. cNt* HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-25 250-500’• 500-1000' fXlSTlNC.-HARDCOVER IN ZONE .A. House ________________ZZ^S7 S.F. Len|ih Width 0ooCi>6fU>3 O *-T60. STOt^e^ X X X /O^O Z7 S.F. S.F. S.F. B. Garage S3J S.F. srePS C. Driveway X X f97B S.F. S.F. D. Sidewalk So uu>ee. viAtus ^AAACf X X 73^ Z4o S.F. S.F. E. Paiio/Dcck S7AK>€t. X • 30 S£>S S.F. S.F. zs. 34- X X X AT U 30 /7^ S.F. S.F. S.F. V\fklX5 G. Oiher (ttofu^ ffetcTkS t,o U4- Hl £L •• TOTAL HARDCOVER IN ZONE 8004 S.F. S.F.A' TOTAL PROPERTY AREA IN ZONE •3P/ O O.S.F.B A S004 ^B ^iOO . X 100 =1.5t PROPOSED HARDCOVER IN ZOINTE A. House X Z1 • _ S.F.icS -tj • • • Lcri)|ih X Width S.F.1 X • • • *• •“ S.F. •sX SS I S.F.'i 5 B.Garage'X • 25 _ S.F. C.Driveway ______ X S.F. • r.*'*.i- V .• * i X =“ S.F. D. • Sidewalk • X s-S.F.V) i ^ f' X =~ S.F. E.Pacio/Deck X mm • m •• • ...S.F.■i'pX•I S.F. P •• •• •.• -F.-Landscape • ----- • X •ss>• • • •S.F.• Underlain X _____ =S.F. By Plastic Other X _____ B _ S.F. 0.X ss _ S.F. • TOTAL HARDCOVER IN ZONE m S.F.A TOTAL Property area in zone m ~ S.F.B A 4-B X iOO «• % A/AsT’U HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE) 0-75’75-250'250.500’500.1000’ PXl<sTlNG HARDCOVER IN ZONE A. House _____________ Lcn|ih Width X X X B. Garage C. Driveway V X X 4-77 v D. Sidewalk X- X E. Patio/Deck X X F. Lanc^cape Underlain By Plaslic er X X X G. -Othef^higs gft I 30 • •• • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X 100 12^ PROPOSED HARDCOVER IN ZONE A. House Lcn|(h Width ‘ 'X s. ” X B. C. Garage' Driveway X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X 100 • m * • • I 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 S.F. S.F. S.F. S.F.10 S.F. S.F. S.F. s.F. It I S.F. X ^ • • •• S.F. S.F. _ S.F. S.F. S.F. S.F. % A B aim-—-.iu ylFrt^ Z2S7 •S.F.' Zo S.F. J03 S.F. _ 7h S.F. sn S.F. 3^0.................. S.F. . S.F. 3//S.F. /o €>■ S.F. 4^0 7<^z - S.F. . 7^4 S.F. i,^5 __32/S.F. 80 S.F. S.F./a S.F. • • • 8SS3 S.F. ^0.1 do S.F. ^2.S5 % S.F. Kevin Kcnncfick 3241 Casco Circle Orono, Mn LANDSCAPING PLAN 1234 5 6 7 I 9 10 II 12 13 14 15 16 V Sionccrop BhiMMi SicflaOiOro Cm4)1 uB ConlMPMoa KoOyliock C^flcrcd BdMIootr t* « 0 19 20 21 22 2^ 24 25 26 S M 27 21 29 30 Cm 31 32 33 V Moonbeam Coteoptia BirtfMcai Spnic* Spraadmf Yew 9MGwHy4rai^ JapawoH IU4 Leaf Various koM Colorado Blue Spruce Welda Juniper Japifieic WlMe Spra KuttiaaSaie Delphimufn FoufMain Grui Faaiber Read Grass Fofi)fihia Siberian Iris AuflrianFine Wfton Blue Rug CunaonFigmy Linle Princess Spirts R«6 Carpel Slonecrop American Compaa V%un F^LearSanddisrvy Rad Mgged Dogwood Tsebny Globe Gold Moss Sionacrop F«kapir« Crib Tree Agio Rhododendron Crown Veicb ilil•1 il il il il il iS ir *7 ir il 4* 47 ir ir il il il so­ il 4* iS ir ir il il ir 30- 30- ir ii j.r ir i3 il 34 35 •p 36 37 B O 39 39 A 7 QebeBo ------i- ___JO Carol MacbeDapbne MugboPint •laiei Plows/ vpngm Vew EuonywusAniftt 7 il il 3* 3flr il«»• il so­ iln is- : 1 RUN DATE 08/11/98BATCH 511 PROf ADDR ONHER NAME TAXPAYER NAHE/ADDR PROP ADDR ONHER HAHE TAXPAYER HANE/ADDR PROP ADDR ONHER HAHE TAXPAYER HAHE/ADDR S8 20-117-23 A3 0009 032A7 CASCO CIR KURT CARLSON 8 NIFE KURT I LUCILLE CARLSON 3297 CASCO CIR NAYZATA HN 55391 38 20-117-23 A3 OOIA 03235 CASCO CIR S D SILUS EEC SILUS STEPHEN SILUS I ELAINE SILUS 3235 CASCO CIR NAYZATA HN 55391 38 20-117-23 A3 0050 032A1 CASCO CIR K T i P A KENNEFICK KEVIN T/PATRICIA A KENNEFICK 32A1.CASCO CIR NAYZATA HH 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST38 20-117-23 A3 0010 032A3 CASCO CIR JAMES H RICHARDS I NIFE JAMES H RICHARDS 32A3 CASCO CIRCLE NAYZATA HN 55391 38 20-117-23 A3 0015 03233 CASCO CIR O H SPILSETH 8 P D SPILSETH DAVID H SPILSETH 3233 CASCO CIRCLE NAYZATA HN 55391 REPORT NO. PIA35A01 PAGE lA38 20-117-23 A3 0013 03237 CASCO CIR 6 NASIEDLAK 8 H HASIEDLAX 6 NASIEDLAK 8 H NASIEDLAK 3237 CASCO CIR NAYZATA HN ' 55391 38 20-117-23 A3 0031 00038 ADDRESS L94ASSIGNED THE CASCO CO THE CASCO COMPANY ROf^^RT 0 HACHIE 313. ASCO CIR NAYZATA HN 55391 TOTAL BATCH 511 00007 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATIONi TO THE BEST OF MY KNONLEDGE AND BELIEF.a Jl A if fw DATE ( 1 .Ay JL A. STREET FILE PERMIT RECORD PERMIT NO. ^nL DATE TY 7- /7-7^ PE OF PERMIT /,U^4fl3\~'^KJLil3^A/-''TC^'fr^PJ f_/0 3'7i; ---------------------- ^ ------------------------------ 7*ao- 7 ?’ /• ^ v 7-i'- ^ 7 J:^7 . <4-n 74 Py/? ^>/tAJL^ - — oL> y-jLO' 9'^Qjp-J- ‘ . i'M,/')-.? 'IL A ‘ ^ -* / u~Lj-.//.'r\ / y / ^/j-7^/3 >< - 51'7 e«,.•3_433. (f A-//-3.A 4311 L-3 '4^ 45CJ3.^■4-4 j. S e/-i-7- 7-73 /i. - L>G>S ‘n ^ XT 915°i <3-(o-91--tj—^-----»---------- ^/?3 V 0.07- 7/ ‘1‘1'SO ID /OO tc .3 9n j. n~ fs 3- 3-<fy 3f % S.:,^. n i \ \ i « L COUNCIL Mt-TIN 3 Application Date: 8/19/98 Completion Date: 8/19/98 60 Day Deadline: 10/18/98 SEP 2 8 CriY Ov C-BONO REQUEST FOR COUNCIL ACTION DATE: 9/23/98 ITEM NO.: / 0 Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2418 Robert Lund on behalf of Graydon and Michelle Newman 1655 Bohn’s Point Road Variances-Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:70,881 square feet (1.62 acres) Application: The applicants have proposed to construct a new residence with a pool terrace on the property meeting all yard requirements. The house would be located 91' from the lakeshore, encroaching 88' into the average lakeshore setback. The edge of the pool terrace would be located 114' from the lakeshore, encroaching 44' into the average lakeshore setback. A variance is required from the average lakeshore setback to allow for these structures. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. Last year the applicants received variances from the average lakeshore setback and hardcover to construct a new home. The applicants are requesting to maintain the 26.7% hardcover allowed in the 75-250' setback although the site plan has changed slightly. They have downsized the driveway and have modified the house footprint, also they have added a pool. This application requires the following variances: 1. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback. 2. Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover that was approved last year. They also plan to remove a play house that is located within a required side yard setback. 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. 4 LJTT.X* r W-' r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C) (6); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2418 WHEREAS, Graydon Ne^^^nan and Michelle Newman (hereinafter "the applicants") are owners of the property located at 1655 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, Auditor ’s Subdivision No. 349, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average lakeshore setback and a pool to encroach 44’ into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 26.7% hardcover in the 75-250' lakeshore setback area where 25% is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 4 r 3. 5. 6. FINDINGS 1. This application was reviewed as Zoning File #2418. 2. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District. The Planning Commission reviewed this application on September 21, 1998, and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The lot meets size and yard setback requirements. B. The zoning lot is located on a peninsula and is irregular in shape. C. Variances were previously granted for hardcover and average lakeshore setback. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this appiM .'.tion including the findings and recommendations of the Planning Commissitv?., crorts by City staff, comments by the applicants and the effect of the prcwosei. .oriance 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, Subdi' ijiion 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average I ‘Page 2 of 4 lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 26.7% hardcover in the 75-250' lakeshore setback area where 25% is normally allowed. Approval was subject to the following conditions; 1. No additional hardcover shall be allowed in the 75-250' lakeshore setback. 2. 3. 4. Authorities granted by this variance run with the property not wth 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 (September 28, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owncr(s) Page 3 of 4 i r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk »f of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN On this ss. ) day of , 199___, before me a Notary Public within and for said County, personally appeared known to me to be the pcrson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN On this ss. ) day of , 199___, before me a Notary Public within and for said County, personally appe^ed 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 > . ! i CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2418 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; September 23. 1998 TO: Graydon and Michelle Newman 1655 Bohn's Point Road Wayzata MN 55391 COPIES: Robert Lund 4829 East Lake Harriet Pkwy Minneapolis MN 55409 TYPE OF APPLICATION: Variance VOTE: 6 FOR 0 AGAINSTDATE OF MEETING; 09/22/98 Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: No additional hardcover would be allowed on the lot. Applicant's next scheduled meeting is confirmed as: City Council September 28, 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. 'V TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator August 16, 1998 SUBJECT: #2418 Robert Lund on behalf of Graydon and Michelle Newman 1655 Bohn's Point Road Variances—Public Hearing Zoning District: LR-IB One Family Rural Residential District (1 Acre) Lot Area:Irregular Application: The applicants have proposed to construct a new residence with a pool terrace on the property meeting all yard requirements. The house would be located 9T fiom the lakeshore, encroaching 88' into the average lakeshore setback. The edge of the pool terrace would be located 114' from the lakeshore, encroaching 44' into the average lakeshore setback. A variance is required from the average lakeshore setback requirement for these structures. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. Last year the applicants received variances from the average lakeshore setback and hardcover to construct a new home. The applicants are requesting to maintain the 26.7% hardcover allowed in the 75-250' setback although the site plan has changed. They have downsized the driveway and have a new house footprint, also they have added a pool. This application requires the following variances: 1 . Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback. 2. Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover that was approved last year. They also plan to remove a play house that is located within a required side yard setback. Lot History: In July 1997 the City Council adopted Resolution No. 3939 allowing an Average Lakeshore Setback variance that would allow a new residence to be constructed on the lot. The proposed house would have been approximately 1 O' closer to the lake than the new plan. M2420 Robert C. Ry an Jr. 3535 Christine Drive Variance 9/21/98 Page I The resolution also approved variances to allow hardcover of 12.3% in the 0-75’ setback and a variance to allow 26.7% hardcover in the 75-250’ setback. The applicants v^dsh to maintain the 12.3% existing hardcover in the 0-75’ setback to include a deck, walkway, retaining wall and stone block. Previous variances have been approved on Octob^^r 9, 1995 (Resolution No. 3618) for the property to allow hardcover for co.'jcrcie walks and retaining walls along the lakeshore. A condition^ use permit was granted at that time to allow filling and grading to stabilize the lakeshore. The applicant does not intend to make any changes^vithinJhe^O^TSMakeshore^se tback^^^^^^^^^^^^^^^^^^^ Pertinent Ordinances: . Section iO.56, Subd. 16(C)(6): Average Lakeshore Setback • Section 10.22, Subd. 1(B): Average Lakeshore Setback • Section 10.56, Subd. 16(L)(2): Hardcover Regulations • Section 10.22, Subd. 2: Hardcover Regulations ^2419 Graydon and Michelle Newman 1655 Bohn*s Point Road Variances 9/21/98 Page! Lot Area and Yards ANALYSIS LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140'75'10'35' The property does meet lot area and width requirements for the LR-IB zoning district. However, the house and pool structure would not meet the required Average Lakeshore Setback. The residence would encroach 88' and the pool terrace would encroach 44'. The pool terrace would not be located closer to the lake than the principal residence. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75'25,360 s.f.3,120 s.f (12.3*/o) none (0%) 3,120 s.f (12.3%) none 75-250'43,400 s.f 11,606 s.f (26.7%) 10,850 s.f (25%) 11,605 s.f (26.7%) 1.7% as was approved 7/28/97, per changes submitted 8/22/98 The applicants have requested a variance to maintain the 11,605 s.f. of hardcover they were allowed last year. The applicants have proposed to remove portions of the driveway and an accessory building located within a required side yard setback to add a gazebo to the lakeside of the home and a pool. A building permit has been issued and the foundation installed for the house. At the time of this report the main floor of the home construction has begun. The applicants have not applied for a building permit to construct the pool at this time. B2419 Graytlon and Michelle Seuman 1655 Bohn*s Point Road I'artances 9/2 im PageZ r Structural Coverage The lot does not exceed the allowed lot coverage of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit B. 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 applicants have begun constniction of the home as per the approved hardcover and average lakeshore setback. As a result of obtaining a building permit within one year of the variance approval they can utilize the 26.7% hardcover for the plan as presented in Zoning Application #2265. The new site plan would require an average lakeshore setback variance to allow the revised house plan and the pool. A hardcover variance would have to be approved to allow the construction of the pool. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's sight lines are not affected by placing the home closer to the lake than the Average Lakeshore Setback. The setback line is pushed back on the lot as a result of being located on a peninsula. The hardcover variance for the same amount of hardcover was approved last year, but the plan change to allow a pool would require another variance. It should be noted the lot is pie shaped limiting the land located within the 75-250' setback. 3. The variance, if granted, will not alter the essential character of the locality. U2419 Graydon and MichetU Sewmun i65S Bohn*s Point Road yartances 9/21/93 Page A 4. The variance would not change the locality. The property would be used as a single family residential lot with a swimming pool as a permitted accessory structure. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. 5. 6. 7. 8. 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 pei son’s land is located. The use of the property would remain residential, which is consistent with the zoning. A swimming pool is allowed as an accessory structure in the zoning district. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining projjerty. The lot is located on Bohn's Point. The properties do not entirely face the same direction. The subject property is located on a curve creating a lakeshore view to the southwest. The easterly property would have a lakeshore view to the south. The topography of the land and vegetation also creates a visual barrier between all affected lots. The applicant ’s lot is pie shaped resulting in the 75-250 ’ setback not being representative for an average lot in the zoning district. The conditions do not apply generally to other land or structures in the distnct in which said land is located. The lots are located on a point resulting in an Average Lakeshore Setback line being pushed towards the back of the applicant's property. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applic.uits ar-* exceeding the lakeshore setback by approximately 44’. The proposed location of tl e stj ucture on the property was approved as part of the variances last year. The applicant is requesting trading approved hardcover fix>m the driveway for a swimming pool. 9. The granting of the proposed variance will not in any way impair health, safety. U24I9 Croydon and SVichtlU AVuimi/i 1655 Bohn*s Point Road Variances 9/2//9S Page 5 V » comfort, morals, or in any other respect be contrary to the intent of the Zoning Code, The granting of variances would not be a public hazard or contrary to the intent of the Zoning Code. 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 applicant's have demonstrated a hardship by the location of the lot on a point affecting the location of the Average Lakeshore Setback. It has also been demonstrated there would be minimal visual impact on the neighborhood. Issues 1.The applicants are requesting a variance .*om Average Lakeshore Setback requirements to allow a slight plan change to the residence and adding a swimming pool on the north side of the property. 2. The lots are not consistent in the direction they face the lake. 3. 4. All lot requirements would be met by the proposal. On July 28, 1997 the City Council issued a variance from allowed hardcover in the 75- 250’ lakeshore setback to allow the construction of a new residence with additional driveway space. The new proposal would permit trading hardcover from the driveway for the swimming pool. 5.As a conditional of the approval for hardcover of 26.7% in the 75-250' setback the applicants would remove a structure that encroaches into the side yard setback. 6. The property contains a small guest house that would remain on the property. STAFF RECOMMENDATION Staff recommends approval of the variance from Average Lakeshore Setback requirements based on prior approvals for average lakeshore setback and to allow hardcover of 26.7%. U2419 Croydon and Michelle AVmww/i 1655 Bohn*s Point Road Variances 9/21/98 Paget Attachments A B C D E F G H I J K L Application Statement of Hardship Plat Map Location Map Survey/Site Plan Hardcover Calculations Approved Site Plan Minutes from the 7/28/97 City Council Meeting Resolution No. 3939 Property Owners List Permit Record for 1655 Bohns Point Road Resolution No. 3618 ^2419 Graydon and Michelle Sewman 1655 Bohn's Point Road Variances 9/21/98 Page! 1 I II L A • < Application # Date Received .Amount Pjud. CITY OF ORONO - VARIANCE APPLICATION .Initial Application Fee S250.00 ($50.00 per each additional variance) Renewal Variance Fee $15000. (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address_____Bnhn*g Pnint- Rnad Property Identification Number (P.I.D.) 1711723110002 Attach legal description to application if not included on required survey. Date Property Acquired,(month/year) i (do) also own the adjacent parcels of land. Present use of property: x residentisJ____other (specify). Zoning District: LR-IB___________________________— APPLICANT Name Robert Lund (Architect) Address:4829 E. Lk. Harriet Pkwv Phone (horne d f 612) 927-0379 _____ Phonefwoiy ) f61 2) 927-Q68Q City: MpIs___________Zip: 55409 OWNER (if different than applicant) Phone (home)(612) 471-879.1_ Name Gravdon K. a M. Phone (work)—(^12)^ Address: 16SS Bohn's Point Road City: Wayzata ---------------Zip:_SSH2----- DESCRIPTION OF REQUEST Estimated Construction Cost $ 1,200,000 Describe rfequest in detail: See attached sheet____----------------------- (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ___Lot Width ‘ t;. ' '^•1 n ^•1r-j,v X Hardcover Lot Coverage ’Setback:Front Side Rear * Average Lakeshore A Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COIWIl iONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:______ (attach additional sheets if necessary) r B g , I c r\ r—N— i \ t \ \ \ \ \ \ \ \ \ \ iOo EHHM ST 5CHHBTm£ o« 5 * BATS I BATS DE RD ^ • w •>FOX hauhn •• I 15 foilRSET 0 moROjjSKMu « |uA-^ O Ml line »•••••• WMnE *»$]e w •* 400 FOX *-*-• -‘•T • r ^ \'^i^:^^Nort. I r.::;:«».-.-VV - V \V • ^ ^*0 *000 « *r. rjsst li0WEw),«\AVE 3AV >r y ^n j '4 / w' i ^ * • » • * .4 >->v >C** i / «.;v-t T.V. iTV • r c«( tST irS*^':5. « •i ••'•r.>4 ’I '. • •• ^Fomj • • •li V viv •*: \v.‘ M \ROMn/s- t ' . ^ - • )RONO irm >T'* -* .. */ .; • .V. . \U -<.V .:^' ^•‘■<- -'.:.v > o r:r»rv:::;-^I;v/ U- \ -- ,, Vc;*. Cfystal ** J f,;iC-SoAnj.Wnf •^^>i -/^:. .?-■> .* 'I.'- '•> VI.<;r* >« • • • ^ •■V • # '•< 3Lf i ;-« .«• 0 •;%.♦ 4 ^ *. V >vr wv :. /^ 'V • M*f.*. :*. : ' .v-. Crystal Bay • • • *. ^ f • »„ w * ,• w »; 3' c- .•. r--** Lihyet i I4 • ?-A ./ •. i »* k • . • / .* -. -Vt.-i .. , ragernas Point.'. i-woimjB aTj^^/y ^^‘■^BUOOi ■ ••a -^' IICKSOM AVE 10 RD o seoAi "“on"!LTMC ■mBBACMQII Spring • V ^ .* \SL^^ .* R/UNNETONKA > . ^ • ‘ . A • i* ^V- • • - _^ _ «^ C-. •- • •«•• . I T5^ rMpwCTn ITOUl ’V/ ' '' 'V I I !i .1 I^i!5i ^ Ih lii li I h i:I ” lil 'S S»+c =X I I-w h. 'ja& I j HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE)L 0-75'75-250'250-500' EXISTING HARDCOVER IN ZONE A. Hgl Bq 7 3__________6. S Wellhouse . ^®"***'Width X X X B. Garage C. Driveway X X fro^hSuse X300 OonG• sftoiT0 E. Patio/Deck 17 Pai-ir. 110 nor*y X X F. Landicape Underlain By Plastic X X X G. Other in*^n g^ong> cone? walls. 96 stone stair TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •^1 ________ -f* B X 100 = PROPOSED HARDCOVER IN ZONE A. _____________X Wellhouse Length X X X B. Garage C. Drivewa-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 TOT\L PROPERTY AREA IN ZONE 3120 B 25360 T 100 = 500-1000'\ 1837 122 1126 •^1 1837 110 i20 S.F.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. 25360 S.F. 12.3____% 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. 9^3fin S.F. 12.3 % i»tia :. •*. ♦ A B A B r HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE . - A. House X Playhouse G 75-250’250-500’500-1000’ Length Width X X X B. Garage inc. w/house C. Driveway _____________X X D. Sidewalk 2Q0ftinder •hrellig) 96 (walk tiQ lake^ _________ • • • , E. PaUo/Deck 720 (deck) x 684 (patio & x ____________ attached deck) F. Landscape _____________ x ' _________ Underlain _____________ x _________ By Plastic _____________ x _________ 90(block retaining wall) G. Other 144 (stoop Q fron^ brick wall' TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 11,606 + B 43,400 X 100 PROPOSED HARDCOVER IN ZONE A. House Length Width X X X B. Garage inc. w/house C. Driveway _____________ D. Sidewalk 96.5 X X X X E. Patio/Deck 24 (pergola) x X F. Landscape 30 (ret, wali) Underlsdn _____________ By Plastic _____________ X X X O. Other Pool & deck TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 11,605 + B 43,4 0 0 x 100 « 3210 112 5690 1404 234 11r606 4*^, 4nn 2677 5922 96.5 1059 11.605 F 2oU 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. 4473.5 . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B • • •••• M #••► • »•• «•«« « • • •« »«•!• «' I • » M- #« • . • •• •♦••'• •* «*•«#.« »• •* *«•## * «««»• ^ % CERTIFICATE OF SURVEY • nniiriv ■ OMri I V ntwman 1£7;K: “• •M ••(••• ’» VI.; >»r*r r: •r.i’u?.; •• ~•• # C A M 09 ■I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28,1997 ( #10. - #2261 - Tony Eiden Company - Continued) Van Zomeren reviewed the plat for the property. She indicated that the appliczint is the developer of the property currently under purchase agreement from Thomas Meyer. The 1.77 acre property is located in the LR-IA Zoning District, which requires 2 acres. Van Zomeren said she believes there is enough space on the property for a building pad that would meet all required setbacks. The Planning Commission unanimously recommended approval. Staff recommended approval or amendment of the resolution. Jabbour moved, Goetten seconded, to approve Resolution No. 3937. Peterson asked about the proposed structure and its relationship to the Luce Line and Staffs recommendation. Van Zomeren said she would preferred to have seen the building plan but the size of the lot is adequate. Jabbour amended his motion, Goetten seconded, to include no further variances will be allowed. Vote: Ayes 5, Nays 0. (*#11) #2262 NED BUTTERFIELD, 3745 WATERTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3938 Goetten moved, Peterson seconded, to adopt Resolution No. 3938. Vote: Ayes 5, Nays 0. (#12) #2265 ROBERT LUND FOR GRAYDON K. AND hHCHELLE M. NEWMAN, 1655 BOHNS POINT ROAD - VARIANCES - RESOLUTION NO. 3939 Architect, Robert Lund, represented the applicants. Van Zomeren reported that the request is for average lakeshore setback variance and hardcover variances in the 0-75' and 75-250', which would remain consistent with current percentages. The property owners plan to remove an existing residence and construct a new residence. The property is on a pie-shapej, lot which is the reason for 8 H ! MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28,1997 ( #12. - #2265 Robert Lund for Graydon K. & M ~helle M. Newman - Continued) the average lakeshore setback request. The adjacent residences are behind the proposed structure. The proposed structure would be more than 100' from the lakeshore. Goetten asked for more visual details of the property. The 12.3% hardcover in the 0-75' setback was clarified. Goetten had questioned whether the Planning Commission had discussed any removals in that area. Van Zomeren said there is currently 3132 s.f. of hardcover in the 0-75’ and is proposed at 3120 s.f. A deck platform was removed by the lakeshore to allow for approval of a prior variance request. Lund said there is 12' of terrace around the house that is being removed. Goetten noted that the packet did not include any information regarding what was included in the 12.5% of hardcover. Gaffron reported that the hardcover includes a deck, walkway, retaining wall and terrace area and stone block. Jabbour asked if it exists now. Gaffron said some was taken out and a different walkway mstalled. Lund said the walkway consists of broken up rubble. Jabbour noted the explanation why a seawall was required during the last discussion of the property. Jabbour said the existing structure includes riprap and a retaining wall. Gaffron said this was not an issue from Staffs viewpoint. Goetten moved, Peterson seconded, to adopt Resolution No. 3939. Vote: Ayes 5, Nays 0. (*#13) #2266 RONALD AND ROBIN HOHRMAN, 190 CYGNET PLACE - VARIANCE - RESOLUTION NO. 3940 Goetten moved, Peterson seconded, to adopt Resolution No. 3940. Vote: Ayes 5, Nays 0. CITYof ORONO m RESOLUTION OF THE CITY COUNCIL Mn 3 939 ^ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 and SECTION 10.24, SUBDIVISION 5 FILE ##2265 WHEREAS, Graydon K. Newman and Michelle M. Newman appUcants") are owners of the property located at 1655 Bohns Pomt Road wtthm the City of Orono (hereinafter "City”) and legally described as follows: Lot 6, Block 1. Auditor ’s Subdivision No. 349. Hennepm County, Minnesota (hereinafter "the property"); and WHEREAS the applicants have applied to the City for a variance from Municipal Zonl^S^rim 10^22. Subdivision^, and 2 and 5 to allow remval of an existing residence to construct f f m sq hardcover in the 0-75’ lakeshore setback where 3,132 sq. ft. tothoreie^^^^ ft (12 3%) is proposed where none is allowed; hardcover in the 75 inR25 ^v^.ere 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ^26.8%) is prop^^^^^^ sq. ft. (25%) is allowed; average lakeshore setback to locate belnnd the 7 a ahead of the average lakeshore setback where approximately 130 is required. Minnesota: NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2265. The property is located in the LR-IB. where the minimum lot area requirement is 1 acre. Page 1 of ^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3^39 • 3.The Orono Planning Commission reviewed this application on July 21, 1997, and recommended unanimous approval of the proposed variances based upon the following unique findings and hardships: A. The zoning lot meets the minimum lot area requirements. B. The zoning lot is located on a peninsula is irregular in shape. C. There are mature trees on the lot that the property owner wants to preserve. D. Variances were previously granted for hardcover to change the shoreline where there is steep topography. ^ 4. 5. The City Council finds that the conditions existing on this propert}' are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the pioposed variance on the health, safety and welfare of the community. m * CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setback and hardcover variances in the 0-75’ and 75-250' lakeshore setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision 5 to permit removal of an existing residence to allow construction of a new residence ahead of the average lakeshore setback and behind the 75' lakeshore setback, subject to the following conditions; Page 2 of ^ A CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 3 9 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 (July 28, 1998). 2.Violation of or non-compliance wth 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 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 28th day of July, 1997. ATTEST: I (/a Derechy M.-Hallin-, City Clerk L.MOC. ■5. l^*c. 'jyUJ^h >/^onM‘eL^ Property OvTier(s) ‘ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing acknowledged iefc^e me on this 28th day of July, 1997, by Gabriel Jabbour & ■Dorofliy M. Ilallin, Mayor &A5ity^Ierk of the City of Orono,a Minnesota municipal corporation and said instrument was* executed on behalf of the City. CAROLE A. HASEMAN l-l NOTARY PUBUC-MINNESOTA HBJNEPIM COUNTYncnncnnbwnii ^lity CominissloA Expires Jaa 31.2000 ^Notary Public Page 3 ofI CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^^39 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 $ . before me a Notary Public within and for said County, personally appeared I/, c A,.//. U »u.rr.V//._________ 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 .cliL STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. _______________________________19 9 y . before me a Notary Public withinard for said County, personally appeared /. U^^/han. OnAtrxejd.________ 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 (tlieir) free act and deed. y___ Notary Public CAROLE A HASEMAN notary PUBll&*flNNES01A HBWEPIN COUNTY My Cemmission EqIio Jjn. 31.2000 Page 4 of ^ RUN DATE 0a/I7/9B HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI^35401 PAGE 99 BATCH Sit PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 16-117-23 22 0002 01690 BOHNS POINT RD DID DUNLAP DAVID J t DIANE J DUNLAP 1690 BOHNS POINT RD WAYZATA HN 55391 36 16-117-23 22 0009 01720 BOHNS POINT RD D 8 S ANDERSON ET AL D 8 S ANDERSON 1720 BOHNS POINT ROAD WAYZATA NN 55391 38 16-117-23 22 0006 01725 BOHNS POINT RD W L HOEFT BAD NOEFT W L HOEFT BAD HOEFT 5 WOODLAND RO EDINA HN 55929 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 17-117-23 11 0002 01655 BOHNS POINT RD 6 X NEWMAN JR 8 N M C NEWMAN 6RAYD0N K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO HN 55391 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED DBS ANDERSON ET AL PATRICK 8 KATHLEEN HALLOREN 1695 BOHNS POINT RD WAYZATA HN 55391 38 17-117-23 11 0006 01635 BOHNS POINT RD S P MOSELEY BSP MOSELEY STEPHEN P 8 SUSAN P MOSELEY 1635 BOHNS POINT RD WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 17-117-23 11 0007 01695 BOHNS POINT RD P J 8 K A HALLORAN TRUSTEES PATRICK 8 KATHLEEN HALLORAN 1695 BOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0008 00038 ADDRESS UNASSIGNED 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED G K NEWMAN JR 8 M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 6 K NEWMAN JR 8 M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 17-117-23 11 0010 00038 ADDRESS UNASSIGNED G K NEWMAN JR 8 M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0011 00038 ADDRESS UNASSIGNED G K NEWMAN JR 8 M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0012 00038 ADDRESS UNASSIGNED G K NEWMAN JR 8 M H C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 38 17-117-23 11 0013 00038 ADDRESS UNASSIGNED 6 K NEWMAN JR 8 M M C NEWMAN GRAYDON K NEWMAN JR MICHELLE M C NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 TOTAL BATCH 510 00013 M.Q>A tii Q M am PERMIT RECORD ^CJ^ilyruD P'^ I ^ . PM35401 E 49 Permit No. H'h Date " -n~Le> Tvoe of Permit _____________r/P€4^^!i.J^------ ■------------------------------------------------------------------------------------------- 5i^i4- • ’ A 7^^«? fS;^/ 6 3-6 '7340 _______Qtd/u!U^---- '7-3-^^... (1 0 jPlum hi'^n..^— / f ^---------------------- S^-&g- \b-8^ _ /^>/'0 3/^U>'^^CiAJl- ^»4 1 Qs^- —»_ >4o^4 v-X#dA fU4UMjJ _ * m /d 7^c Jcl XJ:U lu /03ih V\ .\7- /S- 7//JjiCO /fXdA^lyO>><Ji 9 "■ • ^ . • /V. g. <_ I i P 'h t i ! CITY of ORONO RESOLUTION OF THE (^TY COUNCIL NO. 88ii____ A RESOLUTION GRANTING iSSoK ii.i, sraDrasioNj. ^ SECTION 10.56, SUBDIVISION 16 (J) AND (L), and A CONDmONAL USE PERMir PER SECTION 10.03, SUBDIVISION 19 file no. 2072 legally described as: Exhibit A attached ((hereinafter the "property"); and \VHEREAS. the applicant zonin. Code Section 10.22. Subdivisions 1 f zone where no hardcover 10.56rSubdivision 16 (L) for the placemen o i0 22. Subdivision 1. Section 10.55, is normally allowed; and for a van^ce t c • . ^ork within the 0- Subdivision 8. and Section normally aUowed; and for a conditional use Minnesota: 1. NOW, THEREFORE. BE IT RESOLVED by the City CouncU of Orono. FE sT)INGS •nus application was reviewed as Zoning FUe #2072. The property is located in the LR-IB. Single FamUy Lnkeshore Residential Zoning District. peLit based upon the foUowing findings: Page 1 of 7 • •• :ono. ential :r 18, lal US2 A. B. CITY of ORONO RESOLUTION OF THE CITY COUNCIL MO 3 8 18____ SoWhSproptn^ property. Applicant's iock simUarly encroached *' reqSe^! extended and is proposed to be niove .-nroximatelv 30’ from the thereby creating an access of«‘ I^akelLre bank andexisting concrete stairway which leads down the lakeshore oanx provides access to the shoreline for the applicant. Planning Commission finds that it is poLnf^the lakeshore bank. The proposed addition of boulders adjacent to I^proUately 10-15' - additional support for the lakeshore ^ shoreline. engineering standpoint. The majority of «nd area is p ^ SiSS?,"“S. the patio blocks in place. The City CouncU has considered this ^:"d“’vaLce on the health, safety and welfare of the community. D. Page 2 of 7 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.1 8 conditions, light, air nor pose a f.re hazard or other danger to n«'ghb°"n8 orooettv would not merely serve as a convemence to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary o • preserve a substantial property right of the applicant; and would be m keeping with the spirit and intent 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 to Municipal Zoning Code Section 10,22, Subdivisions 1 and 2. Section 10.55 Subdivision 8, and Action 10 56 lubdivision 16 (L) for the constniction of a 4' wide walkway parallel to th shrreTne for a distance of approximately 30' and within the 0-75' zone where no haMcover or structure is normally allowed, and a variance to Section Subdivision 8. and Section 10.56, Subdivision 16 (1) to allow fdling and ° " likeshore setback zone where such work normally is not allowed, and grants a conditional use lietmit pet Section 10.03. Subdivision 19 for land alteration in the 0-75' lakeshore setback zon . subject to the following conditions: 1. 2. 3. 4. 5. The shoreline maintenance work including boulder wall improvement, riprap improvement and sand fill shall follow the plans submitted by the applicant landscape designer. The existing patio blocks shall be removed prior to placement of the sand layer. The platform deck shall be removed as proposed. The walkway constructed from the base of the existing concrete stairway to the new dock loccition shall not exceed a width of 4 « Applicant is advised that hardcover in the 0-75' zone shall not exceed ^ the sketch and listing attached to this resolution as Ej^bit B. that any future proposal to add hardcover in the 0-75 zone will likely nov approved but might be approved only in conjunction with the removal of equivalent or greater square footages of hardcover in that zone. Page 3 of 7 r 6. 7. 8. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 86JJ ____ Authorides granted by this resoluuon run of this resolution wiU expire on that date (October 9. 199 ). Violation of or non-compliance with automadcally irrSim ^7-"^Vd and shall be punishable as a misdemeanor. -nte undersigned appUcant has ,f <*• I^d^^sT^ SLSJ —: r ZX o1 r:7so.r or due or die property. Adopted by the Orono City Council on this 9th day or October. 1995. Edwmd J. Call^. If'. Mayor Page 4 or 7 •. f m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ft ft 1 R STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing si K iKnARYWe^lC-MINN^^^ HEHNEPIN COUNTY STATE OF MINNESOTA ) Notary Public COUNTY OF HENNEPIN ) ss. >>i ^ 199 '^1_. before me a Notary Public 2!lfci ‘aod for Mid County. Wwj!o!lts^^»“-^ .......................... I I I I |i ^ and LINDA S.VEE notary PUBLIC-MIN^SOTAiwssm Nota^ Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) day of ss. On this wi 199 . beforemealNOtary rt , oiis____________®f---------------------------H----------------■ — -iflunandforsaidCouncy persoM^^^^^^ STioregoing instrument. ^*(^ey) exited the same as his «beir) free act and deed. , before me a Notary Public and Notary Public Page 5 of 7 i • I EXHIBIT A Resolution No. 3618 Legal Description: Lot 6,*Biock 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota. t Hi (PINS No. 17-117-23 11 0002) COUNCIL Application Date: Completion Date: 60 Day Deadline: 8/19/98 8/19/98 10/18/98 5EP 2 i crrvcfORONO REQUEST FOR COUNCIL ACTION DATE: 9/23/98 ITEM NO.: / / Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2419 Robert Lund on behalf of William and Anastasia Hoeft 1725 Bohn's Point Road Variance-Public Hearing _____________ Zoning District: LR-1B One Family Lakeshore Residential District (1 Acre) Lot Area:127,382 square feet (2.92 acres) Application: The applicants have proposed to construct a new residence on the property meeting all yard requirements. The house would be located 90' from the lakeshore, but a variance is required from the average lakeshore setback requirement. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. This application requires the following variance: 1. Average Lakeshore Setback. The house would encroach 35' into the Average Lakeshore Setback and the pool terrace would encroach 40' into the Average Lakeshore Setback. Lot History: In 1995 the house located on 1665 Bohn's Point Road was demolished and the lot was combined with 1725 Bohn's Point Road creating the existing lot. In 1997 the house located on the 1725 lot was demolished. The property is currently vacant. 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. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2419 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 TO: William and Anastasia Hoeft 1630 North Ridge Dr. Medina, MN 55391 COPIES TO: Robert Lund 4829 E. Lake Harriet Parkway Minneapolis, MN 55409 TYPE OF APPLICATION: Variance DATE OF MEETING: 9/21/98 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 September 28,1998, 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\PCACnON\2419 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (6) FILE #2419 WHEREAS, William Hoeft and Anastasia Hoeft (hereinafter "the applicants ) are owners of the property located at 1725 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lots 4 and 5, Block 1. Auditor's Subdivision No. 349, Hennepin County. Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance wth Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Pjanning Commission held a pubUc hearing on September 28. 1998, at which times ^ persons desinng to be heard concerning this application were given the opportumty to speak thereon, and WHEREAS, the applicants have applied to the City for variances to Mumcipal Zoning Code Section 10.56. Subdivision 16 (C) (6) to permit the construction encroaching 35' into the average lakeshore setback wd a pool terrace encroaching 40 average lakeshore setback where no encroachment is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2419. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq.ft, is the minimum lot area. The property consists of 2.92 acres or 127,382 sq.ft. Page 1 of 4 3. 4. 5. The Planning Commission reviewed this application on September 21, 1998, and recommended approval on a vote of 6 to 0, The Planning Commission made the following findings of fact: A B. The proposed residence meets all lot and hardcover requirements. The let is located on a peninsula causing the average lakeshore setback distance to be pushed back on the lot. C.The lot faces the south whereas the adjacent lots face to the southwest and east. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 variances 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 10.56, Subdivision 16 (C) (6) to permit the construction of a residence encroaching 35’ into the average lakeshore setback and a pool terrace encroaching 40' into the average lakeshore setback where no encroachment is normally allowed. Approval was subject to the following conditions: Page 2 of 4 1 1. 2. 3. ATTEST: 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 (September 28, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of September, 1998. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of and for said county, personally appeared , 199 _before me a Notary Public within known to me to be the person(s) described in eind who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator DATE: SUBJECT: August 10, 1998 #2419 Robert Lund on behalf of William and Anastasia Hoeft 1725 Bohn's Point Road Variance-Public Hearing Zoning District: LR-1B Lot Area:127,382 One Family Lakeshore Residential District (1 Acre) square feet (2.92 acres) Application: The applicants have proposed to construct a new residence on the property meeting all yard requirements. The house would be located 90' from the lakeshore, but a variance is required from the average lakeshore setback requirements. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. This application requires the following variance: 1. Average Lakeshore Setback. The house would encroach 35' into the Average Lakeshore Setback and the pool terrace would encroach 40' into the Average Lakeshore Setback. Lot Histoiy: In 1995 the house located on 1665 Bohn's Point Road was demolished and the lot was combined with 1725 Bohn's Point Road creating the existing lot. In 1997 the house located on the 1725 lot was demolished. The property is vacant with the exception of a small building and a stepped walkway to the lakeshore located on the far Southeast comer of the lot. Pertinent Ordinances: • Section 10.56, Subd. 16(C)(6) Average Lakeshore Setback H24I9 William and Anastasia Hoeft 1 725 Bohn's Point Road Variance 9/21/98 Page I ANALYSIS T .nt Area and Yards LR-IB (1 acre) Required Lot Area 43,560 s.f. 127,382 s.f. Lot Width 140' 360' Lakeside Yard 75' 90' Side Yard 10' 83' Street Yard 35' 118' The property does meet lot area and width requirements for the LR-IB zoning district. However, the structure would not meet the required Average Lakeshore Setback. The residence would encroach 35' and the pool terrace would encroach 40'. The pool terrace would not be located closer to the lake than the principal residence. Hardcover Distance from Shoreline 0-75' 75-250' 250-500' 500-1000' Total Area in Setback 29,612 s.f 61,281.5 s.f 36,489 s.f Existing Hardcover 701.4 s.f (2.4%) 4,121 s.f (6.7%) 4,012.5 s.f Allowed Hardcover none (0%) 15320.4 s.f (25%) 10,946.7 s.f (30%) 0 (35%) Proposed Hardcover 701.4 s.f (0%) 15,320 s.f (24.9%) 1,470 s.f The applicants are not requesting any hardcover variances, Variance Requested none none none none U2419 William and Anaslasia Hoijl 1725 Bohn^s Point Road Variance 9/21/98 Page 2 Stnictural Coverage Total Lot Size 127,382.5 s.f. Total Structural Coverage Existing: 83.4 s.f. Proposed: 10,366.4 s.f. The lot does not exceed the allowed lot coverage of 15%. ANALYSIS Percentage .01% 8.1% Variance STATEMENT OF HARDSHIP The applicant ’s have included their statement of hardship in Exhibit B. The applicant should also be asked for their testimony regarding this issue. rriteria for Determining Undu e Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property would allow the construction of the home meeting the Average Lakeshore Setback requirement. Although this lot is unique as it is located on a point. The property faces directly south towards the lake. The adjacent lot to the west faces to the southwest. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property ’s sight lines are not affected by placing the home closer to the lake than the Average Lakeshore Setback. The setback line is affected by the lot to the west as the property is not located directly adjacent to the applicant ’s property. 3. The variance, if granted, will not alter the essential character of the locality. The variance would not change the locality, as the property would be used as a single family residential lot. The property was two separate lots until the homes were recently removed and the lots joined as one buildable parcel. I U2419 William and Anastasia Hoeft 1725 Bohn's Point Road Variance 9/21/98 Page 3 4. 5. 6. 7. 8. 9. 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, which is consistent with the zoning. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The lot is located on Dolm’s Point. The properties do not entirely face the same direction. The westerly property is located on a curve creating a lakeshore view to the southwest. The applicant’s property w ould have a lakeshore view to the south. The topography of the land and vegetation also creates a visual barrier between all affected lots. The conditions do not apply generally to other land or structures in the district in which said land is located. The lots are located on a point resulting in an Average Lakeshore Setback line being pushed towards the back of the applicant's property. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants are exceeding the lakeshore setback by approximately 15'. The proposed location of the structure on the property is at the elevation of other homes existing in the neighborhood. The lot rises towards the street side of the property. Placing the home higher on the lot would make the home much more visible from the lake. 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 variances would not be a public hazard or contrary to the intent of the Zoning Code. U2419 William and Anastasia Hotfl 1725 Bohn's Point Road Variance 9/21/98 Page 4 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 applicant's have demonstrated a hardship by the location of the lots on a point affecting the location of the Average Lakeshore Setback. It has also been demonstrated there would be minimal visual impact on the neighborhood. Issues 1. 2. 3. The applicants are requesting a variance from Average Lakeshore Setback requirements to allow a residence and pool terrace. The lots are not consistent in the direction they face the lake. All lot requirements would be met by the proposal. 4. The lot was recently joined with an adjacent lot following the removal of both homes. STAFF RECOMMENDATION • Staff recommends approval of the variance from Average Lakeshore Setback requirements based on the applicant's Statement of Hardship. Attachments A B C D E F G H I J K L Application Statement of Hardship Plat Map Location Map Survey/Site Plan Site Topography Site Photo Hardcover Calculations Property Owners List Exterior House Plans Permit Record for 1725 Bohns Point Road Permit Record for 1665 Bohns Point Road W-//9 William and Anastasia Hoeft / “725 Bohn*s Point Road Variance 9/21/98 Page 5 A . .. - . Application if • Date Received 8^ Amount Paid. pA, CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00.. (no change from original application) Variance for non-conforming structures ’ $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress Bohn's Point Road Property Identification Number fPJ.D.’l 1611723220006 Attach legal description to application if not included on required survey. Date Property Acquired 9/97 _____________________________(month/year) I (^)c (do not) also own die adjacent parcels of land. Present use of property: residential ____other fspccifV ) Vacant- Zoned residential Zoning District: LR-IB________________________________________________ APPLICANT Phone (home) (612) 927-0379 Name Robert Lund (Architect)________ Phonefwoik) f 61 :>) q27-Q68Q Address: 4R29 East Dc. Harrif>t- PlcvCity: .MoXs____________Zip: 55409- OWNER (if different than applicant) Name Wm. & Anastasia Hoeft Address: 1630 Northridge Dr Phone (home) (612)476-4522 _____ Phonefwbrk) (612)799-5006 City: Wayzata_________Zip: 55391 DESCRIPTION OF REQUEST Estimated Constmetion (Tost $ 1,500/000_____ Describe request in detail: Variance requested for average lalceshore setbaclc requirements._____________________^_________________ T (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: ___Lot Width Front Side Hardcover Lot Coverage -CQ'Rear X Average Lakeshor Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Please see attached she^__^____ (attach additional sheets if necessary) RLA ROBERT LUND ASSOCIATES ARCHITECTS. LTD. William and Anastasia Hoeft 1630 Northridge Drive Wayzata,MN 55391 DESCRIPTION OF REQUEST: The average lakeshore setback line through the property averages 130’ from the shoreline. We are requesting a variance from this setback line of 35’ for a portion of the main structure and a variance of 40’ from the setback line for a portion of the pool terrace. This variance would place the closest portion of the house approximately 90’ from the shoreline and the pool approximately 87’ from the shoreline. We are requesfmg this variance to keep the proposed house at approximately the same elevation as other houses on the peninsula. (See enclosed diagram). Moving the proposed dwelling landward at the lakeshore setback line would require a first floor elevation at approximately 970’, which would effectively “perch ” the house on top of die existing knoll on the property (see attached photo). The owners, by far, prefer blending with the existing neighborhood. 48J«) K.V>T HAKfUr.T l*.\HK\VAV MINNE SPOLLS .\l\ 53409 I* O no.\ » 134. WAINSCOIT. .SV I 1075 iGI2»0270>SO h'.W iOI2» <J27-0:W2 |5IC5| 537-r>r>(K> F.W. I3H>» 723*4478 B ____ s OJ c i AW (3) SUPi® \ "A\ n\/i/c0.o* MILA UJT t. •* • (UK 09a9T. amj%0x —►-cx^ne ^CSSfe BLJBV: A •■*■', •TITI > ■ .* ;*t*i*:*:*:*x»l*:<*.v.i A.Kg M^N^^TOK;?^>l i« esrp«^<^SCa|iG —_ ^_._aoi8 I ♦i /liao.o" l^SI'-' 5 ' y THOflOU^K^wcJ BWMfa taOTBIOMt eSgm oacaEDacfiwmMSZMvmui Spring n A INOlUUMf o 1 <D jOyMCKH ^/UNNETONKA iwiS^Ste* '-'I ♦ • * » c I - % • ^0 \ m 1 ► • • I .*r• -•z.-; :". *..'. r,-* -• •* •* M • »* i:EUTin:An of srniEY f tlXHLZ^ Cf.'UD iU, F *Y^I ? 3 vD HOEFT RESIDENCE - RLA ARCHITECTS, LTD. ' ♦ \- ■ '4 jS '■mm mm - - V '•'r.'’. ■• >• • ‘ ' V ^V’- - -.'V.-, • i-vV”* ■ • r-..f- • *■•>•’! *. r *• ^ ‘,-rS .■ ’-■ ^ < ■\v . ir^ • APPROXIMATE FIRST FLOOR '- HEIGHT WITHOUT VARIANCE , |RBB3i|S^R0XIMATE FIRST I- Lcr^. • F^i^:-:-r-i-GHT VVITI-I vapi.' '■ f?0p- ■^**‘-‘1-"£,•<. ^Wy.*** -.f r\ . ■’vjtiiw;rV'* US /. »li » hardcover CALCUtATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-2S0' 250-S00‘ f / f H EXISllWO TTAPn<7ovirR fN ZONT; A. House ________________X 500-1000»1.(3 Length Width X X X B. Cange C. Drive**ray X X Dl Sklewalk X ■X £. Pado/Deck X ^ ________________I wr, WAt^L^ F. Laodscape ______________ Uodcrlaia ~' ^ By Plastic / z .er C0^c, e»d/3es G. Other X X e'.?5 “tm TOTAL HARDCOVER IN ZONE total proper it area in zone X ICO PROPOSED HARPr^VER TN 7nNV A. House Lcnytti X Width X X X B. Garage C. Oriveway X X D. Sideorallc E. Paoo/Declc X X m =8 ^6- F. Di&dscapc Uoderlaln X X fi .r 0. Other X X X ise S3 total hardcover in zone total property area in zone -------------------- B X 100 SJ^. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 3 !*l S.F. 'Zf^. /r 5.P. S.F, S.F. S.F, S.F, S.F.-^A /L / 'Z-S.F.B ■■ % S.F. S.F.03S.F. •S.F. S.F. • S.F. ^ 1 S.F.? Jf • r.*;r S.F. H ■ j' i •%. _ S.F. V- ••.- '' ^ t?.<Lf 1, » I S.F. S.F. S.F. S.F. i3.4 S.F. ^0(-4 S.F. S.F. A B SETBACK ZONE; (CIRCLE ONE) 0-75’ HARDCOVER CALCULATION WORKSHEET c w 75-250'250-500*500-1C00’ PYTfrrTNG WARPCOVER IN ZONE A. House ______________ Length Width X X X B. Garage C. Driveway X X D. Sidewalk X “X E. Pado/Deck X X F.Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPER FY AREA IN ZONE Al2^\ + B <a\'L9D\,^ X 100 PROPOSED HARDCOVER IN ZONE A. House______________ 3C 1 ^igth Width B. Garage C. Driveway ______________X X D. Sidewalk X X SJ. 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 '5’S.F. % B S.F. S.F. S.F. S.F. S.F. 5 •• T1, S.F. S.F. S.F. N,. ;; J * -n S.F. E- Patio/Deck aou, > ZJ2,2, F. Landscape ^30 (x Underlain ______________ By Plastic ______________ X X S.F. S.F. S.F. S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B Cp\'Lf>l»5 X 100 S.F. S.F. /^lZ.ft/.^S.F, A B 1 I HARDCOVER CALCULATION WORKSHEET SETBACK ZOC^E: (CIRCLE ONE) 0>75’75-250’500.1000* EXTSTTNC WARPCOV1ER IN ZONE A. House __________ ■S.F. Length WiUtll X X X S.F. S.F, S.F. B. Canise C. Driveway S.F. X X 4c? S.F. S.F. D. Sidewalk X X S.F. S.F. E. Palio/Deck X X S.F. S.F. F, Landscape Uoderlain By Plastic X X X S.F. S.F. . S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE .TOTAL PROPER i‘Y AREA IN ZONE 11. . ^ -J- B ^ 4? 4 X lOO ■4 g < g ♦ ^ S.F. S.F. /i.c % PPnPO.<;FT> HARDCOVER IN ZONE A. House ________________ X S.F. Length Width X X X S.F. S.F. S.F. B. .Garage S.F. C. Driveway^X X /47<?S.F. S.F. D. Sidewalk X X S.F. S.F. E. Puio/Dcck X X 5.F. S.F. F. Landscape Uodcriain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN 20^rE 0 - B * too 4-. a S.F. S.F. % A B n o 5 tl 1 r-. t- ’■•. ‘ -n •T • %4, A B 1 1 ..••• • ”? .-.•‘a -• •— - .r • __-... •,*i*"* •*' ’ _______--------------------- ^-—— •***^ "^*,-**'^* , -**“ ..•>•4. ■*' I ^.f I I • ' * i-- ’i- •rT. 1 «/ i. -•■ ► •••' .•• ** • “ ^ * •v. .. r t *.»'*'• \ :\\ VA// .1-1. .-.,\W 's-!.- :£aiWi r* ?*,» ;1 I ^calc» i/^z« _(:£>•' ••»:•:•'•. V;-. ••ti: ••>•.•• \I.\ *. . I / ^I.i • __________ L*—••■'*’* ........... ____—.•* *^ ___' * * ."* * * I .--■—./'.7.'■"' -rx: •V* -- .•■'■■'■'!■! 'Vj ■ 'ji -.........i*,• * I . .- •• .. .. ■v! . ! ; •: ' V. ;!' . “• I t SI •-’* •* V4,-•* \ M ! • • « • •'/ T •:- % / • • *f/*\ /> X* ^$€alb: V%i-« /’.o • • • • h. IND ,Kh ? % "T ’ -•••'* • •• •' / V V^*‘ ........... - --•' ’ *• _ .fc* __. .-* r: - •• .-•- . .. ^' - - ' . •* *****••* ■ «•■• ••••’•. • V H 'T- . ■'' ,. -1 />,-,.T'/l;l'—..i'.Ml;;- »: • ^ • • • •• • ! I : . •♦■ ' * I • I • f I ^ . t s.* .* -. i• f(t- n!*v. ^i-|« '■ !l V *%. •■•■Mwii:mmimmmmmMl pri®± Z6ix.zxe^xs*j ■• ^CAue: l/;6*.-*l'. o' ^ • Permit No. PERMIT RECORD Date Tvpc of Permit iSdR ____ l~' ( ~“00 ___ '^~'=\~b(o /\0/w>rc> ^^>L7m )f^ ...... '................'■.1f).->S'r6fc-TS^ja ‘S6( , >4m?5 . 'Hc]0-tL-( A..p— • - • • ••• • ^ -• • • ■% j&iU'■ " ^-IV ' '.TP q^vyxct V jlQ - —....... UMiS^ ! • '- - - 1 •• • •iJi/TlMlkA V + •• - • SMT^V ■. •. •..................................... • ^1^5? :• •■• * 4 ' 5 3 ...• . ---------------------------------- ■■ \<'-l4L-,'j-n - 9V........• *TlC-c<3 (cJijbS~JLiA4 0 iL ^ & ‘-'.-S 7 • ' /^.?- <c s/i. o: uC-UKLi^i^ 3 -^7 4 ‘ ■' f - 0 </ ..._____________..................... y t -7^--------------------------\7Jf7 f .'pHlb ---------j/><- (yL>t^-<uJUU^ Lss^s'lo' c? /'9 <4 Lsc,-h /0'c?5 ' UM''-'!//-Jz -9 i/c C<L_- ">/‘59-"7-/3-<7 ,<r /^Uj-a -rr^rn: ^5'5'C5 ' J -3, <9 7 ---------------'jT^' \'Xuynia ' rTU^n^^LAD /0//Dl___V.2B-fg' ----------------------------------------------------------------------------------------------------- •• • . • Permit No. ____________ S~7S^ ^05 ^16 _ '^n 4s lbb‘S> fbcp'nn's P'V.'^ Ccfnhi/u£l uj M/7 /7j-6"St>h'->'b/^i'i', I PERMIT RECORD / Date S - -7^/ 10- S-7^ l>-l -90^ c3- 8 __o? • C:> Type of Permit f~V?o Crr bp .vn rf jJ^/rri. (aJ .. 2^am c )tcf ■ Application Date: 7/22/98 Completion Date: 8/11/98 60 Day Deadline: 10/10/98 1998SEP 2 8 r.crr/c: REQUEST FOR COUNCIL ACTION DATE: 9/24/98 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description:#2420 Robert C. Ryan Jr. Variances--Public Hearing Zoning District:RR-IB One Family Rural Residential District (2 Acre) Lot Area:70,881 square feet (1.62 acres) Application: The applicant has proposed to construct a 90' wind tower as an additional source for electricity to serve his property. Mr. Ryan in his hardship statement has indicated the need for the structure results from periodic NSP power outages and to provide a backup source for electricity should there be a disruption in service related to the year 2000. This application requires the following variances: 1 . Structure height to exceed 30'. The applicant has requested a 90' wind tower, exceeding the allowed height by 60 feet. The Zoning Code does not allow wind towers. Should the Council approve a height variance a Zoning Code Amendment would also be required as the existing Zoning Code would not allow this type of use. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to 0 vote to: Deny the variance for the reasons listed below: 1 . The use is not consistent with a residential area. 2. The variance would require a Zoning Code Amendment as the use is not permitted. 3. The hardship is not unique to the property as power outages impact large areas, and they are a responsibility of NSP. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2420 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 TO: Robert Ryan Jr. 3535 Christine Drive Maple Plain MN 55359 COPIES: type of APPLICATION: Variance DATE OF MEETING: 09/22/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: - The use is not consistent with a residential area. - The variance would require a Zoning Code Amendment. - hardship would be NSFs responsibility, which the City can not control. g^starts at 7:00 p.m. If you desire certified copies of the official Planning C<>n™ission minutw^^^ are available frorn thrcity Recorder after review and approval by the Planning Commission. jig (0 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE:August 16,1998 SUBJECT: #2420 Robert C. Ryan Jr. Variances-Public Hearing Zoning District: RR-1B One Family Rural Residential District (2 Acre) Lot Area:70,881 square feet (1.62 acres) Application: The applicant has proposed to construct a 90' wind tower as an additional source for electricity to serve his property. Mr. Ryan in his hardship statement has indicated the need for the structure results from periodic NSP power outages, sometimes days at a time. Staff contacted NSP about power outages along Christine Avenue. NSP reported the area h^ seen 10 power outages since July, 1997. They did indicate all power outages are counted, even if they are only seconds at a time. This application requires the following variances: 1. Structure height to exceed 30*. The applicant has requested a 90' wind tower, exceeding the allowed height by 60 feet. Pertinent Ordinances: Section 10.28, Subd. 5(A): Height Regulations in the RR-IB Zoning District Section 10.28, Subd. 5(B): Lot Requirements Section 10.75, Subd. 1: Height of Structures - Special Provisions U2420 Robert C Ryan Jr. 3535 Christine Dri\e yartance 9/21/98 Page I 1 ANALYSIS T.nt Area and Yards RR-IB (2 acre) Required Lot Area 87,120 s.f. Lot Width 200* Front Yard 50' Side Yard 30 ’ Rear Yard 50' The proposed structure would be located as to meet required setbacks for accessory structures. The tower would be located approximately 60' from the rear lot line (Luce Line Trail) and 65 feet from the residential, side lot line (Lot 3). ANALYSIS Variance 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. Tower Height and Location The Zoning Code does not allow structures to exceed 30' in height. Section 10.75, Subd. 1 lists several structures that are allowed to exceed the height standards described above. Section 10.75 is included as Attacljnent G. Wind towers are not addressed in the zoning code. Therefore it is staffs conclusion that a height variance from the 30’ maximum must be approved to allow such a structure to be built. Locating the tower within 90 feet of property lines may pose a potential public safety issue. According to the specifications provided by the applicant, the survival wind speed for the tower is 120 miles per hour. If the tower would ever collapse it could fall onto the Luce Line Trail or Ae neighboring property to the east. The propeller diameter is 14.8’, meaning one propeller standing erect would increase the height of the structure by 7.4'. Surrounding Properties The surrounding properties are zoned RR-IB. The intent of the zoning district is to allow low U2420 Robert C Ryan Jr. Christine Drive Variance Q/2im Page 2 1 density residential development and limited agricultural activity. The Christine Dnve is exdusively residential. Wind mills or towers would be more consistent with agricultural us . The lots are bordered to the south by the Luce Line Trail. South of the Trml is zoned ivvo acre lakeshore residential that continues to Stubbs Bay. The total distance to Stubbs ° . Lrolicant's property is approximately 725'. Stubbs Bay’s ordinary high w^er ^eveUOHWL) is 929 4' The tower would be located at an elevation of approximately 960'. The totd height above !e^eve“e structure would be 1050' or 120.6' above the OHWL of Stubbs Bay making it potentially visible from areas on and around the bay. Issues The maximum height allowed for accessory structures in a residential district is 30'. The neighborhood is zoned RR-IB and is developed as a residential cul-de-sac neighborhod of lots approximately 2 acres in size. The tower would be closer than 90' to the lot lines The neighborhood has a covenant restricting any out buildings or structures from being built without approval of an Architectural Review Committee established in the covenant. STAFF RECOMMENDATION Staff recommends denial of the application. Attachments Application Plat Map Location Map Zoning Map Site Plan Site Topography Wind Tower Specifications Section 10.75, Subd. 1 - City of Orono Zoning Code Property Owners List Permit Record H2420 Robert C. Ryan Jr. 3535 Christine Drive yariance 9/21/98 Pay 3 • • Application • _ Date Received Amount Paud. _____ cmr OF ORONO - vaw ^jige application Initial Application Fee ($50.00 per each additional variance) Renewal Variance Fee $150.00 ■ , (no change from original application) Variance for non-conforming structures $250.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION . Property Identification Number (P.IJD.) " (H ~ —QQi3--------------------- Attach legal description to application if not included on required survey. ., • Date Property Acquired_=^12:£l_^2----^-------------------------------^(nionth/year) I (do) (do not ) also own the adjacent parcels of land. Present use of property: X residential -----other (specify) Zoning District: R P- -1 S_ A-DPT ir ANT Phone O^ome^ ^ ■ Name . Phone (work) \ OWNER (if different than applicant) Name _____________________ Phone (home). Phone (work)_ Address: DESCRIPTION OF REQUEST Describe request in det^l: Estimated Construction Cost $_ (attach additional sheets if necessar>) VARIANCES REQUDRED Lot Area Setback: Lot Width Front __Side Hardcover Rear Lot Coverage Other (specify) Average Lakeshore Heiisirr / HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COi«)ITIONS (attach additional sheets if necessary) #TOCtXll [»*» •• - U'.tt- 1 IM.1 ____«*4«3 t. ga-fl. (5)(5) It 9 4 1 ■ — ; Hi (a)(3;(I0.> t».7 « •5>.7 15C 1 ( *1) ------2iC------- .4 7 / 5 jtC6i± (22) /!—-- / 144 U3 «• I (\04.7>J ^^% ' 'M.« (CHR 5T IN?: ^ I DR) r^.;^ -^4-^-------- (U) :-;:*j*w-x-w ::>:x:::;<^.>^:;•:':-x:-:-:-:'X-;-; :::x:;:x>‘;:;:«:: ;::x:xx:;:x/x 'J*. ' V 4» V <f • • • /■mmm V t_ilLLEN ~5T7! “74 ------- ::::;$:r;<::i:':;x •:-:x-x-:-:-;-:-> xS*;:::!:::::; V.,;. i: S! S'*rL J, 5T.M , *• • XI leTf ;vi.oi ■■»«» •<>••»• Ji't > 4. ** "4 ,->-4‘.f.- (10) -\i*-----------L^JI •.* * J5 irr7:<| J »5 ; • ^^(116)' ~ ^ n: i\ iil \ ? / 10 ••f r • . 1 2 4 1 1 •. I.*'1C »i» T 4 .5 v‘1 1 IW mis # «% • 1 V (5)V4) ^ n 14 •no 1 Tw ;s 1 Parcel Information ParctI ID 0611723120019 Houm Niinibar 03535 sett! Naina CHRISTINE DR 7 C? \ ,'A m / / f:\flli eoo niuT oiatf ilVD % ORONO wtAMcn oarfoi- mv II wo 0 THOlioUftMMtD; nsr tOMCRSn 1 [m OATS *8S- 3 '* .-••■"**«••••••••• >••••••• BE n ^5®^ 2 «N1TE.| - • • \ :i -JV . .H. •'PWr. v:-r^ Vt -i-: -.. •.. ’.<■>' L - - Vi* •• ■- <.1;. <1'^ •'•i^•. V.' jvrl-v' ’* > V'.- J i fOt . V > «^MX '.: • f- * FIX FAEJICM ; . • •• •■oNNsIx •■ *>vr -.V '.'• • .* -*.*- -S ■ **S. C4 1 An environmentally [WORLD POWER sound, quiet, attractive source of electric power MARINER H500 500 WATTS Bo3!. cabin, lelecommunicalions. 3 blade. 5 tt diameter Simple pole mount Great looking buffed stainless WHISPER 600 600 WATTS Home anu cabm pov;er. 2 blade. 7 ft. diameter Value leader for most wind sites WHISPER H900 900 WAHS Telecommiunicalions. home, cabin. 3 blade. 7 tt diameter Lightweight, simple pole mount. Optimum for roof mount and toughest wind conditions WHISPER 10001000 WATTS Small farm., hcmie and cabin pov;er. 2 blade 9 it diameter Our most popular model Maximum efficiency m winds where most people live WHISPER HI 5001500 WATTS Telecommunicat ons. small farm. home. 3 b'ade 9 ft diameter Bigger power and smooth performance m high and turbulent winds. WHISPER 3000 3000 WATTS Small village, farm and home. 2 blade. 14 8 ft diameter A best buy for lots of power in medium winds WHISPER H4500 4500 WAHS Telecommumcat-ors smail village, farm and home 3 blade 14 8 ft diameter Smooth tough and powerful in the highest winds EZ-WIRE SYSTEM CENTER • * •At* CMmrtm I I * # I • I r f. ^ ^ ^ -s A# Only one boi on the wall! Connection, brake/or. olf control and baltery charge regulation for wind and solar Bright. 6- function LED meter reads battery charge in •• volts and amps as well as wind, solar and load amps T»E ‘C»H»N*0«L»0*G*I»E«S INC. Our extra large diameter propellers on the Whisper 600 1000 and 3000 are optimum lor the low average wind speeds where most people live. Harvest the free wind and sun for complete independence. WW$perH90IITilr^tod« 'V-‘ '<•' j ' More power and stainless steel than any other boat generator ■*. ' V. n ^f> .V* ’ • -v* Three Wade propellers are pcrtcct lor boats and on outbuildings •» «t J Look at the power! Divide watts in the graph below by battery volts to get charging amps. Powei Output SS o S 5 m %o 120 110 100 90 60 70 60 50 40 30 20 1C 0 r4> ?- • i. ^ • *> e. ‘i* -jtr-T 1:^1* ,7 •A ’$:• if •.r •t - •r 5"» ••; 1 mi • I ..1 --.3^1: le -i :* V • • • •^4 ;wvi4 L-^A* Lji.n: 7~ Packaged Renewable Energy Systems Although wp do manufacture the world's finest wind powered generators, we are also the experts at providing complete sun and wind powered (hybrid) renewable energy systems with all the components and instructions you need to be up and running in no time with no problems. These hybrid systems range from as small as one solar PV panel to village electric power systems. Let us quote on your renewable energy system for boat, home, farm, village, telecommunications, etc. See our price list for a pre-packaged system ideal fo' your situation. Remote 'Water Pumping Systems When you need water and ther-'s no power line, you ’re faced with some pretty grim choices including human or animal power, hauling fuel for an engine or just plain going without. Direct wind-electric pumping systems from World Power change all that. There are no batteries, no electronics and no special pumps or pump motors. You use world- standard submersible or surface centrifugal pumps and you can put the wind generator where the wind is and che pump where the water is up to sc'eral kilometers apart! Send for our brochure. ^‘****TJ. II Wiadsfitl—MHti Ptr Hour / Mtltrs Ptr St coni #Whisptr 609.1000.3000 • Whiiptr H Mtdtis r MtfkitfHSOO Electric Heating Systems, Air or Water Ever think it was coldest when the wind was howling out of the northwest and you just couldn't pile enough wood on the fire? And you thought about wind power but just couldn't deal with batteries, inverters and all that complicated stuff. You'll be pleased to hear that the simplest and least expensive wind system of all is where the wind-generated electricity is converted to heat. SpOCif ICdtiOnS All models: 2 year warranty, survival wind speed 55m/s, 120mph. MarinerWind Generator Whisper 600 Whisper H900 Whisper 1000 Whisper H1500 Whisper 3001 Whisper H4500 Rated power, watts 500 600 900 1000 1500 '-----3600 4500 Rated wind, m/s / mph 12.5/28 11/25 12.5/28 11/25 12.5/28 11/25 12.5/28 Cut-in wind, m/s / mph 3.4/7.S 3/7 34/7.5 3/7 3.4Z7.5 3/7 3.477.5 Number of blades 3 2 3 2 3 2 3 Propeller diameter m/ft 1.5/5 2.1/7 2.1/7 2.7/9 2.7/9 4.5/14.8 4.5/14.8 Molded, fiber reinforced Standard Standard standard na na na na Fiberglass, carbon fiber na na na standard standard standard standard Prop tip to center cm/in 21/8.5 28/11 28/1 33/13 33/13 56/22 56/22 Min. blade clearance cm/in 15/6 20/8 20/8 25/10 25/10 41/16 41/16 Battery voltages available 12-48 12-48 12-48 12-240 24-240 24-240 24-240 Direct water pumping na na na yes na yes na Transformer hv to tv na na na yes yes yes yes Grid tie, electric heating na na na yes yes yes yes Standard mount pipe/tube 2'sc..d40 2.5’schd40 2.5'schd^0 2.5‘schd40 4 ‘x0.12w 5*schd40 5*schd40 Tower top weight kg/lbs 13/29 21/47 25/55 30/65 35/77 70/155 82/180 Lateral thrust, nts/lbs 300/70 650/150 880/200 1100/250 1500/350 3000/700 4300/1000 Please send me infoimation on: Q Owner's manual & tower plans $10 USA, Can., Mex. Q Owner's manual & tower plans $15 other International Q Water pumping Q Other (please specify) Jl C' •'i O Sf> fr 1 WORLD POWR I •t»t *H*N*0*l.‘0*G*l*E*S INC ' 1 Cn . -I IM 19 Lake Avenue Nortii Duluth, MN 55802 USA Phone 218-722-1492 Fax 218-722-0791 E-mail- wpt@cp.duluth.mn.us Web: http://\v ’\N’\v.worldpovvertech.com For more information, contact; If no dealer near you. please contact factory e 1991 Wnrll fewer TtriMeleflei. lee.ffUMnO ON RECYCUO PAPER Be Your Own Electric Compy *^»^Vect*ri*c power from a UTiisper or Mariner wind generator can easily provide 80 to 100% of the normal requirements of a sailboat, cabin, rural home, small farm or business without power lines. An optional gas or diesel generator can provide backup for low' wind or high demand periods, and solar panels (PV) complement the wind by providing electricity during the calm between weather fronts and during seasonal low wind months. A storage battery provides electricity during windless periods and an optional stand-alone inverter gives vou electricity just like that from the power company to run all your standard household appliances. Or, if you have utility lines, sell it back! There is brand new lechnulogy on Ihe markel that combines a stand-alone and utility interlace (synchronous) inverter in one neat package, and it s perfectly matched to our Whisper 3QQ0 or H4500. The features are far too numerous to detait: You can sett excess power back to the utility. If Ihe utility fails you have an uninterruptible power system. If your electricity is more expensive during peak hours (and it will be soon for all of us!) you can program the inverter to use only Ihe power in the battery, ft will even start your back-up generator. Watch your meter run backwards! 1. The wind generator transforms wind energy into atternaling current. 2. Solar (PV) panels convert sunlight into direct current & are used alone or with a wind generator. 3. The EZ-WIRE System Center is where the wind generator, solar panels, battery & load are connected together & controlled and monitored. Both wind & solar are reguiated lo^ prevent battery overcharge. The wind generator propeller can be stopped & solar power shut off at the EZ-WIRE. 4 Deep cycle batteries should be large enough to store several days of energy. 5. DC lights and appliances or a small inverter connect to the EZ-WiRE.\ 6. A targe inverter is connected directly to the battery bank to power the complete household. All world voltages and frequencies are available. - r".* You Can Plan Your Own Wind and Solar Electric System • Choose a system voltage of 24 voits for a new. renewable energy system for hortie or farm If your wineJ generator and solar jrahel . is under 3000 watts. Use a 48 volt battery in larger systems. Older boat and farm electric systems or authentic restoration projects ate easily feftita^ volts Small lighting systems including TV and small water pump under 500 v/atts can be designed at.12 yotts. Boats and cxishng remain at 12 volts. Install a deep cycle battery of sufficient capacity. (k«h) lor 2-5 days using the selection guide in the owner's tnanual. i-.j^^jji^E^..a • Pick a Tower Location. TheTower or suppoi'.ing structure should be on the liighcst and mos» open location grryour propcrty^peterminejM^.^^ j height that will place the generator 5m (iStt) minimurn above tre«,or buildings wii;-.:-' 10pm (300h).;The roof bt ^an pidfc jd^^ y . -Lrii ninA /Ainne mriiifiAH Tn ih^ mnmi.'in InwtM mn be surtnhle. Stern'iridunt IS tdcsf lOr.lnd M3^meri ill^ ■ X.2 r .* • y. Is gI % I «niid speed mph Wind speed nVs Mariner K500 Whisper 600 Whisper H900 Whisper 1000 Whisper H1500 Whisper 3000 Whisper H4500 11 12 4.9 5.4 17 18 7.6 8.0 116 183 214 305 357 916 1070 141 218 it 264 ft,!2M 384 400 440 5 5 1008 1091 1200 1321 Kilowatt koun (kwh) rtr moatti Suiwpiop DeslBii Means Alfontalile Wind Powep ®orId Power Technologies has B ^manufactured wind generators and M ¥ sold wind and solar systems since 1978, giving us more years of experience than any other existing supplier in the world. Over 2000 of our customers worldwide get their electricity from the wind and sun! We have introduced more technological innovations than any manufacturer and revolutionized the design of wind generators. We’ve combined the most efficient, slow speed, PM alternator with a perfectly matched, advanced airfoil propeller and our brand-new ANGLE GOVERNOR (patent pending) in a handsome, meticulously finished machine with only 3 moving parts. In the house, our EZ-WIRE SYSTEM CENTER brings unequalled neatness, installation ease, control and monitoring to your wind and solar system. You can easily install solar panels and any of our wind generators with the do-it- yourself instructions provided. And, once it’s up, it stays up: our wind generators do not require scheduled maintenance, just an annual inspection! All stainless metric hardware! Oversize, proprietary, triple Our alternator/rolor assembly begins insulated copper winding design and with premium motor-grade ceramic low energy loss electrical grade magnets in an eiclusive, cog-free steel laminations give decades of configuration. . ' efficient, reliable power delivery. Bodyassembly ■'\ uses stainless steel t—- components on many models. i Sealed, permanently 41...............lubricated ball bearings. Two high copper, graphite Impregnated brushes per : ! slip ring. Compare with I ' single brush designs! ‘It’s the smoothest, bsst-conUolted governing action I've ever seen, and I have 400 wind generators in the held I The eitra output In high winds is sensational.” — Nelson Adams, Dealer, South Africa Quality materials throughout make our wind generators a reliable source of electricity lor decades. And we offer you Ihe industry's highest power-to-weight ratio and lowest cost pei watt. We offer high performance propellers in a variety materials, sizes and prices to best match your euct needs. Our advanced airfoil Is Upered, twisted and mounted on a spring steel vibration absorbing plate lor minimum machine and lower stress. It's a World Power eiclusive! Our two blade propeller offers optimum cost-effectiveness in the majority of applications. And you'll rind our three-blade propeller systems perfect lor the absolute smoothest machine performance under the most turbulent wind conditions. We include complete instructions for a fold-over, guyed steel pole tower you can make yourself. We also offer tower kits with everything you need except the pole, anchor and lift line. No welding necessary; just drill a few holes! ^ Our unique, new ANGLE GOVERNOR (patent pending) neatly solves the steering offset problem inherent in folding tail designs and greatly extends the power output during governing over both folding tail and till-up type governors. And. no one in the world offers it except the WHISPER! Our epoxy coated wood core pro­ pellers feature exclusive, thread ­ ed metal Inserts In the mounting holes for a perfect moisture seal tt's an industry first! Thoughtful design Includes proprietary winding conhgiration giving you. the owner, choice of different voltages in one model. No need to replace your wind generator if you change your system voltage. Voltage change is made quickly at the wiring box. And, it's a feature found only on Whisper and Mariner wind generators. 7Running light pn ^t to\»v6ltagemodels tells at a • . •' glance you;r^iejte5ali%Bmps! ; . ’ ’ J.-' .1 “ »-X;if --- “ y • m ' I TABLE II: WIND GENERATOR SPECIFICATIONS AND APPUCATIONSWIND GENERATOR SPECinCATIONSWind Generator ModelRated power, watts Rated wind, m/t / mph Cut-in wind, m/s / mph Number of blades Propeller diameter m/ft Molded, fiber reinforced Epoxy coated wood core Fiberglass, carbon fiber Prop tip to center cm/ln Min. blade clear, cm/in Battery voltages avail. Direct water pumping Transformer, hvlv model Grid tie, electric heating Standrd mount pipe/tube Tower top weight kg/lbs Lateral thrust, nts/lbs ELECTRICAL SPECinCATIONS Model, low volt 12-48v battery Model, transfonner 12*48v bat EZ'WIRE System C. Included Standard shipping volts/fuse(ii) 12v batteiy: rated volts/amps 24v battery: rated volts/amps 32v battery; rated volts/amps 36v battery; rated volti/amps 48v banery: rated volts/amps Model, high volt 64>240v Bat charging EZ-WIRE model standard ship volts (no fuse) 60-72V bat; rated volts/amps 108-120vbat: rtd volts/amps 200-240vbat: rtd volt'^amps Elec, heating EZ-WIRE model Max heating watts(iv) Each element Wye connected Direct pumping EZ-Wire mod. Nominal 3phase motor Pump hydraulic load at 60hz MarinerHSOO50012.5/203.4/7.S 3 1.5/4.9 standard na na 21/8.5 15/6 12-48volt na na na 2'scd40/ 13/29 300/70 All modelst 2 year warranty, survival wind speed 55m/s H500 na EZ90/900 12/100 15/33 30/17 38/14 44/12 60/9 na na na na na na na na na na na na Whisper60060011/253/7 2 2.1/7 standard na na 28/11 20/8 12-48V na na na 2.5"scd40/ 21/47 650/150 600 na EZ90/900 12/100 15 1 .' ...r 44/iH 60/10 na na na na na na na na na na na na WhisperH90060012.5/283.4Z7.5 3 2.1/7 standard na na 28/11 20/8 12-48V na na na 2.5*scd40/ 25/55 880/200 H900 na EZ120/1600 24/100 15/60 30/30 74 21 60/15 na na na na na na na na na na na na Whisper1000100011/253/7 2 2.7/9 na standard optional 33/13 25/10 12-240V yes yes yes 2.5*$cd40/ 30/65 1100/250 lOOOlv lOOOhvIv EZ120/1600 24/100 15/66 30/35 30/27 44/23 60/17 lOOOhv EZHVBl 240 80/12.5 140/7.5 200/3.6 EZ230H1 1500 SOOwatts EZPMPl 3/4hp l/2hp WhisperH1500150012.5/283.4Z7.5 3 2.4/8 na standard optional 33/13 25/10 24-240V yes yes /4"x0.12w 35/77 1500/350 H15001V HlSOOhvlv EZ120/2300 24/100 15/100 (i) 30/50 38/40 44/35 60/25 HlSOOhv EZHVBl 240 80/19 140/11 280/5.5 EZ230H1 2250 750watts na na na na standard 56/22 41/16 24-240V yes yes yes 5"scd40/ 70/155 3000/700 30001V 3000hvlv EZ200/4600 48/100 na 30/100 38/00 44/70 60/50 3000hv EZHVB2 240 80/38 140/22 280/11 EZ230H2 4500 lOOOwatts EZPMP3 2hp 1.5hp NOTES- (i) Whisper HISOO 12v is special order. Whisper jCOO and H4500 Vl,- not available. (ii) Standard voltage and fuse is how wind generator and EZ-WIRE are wired at factr-ry and fuse supplied. User can easily reconnect wind generator and EZ-WIRE System Center for other permitted voltages. NOTEI If you change voltage, you may have to change battery fuse. (iii) All wind generators using 32v or 36v connection have approximately Imph or 2mph (lm/$) higher cut-in wind speed, respectively. A special winding. 36s. is available for normal cut-!'’ wind speed. The special winding can be user connected for 24v or 36v systems. (tv)Ratings of same generator differ slightly by application, lo-wer for battery charging, higher for heating & interface with AWE inverter. Wattage shown is for single phase water or space heater; wye connected to EZ-W:rF. controller output. WhisperH4SOO450012.5/283.4/7.S 3 6.1/20 na na standard 56/22 41/16 24-240V na yes yes 5*scd40/ 82/180 4300/1000 H4500IV H4SGOhvlv EZ250/7000 48/200 na 30/150 38/120 44/105 60/75 H4500hv EZHVB2 240 00/57 140/33 280/17 EZ230H2 6000 1500watts na na na 1 PX-et TABLE III: EZ-WIRE SYSTEM CENTER SPECinCAIIONS MODEL EZ-WD>B 12«4tV EAT E290/900 E2120/1600 EZiaO/2300Standard wind fenarator model H500/600 H900/1000 hIso OStandard shipping volts User-selectable voltages DC wind amps max (diodes) (i) Solar PV amps max(ii) Solar pv on/off 40amp breaken DC load on/off 40amp breakers Capacitors mfd. 330v start Full metering (111) Wind-gen on/oiT-brake switch(iv) Max wind charging watts (v) Max solar charging watts(vi) Max tot bat charging watts Divenion load watts(vii &viii) MODEL EZ«WIRE 64-240V BAT Wind generator hv model DC wind amps max(i) Capacitors mfd, 3S0v run Wind-gen on/ofT brake switch 12 24 2412.24.32.36.48 12.24.32.36.48 12.24.32.36.48EZ200/2300H1500lvl2only 12 50 80 80 120 40 40 40 80 1 1 1 2 1 1 1 1 40 60 60 120 yes yes yes yes yes yes yes yes 3000 4800 4800 7200 2400 2400 2400 4800 5400 7200 7200 12000 900 1600 2300 2300 EZHVl EZHV2 EZ200/4 6003000 4824.32,36.48 120 80 2 1 120 yes yes 7200 4800 12000 4600 EZ250/7000 H4S00 48 24.32.36.48 170 80 2 1 120 yes yes 10200 4800 15000 7000 1000/H1500 SO 35 yes 3000/H4500 70 55 yes Wind generator hv model 1000/H15003000/H4S00 AC amp rating relay per leg 13 20 Max watts per phase, 240vac 1500 2500 Capacitors mfd, 350v run 10 35 Wind-gen on/off-brake switch yes yes EZ-WDIE ELECTRIC PUMP EZPMPl EZP.MP2 1000 3000 13 20 3/4 2 35 55 yes yes 1/2 1.3 30/1700 30/1700 80/45.0 80/4500 AC amp rating relay per leg 3 phase motor horsepower Capacitors mfd. 350v run Wind-gen on/oiT-brake switch Pump hydraulic hp 3400rpm (ix) Cut-in hz/rpm Max hz/rpm NOTES: *’*** **^ ** alternator to full wave bridge. Input shorting switch provided for brake. ** or battery charger with one or nvo 40amp switch/circuit breaker, of battery charge, banery volts, net bat amps, wind gen amps, pv amps, dc load amps. (ivlWIND ON/OFF switch is on transformer cabinet on hvlv models. Some 3000 and H4500 have external brate switch. (v) Max watts is 48v battery at full 60v times diode rated current. (vi) Max solar \/atts is 48v battery at full 60v times 40amp (breaker rating). (yii)Diversion load wans Is at full battery voltage (2.5voIts per cell). Your input (wind and solar) wattage may exceed diversion load capacityfexcept 3'>v seninel but you may have to turn off either the wind or solar manually to prevent overcharging battery. (Total Input watts must not exceed divenion load wattrat 32v )^ ^e total of both wind and solar inputs should be less than 1 lOH of diversion load rating for proper regulation with both inputs present The wind or solar wattage individually should each be less than 110% of diversion load rating for proper regulator operation w^th one source charglne (yiii) Total input watts must not exceed diversion load watts on 32voIt systems. Diversion load rating is 60% of figure on lovolt systems. * ^ (ix)Pump load will be twice nominal hydralic horsepower, and rpm is about 4500 at governing wind speed. Packaged ORDER NUMBER TYPE OF SYSTEM CHARGING WATTS AC POWER WATTS FS«50 SOLAR 80 100 PS-100 SOLAR 100 aoo PS-300 SOLAR 300 700 PS-000 SOLAR 600 1800 PW-SOO WIND 800 aoo PW-OOO WIND 600 700 PW-900 WIND 900 1800 PW-1000 WIND 1000 1800 PW.1500 WIND 1800 3400 PW-3000 WIND 3000 4000 pw-4800 WIND 4800 5800 ^S-^0(ipWS-60(^ HYBRIDHYBRID 1 WS-60(^WS-t 10(f WS-14o4mS-S10<Ws-36o4nfirS-S700 600 200 800 700 HYBRID 1100 1800 ^EANT FEATURES Solar Panels: VLX53 1 2 6 12 none none none none none none none 2 4 4 Wind Generator Model none none . none none H500 600 H900 1000 H1500 3000 H4500 H500 600 H900 System Volts 12 12 12 24 12 12 24 24 24 48 48 12 12 24 Individual Batte.y >itage 12 12 6 6 6 6 6 6 6 6 6 6 6 6 No of Individual Batteries 1 1 2 8 2 4 8 8 12 24 32 2 4 8 Each Battery Amp-hours 90 90 220 220 220 220 220 220 220 220 220 220 220 220 RZ-WlRE System Center none saBi2(i;90/900 120/1600 90/900 90/900 120/1600120/1600120/2100300/4600 300/7000 90/900 90/900 120/1600 Auto Charge Regulator no yvi yes yes yes yes yvi yes yes yes yei yes yes W*Full Metering no no yes yes yes yes yes yes yes yei yei yes yes Complete Wiring Kit (il)no y«»7^*yv*yes yes yes yes yei yes yes yes ENERGY PRODUenON riln*. batl d Inverter loaaes verv and will auhtrart t^r\m a.a04(>l AMO 91^ORAG p rAOArrrv Sun wis/day. 2hrs hill tun 100 200 600 1200 0 0 0 0 0 0 0 200 400 400 Sun wK/day 4hrt full sun 200 400 1200 2400 0 0 0 0 0 0 0 400 600 600 Sun wh/day 6lirs full sun 300 600 1600 3600 0 0 0 0 0 0 0 600 1200 1200 Wind wh/day. 8mph ave 590 1070 1060 1780 1770 5330 5310 590 1070 1060 Wind wh/day. lOmph ave 1190 2080 2140 3470 3570 10420 10710 1190 2080 2140 Wind wh/day. 12mph ave 2080 3350 3580 5580 5970 16740 17920 2080 3350 3580 low day total wattdioun 100 200 600 1200 590 1070 1060 1780 1770 5330 5310 790 1470 1460 High day total wandiours 300 600 1800 3600 2080 3350 3580 5560 5970 16740 17920 2660 4550 4780 Typical total wati-hrs/day 200 400 1200 2400 1335 2210 2320 3680 3870 11035 11615 1735 3010 3120 Typical kwh per month 6 12 36 73 40 67 70 112 117 334 352 S3 91 95 Battery Watt-Hours 1060 1380 2640 10560 2640 5280 10560 10560 15840 31680 42240 2640 5280 10560 Days Storage. 80% efhe.4.3 2.2 1.8 3.5 1.6 1.9 3.6 2.3 3.3 2.3 2.9 1.2 \A 2.7 TOTAL SYSTEM ANl1 ENERGY CO!STS YnlU eeve S% on :oninlete Dackeeeal N 0 fliibflt lutlona. TOTAL SH Discount S800 8990 83,230 86.480 81,880 81,880 82,980 83,360 84,690 89,310 $11,800 $2,260 $3,320 $4,440 $/W«tt Capacity $10.00 $9.90 $10.77 $10.80 $3.10 $3.08 $3.31 $3.36 $3.13 $3.10 S2.56 $3.80 $4.15 $4.04 S/Dsily Watt'Hoiiri S2.S0 $2.48 $2.69 $2.70 $1.16 $0.84 $1.28 $0.91 $1.21 $0.84 10.99 $1.31 SMO $1.42 S/KWH lOyvar proriticiion $0.69 $0.68 $0.74 $0.74 $0.32 $0.23 $0.35 $0.Z5 $0.33 $0.23 S0.27 $0.36 $0.30 $0.39 HYBRID 1400 1800 6 1000 24 6 8 220 120/1600 yei yei 800 1600 2400 1780 3470 5580 2580 7980 5280 160 10560 1.6 S6.300 14.50 51.19 $0.33 HYBRID aioo 3400 12 H1500 24 6 12 220 120/2300 y«* 1200 2400 3600 177p 3570 5970 2970 9570 6270 190 15840 2.0 HYBRID 3800 4000 16 3000 48 6 24 220 300/4600 >1M ysi yti 1600 3200 4800 5330 10420 16740 6930 21540 14235 431 31680 1.8 HYBRID 8700 8800 24 H4500 48 6 32 220 300/7000 yei yti y«* 2400 4800 7200 5310 10710 17920 7710 25120 16415 497 42240 2.1 S9»110 54.34 51.45 $0.40 $18,200 54.00 51.07 50.29 $21,280 $3.73 $1.29 50.36 COMPARISON with convitdoari fnon»rgnpwablpl gngryy aotircps^ A lOOO-lO.OOOwntl gns generntor. with mwlnienunce. overhaul und rfplitcemfnt, produces electricity over 10 yciir at $1.00 to $9.00 per KWH. 6 you have to haul fuel. A 5000.50.000wati dielel generator, with maintenance and overhaul. prod\tces electHclty over 10 years at $0.30 to $2.50 per KWH over 10 years, and It s noisy and smells! If you sfiend $20,000 to bring In the power line, use 200KWH per month of average (over 10 years) $0.20 electricity, your cost over 10 years Is $1.03 per KWH. (I) Not an EZ WIRE System Center, for solar modules only. (II) Wiring kits Include: Serles/parallel Individual battery connections. EZ-WIRE to battery cables, battery fuse, battery to Inverter cables. /I FIGURE I; F7. WIRE S>Mv!n t enter Freni P.md. I he l-n\t r panel l:as the system C' iiiiuK .uiJ eanti.>n nctices The ’AVlNr)' su-iieh tunis on the wiml iceiierau r in ilie up position and applies the wind j;enerair.r hra.ke (stops the propeller) in the <lnwn position (On Whaspei lOOOhslv .ind II I3tM)hvlv models the "WIND" switch is on the transformer enclosure (hi Whisper otHH) and Hd'dM.) models the WIND" switch is external in a separate enclosure and the wind iteiierator is (>N. brake off. in the down posin,.n ) One or tuo ao amp SOL-VR I'V input circuit breakers .ire provided for s.itets and controllinjt solar inputs One 40 amp LOAD '-iram breaker is provided lor |)i ! >ads See SlhniON <' d Pt mote information The upper riitln panel contains the Automatic Cliar.-^ins Hevtulator Sfleclor switch and KEGUIAllNG indicator. WTien the indicat. r is ilasliinv; it means the battery has reathed the FIOAF SETIiNti and is full .Ml settin;^s ol the regulator are in the M.C'AF or ITJUAI.I/F rany.e ol battery- voltajte .See SFCTION ( A for more information The upper left ptmel is the riiunitoriiis; 'ection lu re.isl ilie Isaiiery luel jtaujje the lelt liaiisl tiijtjjle ansi rotary- selector switch must both be in the \o]is ( ell position. All other readmits are with the lojtjjle switch in the Amps Volts posirion. See SF.(JTION C 4 lor mi>re iiilormation *. »• .. V. .* r> SYSTEM MONITOR M«i V' V* ■ I •• •' *'fc .‘k?* ■•• • • • .00 I AUTO CHARGE^ regulator ^ reculatinc ■4; •** III Z*f • •jB nOAT SETTl*^ .-i EASY-WIRE SYSTEM CENTER WIND ON -r (BRAKE Orn SOLAR ON 0 *' A ' A- .• ' • v. :'f * ,! -tA STSICHS «m<vr 4i/rB<MMCt MEOUOQK Si90 lanmer ma •> iw« «n t«t» m VMt iA«r tacary s hA wA lAo^1M boary Ma. AtA»0»«^SUAiauirM (BRAKE ON) 0 WIND OFF lOSTOAmOfOiEN 0 SOLAR OFF ouLurm Ml • uG* • • t 0 W- *. -- * ‘ . ■* /• ■ ••'/A''i ► • •• CAUTION!!; (f#rrerTi B^rorr.# Heci • • • % . ? 'r.* ir.pin § 10.75 SEC. 10.75. HEIGHT OP STRUCTURES. Subd. 1. Special Provisions. The height limitations imposed by other provisions of this Chapter may be increased by conditional use permit by 50 percent when applied to the following structures: contain usable space above Antenna or antenna atmetur ea ; Church spires. Belfries. Cupolas and domes which do not cont^ useable space. Monuments. Water towers. Fire and hose towers. Observation towers. Flag poles. Chimneys. Smokestacks. ^ • feet Parapet walls extending not more than three feet above hei^t of the building. M:L. Cooling towers. •NM. Elevator penthouses. Subd. 2. Conditional Use Permits. Heights in excess of those allowed under Subdivision 1 above for the uses enumerated therein may be permitted only by conditional use permit granted pursuant to the procedures as set forth in Section 10.09. Source: Ordinance No. 198 Effective Date: 8-22-77 Subd. 3. Additional Heights on Sloping Lots. On any lot sloping downhill from the street, which has an average ground slope on that portion of the lot to be occupied by the main building of 25% or more (measured in the general direction of the side lot lines) an additional twelve feet of height may be permitted in such main building and the garage or parking space may be in the required front yard provided a yard of ten feet or more is maintained. Required yards the following Subd. 4. Yards: Additional Provisions, in the districts specified shall be subject to additional requirements: A. Through Lots. Through lots in any district shall have a required front yard on each street. B. ”B" and "I” Districts: Adjacent Lots. In the •'B*' and "I” Districts, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front yard depth ORONO CC 391 (4-1-84) RUN DATE 08/14/9SBATCH 501PROf AODR OMNER NAHE TAXPAYER NAHE/ADDR SO 05-117-23 12 0000 OOOSO ADDRESS UNASSIGNED STATE OF HINN STATE OF HINN IDNR)ILUCE LINE TRAIL)HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST30 05-117-23 12 001100105 DEDERWOOD OR GEORGE S TERP GEORGE S TERP 105 BEDERWOOD DR LONG LAKE MN 55350 REPORT NO. P1035401 PAGE 138 05-117-23 12 001200185 BEDERWOOD DR J SOUTER 8 0 R ZICK JOHN SOUTER 8 DANIKA ZICK 105 BEDERWOOD DR LONG LAKE MN 55350 PROP AODR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 05-117-23 12 0013 00200 BEDERWOOD DR G L 8 J W GUSTAFSON JOANN W GUSTAFSON 200 BEDERWOOD DRIVE LONG LAKE HN 55350 38 05-117-23 12 0016 03575 CHRISTINE DR H R SHIELDS 8 J K SHIELDS MICHAEL R SHIELDS 3575 CHRISTINE DR MAPLE PLAIN MN 55359 38 05-117-23 12 0010 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF HINN IDNR) (LUCE LINE TRAIL) 38 05-117-23 12 0019 03535 CHRISTINE DR R C RYAN JR 8 J I* RYAN ROBERT C JR 8 JAN M RYAN 3535 CHRISTINE DR MAPLE PLAIN MN 55359 38 05-117-23 12 0017 03415 HIGH LA RICHARD G MARKLUND RICHARD G MARKLUND 3415 HIGH LA LONG LAKE HN 55350 38 05-117-23 12 0020 03505 CHRISTINE DR S L MANIKOWSKI ET AL SUSAN L MANIKOWSKI 3505 CHRISTINE DR MAPLE PLAIN MN 55359 1 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR 38 05-117-23 12 0022 00000 STUBBS BAY RD S C C KROLL ET AL TRUSTEES CLEMENT C KROLL 00 STUBBS BAY RD S MAPLE PLAIN MN 55359 38 05-117-23 12 0024 00038 ADDRESS UNASSIGNED BETZ ADDITION HOMEOWNERS ASSOC BETZ ADDITION HOMEOWNRS ASSO 3535 CHRISTINE DR MAPLE PLAIN HN 55559 TOTAL B/iCH 501 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION) TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE PI^3S4dl I Nf. \IC- September 20,1998 Mayor Jabbour 2750 Kelly Parkway P.O Box 66 Crystal Bay, Miimesota 55323 Dear Mayor Jabbour, Members of the Orouo City Council, Members of the Orooo Planning Commission, and Zoning Administr^ors, My name is Susan Manikowski. My husband Joe Manikowski and 1 live at 3505 Christine Drivj, next door to 3535 Christine Drive. I would like to give input regarding your d^ion concerning the variance request (#2420) for a ninety-foot wind generator to be erected at 3535 Christine Drive. Three and one half years ^ we moved from C.olden Valley to Orono. The reasons we choose this area are clear to us. ChrisUne Drive is a quiet private road. We were anxious to have the beauty of natrw arou^ us. We wanted to excape the increasing noise level of the first ring suburbs. Finally we wanted to protect the investment in our home with the stable property values in this area For this we were willmgto take on a much higher tax bill Because of purposed variance #2420 all of these reasons seem to be m some jeopaixfy. A ninety-foot wind generator will cleariy be out of character with the neighborhood, ft is an eye sw and will have a negative effect on the neighborhood, ft will be in view from any area on the backside of om home and also will greet anyone driving up to the front entrance. We often have windows open at mght w sit on our deck to enjoy the quiet Wind generators have a continuous hum that would take ^^m this experience and not allow us to have windows open day or night We also fear that much of the wild life noW present would be scared away. There would be a need for lights (aircraft do fly m the area) tower that would also shine in our windows at night Our home value will certamly decrease. All of these issues concern us. I have caUed World Power Technologies Inc. The purposed wind tower is ninety feet high a^ reqi^ a ninety-foot diameter circle at iu base created by its guide wires. We have a concern about Ae location of those wires. Ifthestructure would fall it could be on our property or the DNR’s property. When asked about how many of these towers had been put into suburban locations, the World Power Techno ogiw Inc representative said, “these are almost always rural installations because suburban areas do not aUow them. Our street with its five existing homes would certainly be considered suburbaa A call to the University of Minnesota’s School of Engineering confirmed another concern. size draw lightning strikes. Lighting then goes to the highest point available, m this case, the wlar roots on any of the homes on Christine Drive that would oack up to it We feel this is a very real safety hazard and could effect homeowner’s insurance rues We are asking that you deny variance request #2420 and do not take any precederit setting action Codes serve the purpose of protecting the greater good of all the citizens of Orono. This is not a person^ iMue with the residents of 3535 Christine Drive, ft is our hope that another way can be found to resolve their ----»ms. Thank you for hearing ours.energy-------- Carlton and Marie Hagberg who reside at 3485 Christine Drive are on an extended trip I have contacted them and they share our concerns. Sincerely, ir'Susan Manikowski 3505 Christine Drive Orono, Mrt 55359 \ COUNC«.WI£^*^® REQUEST FOR COUNCIL ACTION SEP 1993 oo^'O Date: Sei^tember 24,1998 Item No.: Department Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Administrator Approval:Agenda Section: Zoning irtm Description: Proposed Zoning Code Amendment - Plumbing In Accessory Structures Ordinance Adoption List of Exhibits A - Propu ed Ordinance B - Ordinance Draft Showing Revision History C - Staff Memo and Ordinance Draft - September 18,1998 D - Staff Memo & Exhibits of July 16, 1998 E - Planning Commision Minutes July 20, 1998 Background Pfpaise revjf^w the memo and ex hibits of July 16, 199^ Summary of Code Amendment The proposed language for Section 10.03 Subd. 9F will generally regulate plumbing in accessory buildings as issuance of permits for outside silicocks and indoor water supply in ail accessory buildings. , . . 2. Allows issuance of permits for installation of fixtures requiring wastewater plumbing (other than toilet, bathtub or shower) subject to: a. Suitable septic system or sewer connection; and b. Owner must execute a covenant whereby owner agrees to: - No home occupation use unless approved or allowed by code. - No dwelling use excepL'unless via a guest house CUP - No rental/lease as a dwelling unit 3 Installation of a toilet, shower or bathtub will be allowed only via a "guest house CUP" or a "plumbing in accessory buildings CUP" for those uses which Council finds will not be detrimental to to the residential character of the neighborhood and are in keeping with the intended use of the accessory building. The proposed language for Section 10.20 Subd. 3Q creates a new topditiongUlSS in residential zones to be known as "Plumbing in Accessory Buildings" for those situations where a toilet, bathtub or shower will be installed, subject to the same conditions noted in 2a and 2b above. ater ode. ;ntial thtub Plumbing In Accessory Structures September 24,1998 Page 2 Planning Commission Recommendation The Planning Commission held a public hearing on this proposed amendment on July 20, 1998 pursuant to published and posted public notice. The July 20 review resulted m a contimwtion to a work session held August 14, 1998. The August 14 review resulted m direction to staff to m^e specific changes to wording. The final Planning Commission review was held on September 21, 1998 which resulted in a 6-0 vote to recommmend approval of the proposed ordinance with certain additional language revisions which have been incorporated into Exhibit A. The history of Planmng Commission revisions to the original draft ordinance is illustrated in Exhibit B. Staff Recommendation Staff recommends adoption of the attached ordinance per the Planning Commission recommendation. COUNCIL ACTION REQUESTED Adopt or amend the attached ordinance. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL ZONING CODE OF ORONO BY ADDING SECTION 10.03 SUBD. 9F AND SECTION 10.20 SUBD. 3Q REGULATING PLUMBING IN ACCESSORY BUILDINGS The City Council oi the City of Orono ordains: Section 1. Municipal Zoning Code Section 10.03 Subd. 9 is hereby amended by adding Subd. 9(F) as follows: Subd. 9. Accessor)' Buildings. F. Plumbing. The provision of outside sillcocks and indoor water supply shall be allowed in all accessory buildings. Because the provision of plumbing fixtures and wastewater plumbing in accessor)' buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the City to limit residential development density to the allowed densities within the respective zoning distncts, plumbing in accessory buildings shall be regulated as follows: 1 . Provision of any combination of fixtures requiring wastewater plumbing that docs not include a toilet, shower or bathtub shall be considered as an allowed accessoiy use in any accessory building subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a covenant providing that: , a. Accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. Accessor)' building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 2. Provision of any combinations of fixtures requiring wastewater plumbing that does include a toilet, shower or bathtub shall be allowed only via a 'guest house ’ or ’plumbing in accessoiy building ’ conditional use pennit as regulated in the zoning code, and subject to provision of municipal sanitaiy' sewer or a conforming septic system designed to handle the anticipated flows from such fixtures. 1 Section 2. Municipal Zoning Code Section 10.20, Subd. 3 is hereby amended by adding Subd. 3(Q) as follows; Subd. 3. Conditional Uses. 0 Plumbing in Accessory Building. The provision of a toilet, bathtub or shower m an accessory building. Approval shall be conditioned on provision of municipal samta^ sevver or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbine. Approval shall be granted only for those uses which Co^cil finds wdl not be detrimental to the residential character of the neighborhood and which Council finds are in keeping with the intended use of the accessory building. Approval will be subject to the property owner executing a covenant providing that: a. Accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Section 3. Adoption and Publication. This ordinance shall become effective upon adoption and publication. Adopted by the City Council of Orono, Minnesota on this 28th day of September, 1998 by a vote of ___^ayes and ___nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor PROPOSED CODE LANGUAGE ADDITIONS (REVISED 9-17-98 per PC Comments at 8-14-98 Work Session) (REVISED 9-24-90 ptf PC Commtol* ok 9-21-98 Rceulor Mcckins) ,*< 35 Section 10.03 Subd. 9. Accessory Buildings. F. Plumbing. The provision of outside sillcocks and indoor water sunplv shall bg allowed in 9ll accessory buildings. Because the provision of plumbinti fixtures and wastewater plumbing in arrpggnrv hiiildings has the potential to allow such buildincs to be used 9S duelling unit?, md becaus e >/ the policy of the City to limit residential development density to the_gllQwe(i densU kl within the respective rnnitw districts, plumbinu in accessory' buildings shall, be rggyil^tgd a? fQllQ\y si Provision of anv combination of fixtures req uiring wastewater plurnbiug thut dPS S not include a fcollak. shower or bathtub shall be considered as an allowed acgg?SPfy use in anv accessory building subject to provision of municipal sanitarv 91 .3 conforminc sewaee treatment system designed to handle the anticipated flpw$ froill s^irh fixtures and subject to the property owner executing a covenant Providing thall Accessory building will not be used for a home occupation UlllsSS specifically approved bv City or if allowed hv City code. Accessory building will not be used as a d welling unless 9 SUCSt bQU§£ CUP is obtained. C, Accessor\' buildinP will not be rented, leased or otherwise provided for use as a dwelling under anv circumstances. 2j. Provision of .anv combinations of fixtures requiri ng wastewater plumbing that dog .S iptl^lpde a loil«k. shower or bathtub shall be allowed only vi9 a ' gUC?l,hQUS? OE "plumbing in accessor\' building" conditional use permit as rcaulgtcd tP.th? i?i9nin fi t|»nde. and subject to provision of municipal sanitary sewer <?r U CQnlQrrpme Sgp.U£ svstf»m designed to handle the anticipated flow*? from such fixtures. Section 10.20 Subd. 3. Conditional Uses. O Plumbing in Accessory Building. Tltc provision of a kolUk. bathtub <?r tn 9H huildinu. Approval shall be conditioned on provision of munictPal sanOar?’ ?C^vcr OF 9 CPPfQ^rn^^2& sewage treatment system designed to handle the anticipated flows frgm the building pl^mbin&t Approval b« 9fank€d Oftiv for khoit Wfi which Couft^M will ftpk bl dakfimonkal ka kho f iidonkial characktr cf kho naiflhbpfhood oad which Cowbell PlAdj ara la ktaalae wikh kho laktndod ui€ ef kht accttiory buildlag. Approval will bt gybiesi to the property owner executing a covenant providinn thati ^ Accessory building will not he used for a home occupation onleSS specifically approved bv Citv or if allowed bv C itv Aceessorv huildino will not be used as a dwellinti unless a guest hPUSS CUP is obtained. Accessoiv building will not be rented , leased or olhef^eise prpvHicd fnr use as a dwelling under anv circumstancCiL >s /■99 Chair Smith and Planning Commission Members Michael P. Gaffron, Senior Planning Coordinator September 18,1998 Plumbing in Accessory Buildings - Revised Language At your August 14 work session. Planning Com.aission directed staff to make specific language additions and revisions to the proposed code amendment which would regulate plumbing m accessory buildings. The requested changes have been made and are indicated in italKS o attached draft, Exhibit A. Also included is the staff memo and exhibits of July 16. Summary of Code Amendment The proposed language for Section 10.03 Subd. 9F will generally regulate piumbing in accessory buildings as issuance of permits for outside sillcocks and indoor water supply in all accessory buildings. . . . 2. Allows issuance of permits for installation of fixtures requiring wastewater plumbing (other than bathtub or shower) subject to: a. Suitable septic system or sewer connection; and b. Owner must execute a covenant whereby owner agrees to: - No home occupation use unless approved or allowed by code. - No dwelling use except/unless via a guest house CUP - No rental/lease as a dwelling unit 3. Installation of a shower or bathtub will be allowed only via a "guest house CUP or a "plumbing in aecessory buildings CUP". The proposed language for Section 10.20 Subd. 3Q creates a new condiiioniti >" zones to be known as "Plumbing in Accessory Buildings" for those situations where a batht show'cr will be installed, subject to the same conditions noted in 2a and 2b above. Staff Recommendation staff recommends approval of the proposed language, noting that a majority of the ^ anticipated requests for accessory building plumbing will likely not require proposed language. If Planning Commission finds the proposed amendment acceptable, a recommendation tothe City Council would be in order. PROPOSED CODE LANGUAGE ADDITIONS (REVISED 9-17-98 per PC Comments at 8-14-98 Work session) (Revisions in italics) Section 10.03 Subd. 9. Accessory Buildings. F. Plumbing. The provision of outside sillcocks and indoor water supply shall be allowed in all acccssorN' buildings. Because the provision of plumbing fixtures and wastewater plumbing in accessoiv buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the Citv to limit residential development density tc the aliowed densities within the respective zonine districts, plumbing in accessory buildings shall be regulated as follo^v'St L Provision of anv combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be considered as an allowed accessory' use in any accessory building subject to provision of municipal sanitar%‘ sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property o\\T>er executing a covenant providing that: 2^ A cccssoia ' building will not he used for a home occupation unless specifically approved bv Citv or if allowed bv Citv code. b. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under anv circumstances. Provision of anv combinations of fixtures requiring wastewater plumbing that docs include a shower or bathtub shall be allowed only via a "guest house” or "plumbing in accessory building" conditional use permit as regulated in the zoning code, and subject to provision of municipal sanitary sewer or a conforming septic system designed to handle the anticipated flows from such fixtures. Section 10.20 Subd. 3. Conditional Uses. O. Plumbing in Accessory Building. 7'he provision of a bathtub or shower in an accessOfY huildinu. Approval shall be conditioned on nrovision of municipal sanitary sewer or a confoimipc .sewage treatment system designed to handle the anticipated Hows from the building plumbint’. and subject to the property owner executing a covenant providing that: a^ Accessory building will not he used for a home occupation unless specifically approved bv Citv or if allowed by Citv code. Iv Accessory building will not be used as a dwelling unless a guest house CUP is obtained. Ak >sor\’ building will not be rented, leased or otherwise provided for use as a dwelling under anv circumstances. To: From: Date: Chair Smith and Planning Commission Members Michael P. Gaffron, Senior Planning Coordinator July 16,1998 Subject: Proposed Zoning Code Amendment - Plumbing in Accessory Buildings Pertinent Code Sections Section 10.03, Subd. 9: Accessory Buildings Section 10.03, Subd. 11: Dwelling Use Prohibited Section 10.20, Subd. 3(G)(1) R-1A Conditional Uses: Guest Houses Attachments A - Proposed amendment language B - Staff Memo June 6, 1997 C - Public Hearing Notice D - Pertinent Code Sections Background StafTis constantly in receipt of requests to allow plumbing in accessory buildings. There is no clear direction in the zoning code that allows or prohibits plumbing in accessory buildings. We are proposing a code amendment that would provide some direction. Staff has attempted to maintain some consistency in dealing with this issue. Water supply lines have generally been allowed in an accessor)' building (such as a faucet for a hose), but not fixtures which require waste piping. Residents proposing bathrooms or other plumbing in accessory buildings have generally been required to apply for a 'guest house' CUP. Many applicants claim no intent to use their accessory building as a guest house, ycl certain levels or combinations of plumbing fixtures yield the potential to fully function as a sccondar>' dwelling unit on the property. OA problem that also often arises is that our guest house CUP standards require double the zonin district required lot area, which most properties don't meet. We need to reach a conclusion as to what degree plumbing in acessory structures should be regulated, and define what fixtures or combinations of fixtures trigger the need for a higher degree of regulation. The possible range in regulations might include: 1. Staff permit approval without restrictions. 2. Staff permit approval subject to specific restrictions or covenants. 3. Council action required for a CUP or variance. Plumbing in Accessory Buildings July 16, 1998 Page 2 Why Regulate Plumbing In Aeeessory Buildings? The ultimate goal is to preserve the integrity of single-family neighborhoods, avoiding the higher intensity of human activity associated with having more than one dwelling on a property. Most cities simply do not allow a second dwelling unit on a property. Orono Code has contained such a provision since 1962, but since 1968 (or possibly earlier) has also allowed a guest house as a CUP under virtually the same conditions as appear in the current code. We have experienced a (small) number of past situations where accessor)’ buildings with plumbing have been converted to dwelling/rental use without City approval. The magnitude of the potential problem is not huge, although with our many 'estate' properties there are a lot of existing caretaker cottages, for instance. Our goal has been to avoid creating situations where conversion to a dwelling unit can readily be accomplished by merely plugging in a stove and a refrigerator. Defining what constitutes a 'dwelling unit' is key to resolving our concerns. What Is A Dwelling Unit? Please review the comments in the 6/6/97 staff memo. The only direction in the zoning code definition of dwelling is language stating "...designed or intended to be occupied exclusively for residence purposes...". The Uniform Building Code indicates that a dwelling is characterized by containing "...living facilities, including provisions for .sleeping, eating, cooking and sanitation...". Provisions for sleeping, eating and to some extent cooking arc realized by providing 'plug-in' items: a bed, a table and chairs, a stove or microwave, a refrigerator. Provisions for sanitation, however, require plumbing: a sink, a toilet, and a shower or tub, and a water heater. These are items of 'infrastructure' which when present, make the conversion to a dwelling imminently possible. The building inspections staff have suggested that allowing a toilet and sink in an accessory building will not necessarily result in dwelling potential, but adding a tub or shower along with a toilet and sink can lead to separate dwelling potential. They note it is more common to get requests for a toilet and sink than for a tub or shower. Possible Options In order of least restrictive to most restrictive, Orono could follow one of these optional courses of action ("water supply" is simply water supply piping without wastewater piping, i.e. a hose connection; "partial plumbing" is wastewater plumbing that docs not result in a sink-tub/shower- toilet combination; "full plumbing" is when there is a sink-tub/shower-toilct combination): 1 Plumbing in Accessory Buildings July 16, 1998 Page 3 1.Allow staff to issue permits for water supply, partial and full plumbing in accessory buildings, and regulate the iise of those buildings under current code standards; i.e. conclude that it is the use, not the physical structure, that is being regulated. 2.Allow staff to issue permits for water supply and partial plumbing, but for full plumbing staff can only issue permit subject to a covenant in which the owner agrees that the structure will not be used as a guest house unless a CUP is granted, and prohibiting its use under any circumstances as a rental dwelling (we do something similar to this for oversize accessory structures). 3.Allow staff to issue permits for water supply, partial plumbing and full plumbing, but require a covenant for partial or full plumbing. 4.Allow' staff to issue permits for water supply and partial plumbing, but require a CUP for full plumbing. 5. 6. 7. Staff issuance of water supply, but covenant for partial plumbing, CUP for full plumbing. CUP for all plumbing. Prohibit all plumbing in all accessory buildings except when a guest house CUP has been granted (i.e. require a variance for anv plumbing in an accessory building when it is not intended as a guest house. 8. Some other combination of staff pcrmit/covenant/CUP. These options are summarized in the following matrix. Obviously, there are additional options within the matrix other than the 7 highlighted. Options 8 thru 13 would impose higher regulation on partial plumbing than on full plumbing, which doesn't necessarily make sense. Options 14-15-16 make full plumbing a variance with various levels of regulation for partial plumbing. FULL PLUMBING Oz. n S p p p < 2 Staff Staff/ COV CUP VAR Staff 1 2 4 14 Staff/COV 8 3 5 15 CUP 9 to 6 16 VAR 11 12 13 7 Plumbing in Accessory Structures July 16, 1998 Page 4 Staff Recommendation Staff would recommend a combined regulation as follows: A. Staff authorized to issue permits for water supply plumbing in accessory buildings. B. Any wastewater plumbing in an accessory building will require that a covenant be filed in the title including the following agreements: 1. Accessory building will not be used fyr^home occupation except if/when specifically approved by C'lty.ar 2. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. 3. Accessory building will not be rented out as a dwelling under any circumstances. C. Wastewater plumbing that includes a tub or shower will require a CUP. A conditional use to be termed "Plumbing in Accessory*SiweH^" will be added to the R-1A list of conditional i ses, and will require that the owner execute a covenant as noted in B above. The value in adding this new conditional use is that it would allow lull plumbing without having to meet the "double lot area" standard that is required for a guest house. The CUP and covenant would give the City clear enforcement authority if the conditions were violated. Also, the City could avoid being in the position of having to grant lot area variances or deny a guest house application when the lot is too small and there is no intent to use it as a guest house. To this end, proposed code revisions are attached as Exhibit A. Planning Commission Action Requested Provide staff with direction regarding the proposed amendment. 1 j, r'f - / PROPOSED CODE LANGUAGE ADDITIONS a: /I Section 10.03 V F ■ ■ '■• / Subd. 9. Accessory Buildings. F Plumhinp. The nrnvision of outside sillcocks and indoor water supply shall be allowed in all accessory' buildings. Because the provision of plumbing fixtures an(l wastewater plumbing in accessory buildings has the potential to allow such buildings to be used^lis dwelling units.-plvmbmg in accessory buildings shall be regulated as follows: L Proyision of any combination of fixtures rcquirinc \va$te\yater plumbine that does not include a shower or bathtub shall be considered as an allo\yed accessory use in any accessory building subject to proyision of municipal sanitary sewer or a conforming sewage treatment .system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a covenant providing that: Accessory building will not be used for a home occupation unless specifically approved bv Cityr^p f ' '* l2i Accessory building will not he used as a dwelling unless a guest house Clip is obtained. Accessory’ building will not be rented ouCas a dwelling under anv circumstances.:)r 9 Proy ision of anv combinations of fixtures requiring yvasteyvater plumbing that does include a shower or bathtub shall be alloyved onlv via a "guest house" or "plumbing Jj,...^ in accessory building" conditional use permit as reculated in the zoning code, and , 'J subject to provision of municipal sanitary seyver or a conforming septic system O t designed to handle the anticipated floyvs from such fixtures, . - ... L. Section 10.20 Subd. 3. Conditional Uses. n. Plumbiny in Acce.ssorv Building. The provision of a bathtub or shoyver in an acce?SQDl huildiny. Approval shall he conditioned on provision of municipal sanitary seyver or a conformiog seyvape treatment system dcsii^ncd to handle the anticipated floyvs from the buildine plumbing, and suhicct to the property oyy’ner executing a covenant providing that: Accessory building yvill not be used for a home occupation unless specifically approved bv City.- t v ■ b^ Accessory huildinp yvill not he used as a dyvelling unless a guest house CUP is obtained. Accessory huildine yvill not he rented out as a dyvelline under anv circumstances. ;0. B Ron Moorse, City Administrator Mayor Jabbour and Council Members Michael P, Gaffron o June 6,1997 Subject: Policy Discussion - Plumbing In Accessory Structures Should Accessory Buildings Be Allowed Plumbing? The zoning code does not specifically prohibit plumbing in accessory buildings. Homeowners often wish to have plumbing in accessory buildings for typical single family residential i^es such as potting sheds, yard maintenance equipment, workshops, art studios, home offices, washing cars, etc. as well as for other uses which require special permits (such as guest houses), or for uses which currently are not allowed in accessory buildings (such as home occupations). Because the incidence of plumbing in an accessory structure can lead to uses requiring special approval or which are not allowed, staff finds it difficult to respond to what seems like an ever- increasing number of requests for such plumbing, especially when it involves addition of a shower or toilet. In the past, the City has on a number of occasions forced the removal of plumbing from existing accessory buildings, allowing the homeowner to avoid paying a second sewer unit. This policy, when applied to new accessory buildings, suggests that such buildings should not have plumbing. Yet it may be perfectly reasonable to allow certain plumbing fixtures for certain residential uses, without such use constituting a second dwelling unit. Summary of Policy Issues 1. What plumbing fixtures should be allowed in an accessory building without Council review? 2. 3. At what level of plumbing does an accessory structure have the potential for secondary dwelling use or non-residential use? When is a restrictive covenant an appropriate alternative to a guest house CUP? Does Council wish to review/approve all restrictive covenant situations? 4. (Separate but related issue) Sewer unit assessment policy related to accessory buildings with plumbing. B i\ r- er ‘g y. g- IS, ,v? ir>’ >es ith Plumbing in Accessory Structures June 6, 1997 Page 2 Accessory Structure Not To Be Used As Dwelling Except By CUP Zoning Code Section ) 0.03 Subd. 11 states: "Dwelling Use Prohibited. No cellar, basement, tent, trailer or accessory building shall at any time be used as an occupied dwelling". An accessory building witli the potential to be used as separate dwelling unit creates a poteptjqil violation situation. However, Code Section 10.20 Subd. 3 (G)(1) provides for one special circumstance under which an accessory building mav be used for dwelling purposes via a Conditional Use Pemit in residential zoning districts: "Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house." What Constitutes a 'Separate Dwelling’? A primary issue for Building & Zoning staff is to detemiinc whether or when a guest house CUP is required for a given accessory structure project . This detemiination relies on a definition of what factors make an accessory structure a dwelling. The zoning code definition of'dwelling' is: "Dwelling - A building or one or more portions thereof designed or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms." The terms 'building', 'boardinghouse', 'motel' and 'hotel' arc further defined in the zoning code. It is unfortunate, however, that the physical features that difierentiate a building that is a dwelling from one that is not, are not defined. We then must turn to the Building Code, which indicates that a dwelling is characterized by containing facilities for "sleeping , eating, cooking and sanitation." The building code also indicates a number of other features of a habitable dwelling: a separate closet, a kitchen sink, refrigeration, a cooking appliance, and plumbing to include as a minimum a toilet, a tub or shower, and a lavatory. One could also argue that in Minnesota, a source of heat is also necessary during a portion of the vear. Permanent Fixtures vs. Personal Property' The next difficulty is that many of the physical objects which would reasonably and normally be used for the activities of 'sleeping, eating, cooking and sanitation' are not fixtures, but can be Plumbing in Accessory Structures June 6,1997 Page 3 relatively mobile items of personal property rather than real property, i.e. a bed, perhaps a space heater, table/chairs, a microwave oven or even an electric or gas stove and a refrigerator. These 'portable' items can be brought into and removed from a building 'at will' and, significantly, without the requirement of a building permit, hence using them to define whether a building is or isn't potentially functional as a dwelling, is not practical. However, the function of sanitation generally requires permanent fixtures which are readily distinguishable from personal property, and which technically require that a building pemit be issued. Toilets, showers, tubs and lavatories fall into this category. And, most heating equipment falls into this category. Presence or Absence of a ’Kitchen* For some time staff has considered that the presence or absence of a 'kitchen' is a key determinant of dw elling status. Also, staff has generally considered that a secondary kitchen within a dwelling is one of the key factors that can create an apartment unit, and has usually noted to the builder/owner via the plan review that use of the second kitchen for a separate dwelling unit requires City approval (guest apartment CUP). The problem here is that the only permanent fixture in a kitchen may be a kitchen sink, and a lavatory in a bathroom might scr\'e the same function. Typical Acccsssory Building Utility Amenities It is not uncommon for accessory' buildings to be provided with electricity, not only for lighting but for many other purposes (lawn maintenance, workshop, etc.). A telephone jack might also be placed in an accessory building for convenience. Less common would be natural gas, except for heating purposes. Water piping might be common in an accessory building for someone who is a gardener, witli a washtub or sink. A home workshop in an accessory building might include a toilet and lavatory' for convenience. Less common in an accessory building are a shower or bathtub, both of which also would presumably be ser\'ed by a water heater. Such a fixtures teclinically would require a permit from the City, and arc perhaps the primary 'built-in' features most likely to make a building suitably functional as a stand-alone dwelling. In our society, where the majority of individuals tend to bathe on a regular basis, the absence of a show er or tub sugge sts a space that, even if Provided wUh mOSt other amenities, is not intended for anything more th gn short term use. Without a tub or shower, it is not livable. By the same token, w ithout a toilet, it is not livable. Yet the presence of a shower stall in an unheated garage for seasonal or occasional use by the homeowner to remove the grime from a hard day 'in the coal mines', hardly would constitute a separate dwelling umt in itself. This suggests Plumbing in Accessory Structures June 6,1997 Page 4 tliat perhaps a shower or tub in combination with a toilet is necessary to comprise a functional, if not necessarily legal, dwelling unit... It may therefore be reasonable to define whether a structure or space is a (potential) dwelling unit by the presence or absence of a bathtub or shower in combination with a toilet. Restrictive Covenant: Alternative to CUP? Staff would welcome a clear policy statement on what fixtures can be allowed in an accessory building without requiring a Guest House CUP. The policy becomes more difficult to define now that the Council has in at least one case allowed an accessory building to contain a shower and a toilet, with a covenant filed in the title stating that the building may not be used as "an alternative living space, guest house, secondary residential unit, mother-in-law apartment, rental structure, or the like". It is staffs impression that Council has taken the position that even though an accessory structure has the amenities to be used as a second dwelling unit (i.e. it looks and smells and feels and tastes like a guest house), the determinant of whether it needs a CUP is the owner’s intended use of the structure. And, if the owner does not intend to use it as a guest house even though it can easily function as one, a covenant filed in the title wherein the owner agrees to not use it as a dwelling presumably at least gives the City the right to sue for breach of covenant, if it is subsequently used as a dwelling unit. The covenant also notifies future owners of the property that dwelling use is not allowed. But such a covenant does not result in physical traits of the structure being created in a manner non- conducive to dwelling use. It effectively allows all the necessary physical features for a dwelling to be put into place, then assumes the homeowner and all future homeowners will abide by the restrictions (similar to allowing the manufacture of cars that can go 120 miles an hour when the speed limit is 55). 'Sewer Connection Charge’ Policy Has Been Implemented Inconsistently This is a separate but related issue. Council action regarding sewer connection charges for properties with guest houses has been inconsistent when viewed over the past 10-15 years. In the past, where sewer was available, approval of a guest house CUP was accompanied by a requirement that a sewer unit connection charge be paid, regardless whether the property confomied to lot area requirements. However, in the recent (1994) Stoddard request for a Guest House CUP on sewered property in which the lot did not meet the 'double area' standard. Council chose to not require a connection charge, apparently on the theoiy that charging one would provide a future basis for the property owner to demand lot area and width variances for a future subdivision. A clear policy must be established to avoid future inconsistencies. i: Plumbing in Accessory Structures June 6,1997 Page 5 Policy Questions 1 What combination of fixtures or facilities is necessary 'o consider a structu: as a potential 2. 3. guest house or accessory dwelling unit? Given Council's recent action to allow, via covenant, all the physical improvements which make an accessory structure functional as a dwelling, is it Council's intent that staff take into consideration the intent of the owner (not just the physical improvements to the building) when reviewing accessory building plans? Does Council wish to review each individual case, or should staff determine whether a CUP or covenant is most appropriate for a given application, and let staff deal with the covenant situations? 4 Does Council wish to review the assessment policy for secondary dwelling units? Note that the current policy approved by Council in 1984 came into play in determining the number of units for the Bracketts Point sewer. Staff Recommendation Council is requested to review the policy issues and provide staff with direction. Optionally, this could be referred to Planning Commission, tabled for more information (specify) or discussed at a work session. § 10.03 Subd. 7. One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. >1 Subd. 9. Accessory Buildings. A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. In all ''R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of foot­ print area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non- encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) r § 10.03 2. Oversized Accessory Structures regulated by the following table: are Lot Area 0- 2.00- 3.01- 3.51- 4.01- 4.51- 5.01- 6.01- 7.01- 8.01- 9.01 1.99 3.00 3.50 4.00 4.50 5.00 6.00 7.00 8.00 9.00 acre acre acre acre acre acre acre acre acre acre acre or more Maximum Individual Accessory Structure Footprint Area 1.000 s.f. 1.200 s.f. 1.400 s.f. 1.600 s.f. 1,800 s.f. 2.000 s.f. 2.200 s.f. 2.400 s.f. 2.600 s.f. 2.8.00 s.f. 3.000 s.f. Maximum Allowed Total of All Accessory Structure Footprint Areas* on a Property 2.000 s.f. 2.400 s.f. 2.800 s.f. 3.200 s.f. 3.600 s.f. 4.000 s.f. 4.400 s.f. 4.800 s.f. 5.200 s.f. 5.600 s. f. 6.000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ORONO CC 255-1 (8-14-89) i i » I 1 I I I I I I i ■ I 0 I ■ I I a I I I I I I b I § 10.03 ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section shall not apply to lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2, Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source; Ordinance No. 155 Effective Date: 2-14-74 ORONO CC 255-2 (4-1-84) § 10.03 E. Setbacks. Accessory structures in excess square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. Source* Ordinance 72, 2nd Series Adopted: 8-14-89 Subd. 10. Conditional Use Permit Required. All acces­ sory buildings on through lots located in "R" Districts shall require a conditional use permit. an occupied dwelling. ORONO CC 255-3 (4-1-84) \ V» I I f 1 I ) J § 10.20 SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-lA" One Family Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-lA” One Family Residential District# no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any "R-lA" One Feimily Residential District# no structure or land shall be used for the following uses except by conditional use permit; A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play# and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper# convents or homes'for persons related to a religious function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R” District. C. Clubs# Camps# etc. Golf courses# country clubs# tennis clubs# public swimming pools serving more than one family# scout camps# YMCA camps# YWCA camps# church camps# or private non­ profit parks# playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an "R" District# and accessory structures shall be a minimum of fifty feet from any lot line. ORONO CC 279 (4-1-84) ■in;vf.2iurT'.. 1 § 10.20 D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booste pressure regulating stations, wells, and plumbing stations, stated tanks, lift stations and electrical power substations, provided no building shall be located within 50' from any lot line of an abutting lot in an ”R" District. Prior to granting such permit it shall be found that the architectural . g®^Q^be structures is compatible to the neighborhood in which it is to te located and thus will promote the general welfare. Public structures as defined above that have been approved by the City a required public hearings for public improvement proDects shall require a conditional use permit but ^uch structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans fl"^the placement of these structures will require written City to all affected property .owners 14 days prior to the adopt of the amended plans by the Council. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen t e structures. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 F. Recreation Areas. Private gun clubs, archery ranges, ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 G. Guest Houses & Non—rental Guest Apartments 1) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 ORONO CC 280 (4-1-84) i I I I I I I I I li il 4 il li U El r I If fi § 10.20 2) Non-rental Guest Apartments. An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residencer including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. Source: Ordinance 29, 2nd Series Adopted: 2-23-87 H. Planned Residential Development. Limited to detached single family dwellings only and subject to the limitations of Section 10.32^ I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service is available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. L. Farms (Crop and stock). Provided that the area is ten or more acres. M, Animals. The keeping of domestic animals for non-commercial purposes including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. ORONO CC 280-1 (4-1-84) 1 § 10.20 N. Stables and Barns - Private. The use of an accessory building for keeping animals for non-commercial purposes provided it is for the non-commercial use of the property owner or resident and meets the available area standards outlined in Paragraph M of this subsection. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. 0. Stables and Barns - Public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such must meet the requirements of Section 10.03, Subdivision 18. Further, no such structure shall be located less than 150 feet from the nearest lot line. P. Riding Academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of Sections M, N and 0 of this subdivision and no such instruction shall occur less than 100 feet from^ an adjacent re'sidence or less than 75 feet from the nearest lot line. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 ORONO CC 280-2 (4-1-84) I I fi I I I I I I I I I I I I I I I I *»• 1 § 10.20 M. Antenna Structure. One independent structure with antenna or combination of antenna attached thereto, “boldinU to and servicing the principal cse or, structare on the same lot and customarily incidental thereto that is not another structure provided the height of the g^om any not exceed 65 feet and the antenna structure Tot line a distance at least equal to the total height of the antenna structure. Source: Ordinance No. 177 Effective Date: 6“5**75 Subd. 4. Accessory Uses. Within any "R-IA" °"®. Residential District, no accessory be permitted except for one or more of the following uses. A. Garages. Private garages and parking . B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any gainful occupation meeting all of the following requirements when engaged in ^ persons residing in their dwelling, when there is no employ®^ Lsistant, when that occupation is conducted within structure only, when evidence o£ the occupation is the street, no signs other than those permitted in R Districts are orellnt, no exLssive stock in trade is stored on the P^®^^^®®®; ovL‘the counter retail sales are not involved, the entrance to the home occupation is gained from within ^he ®tructure, and the use rioes not adversely affect the character of the uses permitted in the district in which it is located. A professional his residence for consultation, emergency treatment of religious rites but not for general practice of his when such general practice will involve the need for more than three off-street parking spaces for the occupant and visitors. D. Signs. Signs as regulated in the Zoning Chapter. Temporary Structures. Buildings temporarily located for purposes of constructing on the premises for a perio not to exceed time necessary for such constructing. F. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative landscape features. G. Roadside Stands. One roadside stand for sale only farm products produced on the premises . such stand does not exceed 200 square feet .®'=®®X^ A’’® ‘ located at least thirty feet back from the public right of way. Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-34) 10.20 itenna ereto, 5n the iied to 5 does >m any »f the Family shall e. tennis pat ion nly by ployed .ncipal ,e from itr lets imises, to the ;he use ted in nay use jrmance Session e than s. Zoning >rarily period ultural ffering led that t it is ray. . S 10.20 H. Antenna. Any antenna or combination of antenna rigidly attached to the principal or accessory that none of the foregoing exceeds the total height allowed Section 10.75. Source: Ordinance No. 177 Effective Date: 6-5-77 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. be observed: B. Lots. The following minimum requirements shall Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent to Street 1 acre 140 feet 35 feet 10 feet 30 feet 35 feet SBC. 10.21. R-IB ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-IB" One Family Residential District is intended to provide a district which will allow denser residential development. Planned Residential Developments may be allowed by conditional use permits. The district shall have immediate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within the "R-lB” One Family Residential District, no land or structures shall be used except for one or more of the following uses: A. Any permitted use as regulated in the ”R-1A” District. Subd. 3. Conditional Uses. Within any ''R-IB'* One Family Residential District, no structure or land shall be used for tne following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 4. Accessory Uses. Within any "R-IB" One Family Residential District, the following uses shall be a permitted accessory use: 4-1-84)District. A. Any accessory use as regulated in the "R-lA” ORONO CC 282 (4-1-84) 1994 UNIFORM BUILDING CODE 205-207 \i i DISPENSING is the pouring or transferring of any material from a container, tank or similar vessel, whereby vapors, dusts, fumes, mists or gases may be liberated to the atmosphere. DISPERSAL AREA, SAFE. See Section 1021.2. DRAFT STOP is a material, device or construction installed to restrict the movement of air with­ in open spaces of concealed areas of building components such as crawl spaces, floor-ceiling as­ semblies. roof-ceiling assemblies and attics. DWELLING is any building or portion thereof which contains not more than two dwelling units. D\V ELLING UNIT is any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for 10 or less persons. SECTION 206 ~ E EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room. ELECTRICAL CODE is the National Electrical Code promulgated by the National Fire Pro­ tection Association, as adopted by this jurisdiction. ELEVATOR CODE is the safety code for elevators, dumbwaiters, escalators and moving walks as adopted by this jurisdiction (see Appendix Chapter 30). EMERGENCY CONTROL STATION is an approved location on the premises of a Group H, p Division 6 Occupancy where signals from emergency equipment are received and which is continu- p ally staffed by trained personnel. F EXISTING BUILDINGS. See “building, existing.” EXIT. See Section 1001.2. EXIT COURT. See Section 1001.2. EXIT PASSAGEWAY. See Section 1001.2. SECTION 207 — F FABRICATION AREA (fab area) is an area within a Group H, Division 6 Occupancy in which there are processes invoK ’ng hazardous production materials and may include ancillary rooms or areas such as dressing wtrvib and offices that are directly related to the fab area processes. FAMILY is an individual or two or more persons related by blood or marriage or a group of not more than five persons (cxcluJ r^ servants) who need not be related by blood or marriage living together in a dwelling unit. FIRE ASSEMBLY. See Section 713.2. FIRE CODE is the Uniform Fire Code promulgated by the International Fire Code Institute, as adopted by this jurisdiction. FIRE RESISTANCE or FIRE-RESISTIVE CONSTRUCTION is construction to resist the spread of fire, details of w hich are specified In this code. FIRE-RETARDANT-TREATED WOOD is any wood product impregnated with chemicals by a pressure process or other means during manufacture, and which, when tested in accordance w ith U.B.C. Standard 8-1 for a period of 30 minutes, shall have a flame spread of not over 25 and show no evidence of progressive combustion. In addition, the flame front shall not progress more than 10 V: feet (3200 mm) beyond the center line of the burner at any time during the test. Materials w hich may be exposed to the weather shall pass the accelerated weathering test and be identified as Exterior type, in accordance with U.B.C. Standard 23-5. Where material is not directly exposed to rainfall but exposed to high humidity conditions, it shall be su’ *ected to the hygroscopic test and identified as Interior Type A in accordance w ith U.B.C. Standard 23-5. 1-15 \ A" ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (#2396 CKnt and Jodi Morrison, continued)/ m moved, Hawn seconded, to approve Application #2396, gran^ting of a variance to , average lakeshore setback, and a variance to allow an existing accessory structure McMillan m lot size,------------------------------------------------------------------ . - to remain during the reconstruction period for property located^'3510 Bayside Road. VOTE: Ayes 6, 'Nays 0. (#16) #2397 JOE 8i l^LIE LUCAS, 1060 BROWN ROAD^ORTH - VARIANCES, 9:58 p.m. - 10:00 p.m. \ / The Certificate of Mailing ^ Affidavit of Publication.were noted. Joe Lucas was present. Weinberger staled the subject properly is located in the LR-1A zoning district, which has a two acre minimum. The property consists of\s3 acres. The Applicants are requesting a variance from side yard setback requirements to allow am^dition to the residence. The proposed structure would be nine feet from the lot line, with the exis^g structure being located 9.4 feet from the side lot line. The zoning district requires a 30 foot^sid^yard setback. Weinbt<ger stated the Applicants a^e prop^qg to remove and replace the garage foundation due to excessive ground water erosion and will be adding four new sump baskets to solve the ground water problem. ,/ \ \ Staff recommends apprcval of the application. \ Berg commented the property might be situated on a spiking which could be causing the water problems. / 'v. / \ Lucas remarked the garage is located is on a spring, with a Vjajorily of the water problems being corrected wheri,Brown Road was improved. The water will be channeled to a creek located at the back of the property. There we^no public comments. Stodd^d moved, Hawn seconded, to approve Application #2397,''granting of a variance from'^ide yard setbacks for replacement of the garage foundation to add a basement and dtilm tile to support the addition currently under construction, and^r additional living ^^^ce for property located at 1060 Brown Road North. VOTE: Ayes 6,\Nays 0. (#17) ZONING AMENDMENT - SECTION 10.03 AND 10.20, RE: PLUMBING IN ACCESSORY STRUCTURES Gaffron reviewed his report dated July 16.1998. regarding the proposed zoning code arnendmenl dealing with plumbing in accessory buildings. Gaffron suggested the Planning Commission consider having various levels of regulations dealing with the different accessory structures that could house plumbing. The possible range in regulations might include. 1) staff permit approval without restrictions; 2) staff permit approval subject to specific restrictions or covenants: and 3) 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 suggested 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. Gaffron replied the City has been dealing with these requests for the past ten years and anticipates it will continue in the future. Van Zomeren suggested the number of accessory structures with plumbing on the property be limited. Lindquist recommended limiting it to one accessory building with plumbing. Gaffron stated if the buildings are connected by an enclosed walkway, according to the building inspector they are considered one structure. McMillan inquired whether the property 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. Stoddard 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 Smith suggested ttie 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 COUNCIL M££TINQ Application Date: 6/18/98 Completion Date: 6/18/98 Extended Deadline Date: 10/15/98 SEP 2 8 1998 CITY O'" REQUEST FOR COUNCIL ACTION DATE: 9/25/98 ITEM NO.H Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2389 Daniel J. Kluth 2801 Fox Street Conditional Use Permit Zoning District: LR-IA One r lily Lakcshore Residential District (2 Acre) Lot Area:118,268 square feet (2.71 acres) Application: This application was originally received on June 18,1998 as a request for a conditional use permit for a guest house. Mr. Kluth has constructed an accessory building on the lot to be used as a "game building". The intent of a game building is added space for family activities and hobbies. A guest house CUP is necessary to install plumbing in the structure. The applicant has stated he would only install one toilet and one sink in the building. Subject to Council approval of a Zoning Code Amendment to allow plumbing in an accessory structure as a Conditional Use Permit. The Planning Commission has reviewed and recommended approval of an amendment proposed by staff that would allow a CUP for plumbing in accessory building: for a toilet and sink, as opposed to the guest house CUP that would be required to install a shower or bathtub. Should the City Council adopt the code amendment, the applicant has requested a Plumbing in Accessory Structure Conditional Use Permit subject to the following conditions: 1.The property owner will execute a covenant prohibiting the accessory structure ever be used as a dwelling unit. 2.The accessory building will not be used for a home occupation unless approved by the City or if allowed by Code. 3.The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval on a vote of 6 to 0 to approve a Conditional Use Permit for plumbing in an accessory building for a toilet and sink, based on the proposed Zoning Code Amendment. COUNCIL ACTION REQUESTED Direct staff to draft a resolution based on the proposed Code Amendment to allow a plumbing in an accessory structure as a Conditional Use Permit. II TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM; Paul Weinberger, Assistant Zoning Administrator DATE: September 14,1998 SUBJECT: #2389 Daniel J. KJuth 2801 Fox Street Conditional Use Permit-Variance partially due to the construction season soon ending and the extended deadline approaching. An extension of the deadline can certainly be granted by staff or by request of the applicant. Although Mr. Kluth has indicated he would welcome a recommendation at this time, and an opportunity to bring the application to the City Council with the understanding the Planning Conunission is reviewing several options on regulating plumbing in accessoiy structures. Attachments: Notice of Planning Commission Action 60 Day Extension Letter Memo from Stephen Weckman, City On-Site Systems Manager Staff Report crA;.V^GlTYof ORONO Mnnld|Ml Offices Street Address: 2750 Kelley PstWrsy Orono. MN 55356 MeNIng Address: P.O. Box 66 Crystal Bay, MN 55323-0066 NOTIFICATION OF 60 DAY EXTENSION July 28,1998 Daniel J. Kluth 2801 Fox Street Long Lake, MN 55356 Re: Application #2389 State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application was submitted on June 18.1998. The 60 day review period expires on Aug.uaLlL 1998. Your application has been extended 60 days to allow time for the Planning Commission to review the Zoning Code as it relates to plumbing in accessory structures. The new expiration date is October 15. 1998. The Planning Commission tabled your application to the August 17,1998 meeting. The earliest potential date that the City Council could take action is August 24,1998. Please do not hesitate to contact me should you have questions. Sincerely, Paul Weinberger Assistant Zoning Administrator Tdcpbone (612) 47»>7357 • FAX 47^0510 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Daniel J. Kluth 2801 Fox Street Long Lake, MN 55356 TYPE OF APPLICATION: DATE OF MEETING: 7/20/98 ZONING FILE #2389 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 7/21/98 COPIES TO: Variance/Conditional Use Permit VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for the Planning Commission and City Council to review the zoning code as it relates to plumbing m accessory buildings. NOTES AND SPECIAL CONDITIONS: The applicant has agreed to extend the deadline for an additional 60 days. You will be notified by mail of the meeting date and time. 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\CAROLBPCACTlOVt2389 TO:Paul Weinberger, Assistant Zoning Administrator FROM: Stephen Weckman, On-Site Systems Manager DATE:July 29, 1998 SUBJECT: Septic Review for Application #2389, Daniel J. Kluth - Conditional Use Permit This memo is a review of the septic system capacity at 2801 Fox St. due the applicant's proposed accessory structure. The City and State regulations determine the septic system sizing for residential uses based solely on the number of bedrooms. Additional bathroom or plumbing fixtures do not require additional septic tank or drainfield capacity unless the fixtures can be expected to cause unusually high flows. The existing on-site system serving the residence is designed for a four bedroom dwelling. As long as the residence still has only four bedrooms, no alteration of the septic system is required at this time. TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:July 13,1998 SUBJECT: #23 89 DanielJ. Kluth 2801 Fox Street Conditional Use Permit—Variance-Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 Acre) Lot Area:118,268 square feet (2.71 acres) Application:The applicants are requesting a conditional use permit for a guest house that will be used as a "game building". The structure will be located on the same lot as their residence. A conditional use permit is necessary for plumbing to serve the building. The applicants have stated they only intend to have one toilet and one sink installed. A lot size variance is required for the guest house. The Code requires lots with guest houses must meet density requirements. Lots in the LR-IA (2 acre) zoning district must be a minimum of 4 acres to support a guest house. The applicant's lot is 2.71 acres. Background:A building permit was issued to the applicant on June 10,1998 to construct the building as an accessory structure. This is a permitted use. The need for plumbing in the building requires a conditional use permit, as well as the variance from minimum lot size. In 1991 the City Council granted a variance from front yard setback to build a detached garage in front of the existing residence. The garage was constructed in 1992. I»:3S9 DanItIJ. Kluth 2SO I Fox Street Variance - Conditional Use Permit 7/20/98 Page\ Pertinent Ordinances: • Section 10.02, Subd. 1 Definition of Accessory Use or Structure • Section 10.02, Subd. 28 Definition of Guest House • Section 10.03, Subd. 7 One Building Per Lot • Section 10.03, Subd. 9 Location • Section 10.03, Subd. 11 Dwelling Use Prohibited • Section 10.03, Subd. 12 Crowding Principal Structures ANALYSIS T.ot Area and Yards LR-l A (2 acre)Lot Area Lot Width Rear Yard Side Yard Street Yard Required 87,120 s.f. (2 acres) 200’50 ’ 10’accessory structures 30 ’50 ’ Proposed 118,268 s.f. (2.71 acres) 465.93'39.7 ’172'\1T A lot with a guest house requires double the minimum lot size to maintain density. The subject lot is 2.71 acres. A variance must be approved from minimum lot size for this lot. All other setbacks for the new structure are met. %2i89DankU. Ktulh 2801 Fox Street Variance - Conditional Use Permit 7/20/98 Page! This application requires two parts. A will analyze the Conditional Use Permit. The structure will be considered a guest house requiring the lot to be a minimum of 4 acres. The lot is only 2.71 acres requiring a lot size variance to grant a Conditional Use Permit. The variance is reviewed in B. A. Conditional Use Permit Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The pool house is considered a "guest house" for the purposes of zoning regulation. It is located on a lot that does exceed minimum lot size requirements for the residence, but will require a lot size variance for the guest house. It will be architecturally compatible with the principal structure. The proposed conditional use permit is consistent with the Comprehensive Plan. 2.That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The game building will be required to meet all current building code requirements. The structure will have plumbing and heating. It will not have a detrimental effect on adjacent properties. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The footprint of the buildings is 1152 square feet. The height of the guest house is less than the principal residence. The game building is also more than 10' from the house. nmDamtU. Kluih 2801 Fox Street Variance - Conditional Use Permit 7/20/98 Page 2 B. Variance i i STATEMENT OF HARDSHIP The applicant's statement of hardship is included as an attachment to this report. The applicant should also be asked for their testimony regarding this issue. rriteria for Determining I Indue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The applicants had considered adding to their home, but due to drainage problems on the lot the only way to gain additional indoor recreation space the applicant felt it was necessary to construct a detached accessory structure. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot has some drainage problems that may have impacts on the lot if the addition would be attached to the principal residence. 3 . The variance, if granted, will not alter the essential character of the locality. The structure w ill not change the appearance of the neighborhood. 4.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. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not perrnit 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. 02389 DanlelJ. Kluth 2801 Fox Stnel Variance - Conditional Use Permit 7/20/98 Page 4 7. 8. 9. 10. 11. The use of the property will remain residential. The application is for plumbing in an accessory structure which the Code does not address. In the past plumbing in an accessory structure has been defined as a guest house. 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. Mr. and Mrs. Kluth have agreed to place a restrictive covenant on the deed to run vrith the land which would prohibit the use of the building as any sort of living quarters. The special conditions applj'ing to the structure of land in question are peculiar to such property or immediately adjoining property. The property contains a drainage pattern that would be impacted by extending the residence. The conditions do not apply generally to other land or structures in the district in which said land is located. The residence is built into a hill and water naturally flows from the higher southwest comer of the lot to the northeast comer. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot could support an addition to the home absent of a drainage problem. To maximize livable space without interrupting the natural water flow the applicant is constructing an accessory stmcture separate from the principal. 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 game building will be required to meet all current building code requirements. The stmcture will have plumbing and heating. It will not have a detrimental effect on adjacent properties. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. M2389 DanielJ. Kluth 2801 Fox Street Variance - Conditional Vie Permit 7/20/98 Page 5 The variances for lot size are due to the inability to construct an addition to the home. The second variance from rear lot setback requirements may be a convenience to the applicant resulting from an accessory structure converting to a guest house. Issues 1.A building permit has been issued for the structure and construction has begun. This is permitted because it is an accessory structure and meets all lot requirements and setbacks. This is a two part application. A conditional use permit is required for a guest house, and a variance is required on lot size to preserve density within the zoning district. 3.The game house does meet minimum setback requirements as an accessory structure. Although, in some cases a guest house has been positioned considering the possiblility for a two-lot subdivision. This would require the guest house to be positioned 60 feet from the principal structure, therefore meeting the 30 foot setback requirement should the lots be split in the future. Another consideration is setback distances for a guest house to meet those of a principal structure creating a conforming situation at the time a lot were to subdivide. 4.The applicants have agreed to place a restrictive covenant on the deed to run with the land which would prohibit the use of the building as any sort of living quarters. StafT Recommendation Planning Commission consider the issues and facts to determine a recommendation. Attachments \ B C D E F G Applicant Letter and Attachments Location Map Plat Map Survey Topographic Map Property Owners List Permit Record ^2389 Dante! J. Kiuth 2801 Fox Street I'anance - Conditional Use Permit •/ia 98 Page 6 1 r EXHIBIT A June 18, 1998 2801 Fox Street Long Lake (Orono), MN 55356 Orono Planning Commission City of Orono P.O. Box 66 Orono, MN 55323 re: Application for a Conditional Use Permit and/or Variance To whom it may concern: Attached to this letter, please find ouri application for a Conditional Use Permit to allow us to add a small bathroom to a Game Building we are constructing on our property. Also attached to this letter please find a descriptive index of the attachments. This letter will serve to describe our request in detail. The Need for the Additional Soace We decided last year that we have a need for extra space for our home. Our home was built in 1985 and I purchased it in 1990. The house has no basement since the lower level is completely finished. The lower level includes our childrens’ bedrooms, a bathroom and family room. There is also a small, partially finished laundry room and a very small, closet-sized storage area used as a work area. Our children (ages IVi and 12) have lamented the fact that there is insuffident space in our house for larger games or projects. For example, I have a large collection of 1950's vintage Lionell trains that we set up in the family room of our house a few years ago. The train board required to support the set of trdns was eight feet square and took up half the family room. We have since dismantled the train set because we don’t have the space to use it. ’ Note: Although “we” and “us” is used throughout this letter to describe my wife, Maggi G. Kluth, and me, my marriage to Maggi was subsequent to my ownership of the land. Therefore, title in the land at this time lies only with me. This Request for a Conditional Use Permit Is therefore submitted in my name only but it is with the full support of Maggi G. Kluth. M 9 Q Q Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 2 of 5 Options for Expanding Existing Home Area In viewing our options for more space, we came to the conclusion that adding on to the house was not a viable approach. The only available location for the addition would have to be on the east side of the house. This would destroy the architectural beauty of the house, and, more importantly, disrupt the natural water flow and dr^age over the land. Since the house is built into a hill, it is essential that the water be allowed to flow around the buildings from the higher south-west comer to the lower north-east comer of the lot. Since there is a valley between the east side of the house and the rest of the east side of the lot, an addition to the east side of the house would fill in the drainage path from the rear of the house. In the past, we have installed multiple drain tile and drain lines from the house and the rear area though the valley to drain from the rear area to the lower north-east comer of the lot. As a direct result of this, we decided instead to add a detached building and preserve the drainage path {see Attachment A to this letter, a 1985 topographical survey of the land at issue showing the valley between the east side of the house and the east portion of the lot). We are building this Game Building for the specific purpose of housing hobbies, games, and school projects, in a single, large room. The building is detached from the house to maintain the drainage area between the house and the building (see Attachment B, recent survey). As you wr see from the attached drawings, we intend to pave a narrow drive through the valley which is pitched to maintain the natural drainage from the rear of the lot {see Attachment C, landscape engineer’s first color drawing showing elevation data along the valley), and under which will lie the drain lines from the house and rear areas. To make the Game Building as esthetically pleasing as possible, it was designed by the same professional architectural firm thai designed our house; Cradit & Associates of Minneapolis. The interior and exterior will have the same design, trim and colors as the house interior and exterior (see Attachment D, complete set of final architectural design drawings). It is designed to be used during all four of Minnesota ’s seasons with a forced air gas furnace and a wood stove for the winter. The narrow driveway through the valley will facilitate snow removal between the house and the Game Building. The building itself has a low profile and its location was carefully chosen by the landscape architecture firm of Gardeneer, Inc. of Rogers, MN, to blend in with the natural surroundings (See Attachment E, final landscape engineer drawings). It is tally a first class buDding which will complement the existing home and the land. (See Attachment F, panoramic view of house, valley and building). t .J »**»W . .j .. yr X P ^ Orono Planning Commission Kluth Application for a Conditional Use Permit and'or Variance June 17,1998 Page 3 of 5 Requirement of a Bathroom To complete the functional design of the building and to fulfill the goal of the building becoming a detached extension of our home, it will need a simple bathroom. The normal use of the building will be during extended periods of play in which the need of a bathroom for the children is essential, especially in the winter months when a trip to the house would be extremely inconvenient for the children. For safety and convenience, a quarter bath (toilet and sink) is all that is required. In working with the Orono City inspector ’.et approval for the building, we were informed that the City of Orono is concerned about liie possibility of detached buildings being rented out or used as apartments. We can assure the City this will not be the case and we are willing to accede to any of the City’s requirements and restrictions to obtain approval of the bathroom in the Game Building. There are no cooking facilities in the Game Building and there are no sleeping quarters. We would agree to place a restrictive covenant on the deed to run with the land which would prohibit the use of the building as any sort of living quarters. Precedent for Granting Our Request The Orono City Council has granted requests in the past which are similar in all respet^ to our request. As such, our request is entirely in concert with past precedent. For example, m Orono City Counsel Resolution No. 3455 (Attachment G, August 8, 1994), Mr. William Stoddard was granted a variance and conditional use permit for a guest house on an adjacent lot wmch was merged with his main lot. Mr. Stoddard did not have the required 2 acres for a guest budding (LR-IB zoning district) or the required lot width. In a letter (not attached, but found in the original file) from a neighbor of Mr. Stoddard in support of the variance, the neighbor referred to the detached structure as their “game house.” In Orono City Counsel Resolution No. 3493 (Attachment H, November 14,1994) Mssrs. Kipfer and Sargent were denied a conditional use permit for a detached building for which they requested the designation of “guest house.” However, in denying their request, the City Counsel approved the bulding plans which included a full bath and shower, and required that the o^ers place restrictive covenants on the land which prohibited the use of tlie detached structure for living quarters. In Orono City Counsel R esolution No. 2768 (Attachment 1, c.1990), Mr. John Rogers was granted a conditional use permit for a guest house as long as Mr. Rogers agreed never to rent out the detached building. A restrictive covenant was also required. 1^3 Orono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 4 of 5 Finally, in Orono City Counsel Resolution No. 2444 (Attachment J, November, 1988), the applicant (Norwest Bank, as trustee) was granted a variance and a conditional use permit for a guest house above a detached garage. As you can see from the foregoing examples, the existence of a bathroom in a detached building, whether it be designated a *‘guest house ” or not, has been granted in situations which required greater deviation from City Ordinances and City Counsel Resolutions than would be required in the present application. We therefore view our request as fitt'mg within the four comers of past precedeent. The Present Application is a Direct Result of a Hardship By preserving the drainage valley, we have incurred a hardship: the need for a detached building rather than an attached building. Had we added on to our home, we could have potentially created drainage problems, or our addition may have been denied because of the potential drainage problems. By choosing to build a detached building, we now have a safety and convenience issue; the need for a small bathroom. To ameliorate this hardstup, and to allow us full use and enjoyment of our land while preserving the overall quality of the land, we ask for this v^ance and conditional use permit. We do not believe that the granting of this variance and conditional use permit will run against prior City Counsel precedent or mn against the zoning and planning ordinances of the City of Orono. We respectfully request the grantmg of our request. Please contact me if you require any further information. 1 can be reached at home at 449-0959 (voice), 449-89IF (dedicated fax), or at work at 373-6904 (voice), 339-3061 (fax). Very truly yours, Daniel J. Kluth ly yours. Attachments I brono Planning Commission Kluth Application for a Conditional Use Permit and/or Variance June 17,1998 Page 5 of 5 Attachment A B F G H I J JJi X t. • U •• List of Attachments Description A copy of the 1985 topographical survey of the land at issue showing the valley between the east side of the house and the east portion of the lot. The valley is critical to the preservation of drainage behind the house. Recent survey showing the location of the Game Building in relation to the existing house (drawn by Mark Gronberg, licensed surveyor, with Cofidn & Gronberg, Inc.). Landscape engineer’s first color drawing showing elevation data along the valley (drawn by A1 Hipps, licensed landscape engineer with Gardeneer, Inc.). Complete set of final architectural design drawings (de.signed by Jerry HufBne, licensed architect with Cradit & Associates). Final landscape engineer drawings showing approximate location of the Game Building (drawn by A1 Hipps, licensed landscape engineer with Gardeneer, Inc.). Panoramic view of house, drainage valley and proposed Game Building. Orono City Counsel Resolution No. 3455 (August 8,1994), Orono City Counsel Resolution No. 3493 (November 14,1994), Orono City Counsel Resolution No. 2768 (1990). Orono City Counsel Resolution No. 2444 (November, 1988), I i \ • •** • r T.•s' ■» • ' September 23,1998 2801 Fox Street Long Lake (Orono), MN 55356 Orono Planning Commission City of Orono 2750 Kelly Parkway P.O. Box 66 Orono, MN 55323 re: Errata and Addendum to Application No. 2389 for a Conditional Use Permit To whom it may concern: I would like to correct an unintentional error in my letter to the Planning Commission dated June 4, 1998. In that letter, I described several previous variance or conditional use permits granted by the City Counsel as precedent for granting our request. In preparing this section, I was given copies of several earlier applications by the Orono city staff. Unfortimately, several of the papers were mixed up and the facts of one case became muddled. I would like to correct my letter and assure the City Counsel that the error was unintentional and there was no intent to deceive. Thus, on page three, delete the first paragraph of the section entitled “Precedent for Granting Our Request” and replace it with the following: The Orono City Council has granted requests in the past which are similar to our request such that our request is entirely in concert with past precedent. For example, in Orono City Counsel Resolution 3455 (Attchement B, August 8, 1994) Mr. William Stoddard was granted a variance and conditional use permit for a guest house which already existed for about 35 years. Mr. Stoddard did not have the required 2 acres for a guest building (LR-IB zoning district) or the required lot width. Very truly youi>. Daniel J. Kluth cc: Mr. William Stoddard 1 h ’tuohmtn't- " h '■ I hereby certify that this Is a true and correct representa­ tion of a survey of the bound­ aries of Lot I, Dlock 3, FARVIEW, and the location of all bulldlogs. If any, thereon, and the proposed location of a proposed building. It does not purport to show other luproveaents or encroachaents. k COFFIN t 630NBCRG, INC. Gordon R. Coffin Reg. Ho. 6064 Engineers 4 Land Surveyors Long Lake, Minnesota CERTIFICATE OF SURVEY FOR NUTCRACKER HOMES LOT I, BLOCK 3, FARVIEW HENNEPIN COUNTY, MINNESOTA Date : • 4-9-8S Scale:!■ • 40' 0 Iror aarker .V#* —Proiosed elevation IS®— :Exliting elevation Datua:I92‘,a'^.kA . V«c % k%V V: 189 I I I •« I - EXHIBIT D CertificAtc of Survey.fot Daniel J. Kluth of Lot 1# Block 3, cARVIEW Henr\epin County, Minneao^a. I J •j Co...fio. Q•2 LEGAL DESCRIPTION OF PREMISES SURVEYED; . . _ . . tot 1, Block 3, PABVI2W. This shows th« bou-daries of the above described property, the existing location o5 L exminS houie! ^d the proposed location of a proposed garage. It does not pur- ^port to show any other improvements or encroachmjnts^ I hereby certify that this survey was prepared by ne or undet my direct supervision, and that I am a duly registered Civil Engineer and Land Surveyor under the .. . — • laws of the State of Minnesota. • COFFIN k CRONBKRG, INC. "scale* V inch ■ 50 feet Date I July 12, 1991 o : Iren marker found Poarinqs Shown ar<5 based upon «n assumed datum. i-S tS PKOP0U0 Mark S. Gronoerg MN. Lie. No. 12755 ..Engineers, Land Surveyors, Planners Long Lake, Minnesota #2389 4/3. J X \ N \ \ __________. :>\xK\ / I—a-/ \\\wv Y ' 1004./ X 1003.0 M/j _}\ V L *003.S X SYn \ /■ / A\ tiO.f fs«.i ^ n\/ j 4%^Z^ K I4I.I ) '‘...__.,/>«• J cii?:^ CIZD l_J 1 t»: • C«OUMO COatiOi N0«l2./t|ai. laOCi COalOwA • lafCInCOUH C3alOu« OCMCttlOa COviOwa OtUVACO COaTOuC tfOl CLCiAtloa €••!••» I*!*#**! 2* 700 SWI/4 SEC. 4 ni7N.R23W HENNEPIN COUN'iY re* Or 0 n 0 • M1 (ta gas HORIZONS. IRC. aIM h furriBC MOritiicant ■.• « C U f'M I'M • •«a«4i*i «;m wi> ................ w i»i*> • ••«* H0«I20N$‘ flit 3-7209 TyTS . ♦ RUN DATE 06/01/96 BATCH 507 PRdP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NAHE/M^^ PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 09-117-23 31 0006 00565 OLD CRYSTAL BAY RD PAUL W BERGGREN I WIFE REV PAUL W BERGGREN 565 OLD CRYSTAL BAY RD LONG LAKE NN 55356 36 09-117-23 31 0011 02860 FOX ST LESTER E THOMPSON ET AL LESTER E THOMPSON 2660 FOX ST RT 1 BOX 325T LONG LAKE NN 55356 36 09-117-23 39 0006 02600 FARVIEW LA J r KENP I L NOVOTNEY-KENP JEROME F KENP 2600 FARVIEW LA LONG LAKE NN 55356 36 09-117-23 92 0005 02790 FOX ST 0 E DRESSEL ETAL ORVILLE E DRESSEL 2790 FOX ST WAYZATA NN 55391 36 09-117-23 93 0002 02765 FOX ST Y 0 ROUX OLE ROUX YVES D ROUX 2765 FOX ST WAYZATA NN 55391 TOTAL BATCH 507 00015 REPORT NO. PI935901 PAGE 29 000638 09-117-23 31 02920 FOX ST CHERRY C STUBBS CHERRY C STUBBS 2920 FOX ST LONG LAKE fW 55356 38 09-117-23 39 02601 FOX ST DANIEL J KLUTH DANIEL J KLUTH 2601 FOX ST ORONO NN 55356 0009 36 09-117-23 39 0007 02905 FOX ST NARK F ENGEBRETSON ET AL NARK I CAROL ENGEBRETSON 2905 FOX ST LONG LAKE NN 55356 36 09-117-23 92 0006 02760 FOX ST MINNETONKA ALANO GROUP INC MINNETONKA ALANO GROUP 2760 FOX ST WAYZATA NN 55391 001136 09-117-23 93 02760 FOX ST MINNETONKA ALANO GROUP INC MINNETONKA ALANO SOCIETY 2760 FOX ST WAYZATA NN 55391 36 09-117-23 31 0010 00565 OLD CRYSTAL BAY RD J D FARMER I P J FARMER JONATHAN D FORMER 565 OLD CRYSTAL BAY RD $ LONG LAKE NN 55356 Hs 36 09-117-23 39 0005 02620 FARVIEW LA T N HOWARD ICS HOWARD THOMAS N I CHERYL S HOWARD 2620 FARVIEW LA LONG LAKE NN 55356 S U 36 09-117-23 92 0009 02720 FOX ST G L ROLLER 1 C J ROLLER GARY L ROLLER 2720 FOX ST WAYZATA NN 55391 J 36 09-117-23 92 0023 00590 OLD CRYSTAL BAY RD S 0 FUNK I J R060SHESKE GEORGE FUNK/JUDY ROGOSHESKE 590 OLD CRYSTAL BAY RD S LONG LAKE NN 55356 36 09-117-23 93 0019 02770 RAINEY RD RICHARD K WYSOCKI ETAL RICHARD I APRIL WYSOCKI 2770 RAINEY RD WAYZATA NN 55391 EXHIBIT G A 1 Permit No (y\o O 3___ -ngR^- idol vbA7 ^3.=b</- PERMIT RECORD Date '7-/0 - S3 9-37- S-r /o- i-^c, h-U-QL U. t 0 2^i /3=>c5t^^^~^ Type o£ Permit pjui-ytdo. fk^LLd uL7y±l^A Ai Q-0\ J)ry\ ^^.Atun A- r^A^Lyl d^Cfi /ladessory Bc^ldi n« r COUNCIL MEETING SEP 2 8 1998 REQUEST FOR COUNCIL ACTION CITY or 09.0^:0 Date: September 25, 1998 Item No.: Department Approval: Administrator Approval: Name: Michael P. Gaffiron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Dan Regan, 3410 North Shore Drive - Access Issue - Appeal of Administrative Decision to Deny a Second Curb Cut List of Exhibits A - Regan Proposed Site Plan B - Plat Map w/Topography C - Render Survey: Existing Putnam Driveway D - Render Private Road Design E - 1963 Sewer As-Built Map F - 1955 16’ Easement Documentation Summary of Issue Staff has denied an access to Outlot A, Tonkawa Shores (Jim Render's subdivision) for a new garage proposed by Dan Regan of 3410 North Shore Drive, on the basis that 1) Regan already has access to North Shore Drive; and 2) Render’s private road will be substandard and was intended as a driveway to serve only his 3 proposed homes. A number of additional factors identiiled below make this a somewhat complex issue. Background Mr. Regan has applied for a building permit to make improvements to his property, including window replacement, construction of a deck addition, and construction of an attached 2-stall garage. The proposed work meets all setback and hardcover requirements, and staff is prepared to issue a building permit. However, we delayed issuance of that permit based on Mr. Regan's proposal to construct a second driveway access. Regan already has a driveway accessing North Shore Drive, but has no garage served by that driveway. He does have an old detached garage (to be removed) at the north end of the property, which does not have an improved driveway. Regan’s access to this old garage has been via Render’s (formerly Putnam ’s) existing driveway. I I ! i I i Regan Access Issue September 25,1998 Page 2 During the review of Render's subdivision staff was unaware that Regan's old garage was being accessed via Render's driveway; it was not obvious to staff that this use even existed. However, Regan indicates it is accessed regularly and often from Render's driveway. Regan currently cannot use the North Shore Drive driveway to access the back of his property because of a deck existing in the 15' space between his house and the east lot line. A new driveway proposed to serve Regan's proposed attached garage would access to the 16' "easement for roadway purposes" centered on the common lot line between the Regan and Render properties. Public Services Director Greg Gappa and I concluded that Regan's proposed new driveway would functionally be a second curb cut, which requires City approval. Greg and I also concluded that the curb cut should be denied because it would make use of Render's private driveway which was approved by Council at a substandard paved width of 16' on the basis that it would serve just 3 homes. Adding Regan's new use as the primary access for a 4th home suggests the potential need to make Render's driveway more substantial than 16'. It is also apparent now that the property owner west of Regan has historically had a secondary driveway access from this old easement. Render was unaware that Regan intended to make ihis change in use, and it appears that Render’s road is designed such that Regan would have to travel outside the old 16' easement, trespassing on Render's property, to make use of Render's new road. A few additional points: Regan feels he has a right to access to Tonkawa via the 16' easement, and that Render should not be allowed to build a road that would deprive Regan of this access. • Render was apparently not anticipating Regan being a 4th primary user of Render's new private road; this begs the question of who should bear the costs of U’^grading it to a standard acceptable to the City for 4 (or more?) units. Staff is concerned that the Council approved Render's road at 16' without knowing that there would be a 4th user (or more users if additional neighbors make use of the easement). If Council had had this knowledge, the approval might well have had different conditions, such as a wider road, or making it a public road, or requiring the cul-de-sac, or? It is unfortunate that these issues were not uncovered during the subdivision review process. The extent of the neighborhood's historic use of the 16' easement was not at all obvious to staff or to Render, and the survey work as well as City topo maps used during the review did not suggest such use. Staff had no information suggesting that Putnam had maintained the driveway for use by his neighbors. The area in front of Regan ’s garage is maintained as grass lawn, and the driveway leading to his westerly neighbor is overgrown. r Regan Access Issue September 25,1998 Page 3 Issues to be Resolved 1.Should Regan be allowed to have his primary access to Tonkawa Road, via Render ’s private road? 2. If so, should Regan's North Shore Drive access be removed? 3.If Regan's primary access will be to Render's private road, should that road be constructed wider than the 16' width approved with the subdivision? Staff Recommendation 1. Given that Render's final road design makes it difficult for Regan (or other neighbors who abut the old 16' easement) to access Tonkawa without trespassing on Render's private road. Render should i^t the existing easement beneficiaries the right to use his road as thev have in the past. 2. Regan should he allowed to access Tonkawa via Rende r’s road, subject toi ^ Render's road being widened to accomodate this 4th user: and Regan's North Shore Drive access being discontinued. 3. The City ’s paved width standard for a private road serving 3-6 units is 24'. Render ’s road was approved at 16' in order to minimize impacts of the road on the neighborhood, as well as to limit its potential use by Maxwell Bay Access users. Widening the road to 20' could likely be accomplished within Render ’s platted outlot, would have little added impact on the neighborhood, could still be perceived by the public as a private driveway, and would provide added width to better serve a 4th or 5th user. Staff recommends that the road bs widened to 20'. Other Options? Assuming Regan has a right to access Tonkawa via the old 16 ’ easement. Render should either accept Regan ’s trespass outside the old 16' easement, or re-design his road fu:;her south so Regan can use it without trespassing. Or, Render could move h*s road north, leaving enough room within the old 16' easement so tiiat Regan and other users -an create their own new driveway parallel to Render's. Optionally, the City could exercise its underlying road easement, making this a City road. None of these alternatives are likely to be acceptable to all parties. CO!lNClL ACTION REQUESTED Give s,aff and the property owners direction as to whether the staff recommended solution to this problem is acceptable to Council. _/ / w.«t.zc s f C9X8Z M 1^00 iK#ZC N Qvoy VMV>iNOi (9£L 'ON Qd 'OO) "0 \ f > 7\ }ti=' Sn ?l* i I! ^oR zzm ll!|o a. I-> i 4 WmtAtr D««4 I»4lvl4«al M jalat TtMait '§§2041 f-«*378 Fotni No< 5>M MIwmmIa t/alform CMvtfaMitff ®(l.i8 Inbenhirt, .if.rf.rtu .?.m. . ....spiji if.'.?!?.,' 6f/»wn . r.y.fy Kahr ^ an*\ Fr.incfa wi'l'..*?/ ir'»» ilonn r ‘troth, *.ir wife. of the County of . and State of . I! lr!*o.'fOt-i ^ , part of the first part, and u*dyu:.vi.u. L. veuuc.tiv .and..i.iarc.'dxet i,'.. LcuKcdy , liusbdnd... da'... wife, ................................ . .V. .....................................................of the County of l.cr.nepin » « • «•••• ••••♦•*•«» % and Stale of.liiniveso ta , parties of the second part. IBitneMelt. That the ettid fturt ieaof the first part, in eoneUteration of the eun% of One u J J tix di’.'i. Vi I i.e r".ao o'.i dnsi -.y diu.eible ...co nx» ic.Br.a t i o ns --- ---------- •BCbbAln*', to t liCa in hand paid hy the stiUl parties of the second part, the receipt whereof is hereby aeknoirt-^ edfrtt, do hereby Grant, Unriain, Sett, and Convey unto tl said ftarties of the second part as Joint tenants and no^ as tenants in ronimon*th'ilr assigns, the survivor of said- parties, and the heirs and assigns of the stirriror, Foreve.r, all the trait... or.parcel. . of land lying and being in the County of ...licn-iiepin and State of Mini^fa, described as follows, to-wit: ] tint j.'irt of Lctc Fourteen (l*i) ami Fiftoor. (15), Lyviinrcl'a Te.ri*, t. '• ‘in I. y , •i>: neao t d . doscribed an followo: Beg ir.nxncj at a point vase r ini'.t 'T t ..o w.'utiwo.oL lino of sam Lot IS, 225 feet Ilort Hves tor J y of the ;.'*>nt •>; internoct ion of tlie Juiithweat line of said Lot 15 and the !;ro R i-iwr. on clio plat of said Lytlinrd's Park; thence Lprtheaat at ^ _ v;i!;l. tie Joutliwest line of said Lot 15, 125 feet; thence ‘North- V*.«t p-irallcl v.*it!i the Southwest line of said Lot 15, to the shore of L.ji;«» inr.otonl'a ; tlience Southwesterly along said shore to the Southwest l:i>e >i’ saifi Lot 15; thence Soiitheast to the point of beglniting* wuJj*.*t:t to cr.'i inclv.iiing an e»i ••<er.on t, wiiich oasenent is described as foM'i ’ws: /. «trii* of land 16 feet viide across Lots 15, I'l, end 15, I.y*: ia 1 ci'0 Hennepin County, Minnesota, tl.o centerline of wich^is doner an follows; Beginning at a point on the l>onthwcst line of a-, id Lot 15, 225 feet horthwest of the point of intersection oj the .J I'.i t h v/e s t lire of Lot 15 «inti the ba.'^e line shov.'r. on the plat of caio I.y«iiard'r. I'urh; thonce iiortheast at right angles i/itlrthe Southwest lire cr sail- Lot 15, to t I'e ilortr.oaat lino of said Lot 13 anvl tliere ‘ o rv.: •••> t ing • ^ • ri.ia eaao;.;eht siuill bo for roadway p.’i poses, both of ingress and egress '»vei. fi.e sa:<ie and shall run witli the land and be binding upon the heirr. o:c«*cu l or .8, adr. i n is t ra tors and assigns of the parties of the parties of th.e second part, tl.e. survivor survivor* tl.e first part thor c'jfnerwto, unu upon and tl.e heirr and awsiyns of tlie , ..ccoidinn to the nap or plat thereof on file and oi record in the office o.‘ the Hegirtor of Deeds in and for ilennepim County, Minnesota, STATE OF MINNESOTA. COUNTY OF HENNEPIN Certified to be a true and correct copy ol the Ofioinal on We and cl recordinmy oBice■nrosoei Cartson, (j^Jur.ty Recorder .Oeptiy ? # Togettur with all tH4 htrtdUameHU and .“/?« **"'•#<'•/ ?»; •»» amyttiae appertaimUg, to tko $ald pariUt of tho ateomd part, tfutr aatlgnt, tho •wr- w said partus, am! ihs heirs and assigns of i9u sundvor. Forever, the said parties of the sr^-md tHtrt iakin^ as Jotnt tenants and not as tenants in common, .fndMojaid U^rvey Mdhx and. Fxaa.c^a Kdxla rtdiir, Iiiu w4Xt», u;;d Uuiii •%roholKj.aacI Edna Krobath^ his...vixci^ . . pffrt io s of the fird part, for thoocelvoo ^ t hoix heirs, eArrdtnrs and administrators dn rorenant with the said pirties^of the second part, their assigns, the survivor of said /lavties, and the hrim and assigns of the. survivor, that they. ^ r e wett seised In foe of the tan^ and pirmiws aforesaid and hay a good right to s*ft ttnd ronvei/ the same in manner and form aforesaid, and that the same arr fi'te from ait inrumhr Otfs, ject to taxes anci apeci'il aseessnents^ if any, which ir- n^aybe h.oreafter levied nr assessed acjainst n.tjfj pr«nl::os, •••. . • «f.* rut ret ^^Jc .‘inf*. pay<»Klc. .-/if#/ thtf aftni e bargattuul mid gv.intfd lands and premises, in the t/uiet and /i»vi.v #/#/. af the sail parties of the nerond part, their assigns, the survivor of said fsirtir^^ and tin !;• iv< ./###/ a ^d jns ,$f th»* yiivinir, against ail, fer^ons iawfaH - riaiming or to claim the ii hnte or anu fnii t th.reof, \fihjn t to Aciv#i,/,^/„r.. I,fin/, the raid /sirt icsii/ the first pirt win Wairant and • Jn CeiHmonp IBIjfrtof. ri,^ ,.,w v.. t,r,w ha inf jj the dap and p»utr ft tut ,ilmir writ fan, , /^/c/. i. ' .y.: ■ „ • • • /9frf*rescnec of / • .• vl ^tate of iHinncOota, i (*nantyof •• .•! » . • I fJn this . t .* *•/.. ii ’ 12c day of f.« f : •» *. taa fatit , within find ft$r *,iiil t\iiiiiftt, § »a$ li’i, .•/•#• tfa,$ . ana 4 .c •* ’ • .i.*- • ^ . li 1/fj L lA, •* i « *• 1 • *j , to me known to he the ptrain c df^serihed in, and win r.Vaeateat tt»a forej.nnj »i ' •#•#•1#* and arknaadedged that l:hr V r,%a>a*t»-d th • <••• (^ft Sn%g\ free at*! aunt d$^d . • ,Vn*arii t*nhtia- * * •- . .* • C * dtp etiimtiis^ioii e.e/*irf4 ftOTS’^TV# **S*e «rt f.*r »•« •)»»« I><t ifittntM.tiM •• nr. UI..| !•« 4.1 4llrt«n«» ib f*r| .’r, T^’, t .rr» I* M «f| ''•» *M| oori fuiv 8 ji.# for record on tho 3 <1..;/ of May ^.D* 1 9S;> nt 9»:>0 Company Cost Engine Brand Generator B Katolight Corp. Mankato $40,341.00 Cummins Katolight Loi.g Lake Tractor Long Lake $48,468.15 Isuzu MG Cummins North Central St. Paul $48,817.47 Cummins Onan Ziegler Incorporated Shakopee $50,038.00 Perkins Olympian r Katolight Corporation was the lowest bidder. Their equipment meets the requirements of the specifications. The large generator that we use to operate the Navarre water plant is a Katolight Generator. This generator has operated satisfactorily. Katolight is a known brand, since 1952, and parts and service are readily available. Cummins Engines are well known name brand engines. We have four generators with Cummins engines that operate satisfactorily. Parts and service for these engines are readily available. Each generator will be mounted on a tandem axle trailer and comes equipped with a sound attenuated housing. The generators will have a two-year warranty. We are satisfied with the bid results and are recommending purchase of two generators from Katolight Corporation. Our recommendation is to fund purchase of these generators from the sewer operating fund. COUNCIL ACTION REQUESTED: Motion to approve the bid of $40,341.00 from Katolight Corporation, Mankato, Minnesota for the purchase of two 50KW portable electric generators to be funded from the sewer operating fund, and to amend the 1998 Sewer Fund budget to reflect this expenditure. COUNCIL MhiT iNG SEP 2 8REQUEST FOR COUNCIL ACTION CITY or onoNO DATE; September 24, 1998 ITEM NO.: 1’^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Item Description: Request for Sewer 2100 6th Ave North Agenda Section: Engineer’s Report We have received a letter requesting that the Woodlands Home, a group home for six developmentally disabled adults, be allowed to connect to City sewer because of septic system failure. Mr. Paul Phillips explains the situation very well in the attached letter. The new mound system, that was installed in 1993 is failing. The options for replacement sites are extremely limited because of the steep topography of the lot. The only sites that might possibly be available have slopes exceeding 12%. With the existing problems it is questionable if a new septic system is a long term solution for this residence. The residence is located along County Road 6, 600 ’ west of the North Brown Road intersection. City sewer from the Long Lake Country Club project, is located approximately 1,000 feet from the property. A preliminary review shows that gravity sewer service is feasible for this property. No cost estimates have been completed. If gravity flow is too costly, this property could be served with a grinder pump force main system at a lower cost. This property is located 600 ’ from the edge of the 1994 MUSA expansion for the Long Lake Country Club sewer project. The property immediately to the southwest was provided sewer service, in conjunction with the Long Lake Country Club project, under the provisions of the 50 additional sewer units the City was authorized as part of the 1994 MUSA expansion. The Council will need to make a determination if sewer service should be provided to this property. The disadvantage of provision of sewer service is the possible impacts to the City’s policy of limiting sewer service in the rural zoned areas. The advantage of providing sewer service is that it would provide for the continued operation of this residence at this location. There are two possible methods to allow for sewer service for this property. The first method may be to use one of the fifty additional units from the 1994 MUSA expansion. We have not had any discussions with the Metropolitan Council regarding this issue yet. We need to obtain direction from the Council first before making any contacts. The second method could be to obtain a MUSA expansion to include the parcel. This may only require a simple MUSA expansion similar to the recent Maxwell Bay expansion with limited Metropolitan Council review. If an expansion is considered, inclusion of the church may also be warranted. Request for City Sewer 2100 6th Ave North September 24, 1998 Page 2 of 2 The 1994 MUSA expansion included an additional 50 sewer units to expedite potential future individual requests for sewer connections. Resolution No. 3791 for the expansion included the following language: "the City utilize a pool of 50 REC's (residential equivalent connections) to acconunodate future connection of existing residences adjacent to existing sewer lines in accordance with the administrative review agreed to by the City" The property owner has requested to be on the agenda and will be in attendance at the Council meeting. COUNCIL ACTION REQUESTED: Staff is requesting that the Council review this situation and provide direction to staff and the landowner on the possibility of connecting the Woodlands property to City sewer. jig r .M. lYA'. ;» ^- ^•ft: >)m0--'»r, *■ j J ?!• I •«. w- r ., -’'A i •■Vi*, - ..a.I •.• 1 f!- m]m dm' 1 The Woodlands dox .5e *2700 6//1 aic. \<».. lo«^ z^iAc. ,\/.v .>>3.56 755 21U0 Telei'lioiu' -Jirj-jctrci -5737 J!.ucust 20 1993 I'r. !'ike Gafrron Cit*' of Crono 2750 Kelley Par’wajr r.C. 3o:c 66 Cr^^tal 3ny, In. 55323 Dear Kr. Gaffron: This is an officirl reT-iSst to allo'.r The ’.'oodlr.nds to connect to the city sever syston* As you are no doubt a::a.re, ’.re have had a difficult tine r.aintaininr a ’/iable nound seotic s*.^ten. The ■•.•oodlands is a ,'iroup hone for 6 retarded your.;; ad’ults. "he hor.3 was built and has operated since July 1, 1931, It is .operated by the non-profit corporation, Orono Uoodlands, Inc, In 1993 the original drain tile systen failed and a new no'ond systen was installed at a cost of 15^000, This was nnssible only when *.?e v'ere able to acquire an additional site fron the next door nei?hbcr. This was o'or only solution at th.at tine in spite of the fact that the house was built on the required t.;o acre lot. Last yesiT the new round s.:-sten began failing, h'e have had the experts e:ca:nine the systen and have followed all th.e suggestions for repairs, but the s;.’sten continues to deteriorate, ’Je are currently ha’/ing to have the tanlcs punned out every nonth, at considerable ernense. This helps in a snail way but does not cure the problen. The experts nov; believe tl'.at the problen is d'.ie to the t^rps of residence The '.’oodlands is. The six developnently disabled adults living there require the use of frequent anti-bio tic and beha’'lor controlling dnigs prescribed by their doctors. It appears that these necessarr’ drvtors effect the bacteria action in the septic s^'sten^ causing it t, fail. There seers to be no oth.er solution to naintcing this hone for th.ess disabled young people so we ui'gently request that we be allowed to connect to the cit” seu’er. Than!: ;.x>u for your consideration. SincersliT, Paul Phillips !j President Orono Woodlands, Inc.—A Son Frofit Home fur DcvclopmcntaHtj Handicapped Persons. r [c\c(h> LEGEND t« • • • •• •••* r 2645.20 P:3 ouk >^f.i60k!h. ^on. KLEW T£Ptlc 1-----f-----1 0 2.00 SC/5tt "h.a±.4IT ' •iY -r (3) 1 t (9) ' ^=tonf. • (17)TP IS ITT ESC EVA.S LUTh) — «c >c . - -..rii" r*rf"r'7'~ ' ~t~ 4' vO r COUNCIL SEP 2 8 1998 REQUEST FOR COUNCIL ACTION crrY cr gbcno DATE: September 28,1998 ITEM NO.: j Department Appro M: Name Gregory A. Gappa THIe Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: County Road 15 Traffic Management Study Because of safety and traffic access concerns along County Road 15, the Council directed staff to contact engineering firms regarding a traffic management study for this road We have contacted three firms with experience in traffic engineering and road design. BRW and SRF were contacted. Both firms indicated that they were already busy and not interested in completing this study. Bonestroo Engineers has submitted a proposal for this work outlining their staff capabilities and previous project experience. Based on this proposal and the City's long term working relationship with this firm, we believe Bonestroo Engineers is capable of providing an excellent study for this project. Attached you will find a listing of the proposed work tasks for completion of this study. The Council may wish to prioritize these items and only complete some of the items at this time. Staff s recommendation is that frontage road concepts in the vicinity of Orono Orchard Road and the analysis for signalized intersections are the top priority items in this study to be completed. Shelly Johnson, from Bonestroo Engineers will be in attendance at the Council meeting to answer any questions the Council may have regarding this study. COUNCIL ACTION REQUESTED: Discuss/Approve proposal for County Road 15 Traffic Management Study from Bonestroo Engineers Cost Estimate ofOrono Based on our experience In studies of this type, we have prepared the following cost estimate for the Scope of Work previously Identified. Couny Ro4d 15 Trsffk M^nsgtmenf/Acttii Study r councii -mktinq SEP 2 8 1998 CITY 0? ORO^iO REQUEST FOR COUNCIL ACTION DATE: September 25,1998 ITEM NO: Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: City Hall Roof Repairs Staff has been working with the City facilities construction manager and architect to determine a solution to roof leak problems on the City Hall and City Council Chambers. A solution has been developed that will solve at least 75% of the roof leak problem. The construction manager has a roofing contractor ready to begin the repair work. In addition to the repair work, the contractor will do further exploration of the roof valleys to determine if there are any additional problems that may not have been identified. Summary of Existing Conditions When the building was constructed, the ice and water shield was installed over the plywood roof sheathing about two months before the standing seam roof was installed. This was necessary because of construction sequencing problems in obtaining the standing seam roof materials. When the roof was installed, the standing seam roof and metal fascia were then installed over the top of the ice and water shield. In the existing installation, the water drains on top of the ice and water shield flows under the metal roof and the metal fascia and is then trapped inside the fascia. This water trapped in the fascia drains out behind the vertical soffit fascia board and has damaged the soffits. There is evidence of water staining on the plywood sheathing behind the vertical soffit fascia board. The horizontal soffit fascia boards have become water logged and fallen down. This problem with soffit damage is limited to the comers below the roof valleys. It appears that there is enough roof leakage at the valleys to cause soffit damage. The remainder of the roof drains okay and very little water is getting through the standing seam roof onto the ice and water shield and then becoming trapped behind the soffit fascia board. r The roof leakage problems at the valley appear to be caused by ice dams in the valleys causing water to back up and get under the standing seam roof. The leakage has been limited to winter conditions, except one valley that is now leaking during summer rains. This is probably caused by ice damage that has loosened up the roof valley joints. Another problem that needs to be corrected is the holes on the nylon mesh screen vent at the rear of the soffit. The existing screen is full of many small holes that appear to be caused by mice chewing through the screen. These holes allow for mice and insects to get inside the soffit and into the insulation and roof structure. Solutions for Roof Leakage Problem An additional piece of flashing will be installed, in the roof comers at the valleys, to provide an outlet for the water draining from between the ice and water shield and the metal roof. This should prevent further soffit damage. New vents, at the rear of the soffit, will also be installed over the mesh screens to prevent mice and insects from getting into the soffit areas. The amount of water draining between the roof and ice and water shield will also be reduced. The soffit damage in the comers, near the valleys, indicates that the excess water under the roof is probably entering through the valleys. We have experienced major problems with snow and ice dams in the valleys. The worst snow and ice damage problem is at the lower end of valleys. The flat areas at the bottom of the entrance area roof hinder the movement of snow off the edge of the roof. The snow hits these flat areas and just stops. Removal of the accumulated snow from the valleys is difficult because of these flat areas. We have had people shoveling the snow off these flat areas. It appears that removal of these flat areas would allow for the snow to slide more easily down the valleys and off the roof edge. With these flat areas removed it would be easier to pull down any accumulated snow in the valleys. The flat areas at the bottom of the entrance roof areas are a poor design concept and are creating snow and ice damming problems. These flat areas will be removed as part of this solution. The horizontal extent of the soffit will be eliminated on the entrance roof with the fascia board pulled inward to the edge of the roof slope. It does not appear that this change would adversely affect of the appearance of the buildings from the front view. This area of the soffit is already damaged and will all need to be replaced to correct tiie ice and water shield problem, so removal of this area will not entail substantial additional work or costs. This should greatly improve the snow and ice damming situation. The estimated cost of the work is approximately $60,000. At this point, there is not agreement on who will ultimately be responsible for the costs of the repair. Staff recommends the City initially pay the repair costs so that the repairs can move ahead as quickly as possible. The ultimate responsibility for the costs can be determined at a later time. COUNCIL MEETING SEP 2 8 1998 REQUEST FOR COUNCIL ACTION CfTY OF ORONO DATE: September 23,1998 ITEM NO: ^0 Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Administrator's Report Item Description: Appointment of Election Judges for General Election - November 3,1998 Attachment: Proposed Resolution Appointing Election Judges for the November 3,1998 General Election BflCkgPWld State Statute 204B.21, Subd. 2, states that the City must appoint election judges for the upcoming General Election 25 days prior to the election. Recommendation It is staffs recommendation that Council adopt the attached resolution listing the names of qualified persons who have indicated their willingness to serve as election judges at the General Election to be held November 3, 1998. COUNCIL ACTION REQUESTED Motion to approve Resolution No.__appointing election judges for the November 3, 1998 General Election. Ayes _, nays_. 18 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 3,1998 BE IT RESOLVED, that pursuant to Minnesota Election Laws 204B.21, Subd. 2, the following persons are appointed as election judges for the General Election to be held November 3, 1998. A1 Ackermann Lee Lathrop Vemice Berg Ralph Miller Norma Jean Dickey Phyllis O'Malley Martha Diesen Lou Ann Powell Barbara Ericson Joyce Shemanek Lou Ferril Julie Sherf Dorie Finn Pat Spilseth Joan Fitzpatrick Mary Stinson Carol Frommelt Marilyn Thome Inez Gantz Glenn Tillotson Barbara Garcia Bill Toward Angie Gilmore Helen Toward Kristine Houtman Sally Valiton Susan Jellison Wes Wolverton John Larson Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held September 28,1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk i i COUNCIL MhST IN .3 SEP.2 8 REQUEST FOR COUNCIL ACTION CITY Or ORONO DATE: September 25,1998 ITEM NO: Administrator Reviewed: _____________________ ^ Item Description: Animal Impound Facility Option Department Approval: Name RonMoorse Title City Administrator Agenda Section: City Administrator's Report The lake area cities have been working toward a long-term solution for an animal impound facility. Currently a number of cities in the area use the Huma^ie Society of Wright County impound facility just east of Delano. The Humane Society is planning to close this facility and build a new facility just west of Rockford. The planned new location does not meet the City's needs reg^ding ease of access. The Humane Society has proposed a system of animal pickup that may provide a solution to the location problem, but the cities have been pursuing other options. Any other option will require a new impound facility. The cities have been working to identify potential sites for a facility. The estimated cost of a newly constructed facility would be approximately $250,000, excluding land costs. Recently a new option has become available to tlie cities. The building that fonnerly housed the Orono Police Department, located on Willow Drive under the Long I^e water tower, is now available for lease by the City of Long Lake. The building, site, and location are all very well suited to the impound facility use. The lake area cities have not, at this point, determined the economic feasibility of operating an impound facility. Unfortunately, there is another potential tenant interested in leasing the building and the City of Long Lake wants to make a decision regarding the lease in a very short timeframe. The lake area managers have scheduled a meeting for Friday, Septemter 25 to discuss the building lease option. The outcome of this meeting may be to request the City of Long Lake to delay its leasing decision until a more thorough feasibility analysis can be completed. COUNCIL ACTION REQUESTED: Motion to authorize staff to further pursue the building lease option in cooperation with the other lake area cities. Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval r 22 Sep 1998 Tue 10:18 AM Check Register City of Orono Check !Cxnber Employee Name Check Number 044954 044954 JOHNSON, MARY ANN Totals Check Number 044954 Check Number 044955 044955 GEMAR, JAMIE L. Totals Check Number 044955 Check Number 044956 044956 HASENAN, CAROLE A. Totals Check Number 044956 Check Number 044957 044957 MOORSE, RONALD J. Totals Check Number 044957 Check Number 044958 044958 VEE, LINDA S. Totals Check Number 044958 Check Number 044959 044959 KtTBKN, THOMAS M. Totals Check Number 044959 Check Number 044960 044960 OLSON, RONALD J. Totals Check Number 044960 Check Number 044961 C44961 PETTIT, SANDRA K. Totals Check Number 044961 Check Number 044962 044962 ANDERSCN, BRUCE L. Totals Check Number 044962 Check Date 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 Page 1 Check Amount 506.39 506.39 511.03 511.03 943.99 943.99 1,470.03 1,470.03 1,005.40 1,005.40 950.79 950.79 14.96 14.96 778.83 778.83 518.79 518.79 <53 COUNCIL MEEHNO SEP 2 8 1998 cnv OF ORONO J r 22 Sep 1998 Tue I0<18 AM Check Register City of Orono Check Number Employee Name Check Number 044961 044963 BOBZIEN, SUE A. Totals Check Number 044963 Check Number 044964 044964 BORIS, SCOTT W. Totals Check Number 044964 Check Number 044965 044965 CARLSON, MICHAEL B. Totals Check Number 044965 Check Number 044966 044966 CHESWICK, GARY B. Totals Check Number 044966 Check Number 044967 044967 CORNICK, JAMES L. Totals Check Number 044967 Check Number 044968 044968 DEMBOUSKI, JAY C. Totals Check Number 044968 Check Number 044969 044969 ERICKSON, KURT R Totals Check Number 044969 Check Number 044970 044970 FARNIOK, CORREY L Totals Check Number 044970 Check Number 044971 044971 FISCHENICH, DAN T. Totals Check Number 044971 Check Number 044972 Check Date 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 Page 2 Check Amount 699.40 699.40 1,111.29 1,111.29 329.43 329.43 1,577.12 1,577.12 1,586.57 1,586.57 1,237.83 1,237.83 1,250.82 1,250.82 1,129.82 1,129.82 1,299.29 1,299.28 1 tl 22 Sep 1998 Tue 10:18 AM Check Register City of Orono Check .'dumber Employee Name Check Number 044972 C44972 FISCHER, CHRISTOPHER K Totals Check Number 044972 Check Number 044973 C44973 HANSING, CAROL J. Totals Check Number 044973 Check Number 044974 C44974 JOHNSON, BRADLEY P. Totals Check Number 044974 Check Number 044975 044975 XNOLLENBERQ, KRISTIN L Totals Check Number 044975 Check Number 044976 044976 MCNALLY, STEVEN A. Totals Check Number 044976 Check Number 044977 044977 MCNICHOLS, DAVID L. Totals Check Number 044977 Check Number 044978 044978 MOROWeZYNSKI, JAMES Totals Check Number 044978 Check Number 044979 044979 PERSELL, WILLIAM R. Totals Check Number 044979 Check Number 044980 044980 SCHOENHOFF, JOHN B. Totals Check Number 044980 Check Number 044981 Check Date 23-Sep-98 23-Sep-98 23>Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 Page 3 Check Amount 888.11 898.11 426.63 426.63 1,183.52 1,183.52 684.91 684.91 995.09 995.09 661.05 661.05 1,508.29 1,508.29 391.07 391.07 1,229.42 1,229.42 22 Sep 1998 Tue 10:18 AM Check Number Employee Name Check Number 044981 044981 TOMCHECK, LAWRENCE P. Totals Check Number 044981 Check Number 044962 044982 TOMCZYK, MARK W. Totals Check Number 044982 Check Number 044983 044983 FOLEY* PATRICK B. Totals Check Number 044983 Check Number 044984 044984 JOHNSON* JEFFREY D. Totals Check Number 044964 Check Number 044985 044985 WITTKE, ANTHONY A. Totals Check Number 044985 Check Number 044986 044986 GAFFRON* MICHAEL P. Totals Check Number 044986 Check Number 044987 044987 GAPPA* GREGORY A. Totals Check Number 044987 Check Number 044988 044988 OMAN, LYLE E. Totals Check Number 044988 Check Number 044989 044989 VAN ZOMEREN* ELIZABETH Totals Check Number 044989 Check Number 044990 Check Register City of Orono Page 4 Check Date 23-Sep-98 23-5ep-98 23-Sep-9e 23-Sep-96 23-Sep-98 23-Sep-98 23-Sep-98 23>Sep-98 23-Sep-98 Check Amount 277.89 277.89 1*235.37 1*235.37 30.16 30.16 595.31 595.31 205.22 205.22 1,117.41 1,117.41 1,424.26 1*424.26 122.15 122.15 1,067.68 1,067.68 22 Sep 1998 Tue 10:18 AM • Check Number Employee Name rheck Number 044990 :44990 VANGe BRUCE L. Totals Check Number 044990 Check Number 044991 044991 HECKMAN* STEPHEN J. Totals Check Number 044991 Check Number 044992 044992 HEINBBRQER* PAUL E. Totals Check Number 044992 Check Number 044993 044993 BRINKHAUS* JOHN F. Totals Check Number 044993 Check Number 044994 044994 DEBAERE* DONALD L. Totals Check Number 044994 Check Number 044995 044995 GREGORY* JAMES D. Totals Check Number 044995 Check Number 044996 044996 HANSEN* STEVEN C. Totals Check Number 044996 Check Number 044997 044997 OBERAIGNER, SCOTT G. Totals Check Number 044997 Check Number 044998 044998 OBRIEN* RANDY L. Totals Check Number 044998 Check Register City of Orono Page 5 Check Date 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-90 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 Check Amount 976.33 976.33 29.68 29.68 759.06 759.06 1*055.63 1*055.63 825.69 825.69 788.85 798.85 708.06 708.06 603.67 603.67 304.34 304.34 Check Number 044999 22 Sep 1998 Tue 10:18 AM Check Number Employee Name Check Number 044999 044999 PALMER, GREGORY A. Totals Check Number 044999 Check Number 045000 045000 RATHBON, BARRY J. Totals Check Number 045000 Check Number 045001 045001 SKREEN, DALE S. Totals Check Number 045001 Check Number 045002 045002 DELANEY, JANE Totals Check Number 045002 Check Number 045003 Check Register City of Orono Page 6 Check Date 23-Sep-98 23-Sep-98 23-Sep-98 23-Sep-98 Check Amount 647.38 647.38 864.08 864.08 625.85 625.85 53.26 53.26 L f 045003 DOCKEN, THOMAS W. Totals Check Number 045003 Check Number 045004 045004 OAS, DANIEL 0. Totals Check Number 045004 Number 045005 PETERSON, JACK W. Totals Check Number 045005 Check Number 045006 045006 RAICHE, VICTORIA H. Totals Check Number 045006 Check Number 045007 045007 ROSS, JOHN A. Totals Check Number 045007 Check Number 045008 23-Sep-98 23-Sep-90 23-Sep-98 23-Sep-98 23-Scp-98 467.81 467.81 207.96 207.96 427.14 427.14 93.90 93.90 127.65 127.65 1 : 22 Sep 1998 Tue 10:18 AM Check Register City of Orono Page 7 Check Number Employee Name Check Date Check Amount Check Number 045008 045008 STEFFENHAGEN, RONALD E.23-Sep-98 Totals Check Number 045008 Check Number 045009 C45009 YEAGER, DONALD C. Totals Check Number 045009 1,054.36 1,054.36 23-SCP-98 99.15 99.15 Grand Total 41,685.16 24 Sep 1998 Thu 11:06 AM Check Number Check Number 57188 Totals Check Number Check Number 57189 28-Sep>98 Totals Cheek Number Check Number 57190 57190 ALL STAR ELECTRIC 28-Sep-98 Totals Check Number 57190 ALL STAR ELECTRIC Check Number 57191 57191 57191 57191 57191 AT a T WIRELESS SERVICES/A2 19-Feb-98 19-Feb-98 19-Feb-98 28-Sep-98 AT a T WIRELESS SERVICES/AZ AT a T WIRELESS SERVICES/AZ AT a T WIRELESS SERVICES/AZ AT a T WIRELESS SERVICES/AZ Totals Check Number 57191 AT a T WIRELESS SERVICES/AZ Check Number 57192 ATaT - KC 28*Sep-98 ATaT - KC Totals Check Number 57192 ATaT - KC Check Number 57193 BEACK, SCOTT 28-Sep-98 Totals Check Number BEACK. SCOTT 57193 BEACK. SCOTT Check Number 57194 57194 BRINKHAUS. JACK 28-Sep-98 Totals Check Number BRINKHAUS. JACK 57194 BRINKHAUS. JACK Check Number 57195 BUDGET PRINTING 28-Sep-98 Totals Check Number BUDGET PRINTING 57195 BUDGET PRINTING Check Number 57196 C.R. MFC. CO. 28-Sep-96 C.R. MFC. CO.-130.50 Date Name 57196 C.R.MFG. CO 28-Sep-98 C.R. 24 Sep 1998 Thu 11:06 AM Check Number Date Name Check Number 57213 FITZPATRICK. JOAN Totals Check Number 57213 FITZPATRICK, JOAN Theck Number 57214 FRESHWATER FOUNDATION 57214 28-Sep-98 FRESHWATER FOUNDATION Totals Check Number 57214 FRESHWATER FOUNDATION Check Number 57215 FROMMBLT, CAROLE L. 57215 28-Sep-98 FROMMELT. CAROLE L. Totals Check Number 57215 FROMMELT, CAROLE L. Check Number 57216 G & K SERVICES Check Register City of Orono Page 4 57216 57216 57216 28-Sep-98 28-Sep-98 28-Sep-98 G 6 K SERVICES 0 6 K SERVICES O 4 K SERVICES Totals Check Number 57216 G 4 K SERVICES Check Number 57217 GANTZ, INEZ 57217 28-Sep-98 GANTZ. INEZ Totals Check Number 57217 GANTZ. INEZ Check Number 57218 GARCIA, BARBARA 57218 28-Sep-90 GARCIA. BARBARA Totals Check Number 57218 GARCIA, BARBARA Check Number 57219 GARY'S DIESEL SERVICE INC. 57219 28-Sep-98 GARY'S DIESEL SERVICE INC. Totals Check Number 57219 GARY'S DIESEL SERVICE INC. Transaction Amount 120.00 90.63 Comments MTG ON HOUSING REHAB TRAIN4PRIMARY UNIFORMS UNIFORMS UNIFORMS ELECTION/TRAIN 4 PRIMARY ELECTI0N/TRAIN4PRIMARY ST/EQUP PARTS Check Number 57221 GENUINE PARTS CO. • 57221 ?8-Sep-98 GENUINE PARTS CO.8.26 ST /PARTS 57221 28-Sep-98 GENUINE PARTS CO.7.98 ST /PARTS 57221 28-Sep-98 GENUINE PARTS CO.0.46 ST /PARTS S7221 28-Sep-98 GENUINE PARTS CO.10.30 ST /PARTS 57221 28-Sep-98 GENUINE PARTS CO.53.62 S /PARTS 57221 28-Sep-98 GENUINE PARTS CO.58.38 ST /PARTS 57221 28-Sep-98 GENUINE PARTS CO.0.22 ST /PARTS 57221 28-Sep-98 GENUINE PARTS CO.2.86 GC /PARTS 24 Sep 1998 Thu 11:06 AM Check Number Date Name Check Number 57221 GENUINE PARTS CO. 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE 57221 28-Sep-98 GENUINE Check Register City of Orono PARTS CO PARTS CO PARTS CO PARTS CO, PARTS CO. PARTS CO. PARTS CO. PARTS CO. PARTS CO. PARTS CO. Totals Check Number 57221 GENUINE PARTS CO Check Number 57222 GILMORE, ANGELA 57222 28-Sep-9B GILMORE, ANGELA Totals Check Number 57222 GILMORE, ANGELA Check Number 57223 GOPHER STATE ONE-CALL INC. 57223 57223 28-Sep-98 28-Sep-98 GOPHER STATE ONE-CALL INC GOPHER STATE ONE-CALL INC. Totals Check Number 57223 GOPHER STATE ONE-CALL INC. Check Number 57224 GOVERNMENT TRAINING SERVICE 57224 28-Sep-98 GOVERNMENT TRAINING SERVICE Totals Check Number 57224 GOVERNMENT TRAINING SERVICE Check Number 57225 OUHAM, CAROLYN 57225 28-Sep-98 GRAHAM. CAROLYN Totals Check Number 57225 GRAHAM, CAROLYN Check Number 57226 HASEMAN, CAROLE 57226 28-Sep-90 HASEMAN, CAROLE Totals Check Number 57226 HASEMAN. CAROLE Qieck Number 57227 HEALTHPARTNERS 57227 57227 57227 28-Sep-98 28-Sep-98 28-Sep-98 HEALTHPARTNERS HEALTHPARTNERS HEALTHPARTNERS Total. Check Number 57227 HEALTHPARTNERS Check Number 57228 HENNEPIN COinTTY SHERIFF Transaction Amount 35.00 35.00 70.00 328.50 163.77 6,545.22 7,037.49 Page 5 Comments 80.77 S /PARTS 30.69 S /PARTS 11.67 S /PARTS 13.89 S /PARTS €0.37 S /PARTS 67.34 S /PARTS -14.25 ST /PARTS 92.92 ST /PARTS 20.36 ST /PARTS 5.44 GC /PARTS 511.28 ELECT I ON/TRAINfcPRIMARY LOCATES LOCATES 98 SPRING CODE/B.VANG ELECT ION/TRAIN4PRIMARY TRAVEL EXP HLTO /OCT98 HLTH /OCT98 HLTH /OCT98 24 Sep 1998 U 11:06 AM Check Register City of Orono Page 6 Check Number Check Number 57228 Date Name 57228 rotJNTY SHERIFF 03-Aug-98 HENNEPIN COUNTY SHERIFF Totals Check Number 57229 HENNEPIN COUNTY SHERIFF Check Number 57229 HENNEPIN COUNTY TREASURER 57229 28-Sep-98 HENNEPIN COUNTY TREASURER Totals Check Number 57229 HENNEPIN COUNTY TREASURER Check Number 57230 HOUTMAN« KRISTINE 57230 28-Sep-98 HOUTMAN, KRISTINE Totals Check Number 57230 HOUTMAN, KRISTINE Check Number 57231 JELLISON. SUSAN 57231 28-Sep-98 JELLISON, SUSAN Totals Check Number 57231 JELLISON, SUSAN Check Number 57232 JOHNSON* BRAD 57232 28-Sep-98 JOHNSON, BRAD Totals Check NUlober 57232 JOHNSON, BRAD Check Number 57233 LAKE MTKA CONSERVATION DIST. 57233 28-Sep-98 LAKE MTKA CONSERVATION DIST Totals Check Number 57233 LAKE MTKA CONSERVATION DIST Check Number 57234 LARSON, JOHN 57234 28-Sep-98 LARSON. JOHN Totals Check Number 57234 LARSON. JOHN Check Number 57235 LATHROP, LEE G. 57235 28-Sep-98 LATHROP, LEE G. Totals Check Number 57235 LATHROP, LEE G. Check Number 57236 LMCIT-BERKLEY ADMIN Transaction Amount 59.14 59.14 32.50 32.50 72.00 72.00 60.00 60.00 43.00 43.00 7,596.86 7,596.86 110.50 110.50 66.00 66.00 Comments BOOKING FEES 6/98 ORCHARDS SNR PROJECT ELECTION/TRAINtPRIMARY BLECTION/TRAINaPRIMARy REIHB CLOTHES IMCD 4TH QTR PMT BLECTI0N/TRAIN4PRIMARY ELECriON/TRAlN4PRIMARY 57236 28-Sep-98 LMCIT-BERKLEY ADMIN 145.50 4TH QTR LIQ LIAB INS 57236 28-Sep-98 LMCIT-BERKLEY ADMIN 2,532.25 4TH QTR INS CMC 18285 57236 28-Sep-98 IMCIT-BERKLEY ADMIN 1,298.00 4TH QTR INS CMC 18285 24 Sep 1996 Thu 11:06 AM Check Number Check Number 57236 57236 Check Register City of Orono Page 7 Date Name 57236 LMCIT-BERJCLEY ADMIN 28-Sep-98 LMCIT-BERKLEY ADMIN 28-5ep-98 LMCIT-BERKLEY ADMIN Totals Check Number 57236 LMCIT-BERKLEY ADMIN Transaction Amount 2,762.50 10,990.25 17,728.50 Cotwnents 4TH QTR INS CMC 10285 4TH QTR INS CMC 10205 Check Number 57237 57237 LOGIS 28-Sep-90 LOGIS Totals Check Number 57237 LOGIS Check Number 57230 LONG LAKE BIO A AUTO PARTS 57238 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-96 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57230 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-96 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57238 28-Sep-98 LONG LAKE BIG A AUTO PARTS 57230 28-Sep-90 LONG LAKE BIG A AUTO PARTS 57230 20-Sep-98 LONG LAKE BIG A AUTO PARTS Totals Check Number 57238 LONG LAKE BIG A AUTO PARTS Check Number 57240 LONG LAKE POWER EQUIPMENT POWER POWER POWER POWER POWER POWER POWER POWER POWER POWER POWER POWER POWER 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-90 LONG LAKE 57240 20-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-96 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE 57240 28-Sep-98 LONG LAKE Totals Check Number 57240 LONG LAKE EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT EQUIPMENT 904.26 904.26 4.26 9.67 9.56 13.48 47.70 3.25 66.81 14.85 05.15 19.90 274.71 74.98 28.24 0.53 8.50 12.72 27.36 22.67 14.09 21.15 85.19 31.46 34.84 242.45 119.28 JULY PIMS DATA PROC PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS REFLECTORS EQUIP EQUIP RING SPARK PLUG CHAIN SAN PILE PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS Check Number 57241 57241 57241 57241 57241 57241 LONG LAKE TRACTOR EQUIPMENT 28-Sep-98 20-Sep-90 26-Sep-98 28-Sep-98 28-Sep-98 LONG LAKE TRACTOR EQUIrMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMEin* 63.26 75.90 63.20 -4.58 105.67 PARTS PARTS PARTS CR PARTS GRADE, DUST PLUG 24 Sep 1998 Thu 11:06 AM Check ^fumber Check Number 57241 Check Register City of Orono Date Name 57241 LONG LAKE TRACTOR EQUIPMENT 28-Sep-98 LONG LAKE TRACTOR EQUIPMENT Totals Check Number 57241 LONG LAKE TRACTOR EQUIPMENT Check Number Transaction Amount 24.92 328.37 Page 8 Comments SLIP HOOK S7242 M fc P UTILITIES INC. 57242 28-Sep-98 Totals Check Number MAP UTILITIES INC. 57242 MAP UTILITIES INC. rheck Number 57243 MALEPI 23.75 23.75 LOCATE UNDRGRD SERV 57243 28-Sep-98 ‘ MALEPI Totals Check Number 57243 MALEPI 15.00 15.00 98 MEMBERHSHIP/B.JOHNSON Check Number 57244 MEDICA CHOICE 57244 57244 28-Sep-98 28-Sep-98 Totals Check Number MEDICA CHOICE MEDICA CHOICE 57244 MEDICA CHOICE Check Number 57245 MEDTOX LABORATORIES 202.25 10,587.00 10,789.25 HEALTH INS 10/98 HEALTH INS 10/98 57245 28-Sep-98 Totals Check Number MEDTOX LABORATORIES 57245 MEDTOX LABORATORIES 53.00 53.00 TESTING Check Number 57246 MET COUNCIL ENVIRONMENTAL SVCS 57246 28-Sep-98 Totals Check Number MET COUNCIL ENVIROfWENTAL SVCS 57246 MET COUNCIL ENVIRONMENTAL SVCS Check Number 57247 MIDWEST ASPHALT 21,942.16 21,942.16 OTR SWR SERV 57247 57247 28-Sep-98 28-Sep-98 Totals Check Number MIDWEST ASPHALT MIDWEST ASPHALT 57247 MIDWEST ASPHALT 310.92 415.43 726.35 ST/MATERIAL PATCH MATERIAL Check Number 57248 MIDWEST COCA COLA BOTTLING CO 57248 28-Sep-98 Totals Check Number MIDWEST COCA COLA BOTTLING CO 57248 MIDWEST COCA COLA BOTTLING CO 24.70 24.70 POP RESALE Check Number 57249 57249 HILLER RALPH B. 28-Sep-98 Totals ^eck Number MILLER RALPH E 57249 MILLER RALPH B 66.00 66.00 ELECTlON/TRAINaPRlMARY r 24 Sep 1998 Thu 11;06 AH Check Number Check Number 57250 57250 Check Register City of Orono Page 9 Date Name 57250 MINNCOMM 28-Sep-98 MINNCOMM 28-Sep-98 MINNCOM1 TtotAlf Check Number 57250 minncow Check Nuniber 612SI MINNESOTA SUN PUBLICATIONS 57251 28-Sep-98 MINNESOTA SUN PUBLICATIONS Totals Check Number 57251 MINNESOTA SUN PUBLICATIONS Check Number 57252 HTI DIST CO. 57252 28-Sep-98 HTI DIST CO. Totals Check Number 57252 KTI DIST CO. Check Number 57253 NEOPOST 57253 28-Sep-98 NEOPOST Totals Check Number 57253 NEOPOST Check Number 57254 NSP Check Number 57257 57257 57257 57257 57257 OMAN. LYLE 28-Sep-98 28-Sep-98 28-Sep-98 lO-Aug-98 OMAN. LYLE OMAN. LYLE OMAN. LYLE OMAN. LYLE Totals Check Number 57257 OMAN. LYLE Check Number 57258 PERFORMANCE DRIVING INC. 57258 28-Sep-98 PERFORMANCE DRIVING INC. Transaction Amount 24.15 24.15 48.30 35.00 35.00 10.88 10.86 327.00 327.00 17.92 24.96 14.08 29.44 86.40 Comments PAGER EQUIP PAGER EQUIP 87 DODGE VAN GOLF/PARTS MAINT POSTAGE 9/98-9/99 57254 28-Sep-98 NSP 1,207.47 ST LITES Totals Check Number 57254 NSP 1.207.47 Check Number 57255 O'MALLEY.PHYLLIS B. 57255 28-Sep-98 O'MALLEY.PHYLLIS B.126.00 ELBCTION/TRAINfcPRIMARY Totals Check Number 57255 O'MALLEY,PHYLLIS E.126.00 Check Number 57256 OLD DUTCH POODS INC. 57256 28-Sep-98 OLD DUTCH FOODS INC.17.33 CHIP RESALE Totals Check Number 57256 OLD DirrcH FOODS INC.17.33 TRAV FXP TRAV EXP TRAV EXP REIMBURSE TRAVEL EXP 440.00 PD/DRIVERS TRAIN/B.A.6C.P 24 Sep 1998 rhu 11:06 AM Check Register City of Orono Check Humber Date Name Check Number 57258 PERFORMANCE DRIVING INC. Totals Check Number 57258 PERFORMANCE DRIVING INC. Check Number 57259 PERRY'S SANDBLASTS 57259 57259 28-5ep-98 28-Sep-98 PERRY'S SANDBLAi^riNG PERRY'S SANDBLASTING Totals Check Number 57259 PERRY'S SANDBLASTING Check Number 57260 PETTIT. SA>!DRA K. 57260 28-Sep-98 PETTIT. SANDRA K. Totals Check Number 57260 PETTIT. SANDRA K. Transaction Amount 440.00 247.00 661.30 908.30 42.24 42.24 Page 10 Comments REPAIR 8428 REPAIR 8428 TRAV EXP Check Number 57261 PIONEER 57261 28-Sep-98 PIONEER 19.77 CIVIL DEFENSE SIRENS 57261 28-Sep-98 PIONEER 16.18 AD PHONE SYSTEM BID 57261 28-Sep-98 PIONEER 21.57 WORK SESSION 57261 28-Sep-98 PIONEER 24.66 FILING OF CANDIDATES 57261 28-Sep-98 PIONEER 24.66 VOTER PREREGISTRATION 57261 28-Sep-98 PIONEER 28.76 APP 82400 57261 28-Sep-98 PIONEER 25.17 INTERIM USB ORD 57261 28-Sep-98 PIONEER 25.17 ZONING/AMEND 57261 28-Sep-98 PIONEER 28.76 LAND USB APP 57261 28-Sep-98 PIONEER 71.90 LAND USB APP Totals Check Number 57261 PIONEER 286.6C^ Check Number 57262 RAINBOW COMPUTER FORMS 57262 28-Sep-98 RAINBOW COMPUTER FORMS 717.87 INSPECTION PERMIT FORMS Totals Check Number 57262 RAINBOW COMPUTER FORMS 717.87 Check Number 57263 REED VENDING 57263 28*Sep-98 REED VENDING 86.50 SNACKS Totals Check ihunber 57263 REED VENDING 86.50 Check Humber 57264 RITZ CAMERA 57264 28-Sep*98 RITZ CAMERA 19.19 DEVELOPING 57264 28-Sep>98 RITZ CAMERA 19.11 FILM Totals Check Number 57264 RITZ CAMERA 38.30 Check Number 57265 SCKARBER k SONS 57265 28-C»0-98 SCHARBER k SONS 31.13 ST/EOUIP PARTS Totals Check Number 57265 SCHARBER k SONS 31.12 24 Sep 1998 Thu 11:06 AM Check Number Check Number 57256 Date NaTie Check Register City of Orono 57266 SHEMANER, JOYCE 28-Sep-98 SHEMANER, JOYCE Totals Check Number 572v6 SHEMANER, JOYCE Check Number S7267 SKERF, JULIE Transaction Amount 123.50 123.50 Page 11 Comments ELECTION/TRAINiPRIMARY 57267 28-Sep-98 Totals Check Number SHERF, JULIE 57267 SHERF, JULIE Check Number 57268 57268 SLECHTA, ELAINE 28-Sep-98 Totals Check Number SLECHTA, ELAJNE 57268 SLECHTA, ELAINE Ch»*ck Number 57269 57269 57269 SNYDER DRUG STORES 28-Sep-98 28-Sep-98 Totals Check Number SNYDER DRUG STORES SNYDER DRUG STORES 57269 SNYDER DRUG STORES Check Number 57270 57270 57270 SOUTHERN MN CONSTRUCTION CO Sep-98 28-Sep-98 Totals O.Ac/c Number SOUTHERN MS CONSTRUCTION CO SOUTHERN MN CONSTRUCTION CO 57270 SOUTHERN MN CONSTRUCTION CO Check Number 57271 57271 SPILSBT’ PAF 28-Sep-98 Totals Check Number SPILSETH, P;. ' 57271 SPILSETH, P7.T Check Number 57272 57272 ST. JOSEPH'S EQUIPMENT INC 28-Sep-98 Totals Cieck Number ST. JOSEPH'S EQUIPMENT INC, 57272 ST. JOSEPH'S EQUIPMENT INC, Check Number 57273 57273 STA-SAFE LOCKSMITH 28-Sep-98 Totals Check Number STA-SAFE LOCKSMITH 57273 STA-SAFE LOCKSMITH Check Number 57274 :>7274 STATE OF MINNESOTA 28-Sep-98 Totals Check Number STATE OF M:^WESOTA 57274 STATE CF MINNESOTA 102.00 102.00 48.00 48.00 6.63 3.41 10.04 22.365.00 25.500.00 47.865.00 60.00 60.00 430.83 430.83 45.5v 45.50 20.00 20.00 ELECTION/TRAIN&PRI.vaRY ELECTION/PRI.MARY SUPPLIES FII>1 DEVELOPING 5/15/98 STORM/ADD. BRUSH 5/15STORM/GRIND BRUSH ELECTION/TRAINaPRIMARY ST/REPAIR a LABOR SERVICE CALL ST/INSP AIR TANK RENEW r 24 Sep 1998 Thu 11:06 AM Cheek Number Check Number 57275 Check Register City of Orono Date Name 57275 STINSON. MARY A. 28-Sep-98 STINSON. MARY A. Totals Check Number 57275 STINSON. MARY A. Check Number d/276 57276 SUBURBAN TIRE INC. 28-Sep-98 Totals Check Number SUBURBAN TIRE INC 57276 SUBURBAN TIRE INC. Check Number 57277 57277 SWENSON ELECTRONICS 28-Sep-98 * SWENSON ELECTRONICS Totals Check Number 57277 rWENSON ELECTRONICS Check Number 57278 57278 TEMPORARIES-TO-GO 26-Sep-98 Totals Check Number TEMPORARIES-TO-GO 57278 TEMPORARIES-TO-GO Check Number 57279 57279 THE HOME DEPOT 28-Sep-98 Totals Check Number THE HOME DEPOT 572*79 THE HOME DEPOT Check Number 57280 57280 THORNE. MARILY B. 28-Sep-98 Totals Check Number THORNE. MARILY B 57280 THORNE. MARILY B Check Number 57281 57281 THORPE DIST CO. 28-Sep-98 Totals Check Number THORPE DIST CO. 57281 THORPE DIST CO. Check Number 57282 57282 TILLOTSON. GLENN 28-Sep-98 Totals Check Number TILLOTSON. GLENN 57282 TILLOTSON. GLENN Check Number 57283 57283 TOLL GAS L WELDING SUPPLY 28-Sep-98 Totals Check Number TOLL GAS 4 WELDING SUPPLY 57283 TOLI GAS 4 WELDING SUPPLY Transaction Amount 114.00 114.00 558.23 558.23 62.60 62.60 60.00 6Q.00 362.72 362.72 102.00 102.00 58.50 58.50 66.00 66.00 97.58 97.58 Page 12 Comments ELECTI0N/TRAIN4PRIMARY VEHICLE PARTJ VCR REPAIR TEMP EMP PICNIC SWR STATION/CABINETS BLECTI0N/TRAIN4PRIMARY BEER RESALE ELECTION /TRAIN4PRIMARY WELDING SUPPLIES Check Number 57284 TOWARD. HELEN 24 Sep 1998 Thu 11:06 AM Check Number Check NVimber 57284 Check Register City of Orono Date Name 57284 TOMARD, HELEN 28-Sep-98 TOWARD, HELEN ToLals Check Number 57284 TOWARD, HELEN Qieck Number 57285 57285 TOWARD, WILLIAM R. 28-Sep-98 Totals Check Number TOWARD, WILLIAM R 57285 TOWARD, WILLIAM R Check Number 57286 TRACY TRIPP P^LS Transaction Amount 130.20 130.20 102.00 102.00 Page 13 Comments ELECTI0N/TRAIN5PRIMARY BLECTION/TRAINiPRIMARY 57286 28-Sep-98 Totals Check Number TRACY TRIPP FUELS 57286 TRACY TRIPP FUELS Check Number 57287 57287 57287 TRI STATE PUMP 28-Sep-98 28-Sep-98 Totals Check Number TRI STATE PUMP TRI STATE PUMP 57287 TRI STATE PUMP Check Number 272.87 272.87 319.50 1,218.52 1,538.02 FUELS CK CINDER STATION S/REPAIRS 57289 TRUE VALUE HARDWARE 57289 *28-Sep-98 TRUE VALUE HARDWARE 12.06 w /MISC EQUIP 57289 28-Sep-98 TRUE VALUE HARDWARE 15.64 S /MISC EQUIP 57289 28-Sep-98 TRUE VALUE HAPDWARE 4.09 S /MISC LwDIP 57289 28-Sep-98 TRUE VALUF > uU)WAR£6.94 S /MISC EQUIP 57289 28-Sep-98 TRUE VALUE HARDWARE 133.49 S /MISC EQUIP 57289 28-Sep-98 TRUE VALUE HARDWARE 5.65 2 /MISC EQUIP 57289 28-Sep-98 TRUE VALUE HARDWARE 15.94 W /NARK PAINT 57289 28-Sep-98 TRUE VALUE HARDWARE 6.49 w /EQUIP/PAjITS 57289 28-Sep-98 TRUE VALUE HARDWARE 4.78 PD/EQUIP/PA.RTS 57289 28-Sep-98 TRUE VALUE HARDWARE 18.38 PD/EQUIP/PA.RTS 57289 28-Sep-98 TRUE VALUE HARDWARE 3.14 ST/ PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 12.28 PD/ PARTS 57289 28-Sep-98 TRUE \ALUE HARDWARE 2.52 S /PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 34.67 s/PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 3.14 ST/PARTS 57289 28-Sep-98 TRI 2 VALUE HARDWARE 12.78 s/PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 4.60 GOLF/PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 38.27 ST/S PARTS 57. -28-Sep-98 TRUE VALUE HARDWARE 38.26 ST/S PARTS 57289 28-Sep-98 TRUE VALUE HARDWARE 5.20 BIKE PATROL STRAPS Totals Check Number 57289 TRUE VALUE HARDWARE 378.52 Check Number 57290 UNUM LIFE INSURANCE •- LIFE 57290 28-Sep-98 UNUM LIFE ;[NSURANCE - LIFE 0.85 LIFE INS 1 24 Sep 1998 Thu 11:0C AM Check Number Check Number 57290 57290 57290 Check Register City of Orono Page 14 Date Name 57290 UNUM LIFE INSURANCE - LIFE 28-Sep-98 UNUM LIFE INSURANCE - LIFE 28-Sep-98 UNUM LIFE INSURANCE - LIFE 28-Sep-98 UNUM LIFE INSURANCE - LIFE Totals Check Number 57290 UNUM LIFE INSURANCE - LIFE Check Number 57291 VAN ZOMEREN* ELIZABETH 57291 28-Sep-98 VAN ZOMERd, ELIZABETH Totals Check Number 57291 VAN ZOMEREN, ELIZABETH Check Number 57292 WALTER H. JELLY LTD 57292 28-Sep-98 WALTER H. JELLY LTD Totals Check Number 57292 WALTER H. JELLY LTD Check Number 57293 WARNING LITES OF HN 57293 28-Sep-98 WARNING LITES OF MN Totals Check Number 57293 WARNING LITES OP MN Check Number 57294 WIDMER INC 57294 *28-Sep-98 WIDMER INC Totals 0\eck Number 57294 WIDMER INC Oieck Number 57295 WOLVERTON.WES 57295 28-Sep-98 WOLVERTON.WES Totals Check Number 57295 WOLVERTON.WES Check Number 57296 YOCUM OIL CO INC. 57296 28-Sep-98 YOCUM OIL CO INC. Totals Check Number 57296 YOCUM OIL CO INC. Check Number 57297 YOUNGDAHL COMPANIES 57297 28-Sep-98 YOUNGDAHL COMPANIES 57297 28-Sep-98 YOUNGDAHL COMPANIES 57297 28-Sep-9B YOUNGDAHL COMPA!?IES 57297 28-Sep-98 YOUNGDAHL COMPANIES Totals Ch2ck Number 57297 YOL'NGDAHL COMPANIES Transaction Amount 6 28 14.67 519.15 540.95 49.80 49.80 63.92 63.92 137.81 137.81 820.00 820.00 63.00 63.00 942.51 942.51 Comments LIFE INS LIFE INS LIFE INS TR EXP SUPPLIES S/RENTAL ROAD SIGNS S/REPAIR BREAK/CO RD135 ELECTION/TRAINtFRIMARY ST/DIESEL FUEL 75.00 INS AGENT 4TH OTR 175.00 INS AGENT 4TH omi 75.00 INS AGENT 4TH QTR 1.475.00 1.800.00 INS AGENT 4TH QTR Grand Total 187,391.64 esformation COUNCIL MtETiNG SEP 2 8 1998 CrTYCFORONO ITEMS COUNCIL MEETING COUNCIL MEETINQ SEP 2 8 1998 CITYOFORONO OF : » I \ TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator September 25,1998 oUUNClL Mcill.'Ju SEP 2 8 1998 CnYOFCRONO SUBJECT: Commendations to City Election Officials for Extra Efforts in Handling the Busy Primary/Referendum Election Although the voter turnout in Orono is always higher than the average, Primary Elections tend to have smaller voter turnouts. This year, however, the Primary Election was very busy due to the Orono Schools referendum. Normally the number of ballots printed for Primary Elections is significantly lower than the amount printed for General Elections. Although additional ballots were printed this year due to the referendum election, the turnout was so high that several precincts ran out of electronically readable ballots. This meant the Election Oficials had to hand tally the votes for a large number of ballots. This extra work kept Election Officials busy until well past midnight. The Election Officials are to be commended for their extra time and effort to ensure the election activities were properly completed. COUNCIL M^SrriNQ i; TO; FROM: DATE; Mayor and City Council Ron Moorse, City Administrator September 25,1998 o EP 2 8 1998 crfY OF onoNO SUBJECT; International City Management Association (ICMA) Annual Conference I will be out of town from October 24 to November 1 to attend the annual ICMA conference. The conference is being held in Orlando. Florida from Saturday, October 24 to Wednesday October 28. I will use vacation time to extend the trip to November 1. I will be back in the office on Monday, November 2. i ; % 1 MREPORT NBR. BPRMTISS-1 DATE OP RUN 09/03/98 'mm'-PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE COUNCIL MtSTiNv3PERMIT ISSUED REPORT CITY OF ORONO * * * « *SEP 2 8ib|3?>1§PAGE: 1STER: CAROLE. . . . . . . CURREJ RANGE. . . . . 01/01/98 - 08/31/98 01/01/97 PERMIT TYPE QTY BASE FEB VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW Building SGL PAMILY-NEH 24 61,865.75 11,410,331.44 40,139.73 16 30,869.75 4,959,745.46 20,065.31 SP-ADD/RBMODEL 249 58,737.50 5,096,963.26 25,251.05 200 51,221.25 4,702,157.90 24,349.67 SP-ACC STRUCTURE 27 7,984.00 802,240.00 5,094.72 17 3,409.75 295,805.60 2,233.89 DEMO/PRINCIPAL 12 630.00 0.00 0.00 7 380.00 0.00 0.00 COMMERCIAL-NEW 1 6,365.25 1,492,000.00 4,137.41 1 887.25 100,000.00 576.71 COM-ADD/REMODEL 5 1,704.00 191,875.00 941.36 7 2,942.00 339,296.00 413.72 COM-ACC STRUCTUR 5 1,462.25 110,000.00 105.46 0 0.00 0.00 0.00 DEMO 1 50.00 0.00 0.00 2 100.00 0.00 0.00 INST-ADD/REMODEL 3 902.25 122,480.00 0.00 2 1,579.50 194,310.00 219.21 INST-ACC STRUCT 0 0.00 0.00 0.00 1 29.25 775.00 19.01 DEMO-ACCESSORY 6 180.00 0.00 0.00 7 240.00 0.00 0.00 ACC/GARAGES 19 4,237.25 291,715.20 2,734.73 4 883.50 58,901.00 574.28 Sub-total 352^144,198.25*19,517,604.90*70,404.46*264*92,622.25*10,650,990.96*48,451.80* Mechanical HEATING SYSTEMS 80 11,907.90 946,918.44 0.00 74 6,610.91 514,184.88 0.00 AIR CONDITIONING 21 1,031.10 71,105.52 0.00 8 397.50 25,965.00 0.00 WOOD STOVE/PLUE 2 70.00 3,000.00 0.00 1 35.00 2,500.00 0.00 PIREPLACE 52 2,295.19 134,723.00 0.00 41 1,539.69 75,398.55 0.00 VENTILATION 5 175.00 7,400.00 0.00 6 210.00 9,860.00 0.00 GAS LINE INSPECT 7 245.00 7,459.00 0.00 16 560.00 7,450.00 0.00 DUCT WORK ONLY 14 506.25 22,983.00 0.00 7 245.00 8,365.00 0.00 REMOVE OIL TANK 7 245.00 5,213.75 0.00 7 1,060.00 74,800.00 0.00 Sub-total 180*16,555.44*1,198,802.71*0.00*160*10,666.10*718,523.43*0.00* Plumbing PIXTURES 124 10,249.41 707,203.38 0.00 117 8,5i:2.84 534,596.86 0.00 SPRINKLER 1 82.75 6,620.00 0.00 4 231.69 14,535.00 0.00 WATER METER 10 1,670.00 2,725.00 0.00 9 1,564.99 0.00 0.00 VACUUM BREAKER 9 315.00 2,450.00 0.00 3 105.00 600.00 0.00 UNDEPINED 1 35.00.600.00 0.00 2 7 00 1,150.00 0.00 Sub-total 145*12,352.16*719,590.38*0.00*135*10,494.52*550,881.86*0.00* Sewer & Water SEWER CONNECTION 27 945.00 0.00 0.00 4 140.00 0.00 0.00 WATER CONNECTION 1 35.00 0.00 0.00 1 35.00 0.00 0.00 NEW SEPTIC SYSTE 21 2,050.00 0.00 0.00 17 1,700.00 0.00 0.00 DRNPLD (t/OR TANK 2 100.00 0.00 0.00 2 100.00 0.00 0.00 SAC ONLY 25 23,250.00 0.00 0.00 4 3,800.00 0.00 0.00 SEPTIC CONNECTIN 1 50.00 0.00 0.00 0 0.00 0.00 • 0.00 SEWER DISCONNECT 1 35.00 0.00 0.00 0 0.30 0.00 0.00 SEWER REPAIR 1 35.00 750.00 0.00 0 0.00 0.00 0.00 SEWER fc WATER 1 70.00 0.00 0.00 3 210.00 0.00 0.00 UNDEPINED 1 0.00 0.00 0.00 2 70.00 0.00 0.00 Sub-total 81*26,570.00*750.00*0.00*33*6,03*'’ .00*0.00*0.00* Sign PERMANENT/POSTED 1 137.25 7,800.00 0.00 d 0.00 0.00 0.00 PER /PRBE STANDG 0 0.00 0.00 0.00 3 110.25 3,300.00 0.00 PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE REPORT NBR. BPRMTISS-1 DATE OP RUN 09/03/98 PERMIT ISSUED REPORT CITY OF ORONO * * * * *PAGE: 2 REQUESTER: CAROLE range - - - 01/01/98 -03/31/98 01/01/97 DUS RANGE - - - - - 08/31/97 PERMIT TYPE TEMPORARY QTY 2 BASE PEE 70.00 VALUATION o n n PLAN REVIEW QTY BASE PEE VALUATION PLAN REVIEW Sub-total 3^207.25* u • u u 7,000.00* 0.00 0.00* 4 7* 120.00 238.25* 0.00 3,300.00* 0.00 0.00* Piro PIRE SPRINKLER 0 0.00 n nn A 140.00 0.00 140.00* FIRE SPRINKLER Sub-total 1 3,650.00 3,650.00* 292.000. 00 292.000. 00* 0.00 0.00 0.00* 1 0 1* 11,200.00 0.00 11,200.00* 0.00 0.00 0.00* User Defined • LAND ALTERATION TREE REMOVAL 27 0 1,450.00 0.00 500.00 n nn 0.00 12 675.00 0.00 0.00 RETAINING WALLS 0 0.00 n nn 0.00 A A A 2 60.00 0.00 0.00 DOCKS 0 0.00 V/ . u u n nn 0.00 1 62.25 2,000.00 0.00 LAWN SPRINKLER 23 605.00 u • uu n nn 0.00 A A A 3 90.00 2,500.00 0.00 Sub-total 50*2,255.00* w • U U 500.00* 0.00 0.00* 24 42* 840.00 1,727.25* O.OU 4,500.00* 0.00 0.00* Grand-total 820**205,788.10** 21 ,737,055.99**78,404.46**642**121,943.37**11,939,396.25**48,451.80** >«PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE •REPORT NBR. BPEERPT2-1 DATE OP RUN 09/03/98 ***** PERMIT FEE CITY OP FROM 01/01/98 REPORTORONOTO 08/31/98 PAGE:REQUESTER: CAROLE BUILDING MECHANICAL PLUMBING SEWER fit WATER USER SIGN FIRE BASE PEE 144,198.25 16,555.44 12,352.16 26,570.00 2,255.00 207.25 3«650.00 PliAN REVIEW 78,404.46 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 9,603.26 603.20 372.39 27.50 11.50 0.00 146.00 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 1,000.00 0.00 0.00 5,000.00 0.00 0.00 0.00 INVESTIGATION 2,445.25 0.00 0.00 0.00 120.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN •92 STUBBS BAY SEWER CONN CHARG SEWER CONNECTION WATER CONNECTION STAFF PEES 1.50 14,655.00 167.80 64.90 1.50 8.700.00 4.190.00 7,50 530.00 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 250,307.72 17,326.44 12,789.45 44,489.00 2,924.00 207.25 3,796.00 PAGE: 13TBR: CAROLE 0.00 3,796.00 PAGE: 2 STER: CAROLE PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT NBR. BPRMTISS-1 DATE OF RUN 09/03/98 ***** PERMIT ISSUED REPORT CITY OF ORONO *****PAGE; 1REQUESTER: CAROLE-- CURRENT RANGE 01/01/98 - 08/31/98 -- PREVIOUS RANGE - 01/01/97 - 08/31/97PERMIT TYPEUser Defined SUBDIVISION VARIANCE CUP SKETCH PLAN VARIANCE/CUP VACATION REZONING RQST SIMILAR USE Sub-total Grand-total QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW 10 5,537.50 0.00 0.00 10 11,337.50 0.00 0.00 44 11,560.00 0.00 0.00 59 13,630.00 0.00 0.00 13 1,950.00 0.00 0.00 12 2,625.00 0.00 0.00 2 500.00 0.00 0.00 5 1,250.00 0.00 0.00 5 1,300.00 0.00 0.00 3 795.00 0.00 0.00 1 300.00 0.00 0.00 3 800.00 0.00 0.00 0 0.00 0.00 0.00 2 0.00 0.00 0.00 2 250.00 0.00 0.00 0 0.00 0.00 0.00 77*21,397.50*0.00*0.00*94*30,437.50*0.00*0.00* 77**21,397.50**0.00**0.00**94**30,437.50**0.00**0.00** REPORT NBR. BFBERPT2-1 DATE OP RUN 09/03/98 * * * * *PERMIT FEE REPORT ***** CITY OF ORONO FROM 01/01/98 TO 08/31/98 USER REPORT TOTAL BASE FEE 21,397.50 21,397.50 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 21,397.50 21,397.50 PAGE; 1 REQUESTER: CAROLE Nfn 1998 RECAP OF CONTRACT CITIESJanuaryFebruary March April Nay June July August Septeinber October November December YTO TotalsSpring ParkPlan Review 0.00 0.00 0.00 414.21 0.00 580.62 0.00 1,880.28 2,875.11Inspections15.00 45.00 60.00 45.00 60.00 60.00 105.00 255.00 610.00 • Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 200.00 TOTAL 40.00 70.00 85.00 484.21 85.00 665.62 130.00 2,160.28 3,720.11 No. Plan Reviews 0 0 0 1 0 2 0 4 7 No. Inspections 1 3 4 3 4 4 7 17 43 Ninnetonka Beach Plan Review 7.206.05 2,133.30 2,493.88 170.46 308.10 0.00 193.50 2,956.68 15,461.97 Inspections 195.00 285.00 225.00 540.OC 525.00 270.00 165.00 255.00 2,460.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 200.00 TOTAL 7.426.05 2.443.30 2.743.88 735.46 858.10 295.00 383.50 3,236.68 18,121.97 No. Plan Reviews 0 2 3 1 4 0 2 5 17 No. Inspections 13 19 15 36 35 18 11 17 164 7.466.05 2.513.30 2.828.88 1.219.67 943.10 960.62 513.50 5,396.96 21,842.08 '• 1 1 REPORT NBR, BPRMTISS-1 DATE OF RUN 09/03/98 PERMIT TYPE Building SGL FAMILY-NEW 3F-ADD/REMODEL SF-ACC STRUCTURE DEMO/PRINCIPAL COM-ADD/REMODEL DEMO INST-ADD/REMODEL DEMO-ACCESSORY ACC/GARAGES Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING FIREPLACE VENTILATION GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK Sub-total Plumbing FIXTURES WATER METER VACUUM BREAKER UNDEFINED Sub-total Sewer & Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTE SAC ONLY SEWER & WATER Sub-total Sign PERMANENT/POSTED TEMPORARY Sub-total User Defined LAND ALTERATION TREE REMOVAL RETAINING WALLS LAWN SPRINKLER Sub-total Grand-total QTY 5 31 4 1 0 1 1 2 5 50* 25 8 6 0 2 2 1 44* 13 4 2 1 20* 0 0 1 1 0 2* 1 1 2* 10 0 0 4 14* 132** PERMITS ISSUED/FEES COLLECTED***** PERMIT ISSUED REPORT CITY OF ORONO 08/01/98 - KANGE - - - - - 08/31/98 BASE FEB VALUATION PLAN REVIEW 12,350.50 2 ,494,355.44 7,954.86 7,571.75 595,733.01 3,475.22 895.25 77,560.00 568.27 50.00 0.00 0.00 0.00 0.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 60.00 0.00 0.00 904.75 62,933.20 640.10 21,962.25* 3 ,230,581.65*12,630.45* 3,844.71 304,120.00 0.00 334.20 19,842.00 0.00 282.50 17,700.00 0.00 0.00 0.00 0.00 70.00 1,800.00 0.00 72.50 4,000.00 0.00 35.00 1,475.00 0.00 4,638.99*348,937.00*0.00* 992.00 64,687.00 0.00 244.00 2,725.00 0.00 70.00 700.00 0.00 35.00 600.00 0.00 1,341.00*68,712.00*0.00* 0.00 0.00 0.00 0.00 0.00 0.00 100.00 0.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 1,100.03*0.00*0.00* 137.25 7,000.00 0.00 35.00 0.00 0.00 172.25*7,800.00*0.00* 600.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 140.00 0.00 0.00 740.00*0.00*0.00* 29,954.49** 3,656,030.65**12,638.45** * # « * *mmAUGUST 1998 SEP 2r ^UBSXER:^C^CAROLE . . . . . . . PREVIC 08/01/97 )US RANG - 08/36 s:%1t1111111QTY BASE FEE VALUATION PLAN REVIEW 3 6,268.00 1,025,000.00 4,074.20 36 4,666.25 323,373.00 1,580.96 4 508.75 28,226.00 330.70 1 50.00 0.00 0.00 1 287.25 20,000.00 186.71 0 0.00 0.00 0.00 1 337.25 23,310.00 219.21 2 60.00 0.00 0.00 1 137.25 7,200.00 89.21 49*12,314.75*1,427,109.00*6,480.99* 18 1,853.76 145,500.00 0.00 2 70.00 4,095.00 0.00 5 209.23 12,466.00 0.00 1 35.00 2,300.00 0.00 4 140.00 2,325.00 0.00 1 35.00 965.00 0.00 2 70.00 1,950.00 0.00 33*2,412.99*169,601.00*0.00* 13 666.01 33,709.78 0.00 1 191.00 0.00 0.00 1 35.00 200.00 0.00 0 0.00 0.00 0.00 15*092.01*33,909.78*0.00* 1 35.00 0.00 0.00 1 35.00 0.00 0.00 2 200.00 0.00 0.0000.00 0.00 0.00 1 70.00 0.00 0.005*340.00*0.00*0.00* 0 0.00 0.00 0.00 1 30.00 0.00 0.00 1*30.00*0.00*0.00* 4 175.00 0.00 0.00 1 30.00 0.00 0.00162.25 2,000.00 0.004140.00 0.00 0.0010*407.25*2,000.00*0.00* 113**16,397.00**1,632,619.78**6,480.99** r-m t b-uVi tasi J PERMITS ISSUED/FEES COLLECTEDREPORT NBR. BPEBRPTl-1 DATE OP RUN 09/03/98 AUGUST 1998 BABB PEE PLAN REVIEW SURCHARGE Lie. SEARCH PBB SAC INVESTIGATION DEPOSIT MAIL IN STAPP PEES ESCROW PERMIT TOTAL BUILDING 21,962.25 12,638.45 1,558.80 0.00 0.00 1,222.00 0.00 0.00 37,381.50 MECHANICAL 4,638.99 0.00 174.74 0.00 0.00 0.00 0.00 44.82 0.00 4,858.55 ***** PERMIT PEE REPORT ***** CITY OP ORONO FROM 08/01/98 TO 08/31/98 PLUMBING SEWER k WATER 1,341.00 0.00 36.79 0.00 0.00 0.00 0.00 10.50 0.00 1,388.29 1,100.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 1,100.50 USER 740.00 0.00 2.00 0.00 0.00 0.00 0.00 530.00 0.00 1,272.00 PAGE: 41 REQUESTER: CAROLE SIGN 172.25 0.00 0.00 0.00 0.00 0.00 0.00 FIRE 0.00 0.00 0.00 O.OO 0.00 0.00 0.00 0.00 172.25 0.00 0.00 REPORT NBR. BPEBRPTl-1 DATE OP RUN 09/03/98 REPORT TOTAL ***** PERMIT FEE REPORT ***** CITY OP ORONO PROM 08/01/98 TO 08/31/98 PAGE: 42 REQUESTER: CAROLE BASE PBB 29,954.49 PLAN REVIEW 12,638.45 SURCHARGE 1,772.83 Lie. SEARCH PBB 0.00 SAC 0.00 INVESTIGATION 1,222.00 DEPOSIT 0.00 MAIL IN STAPP PEES 55.32 530.00 ESCROW 0.00 PERMIT TOTAL 46,173.09 THU, SEP 3, 1998, 5:03 PM PERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET PAGE 1 AUGUST 1998 ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM 01 4775 BAYSIDB RD 01 781 FERNDALE RD N 01 . 1770 WEST FARM RD 01 150 NORTH SHORE DR 02 139C REST PT RD 02 2435 COUNTRYSIDE DR 02 1060 BROWN RD N 04 710 GANDER RD 04 3350 FOX ST 04 1365 REST PT RD 04 3465 CRYSTAL PL 04 2917 CASCO POINT RD 05 2010 COLIN DR 06 1525 6TH AVE N 10 2435 COUNTRYSIDE DR 10 1225 LOMA LINDA AVE 11 2871 CASCO POINT RD 11 3915 S SHORELINE DR 50C 11 4755 NORTH SHORE DR 11 3405 HIGH LA 11 233 NORTHGATE RD 11 4775 NORTH SHORE DR 11 3135 NORTH SHORE DR 11 1610 SHADYWOOD RD 11 1420 3ALDUR PARK RD 16 1960 SHORELINE DR 16 2300 OLIVE AVE 17 905 OLD CRYSTAL BAY 17 4104 HIGHWOOD RD 21 865 FERNDALE RD W 21 1540 NORTH ARM DR 21 3420 NORTH SHORE DR 21 2750 KELLEY PKWY 21 3525 IVY PL 21 585 FERNDALE RD N 21 1045 LINDEN LA 21 1179 NORTH ARM DR 24 1384 BALDUR PARK RD 29 3415 EASTLAKE ST 29 2229 SHADYWOOD RD 29 3155 CASCO CIR 29 2760 PHEASANT RD 29 1220 TONKAWA RD 29 1645 BOHNS PT RD 29 2103 SUGARWOOD DR 29 300 6TH AVE N 30 3105 6TH AVE N 30 3515 6TH AVE N 31 1375 PARK DR 33 50C 2650 SILVER VIEW DR 01 35 CRYSTAL CREEK RD 01 135 ORONO ORCHARD RD 98/08/31 98/08/04 98/08/13 98/08/18 98/08/04 98/08/03 98/08/27 98/08/31 98/08/05 98/08/13 98/08/7.8 98/08/18 98/08/19 98/08/18 98/08/12 98/08/17 98/08/04 98/08/04 98/08/13 98/08/13 98/08/18 98/08/20 98/08/25 98/08/27 98/08/28 98/08/11 98/08/31 S 98/08/26 98/08/31 98/08/04 98/08/10 98/08/17 98/08/20 98/08/19 98/08/19 98/08/21 98/08/28 98/08/18 98/08/12 98/08/12 98/08/13 98/08/18 98/08/18 98/08/28 98/08/31 98/08/31 98/08/21 98/08/10 98/08/11 98/08/19 OR-010309 OR-010567 OR-010579 OR-010624 OR-009943 OR-010430 OR-010656 OR-010530 OR-010569 OR-010617 OR-010622 OR-010639 OR-010549 OR-010632 OR-010601 OR-010628 OR-010572 OR-010574 OR-010616 OR-010620 OR-010640 OR-010651 OR-010665 OR-010681 OR-010689 OR-010596 OR-010696 OR-010676 OR-010702 OR-010573 OR-010588 OR-010627 OR-010633 OR-010635 OR-010647 OR-010653 OR-010684 OR-010637 OR-010602 OR-010604 OR-010619 OR-010630 OR-010643 OR-010683 OR-010695 OR-010697 OR-010580 OR-010603 OR-010600 OR-010646 00000000 14774325 14750918 17510488 19722716 16311100 00000000 00000000 00000000 00000000 16450331 00000000 19722716 00000000 00000000 00000000 14702001 00000000 14228921 15410304 17226717 00000000 17749422 14987401 00000000 00000000 16522123 00000000 00000000 18252800 14721321 00000000 14987844 00000000 17215546 OOOOCOOO OOOOJOOO 00000000 00000000 00000000 15590102 15354515 00000000 19449499 14732588 13380665 00000000 14*)87044 14724118 00000000 EROTAS BUILDING CORORATION BRUCE BREN HOMES MATTSON CONTRACTING HIRSCH AL CONST PATIO ENCLOSURES INC SUSSEL CORPORATION HIRSCH AL CONST CHRISTIANS INC MEYERS CONSTRUCTION CO WESTERN CEDAR SUPPLY H fc L REMODELING LEGVOLD CONSTRUCTION CO MAVERICK CONSTR INC SLATER EXCAVATING UNGERMAh RA CONSTR INC HINCK MIKE EBERT CONSTRUCTION SAMPSON-LINDGREN INC OWNER LAST NM MELINE 141,355.44 TAPANI 1,597,000.00 BRACKEN 550,000.00 DZUBAY 200,000.00 WALSH 60,000.00 SWENSON 27,632.00 LUCAS 40,000.00 DANIELS 6,272.00 FULLERTON 28,261.20 BERSCHEID 15,000.00 KROEGER 8,900.00 KAIL 4,500.00 MACMILLAN 58,500.00 MORRISON 10,000.00 SWENSON 6,000.00 UDELL 5,000.00 WOLLFB 16,000.00 KRUGER 400.00 EVERSON 5,685.00 REILLY 8,460.00 KELLY 14,360.00 BOLL 1,000.00 RUSSELL 10,000.00 ROGERS 9,596.01 ANDERSON 500.00 CRBAR .00 JAGODZINSKI .00 ANDERSEN .00 SAUER .00 LINDBERG 25,000.00 LINDGRBN 1,400.00 KIVUS 3,200.00 .00 CUMMINNS 25,000.00 DANIELSON 9,500.00 JOHNSON 8,000.00 FINNAMORR BLDG CORP SUNSTATE CONCEPTS VERSTEEG JARNIG PIEPER ROBERTACCIO MAHONEY GUTTORMSON LECY CONST INC HALLORAN LAKEWOOD DEVELOPMENT HOGAN MONSON INTERIOR DESIGN INC DAYTON YOUNG EBERT CONSTRUCTION BERRY CONCEPT LANDSCAPING, INC. MURPHY CROTTEAU OR-010571 34791483 A-1 HEATING & AIR CONDITIO KOEHLER 98/08/05 OR-010575 24738793 CITYVIEW PLBG i HTG RYDELL 1,100.00 200.00 1,000.00 6,000.00 60,000.00 5.200.00 12,000.00 24.000. 00 67.000. 00 80.000. 00 2.560.00 70,000.00 4.500.00 500.00 10,000.00 1,500.00 THU, SEP 3, 1990, 5:03 PMPERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET PAGE 2AUGUST 1998ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION 44C PL 01 01 01 . 01 01 01 01 01 01 01 01 01 01 01 02 02 02 19 19 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 29 44C 01 01 01 01 01 01 01 01 01 04 765 14 0 2801 1540 3850 1145 1940 2450 35 2850 1540 140 1645 3580 3225 4440 2550 2500 725 3265 2675 2605 801 941 2680 2300 120 405 3415 920 3090 275 500 2275 2675 1480 1680 4174 2610 965 3498 3580 3580 2001 125 3405 1540 111 2520 2300 1540 1365 FERNDALE RD N GOLDEN VIEW DR FOX ST BOHNS PT RD BAYSIDE RD WILLOW DR S COUNTRY CLUB RD WOODHAVEN DR CRYSTAL CREEK RD SOMERSET LA BOHNS PT RD GOLDEN VIEW DR BOHNS PT RD WATERTOWN RD BAYSIDE RD BAYSIDE RD SILVER VIEW DR SHADYWOOD RD 6TH AVE N CRYSTAL BAY RD FOX ST LYDIARD CIR TONKAWA RD NORTH ARM DR PHEASANT RD OLIVE AVE ORONO ORCHARD RD OXFORD RD CRYSTAL BAY RD FOREST ARMS LA FARVIEW LA HOLLANDER RD TONKAWA RD LONGVIEW CIR FOX ST 6TH AVE N NORTH FARM RD HIGHWOOD RD WEST LAFAYETTE RD EDGEWOOD HILLS RD NORTH SHORE DR WATERTOWN RD WATERTOWN RD FOX ST TRUFFULA TR LIVINGSTON AVE FOX ST LUCE LINE RIDGE THOROUGHBRED LA OLIVE AVE BOHNS PT RD REST PT RD 90/08/05 OR- 90/08/05 OR- 98/08/07 OR- 98/08/07 OR- 98/08/12 OR- 98/00/12 OR- 98/00/12 OR- 98/00/13 OR- 90/08/20 OR- 98/08/25 OR- 90/00/25 OR- 98/00/27 OR- 90/00/27 OR- 90/00/27 OR- 98/00/05 OR- 98/08/10 OR- 98/08/20 OR- 98/08/14 OR- 90/08/25 OR- 90/00/10 OR- 98/08/10 OR- 98/00/10 OR- 98/08/10 OR- 98/00/12 OR- 98/08/12 OR- 90/00/12 OR- 98/08/12 OR- 90/00/12 OR- 90/00/12 OR- 90/00/12 OR- 90/00/25 OR- 90/08/25 OR- 90/00/25 OR- 90/00/25 OR- 90/00/25 OR- 90/00/25 OR- 90/00/25 OR- 90/08/25 OR- 98/00/25 OR- 90/00/25 OR- 98/00/26 OR- 90/08/07 OR- 010577 010578 010583 010586 010608 010611 010612 010615 010652 010661 010670 010677 010670 010679 010576 010594 010649 010625 010674 010590 010591 010593 010595 010605 010606 010607 010609 010610 010613 010614 010660 010662 010663 010664 010667 010668 010669 010671 010672 010673 010675 010581 98/08/03 98/08/07 98/08/07 98/08/17 98/00/18 90/00/10 98/00/20 98/08/27 90/00/31 90/00/13 OR-010560 OR-010505 OR-010507 OR-010636 OR-010638 OR-010641 OR-010650 OR-010600 OR-U10699 OR-010610 35350194 DEAN'S TANK OIL SHANBDLING 1,475.00 35712525 AUTOMATIC GARAGE DOOK CC 5,000.00 34422417 LINDENEIBR SERVICES KLUTH 3,250.00 34701112 LARSCK MASONRY 6,400.00 38819000 SEDGWICK HTG & AC CO MADSON 19,282.00 34458585 RON'S MECH INC PERL 1,500.00 34450585 RON'S MECH INC SMITH 1,500.00 36332561 FIRESIDE CORNER 1,100.00 35531445 GUYERS BUILDERS EXPRESS RICHARD 1,000.00 38940005 BURNSVILLE HEATING CO 13,000.00 39414211 KLEVB HTG & AC 32,000.00 27844792 HOKANSON PLUMBING INC 12,453.00 38940005 BURNSVILLE HEATING CO 1,000.00 37217363 PMR MECHANICAL INC 14,300.00 24730793 CITYVIEW PLBG & HTG SHELDON 500.00 35603349 DELMAR FURNACE EXCHANGE MINKIN 1,30C.00 34791600 COUNTRYSIDE HTG A/C CRPTTEAI 2,000.00 39309659 POKORNY PLBG & HTG CO 3,000.00 37700603 APOLLO HEATING & VENTILATI 113,735.00 34722971 LEGEND PLUMBING & HEATING BRGBR 3,100.00 35458881 HOVDE PLUMBING & HEATING SLOCUM 0,770.00 38619000 SEDGWICK HTG & AC CO MALTGEN 7,100.00 39296767 VOGT FRED k CO 6,000.00 34791600 COUNTRYSIDE HTG A/C CHRISTIANSON 4,500.00 34748366 ABBL/B k C INC DOLLIFF 7,305.00 34606022 CONTROLLED AIR 2,300.00 38819000 SEDGWICK HTG k AC CO MERCHANT 8,550.00 34282826 PRACTICAL SYSTEMS SHAW 4,000.00 34791600 COUNTRYSIDE HTG A/C DEHAVEN 6,500.00 34791600 COUNTRYSIDE HTG A/C MEAKINS 4,500.00 35370491 SUPERIOR CONTR INC BELANGER 2,400.00 30019000 SEDGWICK HTG k AC CO BRUBR 2,645.00 39296767 VOGT FRED k CO NELSON 8,000.00 37542199 RIVER CITY SHEET METAL BUCHOLZ 3,700.00 39296767 VOGT FRED k CO SLOCUM 6,500.00 34240333 ROYALTON HTG k COOLING HAUSER 1,500.00 34240333 ROYAL'^'ON HTG k COOLING EBERT 1,400.00 37575040 DEPENDABLE HTG k AC THACKER 1,300.00 35378491 SUPERIOR CONTR INC ENGQUIST 1,600.00 37241899 RESIDENTIAL HTG k AIR INC CUSIRK 3,442.00 36824390 CfcM PLUMBING HBATING/AC CARLSON 6,250.00 36332561 FIRESIDE CORNER 2,200.00 24738793 CITYVIEW PLBG k HTG 9,000.00 24422618 SULLIVAN BOB PLBG KLUTH 600.00 29723401 GENERAL PLUMBING k HEATING ARNE 200.00 00000000 PATTEN 1,500.00 25593522 ROTO-ROOTER SERVICE CO NOLAN 225.00 28274033 NORBLOM PLUMBING CO ERICKSON 1,000.00 24735349 DAY HAROLD B k SON EIDEN 500.CO 24638220 STATE MECHANICAL INC JAGODZINSKI .00 25334357 PLYMOUTH PLUMBING 27,200.00 00000000 BERSCHEID 1,800.00 THU, SEP 3, 1998, 5:03 PMPERMITS ISSUED FOR THE MONTH OF AUGUST 1998 PAGE 3 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION 20C SI 2C SW 2C UD 15C 133C 19 19 24 24’ 24 24 24 24 29 29 20C 13 19 2C 01 01 2C 01 01 01 01 01 01 01 01 01 01 01 13 23 23 23 15C 2500 2605 2675 4040 120 2914 2229 2300 3498 2650 3400 1449 640 1505 4300 4300 4285 2900 1450 2520 125 425 1900 1930 2975 1449 4220 630 200 SHADYWOOD RD WAYZATA BLVD FOX ST NORTH SHORE DR ORONO ORCHARD RD CASCO POINT RD SHADYWOOD RD OLrIVE AVE :-ORTH SHORE DR SILVER VIEW DR SHORELINE DR SHORELINE DR ORCHARD PK RD LONG LAKE BLVD 6TH AVE N WATERTOWN RD 6TH AVE N WEAR CIR CHERRY PL THOROUGHBRED TRUFFULA TR TURNHAM RD SHORELINE DR SHORELINE DR SOMERSET LA SHORELINE DR 6TH AVE N DEBORAH DR WAYZATA BLVD 98/08/07 98/08/10 98/08/10 98/08/11 98/08/25 98/08/25 98/08/27 98/08/31 98/08/07 98/08/19 OR-010584 OR-010589 OR-010592 OR-010598 OR-010658 OR-010659 OR-010607 OR-010700 OR-010582 OR-010644 98/08/25 OR-010657 98/08/28 OR-010691 98/08/27 OR-010682 98/08/28 OR-010692 98/08/19 98/08/19 98/08/19 98/08/11 98/08/11 98/08/14 98/08/17 98/08/19 98/08/24 98/08/25 98/08/31 98/08/28 98/08/19 98/08/19 98/08/28 OR-010550 OR-010565 OR-010566 OR-010597 OR-010599 OR-010621 OR-010626 OR-010642 OR-010654 OR-010666 OR-010701 OR-010690 OR-010333 OR-010334 OR-010693 33331515 L B P MECHANICAL 11,200.00 24738793 CITYVIEW PLBG k HTG 3,800.00 25458881 HOVDE PLBG k HTG INC SLOCUM 1,385.00 24490147 CUSTOM PLUMBING, INC.DBGGENDORF 602.00 25518990 LE VAHN BROS INC MERCHANT 550.00 28274033 NORBLOM PLUMBING CO GLASSMAN 400.00 00000000 PIEPER 450.00 24573344 SKARDA PLBG k HTG 600.00 28663057 SOUTHTOWN PLBG CARLSON 5,200.00 00000000 CROTTEAU 2,500.00 00000000 7,800.00 00000000 .00 54786926 GLEASON BUD KMETZ .00 00000000 WEYHE .00 18736373 BUSSE CONSTRUCTION GEHRMAN .00 18736373 BUSSE CONSTRUCTION JOHNSON .00 18736373 BUSSE CONSTRUCTION LARSON .00 86840222 HOME SERSVICE IRRIGATION .00 14724118 CONCEPT LANDSCAPING, INC.OORLOG .00 84792585 GENERAL SERVICE .00 00000000 ARNE .00 18736373 BUSSE CONSTRUCTION OTTEN .00 00000000 NELSON .00 00000000 STIERNA .00 84792585 GENERAL SERVICE LAHTI .00 00000000 .00 18736373 BUSSE CONt>TRUCTION HANNING .00 18736373 BUSSE CONSTRUCTION KARLEN .00 00000000 .00 3,656,030.65* 4\PAGE 3VLUATION11,200.003.800.001.305.00 602.00550.00 400.00 450.00 600.00 5.200.00 2.500.00 7,800.00 .00 3,656,030.6S* THU, SEP 3, 1998, 5:02 PMNUMERICAL LISTING AUGUST 1998PERMIT NBR ISSUED CANCEL ADDR NBR STREET PAGE 1OR-009943OR-010309OR-010333OR-010334OR-010430 OR-010530 CR-010549 OR-010550 OR-010565 OR-010566 OR-010567 OR-010568 OR-010569 OR-010571 OR-010572 OR-010573 OR-010574 OR-010575 OR-010576 OR-010577 OR-010570 OR-010579 OR-010580 OR-010581 OR-010582 OR-010583 OR-010584 OR-010585 OR-010586 OR-010587 OR-010588 OR-010589 OR-010590 OR-010591 OR-010592 OR-010593 OR-010594 OR-010595 OR-010596 OR-010597 OR-010598 OR-010599 OR-010600 OR-010601 OR-010602 OR-010603 OR-010604 OR-010605 OR-010606 OR-010607 OR-010608 OR-010609 OR-010610 OR-010611 98/08/04 N 98/08/31 N 90/00/19 N 90/00/19 N 93/08/03 N 98/08/31 N 98/00/19 N 98/08/19 N 90/08/19 N 90/00/19 N 98/08/04 N 98/08/03 N 98/08/05 N 98/08/04 N 98/08/04 N 98/00/04 N 98/08/04 N 98/08/05 N 98/08/05 N 90/08/05 N 90/08/05 N 98/08/13 N 98/08/21 N 98/00/07 N 90/08/07 N 90/08/07 N 98/08/07 N 98/08/07 N 98/08/07 N 98/08/07 N 98/08/10 N 98/08/10 N 98/00/10 r 90/08/10 N 98/08/10 N 98/00/10 N 90/08/10 N 90/08/10 N 98/08/11 N 98/08/11 N 98/00/11 N 98/08/11 N 90/00/11 N 90/08/12 N 90/00/12 N 98/08/10 N 98/00/12 N 90/08/12 N 98/08/12 N 98/08/12 N 90/C0/12 N 98/08/12 N 90/00/12 N 90/08/12 N 1390 REST PT RD4775 BAYSIDE RD4220 6TH AVE N630 DEBORAH DR2435 COUKTRYSIDE DR 710 GANDER RD 2010 COLIN DR 4300 6TH AVE N 4300 WATERTOWN RD 4205 6TH AVE N 781 PERNDALE RD N 3580 WATERTOWN RD 3350 FOX ST 35 CRYSTAL CREEK RD 2871 CASCO POINT RD 865 PERNDALE RD W 3915 S SHORELINE DR 135 ORONO ORCHARD RD N 3225 BAYSIDE RD 765 PERNDALE RD N 140 GOLDEN VIEW DR 1770 WEST FARM RD 3105 6TH AVE N 3500 WATERTOWN RD 3498 NORTH SHORE DR 2801 FOX ST 2500 SHADYWOOD RD 2P01 FOX ST 1540 BOHNS PT RD 125 TRUFFULA TR 1540 NORTH ARM DR 2605 WAYZATA BLVD 3265 CRYSTAL BAY RD 2675 FOX ST 2675 FOX ST 2605 LYDIARD CIR 4440 BAYSIDE RD 801 TONKAWA RD 1960 SHORELINE DR 2900 WEAR CIR 4040 NORTH SHORE DR 1450 CHERRY PL 1375 PARK DR 2435 COUNTRYSIDE DR 3415 EASTLAKE ST 3515 6TH ;.VE N 2229 SHADYWOOD RD 941 NORTH ARM DR 2600 PHEASANT RD 2300 OLIVE AVE 3850 BAYSIDE RD 120 ORONO ORCHARD RD 405 OXFORD RD 1145 WILLOW DR S WORK ID NUMBER COMPANY1972271600000000187363731873637316311100 00000000 19722716 18736373 18736373 10736373 14774325 24730793 00000000 34791483 14702001 18252800 00000000 24738793 24738793 35350194 35712525 147509^0 00000000 36332561 20663057 34422417 333P1315 2442261B 3470X112 29723401 14721321 24730793 34722971 35458081 25450381 368190U0 35603349 39296767 00000000 86840222 24490147 14724110 14724118 00000000 00000000 14987844 00000000 34791600 34740366 34606022 30819000 38019000 34282826 34450505 HIRSCH AL CONSTBUSSE CONSTRUCTION BUSSE CONSTRUCTION PATIO ENCLOSURES INC HIRSCH AL CONST BUSSE CONSTRUCTION BUSSE CONSTRUCTION BUSSE CONSTRUCTION EROTAS BUILDING CORORATION CITYVIEW PLBG & HTG A-1 HEATING & AIR CONDITIO CHRISTIANS INC UNGERMAN RA CONSTR INC CITYVIEW PLBG & HTG CITYVIEW PLBG & HTG DEAN'S TANK OIL AUTOMATIC GARAGE DOOR CO BRUCE BREN HOMES FIRESIDE CORNER SOUTHTOWN PLBG LINDEMEIER SERVICES L B P KECHANICAT, SULLIVAN BOB PliBG LARSON MASONRY GENERAL PLUMBING & HEATING HINCK MIKE CITYVIEW PLBG & HTG LEGEND PLUMBING & HEATING HOVDB PLUMBING & HEATING HOVDE PLBG k HTG INC SEDGWICK HTG & AC CO DELMAR FURNACE EXCHANGE VOGT FRED k CO HOME SERSVICE IRRIGATION CUSTOM PLUMBING, INC. CONCEPT LANDSCAPING, INC. CONCEPT LANDSCAPING, INC. EBERT CONSTRUCTION COUNTRYSIDE HTG A/C ABEL/B k C INC CONTROLLED AIR SEDGWICK HTG k AC CO SEDGWICK HTG k AC CO PRACTICAL SYSTEMS RON'S MECH INC OWNER LAST NMWALSHMELINEHANNINGKARLENSWENSON DANIELS MACMILLAN GEHRMAN JOHNSON LARSON TAPANI FULLERTON KOEHLER WOLLFE LINDBERG KRUGER RYDELL SHELDON SHANEDLING BRACKEN YOITNG CARLSON KLUTH KLUTH ARNE LINDGREN ERGER SLOCUM SLOCUM MALTGEN MINKIN CREAR DEGGENDORF OORLOG MURPHY SWENSON JARNIG BERRY PIEPER CHRISTIANSON DOLLIFP MADSON MERCHANT SHAW PERL VALUATION 1. 6, 000.00355.44.00.00632.00 272.00 500.00 .00 .00 .00 000.00 000.00 261.20 000.00 000.00 000.00 400.00 500.00 500.00 475.00 000.00 000.00 560.00 200.00 200.00 250.00 200.00 600.00 400.00 200.00 400.00 800.00 100.00 770.00 385.00 100.00 300.00 000.00 .00 .00 602.00 .00 500.00 000 00 000.00 000.00 000.00 500.00 385.00 300.00 282.00 550.00 000.00 500.00 THU, SBP NUMERICAL PERMIT NBR 3, 1 LI SI ZS£OR-010612 98/OR-010613 98/OR-010614 98/OR-010615 ‘ 98/OR-010616 98/OR-010617 98/OR-010618 98/OR-010619 98/ OR-010620 98/ OR-010621 98/ OR-010622 98/ OR-010624 98/ OR-010625 98/ OR-010626 98/ OR-010627 98/ OR-010628 98/ OR-010630 98/ OR-010632 98/ OR-010633 98/ OR-010635 98/ OR-010636 98/ OR-010637 98/ OR-010638 98/ OR-010639 98/ OR-010640 98/ OR-010641 98/ OR-010642 98/ OR-010643 98/ OR-010644 98/ OR-010646 98/ OR-010647 98/ OR-010649 98/ OR-010650 98/ OR-010651 98/ OR-010652 98/ OR-010653 98/ OR-010654 98/ OR-010656 98/ OR-010657 98/ OR-010658 98/ OR-010659 98/ OR-010660 98/ OR-010661 98/ OR-010662 98/ OR-010663 98/ OR-010664 98/ OR-010665 98/ OR-010666 98/ OR-010667 98/ OR-010668 98/ OR-010669 98/ OR-010670 98/ OR-010671 98/ OR-010672 98/ 60,000.00141,355.44.00.0027.632.006.272.0058.500.00 .00 .00 .00 1,597,000.00 9,000.00 26,261.20 10,000.00 16,000.00 25,000.00 400.00 1.500.00 500.00 1.475.00 5.000. 00 550,000.00 2.560.00 2.200.00 5.200.00 3.250.00 11.200.00 600.00 6.400.00 200.00 1.400.00 3.600.00 3.100.00 8.770.00 1.365.00 7.100.00 1.300.00 6.000. 00 .00 .00 602.00 00 00 00 00 4,500 6,000 1,000 70,000.00 6,000.00 4.500.00 7.385.00 2.300.00 19,262.00 6.550.00 4,000.00 1.500.00 f fr THU, SEP 3, 1996, 5:02 PMNUMERICAL LISTING AUGUST 1998PERMIT NBR ISSUED CANCEL ADDR NBR STREETOR-010612OR-010613OR-010614OR-010615OR-010616OR-010617OR-010618OR-010619OR-01062QOR-010621 OR-010622 OR-010624 OR-010625 OR-010626 OR-010627 OR-010628 OR-010630 OR-010632 OR-010633 OR-010635 OR-010636 OR-010637 OR-010638 OR-010639 OR-010640 OR-010641 OR-010642 OR-010643 OR-010644 OR-010646 OR-010647 OR-010649 OR-010650 OR-010651 OR-010652 OR-010653 OR-010654 OR-010656 OR-010657 OR-010658 OR-010659 OR-010660 OR-010661 OR-010662 OR-010663 OR-010664 OR-010665 OR-010666 OR-010667 OR-010668 OR-010669 OR-010670 OR-010671 OR-010672 98/06/12 N 96/08/12 N 96/06/12 N ‘96/08/13 N 98/08/13 N 98/06/13 N 98/08/13 N 96/06/13 N 98/06/13 N 96/08/14 N 96/08/18 N 98/08/18 N 98/08/14 N 98/08/17 N 98/08/17 N 98/08/17 N 98/08/18 N 98/08/18 N 98/08/20 N 98/08/19 N 98/08/17 N 98/08/18 N 98/08/18 N 98/08/18 N 98/08/18 N 98/08/18 N 98/08/19 N 98/08/18 N 98/08/19 N 98/08/19 N 98/08/19 N 98/08/20 N 98/08/20 N 98/08/20 N 98/08/20 N 98/08/21 N 98/08/24 N 98/08/27 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 96/06/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/08/25 N 98/00/2^ N 98/00/25 N 194034159202450475513651365315534052520 3465 150 2500 125 3420 1225 2760 1525 2750 3525 3405 1384 1540 2917 233 111 425 1220 2650 2650 585 2650 2520 4775 35 1045 1900 1060 340C 120 2914 3090 2850 275 500 2275 3135 1930 2675 1480 1680 1540 4174 2610 COUNTRY CLUB RD CRYSTAL BAY RD FOREST ARMS LA WOODHAVEN DR NORTH SHORE DR REST PT RD REST PT RD CASCO CIR HIGH LATHOROUGHBRED LA CRYSTAL PL NORTH SHORE DR W '^HADYWOOD RD TRU7FULA TR NORTi: SHORE DR LOMA LINDA AVE PHEASANT RD 6TH AVE N KELLEY PKWY IVY PL LIVINGSTON AVE BALDUR PARK RD FOX ST CASCO POINT RD NORTHGATE RD LUCE LINE RIDGE TURNHAM RD TONKAWA RD SILVER VIEW DR SILVER VIEW DR FERNDALE RD N SILVER VIEW DR THOROUGHBRED LA NORTH SHORE DR CRYSTAL CREEK RD LINDEN LA SHORELINE DR BROWN RD N SHORELINE DR ORONO ORCHARD RD 5 CASCO POINT RD FARVIEW LA SOMERSET LA HOLLANDER RD TONKAWA RD LONGVIEW CIR NORTH SHORE DR SHORELINE DR FOX ST 6TH AVE N NORTH FARM RD BOHNS PT RD HIGHWOOD RD WEST LAFAYETTE RD WORK ID NUMBER COMPANY34458585 34791600 34791600 36332561 14228921 00000000 00000000 15590102 15410304 04792585 16450331 17510488 39389659 00000000 00000000 00000000 15354515 00000000 14987844 00000000 00000000 00000000 25593522 00000000 17226717 28274033 10736373 00000000 00000000 00000000 17215546 34791600 24735349 00000000 35531445 00000000 . 00000000 00000000 00000000 25518990 28274033 35370491 30940005 30819000 39296767 37542199 17749422 00000000 39296767 34248333 34240333 39414211 37575040 35378491 RON'S MECH INC COUNTRYSIDE HTG A/C COUNTRYSIDE HTG A/C FIRESIDE CORNER MEYERS CONSTRUCTION COFINNAMORB BLDG CORP WESTERN CEDAR SUPPLY GENERAL SERVICE SUSSEL CORPORATION MATTSON CONTRACTING POKORNY PLBG k HTG CO SUNSTATE CONCEPTS EBERT CONSTRUCTION ROTO-ROOTER SERVICE CO H fit L REMODELING NORBLOM PLUMBING CO BUSSE CONSTRUCTION SAMPSON-LINDGREN INC COUNTRYSIDE HTG A/C DAY HAROLD E k SON GUYERS BUILDERS EXPRESS LB VAHN BROS INC NORBLOM PLUMBING CO SUPERIOR CONTR INC BURNSVILLE HEATING CO SEDGWICK HTG k AC CO VOGT FRED k CO RIVER CITY SHEET METAL LEGVOLD CONSTRUCTION CO VOGT FRED k CO ROYALTON HTG k ROYALTON HTG k KLEVE HTG k AC DEPENDABLE HTG k AC COOLING COOLING SUPERIOR CONTR INC PAGE 2OWNER LAST NM VALUATIONSMITHDEHAVENMEAKINSEVERSONBERSCHEIDBERSCHEIDROBERTACCIOREILLY KROEGER DZUBAY ARNE KIVUS UDELL MAHONEY MORRISON CUMMINNS PATTEN VERSTEEG NOLAN KAIL ki-:lly ERICKSON OTTEN GUTTORMSON CROTTEAU CROTTEAU DANIELSON CRPTTEAI EIDEN BOLL RICHARD JOHNSON NELSON LUCAS MERCHANT GLASSMAN BELANGER BRUER NELSON BUCHOLZ RUSSELL STIERNA SLOCUM HAUSER EBERT THACKER ENGQUIST 500.00500.00500.00100.00 685.00 000 800 000 460 .00 .00 .00 .00 .00 900.00 000.00 000.00 .00 200.00 000.00 200.00 000.00 .00 000.00 500.00 200.00 225.00 500.00 360.00 000.00 .00 000.00 500.00 500.00 500.00 000.00 500.00 000.00 000.00 000.00 .00 000.00 800.00 550.00 400.00 4C0.00 000.00 645.00 000.00 700.00 000 500 500 400 000 300 600 THU, SEP NUMERICALPERMIT NBFOR-010673 OR-010674 OR-010675 OR-010676 OR-010677 OR-010670 OR-010679 OR-010680 OR-010681 OR-010682 OR-010683 OR-010684 OR-010607 OR-010689 OR-010690 OR-010691 OR-010692 OR-010693 OR-010695 OR-010696 OR-010697 OR-010699 OR-010700 OR-010701 OR-010702 133C 3, 1998, 5:02 PMLISTING august 1998 I ISSUED CANCEL ADDR NBR STREET PAGE 398/08/25 N 96598/08/25 N 72598/08/26 N 349898/08/26 N 90598/08/27 N 14098/08/27 N 164598/08/27 N 358098/08/27 N 230098/08/27 N 161098/08/27 N 640 98/08/28 N 1645 98/08/28 N 1179 98/08/27 N 2229 98/08/28 N 1420 98/08/28 Y 1449 98/08/28 N 1449 98/08/28 N 1505 98/08/28 N 200 98/08/31 N 2103 98/08/31 N 2300 98/08/31 N 300 98/08/31 N 1540 98/08/31 N 2300 98/08/31 N 2975 98/08/31 N 4104 EDGEWOOD HILLS RD 6TH AVE N NORTH SHORE DR OLD CRYSTAL BAY RD GOLDEN VIEW DR BOHNS PT RD WATERTOWN RD OLIVE AVE SHADYWOOD RD ORCHARD PK RD BOHNS PT RD NORTH ARM DR SHADYWOOD RD BALDUR PARK RD SHORELINE DR SHORELINE DR LONG LAKE BLVD WAYZATA BLVD SUGARWOOD DR OLIVE AVE 6TH AVE N BOHNS PT RD OLIVE AVE SOMERSET LA HIGHWOOD RD WORK ID NUMBER COMPANY OWNER LAST NM VALUATION2437241899RESIDENTIAL HTG k AIR INC CUSIRK1937700603APOLLO HEATING & VENTILATI 113,735.002436824390CfcM PLUMBING HEATING/AC CARLSON 6,250.001700000000ANDERSEN. 000127844792HOKANSON PLUMBING INC 12,453.000138940005BURNSVILLE HEATING CO 1,000.000137217363PMR MECHANICAL INC 14,300.000124638220STATE MECHANICAL INC JAGODZINSKI . 001114987401MAVERICK CONSTR INC ROGERS 9,596.010154786926GLEASON BUD KMBTZ .00 29 19449499 LECY CONST INC HALLORAN 24,000.00 21 00000000 CHRISTIANSON 1,100.00 21 00000000 PIEPER 450.00 11 00000000 ANDERSON 500.00 13 00000000 . 00 19 00000000 . 00 01 00000000 WEYHE . 00 23 00000000 . 00 29 14732588 LAKEWOOD DEVELOPMENT HOGAN 67,000.00 16 16522123 SLATER EXCAVATING JAGODZINSKI . 00 29 13380665 MONSON INTERIOR DESIGN INC DAYTON 80,000.00 01 25334357 PLYMOUTH PLUMBING 27,200.00 24 24573344 SKARDA PLBG & HTG 600.00 01 84792585 GENERAL SERVICE LAHTI .00 17 00000000 SAUER .00 PAGE 3TION3.442.0013.735.006.250.00 .0012.453.00 1,000.0014.300.00 .009.596.01 .0024.000. 00 1,100.00 450.00 500.00 .00 .00 .00 .00 67.000. 00 .00 80.000. 00 27.200.00 600.00 .00 .00 * • 9999 WORK TYPE CODE Residence AdditionGarage/Attached Garage/Detached . Porch Deck Fence Gazebo Pool Re-side Re-roof Tennis Court Sign Dock Shed Demo-Principal Structure Demo-Accessory Structure Move Commercial Institutional Storm Damage Repair 1-100 Cubic Yards 101 Cubic Yards or More Undefined Replacing ExistingLifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal . * *s . local dsb codes Undefined REPORT NBR. BPRJ DATE OP RUN 09,PERMIT TY?EUser Defined SUBDIVISION VARIANCE CUP VARIANCE/CUP Sub-total Grand-total REPORT NBR. BPS) DATE OP RUN 09. BASE PEE PLAN REVIEW SURCHARGE Lie. SEARCH PEE SAC INVESTIGATION DEPOSIT ESCROW PERMIT TOTAL REPORT NBR. BPRMTISS-1 DATE OF RUN 09/03/98PERMIT TY?EUser Defined SUBDIVISION VARIANCE CUPVARIANCE/CUP Sub-total Grand-total QTY ***** PERMIT ISSUED REPORT CITY OF ORONO AUGUST 1998* * * * *-- CURRENT RANGE - 08/01/98 - 08/31/98BASE FEB VALUATION PLAN REVIEW OTY REQUESTER-- PREVIOUS RANGE - 08/01/97 - 08/31/97BASE FEE00.00 0.00 0.00 4 7,125.0000.00 0.00 0.00 11 2,570.0000.00 0.00 0.00 1 175.0000.00 0.00 0.00 1 220.000*0.00*0.00*0.00*17*10,090.00* 0**0.00**0.00**0.00**17**10,090.00-** VALUATION0.000.000.000.000.00* 0.00** PLA1< REPORT NBR. BFEBRPT2-1 DATE OF RUN 09/03/98 ***** PERMIT FEE REPORT ***** CITY OF CRONO FROM 08/01/98 TO 08/31/98 USER REPORT TOTAL BASE FEE 0.00 0.00 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 0.00 0.00 P/ REQUESTER • » # C I I V O I LONG LAKE PAGE: 1 REQUESTER: CAROLE .UATION PLAN RBVIBN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00^0.00* O.OO**0.00** PAGE: 1 REQUESTER: CAROLE September 18, 1998 Mr. Tom O’Okeefe MnDOT Pre-Design Engineer Waters Edge Building 1500 W. County Road B2 Roseville. MN 55113 Dear Tom: The Long Lake Park Commission has again examined the effect that changes brought about by the construction of a new highway would have on the recreational value of Holbrook Park in the City of Long Lake. We direct your attention to the Holbrook Park report given to you dated April, 1998. We believe the report is self-explanatory and refer you to the Memorandum of Understanding between the City of Long Lake and the Minnesota Department of Transportation, particularly that section that deals with the replacement of any park land taken as a result of the highway at the ratio of 1.5 to 1.0. It is our full expectation that this will be accomplished by MnDOT. It Is also our anticipation and expectation that all current equipment and facilities located in Holbrook Park as of today will be replaced on a “like ” basis in a newly developed park without interruption of the use of facilities. The Long Lake Park Commission feels, based on discussion with representatives of MnDOT. City Council and staff, that the realignment of Holbrook Park cannot occur in the remaining land after the acquisition of property for the new railroad right-of-way has been completed. Given this, the Long Lake Park Commission respectfully requests that MnDOT work with the City of Long Lake and Orono to bring about the replacement of Holbrook Park and all of its facilities and equipment at a location outside of the city limits of Long Lake Specifically this is property located immediately to the west of Holbrook Park and in the City of Orono It is our understanding from comments received from several Orono officials at a recent joint meeting held between the cities of Long Lake and Orono that they agree that Holbrook Park must continue to offer the same opportunities it now offers and to continue to serve the area it has in the past. They are open to the suggestion and possibility of the detachment and annexation of properties in their community for the re-alignment of Holbrook Park. The Long Lake Park Commission will continue this process by examining the current relationship the city has with any and all park users and examine the likelihood of the continuation of those relationships into the future We believe that these relationships I‘H»4 l\iik Avcfuic • l .4HiL*L.ikc Mmncsof.i SS • (i| 2 47 I GI 2 47(> (l.i\i Tom O’Keefe September 18, 1998 Page 2 are going to drive the demand and use of any and alt park equipment and facilities for the future. By examining these relationships the Long Lake Park Commission will be able to better respond to your request for information about what particular items need to continue to exist in a new park, which ones can be combined and which, if any, could be eliminated. The Long Lake Park Commission will also be making a recommendation to the City Council lO proceed with an appraisal of the park as it exists today. The purpose and intent of this appraisal would be to get a fair market value for the park. This is information that will be needed by the Pi>rk Commission to determine full replacement value of any new equipment, facilities or i elds and to allow for better planning if the city determines that they want to expand any c urrent uses in the new park. We look forward to the continued discussion with y:ju regarding the replacement of Holbrook Park and hope that you find this information useful. Sincerely, Bob Hardin, Chair Long Lake Park Commission cc; Hwy 12 File C. Dietzen M. Wurzer City Council Hwy 12 Design Group Ron Moorse, City of Orono CITY OF LONG LAKE ■OuNCIL MEETiNQ SEP 2 8 1998 TN' ORON‘0 September 18, 1998 Tom McElveen Deputy Director for Housing, Development & Implementation Met Council Mears Park Center 230 East S'” Street St. Paul. MN 55105 Dear Mr. McElveen; On September 15, 1998 I had a telephone conversation with Mr. Guy Peterson regarding the Livable Communities Act and the participation of the City of Long Lake in that program. As you may be aware, the City of Long Lake is facing a monumental change in the rerouting of Highway 12 through our community. The City of Long Lake will lose housing and rental units available in the city for those people desiring to move into an excellent school district at an affordable price. Representatives from the Minnesota Department of Transportation estimate that there will be approximately 30 single family homes taken as a result of this change. In addition, they estimate that approximately 60 rental units will also be taken as a result of the creation of a new road During the course of discussions with representatives from MnDOT. they indicate that the Met Council does not consider these to be significant losses to the City of Long Lake nor have an impact on their ability to participate in the Livable Communities Act. During the course of my conversation with Mr. Peterson, he indicated that the numbers indicate that the City of Long Lake has approximately 55% of the single family units available in the city that are considered to be affordable. The loss of the single family units would represent only a 2% change and therefore not an extreme impact on the city. During the course of that conversation Mr. Peterson and I agreed that the affordable price point needs to be adjusted due to the fact that market influences are going to change that point. Mr. Peterson did indicate U:at the loss of 60 rental units would have a significant impact on the City of Long Lake and its ability to participate in the program. I would like to respectfully request that the Metropolitan Council do a formal review of this information and the impact these losses will have on the City of Long Lake and its ability to participate and meet the Livable Communities Act goals. MnDOT will be seeking an answer from the City of Long Lake on c^ing ahead with a Preliminary P.ifk AvtMUK* • l.ong L.ikc. \1mncNOia • M2 47Vf»Ofi| <>| 2 47(i t l.u» B Tom McElveen September 18, 1998 Page 2 Design Plan sometime in October or November. The City of Long Lake would like to have some assurance from the Met Council before discussing the replacement housing and rental units within the City of Long Lake political boundaries as a part of the negotiations with MnDOT. If you have any questions, please feel free to give me a call. Thank you for your time and speedy deliver of this information to the City of Long Lake. //y cc: City Council C. Dietzen J. Chaput R. Moorse, City of Orono i to AGENDA COUNCIL MSETINQ SEP'2 8 1^98 WESTONKA COMMUNITY CENTER BOARD (WCCB) r itv onKio FIFTH REGULAR MEETING SEPTEMBER 24,1998 7:00 P.M. - MOUND CITY HALL 1. Call the meeting to order at 7:00 p.m. 2. Approve the minutes of the August 5,1998 Regular Meeting. 3. Reconsideration of Request from Tom Reese Re: Payment for Services. 4. Area City Representation. 5. Ins urance issues related to the WCCB being a joint powers entity. 6. Issuance of General Obligation Bonds - Kevin Januszewski, Business Manager, Westonka Schools 7. Building Committee ’s Authority to Authorize Change Orders. 8. How services will be provided for the Westonka Community Center upon its completion? a. Custodial services i.e., contract with a firm or contract with same employees as School? b. Accounts receivable and payable i.e., utilities. City staff? c. Scheduling facility use i.e., gym, auditorium, locker rooms, senior center? Meeting rooms? School staff? 9. Types of uses of gym, auditorium, locker rooms a. Designate types of uses which are school-sponsored. b. Designate types of uses which are city-sponsored c. Designate types of uses which are "community" 10. Sources of Income from building use a. Tenants/Tenant Use of the Renovated Westonka Community Center b. Designate types of activities for which there will be fees c. Determine whether there will be variable fees i.e., reduced fee for public concert in d. e. auditorium for Mound residents Set fees Liquor Policy for Senior Center if rented out for special events i.e., weddings, receptions, etc. 11. Other Business 12. Next Meeting - Date & Location (Pursuant to By-Laws) 13. Adjournment Mm d e. auditorium for Mound residents Set fees Liquor Policy for Senior Center if rented out for special events i.e., weddings, receptions, etc. 11. Other Business 12. Next Meeting - Date & Location (Pursuant to By-Laws) 13. Adjournment I. . -k . MINUTES-WCCB-FOURTH REGULAR MEETING-AUGUST 5,1998 The meeting was called to order at 7:00 p.m. at Mound City Hall. Members Present: Chair Pinegar, Vice Chair Polston, Charon, Hanus and Alternate Weycker. Absent and e.xcused Alternate Bittle. Also Present: Dr. Pam Myers, Mike Looby, Tom Reese and Ed Shukle. Upon motion by Pinegar, seconded by Charon, the minutes of the June 30, 1998 meeting were approved. Overview of Contract Negotiations City Manager Ed Shukle introduced this topic. He indicated that negotiations had taken place with the top selections for construction manager and architect. He further indicated that negotiations had been successfully completed with the construction manager but that the architect had withdrawn from the project. Shukle introduced Mike Looby to explain, in more detail, the negotiations process and the events leading up to and following the withdrawal of ATS&R as the project architect. Looby reviewed an outline of the events and summarized that ATS&R was not interested in the "strong owner"format for conducting the construction project and was not interested in working with E&V Construction Managers on the project. Because ATS& R withdrew, the staff proceeded in negotiating with TSP One, the second choice and developed a contract with them using the strong owner form. Staff was assisted in the negotiations process by Tom Reese, a local resident, who has the expertise in working with architects and construction managers and was confident that the school district could save money by using the strong owner form. Discussion then was held on the recommendation from staff to recommend to the School Board the selection of TSP One and E&V Construction Managers for the project. It was moved by Polston, to re-enter negotiations wdth ATS&R and E&V. Hanus seconded the motion for discussion purposes. Hanus asked for clarification. Polston stated that he wanted to re-enter negotiations with ATS&R with the WCCB doing the negotiations. Pinegar stated that he had a problem with this approach since the staff followed the process that was in place under the Request for Proposal (RFP). Pinegar indicated that ATS&R withdrew from the negotiations, they were not forced to withdraw. Polston indicated that he believes that the staff changed the process by going to the "strong owner" form. Both Shukle and Looby understood why ATS&R withdrew-they were uncomfortable with the strong owner form but more importantly, were uncomfortable with the construction management firm, E&V Construction. Charon stated that ATS&R withdrew and "let’s move on." Hanus stated he was not convinced. He said he was hearing too much contradiction. r WCCB Minutes August 5,1998 Page 2 A vote was then taken on the motion. Polston and Hanus voted in favor of the motion. Pinegar and Charon voted against the motion; motion failed. It was then moved by Charon, seconded by Pinegar, to recommend E&V and TSP One ^ the project construction manager and architect respectively. Hanus, Pinegar and Charon voted in favor and Polston voted against; motion passed. The fee for Reese’s work was briefly discussed. Looby presented the proposal that Tom Reese had submitted regarding the consultant services Reese would provide. The fee totaled $5,500 which represented 5% of the savings ($90,000 or 5%= $4,500, +$1,000= $5,500 total consulting fw). It was moved by Charon, seconded by Pinegar to accept this proposal. Hanus offered a friendly amendment" by changing the amount to $2,875. The vote was then taken with Hanus, Charon and Pinegar voting in favor and Polston against. The motion carried. Hanus asked ^ut how Ae Owner’s Representative was selected. Pinegar indicated that it was Greg Robbins, Facilities Coordinator for Westonka Schools. It was suggested that Robbins attend future WCCB meetings. Report on Mectings/Reaction from Area Cities Pinegar reported on the information sent to the area cities about the WCCB. The intent is to keep the lines of communication open. Polston excused himself and indicated he had to leave the meeting at 9:45 p.m. It was suggested that minutes and agendas be sent to area cities on a routine basis. Insurance Issues Shukle indicated that he had been contacted by the City’s insurance agent regarding insurance for the WCCB entity. He presented some information and suggested that the agent appear at the next meeting. That was acceptable to the WCCB. The other items on the agenda were continued until the next meeting. The next meeting is scheduled for Thursday, September 24,1998,7:00 p.m.. Mound City Hall. Upon motion by Charon, seconded by Hanus and earned unanimously, the meeting was adjourned. tfiilly, submitted. Ihuiae City Manager July 16,1998 Mayor Gabriel Jabbour City of Orono 985 Tonkawa Rd. Long Lake, MN 55356 Re:Westonka Community Center Renovation - Membership in Westonka Community Center Board (WCCB) Dear Mayor Jabbour: We appreciate your interest in the Westonka Community Center project. Briefly, this is the project to renovate the old Mound High School building into a community center. It will be jointly operated by the Westonka School District and the cities inside the school district. A district wide bond referendum was held and passed last December to pay for the construction. We now want to provide you a clear concise current status of the project: A Joint Powers Agreement has been completed and adopted by the Mound City Council and the Westonka School Board. A copy of the agreement is enclosed. • The name of the Joint Powers Committee is ofiicially Westonka Community Center Board (WCCB). The WCCB has met and completed the bylaws (copy enclosed). The WCCB has interviewed and selected an architect and a construction manager. Enclosed is a floor plan for the proposed project. Of particular interest to the cities are the auditorium, gymnasium, the senior center and the WeCAN area. These provide valuable resources and services to the citizens of all our communities. The current target completion date for the project is Summer 2000. Letter to Mayor Jabbour July 16,1998 Page 2 The WCCB welcomes other cities to participate either as an associate member or full member. A full member has voting rights and contributes to operating expenses. An associate member advises the WCCB on desires or concerns from their city. All of the Westonka School District expenses are being covered by the school district. The other Community Center expenses are shared among the other members of the WCCB. This project is truly a community wide effort. Citizens of all ages from all communities will be able to use parts of this facility. We want you to feel welcome to participate and help us improve the quality of life for our citizens. If you have questions or comments, please feel free to contact me or any of the WCCB members at any time. Sincerel Bill Pinegar Chair, WCCB JOINT AND COOPERATIVE AGREEMENT WESTONKA COMMUNITY CENTER BOARD The parties to this agreement are the City of Mound (the "City") and Independent School District No. 277 (Westonka School District) (the "District") governmental units in Hennepin County, Minnesota. This agreement is made and entered into pursuant to Minnesota Statutes, Sections 471.59 and 471.15 to 471.191 (collectively, the "Act"). ARTICLE I General purpose; name • . •Section 1.1. The general purpose of this agreement is to create an organization to own and operate a community center complex in the City of Mound as part of a joint recreational program of the City and the District and any additional governmental units that agree to become Members of the organization as provided herein. Section 1.2. The name of the organization is “The Westonka Community Center Board.” Section 1.3. The Initial Members of the organization are the City of Mound and Independent School District No. 277. ARTICLE n. Definitions Section 2.1. For purposes of this agreement the terms defined in this Article have the meanings given them. Section 2.2. "Act" means Minnesota Statutes, Sections 471.59 and 471.15 to 471.191, as amended from time to time. Section 2.3. "Agreement" means this agreement Section 2.4. "Board" means the board of directors created by Article III. Section 2.5. "City" means the City of Mound, Minnesota, and any successor to its functions. Section 2.6. "Director" means a director appointed under Article III of this agreement. Section 2.7. "District" means Indepiendent School District No. 277 (Westonka School District), and any successor to its functions. BHBiaSTSS I HtnOO-64 ' Section 2.8. "Executive Committee" means one or more directors designated in a by-law adopted pursuant to Section 5.5 to perform duties enumerated in the by-law. Section 2.9. "Governing body" means either the city council of the City or the school board of the District, or both, as the context requires. Section 2.10. "Member" means a govenunental unit that is a party to this agreement: **Initial Member” means the City or the District, or both as the context requires. Section 2.11. "WCCB" means The Westonka Conununity Center Board created by this agreement. ARTICLE m. Board of directors Section 3.1. The WCCB is governed by its board of directors. The initial board consists of six members selected as follows: a. Two members of the city council of the City appointed by council resolution. b. Two members of the school board of the District appointed by resolution of the school board. c.The city manager of the City and the superintendent of the District are ex officio members of the board without voting rights. The Board may provide in its by-laws that the City and the District may appoint one or more members of their respective governing bodies to serve as alternate directors in the event a director is unable to attend a meeting or perform other duties of a director. Section 3.2. The term of a director, other than a director ex officio, begins on the dale of appointment and terminates on December 31 next following. Thereafter the term of a director is three years commencing on January 1, except that of the directors initially appointed on January 1, one director appointed by the District and one director appointed by the City serve for a term of one year, and one director appointed by the District and one director appointed by the City, serve for a term of two years. Appointed directors serve until their respective successors are appointed and qualify. A vacancy in the office of an appointed director is filled for the unexpired term in the same manner that an appointment is made. If a councilmember or school board member ceases to be a member of that director’s governing body the office held by that director is vacant. Section 3.3. A director has one vote. An alternate director may vote only in the absence of a director appointed by the same governing body and as provided in the by-laws. A tie vote results in failure of the proposition under consideration. BMBI397tS MU200-(4 ARTICLE IV t: ;il Meetings Section 4.1. The board must conduct an organizational meeting no later than 30 days after the effective date of this agreement. The organizational meeting is to be convened by the mayor of the City. At the organizational meeting, or as soon thereafter as is reasonably possible, the board must elect its officers and adopt such by-laws and other procedures govenJng the conduct of its meetings and its business as the board deems appropriate. Section 4.2. The board must provide in its by-laws for a schedule of regular meetings. A regular meeting must be held at least once each calendar quarter. Four voting rnembers of the board constitutes a quorum, but a smaller number may adjourn a meeting from time to time. Section 4.3. A special meeting of the board may be called by the president and must be called by the president upon written request of the number of directors specified in the by-laws. Notice of a special meeting must be given in accordance with the by-laws and with law. ^ *^e resolution appointing directors must specify a mailing address for directors for purposes of giving notice. Business at a special meeting is limited to matters contained in the notice of that special meeting. Section 4.4. The annual meeting of the board must be held in the month of January, following the first meeting in January of each of the governing bodies. Section 4.5. Meetings of the board are governed by the Minnesota Open Meeting Law, Mirmesota Statutes, Section 471.705. Unless otherwise provided in the by-laws, the secretary- treasurer or other voting member or ex officio member of the board appointed by the president must take written minutes of each meeting of the board. ARTICLE V Officers; Committees Section 5.1. The initial officers of the board are a president, a vice president and a secretary-treasurer elected by the directors at the organizational meeting for a term ending December 31 next following. Thereafter, those officers are to be elected by the directors at the annual meeting for a term of one year. The board may designate a director to act as an officer in the absence of that officer. An officer remains in office until a successor is c.ccted an qualifies. Section 5.2. The president presides at meetings of the board. The vice president performs the duties of the president in the absence of the president. Section 5.3. The president, the secretary-treasurer or any two officers must sign vouchers or orders disbursing funds of the agency. The board must provide in its by-laws for additional BMBI3978S MU200-84 procedures for the disbursement of fimds. Disbursements must be made in the manner prescribed by law for statutory cities. Section 5.4. The board may in its by-laws provide for and define the duties of such other officers as it deems necessary from time to time. Section 5.5. The board may in its by-laws provide for advisory committees as it determin^ necessary from time to time. A by-law providing for an Executive Committee and defining its powers and duties must be adopted by a unanimous vote of all members of the board. Section 5.6. Contracts bonds and other legal instruments of the WCCB must be executed and delivered on behalf of the WCCB by the president and the secretary-treasurer. ARTICLE VI Powers and Duties of the Board of Directors Section 6.1. The board may take such actions as it deems necessary and desirable to accomplish the general purpose of this agreement. Section 6.2. The board may a. enter into contracts with public or private agencies or persons to carry out its powers and duties; b. provide for the prosecution, defense or other participation in proceedings at law or in equity in which it may have an interest; c. employ such persons as it deems necessary on a part-time, full-time or consultant basis or (subject to the provisions of Section 6.5, if applicable) contract with public or private agencies or persons for necessary services; d. purchase, hold or dispose of personal property; c. contract with a Member for space, commodities or services; f. accept gifts on behalf of the WCCB, apply for and use grants or loans of money or other property from the state, the United States of America and from other governmental units and enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto; and g. apply for and pay premiums on policies of insurance and surety bonds for personnel in such amounts as it deems necessary, provided that the board must provide that the WCCB or each of its Members has public liability insurance coverage in amounts not less than the liability amounts specified in Minnesota Statutes, Section 466.04. Section 6.3. The board must, from time to time, but not less than once each year, submit a written report to each governing body summarizing in the detail necessary to adequately inform each governing body of the WCCB’s activities and financial status. The report must include the annual audit described in Section 7.2f. Section 6.4. A dispute between the parties regarding the interpretation of or violation of the terms of this Agreement must be submitted to mediation or non-binding arbitration. Section 6.5. The board may contract with any Member as defined in section 2.10 for administrative and support services, but any such employees so supplied are not to be deemed to be employees of the WCCB. The costs of such services may be considered to be an operating cost of the WCCB. Section 6.6. The board must enter into written leases with all users of the project other than the District and a Member. ARTICLE VII Financial Matters Section 7.1. The fiscal year of the WCCB is the calendar year. Section 7.2. a. The board must promptly adopt an initial budget for the balance of the fiscal year remaining after the organizational meeting and for fiscal year 1999. Each Member agrees to fund this initial budget in accordance with this Article. b. If the effective date of WCCB is prior to May 1, 1998, the board must adopt a proposed budget for fiscal year 1999 setting forth the respective shares of the Members as provided in Article VIII and submit the proposed budget to each governing body prior to June 15, 1998. c. If the effective date of the WCCB is on or after May 1, 1998, the Initial Members must adopt a budget for the fiscal year 1999, and each Member agrees to fund that budget in the shares determined pursuant to Article VIII. d. The Board must thereafter annually, prior to March 15, adopt a proposed budget for the ensuing fiscal year and submit it to e^’^h governing body. e. The annual budget, e.xcept for the initial budget, must be fmally adopted no later than at the annual meeting. f. The board must provide for an annual audit of the financial status of the WCCB performed by a certified public accountant. Mtn00-<4 Section 7.3. The budget and any amendment thereto must be adopted by a majority vote of all members of the board. Expenditures of the WCCB may be made only pursuant to the budget as adopted and amended from time to time. Section 7.4. After adoption of the budget, the board must forward copies of the proposed budget to each Member’s governing body. The governing body may return the proposed budget to the board with the governing body’s recommendation for change, but a final budget for the WCCB must be approved by each goven.mg body no later than August 1. Upon adoption of the budget by each governing body, each Member is obligated to the WCCB for the cost sharing charges fixed by the board for the ensuing fiscal year in accordance with this Article and Article VIII. Each Member must make payment of its share of operating costs on a monthly basis. ARTICLE VllI Allocation of costs Section 8.1. Operating costs. It is the intent of this agreement that the operational and maintenance costs of the project are to be allocated to each Member in direct proportion to the number of square feet (i) occupied and used by the Member itself, and (ii) occupied and used under lease by a person or entity sponsored by or conducting an activity sponsored by or allocated to the Member. The initial allocation of building area to each Member is set forth in Exhibit A hereto. The allocation and Exhibit A hereto must be revised annually as part of the WCCB budget process to reflect the anticipated occupancy and use of the project during the next succeeding year. The percentage determined under this Section must be used by the board of directors in the preparation of the annual budget under Article VII. Section 8.2. The cost of capital improvements, if any, to common areas and elements of the project undertaken after the initial renovation, equipping and improvement described in Section 9.2 are to be borne by the Members in the same proportion as operating costs as allocated in Exhibit A. A description of such capital costs, the source of ftmds for those costs, and the respective obligation of each party must be included in the annual budget for the fiscal year in which the improvements are to be made. After the initial renovation, equipping and improvement described in Section 9.2, the cost of capital improvements, if any, to space allocated to a Member under Section 8.1 is to be borne by the respective Member. Section 8.3. The board of directors may in its by-laws provide for additional procedures for the allocation of capital and operating costs not inconsistent with this Article. Section 8.4. This Article applies to the Initial Members and any governmental unit becoming a Member pursuant to Article X. The allocation of operating costs must be recalculated on the effective date of the addition of a new Member to WCCB, and any such recalculation is to be deemed an amendment to this agreement adopted by all Members on that date. BMB13978S MU300-64 J ARTICLE IX Section 9.1. It is the intent of the WCCB to operate a community center consisting of .le Westonka Community Center (Old Mound High School) as it exists on the effective date of this agreement and as renovated, equipped and improved as provided herein (hereafter referred to as the project). The fee title to the project is, on the effective date of this agreement, in the District. Upon the completion of the construction of the project in accordance with this Agreement and as certified by the District, the District agrees to convey the fee title to the project to the WCCB. Section 9.2. The initial renovation, equipping and improvement of the project will be undertaken by the District and financed through the issuance of bonds oi- other obligations by the District. During the construction period, the WCCB will develop procedures for the review and comment by the Members on the plans and specifications for tlic pioject, its general design and other matters related to the construction of the project as an efficient community center for the Members. The plans, specifications for the project, its general design and funds allocated for those purposes must be approved by the WCCB. Section 9.3. The parties to this agreement and the WCCB undertake and agree that they will, neither individually or collectively, take any actions that could result in the interest on the bonds of the District that have or will be issued by the District for the project becoming subject to federal or state income tax. . Section 9.4. Upon dissolution of the WCCB, the project and all improvements thereto are to be disposed of in accordance with Article XI. ARTICLE X Section 10.1. Additional Members. a. The cities of Minnetrista, Spring Park, Independence, Shorewood and Orono, in Hennepin County, or any of them, may become a Member of WCCB by filing an identical executed copy of this agreement with the respective recording officer of the then Members and the new Member, but only (i) upon the approval of the board of directors by unanimous vote, and (ii) a resolution approving such membership by all existing Members of WCCB. A new Member is entitled to appoint two directors to the board of directors. The board may by resolution adjust the terms of such new directors to be compatible with the staggered terms established by Article 111. b. Any governmental unit in Hennepin County may become an associate member of WCCB, but only with the unanimous approval of the board of directors. An associate member may, but need not, share in the financial obligations of the WCCB. An associate member must designate a representative to serve on the board of directors, but that member does not have a vote. The board may in its by-laws provide for further procedures and conditions governing associate memberships. An associate member has no interest in the real property or assets of WCCB or a Member upon dissolution. ■H81397SS KU200-64 ARTICLE XI Dissolution; Amendment Section I l.l. A Member other than an Initial Member may withdraw from the WCCB by giving written notice to the board prior to December 1 of any year stating an intent to withdraw as of December 31 of the calendar year next followng the year in which the notice is given. A withdrawing Member remains obligated to the WCCB for its proportionate share of the operating budget for the fiscal year in which the withdrawal is effective. Section 11.2. The WCCB may be dissolved at any time by identical resolutions of dissolution adopted by the respective governing bodies of the Members. The WCCB must be dissolved upon written notice given by an Initial Member to the board and the other Member or Members prior to December 1 of any year stating an intent to withdraw as of December 31 of the calendar year next following the year in which the notice is given. In the event of dissolution, the board will continue to function for purposes of winding up WCCB affairs and each Member will remain obligated for its proportionate share of the operating budget. Section 11.3. Upon dissolution, the board must take the steps necessary to effect dissolution as promptly as circumstances permit, subject to the provisions of this agreement. Section 11.4. Subject to the provisions of Section 11.4, upon dissolution and following the final payment or provision for payment of the WCCB’s outstanding obligations and the bonds or other obligations issued by the District to finance the initial renovation, equipping and improvement of the project described in Section 9.2, the remaining assets of the WCCB are to be distributed to the Members in direct proportion to their respective contribution as determined by the WCCB at the time of dissolution. Section 11.5. If, upon dissolution of the WCCB, the District certifies that the project will continue to be used for District purposes, the title to the the project will be conveyed by the WCCB to the District. In such event the District will be responsible for the payment of any outstanding indebtedness of the District or the WCCB incurred for the acquisition or betterment of the project. If that certification is not made, and the City of Mound certifies that the project will be used for City purposes, then (i) the City of Mound must be given the opportunity to purchase the project at a price equal to the then outstanding indebtedness of the District and the WCCB, if any, for the project, and (ii) if the City of Mound does not elect to purchase the project, the project must be sold by the WCCB at fair market value and the proceeds of the sale must be first used to pay outstanding indebtedness of the District and the WCCB for the project and second distributed to the then current Members in a manner deemed equitable by the board of directors. Section 11.6. This agreement may be amended by identical resolutions adopted by the governing bodies of the Members and filed together with the amendment with the secretary- treasurer. BHB13978S M(R00-(4 8 ARTICLE XII Effective Date This agreement is effective on the date following the day on which executed copies of this agreement, accompanied by a resolution of the governing body of each Member, are filed with the recording officers of the City and the District IHB1397tS Mmoo-M . J IN WITNESS WHEREOF, the undersigned governmental units have caused this agreement to be executed by their duly authorized officers and delivered on its behalf as of this ____day of_______________________, 1998. CITY OF MOUND Its Mayor Its City Manager INDEPENDENT SCHOOL DISTRICT NO. 277 Its Chair Its Superintendent Recorded and filed this_____day of________________, 1998. Recorded and filed this___day of ________, 1998. Clerk, City of Mound, Minnesota Clerk, Independent School Distnct No. 277 BMBI3978S MU200-<4 EXHIBIT A The City of Mound and Westonka School District recognize that the Westonka Community Center project involves the renovation of the existing Community Center facility. The facility’s square footage can be divided as follows: SPACE LOWER MAIN UPPER TC>TAL Auditorium • SF 6,870 SF 2,268 SF 9,138 SF Available Space 9,726 SF 227 SF 2,015 SF 11,968 SF Court Yards - SF 9,803 SF -SF 9,803 SF Gymnasium - SF 5,312 SF -SF 5.312SF Head Start - SF 997 SF -SF 997 SF Locker Rooms 3,661 SF -SF -SF 3,661 SF Public Access TV 3,934 SF -SF -SF 3,934 SF School District 1,074 SF 21,200 SF 3,129 SF 25,403 SF Senior Center -SF 10,747 SF -SF 10,747 SF WeCan -SF 4,224 SF -SF 4,224 SF Support 12,478 SF 31,380 SF 5,008 SF 48,866 SF Total 30,873 SF 90,760 SF 12,420 SF 134,053 SF These numbers were developed by TSP/EOS, an architectural firm working on behalf of the Cit>' of Mound and the Westonka School District. Discussions have occurred between the City of Mound and the Westonka School District addressing operating e.xpenses. The W estonka School District agrees to cover 100% of the operating costs for all usable space to be occupied by the school district programs and offices, and 66% of the operating costs for the gymnasium, auditorium and locker rooms for the first year of operation, usage and percentages to be reviewed and possibly changed annually, and that the combination of these responsibilities totals, therefore, 50% of the operating e.xpenses for the first year. The City of Mound agrees to cover 100% of the operating costs for all usable space to be occupied r by the community programs, offices, and available space, and 34% of the operating costs for the gymnasium, auditorium and locker rooms for the first year of operation, usage and percentages to be reviewed and possibly changed annually, and that the combination of these responsibilities totals, therefore, 50% of the operating expenses for the first year. The City of Mound is offering use of the Council Chambers for School Board meetings at no cost as an encouragement for the School Board to accept 50% responsibility of operating costs. i f - I j I - BITE PLAN WESTONKA COMMUNITY CENTER RENOVATION PROPOSED BUILDING & SITE PLAN S«nlor C9fit«r School OIbUIcI Hood Slorl FIRST FLOOR PLAN WESTONKA PUBLIC SCHOOLS TSP/EOS AnCMITECTS A ENGINEERS Uppor Oym -i.-____________ C '' ‘ J ■l>• -J • Public Aeoooo I AvoliiiNo Spoeo m AvaSMo Spo Uppof AudRoriiim Ef Bu E SdwelOtoirii GROUND rUDDR SECOND FLOOR r BY-LAWS OF THE WESTONKA COMMUNITY CENTER BOARD ARTICLE I - THE BOARD Section 1.1. Name of Board. The name of the Board is the "Westonka Community Center Board" (WCCB). Section 1.2. Agreement. The WCCB has been formed by a joint and cooperative agreement, dated May 1, 1998, by and between the City of Mound (City) and Independent School District No. 277 (District) (the Agreement). Terms defined in the Agreement have the meanings given them for purposes of these by-laws. Section 1.3. Purpose. The purpose of the Board is to own and operate a community center in the City of Mound as part of a joint recreational program of the District and the City. Section 1.4. Office. The offices of the Board are at City Hall, 5341 Maywood Road, Mound, Minnesota 55364 in the City of Mound, Minnesota, or at such other place as the Board may designate by resolution. Section 1.5. Members . The Board is composed of six directors selected in accordance with the Agreement. Section 1.6. Alternate Members . As provided in the Agreement, the City and the District, respectively, may by resolution appoint alternate directors for those members with a vote. An alternate member ser\'es in the event a director is unable to attend a meeting or perform the duties of director. ^ officio directors may designate a qualified person to serve as their alternate. ARTICLE II - OFFICERS Section 2.1. Officers. The officers of the WCCB are the president, vice-president and secretary-treasurer. Section 2.2. President. Before December 31 of each year, an annual report summarizing the activities and accomplishments of the WCCB for the preceding calendar year must be pepared by the Board. The annual report to the WCCB may contain the president’s recommendation for WCCB activities for the ensuing year. The president must call regular and special meetings, preside at meetings, appoint committees, prepare the agenda and implement the decisions of the Board. The president may participate in Board discussions with a vote. Section 2.3. Vice-president. The vice-president performs the duties of the president in the absence or incapacity of the president. In case of the resignation or death of the president, the vice-president performs such duties as are imposed on the president until such time as the Board selects a new president. DJK141M6 MU300-«4 Section 2.4. Secretary-treasurer. The secretary-treasurer performs the duties incident to the offices of secretary and treasurer for the Board. Section 2.5. Administrative Officers: Additional Personnel. The Commission may designate an assistant to the secretary-treasurer who is not a member of the Board and who must keep the records of the Board, act as recorder of the meetings of the Commission and record votes, keep a record of the proceedings of the Board in a journal of proceedings to be kept for such purpose, and perform the duties incident to the office of secretary and treasurer. Section 2.6. Compensation. The members of the Board receive no compensation. The compensation of the administrative personnel of the Board is to be determined by the Board and paid by the Board as an administrative cost. oection 2.7. Additional duties. The officers of the WCCB perform such other duties and functions as may from time to time be required by the Board or these by-laws. Section 2.8. Election or Appointment. The president, vice-president and secretary-treasurer are elected at the annual meeting of the Board from among its members and hold office for one year or until their successors are elected and qualify. Voting procedures for election of officers are at the discretion of the president. Section 2.9. Vacancies. Vacancies in the office of president, vice-president and secretary- treasurer are filled by Board appointment. ARTICLE III - MEETINGS Section 3.1. Annual Meeting. The annual meeting of the WCCB must be held during the month of January of each year. Section 3.2. Regular Meetings. Regular meetings of tlir WCCB are held on the last Thursday of each calendar quarter unless that day is a holiday in which case the meeting is to he held on the next succeeding secular day. Until otherwise fixed by resolution of the Board, legular meetings commence at 7:00 P.M. Section 3.3. Special Meetings. Special meetings of the Board may be called by the president, or two members of the Board for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Board or may be mailed to the business or home address of each member of the Board at least two days prior to the date of such special meeting. At a special meeting no business may be considered other than as designated in the call. Section 3.4. Quorum. Four voting members of the Board constitute a quorum for the purpose of conducting business and exercising powers and for all other purposes, but a smaller number may adjourn from time to time. Section 3.5. Order of Business. At the regular meetings of the Board the following is the Order of business: DJK14188« HU200-64 1. 2. 3. 4. 5. 6. Roll Call. Approval of the minutes of the previous meeting. Reports of the Chair. Unfinished business. New business. Adjournment. Resolutions must be in writing and must be copied or filed in the journal of the proceedings of the Board. The meetings will be conducted in accordance with Robert’s Rules of Order as most recently revised. Section 3.6. Manner of Voting. The voting on questions coming before the Board must be entered upon the minutes of such meeting. When a quorum is in attendance, action may be taken by the Board upon a vote of the majority of the members. Section 3.7. Open Meetings. The meetings of the WCCB are governed by the Minnesota open meeting law, Minnesota Statutes, section 471.705 (Act). The Board must take appropriate action to insure that its schedule of regular meetings is made available to the public by means reasonably expected to inform the public. Notice of special meetings and emergency meetings must be given in the maimer provided by the Act. ARTICLE IV - MISCELLANEOUS Section 4.1. Funds. The disbursement of funds of the WCCB must be made in the manner provided by law for statutory cities. Section 4.2. Committees. (The Board may want to consider establishing an advisory committee composed of representatives of persons served by programs of the center and users of the center.) Section 4.3. Allocation of Costs. (Sec. 8.3 of the Agreement authorizes the Board to provide for additional procedures for the allocation of capital and operating costs. This will probably not be possible until there is some experience in operating the center.) Section 4.4. Associate Members. (Sec. 10.1(b) of the Agreement authorizes the Board to provide for further procedures and conditions governing associate membership. This subject can probably await the initial request for entrance of an associate member.) ARTiri.F V - AMENDMENTS These by-laws may be amended only with the approval of a majority of the Board at a regular or a special meeting, called for that purpose provided that at least two weeks wxitten notice of a proposed change is given to members. Adopted this day of , 1998. DJK141886 MU200-64 President Attest: Secretary-T leasurer DJX142 986 MU200-64 *'t * :‘i* 'T'*. .'^'’' 1'^ 'fu'^ ' t‘ V'.'.'i y ‘^.'» >• / .. • ..:■ V ■■■•: ' .•i • »• . \ rvV'/ .• ^ • • • f k f • ; » . . • • • . lYestonka Community Center • * * V • ‘ Renovation CITY OF MOUND ' •' * ■' t' *! ‘ . .. - f. -• - k* ■ ■• t I •. ^ • »• .4 ' « *4 ‘ I' * » * * • ■•»'* •• I • • ^ • V V • • • • *• i *4. * • • . . - % % . • • • • 1 . •‘ At.,. /-, <■••>' V •*. I • • * . *•* *1 ^ • .'» * * ' f ' • . ^ • ■ # * V . V : Existing Conditions / w'.' • j; •'' • ’ / *■ I *l •- : I. . S •yl • /-•’ .* - V’ ... ’ • • , ■ ' ' • . f > •* '>•' ,ir' r r fr* %%-«• • • v.J •: / Westonka □ pmmunity Center renpvatiqn Parking Is inadequate. Traffic Is congested, SITE PLAN 'XISTINB CQNOITIPNS f, ■ I — ■ • ••- 'mb •• mm •• •• mmm •• mm •• mm •• mm •• •• j ) ■ ■■ . " ■* * •• •1 ■% ‘ " (1 * %•• f\r Commerce Blvi •JtLlk: Pond Arenn .—••• Mi- T* •* i'’= ‘■r~‘—L—i>|. ..[. I; •■ f h ■ ’.___ 1 ■ I .1 ^ " *• ^ vv' "•- -•* ►- 4S—* • ------------------------------------------------------------------------------------------ i/»:-■>.. .1 (.'r'f 'iv i! 1 ii-. ! 11 . 4IJ' ^« v:. < ii ‘••..j 'i^V'AvVW X 0 ’X i • 'v 'mim ^ i» ■■■■ ■< 4 mrnm.tJ • »>»n» •« M ' * . . -trf*- r--• • • f -f# • '• .......... »!“• v< • mmmm : ll«5S Hi • •«»* r^* ?«v’ .>;V-' .r» • • •• ■ -t • .:Vk'aV.•• •. V. • ^ « t.V/ • t»• / • • \ . Mil nil m wi:i Jiiei S'mill tS- H ■• B s '': ■ Fviim0 {- •■»'}: 1 B ,iv ir**nF 1__f —j'*^..- W^y'^ W i! VV •• * Ql ;,1 -4 • • < « s t4 K3 ( ., • • i|_MlW |^s®EigrjSaiiiLJ '{m it! L;^i .J i-tulljlMN li iV. V w il.Xrje:xia^ iiv;^/'^-:;«.7'i. :-‘»:,'5r*.i •il ;•) •• ^ i^uUA^i l.ti JII.S^ •• • • %r-!|y:i ifl-fSK-ipSKPL^?.i v-'V^-S-^t?m -- v/n •# ^2!a \r-- ii - ____*“ •• * V*7V.t’V, . ’ '■^'* i- .... ..:; j*— • • .,. ^ «• , ' . •■! ^ :’» .*^ V* **}“.. ••• - vr: •.:• ::;;• r;v^ mV — --• • '-. -------- .f, 7^ ______‘ * • — -• . .•*“***.^- • ? SSs '■’t. mr •iff A MHIPr W" :.31n::'. ^ A. — ^ II*m M- . J]l;».- ^ 1# ; « t* '4l'??VA-a^ v'^f>rM5-S *iWiK= SS’ m .:V.,;v.:.:';^Xv:;;vr: - - •v‘:VvVvr •‘•I .,T>1»- ■WM • • V'* . • ' • • • • •i. • • •• > # ' . / MUNITY CENTeR . »• ■..•■• • ' -» • Y • 4 '■ ■■■ ■■■'■■ ■ • Early Childhood Programs • Head Start • Youth Center • WestonKa Senior Center • Westonka Community Action Network (WeCAN) • Adult Basic Education • Public Cable Television Access (Trlax) • Westonka Alternative Learning Center • Westonka Community Education and Services • Westonka Public Schools District Offices • Gymnasium • • . " V.r* . V -'‘ * TINS aRiOANIZATiaNS & PRqBRAMB « . *■*: ' '• , % . .;i f * • . .V * .. . • • , • r ‘V • . • ‘'v WestpnkaCommunity center renpvatidn • The roQf le^Ks. • The rpof design drains poorly, • Molds and other nllergens, • The corridor system makes It dlfflcolt for people to find their way, A • Much of the hMlIdIng Is not accessible ^ to people with disabilities. ' • Various code deficiencies, • The 1938 building has been vacated due to fire code violations, : H^crf • Some water damage from J leaking roof, ^ K V.r • tr. fSchonf P FIRST FLODR PLAN EXISTING CONDITiaNS i WESTONKA;- :C ommunity C enter R enovation BROUNP FLOOR EXISTINB BQNDITiaNa 2ND FLDQR :.^ . ‘ • V-. •■ .^rya '\-0 V ^ ■ .....»• •'•• >* . * ...*«.• , ;■; .’■» . ••'.. ,;•■••• '^<c> .V * . r , '^ .; • • .«ir -1 V ^ * '•■ "c ' . • • I- 1.*^ y ■ k ♦ • ••■ r • • ^ ■'y\i/:-^y.' ■■■ ■■ . .'•V/ ; •,•■; V’; ■•••.•■■ *’ *V ;’ Pfoposed « ' • I Renoyation • ’9 \ ^ -'ix' • «• . . A * .A . !v • •»>• f* - •• ** • v'\V *i» * • . / *** V. * . ■ • ' ’ • ^ ■ **• •■ ••■ ■“ •* ' ' -V.;' •‘•’s' •. - *• ; • ^ • •* • . •.,?•••••*. ■ • • •. ;. • ; -r ••••,. •’' v-r- ' r •••■^ • Westdnka Cqmmunity Center Renovatiqn ‘ Incre9se amount of parking. • Redesign traffic pattern to relieve congestion. PROPaSED RENQVATIPN \ n \ 1 k 1 'in 1 11 1 : • i; Jr. . f' * . Kt;. ••’.I # .; J? •’.I \r Pond Arena > r ;• - I '! ____A ■• liLStormwater ' Pond Pla (ground U __________________________________ •I ■ '■'/ y\ ■ •V »'• 4 * Ijj >—y V—^ .. I, , •Ly /)'vVO(J'll 3^ 1 i. -------4‘ I i—- RDpase westpnka , □ PMMUNiTY Center RENOVATiaN Replace rpoflng overJhe entire bu Iding, ' ..w Aebestoa abatement, Remove molde and other allergena, Provide aoceeelble elevators, rampSt door hardware, handrails, and toilets, Provide fird sprInHIer and fire alarm systems and other code Improvements. Create Interior ooertyards to Improve roof drainage and make It easier for people to find their way, Renovate half of the doMble*gym Into a 60Q seat aMdItorlum with lighting and sound systems, Reorganize and modernize ejuarters for u existing occupants, Upgrac^ lighting and electrical systems. Install more exterior windows In the “pods ”, Install new heating, ventilating and air conditioning systems, ml FIRST FLOOR PLAN PRPPQSEP RENQVATIPN ’ * • pff; RPPPSE WeSTDNKA csaiviMtifAiTY C enter Rendvatidn l-QP. m * ^ ohnalPI(^irlc4 fwfp.WpMe 6 GROUND FLOORS PRPPPSEP RENPVATIPN ’-H* Up (5 Upl Avf5[(f5(j((j Of ino( ^ififrir.' ZND Fl-PaR I - VY*. *• . ^ - If p ‘ . i « 'WESTONkA'''*—■ ■" ' CaMMUNITY CENTER .r ■>.»:v^ -V Renpv ^ticn A ■ >•/»•?• '•<‘Ur'>^ - • ^Vf.' < . /■ >• *V'** "Yw«»%<ct ■*. •**V»'V-v «*•- . « ■ , ! ^ >» . * . ■•. *1 j ' * ' . • ; .. j- XI >V •* * •'<r* • i,\ -*. ^ , • •* ‘ •• .* I SitewolS Building Construction Design Fees Remedial Work Furnishings Technology Administration Financing Auditorium Courtyards TOTAL $ $ $ $ $ $ $ $ $ $ •' * j 400,234 6,711,672 611,181 771,078 181,600 82,600 30,800 33,000 900,326 443,124 9,166,314 West I)/.V-• ••. • i r CPNCJERTU AL"'C oi^rEdTir^TE; j. . .» ..»■ 1 •W. « .*, ■ i . ,/ % • . ‘ ,V. ; J- • ' I I % " . . . ♦ ^ r, V ^ V • V • FUNDI ,325 ,124 314 ii. ■ ^ 1 yypaTPNKAK' • . ■ , NA. Community CjENireR . • ■ , / ■ /. ■ * ReNavATipN • $1,3 million from WestonKa Public Schools out of 1993 referendum proceeds; • $200,000 from the WestonKa Senior Center; and; • $7,7 million of new general obligation bonds. r • * •> N*l' *. V A bond issue of $7,7 million would produce fbd following estimated annual tax on homestead Residential property. I ? V * «. * t r-s •• •1 ' ‘ f >•*•*'*“ * .% Af. V Assessed Value $100,000 $150,000 $200,000 $250,000 Annual Tax ■$”4r $ 80 $114 $149 FUNDINB ,'^T CPMN 9 ^ ' V ^ renp ** !l * • ■' REND ‘V:' . t-'-.; /w,^;^TaNKA CqMMMNiTY R e;ntp ;r R enpvation •- • •.* Renovation Cost I ‘ '• V.123,000 SF x$76 » $8^200,000 New Construction Cost 123,000 SF X $120 R $14,760,000 123,000 SF X $110 a $13,630,000 RENPVATtPK^gYg -NeVV- CPNSTRUOTIP ' . ♦ • ‘ . ’^1 v ^ ‘, ^ ., :.4V ^ • V..