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Home My WebLink About10-26-1998 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 26,1998,7:00 P.M, ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1.Approve/Amend APPROVAL OF MINUTES *2. Regular Meeting of October 12,1998 PARK COMMISSION COMMENTS - Susan Wilson, Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Liz Hawn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 4. 5. 6. 7. 8. 9. #2413 #2418 #2421 #2422 #2423 #2425 ZONING ADMINISTRATOR’S REPORT 3.#2411 Paul Hanssen, 3195 Casco Circle - Variance/Conditional Use Permit Paul and Megan Bennett, 500 Hanlon Avenue - Variances - Resolution Robert Lund on behalf of Graydon and Michelle Newman, 1655 Bohn’s Point Road Variance - Resolution Joann Jundt, 1400 Bracketts Point Road - Variance Renewai - Resolution Richard Gay, 2735 Shadywood Road - Variance Gara Gehring and Tom Terr>', 340 Leaf Street - Variance - Resolution Rebers Construction, 2190 West Wayzata Boulevard - Preliminary Subdivision Approval Renewal • Resolution Kenton and Diane Carlson, 3498 North Shore Drive - Variance - Resolution Jeffrey Brauchle and Elisa Schoonover, 650 North Arm Drive - Variances - Resolution Paul Phillips. 2140 Sixth Avenue North - Sketch Plan Review Roger Olsen. 815 Partenwood Road - Variance Renewal - Resolution Greenfield Corporation, 4755/4775 Bayside Road - Easement/Subdivision Dorie Finn, 1640 Shadywood Road - Variance - Resolution Carol Olson. Kid's Art School, 2180 North Shore Drive - CUP Amendment - Resolution 17.Request for Assessment Refund - Joe Fiedler, 365-373 Westlake Street 18.R( quest to Amend Easement Descriptions - Lot 5, Little Orchard 19.1 onkawa Shores Neighborhood Road Access 8:00 p.m. 20.Ann Thies. Lake Minnetonka Cable Commission -1999 Proposed Budget 10.#2427 11.#2429 12.#2430 13.#2431 14.#2432 15.#2433 16.#2434 MAYOR/COUNCIL REPORT ! • 1 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 26,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA ENGINEER REPORT 21. Award Bid for Lift Station # 13 22. Designate No Parking Area at Crystal Bay Post Office - Resolution 23. Non-Residential Sanitary Sewer Charges - Resolution CITY ADMINISTRATOR'S REPORT 24. Appointment of Additional 1998 General Election Judges - Resolution 25. Establish Date and Time for Canvassing Board Meeting 26. Certification of Delinquent Utilities and General Service Fees - Resolution • ^ 27. Hiring of Part-Time Community Service Officer 28. Reappoint Representative to Lake Minnetonka Conser\ation District 29. Neighborhood Concerns Regarding the Joint Long Lake/Orono Brush and Leaf Disposal Site CITY ATTORNEY'S REPORT * 30. LICENSES * 31. BILLS UPCOMING ISSUES AND EVENTS 1998 10/26 - Council Meeting, 7:00 p.m. 11/02 - Park Commission Meeting, 7:15 p.m. 11/03 - GENERAL ELECTION, Polls Open 7:00 a.m. - 8:00 p.m. 11/04 - Council Work Session, 7:30 a.m. 11/04 - Highway 12 Design Review Committee, 5:30 p.m. 11/09 - Council Meeting, 7:00 p.m. 11/11 - HOLIDAY, Veteran's Day 11/16 - Planning Commission Meeting, 6:30 p.m. 11/18 - Council W’ork Session, 7:30 a.m. 11/23 - Council Meeting, 7:00 p.m. 11/26 - HOLIDAY, Thanksgiving 11/27 - HOLIDAY, Thanksgiving 12/02 - Council Work Session, 7:30 a.m. 12/02 - Highway 12 Design Review Committee, 5:30 p.m. 12/07 - Truth in Ta.xation Hearing, 7:00 p.m. 12/07 - Park Commission Meeting, 7:15 p.m. 12/14 - Council Meeting, 7:00 p.m. 12/24-HOLIDAY 12/25-HOLIDAY m- Public A ttendance Meeting Date /C - !-Jlo- */ ^ □□ Council Planning Commission Park Commission Other I 'NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1.Kii£mLj^j=±2.C.tL<0AC'T~r ff\lL c 0>H >*1 iV^t CM 2. OAfiOL O/soM 3. c, k L^i N-» /A ji/ V P-T l(::> ^ \S-SL S.’^ ^ V a J , V~c\ 10.. 11.. 12. 13. 14. 15. m&f$A d CU B. '-z COUNCIL MEETING ZONING ADMINISTRATOR'S REPORT - SUMMARY OCT 2 6 1998 C17V 0" ORONO App.#Applicant Address Type PC Vote Resolution 2411 Paul Hanssen 3195 Casco Circle Variance & CUP 4-1 DENY No 2413 Paul Bennett 500 Hanlon Ave. Variance & Purchase of lot 5-0 APPROVE YES 2418 Robert Lund for Newmans 1655 Bohn's Pt. Rd. Variance 6-0 APPROVE YES 2421 Joann Jundt 1400 Brackett’s Print Road Variance Renewal 4-0 APPROVE YES 2422 Richard Gay 2735 Shadywood Rd. Variance 4-1 DENY No 2423 Gehring/Terr>'340 Leaf St.Variance 5-0 APPROVE YES 2425 Rebers Const.2190 Wayz.Subd. Renewal 5-0 APPROVE YES 2427 Kenton Carlson 3498 N. Shore Dr. After-the-Fact Variance 5-0 APPROVE W/COND. YES 2429 Brauchle 650 North Arm Dr. Variance 5-0 APPROVE YES 2430 Phillips 2140 Sixth Ave. North Sketch Plan No Action None 2431 Roger Olsen 815 Partenwod Variance Renewal 4-0 APPROVE YES 2432 Greenfield Corp.4755 Bayside Subd.— Easement 5-0 Denv None 2433 Dorie Finn 1640 Shadywood Rd. After-the-Fact Variances 5-0 APPROVE YES 2434 Carol Olson Kid's Art School 2180 North Shore Dr. CUP amendment 4-0 APPROVE YES *; i J C» w w • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 OCT 2 6 1998 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, Senior Planning Coordinator Michael Gatfron. Assistant Zoning Administrator Paul Weinberger. Director of Public Services Greg Gappa. City Engineer Tom Kellogg, and Recorder Jamie Gcmar, Mayor Jabbour called the meeting to order at 7:00 p.m. (m CONSENT AGENDA Items 11 and 13 were added to the Consent Agenda. Moved by Goetten, seconded by Peterson, to appr., .e the Consent Agenda as amended, VOTE: Ayes 5, Nays 0. (U2) PRESENTATION - ORONO SCHOOLS - HEALTHS' YOUTH INHIATIVE AND MENTORSHIP PROGRAM Melanie Deluca. Community Education Director for the Orono Schools and Teri Cain, Youth Development Coordinator for the YMCA Camp Ihduhapi and Orono Community Education were present. Deluca and Cain presented information to Council regarding the Orono Healthy Communities-Healthy Youth program including a youth mentorship program offered in partnership with the Orono Community Education and the YMCA Camp Ihduhapi. The program provides shared resources and expands a coti mon vision and related mission to build strong kids, strong families, and strong communities. Deluca reported the program has been received well by the Orono School District Communities. She re«.|uested the City Council appoint a liaison to the program. (*#3) REGUL.AR MEETING OF SEPTEMBER 28,1998 Moved by Goetten, seconded by Peterson, to approve the Minutes of the Regular City Council Meeting of September 28,1998. V’ote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - JAMES WHITE, REPRESENTATIVE None Page 1 1 h ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 PLAiNNlNG COMMISSION COMMENTS - CHARLES SCHROEDER, REPRESENTATIVE None PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT (#4) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BOULEVARD - PUD #1 AMENDMENT Cliff Otten was present. Gaffron stated that City Council voted to approve the commercial site plan review to allow the greenhouse addition, to relocate the existing canopy structure, to allow the recently constructed entrance monuments to remain in their current location, and to allow^ the retaining wall/loading dock to remain within Outlot C subject to an agreement that Otten Brothers Nursery would remove the retaining wall/loading dock at their expense If the road is ever constructed in Outlot C. Approval was subject to conditions identified by Council as to the greenhouse not having "production greenhouse" lighting, so that the impact on the surrounding neighborhoods minimized and for Mr. Otten to work with City staff and the neighboring property owners to determine what additional screening/buffering is necessary to be provided by Otten. Gaffron stated it was unclear to staff whether Council had distinctly included in the motion of approval a requirement for additional screening/buffer. Gaffron noted a letter received from Patrick Pugh, an adjacent property ow ner. Otten concurred with Gaffron's report. Otten felt the screening/buffer issue was not part of Kelley’s original motion of September 14. Otten slated that all of the previous screening requirements had been met. Otten referred to Pugh's letter regarding Pugh's statement of a promise that Mr. Otten made, agreeing to provide adequate screening for the motor pool at a Planning Commission meeting in 1998. Otten questioned the validity of Pugh's coneern. when from Pugh's homestead lot the subject area is actually screened very w ell. Otten stated Pugh's concern w as to protect the value of the vacant lot on the comer of Dickey Lake Drive and Willow' Drive North, w hich Pugh purchased in 1996. Otten feels that if the propert>‘ value was depressed, it was depressed before Pugh purchased it, not after. Otten does not feel the need to improve the value of Pugh's property. Otten stated he explained to Pugh that it would take a 12' high fence to hide the trucks. Page 2 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 i#4) #2404 OTTEN BROTHERS NURSERY - CONTINUED Mayor Jabbour pointed out that the City Code does not permit 12' high fences. Mayor Jabbour stated he believed it was not the intention of the Council to make Mr. Otten change his screening, have a development agreement, and post a bond. Gaffron stated the wording for item #5 came from staff to enable Mr. Otten to go ahead with the proposed construction absent a plan for additional screening. Kelley asked if Mr. Otten has complied with the original screening site plan Gaffron replied that he believes Mr. Otten to be in compliance with the original screening site plan Kelley questioned the height restriction and if staff has arrived at how many feet is allowed Gaflron stated he needs to review the plans with the building inspector before the document is finalized. Gaffron stated the canopy existing is less than 18'. Peterson asked if there are other properties in the City which has have undergone an intensification of the property where the City has required more screening around the building. Kelley replied Rick's Super Valu's loading dock on the west side of the property, Moved by Kelley, seconded by Petenon, to approve Amendment Number 1 to Planned Unit Development No. 1 Agreement for East Willow Woods excluding item #5 (additional screening). VOTE: Ayes 5, Nays 0. (#5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD - VARIANCE Robert Lund was present on behalf of Graydon and Michelle Newman. Weinberger stated he was directed by the City Council at the September 26 meeting to draft a denial resolution. Weinberger reported the Council approved a site plan for a new residence with a gazebo and walkway at 26.7% hardcover in 1997. Staff approved a revised plan on July 15. 1998 that removed the gazebo from the side yard and a small tower from the lakeside of the residence. The applicant has requested variances from the average lakeshore setback and hardcover to allow a swimming pool and a 30' tower addition to be added to the staff approved plan. The residence is currently under construction. A three story tower is being proposed. The first floor would be a gazebo, with office Page 3 1 4 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#5) #2418 ROBERT LUND, 1655 BOHN'S POINT ROAD - CONTINUED space on the second floor, and an observation deck above that. The proposed tower protrudes higher than the existing structure, therefore, the average lakeshore setback variance is required. Mayor Jabbour commented that it looks as if the house has been moved further away from the lake. Lund stated the house is about 500 square feet smaller than the original plan approved by Council. Weinberger stated the current proposal shows the gazebo as originally approved in 1997. The gazebo was removed before the building permit was issued. The property owners have proposed to construct a swimming pool on the west end of the property where the storms have knocked douu trees in the same location as the gazebo was origir ally approved. Weinberger added thr't the turning radius of the driveway was reviewed by staff, and it was determined that the amount of driveway proposed is adequate to turn any passenger vehicle or passenger truck. Moved by Peterson, seconded by Mayor Jabbour, to reconsidered application #2418. VOTE: Ayes 5, Nays 0. Mayor Jabbour found the additional height on the building objectionable. Goetten asked to review the original hardcover approved verses what is being proposed with the current changes. Weinberger reported the current proposed square footage for the house and attached garage is 5,922 s.f. Tlie original amount approved by the Council for the house and garage is 6,484 s.f Moved by Kelley, seconded by Goetten, to continue this matter until later in the meeting to enable staff time to gather hardcover information. Weinberger reported back to Council a breakdown of the hardcover for each of the proposed and previously existing conditions on the properties. The total amount of hardcover Lund has requested is 11,605 s.f (26.7%). The Council previously approved 11,603.5 s.f (26.7%). Peterson questioned the 30' high tower and w hat the structure is located on the north side of the house. Lund replied that it is a light tower that allows light in to that side of the house w ith no access to it. Mayor Jabbour opposed the 30' high tow er from the lake view. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#5) #2418 ROBERT LUND, 1655 BOHN’S POINT ROAD - CONTINUED Kelley questioned building a house with 6.000 s.f. plus a swimming pool on property located on Lake Minnetonka, with no plans for decks or patios. Kelley was eoncemed about future proposals to add hardcover for a deck or patio. Lui' stated the original home had a small terrace on the lakeside which tlie Newmans did not use much. The proposed house is designed so that the first floor is 6" above grade. This design is to give you the feeling that you are outside when you are actually inside. They will have a covered deck on the northwest end of the house, from the breakfast room to the gables. Mayor Jabbour voiced concern to Lund that in the future the applicants may be back asking for additional variances for a deck/patio/terracing. Mayor Jabbour felt that a percentage of hardcover should be set aside for additional terracing/decking/patio for future use. Flint expressed concern over the 30' high tower. Flint felt it would look too massive from the lake. Flint stated he would not favor this application w ith this tower. Lund asked Council for a consensus as to w hat they w ould be looking for. Mo^ed by Peterson, seconded by Goetten, to approve application #2418 removing the gazebo/walkway, adding the pool, the tower to be no higher than the highest point on the south garage side of the home, and to allow hardcover in the 75-250' setback to be 11,605 s.f. (26.7%). Mayor Jabbour asked that the resolution note that Council is concerned with the lack of patios/decking, that and the applicant recognizes this concern, and that the applicant requested Council to approve the application as proposed and acknow ledge that he or she may not have the right to add a patio/decking in the future. (#6) #2420 ROBERT RYAN, JR., 3535 CHRISTINE DRIVE - VARIANCE - RESOLUTION NO. 4171 The Applicants were not present. Moved by Kelley, seconded by Peterson, to adopt Resolution No. 4171 denying Application #2420^ 3535 Christine Drive. VOTE: Aves 5, Navs 0. Page 5 l! :: ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#7) TONKAWA SHORES PRIVATE ROAD :,TANDARDS REVIEW Dan Regan, 3410 North Shore Drive, was present. Allan Stein on behalf of Kenneth Stein of 3400 North Shore Drive w as present, Gaffron reported to Council that on September 25. Dan Regan came before Council requesting a primary driveway access to the new road which is going to be constructed for the Tonkawa Shores subdivision being done by James Render. Staff had denied the request based upon the fact that this would be a second access for Regan's property, and he already has one access on North Shore Drive. The road which is being proposed by Render has been approv ed at a substandard width in a substandard size outlot as a private road to serve three users, and now this is a fourth. Gaffron stated that Council heard from Dan Regan at their September 25 meeting and suggested Regan and James Render devise a proposal for increasing the w idth of Render's road tc accommodate a fourth user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to continue their occasional use of the old 16' easement. Council also suggested the neighborhood be notified of this request. Gaffron stated the neighborhood w as notified. Gaffron noted the existing 16' easement is in question as to who ow ns it and if it is a public or private easement. Gaffron also noted the existing 20' sewer line easement to the south of the 16’ easement is an encroachment into the neighboring properties to the south. Gaffron reported the initial approved proposal is a 16' driveway to serve the three newly developed lots. Gaffron stated that Regan and Render are proposing to construct a 20’ road instead of a 16’ road, to serv’e four lots w ith a potential of up to six users. Mayor Jabbour questioned the cost for the project. Gaffron replied that Regan indicated w ould accept the additional cost of widening Render’s road from 16' to 20', including engineering design, grading, paving, and drainage. Regan would also be responsible for a shared 25% of future maintenance cost. It w as also suggested that the covenants be revised such that any additional adjoining property owner who potential would be served by this road (3400 & 3420 North Shore Drive) could come in only after having approval by a majority of alt property owners bound by the declaration, and must agree to Join the declaration. Regan stated that his title does not show' a 16' easement to the City but rather a 16' private easement, and the County easement for County Road 51 along the front of his property, and a 20’ easement lo the City for sanitary sewer. Barrett stated in his opinion the plat for "Tonkawa Shores" should not be filed until the issue with the easement is resolved. Also, the attorney for Mr. Render should be put on notice and tlie matter resolved quickly. Page 6 •? X I ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#7) TONICWVA SHORES PRIVATE ROAD - CONTINUED Gaffron stated that if the Council would agree conceptually it would give the property owners some direction as io how to proceed. Kellev felt the road should be 24’ wide with a cul-de-sac at the end. Regan questioned if it turns out that the 16’ easement is a private easement if Render will still qualify for the subdivision. Ma\ or Jabbour replied that Render would probably need to move the road off the private easement and start all over with the subdivision process. Regan stated that is not what he personally wants to see happen, and that he wants to see the new houses built. Mayor Jabbour was opposed to making the developer put in a 24’ wide road when the Council has allowed, in the past, a 22' public street. Kellev commented that the Council has forced the 24’ wide roadway issue for many cul-de-sacs in the last 10 years. Mayor Jabbour stated he felt the rule should be abolished. He reminded the Council that during the previous mayor’s term, that he voted to remove that rule. Flint felt the w idth of the road should be at 20’ and the location is good. Kelley questioned if Council allows a road less than 24', then what would the hardship for variances be in the City Ordinances. Ma>or Jabbour replied, the Orono Comprehensive Plan on which the City Code is based was written with the understanding that it is the Councils responsibility to preserve the open spaces, preserve Lake Minnetonka, allow minimum hardcover, and 1 think it is in harmony with the community’s philosophy. Kelley asked if 3420 North Shore Drive currently uses the roadway and if they would want to use this roadwav. Gaffron stated that property has an old driveway which is overgrown at this time but that there is a good chance thev would want to use the roadway. Page? L ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#7) TONKAWA SHORES PRIVATE ROAD - CONTLNUED Stein stated they would like to use the new road for access to the back of their property at 3400 North Shore Drive. Barrett stated staff should be dir^*cted to draft a letter to Regan listing reasons for requesting an extension to the application. (#8) PLUMBING IN ACCESSORY BUILDINGS - ZONING CODE AMENDMENT - ORDINANCE NO. 179,2ND SERIES Gaffron reported to Council a revised version of the "plumb .ig in accessory buildings" ordinance. It was tabled at the September 28 Council meeting for revisions. The nvo primary revisions discussed w ere limiting applicabiliK of the ordinance (or at least the toilet/tub/shower CUP provisions) to properties of 2 acres in area or larger, regardless of the zoning district; and limiting applicability to structures that are conforming in location. Gaffron e.xpressed a concern that if Council strictly limits this to properties of 2 acres or larger there could be a conflict with the ordinance that allows a guest house CUP for a property that meets the area standard in a 1/2 or I acre zoning district. Gaffron stated the building inspectors raised the issue of property- owners who do not have an intent to use the accessory building as a guest house. The guest house CUP is intended for an accessory building that is a free standing dwelling which has all the amenities necessary to live there. Gaffron stated there is always a chance that an accessory building with amenities that is intended for something other than dwelling use, will be used as an extra bedroom for short term stays for relatives for a few days to a week. If the room in the accessory' building is used all summer by the relative, then the building has become a guest house. The zoning code does not differentiate between "occasional overnight use" and "guest house use". Gaffron questioned at w hat level of use does an accessory building that has all the basic amenities become a dwelling. Kelley asked in the case of a 2*plus acre lot in a 1-acre zone being subdivided to create two conforming I-acre lots what happens to the accessory building and w ill the applicant be notified of the provision in our ordinance which states that in the event of a subdivision it may be necessary to tear down the accessory building so that a non-conforming situation does not occur. Gaffron replied that it will need to be addressed so that a non-conforming situation does not occur. Language could be added to the covenants or approval resolution as a waming/precautionary statement that the applicant needs to be prepared that the conditions might change if they w ant to subdivide. Moved by Flint, seconded by Goetten, to adopt Ordinance Number 179, Second Series, amending the Municipal Zoning Code of Orono by adding section 10.03 Subdivision 9F and Section 10.20, Subdivision 30 regulating Plumbing in Accessory Buildings. VOTE: Ayes 5, Nays 0. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#9) #2389 DANIEL KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION NO. 4172 Daniel Kluth was present. Weinberger stated the Plar ling Commission has recommended this application be approved contingent upon approval by the City Council of the Zoning Code Amendment. Mayor Jabbour confirmed with the applicant that in the case the lot does become smaller than 2 acres, the plumbing in the accessory structure would need to be removed. Kluth acknowledged the finding of the ordinance with the mayor. Moved by Kelley, seconded by Peterson, to adopt Resolution No. 4172 approving Application #2389, granting a Conditional Use Permit to the Zoning Code Amendment Regulating Plumbing in Accessory Structures. VOTE: Ayes 5, Nays 0. (#10) INTERIM USES Gaffron reported to Council that during prior Council review it was noted that the ordinance language does not strictly follow the language in the statutes, and that the criteria for interim uses should be spelled out. Tlie reason for the interim use ordinance would be to allow temporaiy use of a propert>' that might not be suited for uses it has been used for in the past, but could get some reasonable use for the next few years until it is taken for Hwy 12. Kelley questioned if the City was considering doing this ordinance strictly for the financial gain of the property owner. Moorse stated this ordinance is to provide some interim use of property where the current uses in the zone are not feasible. This would result in a financial gain for the property owner. Barrett stated he has no concerns with the way the ordinance is drafted. Barrett felt the ordinance focuses on the specific pieces of prcpert>' for a specific period of time. Kelley asked what properties are mostly affected by this ordinance. Gaffron replied the daycare at the intersection of Hw>’ 12 and Count)’ Road 6, and potentially the Dog House Kennel. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#10) INTERIM USES - CONTINUED Kelley questioned if this ordinance would apply to portions of property in which the building is not taken but a portion of the land is taken (i.e. the Apple Orchard, Van Dale). Gaffron stated the ordinance only applies to properties in which the existing building will be acquired by Mn/DOT. After additional discussion. Council directed staff to discontinue further work on this proposed ordinance as it was not a high priority at his time and needs further consideration at a later date. It was the consensus of the Council that no action be taken regarding an interim use ordinance at this time. MAYOR/COUNCIL REPORT Mayor Jabbour reported to Council that he met with Dennis Asmussen, head of the DNR Trails and Waterways Division, and discussed issues/concems of the possible change of governor and how it will affect the commissioner of the DNR. He talked with the field supervisor and the region super\'isor regarding the request of the Orono Hwy 12 Design Committee to widen the bridge on the Luce Line. Mayor Jabbour commented on the letter the DNR sent him, stating their position is that the bridge needs to be 14' w ide. Mayor Jabbour addressed the upcoming Orono School District project and suggested a joint meeting Le^veen Council, Orono City staff and the Orono School Superintendent regarding issues related to the project. ENGINEER REPORT (*#ll) PAY REQUEST #2 FOR SHORELINE/HERITAGE DRIVE SANITARY SEWER IMPROVEMENTS Moved by Goetten, Seconded by Peterson, to approve Request for Payment #2 for Heritage/Shoreline Sanitary Sewer Project to G.L. Contracting in the amount of S127,528.76. VOTE: Ayes 5, Nays 0. (#12) AMEND ASSESSMENT ROLL FOR SHORELINE/HERITAGE DRIVE SANITARY SEWER IMPROVEMENTS - RESOLUTION NO. 4173 Moved by Kelley, seconded by Peterson, to adopt Resolution #4173 to Amend the Interest Rate and Date Applied to the Shoreline Drive, Heritage Drive and Heritage Lane Areas Sanitary Sewer .Assessment Roll, As Established BY Resolution No. 4106. VOTE: Ayes 5, Nays 0. Page 10 ri>■>1: ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (*#13) NO PARKING - FERNDALE ROAD NORTH - RESOLUTION NO. 4174 Moved by Goetten, seconded by Peterson, to approve Resolution #4174 Relating to Parking Restrictions On Ferndale Road North. VOTE: Ayes 5, Nays 0. (#14) DISCUSS/APPROVE GOLF COURSE PAINTING Moved by Goetten, seconded by Peterson, to approve the purchase of 480 prints of a golf course hole painting for S5,000 for resale at the golf course. Funding would be from the golf course fund. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT (#15) RENEW PARTICIPATION IN LIVABLE COMMUNITIES ACT - RESOLUTION NO. 4175 Moorse reported to Council on the participation in the Livable Communities Act program. Moved by Goetten, seconded by Kelley, to approve Resolution #4175 Electing To Continue Participating in the Local Housing Incentives Account Program Under The Metropolitan Livable Communities Act. VOTE: Ayes 5, Nays 0. (#16) LIGHTING FOR ORONO CITY FACILITIES PARKING AREAS Moorse addressed the need for more lighting in the parking lot areas and the safety problems that have arisen due to the lack of lighting. Council directed staff to gather additional information and cost and bring back before the Council at a later date. Kelley suggested the new light poles match the height and style of the current poles and fixtures. (*#17) BUDGET AMENDMENT FOR EXPENDITURES RELATED TO COUNTY ROAD 15 STUDY Moved by Goetten, seconded by Peterson, to amend the Special Projects Contingency account of the General Fund to reflect the additional expenditure of $20,000 for the Countv- Road 15 traffic study. VOTE: Ayes 5, Nays 0. Page 11 ■V 4 ! A ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 (#18) AUTHORIZE AGREEMENT WITH Mn/DOT FOR HIGHWAY 12 NOISE AND VIBRATION STUDY - RESOLUTION # 4176 Moved by Goetten, seconded by Peterson, to adopt Resolution #4176 authorizing the City to enter into a cooperative agreement with Mn/DOT through which Mn/DOT will fund a noise and vibration study related to the Highway 12 upgrade project, and authorizing the Mayor and City Administration to sign the agreement. VOTE: Ayes 5, Nays 0. (#19) SCHEDULE WORK SESSIONS Mayor Jabbour selected November 4, November 18, and December 2 at 7:30 a.m. for Council work sessions. The November 4th work session topic will be the City's surface Water Management Plan. One of the work sessions will include tours of the City's industrial buildings. CITY ATTORNEY'S REPORT - RESOLUTION NO. #4177 Barrett requested a brief e.xecutive meeting. Moved by Peterson, seconded by Goetten, to adopt Resolution No. 4177, approving a settlement of legal actions related to the Minnesota Police Recruitment System; and authorizing payment thereof. VOTE: Ayes 5, Nays 0. (*#20) LICENSES There were no licenses. (*#23) BILLS Moved by Goetten, seconded by Peterson, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Moved by Mayor Jabbour, seconded by Goetten, to adjourn the meeting at 10:35 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 12 COUNCIL f/EETi.\'3 Application Date: 8/14/98 Completion Date: 9/25/98 Deadline: 11/24/98 OCT 2 6 1998 riTYoronoNo REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO.: 3 Department Approval: Administrator Reviewed: Name Paul Weinberger Title Assistant Zoning Administrator Agenda Section: Zoning Item Description:#2411 Paul and Leann Hanssen 3195 Casco Circle Conditional Use Permit-Variances Zoning District:LR-1C One Family Lakeshore Residential District i, 1 /2 Acre) Lot Area:24,750 square feet (.56 acres) Application:The applicants are requesting a Conditional Use Permit and Variances to replace a boathouse 15 feet from the lakeshore. The existing boathouse has been determined by the City Building staff to be in disrepair. A wind storm in May heavily damaged a deck that was located on top of the existing boathouse. The deck could be replaced by receiving a building permit, as it had existed before the storm. However, the Building Official did not issue the building permit due to the existing condition of the boathouse it would be located above. The deteriorating condition of the boathouse .vas not a result of the wind storm. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 1 vote to: Deny the variances eind conditional use permit due to the deteriorating condition of the boathouse was not related to the wind storm and the structure is non-conforming with the zoning code. COUNCIL ACTION REQUESTED: To direct staff to draft a resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #241 1 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 TO:Paul and Leann Hanssen 3195 Casco Circle Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION:Conditional Use Permit DATE OF MEETING: 10/19/98 VOTE:1 FOR 4 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1 . The structure is a non-conforming structure within 75' of the lakeshore. 2.The repairs to the structure would include adding a foundation and complete replacement of over 50% of the walls. 3.The damage, resulting from the storm, only destroyed the deck. The boat house was not damaged by the storm. Applicant's next scheduled meeting is confirmed as; City Council October 19, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available firom the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60 WPDOCS'CAROLE PCACTIO\'241 1 4 f '4' , __ . p. j c-iccur ^2 sMw«A ua «-| Qu-^ T bt.-. l/W^ \\ftvvSStA S |^1< 10 lo I OronO C'K| "P ^4, >TvU0^r^^S C^AiSJL \V^ -V^ViOJL- Wcvv^ Wi *SSJL\/V^ k4d,'b^>'\ A. X \>«-<J l ~to OvN^\w-^ ^ \\ wo-'^ \>:W^ * ^vKsx^ • . VOjL OoTJC V <^^OvA'""0^vovr-^ o-^'^ rA.o.».AH NV>A>1^>i\\'/\ <ir Wvv\o^*'C ^ vrvx^vvv^ cS^ V)0<^ i VsfAAJk ''^cW . ^\aj^<,1\a1L^ j '^o ^ 6voysjO -------------.a__ =^=htf ■■ < I ll^IlP W^»'l !■ MJL L » : />n/JL ^S 0 Y ^^y'Ai.^ei'Ay py^L^Sif^p dA'^r Cy^s ^/^C/L/:'•» Douglas & Cheryl Hawkinson 3205 Casco Circle Orono, Mn 55391 (612) 4710-0121 October 19,1998 Dear Orono City Council, Planning Boa. !, Inspections Dept; As the next door neighbors to 3195 Casco Point Circle, we are, without reservation, in favor of the re-building, fixup of the deck on top of the boathouse on the adjoining property. It was severely damaged during the May 15,1998 storm. The repair is certainly necessary to restore lost value to the property. Please feel free to call me with any questions you may have. Yours, "3^ Douglas J Hawkinson S 10.03 SEC. 10.03. GENERAL PROVISIONS . Minimum Requirements, In their interpretation and application, the provisions of the Zoning Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. Subd, 2. More Restrictive Provisions To Apply. Where the conditions imposed by any provision of the Zoning Chapter are either^ more restrictive or less restrictive than comparable conditions imposed by any other law. City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. Source: Municipal Code Effective Date: 9-14-67 Subd. 3. All Permits Compatible With Agency Requirements. A building permit, conditional or special use permit, or other permit or necessary permission of the Council, wherever or whenever required by the City Code may be denied if the proposed action or permit is not compatible with the intent and provisions of the Surface^ Water Management Plan, the Storm K iter Run-Off and Shoreland Guidelines Policy Statement promulgated by the Lake Minnetonka Conservation District, and any other valid governmental regulations, plans and policies adopted by the City. Three copies of the Policy Statement, other applicable governmental regulations, plans and policies adopted by the City shall be marked as official copies and filed for use and examination by the public in the City Hall. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 4, Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with the Zoning Chapter. ^ Subd. 5. Non-Conforming Uses. Any land or buildincs which were actually and leqal^lv devoted to a non-ronCorming usp on January 1, 1975, may be continue(T"in said non-contorming ilSg" pursuant to conditional use permit granted as nereina spec1fied. " ' ’ A, The non-conforming use may not be changed to another non-conforming use. Nothing in this Zoning Chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary ORONO CC 251 (4-1-84) €c cc I & # r S 10.03 repairs shall not constitute more than fifty percent (50%) of the fair market value of such structure. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monuments. C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter. E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming use involving a structure with an asre.*!sor*s fair market value upon the effective date of this Zoning Chapter of $3,000.00 or less, may be continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non-conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under this Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more than six (6) months prior to the effective date of this Zoning Chapter, may be completed in accordance with the approved plans; provided construction is started within six (6) months of the effective date of this Zoning Chapter, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally existing non- conforming structure and use. H. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use. ORONO CC 252 (4-1-84) § 10.03 I. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 J. Apply to "Uses” Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter. Where, however, such a situateitf existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08. Subd, 6. Lot of Record. A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. Source: Municipal Code Effective Date: 9-14-67 A. Existing Lots. A lot of record existing upon January 1, 1975 in an "R" District, which does not meet the requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: Source: City Code Effective Date: 4-1-84 1. In "R" Districts of One Acre or Less and With Public Sanitary Sewer. A lot of record existing upon the effective date of this Zoning Chapter in any "R" District of the City of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. However, the lot of record shall not be more intensely developed unless ORONO CC 253 (4-1-84) ! TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator October 13, 1998 #2411 Paul and Leann Hanssen 3195 Casco Circle Conditional Use Permit--Variances--Public Hearing Zoning District: LR-1C Lot Area:24,750 One Family Lakeshore Residential District (1/2 Acre) square feet (.56 acres) Application:The applicants are requesting a Land Alteration Permit to replace a boathouse 15 feet from the lakeshore. The existing boathouse has been determined by the City Building staff to be in disrepair. A wind storm in May heavily damaged a deck that was located on top of the existing boathouse. The deck could be replaced by receiving a building permit, as it had existed before the storm. However, the Building Official did not issue the building permit due to the existing condition of the boathouse it would be located above. The deteriorating condition of the boathouse was not a result of the wind storm. Structural Review: The applicant hired a structural engineer to review the existing condition of the structure and recommend corrective measures to provide a structurally sound foundation conforming to the Minnesota State Building Code. The structural engineer has determined the front and back walls would be replaced and portions of the side walls that will connect to the new front and back walls would have new concrete blocks added to fit the existing walls. The side walls would require some additional repairs. The structure has a minimal foundation that would need to be replaced. A portion of the hillside must be temporarily removed to build a foundation under the structure. The existing roof is deteriorated and must also be completely replaced. 024! ! Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Per mil JO/19/98 Page 1 Lot History:The Planning Commission recommended denial of variances to tear down the existing residence to allow a new residence on March 17, 1997. The applicant was a potential buyer of the property, not the current property owner. Following the Planning Commission action the previous applicant withdrew, and did not appear before the City Council. This application will require the following variances: 1. Hardcover in the 0-75' lakeshore setback. The existing hardcover is 310 s.f.( 4.5%). The applicants are requesting to replace the 160 s.f. boathouse. 2. To allow a boathouse to exist within 75' of the lakeshore. 3. A variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right-of-way, where 15' is required. A Conditional Use Permit is required for the following: 1. Land alteration in the 0-75' lakeshore setback. To allow a foundation to be constructed under the existing location of the structure. ___________________ Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.56, Subd. 16(L)(1): Lakeshore Setback Regulations Section 10.03, Subd. 19: Land Alteration Section 10.25, Subd. 6(B): Setback Regulations for the LR-IC Zoning District ^241 / Paul and Leann Hanssen 3195 Casco Circle Idrlances and Conditional Use Permit 10/19/98 Page! 1 1 I i ANALYSIS Lot Area and Yards LR-IC (1/2 acre) Lot Area Lot Width Lakeside Yard Side Yard adj./Street Street Yard Required 21,780 s.f.100' 75' 15'30’ Proposed 24,750 s.f.90'16’10’NA The subject property does meet lot area requirements. The structure would be located 16' from Lake Minnetonka where 75' is required. The property is adjacent to a platted, undeveloped street. The code requires a 15' setback for structures adjacent to a street in the LR-IC Zoning District. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’6,750 s.f.310 s.f. (4.5%) none (0%) 310 s.f. (4.5%) To allow replacement of a boathouse 75’-250'13,500 s.f.4,476 s.f. (33.1%) 3,375 s.f. (25%) 4,476 s.f. (33.1%) none 250'-500’4,500 s.f.1,340 s.f. (29.7%) 1,350 s.f. (30%) 1,340 s.f. (29.7%) none 500'-1000’0 0 0 (35%) 0 none The proposal requires a hardcover variance for the 0-75' lakeshore setback to allow the lot to retain 310 s.f (4.5%) where 310 s.f (4.5%) e,\ists. Should the City approve a Conditional Use Permit and variances, the applicants would be allowed to reconstruct a deck above the boathouse because it was damaged by a storm. The deck is proposed to be 18' by 20'. ^2411 Paul and Uann Hanssen 3195 Casco Circle yartances and Conditional Use Permit 10/19/98 Page 3 J Structural Coverage Total Lot Size Total Structural Coverage Percentage 24,750 s.f.3,467 s.f.14.0% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS 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 boathouse is a legally non-conforming structure that has existed for many years. The structure has deteriorated to a point it requires major reconstruction or replacement. The Zoning Code would not allow this structure to be built new. 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 location of the structure would not be detrimental to public health. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The structure would not comply with allowed hardcover, lot coverage, and street yard setback requirements. Variance approval would be required to issue the Conditional Use Permit for Land Alteration. *^24ll Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10/19/98 Page 4 N-a 1 Issues 1. The boathouse requires major renovation to include complete replacement of two walls and partial replacement of the two remaining walls. Both remaining walls would also require tuckpoint and repairs to cracked block and other masonry to provide a solid wall. The roof would consist of a full replacement. 2. A conditional use permit is required for land alterations and grading within 75' of the lakeshore to remove a portion of the hillside to place a new foundation under the structure. 3. The variances must be approved to issue a Conditional Use Permit. 4. The applicants are requesting to replace a deck above the boathouse. 5.The City Building Official has determined the boathouse is unsafe to construct a new deck above. 6.The deck could legally be repaired because it was damaged in a storm. The building which the deck was located above has been determined to be structurally unsafe not allowing the deck to be constructed. Therefore, the property owners would loose their right to the deck which was involuntarily removed. Last year the Planning Commission recommended denial of variances to allow the existing house to be removed and a new residence constructed. It was recommended at that time the boathouse be removed to reduce hardcover on the lot. The applicants withdrew the application without a hearing with the Council. OPTIONS The Planning Commission has the following alternatives to consider: A. Recommend approval of the request with the hardship being the boathouse existed as a legal non-conforming structure, and the deck which was located above the boathouse would be able to be reconstructed if the building as structurally sound. A condition of approval would be the applicants must return any material removed or graded during construction to its existing location and elevation. B. Recommend denial of the request stating the structural condition of the boathouse would require a complete rebuild of the foundation and most of the walls. The Zoning Code does not allow any structure within 75' of the lakeshore. #J-// / Paul and Leann Hanssen 3195 Casco Circle Parlances and Conditional Use Permit 10/19/98 Page 5 r r. ^ 9 tt \ L 1» Attachments A B C D E F G H I J K L Application Applicant Letter Plat Map Location Map Topographic Map Survey Hardcover Calculation Worksheets Site Photos Deck Plan Structural Engineer Report Property Owners List Permit Record *^241! Paul and Leann Hanssen 3193 Casco Circle Varlancts and Conditional Use Permit 10/19/98 Pages --1 TinrtriTi naiMi Application # Date Received 9^ Amount Paid o^aT).<^^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ~Sf^ ^ Type of Application to be Filed Property Identification Number (P.I.D.)____ 3>3>, APPLICANT) Name'^-^^ ----------------- Address Phone (horae)_fQ_i Phone Avork'> »4-*71 - P d5> _ ____________Zip 5ZT3>^ ( OWNER (if different than applicant) Name________________— Phone (home). Phone (work)_ Address City Date Pro (month/year) I (do^td^ no b^so own tS'adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 Foi 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 VC, $250.00 Land Alteration Grading and filling - designated wetland or floodplain ____ Grading and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment $100.00 Appeals Cor^,^,lnp 5huc»t«« i-> O’-T^’ Other - see Fee Schedule N August 13,1998 Request to replace deck at 3 ^95 Casco Circle We submit this application to replace our deck that was damaged in the May storm. We purchased this property in the early spring of this year. After our purchase but before the actual closing and move in date, a severe wind storm took the deck and lifted it off it's foundation, landing it nearby totally destroyed. The property consists of an older home of marginal value. The deck was one of the main reasons we purchased the property. It greatly enhanced the appeal and value of the property. We only wish to restore it to it’s original condition. See Sec 10.03 Subd paragraph of Orono Municipal code. D Paul and Leann Hanssen I r 1 i I ^4 •** %V. . ' - ^BL -/.® .‘Air. -.V •r^X ORONb/^® •>- .. ••^M - - - •* *>#^ .«1 •OHMS fotar \Ur- ■.■•*• ' * ■ ’ \ lA ___:./• :•: •>§ J ■ »**'•" 1* T .. -f * * • *’'” 'i f'*^ • •••••• • • -. • . \ M •c . % • —• • •' °4i • • t3\lL^ \ . N. - •: , V c. ... .. . H. I ^ •• • . * • .' — 1 V \ • ^ . •: . IK ff5T S^RJUS >tcuo« TOlO RD o i£:ar -■Tnupcii Spring Park •(% #Ti *. • Faint » • <V >^^GOOSE • ■. :'55:5 ISLAND I^,. ■ ^ •. .. • a a ■ .a.'' PRO ' V~‘ '*•. *••*•• ^* ■ - - • • • “T-' r.* •.•;.**. *.ff » • a ^ ' ..'‘> '‘■•,*‘<* -.^T; . v^. i , ry. • • c* %- • ^ T r'.• •. a —. » •• ^* a ^ A a A ^SPRAY i ■i CASCO CIRCLE I \ t \ \\ \ V F Vi'- Ifr HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) /^-75' y 75-250’ 250-500’500-1000’I of 3 EXISTING HARDCOVER IN ZO^ A. House Length S.F. Width X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. X X S.F. S.F. D. Sidewalk X X 4^S.F. S.F. E. Patio/Dsck X X S.F. S.F. F. Landscape Underlain By Plastic X X X S.F. S.F. G. Other 14 [(L<^ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B S.F. S.F. S.F. X 100 PROPOSED HARDCOVER IN ZONE A. House X e S.F. Length Width X S.F. X rr S.F. X rr S.F. D. Garaee X S.F. C. Driveway X S.F. X S.F. f--D. Sidewalk X S.F. 2 ••X S.F. itr t L. Patio/Deck X S.F.1 X S.F.y r. Landscaoe X S.F. Underlain X B S.F. Bv Plastic X B S.F. G. Other X S.F. • TOTAL H/.RDCOVER IN ZONE S.F. TOTAL PROPERTY AREA IN ZONE •S.F. A + B X 100 -% % I f A B 'I \ ••'wS ! 4: ■ ^ *ran.^/v^ierft3P J • r HARDCOVER CALCULATION WORKSHEET 6 SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOVER IN ZONE A. House ______ 250-500*500-1000* Length 3> Width X X X ■r B. Garage C. Driveway __X X D. Sidewalk X X f-5 E. Pado/Deck .5 lO. X X / F. Landscape Underlain By Plastic X X X V 4^-t- -/^— ss ss G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 'Tt 100 PROPOSED HARDCOVER IN ZONE A. House ____ X Length Width X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A r w ^ + B ____X 100 S.F. L S.F. / i / ^ S.F. t S.F.1 ^ • a • S.F. i 3 S.F. S.F. I c, 5^?1 S.F. ___S.F. ___S.F. 4-* A B S.F. S.F. S.F. S.F. I S.F. S.F. S.F. t 'i i S.F. X S.F.% ^ S.F. S.F. S.F. % A B I 0 rt HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'75-2S0' EXISTING HARDCOVER IN ZONE A. House ’ • •S.F. Length Width X X X B. Garage C. Driveway.3^X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X SL S.F. S.F. G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZO X 100 PROPOSED HARDCOVER IN ZONE A. House ______________ X S.F. Length Width X X X S.F. S.F S.F. .r. .F. 8 D. Garage C. Driveway S.F. -? 7r. ««V w X X SJ. S.F.n D. Sidewalk X X S.F. S.F. r‘ U E. Patio/Deck X X S.F. S.F. •V, F. Landscape Underlain By Plastic X X X S.F. S.F. S.F. G. Other S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B S.F. A S.F. B xlOO - ■-.¥< ..-i A ft hi /?•. r 1» . f>J ______________________ /V o^;c •‘* v^Y/v\ *-C <.'STv^'C ' .•..x_i.''-.^. - 12" o>. \ \ • __* . Z^'C> I ) !1 1 : 1 * 1 :1 i i i t;1 i ?4 { i \»i 1 • i i . i TJ "XXh Ji<rj_Vs.',u.c^ CEp/\R AvLXA'^^ . ‘DA,,'v\Ac:;:.e- r“ J.H. Dahlmeier Engineering Inc, September 24, 1998 Paul Hanson 3105 Casco Circle Orono, MN 55391 Re: Boathouse 3105 Casco Circle Orono, MN Commission No. 98212 Dear Paul: The purpose of this letter is to report the findings of a suuctural engineering review and provide corrective measures fo: your boathouse on your property. ASSIGNMENT J. H. Dahlmeier Engineering Inc. has been retained to provide a structural engineering review and report including necessary corrective measures for the boathouse on your property located at 3105 Casco Circle, Orono, MN, as directed by Paul Hanson, owner of the property. BACKGROUND The boathouse roof at lake side was severely damaged by the windslonn on May 15,1998. In order to comply with the City of Orono ordinances, slomt damage repair can proceed only after a structiual condition study followed by necessary repairs to provide a .stiuclurally sound structure. OBSERVATIONS AND COMMENTS 1. A site visit was conducted by J. H. Dalilmcicr Engineering Inc. on September 10,1998 to review existing conditions. 2434 Conuatree Boulevard Mound, MN 55364 (612t 472-4746 FAX (612) 472 4761 r Paul Hanson September 24, 1998 Page 2 of 3 2. The following observations were made with respect to the foundation of the boathouse: 3. 4. a. b. c. d. e. f The foundation is an 8" thick concrete masonrv foundation system. The boathouse is built in the side of the hill with grade at the roof line at the rear and grade at the slab height at the front with grade sloping along the side walls. The stmeture is ten courses high (7'-4"). The slab on grade provides space approximately 10 feet deep with a transverse wood frame wall at this location with backfill appro\in»ately 3'-8" above the slab sloping up to lire rear foundation approximately 6 feet away. No exploratory work was done to determine the depth of the footings. Horizontal cracks exist in the masonry side walls indicating frost heave with the wall out of level approximately 1/2" over its length. The rear foundation wall is severely damaged due to e.xcessive earth pressure and frost heave. The following corrective measures are required in order to provide a structurally sound foundation conforming with the Minnesota State Building Code: a. Reconstaict the rear wall with 12" block on 16" x 8" footing a minimum of 5 feet below grade. Reinforce with #4 @ 32" vertical in center of wall with hook dow'cl into footing. b. Remove wood frame wall and construct new masonry wall 8" thick on 16" x 8" footing wth lop of fooling 4" below bottom of floor slab. Reinforce with H @ 32" vertical in center of wall with hook dowel into footing. Tie this wall to existing pilasters in side wall W'ith #4 dowels @ 16" O.C. grouted in place. c. Underpin front foundation wall and side walls to provide a ininintum of 5 feet to bottom of footing on exterior grade. Underpinning to be done in accordance with standard practice 4 feet wide strips. d. Tuckpoint and repair cracked block and other masoiuy to pro\ ide a solid w'all. c. Tooth rear wall to side walls to provide a rigid wall system. f. Construct wood roof system using standard carjienlry procedures with roof plate anchored to ma.sonry wall in accordance with the Code. g. Provide wood blocking @ 24" O.C. in first two joist spaces with nailing to rear wall top plate in accordance with the Code. Since the boathouse is a utility structure, protection against frost on the interior is not recommended or required in my opinion. Paul Hanson September 24,1998 Page 3 of3 a «gi.erea professional 6. f"'"’''"*'-" *"<5 S'«'clural condition and design. Other items mav be dated SeptLt:.r9l IW8 mPad Er '««« If you have any questions, please contact me. Sincerely, J. H. DAHLMEIER ENGINEEIUNG. INC. J/Kn H. bahlmeier, P.E. JHD:lm I heieby certify that this plan, specilication or report was prepared by me or under my direct supervision and tliat 1 am a duly registered professional engineer under the laws of lha. State of Minnesota. —------------------------------ Minnisofa Registration No. 9212 nim DATE 07/27/90 BATCH 503 mop ADDR OHNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR 36 20-117-23 3^ 0006 03129 CASCO CIR H J D0U6ALL/N0RNEST BK TRSTE NORNEST BANK N A PETER DOU6ALL/06916200-0046 6TH i HARQUETTE HPLS HN 55^79 36 20-117-23 ^3 0022 03205 CASCO CIR CONISTON ESTATES INC CONISTON ESTATES INC 7 BROAD ST CHARLESTON SC 29901 36 20-117-23 93 0025 03165 CASCO CIR J PRAUS I C K HAVILAND J PRAUS t C K HAVILAND 3165 CASCO CIR NAYZATA HN 55391 36 20-117-23 93 0026 03195 CASCO CIR B C DONNEY ABA DONNEY B C DONNEY IDA DONNEY 3195 CASCO CIR NAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 20-117-23 93 0020 00036 ADDRESS UNASSIGNEO D C PLAIN I P L PLAIN D CHARLES PLAIN 3227 CASCO CIR NAYZATA HN 55391 REPORT NO. PI935901 PAGE 19 36 20-117-23 93 0023 03195 CASCO CIR ROBERT H i JUDITH G BOYLAN ROBERT H BOYLAN 3195 CASCO CIRCLE NAYZATA HN 55391 36 20-117-23 93 0026 03165 CASCO CIR 6 K 6 D H CARLSON GERALD K I DIANE M CARLSON 3165 CASCO CIRCLE NAYZATA HN 55391 36 20-117-23 93 0029 03135 CASCO CIR ROLAND C AMUNDSON ROLAND C AMUNDSON MINNESOTA JUDICIAL CTR 25 CONSTITUTIONAL AVE ST PAUL HN 55155 36 20-117-23 93 0021 03225 CASCO CIR DAIVD A DOTZENROTH DAVID A DOTZENROTH 3225 CASCO POINT CIR NAYZATA HN SSS'^l 36 20-117-23 93 0029 03165 CASCO CIR J PRAUS I C K HAVILAND J PRAUS 6 C K HAVILAND 3165 CASCO CIR NAYZATA MM 55391 36 20-117-23 93 0027 03155 CASCO CIR BENJAMIN F ROBERTACCIO ZT AL B F I H K ROBERTACCIO 3155 CASCO CIR NAYZATA HN 55391 36 20-117-23 93 0030 03133 CASCO CIR G C BECKER/T I HARCHESSAULT G C BECKER/T I HARCHESSAULT 3133 CASCCJ CIR ORONO HN 553*71 V *' •. - ‘j..:-,'. . II w ’ PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR 36 20-117-23 93 0031 00036 ADDRESS UNASSIGNED THE CASCO CO THE CASCO COMPANY ROBERT 0 HACNIE 3135 CASCO CIR NAYZATA HN 55391 TOTAL BATCH 503 06013 PERMIT NO. bTULET 1‘ILE PAyJ(U) PERMIT RECORD DATE TYPE OF PERMIT Ha.} sj rK \'\^ /I - ^"S'2) (Au^^iy WcZ^A^JC /',-Aji- " •^199 . /^ep(aoP \jLoJ: 4<55C j 9-1-93._.. 9lhr. 7 ii-93 U/^1 • ^0 H A aaJ 5 '3)--77 Ej? - \ "7 ^0 •. • • ^ ^3i Ik ^^-l .T9 Q..Al/f,-/z.^tu :/C^auA^js^'^ __________LL-^_________________ S'?o2 C3Z */7'7P 6'0 ‘9?> 4'377 O-AuLiz^^ C^/c? ^/J^/Cte-i-' tTUXi^ V' U(//v«/-S ’<3 • • • • • • -V. •• • i $ •* , • » • <1* 4 t %‘m * ^ • . I? • • * * COUNCIL MEETIN Application Date: Completion Date: 60 Day Deadline: 8/19/98 8/19/98 12/17/98 OCT 2 6 1998 CITYOFORONO REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2413 Paul and Megan Bennett 500 Hanlon Avenue Variances Zoning District: RR-1B Lot Area:6,473.5 One Family Rural Residential District (2 Acre) square feet (.15 acre) The applicants have proposed to add a 20* by 24* garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The applicants purchased the home in 1996 with the assumption they would be able to construct a garage. This application had required the following variances: 1. 2. 3. 4. Side yard adjacent to street setback requirements. 17* is proposed to Dickenson Street where 50’ is required. Side yard setback requirements. 8.9* is proposed where 30' is required. Rear yard setback requirements. 11.9' is proposed where 50’ is required. Structural coverage to allow 2,011.67 s.f. (31%) where 1565.27 s.f. (24%) exists and 1,500 s.f. is allowed. In 1991 the City Council adopted Resolution No. 2982 to permit the construction of a deck within required side yard, street yard, and back yard setbacks and to allow 22% lot coverage by structures with the condition that the applicant is advised that future proposals to increase lot coverage by structure on this property will not be looked upon favorably by the Council. In 1996 the previous property owners expressed interest in purchasing the vacant lot across the allay from 500 Hanlon Avenue for the possibility of constructing a garage in the future. The vacant lot was owned in common with the applicant ’s lot, but went tax forfeit a number of years ago, and is only for sale to adjacent property owners. • _ When sewer was'brought into the area the assessment was split equally between the applicant's property and the lot across the alley. As a result of going tax forfeit the $3,350 assessment has not been recovered by the City for 1/2 of a sewer unit. In 1996 the previous property owners requested the City Council waive any interest or penalties on the assessment and collect only the principle amount of $3,350 on the vacant lot, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The Council did agree to collect only the principle amount of the sewer assessment, however, the owners did not purchase and join the lot. The Bennetts have contacted Hennepin County regarding purchase of the tax forfeit parcel. They would be able to purchase the lot by placing a bid on the property PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the variances from side yard adjacent to street setback, rear yard setback, and side yard setback to allow a two car garage with second floor living space to be attached to the existing residence subject to the property owners acquiring the tax forfeit Lot (#24) and joining the lot with Lot (#1) to meet the intent of the Council to limit the structural coverage on the lot. The applicants have stated they would be interested in acquiring the tax forfeited lot should the original assessment be waived. By acquiring Lot (#24) and joining it with Lot (#1) the lot would not require a variance for structural coverage. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. 1 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2413 NOTICE OF PLANNING COMmSSXON ACTION DATE OF NOTICE: October 21, 1998 TO: Paul and Megan Bennett 500 Hanlon Avenue Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION Variance DATE OF MEETING: 10/19/98 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. The applicants acquire Lot 24 and join the lot with their existing lot. Applicant's next scheduled meeting is confirmed as: City Council October 26, 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 \VPW1N60 wmoCS'CAROLE PCACTION'.24l3 i ] 1 I October 22, 1998 Orono City Council Dear Council members: On October 19, 1998, we appeared before the Orono Planning Commission seeking approval of variances for the construction of a garage on our propert>\ The Planning Commission approved tlie building of a garage on the condition that we purchase an adjoining parcel of tax forfeited land. We purchased our home on December 31,1996, without a garage but with an understanding that we would be able to build a garage. We were specifically told by the sellers and their realtor that the City would approve construction of a garage. We called the City to verify this, but were told that such information is not available until an application is made. It was not until w'e commenced the application for variance process that we learned of several problems which existed on our land. First, we learned that our home sits on a lot which is already in violation of current Orono zoning regulations. By the mere nature of our small lot, there is not enough land for our home. Second, we learned just two days prior to our initial hearing in front of the Planning Commission on September 21,1998 that the previous owners had applied for a variance on our property in 1991 for the construction of a deck. The City Council approved the variance, but apparently required the previous owners to sign an agreement stating that they acknowledged that the Cit>- Council would look unfavorably upon approval of additional variances or construction on the propert>’. We were given a copy of this agreement and after reading it learned that the agreement was to be included with any title to the property so that any future owners would be made aware to the City Council ’s position. The previous owners did not tell us about this agreement, and it did not appear in any of the title papers when we purchased the house. We are willing to purchase the adjoining lot and are willing to pay fair vaiue for the lot. We feel that if we do purchase the lot, the City will be able to collect future ta.xes on a parcel of land that has sat tax-free for eighteen years. We respectfully request you approve the variance so we can build a garage on the condition we purchase the adjoining lot. Sincerely, UHHOdABtAM 1 m #Paul and Megan Beimett 500 Hanlon Avenue uatfl A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2413 WHEREAS, Paul Bennett and Megan Bennett (hereinafter "the applicants") are owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, Minnetonka Bluffs, 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 and October 19, 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 10.28, Subdivision 5 (B) to permit the construction of a 24'x20' garage with second floor living space addition to the residence to be located 17’ from the side yard adjacent to the street lot line where 50 ’ is required; 8.9’ from the side lot line where 30 ’ is required; and 11.9 ’ from the rear lot line where 50 ’ is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #2413. The property is located in the RR-IB, Zoning District, where 2 acres or 87,120 s.f is the minimum lot area. The property consists of .15 acres or 6,473.5 sq ft. Page 1 of 5 3.The Planning Commission reviewed this application on October 19, 1998 and recommended approval on a vote of 5 to 0. The Planning Commission made the following findings of fact: A. In 1991 the City Council adopted a resolution for variances to allow the existing deck to be constructed. The resolution stated the Council would not look favorably on any future variances to increase structural lot coverage. B The property was assessed in 1980 for one-half of a sewer unit. The lot located across the alley was assessed for the other half of a sewer unit. The property owners allowed the lot (#24) to go tax forfeit without the City recovering any of the $3,350 assessment. ($3,350 is equal to one- half of a sewer unit). The previous property owners of 500 Hanlon Avenue expressed interest in acquiring the tax forfeited lot to allow for the provision of building a garage in the future. The City Council adopted a resolution in 1996 to allow the property owners to have all past interest or penalties waived and pay only the uncollected principal amount of $3,350 with the condition the lot be combined with Lot 1. The property owners did not purchase and join the lot. Direct access for the proposed garage would be from the alley side rather than Dickenson Street. 5. E. The property owners located at 521 Hanlon Avenue, the only adjacent property, have submitted a letter of support for the proposed plan. 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 Page 2 of 5 ' yiT.^Wr*- property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 24'x20' garage with second floor living space addition to the residence to be located 17 from the side yard adjacent to the street lot line where 50' is required; 8.9 ’ from the side lot line where 30' is required; and 11.9' from the rear lot line where 50’ is required Approval was subject to the following conditions; 1. The property owners acquire Lot 24. Block 14 and join the lot with Lot 1 Block 14. 2. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 26th day of October, 1998 ATTEST ■t- \ Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the Ci*y of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 1 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) day of_, 199___, before me a Notary PublicOn this_________ withinand forsaiU Couuiy, personally appeared____________________________ known to me to be the i-crson(s) described in and who executed the foregoing instrument, and acknowledged that he (:hey) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public r _ day of , 199___, before me a Notary PublicOn this________ withinand for said County, personally appe^^red_____________________________________ known to me to be the pciT.on(s) described in and who executed the foregoing instrument, and acknowledged that he (they) exocuted the same a'- his (their) free act and deed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public On this day of , 199___, before me a Notary Public v'ilhin and for said Couniy, personally appeared_____________________________________ known to me to be th •. reisoiKs) described in and who executed the foregoing instrument, and acknowledged that lie (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 .1 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: SUBJECT: October 15,1998 #2413 Paul and Megan Bennett 500 Hanlon Avenue Variancer -Public Hearing Zoning District: RR-1B One Family Rural Residential District (2 Acre) Lot Area:6,473.5 square feet (.15 acre) Last month the Plaiming Commission tabled this application to allow the applicant to consider purchasing an adjacent lot before placing an addition to the residence. The applicants have proposed to add a 20' by 24' garage with second floor living space to the existing residence. The hoine was constructed in 1949 without a garage. The applicants purchased the home in 1996 with the assumption they would oe able to construct a garage. This application had required the following variances: 1. Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where 50' is required. 2. Side yard setback requirements. 8.9' is proposed where 30' is required. 3. Rear yard setback requirements. 11.9' is proposed where 50' is required. 4. Structural coverage to allow 2,011.67 s.f. (31%) where 1565.27 s.f. (24%) exists and 1,500 s.f is allowed. In 1991 the City Council adopted Resolution No. 2982 to permit the construction of a deck within required side yard, street yard, and back yard setbacks and to allow 22% lot coverage by structures with the condition that the applicant is advised that future proposals to increase lot coverage by structure on this property will not be looked upon favorably by the Council. In 1996 the previous property owners expressed interest in purchasing the vacant lot across the allay from 500 Hanlon Avenue for the possibility of constructing a garage in the future. The vacant lot was ow ned in common with the applicant's lot, but went tax forfeit a number of years ago, and is only for sale to adjacent property owners. When sewer was brought into the area the assessment was split equally between the applicant s property and the lot across the alley. As a result of going tax forfeit the $3,350 assessment has not been recovered by the City. In 1996 the previous property owners requested the City Council waive any interest or penalties on the assessment and collect only the principle amount of $3,350 on the vacant lot, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The Council did agree to collect only the principle amount of the sewer assessment, however, the owners did not purchase and join the lot. Tne Bennetts have contacted '.lennepin County regarding purchase of the tax forfeit parcel. They would be able to purchase the lot by placing a bid on the property. The applicant would then approach the Council about the outstanding assessments placed on the lot. It would be up to the Council to decide how much to assess the property for. In 1996 the Council waived any penalties against the original assessment and agreed to reassess at $3,350 to be paid at 7% interest over 5 years. The applicant has the following options to consider: A.To proceed with the application as presented last month, not acquiring the tax forfeited lot, (Please see attached Staff Report) Total Lot Size Total Structural Coverage Percentage 6,473 s.f.Existing; 1,565.27 s.f. Proposed: 2,011.67 s.f 24% 31% B. To acquire the tax forfeited lot to decrease the structure over the entire lot. Total Lot Size Total Structural Coverage Percentage 6,473 s.f ♦13.946 s.f Existing: 1,565.27 s.f Proposed: 2,011.67 s.f 24.0% 14.4% The lot would confonn to allowed lot coverage by structure. This w'ould be subject to the applicant acquiring the lot and legally joining that the tax forfeit parcel with the 500 Hanlon Avenue parcel. Variances from setback requirements would have to be approved by the City Council. 1.Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where '• ■' i« required. 3. Side. .4. -»oack requirements. 8.9' is propo.sed where 30' is required. Rear yard setback requirements. 11.9' is proposed where 50' is required STAFFRECOMMENDATION Staff would recommend approval of variances should the applicant acquire the tax forfeit parcel and legally combine the lot with the 500 Hanlon Avenue parcel, based on the hardship that the lot is undersized for the zoning district and the development proposal would not inconsistent with the development in the locality. o f- !r ' -j t A. I** CITY OF ORONO P.O. Box 66 Crj'stal Bay, MN 55323 473-7357 TO:Paul and Megan Bennett 500 Hanlon Avenue Wayzata MN 55391 ZONING FILE #2413 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING: 09/22/98 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: To allow the applicant to consider purchasing the adjacent lot (#24) to reduce the structural coverage impact. Applicant ’s next scheduled meeting is confirmed as: Planning Commission October 19, 1998; meeting starts at 6:30 p.m. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). 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:Chair Smith and Orono Planninp Commission Members Ron Moorse, City Administrai FROM:Paul Weinberger, Assistant Zoning Administrator DATE:September 3, 1998 SUBJECT: #2413 Paul and Megan Bennett Variances-Public Hearing Zoning District: RR-IB One Family Rural Residential District (2 Acre) Lot Area:6,473.5 square feet (. 15 acre) Application: The applicants have proposed to add a 20 ’ by 24’ garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The applicants purchased the home in 1996 with the assumption they would be able to construct a garage. This application requires the following variances: 1.Side yard adjacent to street setback requirements. 17' is proposed to Dickenson Street where 50 ’ is required. 2. Side yard setback requirements. 8.9’ is proposed where 30' is required. 1 3. Rear yard setback requirements. 11.9' is proposed where 50 ’ is required. 4. Structural coverage to allow 2,011.67 s.f. (31 %) where 1565.27 s.f. (24%) exists and 1,500 s.f. is allowed. Parking and Access The applicants are currently parking their vehicles over a gravel drive located off Dickenson Street. Much of the parking area is actually within the dedicated right-of-way for Dickenson Street. The Proposed garage would move the access from Dickenson Street to the alley located behind the house. This would have less impact on the busier Dickenson Street as cars would not be gaining access by backing up into approaching traffic. The applicants intend to remove the existing gravel driveway and parking area if they are granted necessary variances to construct a garage. The primary issue remaining would be the outdoor parking of vehicles for guests. The proposed driveway, with alley access, would only be 12’ in *^24! 3 Paul and Megan Bennett 500 Hanlon Avenue I 'ariances 9/22/98 Page I length, not allowing adequate space for parking an average sized vehicle. The applicants have stated short term parking would be located along the north side of the driveway and along the alley or Dickenson Street. It should be noted the streets are actually further from the house than they appear on the survey. The parking would not occur on the Streets, but in a similar location as is currently used by the owners. Lot History: In 1991 the City Council adopted Resolution No. 2982 to permit the construction of a deck within required side yard, street yard, and back yard setbacks and to allow 22% lot coverage by structures with the condition that the applicant is advised that future proposals to increase lot coverage by structures on this property will not be looked upon favorably by the Council. (Resolution No. 2982 is included as Exhibit F.) In 1996 the previous property owners expressed interest in purchasing the vacant lot across the all^y from 500 Hanlon Avenue for the possibility of constructing a garage in the future. The vacant lot was owned in common with the applicant's lot, but went tax forfeit a number of years ago, and is only for sale to adjacent property owners. When sewer was brought into the area the assessment was split equally between the applicant's property and the lot across the alley. As a result of going tax forfeit the $3,350 assessment has not been recovered by the City. In 1996 the previous property owners requested the City Council waive any interest or penalties on the assessment and collect only the principle amount of $3,350 on the vacant lot, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The Council did agree to collect only the principle amount of the sewer assessment, however, the owners did not purchase and join the lot.________________________________ Pertinent Ordinances: Section 10.28, Subd. 5(B): RR-IB One Family Rural Residential District (2 Acres) Section 10.03, Subd. 14(C): Lot Coverage U24I5 Paul and Megan Bennett 500 Hanlon Avenue Vanances 9/22 93 Page 2 ANALYSIS Lot Area and Yards RR-IB Lot Area Lot Width Rear Yard Side Yard Side/Street Yard Required 87,120 s.f.200'50'30'30' Exists 6,473 s.f.50' 22' 9.6'10.4' Proposed 6,473 s.f.50’11.9'8.9'17' The garage would require variances from rear, side, and street yard setbacks. The lot does not meet minimum lot area or lot width requirements for the zoning district. Structural Coverage Total Lot Size Total Structural Coverage Percentage 6,473 s.f.Existing: 1,565.27 s.f. Proposed: 2,011.67 s.f. 24% 31% The lot does exceed the allowed structural coverage on the lot. The addition would increase the overall coverage by 446.4 s.f. The zoning code allows 1,500 s.f. on this lot. A variance was granted by the Council in 1991 to allow the lot coverage by structure that currently exists on the property. Hardcover Hardcover is not considered on lots over 1,000 feet from the lakeshore. ANALYSIS Variance ^2413 Paul and Megan Bennett 500 Hanlon Avenue tar lances 9/22/98 Page 5 STATEMENT OF HARDSHIP Applicant ’s hardship is included as Exhibit B. The applicant should also be asked for their testimony regarding this issue. Criteria for Determining Undue Hardship 1. 2. 4. 5. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The pioperty can continue to be used as a single family residence, although improvements on the property are difficult. RR-1B zoning district requires a 50 foot side yard adjacent to street setback. The subject lot consists of only a width of 50 feet. Any additions or accessory buildings would require variances. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property is undersized for the zoning district. The minimum lot size is 87,120 s.f. for the RR-1 B district. The applicant ’s lot is only 6,473 s.f Lots in the zoning district require a 50 ’ setback for side yards adjacent to the street. The applicant ’s lot is only 50 ’ wide, therefore anything that occurs on the property requires variances. 3. The variance, if granted, will not alter the essential character of the locality, The addition of a garage with 2nd floor living space would not change the use of the property. The neighborhood is used exclusively for residential purposes. 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 pioperty in the zone where the affected person ’s land is located. The use of the property would remain residential with a garage as a permitted use, U24! 5 Paul and Megan Bennett 500 Hanlon ,4 venue Variances 9/22^93 Page 4 6. 7. 8. 9. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The property was platted well before the current zoning regulations, resulting in the property not conforming w ith standards. The size of the lot does not allow the applicant to build a garage that could conform to zoning district standards. The applicant does not have the option to purchase adjacent land to increase the size of the lot. The only adjacent lot is used as a residence. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants purchased the lot in 1996 assuming they could build a garage. They have indicated in their letter of hardship they would like to have indoor storage for vehicles, especially in the winter. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrar>’ to the intent of the Zoning Code. The granting of the variances will not constitute a public hazard. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The applicant has proposed to construct a garage that would not be inconsistent with the development in the neighborhood. The size of the *ot does not allow the applicants to place the garage in another location on the lot. Issues 1. The existing residence and deck encroach into to required setbacks. 2. The lot is undersized for the zoning district. 3. The lot is a comer lot located at Dickenson Street and Hanlon Avenue. 4. The street setback from the north side of the lot is 50', which is equal to the existing lot width. ^2413 Paul and Megan Bennett 500 Hanlon Avenue Variances 9/22/9S Page 5 i . 5.The proposed addition would encroach 33' into the street yard setback towards Dickenson Street. 6. The proposed addition would encroach 21.1' into the South side yard setback. 7. 8. The proposed addition would encroach 38.1' into the rear yard setback. The City Council in 1991 adopted a resolution for a variance to allow a deck within required setbacks. The resolution stated the Council would not look favorably on any future variances for increased lot coverage. 9.Direct acces.s to the propertj' would be gained from the alley rather than the current access Dickenson . ?et. STAFF RECOMMENDATION Staff recommends the Planning Commission review the previous resolution to determine how it applies to this proposal. The new garage and living space will increase lot coverage to 31%, contrary to the intent of approval granted for structural coverage on the lot in 1991. Attachments A B C D E F G H I J K L Application Statement of Hardship Comments from Neighbor (521 Hanlon Avenue) Plat Map Location Map Topographic Map Survey Resolution No. 2982 City Council Minutes October 28, 1996 Building Plans Property Owners List Permit Record *^2413 Paul and \fegan Bennett 500 Hanlon Avenue Variances 9/22/98 Page 6 * A . I Application ft . ; • _24J%_ Date Received Amount Paid. ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 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 5 ________________________ Property Identification Number (P.I.D.) /" ------- Attach legal description to application if not included on required survey. Date Property Acquired _____________________________— I (do) (do not) also own the adjacent parcels of land. Present use of property: V residential ___pother (specify)-------------- Zoning District: RfL-'l /?_____^ c APPLIC^T ^ ^ Name 1 * Dd.t\N<.T« Address: SOO Phone (home") Ho ^ ^ ^ _____ Phone (work") S~HH ~ 3 City: b<cf<.v__________Zip:_2l5I5_3Ll OWNER (if different than applicant) Name____________________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Con^ction Cost $ _______ Describe request in detail: C.o^>r "€y.»v\<lY —Coo *y\— ’^Xis4I i\/a ----------------------------— ~ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover X .(month/year) j. 9i •• a. ? r ---i* • • V ’t - . • ^' Lot Coveiage ^ Setback: > Front % Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: .SlAaVl lofr - K T - (\tp /yurrkLip —nih ----------- (attach additional sheets if necessary) H ardship smTEMB'KJT We wish to apply for a variance for the construction of a garage with a family room above due to the following hardships that exist on our property. When we signed our purchase agreement for our home in October 1996, we were led believe by the sellers’ realtor that we would be able to construct a garage on our property. Being that we were not residents of Orono or owners of our property at 500 Hanlon Avenue at the time, we were barred from the application process to determine whether we would be able to construct a garage. We relied on the representations made by the sellers’ realtor. Although we have not had a garage on our property for the past year and a half, we have come to realize the problems posed by lacking a garage. First, our cars parked in the front gravel pseudo-driveway are dangerous. We must back our cars onto Dickenson with traffic moving at up to 30 plus miles an hour at a time. We lack the visibility as we back out of our driveway, putting ourselves in danger of an accident. Second, the location of our parked cars are hazardous to pedestrians, namely small neighborhood children. We constantly fear that our soon-to-be-toddler or one of the neighbor children will dart out between cars in front of an unsuspecting driver or biker. Third, the lack of garage poses a threat of a health hazard. We lack a place to properly store our garbage. As our infant grows, our use of diapers and waste increases. Currently, we must store our garbage outside underneath our deck. There have been several mornings, despite our careful efforts, when we wake to find cur garbage strewn about the yard. This not only poses a threat to our health, but to the neighbors as well. Fourth, there is potentially dangerous pooling of water. Due to the current gravel driveway, during rainstorms, run-off tends to pool in the intersection of Dickenson and the alley along the east side of our property. This pooling of water is particularly hazardous with the current threat of encephalitis-carrying mosquitoes. Lastly, the lack of a garage is a major hardship for our eight-month-old child. Placing our child in a car, which must be parked outside in cold Minnesota winters or hot and humid summers, is a hardship. Our baby was bom on December 15,1997. In order to take her to our doctor’s appointments, we had to leave the baby unattended while we scraped off the ice and snow eind warmed the car to an appropriately warm temperature. Thi.-^ problem will only continue to worsen as our child becomes more and more mobile, putting her in more risk of harm while left unattended. We have the additional hardship in that the lot on which our house sits is only .15 acres. We are limited in areas in which to put the garage. We believe that by placing the garage to the east of the house, we will be able to use less ground cover and keep the construction within the spirit of the existing home. Being that our home, which was constructed in 1945, already sits in violation of the current zoning codes were it a new construction, any additional construction would naturally be a continuation of that variance. // r -.I v"'• ; • • r. f\ August 16,1998 City of Orono Zoning and Planning Commission 2750 Kelley Peirkway Orono, MN 55356 Re: Application for Variance at 500 Hanlon Avenue Dear Zoning and Planning Commission: We reside at 521 Hanlon Avenue, Orono, Minnesota. We are the adjacent property to the south of the Bennett household located at 500 Hanlon. We understand that the Bennetts are applying for a few variances for the construction of a 20 foot by 24 foot attached garage with a family room above. We understand that the Bennetts need a variance from the City because their proposed building will sit in an area that does not meet current setback and lot requirements. We have reviewed the footprint and building plans of the proposed Bennett construction project and realize their proposed building will sit approximately 9 feet from our property line and 12 feet from the alley which services our property. The proposed construction will sit less than a foot closer to our lot. We do not object to the City granting of variances for the Bennett building plan. We feel that their proposed building will not be significantly closer to our lot than their existing home. We also feel that it will be an improvement to the value and appearance of the entire neighborhood. Thank you for your consideration of this application. If you have any further questions, please feel free to contact us. Sincerely, Eric Welch Chnyn d MoM Ann Welch Residents at 521 Hanlon Avenue \: I c tr ‘ r*. '- V ^v-'- r, ■; > \ Long ^Lake : I V Vv'•- >ltoiamo TN m a LAKE no 600 -A; r *» tA. • ® .......KtinVT’ t«0, *• --#•-• si ^ iQ. ' t? r;::./-»>•.--Wayzat a ''*// rrr**r*‘*y% - V'- V- ■V- ^ • Course S ocin V >. V . *• • « • inager.^ ■Lakf •'.'^ NKNLUO •* * 2 /«'' v**^ ^ n H- ^ W Peavey * ■ ^ • • ■ • • ..VkfV t iKBayQ ', ■ ■ •-.a- .' .■*;* • <• •* •*’ ^ < -,*- '• y- • ^ W - 1- ^ vv -V« • ^ • • 7% :•' if?: • >r ' ^RAMSET ^ a. ^. .. :.^v;-> \4- I ' * ■ * a#' tr •* ' • ^ r.* . • ft ‘•r.* . > y'‘ Lookout - i Ui o BML M Q UllVOgirnS «aoi& r ^ • • • . t ’-ft': -i , , . •• r .Vi;- V '*• ' i!;- 7 • jj^ • ft' A.. •*• ■ • «' ••v v:.-^ v:r Brmy: ■ • •\'v7 ’Point :\:\': .2/ CERTIFICATE OF SURVEY FOR PAUL BENNETT OF LOT 1, BLOCK 14, MINNETONKA BLUFFS HENNEPIN COUNTY, MINNESOTA CD O DICKENSON ST.cn O ro > Z 8 t r\ m 9 4 f\l)vs- Ni. % This survey intends to sho#» the boundaries of the obove described property, the existing house and deck ond the proposed garage thereon. It does not purport to show cny other improvements Of encroochments. Beorings shown ore based upon an assumed datum. o : denotes iron morker found • : denotes iron morker set COFFIN k GRONBERG. INC. OKiLK OOfDll 91E PUm mimunkioa locuiiiisai •t2-47M14t I haitf Oftil/ M smj lai pnpeid ky mi oriids my dr«! s^- vim ed ttel I ono dJy rcgittftd Cvi DgM od lod Smycr vide tht levs of the Stote of Hmesota Mok S Grev^wq Mionesoto Liconse POnber 12755 SCALE r=20' OAir 0/7/98 9B-.339 G 7 "T-H CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 ____ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1652 WHEREAS, Daniel and Barbara Fleischman (hereinafter "the applicants") are owners of the property located at 500 Hanlon Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.03, Subdivision 14 (C) to permit the construction of a deck to be located 22* from the south side lot line where a 30’ side setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and a variance to allow 22% lot coverage by structures where only 15% lot coverage by structures is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #1652 The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 17, 19S1 and recommended approval of the proposed variances based upon the following findings: a)The small lot size, being only 6,475 s.f. but subject to standards normally applied to lots of 87,120 s.f., is a distinct hardship in that no improvements to this property could occur without the need for variances. Page 1 of 5 i CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 _________ and except for tne proposea sraiiway unc of the deck/ encroaches no closer to the street than the existing house. c) The proposed deck replaces a pre-existing deck of slightly smaller square footage in the same location. d) Without this deck/ two of the three main doorway entrances to the residence will become only marginally useable due to their elevation above grade. 4. The property does not contain a garage. Zoning Code Section 10.03/ Subdivision 14 (C) allows lot coverage by principal residence and garage structures of at least 1500 s.f. for any developed property/ regardless of the resultant lot coverage percentage. In this case/ the variance is necessary because for lot coverage purposes the deck is not considered part of the principal residence. However/ granting of the lot coverage variance is justified on the basis that replacement of a pre-existing deck structure will not tend to increase the visual density of the neighborhood. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission/ reports by City staff/ comments by the applicant and the effect of the proposed variance on the health/ safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally o other property in this zoning district; that granting the variance would not adversely affect traffic conditions/ light/ air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant/ but is necessary to alleviate a demonstrable hardship or difficulty; is necessary o preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982_ _ _ _ _ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (C) and Section 10.28, Subdivision 5 (B) to permit the construction of a 16' X 20' deck with 4' x 10' stairway, located 22' from the left side lot line where a 30' setback is normally required, 11.3' from the north side street lot line where a 50' setback is normally required, and 28' from the rear lot line where a 50' setback is normally required, and grants a variance to allow 22% lot coverage where only 15% lot coverage is normally allowed, subject to the following conditions: 1. Applicant is advised that future proposals to increase lot coverage by structures on this property will not be looks upon favorably by the Council. 2. Applicants shall construct the deck per the approved plans. Any changes from those plans which increase the size or extent of the deck shall be subject to further City review. 3. 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 (July 8, 1992). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution ano on behalf Oi himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title Oj. the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982_________ i 1991. Adopted by the Orono City Council on this 8th day of July, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NOTA bV pUBLIC - M^NESOTA Notary Public Page 4 of 5 J CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2982 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ^±b. ) ss. ) On this day of 7u I y id fot 199 f/ said county^ personally otvnie^r' before me a Notai^ Public within and appeared Dar^x. P \ei^c-h r>\cin • \oinf _ . . 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. f^SfeT NOTARY^wSu C • MINNESOTA HENNEPIN COUNTY^ My commlsiloo •xplrti 6-12461® COUNTY OF HENNEPIN ) On this day of 199 / before me a Notary Public within and fot said county, appeared l^ar\ i€.l Fl^i£ChnrtCK.r\ ^ j c I n~f~ ^ known to me to be the person (s) describenin and who executed the foregoing instrumentr and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My comfr.ission txpirea 6-12-96 Page 5 of 5 r ■"1 RESOLUTION ^^2982 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) • ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 8 _ _ _ _ _, 19 91 , and that the same is a true duly adopted by said Cityand correct copy of said resolution Council at said meeting. was A ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 I ENGINEER REPORT (*/'14.)CHANGE ORDER - OLD CRYSTAL BAY ROAD BIKE TRAIL Jabbour moved, Goetten seconded, to approve Change Order HI for the Old Crystal Bay Road bike trail project to provide for bituminous surfacing and restoration of the trail along Old Crystal Bay Road from Kelley Parkway to the Orono School property in the amount of $10,938. Vote: Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT (#15.) AGREEMENT WITH ORONO ICE ARENA, INC. REGARDING INSPECTION AND MONITORING OF STORM WATER FACILITIES This item was discussed in conjunction with Item #5. hanlo i^tav E nuet ^vver assessment ^ Moorse stated 2 parcels were involved. When the sewer project was assessed the owner at that time let the vacant parcel go tax forfeit after it was assessed for a 1/2 sewer unit. The current owner was not aware of this and would now like to purchase the vacant tax forfeit lot from Hennepin County and requests the Council to collect only the principal amount ($3,350). Hurt moved, Goetten seconded, to approve the collection of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. Vote: Ayes 5, nays 0. (#17.) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Goetten moved, Kelley seconded, to set the 1996 Canvassing Board meeting for November 6, 1996, at 4:00 p.m. in the Council Chambers. Vote: Ayes 5, nays 0. (#18.) TAX FORFEIT PROPERTY - RESOLUTIONS #3792 AND #3973 Moorse stated this involves 2 parcels. One is a driveway which staff is recommending to be released to adjacent property owners and the other is a parcel in Chevy Chase which the city should retain for drainage. Hurr moved, Kelley seconded, to adopt Resolution #3792 to release parcel 31-118-23 42 0005 for sale to adjacent property owners. Vote: Ayes 5, nays 0. Hurr moved, Kelley seconded, to adopt Resolution #3973 requesting the acquisition of parcel 36-118-23-41-0043 for a public purpose particularly drainage and utilities. Vote: Ayes 5, nays 0. '-t. - * I. i"* ^ (v>?v.‘ r» } 1 J JL> w » % '•0 i I • »v/i #24 9'J SUte. Ky‘^1' ‘f4; <5 CM C-i 8I^S#J RUN OAT£ Oa/ll/^B BATCH 502 PROP ADDR ONHER NANE TAXPAYER NAHE/ADDR PROP ADDR ONNER NANE TAXPAYER NANE/ADDR 38 02-117-23 31 0013 00500 HANLON AVE P A i N N DENNETT PAUL A I NEGAN H BENNETT 300 HANLON AVE WAYZATA NN 55391 38 02-117-23 31 0026 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND HENNEPIN FORFEITED LAND FOR SALE TO ADJ OWNER ONLY HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 02-117-23 31 0016 00521 HANLON AVE E S & A J WELCH ERIC S WELCH 521 HANION AVE WAYZATA MN 55391 38 02-117-23 31 0028 00539 KEENE AVE 0 HARALD ERIKSEN 0 HARALD ERIKSEN 6219 ZEALAND AVE N MPLS MN 55628 REPORT NO. PI635601 PAGE 6 38 02-117-23 31 0015 00537 HANLON AVE R V & M E KOEHNEN ROBERT 8 MICHEL KOEHNFN 537 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0037 00530 HANLON AVE L W THIES ET AL TRUSTEES LUCILLE WOODVILLE THIES 530 HANLON AVE WAYZATA MN 55391 ■IS PROP ADDR OWNER NAME TAXPAYER NAME/AODR PROP ADDR OWNER NAME TAXPAYER NAME/AODR 38 ^2-117-23 31 0038 00520 HANLON AVE G D 8 C M TANGEN KONRAD C KRUGER 520 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0067 00650 ORONO ORCHARD RD EDWARD H HAMM TRUSTEE EDWARD H HAm 608 ST PETER ST B636 ST PAUL MN 55102 38 02-117-23 31 0039 01295 DICKENSON ST R S MILLE'VK E STENSO MILLER RICK S MILLER 1295 DICKENSON ST ORONO MN 55391 TOTAL BATCH 502 00010 38 02-117-23 31 0066 00560 BARRETT AVE R T JAFFRAY 8 V H JAFFRAY R T 8 V H JAFFRAY 560 BARRETT AVE WAYZATA MN 55391 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. g-ii-irtDATE Permit No PERMIT RECORD Date lcrr\ /hrC . Type of Permit ___________ /1-»6 • V6/^l.-ie-g(Ajyy\^^4yeC(jo Wi>(f 6 ______ Mo _ ____8 '(j-8i ^OYO Le- 3S-?1 X^cl ^qL / /“• ___ nl,d9i ___ //? ' Ly ' ^ '4- 3(^ f 9->o-%^01 OJJ^dyn. i COUNCIL M££Tirv3 OCT 2 6 1998 REQUEST FOR COUNCIL ACTION CrrYOFGRONO DATE; 10/22/98 ITEM NO Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Paul and Megan Bennett 500 Hanlon Avenue Sewer Assessment on Tax Forfeit Parcel ________________Lot 24, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota_____ Background In 1980, the Minnetonka Bluffs sewer project area was assessed such that, if a homeowner owned two or more contiguous parcels, the assessment was spread across the parcels rather than assessed only to the parcel containing the house. This has resulted in a situation in which a property owner who owned two contiguous parcels on Hanlon Avenue (please see attached map) paid the portion of the assessment on the parcel with the house and allowed the other parcel to go tax forfeit. The parcel with the house has been sold twice since the lot was allowed to go tax forfeit. In 1987, the City Council adopted Resolution Number 2126. The resolution stated that the parcel, currently tax forfeit, (P.I.D. 02-117-23 31 0026) be released subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. In 1996. the property owners, previous to the current owners, requested the Ci>y Council waive all past interest and penalties and allow reassessment of the property for $3,350, the amount of the sewer assessment never recovered by the City. The City Council, on October 28,1996, approved the collection of only the principal amount of the sewer assessment for Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. The applicants have requested to purchase this lot to increase the size of their property to allow for the building of a garage (Zoning Application Number 2413, which does require several setback variances). The previous owners requested the lot to allow for the property right to build a garage. Lot 24 is unbuildable due to its size and most of the lot is a pond/wetland. COUNCIL ACTION REQUESTED: Motion to approve the re-levying of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. 13^.22 UDr> o Tsi •sr -'llci 164. I o (47) )7 cn O 255. 12 y .Miy^' -' (c/' '%,ru r* 134.04 T\<c: m ------------------rirv.y !a> 'a i ^3^02 '\L0T 15, BLOCK. 1? WIMNETGNKA BlUFR *T%y Forfeit’ / Lol- zL ^ ' S\r s V '>,'■ ..“■■' \ O / * ' s ' - v t *^.'^. --5 »...<•\r, l;' • i:* • # t O) 12 ■n !27 92S ^4 \ %[ ____y ' ..1'27.92 .. .•\ 1 fc# -'-r .B ,i 0 § (49)" d 1 i5 V'‘\ ^ S S 21 <' 19 ^ ■ '.1 's 1 ’®(6) 17 1.1.^ • 1 • %f i 16o(!i) t !5 \ «? : • • 1 • 1 *♦ V, >l-Ji ^» T 127.75 20 " / ix s ^ yO) l7.>^ 0 i «| CO :> .^1 a ,J m (7) *i -H ■ • r* ^ ^3) ^ 10 s! I ! 3<a i Q'.i « i u \iC n ■2^.75 ~'\ SONJ^,-, ST ‘^xisy/A !v:x;;:f5ST.^x;x>^ ^ ZO \,■’' (M) ^ S5 -'2 ■ 1 ' ^ ' ^ 'ni^ \ c5i 1 !« 20 ; 1^ (46) ;(15)i ^ • y 19 'V 1 ' si W 1® /'I * (23^ i'l 4'v 7 ^ 1 L 17 P (22)(56) ^! ijr '0 r (21)i • ' . 'Si_ i 17 ) *1 L ' ~‘ . i r (20.) ! 1 i \ 10 S! « 1 1 >0 ' ^ 1 * \( icT I i ^ tf ! •(i8) ® > «^ 1 '• I > i>5 ' ■ g! 1Z5.25 »___ « ( Zo r.I— i -frr^r^------=---- 7^ I 155 1 \------- 9 •y ^ \'. 36 .' 1 ✓-V A 1 • 6 : •5^i 1 g 14 (35)•1 7 •;•(5! 1 iWu_ 13 T34)1 I'i !’rl" 0 .: r '• (B)* • V ■’Iz « ^ *7 -» i' ^j 1! (32):L’ 51*0 * _(3;} !S t /*^\ --R \7 FOX 50 1^ 33! :j 9 ' \ siyi '' \^- (i6) Xi;\ \ - li <Trt ...J I ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 ENGINEER REPORT 14.)CHANGE ORDER n - OLD CRYSTAL BAY ROAD BIKE TRAIL Jabbour moved, Goeiten seconded, to approve Change Order ffl for the Old Crystal Bay Road bike trail project to provide for bituminous surfacing and restoration of the trail along Old Crystal Bay Road from Kelley Parkway to the Orono School property in the amount of $10,938. Vote: Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT (#15.) AGREEMENT WITH ORONO ICE ARENA, ESC. REGARDING INSPECTION AND MONITORING OF STORM WATER FACILITIES This item was discussed in conjunction with Item #5. ^ (#16) 500 HANLON AVENUE - SEWDR ASSESSMENT Moorse stated 2 parcels were involved. When the sewer project was assessed the owner at that time let the vacant parcel go tax forfeit after it was assessed for a 1/2 sewer unit. The current owner was not aware of this and would now like to purchase the vacant tax forfeit lot from Hennepin County and requests the Council to collect only the principal amount ($3,350). Hurt moved, Goetten seconded, to approve the collection of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. Vote: Ayes 5, nays 0. (#17.) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Goetten moved, Kelley seconded, to set the 1996 Canvassing Board meeting for November 6, 1996, at 4:00 p.m. in the Council Chambers. Vote: Ayes 5, nays 0. (#18.) TAX FORFEIT PROPERTY - RESOLUTIONS #3792 AND #3973 Moorse stated this involves 2 parcels. One is a driveway which staff is recommending to be released to adjacent property owners and the other is a parcel in Chevy Chase which the city should retain for drainage. Hurt moved, Kelley seconded, to adopt Resolution #3792 to release parcel 31-118-23 42 0005 for sale to adjacent property owners. Vote: Ayes 5, nays 0. Hurr moved, Kelley seconded, to adopt Resolution #3973 requesting the acquisitic.i of parcel 36-118-23-41-0043 for a public purpose particularly drainage and utilities. Vote: Ayes 5, nays 0. <oo REQUEST FOR COUNCIL ACTION DATE: October 23, 1996 ITEM NO: } (o Department Approval: Name Rcr. Moorse Title Cir. Administrator Administrator Reviewed: Item Description: ' Sewer Assessment on Tax Forfeit Parcel Agenda Section: Administrator’s Report Background In 1980, the Minnetonka Bluffs sewer project was assessed such that, if a homeowner owned two or more contiguous parcels, the assessment was spread across the parcels rather than assessed only to the parcel containing the house. This has resulted in a situation in which a property* owner who owned two contiguous parcels on Hanlon Avenue (please see the attached map) paid the portion of the assessment on the parcel with the house and let the other parcel go tax forfeit. The parcel with the house w’- then sold. The current owners are now trying to sell the house but would have better luck if they could add the tax forfeit parcel to their current lot. The tax forfeit parcel could be purchased from the County for a minimum amount. However, the city normally requires all unpaid sewer assessments including interest and penalties to be re-levied if a tax forfeit parcel is purchased. In this case the principal amount of the assessment is $3,350.00. The interest and penalties have pushed the total assessment amount to over $6,000.00. The owner of the adjacent property has requested the city to re-levy only the principal amount of the assessment rather than the interest and penalties. The owner has also requested that the new buyer be allowed to pay the assessment amount over a five year period. Please see the attached letter. Staff Recommendation , Although in the normal case the city would not waive the accrued interest, m this case tne assessment procedure has created a unique and difficult situation which as been a significant obstacle to getting this parcel back into private ownership. Because of this, staff supports the request to levy only the principal amount of the assessrnem with the condition that the tax forfeit parcel be legally combined with the adjacent homestead parcel. Staff also supports the five year payment plan with an annual interest rate of 7%. COUNCIL ACTION REQUESTED: 0 ^7^ ---------------- Motion to approve the re-levying of only the principal amount of the sewer assessment ($3,350) on Lot 24 adjacent to 500 Hanlon Avenue, to be paid in five equal installments of principal, plus interest at an annual rate of 7%, with the condition that the tax forfeit parcel be legally combined with the 500 Hanlon Avenue parcel. -41-4—St.'T'—5'33*4 OLVMPIm RESORT POl SEP SlT'OE. ii*:' September 24, 1996 Mr, Bon Moorse City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Moorse: We have been transferred out of stale and my employer has entered into a contract with a relocation company to sell our home. The listing contract is between Burnet Realty (Rhonda Wilson) and the relocation company. The relocation company will not accept any offer containing a contingency. We have an offer on our home including the adjoining lot, which we do not presently own. Since our home does not have a garage, or space to build one, Rhonda Wilson has urged us to attempt to purchase the lot to assure the sale of our home. We arc asking you to consider our request for forgiveness of the penally and Interest due on the adjoining lot and reassess It In the princ^|j amount of $3,350, vyith the option of payment over a 5 year period, assumable by subsequent owners. The following explanation is submitted for your consideration. In 1980, city sewer was placed In Minnetonka Bluffs. The City split the assessment for Lot 1 equally between Lots 1 and 24 as they were both owned by the same party. They did not require the 2 lots to be combined, however. When we purchased lot 1 (500 Hanlon Ave) in 1985, our purchase agreement provided that we assume all special assessments. We paid them off over time and had no knowledge that what we were paying was only 1/2 of the assessment. The seller did not disclose that he owned lot 24 and that it had an assessment relative to lot 1. Had we known, we would,perhaps, have negotiated the purchase differently, requiring the seller to pay the assessments. Lot 1 was assessed $3,350 and lot 24 was assessed $3,350, even though it v/as not a buildable lot. The seller never made a payment and lot 24 subsequently went Into tax forfeiture. In 1985, we approached the City Council with a request to ■41*4 —SSV—5S3-4 OI_YMP I fn RESORT S3S P02 SEP 2T * St. 1 3:; 1 1: waive the assessment, as any other adjoining neighbor wishing to purchase the parcel would not be required to pay it. We misunderstood the importance of our attendance at the City Council meeting and, instead, took care of a personal matter that needed our immediate attention. We were not there to negotiate with the council (as per the "Council Action Requested" Aug 19,1994) and the request was unanimously denied. We now ask The City Council to reconsider our proposal and reassess this lot in the principal amount of $3,350, exclusive of penalty and interest, as it was not in our ownership when these fees were accumulated. We would appreciate your comments and request that this matter be acknowledged at the October 14,1996 City Council • • meeting. Thank you for your consideration. Sincerely, Daniel/hleiscl>qiar| V / r/II / ^ \ Barbara Fleisch J 7^ v:r» •64. \7y' a 1 'V 54 A (//) *31*5»* «.*»i.va.oo r* * 0^1------------------- :g?^v •xo/ o» €>• 2 % \lOT 15. BLOCK \2 MINNETONKA aUFFSmmc ,-W'\ , \A^ r , - v"^ / A / ^ M5l / MW53* lO'C IW.3' Qa: t±3 ct o cc cro ' liT.9J _ -N flL<t\ L n \ V ^ 4 S » • ^(5)" a'-W a'’ l4 ^ ** fll) ?g (8) ^ a ij\c Ol P 10 a T* V f^yS f (5) *^^r5 'P^n'* « »/ DICKENSON ST n *. WA a «'v(i4) n Mf ■'■ « (f6)i^W 5 ; j, ^(15); a 19 V 6 >i 5^: (?3) ^ (??)'‘fifii ^ Q 16 ” (?l)® a fl7) ^ (?0):. '0 f; a '* ^H19)\flfll ^ VAC l^•4^ 4!k0^ 4^.4 ^ i7r3« (M) XI 5', \' V<;i^ t ‘tftir* ^ »;v. i'w.Hi'^ 7*^" "'i.".ff^^W^r' ' »?- •'»v ‘.''**'-o<^wrj*' . •tUUMU UlltUMItiVfir AVi'irKiM .:;-1; /r7/ T^:7- ; • . •?• -atme IVirf if«ft MUtk M ciii :m9 m^en TAKI^AreR HAHC/ADDRCa HETCZ AND OOUliOS MDRT CDDE/IOUI • rscAOH lunr/ADORc:^ ADDXr20< lOMt LOr Silk PtAf ^AX>C(t PtOPffftV 1.0. ACREAGE GCH HTIt SEM PROPERTY AOORISS M TI<P RO QQ flUtX OST SHO OST 0 H JAFFRAY I M D JAFFRAY DRAPER M JAFFRAY 540 OARRErr AVE HAYZATA MN 55391 TAXABLE MARKET GROSS TAX CAPACITY NET TAX CAPACITY RENTAL TAX IF PROJ AMT 050 540 0130000952673 •'MIWIETONKA BLUFFS** 000.00 276 3 STATUS: CURRENT SEC-HMSTO REF ID 02-117-23 31 0046 010 014 42560 4100 02-117-23 31 0023 I BARRETT AVE CONSTRUCTION YEAR 3»400 66 60 QUALIFYING AMT FO SHARED TC FO AREA. RATE IF PROJECT NO. 61.74 OGOOOOOO DIVISION NO DIVISION DATE SEE ID S TAX LEVY/DESCRIPTION IIMSTDPRTYP RATE GROSS TAX STATE PAID AID SOLID NASTE FEE H LR 120.2320 14.4660 TOTAL TAX TOTAL PAID AMOUNT 91.57 9.63CR .64 62.36 00 LAND 3 >400 BLDG MACH OiHNZ 1 00 BASEl BASE2 NHDASE NON-HMST 66 AMT UNPAID 62.38 OHNER TAXPAYER NAHE/ADDRESS METES AND BOUNDS MORT CODE/LOAN f ESCROH NAME/ADDRESS ADDITION NAME LOT DLK PLAT PARCEL PROPERTY I.0. ACREAGE SCH WTR SEN PROPERTY ADDRESS SN THP RG QQ SUFX DST SHD DST HENNEPIN FORFEITED LAMB HENNEPIN FORFEITED LAND ADJACENT OHNER ONLY 626 ••MINT^ETOWCA BLUFFS** 000.00 276 3 STATUS: CURRENT 024 014 42560 4320 ADDRESS UNASSIGNEO 02-117>23 31 0026 CONSTRUCTION YEAR TAXABLE MARKET GROSS TAX CAPACITY NET TAX CAPACITY RENTAL TAX IF PROJ AMT QUALIFYING AMT FO SHARED TC FD AREA RATE IF PROJECT NO. .00 00000000 DIVISION NO DIVISION DATE SEE ID S TAX LEVY/DESCRIPTION EXEMPT HMSTOPRTYP N LR TOTAL TAX TOTAL PAID RATE AMOUNT .00 LAND BLDG FORFEITED LAND CONTRACT / MACH OHNX BASEl BASE2 NHBASE NON-HMST .00 OHNER TAXPAYER NAME/ADDRESJ MORT CODE/LOAN t ESCROH NAME/ADORESS METES AND BOUNDS ADDITION NAME LOT BLK PLAT PARCEL PROPERTY l.D. ACREAGE SCH MTR SEW PROPERTY ADDRESS SN TWP RG QQ SUFX. OST SHD DST * MARION J DETTLOFF ■JIARION J DETTLOFF 1255 DICKENSON ST HAYZATA MN 55391 LOTS 1 AND 2 It4CL ADJ 132 OF VAC 260 0410076236 •*MIM<ETONKA BLUFFS'* 000.00 276 3 STATUS: CURRENT 1255 015 42560 4425 02-117-23 31 0027 • DICKENSON ST CONSTRUCTION YEAR 1954 ALLEY t VI ' ‘V - CITY OF ORONO> City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2126 __________ TAX FORFEITED LAND RELEASED FOR PRIVATE SALE TO ADJACENT OWNERS WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes 282, the City has received from Hennepin County a list of lands within the City which have become the property of the State of Minnesota for non payment of real estate taxes; and WHEREAS, the City Council has reviewed said lands for compliance with local zoning ordinances, for the amount of outstanding special assessments remaining unpaid to the City, and/or for possible public use by the City as authorized by the Statutes . NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono, pursuant to Minnesota Statutes 282, hereby approves the classification of each of the following parcels of land as non-conservation land, and furthermore, approves the public sale of each parcel of land as listed below to adjacent property owners. All parcels remain subject to all applicable zoning ordinance provisions, including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcels(s). Release of these lands by the City Council is subject to the condition that all outstanding special assessments shall be paid in full to the City upon return to private ownership. Any amount not recovered at the time of sale shall be subject to reassessment by the City. PARCELS RELEASED FOB SALE District P.I.D. 38 10-117-23 31 0034 38 02-117-23 31 0026 COUNCIL MbSTINu OCT 2 6 1998 REQUEST FOR COUNCIL ACTION CrTYOrORONO DATE: 10/22/98 ITEM NO .* 5*^ 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 NewTnan 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: Tlie City Council approved variances to permit construction of a two-story tower to the residence and to allow 11,605 s.f. (26.7%) of hardcover in the 75-250' lakeshore setback. 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. Hardcover was approved to allow 11,605 s.f (26.7%) hardcover. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____________ - 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 Newman and Michelle Newman (hereinafter "the applicants") are owners of the propert)' 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 vzuiances 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 11,605 s.f (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 s.f, (25%) is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 5 Co^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.________________ 1. 2. 3. 5. 6. 7. FINDINGS This application was reviewed as Zoning File #2418. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District. The Plaiming 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 Cit>' Council denied the applicant's requesi on September 28, 1998, but due to not receiving complete information to base a decision upon, the applcation was opened for reconsideration on October 12, 1998. Property owners acknowledge that the proposed plan does not include outdoor patios or decks. It is the intent of the City Council that future requests for additional hardcover would not be looked upon favorably. The City Council finds that the conditions c.xisting on this property are peculiar to it and do not apply generally to other property' in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property- right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _____________ 8.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 varince on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 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 11,605 (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 (25%) is normally allowed. Approval was subject to the following conditions; 1. No additional hardcover shall be allov ed in the 75-250' lakeshore setback. 2.The observation tower shall not exceed the height of the roof line located over the southeast portion of the proposed residence, as shown on the Elevation sketches dated September, 1998 on file with the City of Orono Building and Zoning Department. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 12, 1999). 4.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. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ Adopted by the Orono City Council on this 12th day of October, 1998 ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of October, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) COUNTY OF HENNEPIN On this CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ SS. ) 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 5 of 5 Application Date: Completion Date: 60 Day Deadline: 9/23/98 9/23/98 11/22/98 COUNCIL MEETING OCT 2 6 1998 ClTYCPGROf^O REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO.:7 Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Application:#2422 Richard Gay 2735 Shady wood Road Variance-Public Hearing Item Description: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:1 Acre + Application: The applicant has proposed to construct a fence to exceed the maximum 3 1 /2' height within the average lakeshore setback. The fence would be 6' in height. The applicant has stated in his hardship statement 3 1/2' is inadequate for the purposes of containing his 2 Borzois dogs. The proposed location has house access, where placing the fence elsewhere would not allow this convenience. This application requires the following variance: 1. To allow a fence to encroach into the average lakeshore setback. (Section 10.03, Subd. 15, Paragraph D). The zoning code does not allow fences to exceed 3 1/?' within the average lakeshore setback. This lot is located with one adjacent residence to the North and a small bay to the South. The average lakeshore setback would be measured as the distance from the one adjacent residence to the lakeshore. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 1 vote to: Deny the variance to allow a 6 foot fence to be constructed within the average lakeshore setback where a 3 1/2 fence is allowed based on the applicant's desire to keep dogs on the property, not a result of the lot's topography. COUNCIL ACTION REQUESTED To direct staff to draft a resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2422 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; October 21, 1998 TO:Richard Gay 2735 Shadywood Road Excelsior, MN 55331 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING; 10/19/98 VOTE:1 FOR 4 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS; 1. The hardship is a result of the property owner's desire to keep dogs on the property. 2. Allowing a 6’ fence on the lot may be a concern for similar requests in the future. Applicant's next scheduled meeting is confirmed as; City Council October 26, 1998, meeting starts at 7:00 p.m. 4 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 \VPWIN60'WPDOCSC.\ROLE\PCACTlON\2422 // TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Assistant Zoning Administrator October 5,1998 SUBJECT:#2422 Richard Gay 2735 Shadywood Road Variance-Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:1 Acre + Application: The applicant has proposed to construct a fence to exceed the maximum 3 1 !2' height within the average lakeshore setback. The fence would be 6' in height. The applicant has stated in his hardship statement 3 1/2' is inadequate for the purposes of containing his 2 Borzois dogs. The proposed location has house access, where placing the fence elsewhere would not allow this convenience. Tl.is application requires the following variance: 1. To allow a fence to encroach into the average lakeshore setback. (Section 10.03, Subd. 15, Paragraph D). The zoning code does not allow fences to exceed 3 1/2' within the average lakeshore setback. This lot is located with one adjacent residence to the North and a small bay to the South. The average lakeshore setback would be measured as the distance from the one adjacent residence to the lakeshore. Pertinent Ordinances: Section 10.03, Subd. 15(D): Non-Encroachments Section 10.56. Subd. 16(C)(6): Average Lakeshore Setback ^2422 Richard Gay 2^25 Shady wood Road I ariance 10/19/98 Page I i 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. Surrounding Properties The residence to the North of the applicant's property sits on a hill located above the proposed area to be fenced. The adjacent residence is configured on the lot to look straight out over their own property. The fence would be visible to the property as it would be located on the property line between the house and the lake. Adjacent to the subject lot, to the southeast, is a small bay. The bay contains several docks and boat covers. There are three residences across the bay that would not be affected by the fence as the fence would be located in a wooded area. There is a wooded area between the applicants property and the bay as well as several boat canopies screening the properties on the bay. Allowed Fencing The applicant would be allowed to construct a 3 1/2 foot fence. Lakeshore lots only allow 6' fences in side yards and along the street. No fences are allowed within 75' of the lakeshore. Please see Attachment F for City of Orono Fence Regulations. Issues 1.The fence could be constructed 3 1/2 feet in height. Fences are not allowed to exceed this height in the average lakeshore setback to protect adjacent property sight lines. The adjacent property owner is located ou a hill with a view above the proposed fenced area. 3. 4. The fenced area is currently wooded. The property has only one adjacent residence as the lot is located next to a small bav. 1^2422 Richard Gay 2 "55 Shady w ood Road I ‘ariance 10 IMS Page 2 STAFF RECOMMENDATION The plight of the applicant is due to his desire to keep dogs on the property, not due to the topography of the lot. Therefore, staff is recommending denial of the request. Attachments A B C D E F G H I Application/Statement of Hardship Plat Map Location Map Site Topography Survey/Site Plan City of Orono Fence Regulations Allowed Fence Height Property Owners List Permit Record 1^2422 RtcharJ Gay 2^35 Shady wood Road Variance 10/19/98 Page 3 (• Application Date Received Amount Paid S 2 i 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 INFORMi^ON Site Address ^"7 ^_____________ p^.ty Identification Number (P.U).l A1 1 r' VV. survey. Date Property Acquired /9^g --------- I (do not) also own the afljacent parcels of land. Present use of property: V residential ___pother (specify). Zoning District: L-(^ ---------------------------------—— f - j. . * V(month/year) i ■% APPLIC Name ^ . -___________. Address: A.^ Phone (home). • • ■'f. Zip: SS->7 / OWNER (if different than applicant) Name _________________ Phone (home). Phone (wbrk)_ Address:City:.Zip:, DESCRIPTION OF REQUEST Describe reouest in REQUEST Estimated Coi^ction Cost $ detail:/^ 2 £ ^ /\y^ ^ 5*1 Wg. ^r~ (attach additional sheets if necessary) VARIANCES REQUIRED• • • Lot Area _Lot Width Hardcover Lot Coverage X Setback:Front Side X Rear X Average Lakeshore ify) a /Icmj n ’ Ly^ »v/»iy /aktslo HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COOTITIONS Describe undue hardship or practical difficulty or unusual property conations preventing (attach additional sheets if rccessary) Cc 1 0-^ ^i U\cL ^so t4 /tp<^/ v/cjv^i tfu^ 5-e^ a.^ v^^Kz/'ts '/«-^ IaM^OOjy VOv^ ^^^5 ^ ^'j^L t\^// a- C4/6yfJk ^)iSi-}o voj¥^ pl/ox^^ CO S Jf »WUL^ c/iV^cl-^5^ l/;^4/^ d <3- /wv <9 r€a Tv i^e. <? o/ «/,' /^Ol^5*-t J ^ir /''C \AAO<j'eJ Lj €^ 1^ e)5 ci ^1^^// ^ c) f)t //oiH^cci^i.^ it//!f,v/ (MDu^J Ue^ aJ^ a-^y fi'fLe.v» r<ise-tA.Ll-^ /ec^}<^9. iW"^ /o^i^W eP^ l^, O'^ 3^ ;?7A>~ j4ai,'KW^J, 7^ s^>-<</ «Tf- <»-' a0!<^tyt&l <st Our JNC^Cw-e / r/ \ uav 3 rTTr^*" XU -V *■% .. ■'w r ' ’\ 5U -.1: -s ’ ■ *0 2W \ ^ :o • j. K.v'“ ----- . i \t'<^//7 Sl, ^ 17^ // (p^ si« Z ■; ...P (4^) 7 * (40} -Y ^v'J <^' A> “ • Wfi: ' \ - / \^'v^‘v \ $ ? V (2) / r-y 2/- ni-Z'i-^^ taj.^rVi^ OrvO /'i!. O O !.r!>rT_ .iS .‘^' , j Cc-^—lsT'*v^^f / ) • • ' * «• * > V—^ .* a(If aar ^ PRU * • • * Crystal •.\ * -*• •“ Vi “1 ■' 'i'* > ':•• '- . J V ' w Bay Country C ub .'Vv^v s*% * \lT0 . '^LliCarman <! .MINNETONKA VetrV-v' D fc^/\U n . - ''\^ : Lafayet • • •- ■- * .• \j''f ' jW/Tl ^ .r ^ *5,. v '.l^- .\- • .' t • ^• .• % •"•-=•■"- ••: -' ^ »V . #- \SPRAY and part of Tract 0, R. L. S. Ro. 415 I S «»W cV<^ ■4 I I hereby certify that this is a true and correct representation of a survey of the following described property: That part of Lot 2S, "Pheasant Lawn" lying southeasterly of a line drawn parallel with the northwesterly line of said lot fror. a point on the northeasterly line of said lot 123.6 feet southeasterly, measured along said northeasterly line from the most northerly corner of said Lot 26, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State ALSO all of Tract U, except the Northeasterly 110 feet thereof. Registered Land Survey No. 415, Files of Registrar of Titles, County of Hennepin, and of the location of an existing building. It does not purport to show other irrproveinents or encroachments. r F CITY OF ORONO Fence Regulations General: 1. 2. 3. Fences meeting height and location regulations do not require a permit. Fences must be within property boundaries, but no setback is required. The City of Orono does not require fences around swimming pools; however, property owners are advised to check with their insurance company. 4. The City of Orono does not regulate fencing materials or visual appearance of fences. Fence Height/Location Standards Location Maximum Fence Height Standard: Front Yard Side Yard Rear Yard 3 W 6’ 6’ Lakeshore Lot: Lake Yard 3 Ahead of "average lakeshore setback line", except jno fence is allowed within 75 ’ of the shoreline Side Yard 6’Behind "average lakeshore setback line" Street Yard 3 >/5• »(6’ along County & MSA Funded Roads) Comer Lot: 30’ Sight Triangle Front Yard Side Street Yard Side Yard Rear Yard 3’ 3 W 3 'A’ 6’ 6’ If you have further questions regarding fences, please contact the Building and Zoning Department at 473-7357. G •1 . C«rtlficat« of Bnrrmy' for Paul C. CaxlaoQ of part of lot 26, "Phoaaaiit lavn* ani part of Tract 0« R. L. S. Rb. 415 Fe«ce^ Mtijlj-) I hereby certify that thia ii^^vue and correct repreientation of a survey of the followir^ described property: That part of Lot 26, "Pheasant Lawn* lying southeasterly of a line drawn parallel with the northwesterly line of said lot a po;nt on the northeasterly line of 121.6 feet southeasterly, tneasured along said northeasterly line from the most northerly corner of said Lot 26. according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State ALSO all of Tract U, except the Northeasterly 110 feet thereof. Registered Land Survey No. 415, Files of Registrar of Titles, County of Hennepin, and of tho location of an existing building. It does not purport to show other improvements encr^ *».chments. Scale: I inch - SO feet Date I Hay 30, 1984 • X iron marker found o t iron marker set Cordon R. Coffin Co,# Inc, '^Gordo.i R. Coffin RegTNo Mark S. Cronberg Reg.No 60( 127! Eng,.neers and Land Surveyors Long Lake, Minnesota •m V ■ •» y’>:i L RUN DATE 09/14/98 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST BATCH 503 PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NANE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 21-117-23 24 0003 02705 SHADYHOOD RD G 0 A J H FOX GAYLORD 0 I JON HARIE FOX 2705 SHADYWOOD RD EXCELSIOR HN 55331 38 21-117-23 24 0028 00038 ADDRESS UNASSIGNEO JANES 0 GINTHER ET AL JANES 0 GINTHER 3131 DARTHOUTH AVE EXCELSIOR HN 55331 38 21-117-23 24 0032 02720 SHADYWOOD RD B A KVAH 8 J C KVAH TRUSTEES JOHN C t BEVERLEE A KVAH 2720 SHADYWOOD RD EXCELSIOR HN 55331 38 21-117-23 24 0052 00038 ADDRESS UNASSIGNED 80YD WITTHAN BOYD WITTHAN 5455 TEAL CIR SHOREWOOD HN 55331 38 21-117-23 24 0065 02740 SHADYWOOD RD ELAINE T PAGONIS ELAINE T PAGONIS 2740 SHADYWOOD RD EXCELSIOR HN 55331 3H REPORT NO. PI435401 PAGE 9 38 21-117-23 24 0004 02725 SHADYWOOD RD N D S R A HEEK HICHAEL D 8 ROBERTA A HEEK 2725 SHADYWOOD RD EXCELSIOR HN 55331 38 21-117-23 24 0005 02735 SHADYWOOD RD B G CARLSON LT AL TRUSTEES TERRYL A 6ULLIF0RD 6601 WEST SHORE DR EDINA HN 55435 38 21-117-23 24 0029 00038 ADDRESS UNASSIGNED PAUL C CARLSON ETAL PAUL C CARLSON 2735 SHADYWOOD RD EXCELSIOR HN 55331 38 21-117-23 24 0031 02700 SHADYWOOD RD WILLIAH H NICHOLLS WILLIAH H NICHOLLS 2700 SHADYWOOD RD EXCELSIOR HN 55331 38 21-117-23 24 0060 02765 SHADYWOOD RD L A 8 0 J BUTLER JR DAVID J BUTLER JR 4034 ROBERTS POINT RD SARASOTA FL 34242 38 21-117-23 24 0061 00038 ADDRESS UNASSIGNED JOHN P THIHHESH THOHAS P HUBER 2615 SHADYHOOD RD EXCELSIOR HN 55331 1 38 21-117-23 24 0063 00038 ADDRESS UNASSIGNED D HIEGEL 8 J HIEGEL DONALD R 8 JUDITH D HIEGEL 683 SULLIVAN DR COLUHBIA HEIGHTS HN 55421 38 21-117-23 24 0064 02730 SHADYHOOD RD JOHN L FIEBELKORN JOHN L FIEBELKORN 2730 SHADYHOOD RD EXCELSIOR HN 55331 38 21-117-23 31 00C3 02745 SHADYWOOD RD JAHES E ZIHHERHAN JAHES E ZIHHERHAN 2745 SHADYWOOD RO EXCELSIOR HN 55331 TOTAL BATCH 503 00014 •. *. *• 7 J a PERMIT RECORD % • Permit No.Date Type of Permit /y<^P5€- 73t ______/t-PiSt /\/^^ Lo> /? fc"s . —^ZJ: V -6?>4 Otu^ufi g'g^o ■ ________/^^<ST‘6<t _____________ ________-t- 19 Lu. ....____S'-V-‘/7 - ^----------------------------- ^_>iw To Whom It May Concern, We have no objections to the proposed dog run at 2735 Shadywood Road. If you have any questions please call us at 471-9471. Thank you,Cniciu rxuc__ Jv.'NClL f/rll 1.0 Application Date: Completion Date: 60 Day Deadline: 9/23/98 9/23/98 mum OCT 2 G 1998 cmrcFORONO REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2423 Gara Gehring and Tom Terr>' 340 Leaf Street Variance Zoning District: RR-IB Lot Area:27,388 One Family Rural Residential District (2 Acre) square feet (.62 acre) Application: The applicants have proposed to construct a 70.8 s.f. roofed entrance to serve the existing residence. It would be located 22' from the property line, within the front yard setback of Leaf Street. The required setback in the zoning district is 50'. The new construction will include replacing an existing stairway and porch that currently serves the residence. The new proposed construction would not encroach further into the front yard setback than the existing residence. This application requires the following variance: 1. Front yard setback. The covered porch, as proposed, would be located 22' from the platted right-of-way for Leaf Street. The required setback in the RR-IB zoning district is 50'. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the variances as presented. COUNCIL .\CTION REQUESTED To approve or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2423 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; October 21, 1998 TO:Gara Gearing/Tom Terry 340 Leaf Street Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 10/19/98 VOTE:5 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 October 26, 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\tVTWIN60'.WPDOCS C/\ROLE PCAC riON" 2423 ■i A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE NO. #2423 WHEREAS, Gara Gehring and Tom Tern- (hereinafter "the applicants") are the owners of the property located at 340 Leaf Street within the City of Orono (hereinafter "the City") and legally described as follows: Lot 28, "Auditor ’s Subdivision Number 230. Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Grono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 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 10.28, Subdivision 5 (B) to permit a covered porch located 22' from the front lot line where 50' is required. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2423. The pronerty is located in the RR-IB Zoning District, where 2 acres or 87,120 sq. ft. is the minimum lot area. The property consists of .62 acre or 27,388 sq. ft. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 4 A. The residence was constructed on the lot prior to current zoning standards. B. The residence is located 21.5' from the front lot line. Tlie proposed porch would be 22' from the front lot line. C. The covered porch would replace an existing porch. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preser\'e a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staft, 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 10.28, Subdivision 5 (B) to permit a covered porch located 22' from the front lot line where 50' is required. Approval was subject to the following conditions: 1. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999), Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor 1 Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 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’. Notarv' Public I Page 3 of 4 •I 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 TO: FROM: Chair Smith and Orono Planning Commission Members Ron Moorse, City AdministratorPaul Weinberger, Assistant Zoning Administrator DATE: October 5,1998 SUBJECT: #2423 Gara Gehring and Tom Terry 340 Leaf Street Variance—Public Hearing One Family Rural Residential District (2 Acre) square feet^^62^acre)^ Zoning District: Lot Area: the existing residence. It would o ■ ji-oiQt is 50'. The new construction will include of Leaf Street. The required setback m*e “^8^ residence. The new proposed rSo“ ... UO. yard setback than the existing residence. This application requires the ibllowing variance; Pertinent Ordinances: Section 10.28, Subd. 5(B); Setback Regulations It2423 Gara Gehring and Tom Terry 340 Leaf Street Variance 10/19/98 Page I ANALYSIS Lot Area and Yards RR-IB (1 acre) Lot Area Lot Width Side Yard Street Yard Required 87,120 s.f.200'30'50' Existing 27,388 s.f. 151.9 ’34'22' The property does not meet lot area and width requirements for the RR-IB zoning district. However, the lot was platted prior to the current zoning regulations. The new addition would encroach 28' into the front yard setback. The existing residence is located into the front yard setback at the same distance that is being proposed for the new covered porch addition. Hardcover The subject property is not located in the shoreland overlay district. Structural Coverage Total Lot Size Total Structural Coverage Percentage 27,388 s.f Existing; 2,012.5 s.f Proposed: 2,083.3 s.f 7.3% 7.6% The lot would not exceed the allowed lot coverage of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP • 1 4 The applica.it's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. Cara Gebring and Tom Jerry 340 Leaf Street lariance 10/19 93 Page! Criteria for Determining Undue Hardship 1. 2. 4. 5. 6. The property in question cannot be put to a reasonable use if used under conditions allowed by the ofTicial controls. The residence located on the lot was constructed prior to the current zoning regulations resulting in the house being located into the front yard setback. The applicants have stated the existing stairs and porch are in need of replacement. Tlie lot topography requires steps to access the front door. The porch and roof structure would be minitnal in size and would not encroach closer to the front lot line than the house which it would serve. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property was platted and developed prior to the zoning standards. The house is located the same distance from the front lot line us the proposed addition. The house is located atop a steep hill requiring steps and a porch to access the front door. Adding a roof to the steps has become necessary due to the weather conditions. 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. 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. i^242} Cara Cehnng and Tom Terry 240 Leaf Street Tariance ! 0/19/93 Page} The residence is located on a site that contains steep topography. The applicant has stated the steps and a small porch are necessary for safe access to the front door of the house. 7.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The addition of a roofed porch would allow for a safer access to the house. 8.The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code, The granting of variances would not be a public hazard or contrary to the intent of the Zoning Code. 9.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The applicants have demonstrated a unique hardship applies to this propert)'. The location of the house is within the required front yard setback on the property, and the steep hill leading towards the front of the house requires steps and a porch landing for safer access to the property. Surrounding Properties The properties surrounding the applicant's lot are low density residential. All property to the north, south, and east are zoned RR-IB, two acre rural residential. The lots located to the west are zoned LR-1 A, two acre lakeshore residential. Issues 1.The residence was constructed on the lot prior to current zoning regulations resulting in the residence being located within the required front yard setback. 2. The locality is developed low density residential. STAFF RECOMMENDATION Staff recommends approval of the variance from front yard setback requirements to allow a roofed addition to be constructed 22' from the front yard setback based on the applicant’s Statement of Hardship. ^242} Gara Gehring and Tom Terry 340 Lea/Street I’ariance 1 0/1 ms Page 4 -J Attachments A B C D E F G H I AppIication/Stateme»‘* of Hardship Plat Map Location Map Survey/Site Plan Site Topography Elevation View Construction Dimensions Property Owners List Permit Record 1^2423 Oat a Cehring and Tom Terry 340 Leaf Street Tariance !0/I9m Pages i Application #^ ‘Z 2.3.. Date Received ^hi.! ? % * Amount Paid. Z S~ d ft . 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) Variar.ce for non-conforming structures ’ $250.00 After-the-Fact Fees (Double application fee) #2 titrrjAxa n PROPERTY INFORMATION Site Address Property Identification Number (PJ.D.^ rSH— I 1*1 — Attach legal description to application if not included on required survey. Date Pro I (do) cquired _(month/year) also own the adjabent parcels of lano. Present'usT^property: \/^residential ___pother (specify). ZotJne District: ^ 9 \ ^___________-____________ APPLICANT Phone fhome") Phone fworicl ^ __Zip: SS3S-U(/~A V-^ OWNER (if different than applicant) Name ________________. Phone Oiome). Phone (w6rk)_ Address:City:.Zip- DESCRIPnON OF REQUEST^^^,^.>.0 t V'^L 1-^0 W'^. ' Estii4ted ConsM Describe request in detail: ^ S.!*! SrrtvxV AiOcV- rOfulv>A-gk 0\Ca, T '^attach additi< ^^ — attach additional sheets if necessary) tCi VARIANCES REQUIRED Lot Area ___Lot Width Hardcover Lot Coverage Setback: ^ Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conoinons prcvcnuus compliance with Zoning Code requirements: \<Ko . *T'y\^-V\W (V^^cA o^r>*^ u'V?cY> O -----^------ ' (attach additional sheets if necessary) AkflC i ■ ! ! EWA U • • • S sum ST ORONO MI6H SCHAsri^u on WTAA CH ^ wATurrown •• soMtRsrr cantM- Hv It MAf 0 THOWWH s h h5 * Iw ■An ■ATS J-\'- ^‘CrZ ^^'TtXoAHL M iU^Maxwlm —^V.v • *Xr P« rlr^ —■ Jjf ^ ■ SliKai ^ •» *• •^’1 I \..*' • *- V >• *» : / . L 66aOO F 1 ficuss mm DATE 09/0^/98 HENNEPIN COUNTV PROPERTY INFORHATION SYSTEM PROPERTY OWNERS LIST BATCH 505 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 58 09-117-23 23 0009 00370 LEAF ST KENNAN K XROLL KENNAN K KROLL 370 LEAF ST LONG LAKE m 55358 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 09-117-23 23 0021 03180 RIDGEWOOD CIR LOREN GROSS TRUSTEE LOREN GROSS 8809 LYNDALE AVE S BLOOMINGTON HN 55920 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 09-117-23 23 0027 00038 ADDRESS UNASSIGNED M W I S J LAUE HERMAN W I SHIRLEY J LAUE 8080 WOODLAND TRAIL ROCKFORD HN 55373 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 05-117-23 19 0007 03200 BAYSIOE RD R ft T MINKEMA ROBERT L ft TERESA M MINKEMA 3200 BAYSIDE RD LONG LAKE HN 55358 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR TOTAL BATCH 505 00012 38 09-117-23 23 0008 00390 LEAF ST L M BEHRMAN ft JANE E BEHRMAN LEIGH M ft JANE E BEHRMAN 390 LEAF ST LONG LAKE MN 55358 38 09-117-23 23 0023 03100 RIDGEWOOD CIR T E ft H H CASHIN TIMOTHY E ft HOLLY H CASHIN 3100 RIDGEWOOD CIR LONG LAKE HN 55358 3p 09-117-23 29 0005 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNRI tLUCE LINE TRAIL) 38 05-117-23 19 0050 00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN !DNR) CLUCE LINE TRAIL) REPORT NO. PI935901 PAGE 19 38 09-117-23 23 0009 00380 LEAF ST H C FURCHNER JR ETAL HENRY FURCHNER 380 I.EAF ST LONG LAKE MN 5S358 % * h/* 38 09-117-23 23 0029 03180 RIDGEWOOD CIR FRANK J ft PATRICIA K ROUTSON FRANK ROUTSON 1820 JOHNSON DR STILLWATER MN 55082 f 38 0S-H7-23 18 9003 0038S LEAF ST TONY EIDEN COHPANY TONY EIDEN CONPANY 8100 BERKSHIRE LA N PLYNOUTH NN SS888 38 05-117-23 18 00S8 0037S LEAF ST D H CROWTHER 8 S J CROWTHER D H CROWTHER 8 S J CROWTHER S75 LEAF ST LONG LAKE HN 553S8 ♦ Permit No. Lol bU<jn 6le¥/i 93C,3 A3Q>M /03 V O loQj/ PERMIT RECORD Date (1/9 -n 4 f 7-/g-8<f 3}-//- <7 O’ O’-s. ‘fr Type of Permit iZXtyk ^ dJU L<y COUNCIL MEETING L Date of Application: 9/22/98 Date Complete: 10/22/98 60 day limit: 12/22/98 OCT 2 6 1998 ClTYOrCRONO REQUEST FOR COUNCIL ACTION DATE: October 21, 1998 ITEM NO.: 10 Department Approval: Administrator Revievred: Name Liz Van Zomeren Title City Planner Agenda Section: Zoning Item Description:#2427 Kenton and Diane Carlson 3498 North Shore Drive After-the-fact Variances Zoning District:LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area:7,940 sq. ft. (.18 acres) Application:The applicants are requesting approval of after-the-fact varianres for a roof to cover a deck on the front side of their residence. The residence was heavily damaged by storms in the spring of 1998. The applicants were allowed to rebuild their home at the same size, height and location as what previously existed. During rebuilding, a roof was added over a deck. The roof is considered hardcover and adds to the amount of structural lot coverage. The roof also encroaches into a required side yard setback. The applicants are the property owners of the adjacent property. The variances requested are: 1.A side yard variance to allow the roof to be located 3.2' from the east property line where 10 ’ is required. 2.A structural lot coverage variance to allow an additional 6' X 26.5' (159 sq. ft.) to remain as roof where 26.25% (2,084.34 sq. ft.) is existing and 24.24% (1,925.32 sq. ft.) was allowed in a 1979 building plan and where 15% (1,191 sq. ft.) is allowed. —...... Dale of Application: 9/22/98 Date Complete: 10/22/98 60 day limit: 12/22/98 3.A hardcover variance to allow the 4' x 26.5* deck allowed in 1979 to be 6' X 26.5' in size with a roof. The amount of hardcover that is added is 53 sq. ft. A variance is required in the 75'-250' setback to increase from 36.16%(2,515.34 sq. ft. in 1979) to 37.43% (2,568.34 sq. ft.) where 25%(1,715 sq. ft.) is allowed. PLANNING COMMISSION RECOMMENDATION: To approve on a 5-0 vote, subject to the following conditions: 1.The 3/4” stone that was shown on the plan as submitted by applicant is considered hardcover because it can be used for parking and is currently used for boat storage. Much of the stone has been displaced due to construction. The area where stone previously existed shall be removed and planted with grass seed or sod and landscaping before June 1, 1999. 2.The boat stored on the property is located in required yards. It shall be removed no later than sixty days from the date of the City Council meeting which is December 26, 1998. COUNCIL ACTION REQUESTED: To approve the enclosed resolution. Attachments iI ' —— ----— A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10.25, SUBDIVISION 6 (B); SECTION 10.22, SUBDIVISIONS 1 AND 2; AND SECTION 10.56, SUBDIVISION 16 (C) (1&2) FILE #2427 WHEREAS, Kenton H. Carlson and Diane L. Carlson (hereinafter "the applicants") are owners of the property located at 3498 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 3, Baldur Park, 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 October 19, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C); Section 10.25, Subdivision 6 (B); Section 10.22, Subdivisions 1 and 2; and Section 10.56, Subdivision 16 (C) (1&2) to permit after-the- fact variances for side yard setback, structural coverage and hardcover in the 75-250' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS This application was reviewed as Zoning File #2427. Page 1 of 5 i 2. 3. 5. The property is located in the LR-IC, One Family Lakeshore Residential Zoning District where 1/2 acre is the minimum lot area. The property consists of .18 acres or 7,940 sq. ft., as calculated by staff. The Planning Commission reviewed this application on October 19, 1998 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The zoning lot does not meet lot area, lot width or side, side yard adjacent to street setbacks. B. The residence was damaged by a storm in the spring of 1998. C. The requested variances are after-the-fact. D. The applicants own the adjacent property. E.The stone on the property may be used for parking and storage and is therefore considered hardcover. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C), Section 10.25, Subdivision 6 (B); Section 10.22, SubdivI'Ions 1 and 2; and Section 10.56, Subdivision 16 (C) (1&2) to permit a side yard variance to allow the roof to be located 3 2' from the east property line where 10’ is required, a structural lot coverage variance to allow an additional 159 sq. ft. (6'x26.5') for a total of 26.25% where 24.24% existed according to a 1979 plan and where 15% is allowed; and a hardcover variance to allow an additional 53 sq. ft. of hardcover in the 75- 250' setback where 36.16% existed and 37.43% currently exists and 25% is allowed. Approval was subject to the following conditions: 1. 2. 5. The stored boat on the property shall be removed from the property within 60 days (December 26, 1998). The area that was previously shown in Exhibit A as being covered in stone shall be seeded or sodded with grass and landscaping by June 1, 1999. 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 (October 26, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 26th day of October, 1998. ATTEST: 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 26th day of October 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) 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 thTforegoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC 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 PUBUC Page 5 of 5 TAYLOR LAND SURVEYORS INC. 230 W. BROADWAY. P.O. BOX 179. MONTICELLO. MINNESOTA SS362 PHONE (612) 296-3368 PLAT DRAWING Re0U£ST£D py Warranty Title, Inc. f FILE NO. 5220 ____________INSPECTION OATP- November 12. 1986 MAMF CARLSON,- Kenton and Plane iiDOppgfi 3498 North Shore Drive. Wavzata. UlnneBota LEGAL DESCRIPTION t Lot 4, Block 3* BALDUR F I Hennepin County. Minnesota Bow SlOfEb AJ -mii ACCftTo Be fjSVAcwCD Y r FZT.i. ii ^ =. V ' I AlloMCi BuiuotMC^ Pht lb Bt OR. soDOct> BeR)te i<\^^ SCALED I INCH *FEET *ni)t location of the improvcmentt shown on this drawing are approximate aryf are based on e visual inspection of the premises. The lot dimensions are taken from the recorded plat or county records. This drawirtg is for ihformatiorsal purposes and should not be used as a survey. It does not constitute a liability of the company and it intended for ” " " mn flAnni-io^Qmortgage purposes ooly." BOOK P*"51t PAGE. 7 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:September 13, 1998 SUBJECT: #2427 Kenton H. and Diane L. Carlson 3498 N. Shore Drive After-the-Fact Variances-Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (1/2 acre) Lot Area:7,940 sq. ft. (. 18 acres) [Staff calculated lot area based on a 49' x 140' area north of North Shore Drive, and a 24' x 45' area next to the lake] If these numbers are in dispute, then the applicant should provide an updated survey. Application:The applicants property was damaged by early summer storms. They were allowed to build back their home in the same location, height, and bulk as the previous structure. A roof was added to the south side of the house that was not part of the original structure. In order for the roof to remain the following after-the-fact variances are required: 1.A side yard variance to allow the roof to be located 3.2' from the east property line where 10' is required. 2.A structural lot coverage variance to allow an additional 6' X 26.5' (159 sq. ft.) to be added as structural coverage. The approved structi^ coverage in 1979 was 24.24%, currently with the roof there is 26.25% structural lot coverage. 3.A hardcover variance to change an approved 4' x 26.5' deck as shown in a 1979 plan to a 6' x 26.5' covered roof. The amount of hardcover added is 53 sq. ft. Hardcover in the 75'-250' setback would increase from 36.16% to 37.43% where 25% is allowed. H2427 Kenton Carlson 3498 North Shore Drive PC-lO/19/98 page-t Pertinent Ordinances: • Section 10.25,6 (B), LR-IC Standards • Section 10.56,16, (C) 1 and 2, Hardcover Regulations • Section 10.22, Subd. 1 and 2., Hardcover Regulations • Section 10.03, Subd. 1 ', C, Structural Lot Coverage ANALYSIS Lot Area and Yards LR-IC District Standards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street Ml acre 100'30’10'15’ Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Side Yard Adjacent to Street 1,080 at lakeside 49' average 55 ’to 3.2'8 ’ 6,860 roof 7,940 sq. ft. total • (. 18 acres) The zoning lot does not meet the lot area, lot width, side yard or side yard adjacent to street setbacks. The roof encroaches into the required side yard and requires an after-the-fact variance. The applicants own the property next door to the side yard encroachment. U2427 Kenton Carlson 3498 North Shore Drive PC~I0/I9/98 page—2 Structural Coverag e Total Lot Size 6,860 + 1,060=7,940 sq. ft. Approved Structural Coverage (1979) 1,925.32 sq. ft. (24.24%) Allowed Structural Coverage 1,191 sq. ft. (15%) Existing Structural Coverage 2,084.34 sq. ft. (26.25%) In 1979, the approved plan on file indicates that structural coverage was 24.24%. The approved deck on the south side of the residence was at grade and does not count towards structural coverage. The deck was at some point increased from 4' to 6' and currently has a roof over it. Roofed roofs count towards structural coverage, so the size of the covered roof which was not included in the 1979 plan is a 6' X 26.5' area that totals 159 sq. ft. of additional structural coverage. Hardcover Note: The applicants started out rebuilding what was damaged by the storms, a new survey was not required to rebuild their home. The survey used for these calculations was a 1986 survey. Staff recalculated what was submitted by the applicant. The calculations are not certified by a surveyor. Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’1,080 sq. ft.60 sq. ft.NONE 60 sq. ft. for a lockbox .05% 75’-250’6,860 sq. ft.2,515.34 sq. ft. ♦ 1,715 sq. ft. (25%) 2,568.34 sq. ft. (37.43 %) 853.34 sq. ft. (12.43%) The roof that was added requires a hardcover variance for an additional 53 sq. ft. of hardcover which staff calculated as the 2' extension of the 4’ deck by the length of the deck which was shown as uncovered in the 1979 plan. This adds a total of 53 sq. ft. of hardcover. After-the-fact variances for hardcover are required to keep the covered roof. If the variance was denied, the roof and 2' of the deck under it would need to be removed. ♦There is another issue with hardcover on this property that is not addressed in the worksheets. The applicant’s drawing of the property shows 3/4" stone along Baldur Park Road and in the yard fi2-f27 Kenton Carlson 3-t98 North Shore Drive PC-1 0/19/98 page-3 between the house and north property line. A boat is stored on the stone. When gravel or stone is not over plastic and is used for landscaping purposes only, it does not count towards hardcover. Staff has determined that the stone on this property allows for parking and storage and should, therefore, be counted towards hardcover. If the stone is to remain, it should be measured by a certified surveyor and included in the hardcover calculations. Staff would prefer, however, that this area be planted in natural vegetation to reduce the amount of hardcover on the zoning lot. The applicant will need to address this issue. STATEMENT OF HARDSHIP The applicants have indicated to City staff they want a roof to provide an egress from the second floor bedroom in case of emergency. Issues 1 . The application is for after-the-fact variances for side yard setback, hardcover, and structural coverage. If the application is not approved, the roof and 2' of the deck will need to be removed to reflect the same amount of structure and hardcover that was built in 1979. 2. The zoning lot does not meet lot area and lot width requirements. 3. The residence that is being rebuilt was non-conforming as to side yard adjacent to street, side yard and rear yard setbacks. 4. The applicant needs to be advised regarding whether or not the stone can be replaced in the yard. STAFF RECOMMENDATION To approve the after-the-fact variances for stmctural lot coverage, side yard setback, and hardcover, provided that the applicant replace the stone in the yard with natural vegetation with a condition that no further variances for hardcover and structural coverage be granted. Attachments A B C D Application Plat map Applicant's drawing on survey Applicant's hardcover H 1 J K Letter re: rebuild/repair 1998 west elevation 1979 plans Permit record U2427 Kenton Carlson 3498 N.Shore Drive PC-IO/19/98 page-4 K Application # Date Received""^ 'I't - Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00.. (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) ADP(26S5: S. PK)Kyi(x4H 1^<I- PROPERTY INFORMATION , SiteAddress ^ iVlhJ SS3JJ_______ Property Identification Number (PJ.D.) - / ^ ^ ^ ^ ool ___________________ Attach legal description to application if not included on required survey. Date Property Acquired ^ ^ ^ _______________________(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential ___other (specify)_____________________ Zoning District: Ll2 1-0 ----------------------------------------------------------------- APPLICANT Phone fliome l V7/ \ NamePhone(woricl 6/:^ H*7t Address: City: ______Zip: OWNER (if different than applicant) Name _________________ Phone (homeX Phone (work)_ Address:City:.Zip:, DESCRIPTION OF REQUEST Estimated Construction Cost $A5CZ^ ________ Describe request in detail: age gy^Lsr/A/f^ - Afo itu<xsns£ Jkt 'ih^^ dbuCT_____________ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area ___Lot Width X Hardcover Lot Coverage Setback:Front XSide Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COT^HTIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:^^ ^^/fe~SS A/g /A/O^A^Sg/Ay (attach additional sheets if necessary) r REQUIRED SUBMITTALS % * All of the following information must be submitted bv the applicarion deadline date in order for vour application to be considered complete! 1. 2 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of / Finance, A-603, Govt Center,J4842Zl). ^4 S'- S 2 i V iX Certificate of Survey (signed by a licensed surveyor) arid 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 814" x 11" for reproduction. 1/^ Sketches or plans of floor & elevation views provide one (1) copy 814" x 11"). List of the legal names (include marital status) of all persons 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 vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ^ Date 9/i/ y • OWNER ’S-SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner ’s Signatur e Date > 2.V 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 Tcti^S: J0 y -*V t''--rt* i:t?VTir«7iTPS7m '. i .f . * • •• »►* • *.‘- \ 0y ^pucm Jt- Xiocac?^*^^ ^s)or TO 5cn^ l^S ^lCR>64ei>e^ Orj»fi\^ B i«el< ^=3 c* Fl£K^■.?* |2g\)\^vJ » O’ x ‘5'^ D • / <%; y Leci^tct^'Tp hg'ikj^Ttriiep 6os<^ ^fio^ SCALE * / iNCH FEETW’? ... ^5//T/?^ the impfoveVhents shown on this drawing arc approximate and arc based on a visual inspection of I lot dimensions are taken from the recorded plat or county records. This drawing is for informational LAt Ai!i«#f#tI#*_A_lia KS Il«%j_A#tKA_^Mnfw4_Stt_ac%tATI# HARDCOVER CALCULATION WORKSHEET SETBACK ZONE; (CIRCLE ONE) 75-250' 250-500' <h ttiBvirnsO EXISTING HARPrnVER IN ZONE •: ->• A. House • X Length Width X X X B. Garage C. Driveway X X D. Sidewalk X •X £. Patio/Deck X X F. Landscape Underlain By Plastic X X X }. Oil Look. G. Other SOX ► . TOTAL HARDCOVER IN ZONE TOTAL PROPER FY AREA IN ZONE + B X 100 PROPOSED HARnrnVKR IN ZONE A. Hou^ ~ X f Length Width cu \A>0^ V-o 10. d' X X X a.a B. Garage /f^CLL^t2> x C. Driveway Tlo X X D. Sidewalk X X E. Patio/Deck t NCi.Ut>^T> LurtH‘ ■^u<i€ X X F. Landscape "Sleet- Updfriaia By Plaitift ____ X X X G. Other • A TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X 100 « f^ppucA^Orr 500-1000’ ^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. £>0*0 S.F. S.F. S.F. % tko'^7.'x S.F. S.F. T?7oS~ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. LDZ>S.F. S.F. S.F. S.F. 3 S.F. S.F. % A B A B • • CITYof ORONO Munlcipsl Onices Street Address: 2750 Kelley Partway Orono, MN 55356 Maning Address: P.O. Box 66 Crystal Bay. MN 55323-0066 X limiting the percentage of lot area that can be co«r^ vnm rape^ ^ ^ :Xris%" Oleanaea b, ftlterlng through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: . . 0-75 0“/“ 75-250' • 25% 250-500’ 30% 500-1000' 35% Hardcover includes: - Roofs - Sidewalks - Paved or gravel driveways - Patios & decks (includes slatted decks) ; ''•* ■*-» V 'S- Any other surface that does not allow direct absorption of rainfall m the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1 . Circle which setback zone (0-75'. 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.)* 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and mnltip-y by 100 to get percentage of hardee ver in the zone. . before proceeding with your project p^g_^ Telephone (612) 473-7^ • FAX473-v'510 ■K>-v:, --IIf i: ' ‘s. <» % - ' I 't TAYLOR LAND SURVEYORS INC 230 W. OROAOWAV. P,0, BOX 170. MONTICELLO, PHONE iei2> ao3-33aa PLAT DRAWING REQUESTED flv Warranty Title, Inc.------------- RLE 5220 ____________ INSPECTION DATE November 12, 1J286 x: DESCRIPTION: Lot 4, Block 3. BALDUR P^, Hensiepin County, MinneBota y> A • • \ ( ,9 S> / ti. 5 / SCALE ‘ I INCH —... '5V FEET •Tilt location of Iha improvtmenu ihown on this drawing art approximatt and art baitd on a v‘i:ual Inspection of the prtmiits, Tht lot dimtniioni art taken from the recorded plat or county records. This drawir^e 1% for ihlormational purposes and should not be used as a si^rvey. It does ncK constitute a liability of the company q\) TAYLOR LAND SURVEYORS INC. 230 W. &ROAOWAY. P.O. BOX 170. MONTICEULO. MINNESOTA 8S362 PHONE 10121295-3300 REQUeSTED BY ___ FILE NO. $220 PLAT DRAWING Warranty Title, Inc. INSPECTION rtATT November 12. 1986 MAMP CARLSON, Kenton and Diane iiQOPpgg 3498 Worth Shore Drive, Wavzata. Minnesota LEGAL DESCRIPTION: Lot 4, Block 3* BAItDUR P^RK» Hennepin County* Minnesota * ■House O 2<k-4<* I0804» CdO^ UClPBOrf PtOMfcCl> SCALE ‘ I INCH • FFPT *TTi9 location of tht improvements shown on this drawing arc approximate and art based on a visual inspection of J the premises. The lot dimensions are taken from the recorded plat or county records. This drawing is for informational purposes and should not be used as a suivay. It does not constitute a liability of the company and is intended for mortgage purposes ooiy." BOOtc r~51, PAGE. 7 WO. • • • •HARDCOy]E»-C^CULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-250’ 250-500’500-1000’ A. Hoiue X S.F. Leofih •X Width S.F. X B S.F. X S S.F. • B. Garage X • S.F. •C. Driveway • • •X • • S.F. X B S.F. D. Sidewalk X •S.F. •X B S.F. E. Patio/Deck X S.F. * 1 < 1*5 * X B S.F. • » • \ i •F. Landscape X • S.F. 1 Underlain X B S.F. •By Plastic X B S.F. !Or Fabric LocMi»A G. Ocher <b‘X 10' • S.F. TOTAL HARDCOVER IN ZONE bo'S.F. TOTAL PROPERTY AREA IN ZONE ./080'S.F. A -t- B lo«o X 100 B .06 % PROPOSED HARDCOVER IN ZONE A. House X S.F. L«asth X Width B S.F. X B S.F. X B S.F. B. Garage X B S.F. C. Driveway • X b;S.F. X B S.F. D. Sidewalk X • • g. -S.F. X B •S.F. E. Patio/Deck X • S.F. X B S.F. F. Landscape Underlain X S.F. X B S.F. By Plastic Or Fabric X B S.F. • G. Ocher 6'X Id B bo'S.F. TOTAL HARDCOVER IN ZONE bo'S.F. TOTAL PROPERTY AREA IN ZONE •1060'S.F. A bo'+ B /oeo xlCO =.0^% A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)0-75*C 75-25^250-500*500-1000’ AS APPROOtO Ihi A. House X a /noi 4-S.F. Leofth •X Widdi sss z.S.F. X ts IS.O^S.F. uoooJ X r=S.F. B. Garage •X S.F. C. Driveway ao'X H.2. • PS-1 S.F. X S3 S.F. D. Sidewalk X g.•S.F. •X 8 S.F. E. Patio/Dcck X g.S.F. DTCkl-U'X 3iU.<a IOC,S.F. biocf*- F. Landscape lo X • io gj.loo S.F. Underlain X a S.F. By Plastic X a S.F. Or Fabric G. Other ^ 5ra^t Csc- X e a6i«-3s S.F. c Oif plxctXiAk'b dveiut^ TOTAL HARDCOVER IN ZONE S.F. TOTAL PBOPF.RTY AREA IN ZONE •S.F. A j 561*^.54 .-1- B G dow O xlOO • PROPOSED HARDCOVER IN ZONE H07.4A. House X a S.F. Length X Width a m.z S.F. X IS.OJ S.F. X a 03.6,9 S.F. B. Garage C. Driveway X a S.F. Ao'X a'gg 3^*4 S.F. X a S.F. D. Sidewalk X • • gg • -S.F. Co\/ct2Cb U X a S.F. PoecH E. Patio/Deck X • S.F. X 8 S.F. EJock F. Landscape Underlain 10 ’X Io 'g.locs'S.F. X a S.F. By Plastic Or Fabric X a S.F. • 0. Other X a S.F.• sksne TOTAT . HAPnmVER IN ZONE 3y S.F. TOTAL PROPERTY AREA LN ZONE A _ 9Si?« .y . B .xlOO a 37. VJ S.F. ' % O' A B A B J,H, Dahlmeier Engineering Inc, August 12,1998 Kenton and Diane Carlson 3498 North Shore Drive Orono, MN 55391 RE:Storm Damage Residence 3498 North Shore Drive Orono, MN Commission No. 98095 Dear Mr. & Mrs. Carlson: The purpose of this letter is to report the findings of a site visit and construction review of your residence. OBSERVATIONS AND COMMENTS 1.At the request of your contractor, Tom Betz, and the City of Orono Building Inspections Department, a site visit was conducted to review foundation conditions on July 30, 1998. 2.At the time of the site visit, the south wing of the home (two-story portion) was completely demolished with the first-floor framing cap removed. The foundation walls were exposed and several test pits dug to footing depth. 3. The following observations were made with respect to the foundation: a. The foundation is concrete masonry. The top block is filled with concrete. The top two courses are misaligned, chipped and broken. b. At the test pits, the bottom of the footing is at least 42" below grade. The footing was poured without the benefit of forms and about 14" wide at bearing. Soil for footing bearing is sand. 4.A load tabulation indicates that the soil pressure at the footing level would be approximately 2,000 psf. 2434 Commerce Boulevard Mound, MN 55364 (612) 4724746 FAX (612) 4724761 1 Kenton & Diane Carlson August 12,1998 Page 2 of2 5. 6. 7. Although the footing foundation system is not ideal, the settlement is-ue outweieh.; th^. It is my understanding that the contractor will accomplish the following: a. Remove the top two courses of the existing foundation, 1?:'?":^ ^ -•» “>0 extending above ~ - —vvuAi til infirif*T" nisirvMr iA«tAi a • §§ m continuous the foundation. Place concrete wall cap to proper height, level, and true with two #4 With anchor bolts set at proper spacing. PROFESSIONAL OPINimsi *■ vish «>« based on the above information and site ai4«e sISng cta'r"''"' If you have any questions, please contact me. Sincerely, J. U. D EIER ENGINEERING, INC. . Dahlmeier, P.E. JHD:lm Cc: City of Orono Tom Betz/Betz Builders wasI hereby certify that this plan, specification or report ___ prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. Minrfcsota Registration No. 9212 T *=x:r ' ! L-C. " \ ' I E J i . -Ji^-—1 e-LEV ■n^ /■ V ^4? ARB^- TH6- R^ir Vf^iPwcc topA.— Aofocj sounj s I f>e #0,d07ff- ^5.^; ^ hzJ 8 ■V-' I: t—1 ...........I ' n ■n~r' / I I\{ Clti/WfLCM€ 'it—*‘“— ________________________ 1^1 Sr^T Sfn|-nl ! ITT ^^(r=??s=V% v'^ 1 1 %; >• f \ •. . *. * itNtibe Pomt •. 2 * ' I (W # 4^r /Soot W e lev./a* =»’-o*.•^’V .1./ • • T-y {.:i"i .* • AsjiMdLr 7o mrctf - H 1X3 TR»^^V \V: casp nj-j.ii/ m\\ 1 1 • / ---------•* •I ; t •: A : ii . ! t H : !. i. *' ' / i/ h' ti •» .1 I ^..... C£d^W PLSVJ^ cm/vi/6L GROO\JL <7AdE LoOv/^^CiCv^»^r^ i f -••• •% \‘» f ri-* » « rr—*uJ I S*«*4W <%•!• faJ •• • ««!• A IamsIImmm »Aal W «• M o>»dj.4« »*«A f«W« K» II ti U#ik»U|«Mi«. •Mu fVQ«H«rt. aKat t* lapf«rd S<«m('«»iallf a<»tf Mai !• iWt • alii. ^ In a«rai !• •^tof «ta W«I4 ••4a«taf«M«l 9i tSS l425»ji^^F^jw^l J#h^a£|*l*rd fa»l>i #a >fcat W >*4 ■sn--^ •v****€i •••iTa«»p«»»^ TiliinMiaf maacftai Mt»aa« iM f*»ci ta lcAd»A| ftom lAt ca«r «p iM tool — ■ ptaM K tmka m»t4e caifrio • aJI Uaa mi tika t»>l4i a §. Ll(iriN>^ l«i ••wP aa lAalt *«all ••« aaAMarwM MtMtaa a«i<i iM CHAMVf L riMoVf © A.C.E'A sT FLE\//\tr<:JM ‘ 5^'> £ 1 D ' ■^a^wirie pofiCff tf*' - '*r ;v' iV V'^'V V*" /a/* - I • •% \ A , ' A.-.Si, ■. 7 ■ ■. •<' 5 PERMIT RECORD Permit Mo. 3f ’75' Date 9-S--yg _^-/7- 7<7 7- ?/ /<, Type of Permit i COUNCIL MEETINQ REQUEST FOR COUNCIL ACTION OCT 2 6 J998 date : ITEM NO.: Department Approval: Name Michael P. Gaffron / Administrator Reviewed: Title Senior Planning CoordiiYator Agenda Section: Zoning Item Description: #2421 James and Joanne Jundt, 1400 Bracketts Point Road - Renewal Variance - Resolution Zoning District: LR-1 A, Single Family Lake Shore Residential, 2 acre, sewered. Application: Request foi renewal of seioucK and hardcover variances granted in October 1996 and renewed in October 1997 for restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within 75’ of the lakesliore. List of Exhibits A - Resolution B - Notice of Planning Commission Action 10/20/98 C - Memo and Exhibits of 10/14/98 Summary Please review »he memo and exhibits of October 14, 1998. Applicant requests renewal of the variances granted in 1996 for restoration and repair of the retaining wall adjacent to the underground groito, restoration of the grotto itself, and repairs to two lakeshore stairway systems located in the 0-75' setback zone. Planning Commission Recommendation At their October 19 meeting. Planning Commission recommended approval per the findings and conditions of the prior approval resolution, on a vote of 4-0. Staff Recommendation Staff agrees with th^ Manning Commission recommendation, and recommends adoption of the attached resolution tor renewal of variancef. COUNCIL ACTION REQUESTED: .seconded by , toAdopt the attached resolution. Proposed motion: Moved by ______ adopt Resolution #_____, granting variances to James and Joanne Jundt of 1400 Bracketts Point Road for restoration of retaining walls, underground grotto and lakeshore stainvay system within 75' of the lakeshore. Vote:_____ayes,______nays. \ (Exhibit A attached); and W^;ii.REAS, the applicants have applied to the City for renewal of variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no hardcover or strur.-jre is normally allowed. Minnesota; NOW, THEREFORE, BE IT RESOI VED by the City Council of Orono, FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2421. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. The Orono Planning Commission originally reviewed this variance request on September 16, 1996 and recommended approval of the proposed variances to restore the lakeshore stairway system, retaining wall and underground grotto, based upon the following findings; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, 10.55, SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L) FILE NO. 2421 WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally desc.ibed as follows; Page 1 of 6 4. 5. 6. 7. 8. A.The property is unique for a number of reas jus, including its age, its history and the fact that applicants have been dilii.sntly restoring the property to its former splendor. B.The proposed work involves restoration of amenities or structures which already exist, and docs not propose any new buildings or amenities. C.The 650' length of the eastern shoreline justifies tii*; existence of as many as four lakeshore stairways to provide access to the iake from the higher portions of the property which are as much as 25' above lake level, and the steep slopes east of the house suggest the need for stairway access. The City Council on October 28, 1996 adopted Resolution No. 3786 granting approval of the requested variances. Pursuant to request by the applicant and upon recommendation oy the Planning Commission, or October 27, 1997 the City Council adopted Resolution No. 3986 renewing approval of the requested variances. On October 19, 1998 the Orono Planning Commission reviewed the current request for variance renewal and on a vote of 4-0 recommended approval, finding that the findings and conditions of the prior approvals as noted in Resolutions No. 3786 and No. 3986 are still valid and appropriate. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds thai; conditions existing on this property are peculiar U 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; w-ould not merely seiA'e as a convenience to the applicants, but is necessary to alleviate a Page 2 of 6 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore stairway system, retaining wall and underground grotto, subject to the following conditions: 1.The restoration work shall not exceed that contemplated or proposed in the submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed the pre-existing level of 0.7% as indicated on the site restoration plan attached as E.xhibit B. Applicant is advised that any future proposal to add hardcover in the 0-75' lakeshore setback zone might be approved only in conjunction with the concurrent removal of existing hardcover, resulting in no net ir 'ase in hardcover in the 0-75' zone. 2. 3. 4. Structural restoration of the existing boathouse is specifically not a part of this approval, and structural repairs to that building shall be reviewed by the Inspections Department and if determined to require variances, shall be brought forth to the Planning Commission and City Council as a separate application. Authorities granted by this variance run with the property not with the applicants, but arc 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 26, 1999). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 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 4 of 6 ! CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2421 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE; October 20,1998 TO: James & JoAnn Jundt 1400 Bracketts Point Road Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variance DATE OF MEETING:10/19/98 VOTE; 4 FOR 0 AGAINST Planning Commission recommends the following: Approve renewal of variances per the conditions of prior approval resolutions #3786 and #3986. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as; City Council - Monday, October 26,1998; 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. If you have any questions, please call Mike Gaffron at 473-7357. r / TO:Chair Smith and Orono Planning Commission Members /kpi\ Ron Moorse, City Administrator y' ^ FROM:Michael P. GafTron, Senior Planning Coordinator DATE:October 14,1998 SUBJECT: #2421 James and Joann Jundt, 1400 Bracketts Point Road - Renewal Variance Public Hearing Zoning District: LR-1 A, Single Family Lakeshore Residential, 2 acre, sewered. Application: Request for second renewal of setback and hardcover variances originally granted in October 1996 for restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within 75' of the lakeshore. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Resolution #3986 (Same content as Resolution #3786) F - Memo and Selected Exhibits from Puor Approvals Summary of Request Please review the exhibits from the 1996 approval. The applicant was apparently unable to complete this project in 1997 partially due to sewer installation on Bracketts Point which made construction access difficult, nor in 1998 due to reasons unknoum to staff. The project involves restoration and repair of an existing retaining wall adjacent to an underground 'grotto', restoration of the grotto, and repairs to two lakeshore stairway systems located within the 0-75' lakeshore setback zone. Note that repairs to the boathouse were specifically not included in the prior approval, and are not a part of this renewal application. This review should be treated as a simple renewal of the approval granted in Resolution #3786 in October 1996 and again in Resolution #3986 in October 1997.. Staff Recommendation In staffs opinion the findings and conditions of Resolutions #3786 and #3986 are still pertinent and appropriate, and staff recommends approval per the prior approvals. 1 Zoning File #2421 October 14,1998 Page 2 Options Tor Action 1. Recommend approval per tlie findings and conditions of Resolutions #3786 & #3986. 2. Recommend approval with revised findings or conditions. 3. Table for further information. 4. 5. Recommend denial, stating reasons. Other. Q C, ’ /VI/ -^■■*~»**** A Application # cA . Date Received 9^ /*^ 9m Amount Paid /SC — CITY OF ORONO - VARIANCE APPLICATION (renewal Variance Fee $150.000 ri'^rtW. (no change from original application) /CeNtWAri, t nr'l'*' Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Property Tdentification Nuni^r (T^.D.) ///II7 3- "B. Or>^'> M Attach legal description\lo»gpplication if not inclined on required stnvey. Q/lAA-^r H )_________________ Attach legal descriptionJ0a#p Date Property Acquired _(month/year) I (do) (do not) also own the adjacent parcels of land. Present use of property: / residential ___pother (specify) Zoning District:,zL/e^A4l APPLICANT . Phone (home) Name f c Phone (work) PKAAit^)£/nO f-c {■^b.'^ City:-C>eoN>oA OWNER different than applicimt) . Name ^ tw^ ^^•T* AddressV~ >-/0C^ ('r , L. yCity Zip: Ar5~HMM Phone (home ) L 12, ^73 - ^ r^Y) ___r Phone ^ork)______________— s.y.^^Tgof- itv: ' A______Zip:_^r2J_Ll T ^ y V DESCRIPTION OF REQUEST Estimated Construction Cost S,yf:*'. /.* - / -A' S » Describe request in det^:/Pf t-Jc' '.O c<r: ^ :6U\. ^ •,./ (attach additional sheets if necessary)<* VARIANCES REQUIRED Lot Area ___Lot Viidth xn* •» IV'-JP*!.) .. • • • ✓ Setback:Front Side Hardcover Rear Lot Coverage.^:*— • r ;> ^ Average Lakeshor^^ Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY COOTITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 5^i4^ C-l /'“V ^ /^ Cr> (attach additional sheets if necessary) i REQUIRED SUBMITTALS All of the following liiforniation must be submitted by the application deadline date in order for vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map fi'om Hennepin County Department of Finance, A-603, Govt Center, 348*3271). Certificate of Survey (signed by a licensed surveyor) arid include hardcover calculations as required. In addition, provide one (1) copy 8'/S" x U" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 854" x H" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include narae(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tme and correct to the best of his/her knowledge. Applicant's Signature/^^^L^Y-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. Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Pluiining 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 HUII OAIE 00/26/95 IIEinitPIll COUIITY VnOPCRTY inroilMATIOII pnoPEniY oiiuciis list sYsinn DATCll 006 PnOP ADOR (»MER NAME TAXPAYER MAHE/AODR PROP ADOR 0I1IER IIAIIE TAXPAYER ItAIIE/AODR PROP ADOR atlER HAItE TAXPAYER IIAIIE/AODR PROP AODR OlflER tIAIIE TAXPAYER IIAHE/AOOR SO 11-117-25 52 0009 01600 ORACKETTS POJHT RO J R JUIIOT t MARY J JUMOT JAMES n JUMOT DOX 1 CRYSTAL DAY III 5D325 50 11-117-25 52 0017 01500 ORACKETTS POIMT RD '• CEORCE S PILLSOURY ET AL GEORGE S PILLSOURY 6000 FIRST OAIK PLACE MPLS Iti 55602 50 11-117-25 55 0001 01620 ORACKETTS POINT RO J R JUMOT A II J JUllOT JAMES R JUMOT OOX 1 CRYSTAL DAY III 55525 50 11-117-25 55 0006 01500 • ORACKETTS POIMT RO MARTHA S I A LACHLAN REEO ‘ MARTHA S A A LACIILAM REEO 1500 ORACKETTS POINT RO HAYZATA III 55591 • • 50 .11-117-25 52 0010 01265 ORACKETTS POINT RO MICHAEL E LYNN III A MITE MICHAEL A JORJA LYlll III 1265 ORACKETTS POINT HAYZATA III 55591 50 11-117-25 52 0010 • 01220 ORACKETTS POINT RD ELLA P CROSOT ELLA P CROSOY 1220 ORACKETTS POIur RD HAYZATA III 55591 50 11-117-25 55 0006 01650 ORACKETTS POINT RD MARTHA S A A LACHLAN REEO MARTHA S A A LACHLAN REEO 1500 ORACKETTS POINT RO HAYZATA III 55591 Total oatcii 006 00010 ItU'OIM NO. P1655‘«U1 PACE 12 50 11-117-25 52 0011 01620 ORACKETTS POINT RO J n JUNOT A II J JUMOT JAMES R JUNOT BOX 1 CRYSTAL OAY MT 55525 . V- 50 11-117-25 52 0019 01200 ORACKETTS POINT RO JOHN S PILLSOURY JR ET AL JOHN S PILLSOURY JR . | 6000 TIRST BANK PLACE ^*-.1 MPLS III 55602 T539^ 50. 11-117-25 55 0005 01600 ORACKETTS POINT RO R A L HEADRICK ROGER L A LYIII C HEADRICK lAOO ORACKETTS POINT RD HAYZATA III 55591 1 CERTITY THAT THE TACTS REPRESENTED ARE AM ACCURATE AMO TRUE REPRESENTATION OF IIITORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIM COUNTY OEPARNIENT OF PROPERTY TAXATION* TO THE OEST OF MY KNOHLEOGE AND BELIEF. DATE t : » • •r ^ 0 1. #•'.'/• ‘V ! •/' ' n /■ /W'-//!/ .I'X .....7A1/( /.'/// // \ ^ A.»/r/ , * ' . V ' \ ^ fc* . I ' // ‘•--•^ '*•^•v//.'.‘. . \ ..-h* tl \<> *r7l^••‘-- «#♦/# •,*♦ < ., \» *1 ^ \.‘. a*— mm m— l■L4 ' *♦ '-V '.y ■ ■■/ .-A —^st y"::// # ^!3:yA' \ 1 I-:tj I r'5?/1 ( 1 •;=V> *y.':r-sy •'^V ’*V ••.?f//'?.\i."*J. /V' y ;iii/'• I 7i i>- - I ? / 3..I \ ^ \ if ^ * III I* ' ■ lU 'V ^ •■%''*,:/flj!/. 1;//V/ tr— / s‘/ <». h !: ‘ : A; / '■'•• / -»c »• '' .■'•/1 ^ -i y 1 ;c" . ' • ^ ' ? / '' M *V .* / i % / 4 /« I- i y*A« »•■ (>/ A. ► V \L'/1 N --------% I *..y V\^ .(')I % \ V \ tt h If ui . p' » / . * ■ . • * ' J'/ • • '‘ jv ir !»•»«( ‘1 . • .•f-- ;?l f' \ •s A\ \v h-2Xm f \ KmAr \ \ .............-/-"•■ 'f .••' ■•-' / ; >. '!• • . “**' *• • .* f 'I * -•. / '-!• If. 'mat »»jf at*# • • J. '-.A*...-' iv . > --*J*>*. it - • ■■-V/.:-A'^ jf ^.'..-.....y - - .......■;'''*"'>' >> •7 t W‘.l'•/Av.k'i / R""' / / /f /j e CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 8 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, 10.55, SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L) FILE NO. 2300 I i i \ WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally described as follows: (Exhibit A attached); and WHEREAS, the applicants have applied to the City for renewal of variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, 1. 2. FINDINGS This application was reviewed as Zoning File #2300. The property' is located in the LR-IA Single Family Lakeshore Residential Zoning District. The Orono Planning Commission originally reviewed this variance request on September 16, 1996 and recommended approval of the proposed variances to restore the lakeshore stairway system, retaining wall and underground grotto, based upon the following findings: Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 Q 8 6____ 4. 5. 6. A.The property is unique for a number of reasons, including its age, its history and the fact that applicants have been diligently restoring the property to its former splendor. B.The proposed wo^k involves restoration of amenities or structures which already exist, and does not propose any new buildings or amenities. C.The 650 ’ length of the eastern shoreline justifies the existence of as many as four lakeshore stairways to provide access to the lake from the higher portions of the property which are as much as 25' above lake level, and the steep slopes east of the house suggest the need for stairway access. On October 20, 1997 the Orono Planning Commission reviewed this request for variance renewal and on a vote of 6*0 recommended approval, finding that the findings and conditions of the prior approval as noted in Resolution No. 3786 are still valid and appropriate. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to othei 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 ser\e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City'. Page 2 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. S 9 8 8_____ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the e.xisting lakeshore stairway system, retaining wall and underground grotto, subject to the following conditions: 1. 2. 3. 4. 5. The restoration work shall not exceed that contemplated or proposed in the submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed the pre-existing level of 0.7% as indicated on the site restoration plan attached as Exhibit B. Applicant is advised that any future proposal to add hardcover in the 0-75 ’ lakeshore setback zone might be approved only i'' conjunction with the concurrent removal of existing hardcover, resulting in no net increase in hardcover in the 0-75' zone. Structural restoration of the existing boathouse is specifically not a part of this approval, and structural repairs to that building shall be reviewed by the Inspections Department and if determined to require variances, shall be brought forth to the Planning Commission and City Council as a separate application. Authorities granted by this variance run with the propertj' 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 (October 27, 1998). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granuJ 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 propert>'. Page 3 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^986______ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of October, 1997. ATTEST: Dorothy M. Hallin, City Clerk Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th 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 on behalf of the City. Notary Public Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 8 6 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 _ knovvn to me to be the person(s) described in and who executed the foregoing instruxnent, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 0 J oz o Od O o 31 <Co QQ OfTio W o o'-’oRoZQ 20^ iZ^ouj^ LUh- toa: Ooo o I ooo LlJ X-nOrUJ ipi(/) a. < o II CO X UJ z:o § LxJ COC LU Q UJ Q > Occ CL x<->oo Xo z 1 a:ooxoo q : UJ q : ^ 020 O U. CD »- UJ OcJiO UJ Z >. oXgd c/)<o _J • ^ ^ ' - tjog 2ZS .20: §' V LU LU CO Li oz oUJtr: o UJ s Oz »— X LiJ UJc q :ozoo LU Q U < CL Ooo ZD I II v> 00/s s ^ .1 1 : i Hi Sit. 3 +J.5 if) •d S H & 1 o\ tn ro 4J in 1 1 1 IM 0 Ui •M u 1 nl S Cr\•r“ a •H ^4J 0> CO ^GS »0 0 8 -B m §s 2 ^ ^ 0 ll /' // wmo CXD s? »- S >.n.. (.) f? >“ WJ k ^ /L , ■ . » • • > UJ 5s s ^3)00 z= CL Z OLU 3 LiJ Ija: ± o < ^-V \ Fr^, \ 1 S. \ c=^ 1 )\ * 1 t /,U—=k-c m m m M<.-.V.fr^r ‘•♦n 'i‘ -• I ■ _____I /*•• •*• .* . • • •• ^ — loJ P= ^ l/> h-15205 LuceujJ^J CK fcr i? {2^o| • \ or (/> or o > V. .• r» . • • ' . ■' t*• * ',' ‘ ■' i-r-,-' !: / •\'V 'l»l M p III! I il I' il'!' II !!l Is ~i n«ff5l ip/jjj ■ . , \ ■ i" ■ 'r-' -----' REQUEST FOR COUNCIL ACTION DATE: September 19, 1996 Updated Oct. 23, 1996 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2159 James and Joann Jundt, 1400 Bracketts Point Road - Variances Resolution Zoning District: LR-IA, Single Family Lakeshore Residential, 2 Acres, Unsewered Application: Request for lakeshore setback variance and 0-75' hardcover variances for restoration of existing grotto, retaining wall and lakeshore stairway system (applicant also proposes cosmetic repair to existing boathouse). List of Exhibits A - Resolution B - Notice of Council Action 9/24/96 C “ Notice of Planning Commission Action 9/19/96 D - Memo and Exhibits of August 14, 1996 NOTE: This item was tabled at your September 23 meeting because applicant was not present. Applicants propose to restore two existing limestone rock stairways leading down the lakeshore bank east of the existing house. These stairways have been in place for many years, and restoration will include repair or replacement of deteriorated stonework and handrails. Additionally, applicants propose to restore the underground grotto and its associated retai:iing wall. This is an underground cellar-type room, located within the lakeshore bank behind a stone retaining wall. Restoration will include mainly cosmetic wo.»‘k including adding stucco interior wall and ceiling panels, adding a decorative light fixture, restoration of the existing wood doors, and restoration of the existing stone retaining wall. Applicants had originally proposed significant restoration of the existing boathouse, which is in failing condition. That work was to include roof replacement, window and door replacement and modification, straightening of the frame, residing, a new concrete floor, and a new concrete step. The August 14 staff memo indicated that the apparent total restoration proposed suggests that the structural work intended likely exceeds 50% of the value of the structure at the time it became non-conforming. The zoning code limits the structural restoration of such structures with the goal that they eventually disappear. Prior to the Planning Commission review, applicants withdrew the boathouse work from this application. However, at the Planning Commission meeting, applicant indicated that rather than remove the structure they intend to f Request for Council Action continued Page 2 September 19, 1996 / Updated October 23, 1996 #2159 James and Jcann Jundt, 1400 Bracketts Point Road repair the roof. Please review the discussion on Page 2 of the August 14 memo regarding the conformity of this structure. Hardcover Existing 0-75' hardcover on the property excluding the public roadways is less than 1% of the 0-75' zone. While applicant's submitted hardcover calculations indicate a 250 s.f. increase in hardcover, applicant indicates that is incorrect and reflects a prior application, and in fact there is no expectation that additional hardcover will be added as part of the restoration work proposed. Plaiming Commission indicated that they have no problem with the hardcover aspect of this application. Planning Commission Recommendation At their September 16 meeting. Planning Commission voted 6 to 0 to recommend approval of the restoration/repair/cosmetic upgrading of the stairways, retaining wall and grotto. Planning Commission directed applicant to work with staff regarding the boathouse repairs, but specifically did not approve any variances for the boathouse structure, and indicated that depending on the work ultimately proposed, that may have to come back for a further separate review. Planning Commission noted the following hardships which support the restoration work for the grotto, retaining wall and stairways; 1. The property is unique for a number of reasons, including its age, its history and the fact that applicants have been diligently restoring the property to its former splendor. 2. The proposed work involves restoration of amenities or structures which already exist, and does not propose any new buildings or amenities. 3. The 650' length of the eastern shoreline justifies the existence of as many as four lakeshore stairways to provide access to the lake from the higher portions of the property which are as much as 25' above laike level, and the steep slopes east of the house suggest the need for stairway access. Planning Commission noted that the boathouse would not be permitted if it were proposed to be constructed today, but members indicated that the boathouse appears to be an amenity which, in the context of the entire property, should be allowed to be restored. Factors which Request for Council Action continued Page 3 September 19, 1996 / Updated October 23, 1996 #2159 James and Joann Jundt, 1400 Bracketts Point Road may justify structural repair to the boathouse include its age, its connection with the history of the property, and its unique former function as a "changing room" with a divider for a boys' side and a girls' side. Planning Commission suggested that applicant work with staff to determine the cosmetic versus structural nature of contemplated repairs, if structural restoration variances are necessary to bring that back as a separate application. Staff Recommendation Staff concurs with Planning Commission that the stairways, retaining wall and grotto should be restored. Additionally, Council shculd give applicant direction regarding the restoration of the boathouse. A resolution for approval of the restoration of the stairways, grotto and retaining wall is attached for Council adoption. Options for Action 1. Approve per attached resolution. 2. Approve per attached resolution with revisions. 3.Table for further information. 4. Cc..ceptual denial, 5.Other. COUNCIL ACTION REQUESTED; Adopt attached resolution or take other appropriate action. PROPOSED MOTION: Moved byj) , seconded by , to adopt Resolution No. granting lakeshore setback and 0-75' hardcover variance approval for restoration of lakeshore stairways, retaining wall and grotto for James and Joann Jundt at 1400 Bracketts Point Road. Vote: ayes, O nays. MINUTES OF THE REGULAR ORONO CITY COI.rNCIL MEETING HELD ON OCTOBER 21 y 1997 (#3 - Old Crystal Bay^oad Addition Internal Trail System - Continued) Barrett indicated that this Vould require the active participation of the homeowners of 2655 and 2635 Countr>’side Drive West, who would have to personally agree to an easement for the residents of the subdivision. Jabbour amended his motion to include Barrett's responsibility to see that the easement be provided by the homeowners mentioned to the residents of the subdivision. Vote: Ayes 4, Nays 0. \ PUBLIC COMMENTS \ There were no public comments. % ZONING ADMINISTRATOR'S REPORT (#5) No item for this agenda number (*#6) #2300 JAMES AND JOANNE JUNDT, 1400 BRACKETTS POINT ROAD - RENEWAL VARIANCES - RESOLUTION NO. 3986 Goetten moved, Kelley seconded, to adopt Resolution No. 3986, granting v^^ces to James and Joanne Jundt of 1400 Bracketts Po'mt Road for restoration of retauiing wallSj underground grotto and lakeshore stairway system within 75' of the lakeshore. Vote: Ayes 4, Nays 0. _______.. (#7) #2301 GERALD MCCOURTNEY, 1055 WEST FERNDALE ROAD - VARIANCES - RESOLUTION.no . 3987 /'j \ \ The applicant was present. Gaffron reported that the request for varikiices includes landscaping within the right-of- way of Femdale Road, expansion of drivevWy apron in right-of-way, and construction of a gate access within 75' of the lakeshore and ii\ the right-of-way. Legal combination of the properties carmot occur until court action h^resolved the ownership of property in question. Gaffron noted that the apron will matcR^the other side of the driveway allowing for better approach. The landscaping will^ an arborvitae hedge set at 15-17 from the paved roadway. The right-of-way is,66'. T^e gated access will remain grassy and allow for entry by private maintenance persormel. \ \ Gaffron said the Planning Commission reconunended approval subject to the two tax parcels being legally combined once the court action has beeh^fmalized. The Commission felt the removal of the house more than off-set the>^dditional hardcover for the apron, which greatly exceeds the4llotted amount for a garage apron. Per prior variance approval, an apron is alloN^ed at a 40' width, which provided extra parking space. Staff agreed with recommendation subject to a hold harmless agreement signed by applicant for the improvements within the right-of-way. I \ 4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20,1997 (#9) #2300 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - RENEWAL VARIANCES - PUBLIC HEARING 10:24-10:26 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was not present. Gaffion reported that the application is a variance renewal with no changes. It was noted that the boat house would not be restored. Lindquist moved, Hawn seconded, to approve Application #2300. Vote: Ayes 6, Nays 0. \ (#10) #2301 GERALD MCCOURTNEY, 1055 WEST FERNDALE ROAD - VARIANCES - PUBH^ffiARING 10:27-10:32 P.M. The Affidavit of Publication'^d Certificate of Mailing wer^ hoted, The Applicant was present. Oaffron reported that the request wa^or variances for landscaping within the right-of- way of Femdale Road, expansion of driveway apron in the right-of-way, and construction of a gate access within 75' of the lakeshofex^d in the right-of-way. The lot has been expanded recently by adding part of the Sk^ property. The existing house on the lot had been removed. The proposal is to plant a r9W of arborvitae within the right-of-way along the property for privacy and security re^ons. The 66' right-of-way is wider than the 50' right-of-way typically required today. ' The road had been a County road at one time. There is a considerable distance between the paved road and the property boundary. Historical usage includes a fence encroach^nt which is consistent with other properties in the area. The plantings will be 15' from the j^aved road. \ The gateway to the property for access would be placed at the 75' lake setback line. It is metal in design. The driveway apron would expand the existing driveway to match what exists on the opposite side. The house on the property was remodeled several years ago. At that time, the City denied a loop driveway but allowed a wider^veway for parking. The code allow s 20' width but it'exists at 40’. The change allowrs a'sweep in a car’s approach to the garage. The site plan is in process with the removal C)f the house, grading, and replacement of plants. A landscaping plan has been approved by staff. Staff recommends approval of the application. \ As a note of information, Gaffron reported that a neighboring property reeWed permission for a 3-1/2' fence located 15' from the paved road. The neighbor|ias decided ♦o plant an arborvitae hedge instead to be consistent with this property. 4 ORONO CITY COUNCIL MEETES^G MINUTES FOR OCTOBER 28, 1996 (#6.) 1 \ 1 #2135 ALBEE ESTATE. 1575 LONG LAKE BOULEV, RESOLUTION #3785 \ Applicants were present. \ - VARIANCE - Gaffron stated this item was tabled at Council S^ember 23rd meeting at the request of the applicants. Since that lime, Nancy Gawron,/Kpresentative of the estate, has provided documentation that the Hedlunds are no Ipiiger involved with the request, hence the Hedlunds no longer appear on the propped resolution. The estate advises they are in agreement with the provisions and/^onditions\xf^ the resolution and wish Council approval.sN. Moved by Jabbour, second^by Hurt to adopt Resolution ^3785 granting variances for street setback, averaw/l^eshore setback, lake setback, hardcover and work in bluff impact zone for th^/fdna Albee Estate property at 1575 Long lake Blvd. Vole: Ayes 'SrhayisO.------ (#7.) #2159 JAMES AND JoANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCE - RESOLUTION #3786 Mrs. Jundt was present. Gaffron stated the application is to restore two existing limestone rock stairways leading down the lakeshore bank east of the existing house. The stairways have been in place for many years, and restoration will include repair or replacement of deteriorated stonework and handrails. This will now give the property 4 access stairways on tn property with 600’ of shoreline. In addition applicants proposed to restore the underground grotto and its associated retaining wall. The grotto was originally an old pump house. The applicant has withdrawn the restoration of the existing boathouse. Callahan asked applicant if she was satisfied. Applicant indicated yes. Goetten stated this is a very unique case. Applicant indicated they are trying to bring the property back to its original condition. Kelley indicated pictures indicate a large amount of vegetation in the stairway and applicant must understand amount of vegetation removal. Jabbour slated he disagreed with the Planning Commission regarding the 4 stairways for 600’ of lakeshore, i* should depend on individual property. Goetten moved, Jabbour seconded, to adopt Resolution #3786 granting lakeshore setback and 0-75 ’ hardcover variance approval for restoration of lakeshore stairways, retaining wall and grotto for James and JoAnn Jundt at 1400 Bracketts Point Road. Vote: Ayes 5, nays 0. ■S' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 16,1996 G-i (#3 - #2169"^chael Renard - Continued) Lindquist asked what the hardcover facts were. Mabusth asked for a breakdown of the hardcover calculations and whether it included the landscaping. BepJ^howed the survey to Mabusth, who did not have a copy of this particular survey. E^^ussion was had on the particulars of the hardcover. It was determined that if the 130of landscape rock in the 0-75' war removed, along with 420 s.f in the 75-250' setbac)(?fthere would be no need for a hardcover variance. Schroeder said he was concerned \Yith trading of plastic and rock as *. _ ___ ^ ^ • •• • • •it should not have been there in the first place. The plastic was instadled by a previous owner. Schroeder said the'hardcover should be sepai^ed showing what does and does not coun*.. Mabusth said it w/ould not be required i^nere was no hardcover variance required in the 75-250' setbaclc and would only involve the average lakeshore setback. Schroeder questioned whether this was actuall^^lmown. Mabusth clarified that the hardcover total was originally 6142 s.f. or 26/7% where 5707 s.f. is allowed. With the removal of the 420 s.f. of landscape rock apo plastic, the square footage of hardcover would be at 24.9% and not require a variance. Smith asked why the shed was an issye in 1991. Mabusth said it was because the hardcover exceeded the allowed at 26.7^4. With the shed removal, the hardcover would be at 25.5%. / \ \There were no public commej^ts. Schroeder said he was relufc^ant to allow the shed since the Council in 1991 recommended its removal with the sanje basic numbers presented. Lindquist noted that the structure was proposed larger at that'time. Mabusth said there Was also more hardcover and the updated survey was riot available. Mabusth said the removal of plastic and rock would result in a 1.8% reduction from 26.7% to 24.9%. Lindquist move^ Hawn seconded, to recommend appr^’al of Application #2169 with the understanding/hat all plastic on the property would be ren^ved along with the cement le 0-75' setback. The application would only involve a variance to the m mm m A ^ pad located m the 0-75'-------- --------------- average lak«hore setback, and the shed would be allowed td'remain. Vote: Ayes 6, Nays ^ ^---------------------------------------------------..........................................................................* ............................................. •.0. (#4) #2159 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:30-7:54 P.M. The Applicant was present.I Gaffron reported that the application was tabled at the request of the applicant at the August 19 meeting of the Planning Commission. He noted that the application has been revised by the withdrawal of the boathouse from the application. I MINUTES OF THE ORONO PLANNING COMNUSSION MEETING HELD ON SEPTEMBER 16, 1996 - #2159 James and Joann Jundt - Continued) Mrs. Jundt said the intent was non-structural in regards to the boathouse and repair only would be done due to a hole in the roof from a large tree branch that fell on it this past year. Lindquist asked Mrs. Jundt if she had a problem with the total removal of the boathouse. Jundt said she would be reluctant to remove the boathouse due to its historical signiGcance. Gaffron said caution would need to be taken regarding a repair permit for the 1930's boathouse with the value versus the cost of repair. Smith clarified that the boathouse would not be deleted from the application, and there were no plans to remove the boathouse from the property. Gaffron informed the Commission that the City would have to review the repairs proposed. Jundt questioned why there w js a concern when only repairs were planned. She was informed that structural repairs cannot exceed 50% of the value of the boathouse when ordinances made such structures nonconforming in 1975. Mabusth said she spoke with Jundt's attorney, Tom Crosby, who noted the cement piers, which are part of its construction and were found to be in good condition. He was informed that additional information would be required if the integrity of the foundation was questioned. A window wall be added but the roof slope would remain the same. Jundt said she understood the concern when asked by Lindquist. Lindquist clarified that if any repairs exceed 50% of the value, the code requires the boathouse to be removed. It was determined that more information would be required before this issue could be resolved. Gaffron reported that the proposal includes improvements east of the main house to the underground grotto, a retaining wall, and repair of the stairways. One set of stairways has a gap which wall be connected. This stairway is located 5-10' from the shoreline. Another centrally located stairway wall be repaired and restored. The retaining wall wall be repaired along with the grotto. Gaffron said the existing 4 walkways extend 650' in distance and questioned whether there were more than enough stairways. He noted the code allows for stairs to the lake but does not mention how many sets of stairs per property. The improvements to the grotto will consist of cosmetic changes with the addition of a stucco interior wall and ceiling panels, addition of a decorative light, restoration of e.xisting wood doors, and restoration of the existing stone retaining wall. Gaffron noted that since the grotto was underground, it is not considered hardcover. The hardcover calculations are at 0.7% in the 0-75' setback with the exclusion of the hardcover in the public right-of-w'ay. Additional hardcover of about 1% is proposed in the submitted calculations in the patio and deck area but no speciGcs are provided and will need clarification. Mrs Jundt said restoration was only planned at this time, no additions. Smith asked if there were improvements to the grotto. Gaffron said the changes were cosmetic only. I 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 16,1996 (#4 - #2159 James and Joann Jundt - Continued) McMillan asked if there would be changes to the vegetation. Jundt said the plans call for trimming only. Gaffron said the code normally asks for a staircase to come straight down in order to keep the hardcover to a minimum. The stairs now angle down across the slope and are partially hidden by vegetation. Smith noted that the number of staircases was previously reviewed. It was determined that if the property was broken down into parcels that the number of stairways would be acceptable. Hawn commented on the uniqueness of the property and the fact that only restoration was being performed, not new improvements. Hawn said she spoke with the gardener who said he used the far stairways alot in his work and the restoration would increase the safety. Hawn said she had no problem with the restoration. Jundt said it was their intent to return the property to what it once was and not change it. She said she had questioned whether the boathouse should be restored and was informed that it should be as it has historically value. She informed Mabusth when questioned that additional damage could occur if the repair was not made. Mabusth said, although the cost of repair may exceed 50% of value, she would be inclined to allow the repair because of the uniqueness. Stoddard asked how the valuation was determined. Gaffron said the assessor's value was usually taken from 1975 records. However, no value was established for this building in the records. A value for a comparable building of its size could possibly be used. Lindquist asked whether the Commission was including the boathouse or not in this application. Mabusth said there was a need to allow the structural repair to the roof, but the applicant would have to come back with more information on the foundation. Lindquist said he would need more information before he could vote on the issue and asked for an estimate. Mrs. Jundt said she thought it would be okay to repair the structure. Gaffron said it was a matter or defining whether and to what extent structural repair actually is needed. Gaffron said he would want the building inspector to look at the structure if the boathouse was included in the application. Lindquist said the Commission would only look at the sidewalk, retaining walls, and grotto, and would not include the boathouse in this approval. There were no public comments. i OOD ROAD - commission IEETING held on SEPTEMBER 16,1996 (IW - 15y James and Joann Jundt - Continued) tt^rottl"retaWng^^^ “PfT® and cosmetic remodel to Staffregarding the boathouse. * "°n‘*d'°"'hat the applicant work with / walls. Gaflron said the / nmg wans are together, and the boathouse is totally separate. Vote: Ayes 6, Nays 0. / VAWANCE - PUBLIC HEARING 7:54-8:04 P.M. / The Affidavit of Publicati^and Certificate of Mailing were noted. The Applicant was present. aggregate patio. A prl ’Is Sick X Na«d •"* deck will be smaller in size There wihh» nn a . *"** •*’*''aplacement The applicant said he began to repair t'heAck, and it fell down. reSewrt •’“aaibility of a garage. Staff with the topography to ffie i^bnhe ti 'T ''“i'''"'* and 17' to the rightof-wav line was 8' of the stoop using part of the structure fpr the garage Rooke'^d^f of the existing porch for possibly there would only be room Za one^Sl na^STe T e"' ® ““P' >"<* serve as back out area / “ ttsh'-of-way would continue to ?Se“^i“v!ilKiftfS have 50' widAts but depths of about 250'. neighbors regarding gaininc a nrivatP A said he has spoken with his where no hardcover issue would be involved ^ MXsffi Xta“’’"r ^ I-possibility. topography of the area would probably'eUminate that % ^.> ^COUNCIL MEETING OCT 2 6 1998 REQUEST FOR COUNCIL ACTION CrTYCFORONO Date: October 22,1998 Item No.:9 Department Approval: Name: Michael P. Gaffron Title: Senior Planning Coorainator Administrator Approval:Agenda Section: Zoning Item Description: #2425 Sidney and Barbara Rebers - Preliminary Subdivision - Conversion from Outlot to Lot Status - Outlot E, Sugar Woods ('2190' Wayzata Boulevard) - Renewal of Preliminary Plat Approval - Resolution List of Exhibits A - Resolution B - Preliminary Plat Drawing C - Notice of Planning Commission Action 10/20/98 D - Memo and Exhibits of October 15,1998 Renewal of Preliminary Plat Approval Preliminary plat approval was originally granted by Council on October 13, 1997, via Resolution No. 3972. That approval expired October 13, 1998, and applicant has requested renewal of preliminary plat approval per the findings and conditions of the original approval resolution. Please review the memo and exhibits of October 15. That memo reviews the access situation and notes three items to be resolved prior to final plat approval, including: stormwater pond capacity/applicability; escrow/security for future road construction; and park fee determination. A fourth item, regarding a municipal water line location, has also been noted since the Planning Commission review. Stormwater The applicant has provided a letter from his consulting engineers (BRW, Inc.) noting that the stormwater pond in Outlot F was designed (and upgraded by MnDOT) to accomodate the ultimate developed conditions of the Sugar Woods residential and commercial dcvelopements as well as the Highway 12 tributary drainage, subject to MCWD permit approval. MCWD stall have not been able to confirm that MnDOT was issued such a permit, and staff is pursuing this confirmation as ot this writing. Note that an application for commercial site plan approval for an office building on the site will be reviewed by the Planning Commission in November, and the purchaser has been in contact with MCWD regarding stormwater management needs. ■ ———lUiJUB uuaMBi UCBiiUaBUliklM #2425 - Rebers - Prel. Sub. Approval (Renewal) October 20,1998 Page 2 Financial Security Condition #4 of Resolution No. 3972 states that (the owner oO Lot 1 shall bear the total reasonable costs of constructing the the portion of trontage road directly adjacent to Lot 1, and indicates that "the Council will require at the time of final platting security in the form of a cash escrow, letter of credit or other form of security acceptable to the City". The City Engineer will be asked to pro\ ide a cost estimate for the segment of frontage road that might be constructed someday adjacent to Lot 1, and staff recommends that the standard 150% escrow amount be provided. Park Fee Because the renewal process is structured as a new application process, staff is assuming that Council intends that this development be subject to the new park fee ordinance, which was adopted after the 1997 preliminary plat approval. The April 1998 park dedication ordinance and resolution establish a park fee formula for commercial/industrial properties based on the number of employees a site will accommodate. As the Rebers subdivision is the first commercial application subject to the new ordinance, staff is reviewing methods for determining the number of employees to use as a fee basis. As of this writing, we are expecting to propose that the number of employees be based on one employee per required parking space, less 10% for visitor parking in the case of an office building that is not a retail destination. For instance, if the zoning code requires 50 parking spaces for an office building in which, the park fee would be based on 45 employees. The % of reduction for visitors would be much higher for uses that have few employees but many visitors, such as retail. All of this is still under discussion... Note that the current park fee ordinance establishes that 10 employees are the equivalent of one dwelling unit, and the park fee per dwelling unit is 8% of the pre-developed fair market value of the property, but no more than $4900 per dwelling unit equivalent and no less than $2900 per dw'elling unit equivalent. Municipal Water Main Easement Sur\’ey work recently provided in support of the upcoming commercial site plan review, indicates an existing municipal w'ater main along the west property boundary may not be centered on its easement, requiring an additional perhaps 5-6' of easement in order to allow adequate access for future maintenance. The exact pipe location needs to be confirmed, in light of the potential location of that future building. Staff has incorporated an additional condition not present in the original preliminary plat approval resolution, requiring that the pipe be located and a utility easement along the west boundary expanded as necessary' to be 10 either side of the existing pipe. The four above items must be resolved prior to Council granting final plat approval, and are being noted now at the preliminary approval stage for discussion purposes. #2425 - Rebers - Prel. Subd. Approval (Renewal) October 22, 1998 Page 3 Staff Recommendation 1 Staff recommends approval of the attached resolution renewing the approval granted approximately one year ago, with the only revised condition being in regards to the sewer easement. The park fee condition is changed to reflect the April 1998 ordinance. Council should address any concerns regarding the four noted items to be resolved prior to final plat approval. COUNCIL ACTION REQUESTED Adopt the attached resolution granting preliminary approval of a Class 11 subdivision for property located at 2190 Wayzata Boulevard. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS II SUBDIVISION FOR PROPERTY LOCATED AT 2190 WAYZATA BOULEVARD - FILE NO. 2425 WHEREAS, Sidney and Barbara Rebers (hereinafter the "Applicants") on February 19, 1997, filed a formal subdivision application with the City of Orono (hereinafter "City") for approval of a replat of propt:?‘.y legally described as: Outlot E, Sugar Woods, except that part shown as Parcel 342A on Minnesota Department of Transportation Right-ofiWay Plat N 27-70, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, this replat is proposed for the purpose of converting said Outlot E to buildable lot status in order that the Property may be developed, as required by the City as a condition of the plat of Sugar Woods; and WHEREAS, after duly published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the Cit>’ of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on March 17, 1997, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at its regular meeting held on April 14, 1997, the Orono City Council considered the subdivision application of the Applicant and made the following findings of fact: 1.The property is located within the B-1 Retail Sales Business Zoning District requiring a minimum lot area of 20,000 s.f and a minimum lot width of 100'. 2.The property contains a total area of 41,612 s.f and has a defined width of approximately 146'. 3.The proposed plat consists of one commercial lot meeting the minimum lot standard requirements of the B-1 Zoning District. Page I of 10 « 4. 5. 6. 7. 8. The property is served by municipal sewer and water. The property abuts U.S. Highway 12 as well as Outlot D, Sugar Woods, a segment of a proposed future frontage road corridor platted within Sugar Woods. In 1987 the City adopted Comprehensive Plan Amendment No. 2 which planned for the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12. In 1987 it was anticipated that traffic on Highway 12 would continue to increase as a result of the upcoming completion of Interstate Highway 394. The purpose of this planned frontage road was to reduce and/or eliminate access directly to and from Highway 12, generally for safety and traffic flow reasons. Comprehensive Plan Amendment No. 2 specifically addressed road improvements needed prior to development of the commercial corridor as follows: "Prior to the development of the commercial portion of this property, the existing intersection at Brown Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection are addressed. Configuration of the frontage road and North Brown Road would be determined at the time of development." Orono's 1994-95 reconstruction of Brown Road alleviated alignment concerns with the 12/Brown intersection, and MaT)OPs 1995-96 safety improvements on Highway 12 similarly alleviated a number of safety concerns. The plat of Sugar Woods, completed in July 1989, included two commercially zoned parcels (Outlets E and F) abutting Highway 12. These two parcels were platted as outlets, rather than as buildable lots, because the Applicant at that time wished to delay decisions regarding future access to the commercial property until such time that it was developed. The Sugar Woods plat conformed to the comprehensive plan by creating Outlot D, a short segment of the proposed future east/west frontage road. Outlot D, however, only provides a corridor from the west boundarv' of Sugar W’oods to Page 2 of 10 i h V t 9. 10. 11. the northwest comer of Outlet F. The City's intent in approving the plat of Sugar Woods was that at some future time when Outlot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. On December 12, 1988, the Orono City Council adopted Resolution No. 2554 granting preliminary plat approval, conditional use permit and variances for the plat of SUGAR WOODS. Page 8, paragraph 4.E stated that the subdivider's agreement should: "Clarify that Outlot D (portion of future east/west road) is to be fully developed at the time of future development of the commercial corridor. The access road will be fully installed at the time of either the applicant's development of the commercial corridor or as a result of any other condition that may require the installation of the road prior to applicant's development of the commercial corridor." The foregoing language was not put in the subdivider's agreement, but it was put in the resolution granting final plat approval. On July 10, 1989, the City Council adopted Resolution No.2653 approving the final plat of SUGAR WOODS. Page 4, paragraph 4 stated: "4. Outlot D, a portion of future east/west road located within the commercial zoned portion of the property, shall be installed at the time of the development of Outlots E or F or the development of the Wear property (unless the City has obtained an alternate legal access through Outlot E to the Wear property all subject to the approval of the City)," Pursuant to the terms of the preliminary plat resolution and final plat resolution, on September 8, 1989, Rebers Construction Co. and Sidney and Barbara Rebers granted public roadway easements over Outlot D to the City of Orono. Said easements were filed with the Hennepin County registrar of Titles as Document Nos. 2038791 and 2038792. Pace 3 of 10 12. 13. Thereafter, the Orono Building & Zoning Administrator and City Attorney objected to certain terms of said easements; said easements were renegotiated between the City and the Applicants; and a replacement public road easement over Outlot D was granted to and accepted by the City subject to the following: "1. No road shall be installed by Grantee until a building permit has been issued for construction of a commercial building on Outlot E, SUGAR WOODS (in which case the road may extend no further east than the Northerly extension of the East boundary of Outlot E) or on Outlot F, SUGAR WOODS (in which case the road may extend the full length of Outlot D). "2. The south edge of any road built by grantee shall be no further North than the South boundary of Outlot D, SUGAR WOODS. "3. If and when a frontage road or service road is built connecting Outlols E and F, SUGAR WOODS, across land South of Outlot D, SUGAR WOODS, or an easement for such a road is dedicated, granted or condemned, this easement shall automatically expire." (Quit Claim Deed dated May 30, 1990, recorded June 25, 1990 as Registrar of Titles Document No. 2105974.) It appears that Interstate Highway 394 will not be extended along the current corridor of U.S. Highway 12; it appears that a bypass route will be extended from the current freeway terminus near the easterly boundary of Orono to the intersection of Highway 12 and County Road 6. When this bypass is operational, traffic on Highway 12 adjacent to the Property will decline. However, the resultant traffic volumes on Highway 12 adjacent to the property at that time are anticipated by the City to be at a level that would generally indicate the need for a limited access highway. Page 4 of 10 . 1 1 L 14. 15. 16. 17. 18. 19. The Council finds that although the ultimate access for the Property should be via a frontage road, the form of future development of the adjoining and nearby properties should be taken into account at the time the frontage road is developed. Such future development has not been determined, but it will influence if, how. where and when the frontage road is constructed. Therefore, the Council chooses not to install the Highway 12 frontage road through Outlot D, SUGAR WOODS, at this time, whether or not Outlot E is developed with a commercial building, without waiving its right to require or order such installation in the future. The Council finds that suitable interim access to Outlot E from Highway 12 may be possible using the Mn/DOT right-of way directly west of Outlot E, which would allow an access to be constructed opposite Brimhall Avenue. Such an access location affords an opportunity for shared access to serve the adjacent properly in the plat of East Willow Woods. Outlot D. Sugar Woods, is intended to serve as a trail corridor as well as a frontage road corridor, and therefore requires a continuous width of 60' in order to accomodate both uses. Outlot D currently is 60' in width at the west end but tapers to a width of 40 ’ at its east end. Additional right-of-way is needed by the City via creation of an additional Outlot and granting of drainage, utility, road and trail easements in order that the 60' corridor be provided. The City Engineer has additionally recommended that a 5' drainage and utility easement be granted along the south side of the added right-of-way outlot, within proposed Lot 1. The easement granting the City rights to develop a frontage road in Outlot D does not grant an easement for drainage or utilities purposes, which is necessary in order for the City to use it for the intended purpose. Proposed Lot 1 is subject to the Park Dedication requirements of Municipal Code Section 11.62. Page 5 of 10 20. Any development proposed within proposed Lot 1 will be subject to a commercial site plan review process before the Planning Commission and City Council; and WHEREAS, on October 13, 1997 the Orono City Council adopted Resolution No. 3972 granting preliminar>' plat approval for the proposed conversion of the Property into Lot I, Block 1, SUGAR WOODS 2ND ADDITION, subject to a number of conditions; and WHEREAS, the approval granted in Resolution No. 3972 expired on October 13, 1998 prior to the applicant completing the requirements for final plat approval; and WHEREAS, the applicant applied for renewal of the Preliminary Plat Approval on September 22, 1998, and a public hearing was subsequently held by the Planning Commission on October 19, 1998 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; whereupon the Planning Commission recommended that the preliminary plat approval be renewed per the conditions of Resolution No. 3972; and WHEREAS, the applicant's surveyor has submitted a revised Preliminary Plat drawing which depicts the proposed Outlot A in addition to the proposed Lot 1, Block 1, SUGAR WOODS 2ND ADDITION as required in the conditions of Resolution No. 3972. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the request for renewal of the preliminary plat application of Sidney and Barbara Rebers per p U drawings by Wayne D. Cordes, a licensed surveyor employed by BRW, Inc. dated October 19, 1998, for the conversion of the Property into Lot 1, Block 1, and Outlot A, SUGAR WOODS 2ND ADDITION, said survey attached to this Resolution as Exhibit A, subject to the following conditions: 1.Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants are successful in relocating their existing access to Highway 12, by obtaining an access permit from the Minnesota Department of Transportation (MnDOT) Page 6 of 10 1 2. 3. 4. 6. permitting access over the triangular parcel of land owned by MnDOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall Avenue will not be allowed. The right-in/right-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to provide alternative access to Lot 1. the City shall have the right to terminate the right-in/right-out access at Brimhall Avenue upon payment of just compensation and the right to terminate the left-in/left-out access at Brimhall Avenue without payment of any compensation; provided that Lot I's access to Highway 12 will not be terminated unless the Highway 12 accesses of the other parcels served by the frontage road are similarly terminated. The City reserves the right to control access to Lot 1 from the Wear property directly east of of Lot I in the commercial site plan review process. Applicant shall, if found necessary by the City, place barriers to prohibit access from the Wear property. Lot 1 shall bear the total reasonable costs of constructing the portion of the frontage road directly adjacent to Lot 1. If the frontage road is built, the owner of Lot 1 reserves the right to contest the necessity and feasibility of the frontage road improvement. The Council will require at the time of final platting security in the form of a cash escrow, letter of credit or other form of security acceptable to the City. 5. Applicant shall grant the City a drainage, utility and trail easement over Outlot D. A triangular segment of right-of-way shall be platted as Outlot A, SUGAR WOODS 2ND ADDITION, per Exhibit A attached, and applicant shall grant to the City road, trail, drainage and utilities easements over said Outlot A. Page 7 of 10 7. Applicants shall provide confirmation that the existing stormwater pond is viable to serve Lot 1, or shall provide a new comprehensive stormwater plan for Lot 1 and Outlot F, SUGAR WOODS, subject to approval of the Minnehaha Creek Watershed District and the City Engineer. 8. Applicants shall in conjunction with City staff determine the exact location of the existing water main along the west boundary of the site and applicants shall grant to the City an easement for utility purposes within the property extending 10' from the centerline of the existing pipe. 9. Applicants are hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, on October 26, 1999. Should Applicants fail to complete the filing of the final plat application within the one year deadline, it shall be necessaiy^ for applicant to file a new preliminary subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200 ’. Drawing to include: A. Lot lines platted per preliminaiy' plat survey by Wayne D. Cordes dated October 19, 1998. B.Dedication of drainage and utility easements 10’ wide along the exterior boundaries of the Property with additional water main easement as noted in Condition No. 8 above. C. Designation of Outlot A per Exhibit A attached, to ser\ e as an expansion of the frontage road corridor. Paue 8 of 10 2. Legal documents required: A. Title opinion addressed to the City. B. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. 3. 4. C. The applicant must provide certified copies of all recorded easements currently affecting the Property. Signed and executed road, trail, utility and drainage easement over Outlot A, SUGAR WOODS 2ND ADDITION. Signed and executed trail, drainage and utility easement over Outlot D, SUGAR WOODS. 5. Fees to be paid: Total due: $ 200.00* A. B. Legal review and filing fees for subdivision and associated documents = $200.00 ♦Park dedication fee, fee shall be based on 8% of the fair market value of land within Lot 1, per the provisions of City of Orono Ordinance No. 173, Second Series adopted April 13, 1998 and Resolution No. 4064 adopted April 13, 1998. The applicant shall be advised as soon as the amount of the park dedication fee has been determined. Page 9 of 10 Adopted by the City Council of the City of Orono, Minnesota at its regular meeting held this 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this __ day of , 199_. 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 10 of 10 1 N0««DS3a •nvo NOfSMM Pu iz; 3 OM 'tmo NM3MN1H AINOOD €i-flll-K ms lirw-jT) 3WVM a»o 1V» :aB NKyM »C00*2K t)N 90f Anv,ii¥m .rnolfo niooi^ tsiwvri v wn ^«o (mO •/(>- (inT (•MO Mfttlt) mm >«rTn I nn« im»« mm otnam ■- Miia -o Nomaav qn 2 sqoom hvoqs JO j.vid AHVNmnaHd SH O Z4 68Z •— M..00.6UZ0S I5’:tj lb ill■Hfe I Ilf”lp‘5 ii... I \\r,i X K iz; O H Q O < S \ ^ il ) / > / f : ' ' /.••'; ,'-'y ........,•' ^ / • v b*'-' ^ //r<y' /)........\ii,; • ; I I.** / 1 . .........:i. I ^fVv'HW'H^—^ ■ ' ' / %iVl / •4' I- ' owDtfr# snoMwiua.. Q :z; Cv2 cn Qo \ • .......*v o CO ; \ s\\\\ \\ 1 •• •• ^ \\“■\ • \Bi1 \ V \‘ '•• V \ vwtH4 .................... joo,ei.ro s MWI tom MM IKtoBVl MniiToirBVM^ • * * ^ • .... ^101 / 'c c> O to W-rfs. S S 9 :% ^<WV->rVyviN 'V r / ■VWWV^WOTJ- HitON X® |2•.. V., • • rT7PJ^Y^p°o/M^ £f| I »r e* M^*t r*! Am Ami;^.i Tl»v»‘^''. . _*V*'***** *^ * •• «%«««««»•* '*•!«« f t »« • «\ • mm 0 /||i pJ^ s^ig 5. 8§R3 I |8 6l OOM Hvonsi^naHd i 3TDMO ASS3NHOnVHS . r I I I / J / ► / / / / '4(9 (MONMO. 19’52 ! 1: !2 cT. 11:17 NO. 42604S3269 ? i . * • . % • . '# May 1997 * jV’ * B R W INC, * - i i. :** ^ < V ’• * V.*.;:- a:/^ PUnniAg Tr«A»poruition En^tvfin^ UiVwDesi^ . ITimhcr Square roo Thl/U Sinret So. Mtni\<af<aLt9, \fN534lS 6l2/37lH)700 Fax#:3/370-nrA Denver Miiwaukc< Miimfapotii Newark fVirvd^ Phoemx PgitUnd San Diego Scittle V- •• • 1 • V Mr. Sid Rebars 3525 Webster Avenue •• St. Louis Park, MN 55416 R£: Outlet E, Sugar Woods • • Dear Mr. Rebers: •*. • • • *. * • • , I have reviewed the status of the pond constructed in the northwest comer of North Brown Road and U.S. Highway 12 as requested. Telephone discussions with Nancy Yoo of MnDOT confirmed that the pond was graded in accordance with the U.S. Highway 12 construction plans prepared by MnDOT. The MnDOT pond grading plan provided for approximately 1.4 acre-feet of pemtanent pool storage. Based on discussions with Nancy Yoo, the pond was designed to accomodate permanent pool storage requirements for the Sugar Woods residential development, U.S. Highway 12 tributary drainage and the ultimate developed conditions of Outlets E and F. The Minnehaha Creek Waterslird District (MCWD) has the ultimate authority over storm drainage pond des«ga rrd must approve the pond for its intended purpose. Under standard project development practices. MnDOT should liAve requested and received a grading pcrra*t by the hiCV'D for the U S. Highway 12 reconstmetion project including the subject pond Assuming a permit was granted by the MC.WD, the pond as designed by MnDOT should have adequate permanent pool storage to provide for the complete development of Outlets E and F. If you have any questions or need additional information, please cal! me at 373-6479. Sincerely, INC.J. Gregory S Bfown. PE Senior Cchisultant GSB cc Wayne Ci:udcs.BRW Bob KosiBRW File 34260 004 9901 Date of Transmittal:October 19,1990 Recipient:Mike Gaffron Firm/Company:City Of Orono City:Orono, MN Facsimile Number 473-0510 Telephone Number 473-7357 Sender's Name:Hugh Maynard Sender ’s Number 336-1662 Billing Number.25 Client/Matter Numbers:18311-25 Total number of pages: (Including transmittal letter)2 l.mmediate notification of transmittal:No 8 To:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. Gaffron, Senior Planning Coordinator October 15, 1998 Subject:#2425 Sidney and Barbara Rebers - Renewal of Preliminary Subdivision Approval - Conversion from Outlot to Lot Status - Outlot E, Sugar Woods ('2190' Wayzata Boulevard)- Public Hearing Zoning District: B-1, Retail Sales Business District Summary of Request: Convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. The key issues with the original review related to access for the lot. Those issues were resolved, resulting in Preliminary Plat Approval Resolution No. 3972 adopted October 13,1997. The developer was not able to find a purchaser for the properly until very recently, and since preliminary approval was expected to expire (Oct. 13,1998) before that purchase was completed and final platting commenced, this request for renewal with no changes was submitted. Note that the purchaser of the property is intending to construct a 10,000 s.f. office building on the site, and will be be appearing before Planning Commission in November for a CUP and Commercial Site Plan approval. List of Exhibits A - Application B C - Plat Map • Property Owners List D - Preliminary Plat Drawings/Surv'ey E - Resolution No. 3972 F - Letter to Rebers re: Park Fee 11-7-97 G - Selected Exhibits from 1997 Approval Brief Review of Access Issues Orono's 1987-88 Comprehensive Plan Amendment #2 included the future creation of a service road north of Highway 12 connecting Willow Drive and Brown Road. A corridor for such a road was subsequently created in the Otten Brothers property when it was platted via PUD, but only a road segment adjacent to Outlot E was defined within the Rebers propert>’ when Sugarwoods was platted. That 1989 approval of Sugar Woods allowed Rebers to postpone dedication of a specific service road corridor through Outlot F until Outlot F was further divided. However, the 1989 approval also #2425 - Rebers Subdivision October 15,1998 Page 2 required that future development of Outlets E and F be accessed by the service road rather than directly to Highway 12. The 1997 discussions revolved around whether, when and how the service road will be built, and whether Outlet E can be developed without the service road being constructed. The final outcome after a lengthy process of review and discussions with the developer and his representatives at both staff and Council levels, was that Outlot E could be converted to a buildable site (becoming "Lot 1, Sugar Woods 2nd Addition") subject to a number of conditions spelled out in Resolution No. 3972, including: Lot 1 can access directly to Highway 12 at a site directly across from Brimhall Avenune, subject to MnDOT approval. Right-in/right-out access to Lot 1 from Highway 12 is approved permanently; left-in /left-out access to 12 at Brimhall is acceptable on interim basis; when frontage road is installed. City reserves the right to terminate right-in/right-out with compensation to property owner, can terminate left-in/left-out without compensation; as long as Hwy 12 accesses of other properties served by frontage road are similarly terminated. City has right to control access to Lot 1 thru Wear site via commercial site plan review' process (i.e. City can prohibit or allow such access). Lot 1 will bear the costs of frontage road construction adjacent to Lot 1. Owner can contest the necessity and feasibility of such a road at the time it is proposed. City will require financial security for future road construction at final platting. City to end up with road/trail/drainage/utility easements ov'er old Outlot D and over the new triangular segment of corridor being platted as Outlot A. Resolution No. 3972 contains a number of findings which support the final conditions of approval. Stormwater Plan An additional condition of Resolution No. 3972 was that applicant confirm that the existing stormwater pond in Outlot F is viable to serve Lot 1, or provide a new stormwater plan for Lot 1 and Outlot F. As of this writing, no confirmation or plan has been submitted; however, the contract between Rebers and his purchaser requires the purchaser to complete the final plat requirements, which suggests that stormwater will be dealt with as part of the Commercial Site Plan Review... #2425 * Rebers Subdivision October 15,1998 Page 3 Park Fee Determination Because no Park fee was paid for Outlots E & F in the original platting of Sugar Woods, a park fee is now due for the conversion of Outlot E to buildable lot status, under the current park dedication ordinance. The City Assessor in November 1997 established the Fair Market Value at $3.05/s.f. for the property. Staff calculated the lot area (exclusive of the triangular road segment Outlot A) at £^proximately 41,072 s.f., yielding a valuation of $125,270 and an 8% park fee of $10,021 per the ordinance then in effect. The City Assessor uill be asked to update the Fair Maricet Value for 1998. In April 1998 Council adopted a revised park dedication ordinance. Staff will be reviewing the new ordinance to determine its impact on this subdivision. Staff Recommendation Staff recommends renewal of the preliminary plat approval granted approximately one year ago, with no revisions or change ’. There are no changes in the City's Comprehensive Plan for this area that would change any of Jie prior findings. The primary items remaining to be resolved are the stormwater plan (developer to provide as a condition of preliminary plat approval) and an estimate of future road costs (City to provide) for purposes of the required escrow/security. Options for Action 1. Recommend renewal of the approval granted in Res.^' nion 39.’2 with no changes. 2. Table for further information (specify). 3. 4. Recommend denial (state reasons). Other. 1 i CITY OF ORONO ^ 6124730510 09/18/98 10:08 O' :02/05 N0:043 CITY OF ORONO -1 SUBDIVISION APPLICATION Application 0 Data Recclrt^/ -9 f Amount Paid $200. od k PROPERTY LOCAjnON Siteaddrest,2:190 West Wayzata Boulevard_______ Property Identification Number (PIP) 34-118-23-21-0037 Please check 4ne - Property ___^stract or x toirens? Attach legal description to application. APPLICANT Name Sidney b. Rebers and Barbara Rebers Rebers ^^,nstrllr^ir,^' _________Phone (home) 941-4355 yeoster Avenue South Zip 55416Phone fwork)l20:640fi St. Louis Park. MM -------- ' —----------St. L9uis Park, MN OIVNER(ifdifferentjthanapplicant) m/a » i •Name ^ N/a. Applicant is owner. Address City (attach if niore than one) Zip Phone (home), .Phone (work) EXISTING LAND USE Number of Tm^Parcels Development $ize One 0.955 Present use (check) 0.955 I Present Zoning District PROPOSAL B-l Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units None Other (specify) Vacant 1C ♦ Division for Tax Purposes jLot Line Rearrangement Only (no new buildling sites) I jSubdivision for New Building Sites Number of Dujlding Sites One Existing Units 03 X-* i One New Units Total Units Proposed Grosi Density Minimum Lot jSize Proposed Use icheck) One Units per ^ Acres ^ ^^2 Sq. Ft. Dry Buildable Land ________Residential * X Other (specify) SEP 18 *90 li:i7 6124730510 PAGE. 02 CITY OF ORONO ©612A730510 09/18/98 10:08 0 :03/03 N0:043 ONAKY APPLICATIONminimum material REQihRXD FOR COMPLETE PRELD 1. Paymtnt of f««i (roftr to ’’•pj^llcoiion fetj** listed below. 2. Completed appliettfon fom. j 3. Prelimtnafy plat Infonnatlon bn Certificate of Survey. ^ 0^'S *7^*348 32^)” ®“** ******“ Hennepin County Department of Finance A-603 S. At an addendum to this application, please attach a separau list of any other persons you with notified of this anolication Zonini O ffidart Siinature ‘_____________________________ Date MINIMUM MATERIAL R£Ql|lR£D FOR COMPLETE FINAL APPLICATION 1. Payment of feet (refer to Preliniinary Subdivision Approval resolution and park fees if applcable). 2. Signed Certificate of Survey ^r mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. \ 5. Davalopert Agreement and Letter of Credit. Zoning Ofneiaft Signature Date I. APPLICATION FEES (Zoi^ng Administrator to check p(J dtose which apply) A. Application Base Fact: : _____ Sketch Plan Review [Class I, II St III) S2S0.00 ■ Subdivision of a Lot|Line Raamngement S330.00 _____ Subdivision Application (Clast I & II) S3S0.00 --------Prtlimlntiy Subdivision Application $373.00 + $23.00fiot (Clms ID A all non-resideotial) _____Final Plat Appllcailoii (Class III) $200.00 _____Legal Review and F^g: _____Subdivision i»nly $73.00 Subdivision W/easements and covenants mb. $200.00 joub Park Feet (to be dete^ined per Section 11.62) Legal and Enginearidg Review Fets (as Incurred) Renewal of Clus 1 ajid II Subdivision Application $200.00 (No change from original application) RftmwAl of CI aic Ilf. nn lu^ ___i w at /\ppiib«uon snsngv num yri^inai appiictiion^ y.. ... Renewal of Clast III^ Preliminary Subdivision Application $200.00 (No change from origbal application) Renewal of Final Cl4u 111 Subdivision Application $130.00 (No change from origbal application) 2nn,nn B. Special Improvement Fees: _____ Proposed Private Ro^ds $600.00 ♦ $.30/Ibeal ft.; _____ Proposed Public Roads $900.00 + $.S0fibeal ft; lb. ft X JO * $ ---------;----------- ----------___ lb. ft. X .50 " $, Request for City to Accept Existbg Private Road $900.00 Proposed Senitery S^er Msb Extension $250.00 * S23fitub Proposed Witermabt Extension $230.00 $23/stub Proposed Storm Sewler System (excludbg cuivcns) $200.00 On*Site System, Site|Evilutiion Review (applicable to rural subdivision applications) SSO.OO/pcr lot X!_____new bu C. Flaxibla Application Fce^Ilsc. Fees . ■ Varlanca $220.00 (SSO.OO per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRO Application with Subdivision $30.00/DweIlbg Unit I The applicant hereby agrees to provide all bformatlon required or requested by the Zonbg Admbbtrator, City Engineer, City Attorney, Planning Commission and Coqnc|l necessary to process this application and further agrees to pay all additional fees established by ordbsnee. \ . / • ✓ , V _____ Da te ^ — '2 ^ ordbance. Appllcanfs Signatur (Owner's Signature Date - 2y % Applicant must have alt submittals jnto the City Office 23 days before the Planning Commission meetbg. Planning Commission meetings •re held on the diird Monday of each month. Applicants must be present at all scheduled review roeetbgs of the Plannbg Commission and Council. If an applicant Is unable to attend a scheduled meetbg. please make arrangements to have an authorized agent attend b your place and tv; advise the Building A. Zoni^ Office of this change prior to be meetbg. / \ I 7?* O ” SEP 18 *98 li:i7 6124730510 PAC3E.03 < mm DATE 09/25/48 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH 50A PROP ADOR OWNER NAME TAXPAYER NANE/AOOR PROP ADOR OWNER NAME TAXPAYER NAME/AOOR PROP ADOR OWNER NAME TAXPAYER NAHE/AODR PROP ADOR OWNER NAME TAXPAYER NANE/ADDR PROP ADOR OWNER NAME TAXPAYER NAt«/AODR PROP ADOR OWNER NAME TAXPAYER NAHE/AODR 38 38-118-23 21 0002 02100 WAYZATA BLVD W WILLIAM W WEAR A WIFE WILLIAM W WEAR 2160 WAYZATA BLVD R306 LONG LAKE HN 55356 38 36-118-23 21 0023 02106 SU6ARW000 DR R M SCNOHHER OEM SCHOHHER R M SCHOMMER OEM SCHOMMER 2106 SU6ARW00D DR LWiC LAKE HN 55356 38 36-118-23 21 0031 00038 ADDRESS UNASSI6NED CITY OF ORONO CITY OF ORONO P 0 BOX 66 CRYSTAL BAY MN 55323 38 36-118-23 22 0017 02251 PINE RI06E LA COL OTTEN CLIFFORD t LOUISE OTTEN P 0 BOX 269 LONG LAKE MN 55356 38 36-118-23 26 0001 02120 WAYZATA BLVD W WILLIAM WEAR ETAL WILLIAM W WEAR 36 HACKBERRY HILL LONG LAKE MN 55356 72 36-118-23 23 0023 02225 WAYZATA BLVD W PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 W WAYZATA BLVD LONG LAKE MN 55356 REPORT NO. PI635601 PACE 11 38 36-118-23 21 0021 02102 SUGARWOOD OR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55616 38 36-118-23 21 0022 02106 SUGARWOOD DR REBERS CONSTRUCTION CO REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55616 i 38 36-..T8-23 21 0028 00038 ADDRESS UNASSIGNED SUGAR HOODS HOMEOWNERS ASSOC SUGAR WOODS HOMEOWNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS HN 55616 38 36-118-23 21 0030 00038 ADDRESS UNASSIGNED SUGAR HOODS HOMEOWNERS ASSOC SUGAR HOODS HOMEOWNERS ASSOC C/0 REBERS CONSTRUCTION CO 3525 WEBSTER AVE MPLS MN 55616 38 36-118-23 21 0032 00038 ADDRESS UNASSICNED SIDNEY B ■ BARBARA REBERS SIDNEY B I BARBARA REBERS 3525 WEBSTER AVE ST LOUIS PARK MN 55616 38 36-118-23 22 0015 00038 ADDRESS PEM>1N0 C 8 L OTTEN CLIFFORD I LOUISE OTTEN BOX 269 LONG LAKE MN 55356 38 36-118-23 22 0019 00038 ADDRESS UNASSIGNEO CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 36-118-23 22 0020 00038 ADDRESS UNASSIGNED C t L OTTEN CLIFFORD 0 LOUISE OTTEN BOX 269 LOm LAKE MN 55356 1; u .... 38 36-118-25 26 0058 00038 ADDRESS UNASSIGNED SIDNEY B 0 BARBARA REBERS SIDNEY B K BARBARA REBERS 3525 WEBSTER AVE ST LOUIS PARK MN 55616 72 36-118-23 23 0009 00520 BRINNALL AVE JAW PROPERTIES INC JAN PROPERTIES INC P 0 BOX 703 BRAINERO MN 56601 72 36-118-23 23 0053 02205 WAYZATA BLVD W PERRY'S VENTURES INC PERRY'S VENTURES INC 2205 WAYZATA BLVO H LONG LAKE MN 55356 72 36-118-25 26 0002 02073 WAYZATA BLVO W GREGORY M SHAUGHNESSY LONG LAKE FORD TRACTOR INC 2073 H WAYZATA BLVD P 0 BOX 697 L(mG LAKE HN 55356 irUN DATE BATCN 50A fBOP ADDB ONNCB HAHE TAXPAVEB NAME/ADDB i jA;H V' ■ ■ii;r>-xJ. * i HEHNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST REPORT NO. PIA3SAA1 PAGE 12 72 SA-118-23 2A 0RA8 02A73 WAYZATA BtVD N GREGORY M SMAUGMNESSY LONG LAKE FORD TRACTOR INC 2873 W NAYZATA BLVD P 0 BOX 887 LONG LAKE MN 55358 TOTAL BATCH 588 08018 01 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE INNNEPIN COUNTY OEPARTHENT OF PROPERTY TAXATION, TO THE REST OF HY KHOWLEDCE AND BELIEF n4 DATE tt L*' T,/> C*V i*Jj ^4- * .# #* r^i|;<.: SUGAR WOODS 2ND ADDIW , W*; '■-'•’SWi^,;'.r<*;f 'i! ■■*.•.'. t -•'.I- '•■•,'•■ • A.' '•►v.i.rrt-.'.: EXISTING BUILDING 1 ^ V# / / RESIDENTIAL PROPERTY I 4*^ • /\ / N X i029. ^ ^ • * / « \./:. j r.'l-r^ rj- ‘’\ :■ i'Sfi iI > J___A \ yJZ4f V 5 87UV0L -153.42- • T- • 9 tl i t f f f I • 4« « /« l‘ •j ■ \ —FOUND JLM SET PER TORRENS CASE NO. 17100 (DISTURBED BY CONSTRUCTION) .o'' I f \ ! X I0W.5 '/////.■' ■-'•■ proposed ■• LOT 1, BLOflK 1 ^ AREA = 41,612150. FT. I » - - M ' \ I tA 9• • • • f «?. MnDOT R/W \ MON. B5109 ^^-HIGHWAY R/W—.^ A V' CV FD. MnDOT R/W MON. B5229 0.18 WEST OF COMPUTED POSITION----- SW CORNER OFc^ OUTIOT ---------- JOOi H-----50:t-\-Li • VI PARCEL — • • ^ 0 >J EXISTING BUILDING 1/ [/ / / / / y ’////\ /fX7S77A/( /$UILDIN( / J42A MnDOT R/W PLAT NO. 27-70 / •V .SE CORNER OF ^S/PUTIOT E wn.OY •4- I o Ti Ti wnoor /?A MON. By. .V <^ V .......>Va A ^♦So' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 972 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS II SUBDIVISION FOR PROPERTY LOCATED AT 2190 WAYZATA BOULEVARD - FILE NO. 2212 WHEREAS, Sidney and Barbara Rebers (hereinafter the "Applicants") on February 19, 1997, filed a formal subdivision application with the City of Orono (hereinafter "City") for approval of a replat of property legally described as: Outlot E, Sugar Woods, except that part shown as Parcel 342A on Minnesota Department of Transportation Right-of-Way Plat No. 27-70, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, this replat is proposed for the purpose of converting said Outlot E to buildable lot status in order that the Propertj' may be developed, as required by the City as a condition of the plat of Sugar Woods; and WHEREAS, after duly published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on March 17, 1997, at which time all persons desiring to be heard concerning this application w’ere given the opportunity to speak thereon; and WHEREAS, at its regular meeting held on April 14, 1997, the Orono City Council considered the subdivision application of the Applicant and made the following findings of fact: 1.The property is located within the B-1 Retail Sales Business Zoning District requiring a minimum lot area of 20,000 s.f. and a minimum lot width of 100. The property contains a total area of 41,612 s.f. and has a defined width of approximately 146'. 3.The proposed plat consists of one commercial lot meeting the minimum lot standard requirements of the B-1 Zoning District. Page 1 of 9 ■aiii i. 6. 7. 8. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 72 The property is served by municipal sewer and water. The property abuts U.S. Highway 12 as well as Outlot D, Sugar Woods, a segment of a proposed future frontage road corridor platted within Sugar Woods. In 1987 the City adopted Comprehensive Plan Amendment No. 2 which planned for the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12. In 1987 it was anticipated that traffic on Highway 12 would continue to increase as a result of the upcoming completion of Interstate Highway 394. The purpose of this planned frontage road was to reduce and/or eliminate access directly to and from Highway 12, generally for safety and traffic flow reasons. Comprehensive Plan Amendment No. 2 specifically addressed road improvements needed prior to development of the conunercial corridor as follows: "Prior to the development of the commercial portion of this property, the existing intersection at Brown Road and Highway 12 shall be improved so that safety concerns associated with the current use and future increased use of this intersection are addressed. Configuration of the frontage road and North Brown Road would be determined at the time of development." Orono ’s 1994-95 reconstruction of Brown Road alleviated alignment concerns with the 12mrown intersection, and Mn/DOTs 1995-96 safety improvements on Highway 12 similarly alleviated a number of safety concerns. The plat of Sugar Woods, completed in July 1989, included nvo commercially zoned parce’s (Outiots E and F) abutting Highway 12. These two parcels were platted as outiots, rather than as buildable lots, because the Applicant at that tune wished to delay decisions regarding future access to the commercial property until such time that it was developed. The Sugar Woods plat conformed to the comprehensive plan by creating Outlot D, a short segment of the proposed future east/west frontage road. Outlot D, however, only provides a corridor from the west boundary of Sugar Woods to Page 2 of 9 'vliPiRiE^ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 9 72____ a 9. 10. 11. the northwest comer of Outlot F. The City's intent in approving the plat of Sugar Woods was that at some future time when Outlot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. On December 12, 1988, the Orono City Council adopted Resolution No. 2554 granting preliminary plat approval, conditional use permit and variances for the plat of SUGAR WOODS. Page 8, paragraph 4.E stated that the subdivider's agreement should: "Clarify that Outlot D (portion of future east/west road) is to be fully developed at the time of future development of the commercial corridor. The access road will be fully installed at the time of either the applicant's development of the commercial corridor or 2is a result of any other condition ^at may require the installation of the road prior to applicant's development of the commercial corridor." The foregoing language was not put in the subdivider’s agreement, but it was put in the resolution granting final plat approval. On July 10, 1989, the City Council adopted Resolution No.2653 approving the final plat of SUGAR WOODS. Page 4, paragraph 4 stated: "4. Outlot D, a portion of future east/west road located within the commercial zoned portion of the property, shall be installed at the time of the development of Outlots E or F or the development of the Wear property (unless the City has obtained an alternate legal access through Outlot E to the Wear property all subject to the approval of the City)." Pursuant to the terms of the preliminary plat resolution and final plat resolution, on September 8, 1989, Rebers Construction Co. and Sidney and Barbara Rebers granted public roadway easements over Outlot D to the City of Orono. Said easements were filed with the Hennepin County registrar of Titles as Document Nos. 2038791 and 2038792. Page 3 of 9 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 72_____ 12. 13. Thereafter, the Orono Building & Zoning Administrator and City Attorney objected to certain terms of said easements; said easements were renegotiated between the City and the Applicants; and a replacement public road easeirient over Outlot D was granted to and accepted by tlie City subject to the following: ”1. No road shall be installed by Grantee until a building permit has been issued for construction of a commercial building on Outlot E, SUGAR WOODS (in which case the road may extend no further east than the Northerly extension of the East boundary of Outlot E) or on Outlot F, SUG.AR WOODS (in which case the road may extend the full length of Outlot D). "2. The south edge of any road built by grantee shall be no further North than the South boundary of Outlot D, SUGAR WOODS. "3. If and when a frontage road or service road is built connecting Outlets E and F, SUGAR WOODS, across land South of Outlot D, SUGAR WOODS, or an easement for such a road is dedicated, granted or condemned, this easement shall automatically expire.” (Quit Claim Deed dated May 30, 1990, recorded June 25, 1990 as Registrar of Titles Document No. 2105974.) It appears that Interstate Highway 394 will not be extended along the cunent corridor of U.S. Highway 12; it appears that a bypass route will be extended from the current freeway terminus near the easterly boundary of Orono to the intersection of Highway 12 and County Road 6. When this bypass is operational, traffic on Highway 12 adjacent to the Prcpert>' will decline. However, the resultant traffic volumes on Highway 12 adjacent to the property at that time are anticipated by the City to be at a level that would generally indicate the need for a limited access highway. Page 4 of 9 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 72 _ 14. 15. 16. 17. 18. 19. The Council finds that although the ultimate access for the Property should be via a frontage road, the form of future development of the adjoining and nearby properties should be taken into account at the time the frontage road is developed. Such future development has not been determined, but it will influence if, how, where and when the frontage road is constructed. Therefore, the Council chooses not to install the Highway 12 frontage road through Outlot D, SUGAR WOODS, at this time, whether or not Outlot E is developed with a commercial building, without waiving its right to require or order such installation in the future. The Council finds that suitable interim access to Outlot E from Highway 12 may be possible ijsing the Mn/DOT right-of way directly west of Outlot E, which would allow an access to be constructed opposite Brimhall Avenue. Such an access location affords an opportunity for shared access to serve the adjacent property in the plat of East Willow Woods. Outlot D, Sugar Woods, is intended to serve as a trail corridor as well as a frontage road corridor, and therefore requires a continuous width of 60' in order to accomot both uses. Outlot D currently is 60' in width at the west end but tapers to a width of 40’ at its east end. Additional right-of-way is needed by the City via creation of an additional Outlot and granting of drainage, utility, road and trail easements in order that the 60’ corridor be provided. The City Engineer has additionally recommended that a 5' drainage and utility easement be granted along the south side of the added right-of-way outlot, within proposed Lot 1. The easement granting the City rights to develop a frontage road in Outlot D does not grant an easement for drainage or utilities purposes, which is necessar>' in order for the City to use it for the intended purpose. Proposed Lot 1 is subject to the Park Dedication requirements of Municipal Code Section 11.62. Page 5 of 9 CITY of ORONO eSHO. RESOLUTION OF THE CITY COUNCIL NO. 8 9 .7.2------- 20.Any development proposed within proposed Lot 1 will be subject to a commercial site plan review process before the Planning Commission and City Council. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminar y plat application of Sidney and Barbara Rebers per plat drawings by Wayne D. Cordes, a licensed surveyor employed by BRW, Inc. dated March 4, 1997, for the conversion of the Property into Lot 1, Block 1, and Outlot A, SUGAR WOODS 2ND ADDITION, subject to the following conditions: 1.Lot 1 shall be allowed direct access to U.S. Highway 12 only if the applicants are successful in relocating their existing access to Highw'ay 12, by obtaining an access permit from the Minnesota Department of Transportation (MnDOT) permitting access over the triangular parcel of land owned by MnDOT across from the intersection of Brimhall Avenue and Highway 12. Any direct access to Highway 12 which is not directly opposite Brimhall Avenue will not be allowed. 2.The right-in/right-out access of Lot 1 to Highway 12 at Brinhall Avenue is approved on a permanent basis. The left-in/left-out access of Lot 1 to Highway 12 at Brimhall Avenue is approved on an interim basis. At such time as a frontage road is installed to provide alternative access to Lot 1, the City shall have the right to terminate the right-in/right*out access at Brimhall Avenue upon payment of just compensation and the right to termnate the left-m/left-out access ?• -Jiimhall Avenue without payment of any compensation; provided that Lot I's access to Highway 12 will not be terminated unless the Highway 12 accesses of the other parcels served by the frontage road are similarly terminated. 3.TTie City reserves the right to control access to Lot 1 from the Wear property directly east of of Lot 1 in the commercial site plan review process. Applicant Page 6 of 9 'Jh CITY of ORONO RESOLUTION OF THE C!TY COUNCIL NO. 8 9*^^ shall, if found necessary by the City, place barriers to prohibit access from the Wear property. 4.Lot 1 shall bear the total reasonable costs of constructing the portion of the frontage road directly adjacent to Lot 1. If the frontage road is built, the owner of Lot 1 reserves the right to contest the necessity and feasibility of the frontage road improvement. The Council will require at the time of final platting security in the form of a cash escrow, letter of credit or other form of security acceptable to the City. 5.Applicant shall grant the City a drainage, utility and trail easement over Outlot D. 6.A triangular segment of right-of-way shall be platted as Outlot A, SUGAR WOODS 2ND ADDITION, per Exhibit A attached, and applicant shall grant to the City road, trail, drainage and utilitJ'*s easements over said Outlot A. 7.Applicants shall provide confirmation that the existing stormwater pond is viable to serve Lot 1, or shall provide a new comprehensive stormwater plan for Lot 1 and Outlot F, SUGAR WOODS, subject to approval of the Minnehaha Creek Watershed District and the City Engineer. 8.Applicants are hereby advised that preliminary subdivision approval will expire within one year of the date of Council approval, on October 13, 1998. Should Applicants fail to complete the filing of the final plat application within the one year deadline, it shall be necessary for applicant to file a new preliminary subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the Page 7 of 9 4 n: Co^ GITYofORONO 3. 4. RESOLUTION OF THE CITY COUNCIL NO. 8 9 7 2 City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include; A.Lot lines platted per preliminary survey by Wayne D. Cordes dated March 4, 1997. B.Dedication of drainage and utility easements 10' wide along the exterior boundaries of the Property. C.Designation of Outlot A per Exhibit A attached, to serve as an expansion of the frontage road corridor. 2. Legal documents required: A. B. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. C.The applicant must provide certified copies of all recorded easements currently affecting the Property. Signed and executed road, trail, utility and drainage easement over Outlot A, SUGAR WOODS 2ND ADDITION. Signed and executed trail, drainage and utility easement over Outlot D, SUGAR WOODS. 5. Peer be paid: Total due: $ 200.00* A. Legal review and filing fees for subdivision and associated documents $200.00 Page 8 of 9 4 I J-l 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 72 B.'^Park dedication fee, the amount of which shall be determined as soon as City Assessor has placed a fair market value on the imdeveloped land at the time of preliminary plat approval. The applicant shall be advised as soon as Assessor's report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lot 1. Adopted by the City Council of the City of Orono, Minnesota at its regular meeting held this 13th day of October, 1997. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this iK'S'day of , by Gabriel Jabbour & Dorothy M. Hallin, Mayor ^ City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument wjs executed on behalf of the City. **®*“Tsss'«f***niLINDA S. VEE NOTABY PUBLIC-MIHNESOTA «NN£PtN COUNTY « Ccmmissicn &P'fes Jw. 31. aW _ Page 9 of9 ''I ^OM LEONARD.^^TREET k DEINARD (THU) 4.24‘97 14;44/iLl. 14:27-NU.42604SS955 j. EXHIBIT 3 9?S, A V*v a:: •| .n"- m. ••■ • • -• — fx • ^ ^ / \ ---------------------------\ V f% DNi>fyvd snoNmru/8..^^ \ ySdY DNi>!dVd snoNinr M „00,6kZ0 S p-£9 'S6S------■010 '^SOOOM dvons- if3d lN3lri3SV3 Ajuun QNV 30VNi^a-^-‘ d3Ni0r0Y . A$^ V3dV 03M01e/-»^' ...........aS ^-• bjo-«, w. ~ " ■zioi .......................... HIHON 4® F cmroT ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 November?, 1997 Sidney & Barbara Rebers 6916 Dakota Trail Edina, MN 55439 Re: Subdivision Application #2212 - Park Dedication Fee Dear Mr. & Mrs. Rebers: The City Assessor has placed a Fair Market Value of $3.05/s.f. on Lot 1, Block 1, Sugar Woods Second Addition for park fee calculation purposes. The area of Lot 1, Block 1 is approximately 41,072 s.f. by my calculation (41,612 sf - 540 sf for Outlot A=41,072 sf). The Fair Market Value is therefore 41,072 sf x $3.05 = $125,270. The 8% park fee per City Code Section 11.62 Subd. 3B is calculated as .08 x$ 125,270= $10,021. This amount will be due prior to final plat approval. Please contact me at 473-7357 if you have any questions. Michael P. Gaffron Senior Planning Coordinator end. cc: Steve Pflaum Tetephonc (612) 473-7357 • FAX 473-0510 1 30066 '•V . V i\ CITY of OKONO Municipal Offices PostOfficeBo*66 Crystal Bay, Minnesota 5532W»66 TO: Orono Zoning Department FROM: Rolf Erickson, City Assessor date : //-^ - j7 ________ RE: Park dedication fee of: v-'isiovv li2-Z?~2.l-0032- OfcasWt C >rCv Ow iJIGiZ *@ $3.05 $. 2 c.i 00- telephone -473-7357 • FAX-473-0510 j-04-1997 10:58 BRU BRW INC Punning TraiMpuf^lkm lt>ginttfiag Uib«aD«iigii ThrM^<f Square! TOOTIiMScmeSo. Miftnr9poli>« MN5S415 6U/S70*0700 P»a612/371H378 Dtnvtr MSwaukH MLnA««poUi Newark OrUndd PKocnix FortUnd SonDIcgo StAidt 612 370 1378 P.02/02 Temorandum (^-1 DATE;August 4,1997 TO:Mr. Steve Pflaum LEONARD, STREET & DEINARD ISO South Fifth Street Minneapolis, MN 55402 By FAX 335-1657 FROM: Wayne D. Cordcs, LS SUBJECT: Relocated Access Driveway - "SUGAR WOODS 2ND ** Orono, Minnesota As a follow-up to our phone conversation today. I have received confinnotion from Bill Warden, Mn/DOT Permits Section ( 582-1443 ) that they will j^prove a new point of access to die Rebers parcel. The new access will be at die intersection of Hwy. 12 and Brimhall Avenue. A full turning movement access is proposed with Mn^OT suggesting a possible right turn lane, adjoining the Rebers parcel, to be constructed along the westbound Hwy. 12 to provide improved traffic movement. Mn/DOT will not issue a permit for construction until complete construction plans are reviewed and approved. You should expect a minimum 30 day review and a construction bond will be required before construction is allowed for the new driveway. Relating to the City condition of approval for the relocated driveway, Mr. Warden suggested that Ron Moorse at the Ci^ call him to confirm die approval. I have called Mr. Moorse to inform him of the approved access, and that he should call Mr. Warden to confirm the issue. This is the extent of the approvals that we will get firom Mn/DOT without complete construction plans. Mn/DOT will issue a addendum to the plat review letter, oudining the proposed access driveway requirements to be incorporated into final plans. Please advise as to the schedule for completion of the final plat and or die sale of the property. Call me with any questions, my direct ph. # 373-6403 .¥ TOTAL P.02 -------- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17,1997 (rr6 - #2214 Richard Ko2dcky - Continued) The applicant asked for a recommendation regaiding the driveway configuration. Gappa said he would assist the applicant with making that determination. Lindquist asked the applicant to work with Staff regarding changes to the proposal from the input given at the meeting. Mrs. Kozicky said she understood the Commission to recommend less structure as being more desirable than less hardcover. Commissioners agreed. McMillan suggested tradeoffs be considered. Smith moved, Berg seconded, to table Application #2214 to the April meeting. Vote: Ayes 5, Nays 0. (#2) 7:30 P.M. - #2212 SIDNEY AND BARBARA REBERS, 2080/2190 WAYZATA BLVD. - PRELIMINARY SUBDIVISION, CLASS HI - 7:42-8:57 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Gafifon reported that the application is a request to convert Outlot E, Sugar Woods, to buildable lot status to enable development of the property for commercial use. Outlets E and F were created when Sugar Woods was platted. The intention was to eliminate the need to detail the development of the primarily commercially zoned property until a future date. Outlot E is zoned B-1 (see rezoning. Agenda Item #3). The 1987 Comprehensive Plan Amendment No. 2 included the future development of a frontage road between Brown Road and Willow Drive, paralleling Highway 12, to eliminate direct access to Hwy 12. Outlots E and F in the 1989 plat of Sugar Woods need to be converted for this to occur. The Sugar Woods plat conformed to the comprehensive plan by the creation of Outlot D, a short segment of the future east/west frontage road corridor. This only provides a corridor from the west boundary of Sugar Woods to the northwest comer of Outlot F. Outlot F would continue the corridor when developed. Outlot C of East Willow Woods was then created providing a corridor connecting the west side of Sugar Woods westward to Willow Drive. "The corridor was platted and the City has an easement over it. The issue of cow. • . • k -t < ,t property to buildable status relates to the access issue and is identified as folio • « 1) Should Outlot E be allowed to develop with its only acces.^ directly to Highway 12? MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) 2) How do the 1995-96 safety improvements to H\v>-12 impact access to Outlot E? Is a shared access with adjacent Wear property necessary? Stoddard was informed that there would be no effect on the Wear property’s gas pump access as there is a third access. However, this does not solve the access issue for the east boundary property as it would require making U-tums which is not deemed desirable by the City. 3) Will the expected future relocation of Hwy 12 in the next 5-10 years effectively reduce the amount of traflBc on existing Hwy 12 to eliminate the need for a frontage road? 4) If the traffic levels are not reduced, should the conversion of Outlot E to buildable status be the trigger for construction of the frontage road? Gaffron cited the potential traffic volume impacts of the Highway 12 relocation. It was noted that Mn/DOT projects through traffic will use the new bypass and the traffic the current corridor will decline. The current H%vy 12 traffic through Long Lake isp,0W cars per dav. Under the "no build" option, the traffic would increase to 25,000 by 2015 with a three-fold increase on CoRd 6. Under the "Alternate 6 North" plan, Hi^ l^yaffi^ is e.xpected to decline to 14,600 cars by the year 2015. This traffic level is still significant considering a daily traffic volume above 10,000 cars generally requires a limited access 4- lane roadway with service roads. Hwy 12 is projected to remam two lanes only. The Hwy 12 safety improvement plans included medians and turn lanes which preclude direct access to the applicant’s parcel by eastbound traffic unless through the easterly Orono Shopping Center access The City feels it would not be appropnate to ^low Outlot E’s traffic to use that access. An anticipated future curb cut for Outbt E would be a right-in/right-out access and would necessitate U-tums for eastbound traffic which the City deems inappropriate. Gaffron said the City does not beUeve modifications >^1 be made to the median in the future to provide eastbound ingress/egress directly to Outlot E. Gaffron reported that the City’s preference for a frontage road would reduce/eli^^e direct access to Hw>' 12 and bring the traffic to a semaphored mtersection at either Brown Road or Willow Drive. The preliminary plat of Sugar Woods was conditioned on the frontage road being fully installed at the time of either the applicant’s development of the commercial corridor or as a result of other conditions requirmg the installation ^^^^d prior to the development of the commercial corridor. The conditions of the bugar Woods plat approval resolution indicate that installation of a road segment in Outlot D must be concurrent with development of Outlot E. 7^1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Gafiron indicated that the City was granted road and utility easements over the East WiUow Woods and Sugar Woods frontage road segments when platted but ownership of the outlots remains with the respective developers. The specific conditions of the easements allowing the City the right to build the road within Outlots C and D are limited The Otten easement states that no road shall be constructed until the following occurs. 1)The owner of Outlot C, East Willow Woods, requests it to be built; or 2)Until an east/west frontage road is constructed from Willow Drive to Brovvn Road with southerly extensions from Sugar Woods to Hwy 12 and another lining up with Brimhall Lane; or 3)Upon rezoning of the two residential properties north of East Willow Woods to commercial; or 4)Upon development of Otten's easterly parcel as a separate entity from the currently developed westerly parcel, unless the City determines that no access is required for the easterly parcel. A right-in access currently exists from Willow Drive to the Otten property. Gaffron further explained the limitations of the City’s Sugar Woods easement m relation to occurrences on the outlots. The development over Outlot E allows the construction o a 150' segment of frontage road adjacent to Outlot E. The easement over Otten s Outlot C precludes the segment of road until the entire frontage road is built from Brown to Willow. Gaffron questioned whether a 150* segment of frontage road would be desirab e. The access impact on business development of Outlot E will likely determine how the buildings will be oriented. As a result, the developer will need to know whether or not the frontage road will occur. If that is unknown, the buildings would likely be onented to the south. It was noted that since a semaphore currently exists at Willow, it would be appropriate from a traffic flow standpoint to develop the service road westward from Outlot E to Willow Drive prior to the development on Outlot E to eliminate the U-turn problem. Gaffron indicated that additional items to consider include a trail corridor. The e.x^ing sidewalk pathway on the north side of Hwy 12 is not the trail that was envisioned for the area. To mamtain 60 ’ of roadway to allow a trail to be constructed would require an additional triangle of right-of-way to be platted at this time with road/utUiiy/dramage casements granted. GaSron noted the City Engineer has requested drainage and utility casements be granted over Outlot D since this did not occur when Outlot D was platted. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued)4 Gafiron informed the Planning Commissioners that Stafi'; t-commends approval of the conversion of Outlot E to buildable lot status under conditions 1-5 as noted in the Stall memo. The applicant's representative, Steve Pflam related the history behind the subject property as it relates to development of Sugar Woods and Highway 12. He indicated that the service road has been opposed to by the property owners. This opposition is indicated by the number of conditions placed upon the outlots and their future development. Pflam indicated the property owner, Mr. Sid Rebers, has a potential buyer of the property who would like to maintain the e>dsting access. Rebers does not want to pay for the frontage road. Pflam said Rebers believes he has legal access to Hwy 12 which w'ould not preclude the City from building the service road or eliminating access to either. Pflam said the issue is one of restricting property by the placement of conditions relating to a frontage road. He also believes the property owner should not be assessed for the frontage road as it would be a public road connecting to other public roads. Pflam believes the purpose for the frontage road is eliminated by the relocation of Hwy 12. Pflam does not believe the lot status should be tied to the frontage road. Pflam said the issue of the median can be addressed by addressing the triangular piece of land owned by Mn/DOT and allowing access from Brimhall Lane to Hwy 12. Lindquist inquired about the curb cut from Hwy 12 into the property. Gaffron said the Hwy 12 improvement plan notes the 1979 curb cut but does not define the location of the curb cut. Mr. Rebers said the original curb cut included a cut to Outlot F, originally for access to a residential property owned by Hazel Meyers and was moved to Outlot E. He indicated there is still a curb cut to Brown Road but an increase to the size of the holding pond would restrict the curb cut. Rebers said he had planted a buffer of trees between the residential and commercial areas, and the frontage road would be forced to run along the yards of the homes in Sugar Woods. He reported having had many offers to purchase the property but has waited to sell until receiving an offer from a compatible use like the bank to protect the sensitivity of the area. Rebers noted the service road by the Otten property nearly touches Dickey Lane to the north. Rebers indicated the highway department has said no more improvements would occur on Brown Road in regards to a stoplight and indicated U-tums are legal if no postings are made. Rebers said he does not wish access to enter his property from the Wear property. During public comments. Cliff Otten indicated he did not want a service road. He noted the service road was considered due to the future development of Hwy 12. He had requested the road be placed to the rear of his property but he feels this was a mistake as he subsequently lost 30' to the Hwy 12 safety improvements. Otten said he does not believe the need for the service road exists any longer. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17,1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Pflam asked the City to wait for development of Outlet F to occur. He noted the ideal use of that property wouid be a single office building which is being considered. He access for such a building could come from Brown Road with a cul-de-sac to the budding. The easement would still exist if a ftiture need was determined. Council Member Flint questioned where the trail would be placed if the road was not built. Otten did not see the need for the trail with the existing sidewalk. Flint reiterated the sidewalk was a temporary solution and did not have the required trad width. Pflam was of the opinion that the trad could be budt by Hvvy 12. Stoddard asked what the City’s intention was for building the frontage road. Gaffron said the Comprehensive Plan called for the road as a P'^rallel corridor to Hwy 12 in respond to the increasing traffic load and to eliminate direr, access onto Hwy 12. G^ron said ffie traffic will continue to increase forcing U-tums to occur which is not desired by the City. He noted the existing problems with access on and off Hwy 12. Gaffron said it may be reasonable to construct the frontage road from Willow Drive to the outlot noting there will be financial and easement limitations. McMillan mquired if the applicant envisioned two accesses to Outlot F from H\^ 1 an Brown Road. Pflam said both accesses were possibilities and two separate legal accesses exist, one at 2160 Wayzata Blvd. and one along Hwy 12. Lindquist read a letter into the minutes from the City Engineer indicating the need for roadway and utility easements. The City Engineer noted the existing plans for the east- west frontage road and indicated development should be tied into the plans. Rebers said he is concerned with the location of a service road near the residential lots wid impacts on safety. Smith inquired if there was the ability to make additional changes to Hv^ 12 as exists today for a front access. Gaffron said no. He indicated the lack of a defined road corndor through Outlot F leaves the possibility to develop where desired md ^ernpt to attract the type of buyers that would benefit the property. Gaffron said it is N^OT s mtention t erwte a right-in, right-out access for Outlot E with no changes to the medians or a service road. The question is whether development of Outlot E should occur pnor to the service road being built. McMillan questioned whether there was a possibility for a spur road ah^ng with BrimhaU Lane to Hwy 12 without a left turn lane. Gaffron said the road was widened at that point which would allow the possibility of a lefr turn lane. McMillan was of the opinion that this would be a good alternative. She would like the service road to be platted in case use intensifies in the future. ■■A i r ^ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 17, 1997 (#2 - #2212 Sidney and Barbara Rebers - Continued) Berg asked the size of Outlet F and its intended use. Rebers said the property was 6.6 acres. When questioned whether he would focus on a use that would generate low tr^c, Rebers said he envisions an additional perimeter buffer to save trees and impose a budding setback larger than the 30' setback allowed. His intent is not to maximize the use of the land. Stoddard was informed of the number of U-tum areas along Hwy 12. The Plaiming Commission discussed the number of options relating to right-in, right^ut access, U-tums, access from Brown Road, and triggers for future development. Gaffron inquired if the development of Outlot E should be the trigger as noted m the conditions of Sugar Woods or if the Commission was satisfied with Outlot F being the trigger. Stoddard moved, McMiUan seconded, to approve Application #2212 with approval for a right-in. right-out curb cut subject to applicant being required to pay for any future road or bike trail on the north side of said lot. Lot 1 would be subject to utility and dramage easements continuing along Outlot D and subject to any future development between Willow Drive and Brown Road along the Hwy 12 corridor. The applicant would be bound by the City’s requirements for road access. The right-'m, right-out access would be eliminated when the frontage road is built. McMillan questioned whether the motion was too restrictive and if the option of ali^ng with BrimhaU could be reviewed to allow for total crossing of Hwy 12, which would benefit safety. Stoddard did not recommend amendmg the motion but said applicant could discuss the possibiUty with Mn/DOT. Pflam said the applicant was negotiating with Mn/DOT regarding the pond and could consider the Brimhall option. Cliff Otten said he would offer his support of the Brimhall option. Smith inquired if a shared curb cut c: ild occur with a bank and the Wear property. Gaffron said Wear would haw, to be consulted, and there were possible safety concerns. Vote: Ayes 5, Nays 0. (#3) 7:45 P.M. - #2224 CITY OF ORONO, 2080/2160/2190 WAYZATA BLVD. REZONING - 8:58-9:00 P.M. The Affidavit of Publication and Certificate of Mailing were noted. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 & (#5 - #2204 Fullerton - Continued) Vote; Ayes 3. Nays I, Goetten. Goetten's vote was made for reasons stated. She supported the application but recommends the Park Dedication fee be reso ve pn any approval of the application. Winston felt the cese should be reviewed ad hoc, case by case. Radio ind.cat^ wMe the Supreme Court allows for case to case study, it does not allow any applicant meal the fee either. He indicated the imposition of a maximum fee would provide some certainty. He also noted that the Executive Session is only being held because oft threat of litigation from this application. The applicant was present along with attorney, Steve Pflam. Gaffron reported that the application is for preliminary subdivision and the conversion of Outlot E, Sugar Woods, to buildable statui The outlot was created from a parcel ot land remaining from the Sugar Woods plat for future commercial development consisting ot Outlots E and F, which is the Orono Shopping Center. At the time of the plat, a comprehensive plan amendment included a frontage road to serve projected commercial development. The Sugar Woods plat conformed to that amendment with the creation of Outlot D This outlot only provides a corridor from the west boundary of Sug^ Woods to the northwest comer of Outlot F. The intent was that at some future time when oudot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. Outlot D was platted because the City needed a ^rridor that would traverse the Wear property located between Outlots E and F. Outlot C of East Willow Woods was platted, providing a corridor connecting from Outlot E of Sugar Woods, westward to Willow Drive for future frontage road. O i 4 'I 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRH. 14,1997 (#6 - #2212 Rebers - Continued) Gaffi-on indicated that access is the primaiy issue with the conversion of tbs outlot to buildable lot status Outlot E meets the minimum lot area and width standards for a building site in the B-1 District, and the only variances which may be necessa^ for its development would be related to specific building and site layout issues. A ^ cut for a right-in, right-out ingress/egress resulted from the safety improvements for Highway 12. These improvements did allow for a future curb cut but with a median across it. Gaffron noted that the comprehensive plan limits access to Wghway 12. Although the "Alternative 6 North" proposal for the Highway 12 comdor would move substantial traffic off of Hwy 12, the current Hwy 12 would continue to have a high traffic count. The projected count would still warrant a limited access roadway with service roads for access to adjacent properties. The Planning Commission had discussed the access issues as outlined in the 4/2/97 memo on page 2 relating to traffic on Hwy 12, safety improvement impacts on access to Outlot E, shared access, and factors that would trigger construction of the frontage roa . The olan called for a road within Outlot D to be developed at the time of development of Outlot E or F for a fully completed frontage road. The City has easements over Outlets C and D to Willow Drive. The existing drainage pond was developed as part of Sugar Woods. The City would require confirmation that the pond would be able to handle the additional drainage from development of Outlot E. Gaffron stated the Staff recommendation differs from the Planning Commission review outcome. The Commission recommended unanimous approval of the prelimin^ subdivision and change in outlot to buildable status with a temporary right-in, nght-out access subject to future construction of a frontage road. Other conditions are noted on page 7 of the 4/10/97 memo. The Commission suggested the applicant investigate the possibility of a shared curb cut with the Wear property and the possibility of creating an access across from Brimhall Avenue which would serve both Outlot E and the East Willow Woods future development. Gaffron said the Staff recommendation would follow the comprehensive plan and would not allow this development to occur until the frontage road is in place. Staff recommendation includes seven conditions as noted on page 6 of the 4/10/97 memo. Steve Pflam relayed the history' of the property owned by Rebers. At the time the outlot was so designated, the City and applicant disagreed about the need for a frontage road. This and several other lots were platted separately so there would not be the need to obtain right-of-way from Sugar Woods development for the future frontage road. The fi'ture frontage ro?d was not extended eastward as it was felt it could be dealt with when Outlot F and the t to wesi of the Rebers property were developed. When Otten’s property was developed, a piece ofland was obtained for the future frontage road. A right-of-way was granted with restrictions. .1 II I !■■ ■ ■ — I ■ l<^ ial~ II .• MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 {U6 - #2212 Rebers - Continued) Pflam said the applicant's major objection to the frontage road is the property is zoned commercial and already has legal access to Hwy 12. The applicant does not currently have plans for Outlot F and would agree to revisit the frontage road issue when that property is developed. Pflam said the applicant is seeking a buyer who would use the entire property rather than subdivide it into smaller lots. Pflam said the service road is laid out for use by a large number of businesses and, as such, would not be needed if only one business was developed on Outlot F. Pflam asked for approval of the outlot to buildable lot status. The applicant does not want to reorient the lot to the rear and lose Hwy 12 access. Pflam said he felt the City does not have the resources to fund the service road. Pflam said the comprehensive plan has been affected dramatically by the relocation proposal of Hwy 12. Pflam indicated it was discussed at the Planning Commission meeting for a right turn in and out with a median. Commissioners raised the question of relocating the access to the west to line up with Brimhall. Pflam said he discussed this possibility with Mn/DOT, who owns the triangular piece of property. The applicant has applied for a permit for such an access. Pflam indicated the median is wide enough to support a stacking lane if needed. Pflam said this access could be used by the Rebers and Otten properties. Pflam asked for approval of the replat to a buildable lot without loss of access to Hwy 12. He said the applicant is prepared to meet all conditions including the 60' wide right- of-way for a future road or trail. Cliff Otten said he agrees with the plan as presented by Pflam for access. He said he does not see any need for a service road. Otten and Rebers informed Jabbour that they were planning their properties in light of the Alternate 6 proposal for Hwy 12. Kelley asked for clarification on the covenants on the property if an easement was granted. Gaffron reviewed the easement limitations as noted on page 4 of the 4/10/97 memo. Goetten noted she agreed with Staff regarding the service road but questioned whether the City can legally enforce it with the pre-existing conditions. Radio said he thought it would be difficult for the City to require construction of the service road. Kelley asked if the applicant would be willing to combine access for the bank property (Outlot E) with the Wear property. Pflam said he would be willing to discuss this possibility with Staff and Planning Commission. Kelley was concerned that people would drive through the Wear lot to the bank property. Pflam said a barrier could be built. I iiMnniiTfiimaniyii«ttfrr MINUTES OF THE REGULAR ORONO CITY COUNCU MEETING HELD ON APRIL 14,1997 (#6 - #2212 Rebers - Continued) Kelley asked Otten if he would be willing to vacate his existing easternmost access if a shared access from Brimhall was approved, Otten noted that he points on Hwy 12, one right-in only and one nght-in. nght-out. Kelley asked that the Less currently used for nursery stock be eliminated. Otten said he wouW consider it. Otten noted that a joint access would also become the new access to the City weU. Moorse explained Staffs concern for access related to the development of the commercial properties. When looking at the issue from a long term standpoint. Moorse recommendcii that it would not be beneficial for all the traffic from this development to enter onto Hwy 12. The next development will set the tone for the remaining commercial development. While understanding the parcel is small, it will onent all access onto Hwy 12. Jabbour agreed that Staffs recommendation made sense from a planrung newpoint but questioned whether it can legally be required. He indicated a future developer may not want ingress-egress onto Hwy 12. Goetten noted the access on Hwy 12 for the Rebers property would not eliminate the service road and could possibly be used by Outlot F in the future. Moorse asked Council to review the issue comprehensively noting if the property was developed to orient to Hwy 12 and away from the service road, it would affect any businesses being oriented to a service road. Kelley agreed that the orientation of the businesses now would affect future business orientation for access He said he believed the second lot owned by Otten will be wld in the future and Outlot F could be divided into several lots. Kelley also noted that the 'urpose of the ser\'ice road was to move traffic away from Hvvy 12 and in icate t e proposed Alternate 6 could still change. Kelley said he would not recommend vacating the service road. If the Brimhall access was acquired, Kelley said he would request the second curb cut for Otten’s property be eliminated. He also recommended the property be obtained for the future service road to the north. Pflam indicated the Brimhall proposal for access originated with the Planning Commission and from the comprehensive plan itself He said this access would not preclude the building of the frontage road in the future. He indicated the app icant be willing to pay his share of the service road in the future. Pflam said the applicant will consider access from either Hwy 12 or from Brimhall. Otten noted that the original concept for a service road did not place the location. He indicated he lost 30' to Mn/DOT for Hwy 12 improvements and it represents the service road as it could have been located adjacent to Hwy 12 instead of to the north. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 (#6 - #.'^212 Rebers - Continued) Jabbour said he recommends maintaining the casement for the service road. Peterson asked Radio if conditions can be placed on the application for elimination of Hwy 12 access if the Brimhall access was approved. Radio referred her to the Planning Commission condition #5 as noted on page 7 of the 4/10/97 memo indicating the right-in, right-out access to Hwy 12 is to be eliminated when the frontage road to the rear of Outlot E (Lot 1) is developed. Radio said the conditions also put the applicant on notice regarding orientation of the business. Pflam said he had no objection if the condition placed future owners on notice regarding access only via a frontage road, but objected to the condition being recorded due to potential nuuketability problems. Goetten questioned what would happen if a buyer was found for Outlot F. Pflam said the applicant would make another application to the City. He also indicated that a service road would be used by the public and felt the cost could not be assessed to property owners only. He also indicated a buyer for Outlot F may prefer a private driveway onto Brown Road. Pflam asked Staff to address in a memo how the frontage road would be laid out, assessed, and any conditions that would be required to be met. Jabbour asked Pflam if there was any objection to the Park Dedication fee. Pflam said no. Gaffron asked for discussion to clarify findings for redrafting of the resolution. Radio indicated a motion for conceptual approval or denial with findings could be made, with formal approval of a resolution at the next meeting. Kelley moved, Goetten seconded, to approve the prelmunary subdivision and conversion to buildable lot status as outlined in the discussion with use of Brimhall for access only and directed Staff to draft said resolution. Applicant was asked to work with Staff and a Council member on details. Radio inquired if a condition regarding orientation would be included. Council agreed to make the condition cited in the resolution. Vote: Ayes 4, Nays 0. Jabbour asked Staff to work with Otten regarding closure of l)is easterqmosj ffwy 12 • » access and use of Brimhall for access. (Agenda Item #7 follows Item #14) Bkii MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 (Park Commission Report - Continued) White reported that a property owner on Stubbs Bay has indicated concern with a problem of public trespassing on their property located next to the public access. The owner would like to see their property restored and the public access more clearly identified. Jabbou" informed White that he met with Park Commission Chair Wilson and another member of the Commission regarding the park dedication ordinance. The Council will be considering changes to the ordinance. PLANNING COM^^SSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (#4) #2212 SIDNEY REBERS, 2190 WAYZATA BOULEVARD - PRELIMINARY PLAT APPROVAL - RESOLUTION NO. 3972 Gaffron reported the application was before the Council for preliminary plat approval for conversion of Outlot E of Sugar Woods Plat to a buildable lot status. Conceptual approval was granted on April 14,1997. Changes have been made to the resolution per discussions with applicant's representatives. The revised resolution meets the approval of the applicant, Staff, and City and applicant attorneys. Staff recommends adoption of the preliminary plat approval resolution as presented. Bill Wear was present to ask questions. The applicant's attorney, Mr. Pflaum, was present. He said he supported the resolution as drsAed. Bill Wear voiced concern with the future proposed frontage road to the rear of his property. He is concerned that the closure of his Hwy 12 access would result in one of his lots becoming landlocked. Wear asked the Council to initiate granting an easement to his property from the west in order to provide a future access for his middle parcel if the Hwy 12 accesses are eliminated. Gaffron said the easement suggested by Wear woidd need to extend across Lot 1 to the Wear property. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 13,1997 (#4 - i2212 Sidney Rebers«Continued) Wear said he had no intention to use the property at this time but wanted lo protect his interest in the property for the future if he ever decided to sell this particular lot. Wear said he presented Gaffron with a copy of an adverse claim with Rebers agreeing to a 5^' setback on the east side and 75' on the west side of Lot 1. Jabbour asked Barrett if the City was in the position to request an easement. Barrett indicated the City would most likely provide access to eliminate landlocking property. Gaffron noted that the lut was an individual tax parcel. Wear noted the change in access from Brimhall, which does not extend to his property, would result in the iandlock of this parcel if the Hwy 12 access was eliminated in the future. He would like the City to provide a means of future access before the current access is closed off. Jabbour explained the City's position regarding commercial usage along the Highway 12 Corridor as noted in the Comprehensive Plan. He said the Comprehensive Plan was written with the possibility of the improvements along Hwy 12 being in the current corridor. He noted this has changed to the Alternate 12 location, and the existing highway will be used for local traffic. Based on this, the City would probably not aggressively pursue any change to access. Kelley said Wear's concern regarding the frontage road will most likely not occur. Wear smd he would still like to protect himself from that possibility. Barrett indicated that access is currently provided so objection could only be taken if that access was eliminated. Wear responded that the portion of his property that would be taken for the frontage road is there if the City decides to construct it, and he would like to have the same consideration. Pflaum was asked to respond. Pflaum said the service road was a sensitive issue to all of the property owners along it noting Rebers also opposed the construction of the service road. He indicated it would also have an adverse effect on the residential properties. Pflaum indicated the agreement stated the frontage road could be constructed if the City so deemed it and the cost would be shared. He noted that there would be access to all the properties from the access provided by Rebers from Brown Road to Willow if Hwy 12 access was eliminated. This road would be developed if Rebers developed the property to the east, and the problem for Wear could be dealt with at that time. He indicated he was not in favor of further burdening the Rebers nroperty in providing an casement at this time. He had been unaware that the Wear property contained two parcels. Pflaum further elaborated that the Brimhall realignment was done at the request of the Council. I L„...UXt •? I • iir-r •T'-i • •• 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 and 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 cannot 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 puipose of Outlots A and D. Vote: Ayes 5; Nays 0. (*#5) #2286 STEVE WHITC, 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 I subdivision for Steve White at 43SS Bayside Road. Vote: Ayes 5, Nays 0. (#6) #2287 TRACI AND BRADLEY PETERSON, 1770 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 3974 Bradley Peterson was present. 4 I jd -d COUNCIL ML£TING Application Date: 9/23/98 Completion Date: 9/23/98 60 Da> Deadline: 11/22/98 COT 2 6 1558 cnvoroBONO REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO // Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2429 Jetlfrey Brauchle and Elisa Schoonover 650 North Arm Drive Variances Zoning District: LR-1 B One Family Lakeshore Residential District (1 Acre) Lot Area:60,040 square feet (1.38 acres) Application:The applicants are requesting several variances that would allow for the replacement of a lakeside deck on their home. A small portion of the deck is located in front of the 75’ lakeshore setback. The applicants are requesting only to replace the existing deck. They do not plan to increase the size of the deck or encroach closer to the lake. This application will require the following variances: 1.Section 10.22, Subd 1(B); To permit the reconstruction of a residential deck 63 ’ from the lakeshore where 75’ is required. 2.Section 10.22, Subd. 2; and Section 10.56, Subd. 16 (L)(l): To allow 2.1% hardcover where 0% is normally allowed. 3. Section 10.22, Subd. 2; and Section 10.56, Subd. 1 6(E)(2): To allow 50.5% hardcover where 25% is normally allowed. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the variances, subject to the following condition: The property owners remove all plastic underlain below landscaping rock and woodchips. The removal of the plastic would reduce 193 s.f. of additional hardcover in the 0-75 ’ setback and 363 s.f. of additional hardcover in the 75-250’ setback. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2429 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 TO: Jeffrey Brauchle and Elisa Schoonover 650 North Arm Drive Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETLNG: 10/19/98 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1.The applicants remove the underlain plastic below the decking on the property to reduce overall hardcover. Applicants' next scheduled meeting is confirmed as: City Council October 26, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the Cit>' Recorder affer review and approval by the Planning Commission. X:\APPS\WPWIN60 WPDOCS C.\R0LE'PCACTI0N^7429 1 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (1) AND SECTION 10.56, SUBDIVISION 16 (L) (2) AND FILE NO. #2429 WHEREAS, Jeffrey Brauchle and Elisa Schoonover (hereinafter "the applicants") are the owners of the property located at 650 North Arm Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, "Auditors subdivision No. 362, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant® have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63’ from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 821 s.f. (1.7%) of hardcover where 0% is allowed; Section 10.22, Subd 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardcover where 25% is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2429. The property is located in the LR-IB Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of 1.38 acres or 60,040 sq. ft. Page 1 of 4 1 3. 5. 6. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The lot is very wide and narrow, resulting in most of the lot being within 75' of Lake Minnetonka. B. The replacement deck would have the same foot print as the existing deck. C.A variance was granted by the City Council to construct the residence 27 ’ from the front lot line. D.Removal of underlain plastic hardcover would remove 556 s.f. of additional hardcover form the property. 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 variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subd. 1 (B) to permit the replacement of a residential deck 63' from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 821 s.f. (1.7%) of hardcover where 0% is allowed; Section 10.22, Subd 2 and Section 10 56. Subd. 16 (L) (2) to permit 6,319 s.f. (47.7%) hardcover where 25% is allowed. Approval was subject to the following conditions: Page 2 of 4 i r- 1.The property owners remove all plastic located on the property underlain below landscaping rock and wood chips. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 1 ' ^ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (Aey) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this__day of 199 _before me a Notary Public within and for said county, personally appeared knoNMi to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (Aey) executed the same as his (their) free act and deed. >;OTARY PUBLIC Page 4 of 4 1 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator October 12,1998 SUBJECT: #2429 Jeffrey Brauchle and Elisa Schoonover 650 North Arm Drive Variances-Public Hearing Zoning District: LR-1B Lot Area:60,040 One Family Lakeshore Residential District (1 Acre) square feet (1.38 acres)_____________________ Application:The applicants are requesting several variances that would allow for the replacement of a lakeside deck on their home. A small portion of the deck is located in front of the 75' lakeshore setback. The applicants are requesting only to replace the existing deck. They do not plan to increase the size of the deck or encroach closer to the lake. Thu application will require the following variances: 1.Section 10.22, Subd 1(B): To permit the reconstruction of a residential deck 63' from the lakeshore where 75' is required. 2. Section 10.22, Subd. 2: To allow 2.1% hardcover where 0% is normally allowed. 3. Section 10.56, Subd. 16 (L)(l): To allow 2.1% hardcover where 0% is normally allowed. 4. Section 10.22, Subd. 2: To allow 50.5% hardcover where 25% is normally allowed. 5. Section 10.56, Subd. 16(L)(2): To allow 50.5% hardcover where 25% is normally allowed. Lot History: A variance was granted in 1978 creating a buildable lot. The variance allowed a residence to be constructed on a lot with less than one acre of dr>' buildable land and approved variances to permit a principal building within the front yard setback, located 27' from the lot line. A variance to construct the residence in the 75' lakeshore setback was not approved. U2429 Elisa Schoonover and Jeffrey Brauchle 650 Sorth Arm Drive Variances 10/19/98 Page I ANALYSIS T.ot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140 s.f.75'10'35' Existing Proposed 60,040 s.f.800'63'100'29' The existing deck is located 63' from the Ordinary High Water Level (OHWL) of Lake Minnetonka. The applicants have proposed to reconstruct a deck in the same location and size as exists today. A port" ;n of the home was constructed in the 75' lakeshore setback, thus narrowing the deck would not elii.'.inate any variances. The residence had variances approved to construct the home within the front yard setback. The portion of the deck that wraps around the house encroaches into the front yard setback 6'. They are proposing to construct a deck 29' from the front lot line where 35' is required. U2429 Elisa Schoonover and Jejffrey Brauchle 650 Sorth Arm Drive Variances 10/19/98 Page! Hardcover Distance from Shoreline 0'-75' 75'-250' 250’-500’ 500'- 1000' Total Area in Setback 4C.820 s.f. 13,220 s.f. Os.f. Existing Hardcover 1,014 s.f. (2.1%) 6,682 s.f. (50.5%) 0 s.f. (0%) Allowed Hardcover none (0%) 3,382 s.f. (25%) 0 s.f. (0%) 0 (35%) Proposed Hardcover 1,014 s.f (2.1%) 6,682 s.f. (50.5%) Os.f. (0%) Variance Requested To allow replacement of a deck partially within 75' of the lake. To allow replacement of a deck partially within the 75-250 lakeshore setback. none none The applicant has requested a hardcover variance to allow an equal replacement of a deck to be located within 75' of the lakeshore of Lake Minnetonka. A hardcover variance is also necessary in the 75-250' setback. 0-75' Lakeshore Setback The proposal to replace the deck would account for a total of 438 s.f. of hardcover. Although, hardcover exists under the deck as rock underlain by plastic. (Please refer to Attachment C) The plastic does extend beyond the edges of the deck totaling an additional 193 s.f. of hardcover. The remainder of hardcover within 75' of the lake is a stairway and landing, with wood retaining walls located on a hillside. The City has no records that any variances or conditional use permits were ever applied for to allow the retaining walls to exist. 75-250' Lakeshore Setback The hardcover in the 75-250' lakeshore setback would remain at 50.5%. Included in this figure is 363 additional s.f. of rock/woodchips with underlain plastic, and 3,980 s.f. of driveway. The drive has two access points to North Arm Drive. The northerly drive has a direct link to the garage and the southerly drive provides a second access to the property. 1^2429 Elisa 5choono\er and Jeffrey Brauchle 630 S'orth Arm Drive lartances 10/19/98 Page 3 f i’ Structural Coverage Total Lot Size Total Structural Coverage Percentage 60,040 s.f.2,853 s.f.4.7% The lot does meet the 15% allowed lot coverage for structure. 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. Issues 1.The lot is very wide and nairow, resulting in most of the subject lot being within 75' of Lake Minnetonka. 2. The original plans for the residence do not include the southern portion of the deck or the landing on the hillside. The city does not have record of a building permit being issued for those structures. 3. 4. The replacement deck would have the same footprint as the existing deck. A variance was granted to previous property owners to allow the residence to be constructed 27' from the front lot line. The deck is 29' from the front lot line. This portion of the deck is necessary to allow the applicants to reach an entrance to the house on the south side. S. The lot does meet structural coverage requirements. f^2429 Elisa Schoonover and Jeffrey Brauchle 650 Sorth Arm Drive yariances 10/19/98 Page 4 1 SP--r t * 'a. -L STAFF RECOMMENDATION It is the intent of the City's Comprehensive Plan and Zoning Code to minimize the impact of stormwater runoff on shoreland areas and protect the quality of natural waterways. One w’ay the City does this is by regulating the amount of hardcover that prevents rain and surface water from being absorbed and filtered naturally into the ground to remove impurities. Staff is requesting the underlain plastic be removed from the property (556 s.f.). Staff recommends the variances be approved due to the small area of the lot that is within the 75-250' lakeshore setback and subject to some hardcover being removed. Attachments A B C D E F G H I J K Application Applicant's Statement of Hardship Site Plan Location Map Topographic Map Survey Hardcover Worksheets Plat Map Deck Plan Property Owners List Permit Record Elisa Schoonovtr and Jfjfrey BrauchU 650 North Arm Drive Variances 10/19/98 Pages i.1 A <; Application # ‘ Date Received V2.3 IV k ^Amount Paid. ^2.50 CITY OF ORONO - VARIANCE APPLICATION .Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00..• • (no change firom original application) Variance for non-conforming structures ' $250.00 Afler-the-Fact Fees (Double application fee) PROPERTY lOTORMATION Site Address Property Identification Number rPJ.D.1 c;>v^ ~ 03 ooQ \_________________ Attach legal description to application if not included on required survey. Date Property Acquired ______________^(monthtyear) I (do not) also own the adjacent parcels of land. Present use of propel ty: X residential ___pother (specify)_____________________ Zoning District: ______________!___________________________ APPLICANT COPhone (home l A~V^- Name Phone(wodc l __ Address: (g^o t^or^ (V-^ City: (Qrotxo ________Zip:3/S3V£!i OWNER (if different than applicant) Name Phone (home). Phone (wbrk)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Construction ^st $S«o6c?. oo Describe request in detail: gE: o _______________________ (attach additional sheets if necessary) VARIANCES REQUIRED• • • Lot Area (t) Lot Width s/ Hardcover Lot Coverage Setback: Front Side v/^ Rear Average Lakeshore Other (specify). HARDSHIPyDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: *>e:€ ________________ (attach additional sheets if necessary) September 22, 1998 City of Orono 2750 Kelley Parkway Orono, Mn 55356 Re: Brauchle Schoonover Variance Application Dear City Officials, This letter is the description of our variance requests and the unusual property conditions preventing compliance with the requirements of the zoning code. Our house was built in approximately 1980. Wc purchased it at the end of 1986. The house has an elevated deck on the back and side as shown on the survey submitted with our application. The deck is somewhere between fifteen and twenty years old and needs to be replaced. We have visited with your zoning staff and have been advised that we need four variances. A portion of the deck lies within seventy five feet of Lake Minnetonka, requiring a setback variance. The fi’ont of the deck lies within fifty feet of the front of our lot, requiring a front setback variance. According to the surveyor ’s hardcover calculations, 2.02% of the 0 to 75’ zone is covered by hardcover, including the deck, requiring a hardcover variance. In addition, 50.54% of the 75-250’ zone is covered by hardcover, again requiring a hardcover variance. All of this is caused by the shape of the lot. The lot is large, but wide and shallow. The deepest portion of the lot, where the house is built, is only 126 feet deep at the maximum point. Even at its maximum depth, then, there is literally no room for any structure given that the 75 foot lakeshore setback and fifty foot front setback equal the maximum depth of the lot. All of the lot lies within 250 feet of the lake. As a result, the house, driveway and deck are all situated at the widest point of the lot, but inevitably violate the setbacks and hardcover regulations cited above. ;• •** ^ 'i ^“ .•? j ^ \ » 4 • This hardship was recognized by the City when the house was built. At that time a front yard setback variance (#423) was granted. 1 surmise the other regulations 1 have discussed were not in effect at the time. The City in granting the variance noted the “severe hardship of the shallow depth of the lot ” even at its widest point. Hence, we request the needed variances on the same grounds. 1. .1 We wish to emphasize that we propose no new hardcover or improvements-we seek only to replace the deck currently on the property. Thank you for your consideration and please do not hesitate to call with questions. > Very truly yours, Elisa M. Schoonover 650 North Arm Drive Orono, Mn 55364 (612)472-6325 * v ‘ •* • I • • * % ‘1 : II 11 inrifc t I i~- H // 4 « i ./i Ji V ''Zj * l.^'^i.'i WMiy.y.v fe J- / / lA'V vD < nn; ■* ■■•. J * ■ATSOE QFOHI aw 0 MfSH iui« sr J. ■< 8T« V :Cv frr:d:v 400 8C0 OAX r Red .♦ Oi^'i V. 06\(:\ bourse* A AVI SCHRSriNC OH I-/ ‘-S “T-r_ » i>-r>.•ATS. EAST lA i I vHStSbbi^:$. ’A ; •ATS k •:. • •. *• -*» • #••• # . T — • r ’''. w i“A /«*"T' ■"?. 1 WEST mute WHO FOX eco <8 J- r fi. I . %•'•• ' '*C^^Nort.>wr •• OAWL pV i- -'r^ -A *«LA •. ■• L^! •SAT‘ »• 3AV ^Vi4/T7f ?, _■» .* "A-:-iJr/li.- i*r:; cit *if ^ 4v^>Cii0Hr^' , .. .4 _______ « .' ■- iHOHMS S ■ ■ ' ' - ~«.‘ ;■»fowT s • i fOMT o ^ Ik ^ i* • K ORONO^ J6^ r VT B - • FagnaiPoim. * ^ •uoo^ ull \ * JLt rf-'-''><’' ' v1 . • • • . - — ^ <y • C-U*« .>1 '•cuomV \-',.1 *;•• •“ ■^.' “:< • JAajm_______V_______>C__m,________.__t__•__^_________________ i . HARDCOVE * SETBACK ZONE; (CIRCLE ONE) CiJLATlOiN VV'ORKiillib I 75-250* 25-500*• • • • EXISTING HARDCOVER IN ZONE A. House . • •COHCHCTC ^PlLLVfAf'' Length X X Width f :vww0 RjETAlHlNft AQ X 1 woc?o t ^TEP5 X...........................................V. • . B. Garaee • » • • • • F ^ 1 ■ C. Driveway * • X mr0 %“V*f X J • • •. 1 • •D. Sidewalk Xb •X V • • • •• •E. Patio/Dcck AMp ^T6P5 • • • • X • • MXIActm T T9 X ^ 1 F. L?nrfjc?o« OM PLASn^ ^ _h 9r• Underlain X Bv Plastic. $ X ... t Or Fabric • • •• • • • • « • ♦• V • • # • • G. Other • X • • . ■ • •• • • • • • • • % TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ ^ f •• • • . • PROPOSED HARDCOVER IN ZONE A. House • • • X Length Width X •• * • . • • ••X •- A ..X••• B. Garaee « • X •• #• ‘ • • • C*.‘ Driveway ■ •• • • • X • • • _• X « • •D.' Sidewalk " • " • X..................... • ^ .X .• •F.. PaVlo/Deck • • • X X • F. Landscaoe • •^X Underlain X By Plastic X• • • Or Fabric , .. . . - • * • • 9 * X « • • • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A . * B ------------------ .1 X 100 % 100 - • • 6 /of 2.500-1000* S.F. i S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. iST ^ i S.F. S.F. S.F. ^ • S.F. S.F. S.F. . 9A€ 2, 02 . . A•y • :V S.F, -■y S.F. T -1 s.t: •;> S.F. __ S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^ S.F. ® r# ^ • •V J. «• ii K- HARDCOVER C^CUL^ * SETBACK ZONE: (CIRCLE ONE) 0-75 ’ 25-500 ’ F.YTSTINn hardcover ZONE A. House --------------------- * . t • 1 \jJooO srone VVALL5 y^ooo WALL$ Length ■2.2L.r. Width X X I BO L.f> IZI • • B. Garage C. Driveway • • M X X D. ‘ Sidewalk X X • •» •f . to to • • • E. Paiio/Dcck X X .1 •• • • •F. Landscape Underlain By Plastic. Or Fabric • X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ., • _ ' • • X 100 ppopoSED H^PnrnvKR IN ZONE A. House —----------- Length Width X X *x B. Garage C. Driveway GSA*UCMt€ - c- 500-1000 ’ • 4 10^2 S.F. • • « 22. S.F/ ___S.F. . S.F. T* I t • S.F. 3 7 8 0 S.F. S.F. S.F. S.F. .i 25*^ 14^ 2i^ S.F. S.F. . s... • • • • S.F. S.F I •• S.F.'^ S.F. s.f: ?-v > #9 *• • • #• D. Sidewalk S.F. S-P.v. S.F. ‘ S.F. • t • • • E. Patio/Deck • • . . .^S S •i . •> • F. Landscape Underlain By Plastic Or Fabric .31 S.F?^Ul S.F. G, Other total HARDCOVER ^ total PROPERTY AREA IN ZONE ^ A —^-----— xlOO - . S.F. S.F. 90 A B to •• 14 • • < » . /■ • •• r HUN DATE 09/23/98 \ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI<kS540I PACE 1 D BATCH 501 PROP ADOR OMNER NAME TAXPAYER NAME/ADDR PROP ADOR OWNER NAME TAXPAYER NAHE/ADDR ! se PROP ADOR OWNER NAME TAXPAYER NAHE/AOOR 38 06-117-23 32 0003 00005 NORTH ARH DR LAKEVIEW GOLF OF HTKA INC LAKEVIEW GOLF OF MTKA INC 855 RED OAK LA MOUND MN 55360 38 06-117-23 02 0005 00580 NORTH ARM DR B V JOHNSON APR JOHNSON BRYCE V A PAULA R JOHNSON 580 NORTH ARM DR MOUND MN 55360 38 06-117-23 02 0006 00038 ADDRESS UNASSICNED VICTORIA ESTATES HOMEOWNERS VICTORIA ESTATES HOMEOWNERS C/0 THOMAS MAZER 560 NORTH ARM DR HOUND HN 55360 38 06-117-23 03 0001 00650 NORTH ARM OR J BRAUCHLE A E SCHOONOVER JEFFREY R BRAUCHLE AND ELISA M SCHOONOVER 650 NORTH ARM DR HOUND MN 55360 38 06-117-23 03 0002 00680 NORTH ARM DR DOUGLAS F WATSON DOUGLAS F WATSON 680 NORTH ARM OR MOUND HN 55360 38 06-117-23 03 0012 00605 NORTH ARH DR K H A B M SHIN KWAN6 N A BARBARA M SHIN 605 NORTH ARM DR MOUND MN 55360 TOTAL BATCH 501 00006 A (I A 1 CERTIFY THAT THE FACTS REPRESENTED tRE AH ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT */PEARR THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE t. • COUNCIL Mi££TINQ Date of Application: 9/23/98 [Sketch Plan Review] Date Complete: 10/23/98 60 day limit: 12/23/98 OCT 2 6 1998 CITYOJK-aONO REQUEST FOR COUNCIL ACTION DATE: October 22, 1998 ITEM NO.: Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2430 Paul R. Phillips 2140 Sixth Avenue North (County Rd. 6) Sketch Plan Review for a 2-lot subdivision Zoning District: RR-IB Rural Residential District (2 acres) Lot Area:4.5 acres Application: The applicant originally applied for a preliminary plat to divide an existing 4.5 acre site and create two lots. Staff informed the apolicant that this should be reviewed as a sketch plan because the proposal does not meet the zoning and subdivision requirements for front/back lots. The proposal is to divide the property at 2140 Sixth Avenr.e North, a 4.5 acre parcel into two lots. The existing residence at 2140 Sixth Avenue N. would become a back lot on 2.5 acres served by the existing driveway. A new 2 acre lot would be cp;ated in the front and also be served by the existing driveway. The existing driveway would then serve 3 residences-the new lot, 2140 Si;;’*' Avenue North and the adjacent residence at 2160 Sixth Avenue Nortii. Description of Area The 4.5 acre parcel is located north of Sixth Avenue North and is served by a driveway from Sixth Avenue North. At the time of subdivision in 1985, the applicant was required to provide an easement to the adjacent parcel at 2160 Sixth Avenue North which does not have frontage on any public street. Orono Woodlands is located directly east of the proposed subdivision. The proposed backlot is located in both Orono and Medina. The parcel to the north of the proposed backlot is owned by Mary Phillips. Subdivision History In February 1986, the City Council approved the plat of Phillips Woodland Terrace which Date of Application: 9/23/98 [Sketch Plan Review] Date Complete: 10/23/98 60 day limit: 12/23/98 included the creation of 4 lots in Orono (1180 and 1200 Phillips Drive; 1240 and 1260 Sixth Avenue North). A new outlot, Phillips Drive was created to serve two lots in Orono and the 5 acre lots located in Medina. The two lots with Sixth Avenue North addresses which includes the 4.5 acre subject parcel were to be served by a shared driveway under an easement agreement. In January 1994, the City of Orono adopted the front/back lot ordinance (See Exhibit E). The proposed subdivision is not in compliance with the ordinance because of access, lot area, and setback issues for the back lot given the location of the existing residence at 2140 Sixth Avenue North. The applicant stated at the Planning Commission meeting that he should be able to divide the 4.5 acre parcel because he was not aware of the 1994 ordinance and it occurred after the 1986 platting of the property. In May 1994, the applicant applied for a lot line rearrangement with the adjacent property known as "Orono Woodlands" to provide a suitable septic site for the group home. The plat that was submitted at the time of the lot line rearrangement did not indicate that the 4.5 acre parcel was intended to be subdivided at a future date and the minutes do not reflect a discussion of future subdivision. Staff further researched this issue and located a 1990 survey prepared by Merila Associates for a driveway grading plan and septic layout for 2140 Sixth Avenue North. This is the driveway that is shared by both 2140 and 21^ Sixth Avenue North. The survey includes "future 2 acre lot" on what is now proposed as the front lot. This survey, however, was for a driveway and septic plan that was reviewed at die staff level and was not an application for sketch plan or subdivision. (See Exhibit P). Issues Lot Area The proposed back lot is 2.5 acres where 3 acres is required. The area of the existing driveway is included in the lot area calculations. Because the existing shared driveway would serve three residences and would need to be platted as an outlot, the lot area for the outlot/access cannot be included in the lot area calculation. The backlot needs a minimum of 3 acres. The applicant's spouse is listed as the property owner of the parcel in Medina that abuts the rear yard of the subject property. Lot Width The proposed backlot does not meet the lot width requirement at the required front yard setback from Sixth Avenue. If a private road/outlot was created, the lot width measurement would possibly change and need to be established at the required front yard setback. -1 k i- Date of Application: 9/23/98 [Sketch Plan Review] Date Complete: 10/23/98 60 day limit: 12/23/98 Access Currently the parcel shares a driveway with the adjacent residence at 2160 Sixth Avenue North. Driveways may serve two residences. Three residences should be served by an outlot with a private road agreement. If an outlot or private road where created, the property at 216u Sixth Avenue North would have frontage on a road. It currently does not have frontage on any street. Under current regulations, 2160 Sixth Avenue North could not be created. The subdivision of this parcel and the requirement for a private road could potentially eliminate a "landlocked" parcel served by a private driveway easement. The consultant engineer has provided a letter in Exhibit C that addresses concerns the existing driveway. Setbacks If the residence at 2140 Sixth Avenue North becomes a backlot under the proposed plan, it will be subject to greater setback requirements and will become non-conforming as to the east side yard setback requirements. This could impact future property owner's ability to make changes to the residence by requiring variances. Septic The propose septic plan is acceptable. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the sketch plan according to the current regulations. Because it is a sketch plan, no action was taken, however, they advised the applicant and staff that the City Council should review the sketch plan application. COUNCIL ACTION REQUESTED: To direct the applicant regarding the proposed sketch plan. Attachments Staff Report to PC A Application B Plat map C Engineer's letter ^11 Date of Application: 9/23/98 [Sketch Plan Review] Date Complete: 10/23/98 60 day limit: 12/23/98 D E F G H I J K L M N O Proposed subdivision Subdivision standards Septic report May 1985 staff report to PC Notice of PC action County entrance permit letter June 1985 Council report Council meeting minutes Res. #1916 Approval of Phillips Woodland Terrace Plat Topo August 1993 minutes Lot Line Rearrangement #1851 Plan- 'i I 1 i f n TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM; DATE; Liz Van Zomeren, City Planner/Zoning Administrator October 15,1998 SUBJECT; #2430 Paul R. Phillips 2140 Sixth Avenue North (County Road 6) Sketch Plan Review for a 2-lot subdivision Zoning District; RR-IB One Family Rural Residential District (2 acre) Lot Area; Application: U 2430 Phillips. 2 140 Sixth Ave. N. PC-lO/19/98 page~l 4.5 acres The applicant is proposing to subdivide a 4.5 acre parcel into two lots. The front lot is proposed to be 2 acres and the back lot with an existing residence is proposed to be 2.5 acres. The City Council approved a lot line rearrangement in May 1994 to change the east property line of this parcel to provide a septic site for the adjacent parcel. i ANALYSIS Lot Area and Yards RR-IB District Standards Front Lot Standards Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 2 acres 200 ’50'30'50’50 \ Proposed Front Lot Lot Area Lot Width Front Yard Side Yard Rear Yard 2 acres 372 ’no structure no structure no structure The proposed front lot meets the minimum lot area requirements for the RR-IB zoning district, however, with the two septic sites proposed in the center of the site, the available building pad is bisected. If an access lot were platted, the lot area of the front lot would be reduced and would most probably not meet the lot area requirements. # 2430 Phillips. 2140 Sixth Ave. N. PC-10/19/98 page-2 Back Lot Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 3 acres 200 ’75 ’45 ’75 ’ Proposed Back Lot Lot Area 2.5 acres Lot Width 240* Front Yard 115 ’ Side Yard 32.6’ Rear Yard 110' The proposed back lot does not meet the minimum lot area standards of the side yard setback requirements for back lots. Further, the back lot as proposed includes the existing driveway areas for an adjacent lot. Areas that provide access for adjacent property cannot be included in the lot area ceilculations. ANALYSIS Septic Sites The septic reports for this preliminary plat have been received and have been reviewed by the On- Site Septic Systems Manager. He has indicated that the sites are adequate, however, the two sites on the front lot bisect the building pad on the front lot. Access The preliminary plat does not indicate where the driveway would be located for the front lot. The existing driveway serves the residence on the proposed back lot and the adjacent property to the northwest. The front lot would need to be served by the existing driveway or have access from Sixth Avenue. Hennepin County needs to review the proposed plan and comment on access. The consulting engineer stated that the minimum paved width of the driveway needs to be 28 ’ to serve 3 units if the front lot has access from the existing driveway. The subdivision ordinance further requires that any driveway be at least 10’ from the side or rear property lines of adjacent properties. The existing driveway is not 10’ from the side property line of the property- to the west at the curve to the back lot. # 2430 Phillips. 2140 Sixth Ave. N. PC-lO/19/98 page~3 i i ' The proposed plat does not show a platted outlot. The consulting engineer has indicated that it should be platted as a private street which would require a 50' platted outlot with cul-de-sac. This would reduce lot area for both the front and back lots. Drainage City staff has received verbal comments from Jim Hafner, MCWD, that no stormwater ponding would be required. A drainage map, and grading/ erosion control plan will need to be provided before the final plat is submitted. Drainage easements shall be provided across all wetlands, ponds, and drainageways. Easements Utility easements shall be shown as 10' along the exterior lot lines and 5' on the internal lot lines. Screening The front/lot back lot regulations require adequate screening between the front and back lots and along access routes to mitigate vehicular noise and lights. The proposed plan did not show how much screening currently exists or show how the screening may be improved. Park Dedication Fee The Park Commission recommended a park dedication fee in lieu of land. The proposed plat has been sent to the City Assessor for determination of the value. STAFF RECOMMENDATION The proposed 2 lot subdivision does not meet the minimum zoning requirements for a frontljack lot subdivision nor does it conform to the subdivision requirements for access. AttachmeDts A B C D E Application Plat Map Engineer's letter Proposed Plat Back lot/front lot regulations « 2430 Phillips. 21 40 Sixth Ave. N. PC-lO/19/98 page—4 atvtm •« !»■ ^1 I—n I < II H Application # ^ ^ Date Received A Amount Paid CITY OF ORONO - SUBDIVISION APPLICATION r-eilu^e^ -to (c*- PROPERTY LOCATION Site address 21 CCuhTf 'Ro. ^ A/*^_______ Property Identification Number (PIP) ^ hH • X'5-'Si - CC 'i.3 Please check one - Property /' abstract or Attach legal description to application. torrens? u,cco,.A(^t> A t>f>tnf 6iOi.« I APPLICANT Name T^uL R. Tt^',L.L.h^___________________________________ Address (hCt ’7S'^ • iL-.Rh Phone (home) ■S7 ‘3'7 City a/jkc- MU.Zip53?r4 Phone (work)/✓ OWNER (if different than applicant) Name Address Phone (home) City Zip Phone (work) (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ _________ Division for Tax Purposes _________ Lot Line Rearrangement Only (no new buildling sites) / Subdivision for New Building Sites Number of Building Sites ____/ Existing Units I New Units Total Units Proposed Gross Density Minimum Lot Size Proposed Use (check) / / Units per ^ Acres Sq. Ft. Dry Buildable Land Residential Other (specify)________ .-.:jV;VV f ' ^ 1 ‘ M t* • / t <i : SiS ^ * !? fa I MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified l4operty Owners List of ovmers within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-32711. 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 MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit Zoning Official's Signature____________________Date APPLICATION FEES (Zoning Administrator to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) $250.00 Subdivision of a Lot Line Rearrangement $350.00 Totals X 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. $200.00 350^ 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 original application) fl ^ _ * |MB. Special Improvement Fees: _____ Proposed Private Roads $600.00 + S.50/Iineal ft; _____ Proposed Public Roads $900.00 + $.50/Iineal ft.; lin. ft. X .50 = $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 M ^ A . a _ * - lin. ft. X .50 “ $ ■ ■■ ■■ • •------------------\-----------------------------^ ^ w. w w X On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x / new lots C. Flexible Application Fees/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $3 OO/Dwelling Unit The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessaD’ to process this application and further agrees to pay all additional fees established by ordinance. .. ^ . ' j / / Applicant's Signature Y /) '____________ Date ^/V-'i f ______________ Owner's Signature Date Applicant must have all submittals into the City Office 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 autltorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. KUH DATE •9/08/98 8ATCH SOS PtOf ADM OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADM OWNER NANE TAXPAYER NANE/ADDR PROP ADM OWmR NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANI/ABM PROP ADM OWNER NANE TAXPAYER NANE/AOM HENNEPIN COUNTY PROPERTY INFORHATION SYSTEN PROPERTY OWNERS LIST 38 27-118-23 31 0002 •2060 SIXTH AVE N TRINITY ENG EVAN LUTH CH INC TRINITY LUTHERAN CHURCH 2060 6TH AVE N LONG LAKE NN 55356 36 27-118-23 31 0017 02160 SIXTH AVE N PETER C WELLES PETER C WELLES 2160 SIXTH AVE N LONG LAKE NN 55356 38 27-118-23 31 0022 01090 COX EARN RD L 0 EVERSON t K A EVERSON LANCE 0 I KRISTI A EVERSON 1090 COX EARN RD LONG LAKE NN 55356 38 27-118-23 32 0008 01180 PHILLIPS DR T N POSTER 8 E L POSTER T N 8 E L POSTER 1180 PHILLIPS DR LONG LAKE NN 55356 38 27-118-23 32 0016 01115 COX EARN RD C D 8 J K GARDNER CHRISTOPHER 8 JOLYIDI GARDNER 1115 COX FARH RD LONG LAKE NN 55356 80 27-118-23 29 0001 00080 ADDRESS UNASSiGNED DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 WARNER RD ST PAUL NINN 55106 I 38 27-118-23 31 0005 02135 SIXTH AVE N RICHARD C VALITON ET AL RICHARD 8 SALLY VALITON 2135 COUNTY ROAD 6 LONG LAKE NN 55356 36 27-118-27 31 0019 02085 SIXTH AVE N J R HARESH 8 D J NARESH JOHN R 8 DIANE J NARESH 2085 CO RD 6 ORONO NN 55356 38 27-118-23 31 0023 02190 SIXTH AVE N PAUL R PHILLIPS TRUSTEE PAUL R 8 NARY B PHILLIPS Mn 755 LONG lake NN 55356 38 27-118-23 32 0009 01200 PHILLIPS DR J K 8 K L EVANSON JEFFREY 8 KRISTIN EVANSON 1200 PHILLIPS DR LONG LAKE NN 55356 38 27-118-23 32 0021 00038 ADDRESS UNASSIGNED FULLERTON PROPERTIES INC FULLERTON PROPERTIES INC 608 2ND AVE S NPLS NN 55902 80 27-118-23 29 0003 0216^ SIXTH AVE N PETER C WELLES PETER C WELLES 2160 SIXTH AVE N LONG LAKE NN 55356 REPORT NO. PI935901 PAGE 5 • • < 38 27-118-23 31 0019 02195 SIXTH AVE N DANIEL 6 8 RUTH G NCPHERSON DANIEL G 8 RUTH 6 NCPHERSUN 2195 6TH AVE N LONG LAKE NN 55356 38 27-118-23 31 0021 01120 COX FARH RD JANES F 8 JOANNE N HILLIER JANES HILLIER 170 BROWN RDN LONG LAKE NN 55356 38 27-118-23 31 0029 02100 SIXTH AVE N ORONO WOODLANDS INC ORONO WOODLANDS INC 2160 6TH AVE N LONG LAKE NN 55356 38 27-118-23 32 0010 00038 ADDRESS UNASSIGNED NARY B PHILLIPS NARY 8 PHILLIPS BOX 755 LONG LAKE NN 55356 80 27-118-23 23 0002 01200 PHILLIPS DR J K 8 K L EVANSON JEFFREY 8 KRISTIN EVANSON 1200 PHILLIPS DR LONG LAKE NN 55356 80 27-118-23 29 01250 PHILLIPS NARY B PHILLIPS NARY B PHILLIPS 755 LONG LAKE NN 0005 DR 55356 Mf'• y •f % .V ..w.*. t .3 •x 1) RUN DATE 09/08/98 lAENNEPlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI935901 PAGE 6 BATCH 503 PROP AODR OWNER NAME TAXPAYER NAME/ADDR f r.* 80 27-118-23 29 0006 01280 PHILLIPS DR B G I L M BIXBY BRADLEY G 8 LOUISE M BIXBY 1280 PHILLIPS DR LONG LAKE MN 55356 80 27-118-23 29 0009 00080 ADDRESS PENDING PAUL R PHILLIPS TRUSTEE PAUL R 8 MARY B PHILLIPS ^BOX 755 UINU LAK-b MN 55356 TOTAL BATCH 503 00020 -Hi (7 fv, Tf .* y .y %iy y .1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON Tl« RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOWLEDOE AND BELIEF. O.Vh m „ 4:ei ^ I Bonestroo Rosene Anderlik & iVll Associates Engineers & Arcnitects Bonestroo Rosene. Anderhk Associates Inc is an Affirmative Action. Equal Opportunity Employer Principals 0:io G Bonestroo. PE • Joseph C Arde'i»V. PE • Vi.nvm L Sorv.ift^. PE • RichtircJ F Turner, PE • Glenn R Cook. PE • RoOer* G Schunicht. PE • Jerry A Bourdon. PE. • Rooert W Rosene, PE and Susan M Eberim. CPA Senior Consultants Associate Principals Howard A Sanford. PE • Keith A Cordon. PE • Robert R Pfefferle. PE • Richard V/ Fester. PE • David O Losknia PE • Robert C RusseV. A IA • Mark A Hanron. PE • Michael T Rauimann. PE • Ted K Field. PE • Kenneth P Anderson. PE • Mark R Rolfs. PE, • Sidney P Williamson. P£. L S • Robert F Kotsmith • Agnes M. Ring • Michael P Rau. PE. • Allan Rick Schmid:. PE Offices St Paul Rochester. Wilimar and St Cloud. VN • Mi:.vaukce. Wl Website w^w bonestroo com October 14, 1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Paul Phillips Subdivision File No. 139-2430 Dear Liz: We have reviewed the preliminary plat for the proposed two lot Phillips subdivision. The site is located north of County Road 6 between North Brown Road and Willow Drive in the southwes* quarter of Section 27. We have the following comments in regards to engineering matters. 1. Access: An existing, driveway along the west side of the property currently provides access to this site and to the property located north and west of the Phillips property. Access to the proposed Lot 2 would either be from the existing driveway or directly off of County Road 6. The private driveway sh ju!d reconstructed to a minimum paved width of 28 feet to meet current City standards for a pnvate street serving 3 to 10 units if access to Lot 2 is from the shared driveway. The private street design should include a cul-de-sac to provide room for emergency vehicle turning movements. An Outlot with adequate right-of-way should be platted for the proposed private driveway. Hennepin County should review and comment on the proposed access. Plans and specifications for any street improvements should be provided for review. 2. Grading: A grading and erosion control plan for the entire site should be submitted for review. Erosion control measures should be in place prior to any grading. Additional erosion control will be needed during construction of the house and septic system. 3. Drainage: The draft version of the City’s’ Comprehensive Storm Water Management Plan (SWMP) shows that the site drains westerly to an existing wetland identified as LL-P4. Phosphorous loadings leaving tl> le should be limited to a maximum of 0.28 pounds/acre/year. A m:'jority of the site currently urains to an existing low area west of the septic locations on Lot 2. This depression may provide an ideal location for a water quality pond that could provide rate control and nutrient removal of storm water leaving the site. Plans should be submitted to the Minnehaha Creek Watershed District for their review. A drainage area map and ponding calculations should be provided with the final plan ser. 4. Easements: Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet wide along the roadway rignt-of -ways. Drainage easements should be provided acioss all wetland, drainage way and porJ areas. 2335 West Highway 36 • St. Paul, MN 55113 • 612*636*4600 - Fax; 612*636-1311 5. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the financial guarantee required. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /07^ Tom Kellogg Cc: Greg Gappa, City of Orono i * ( y 1 ; 11 .uiii7.i2nnenssixJni PROPOSED PRECIMINAIWPLAT FOR PAUL PHILLIPS OF LOT 1; BLOCK 1, PHILLIPS wood Land terrace second addition HENNEPIN' COUNTY. MINNESOTA • • 4« S 89^* 07" w Q / hi. ..i 1.Njr 6. • •D AT C-i *■> LEGAL DESCRPTION OF PREMSES: Lot 1. Block 1. PHLUPS WOODLAND TERRACE SECOND ADDITION *: ■ TOTAL LOT AREA; 4J0+- ACRES > <• • • « ■ >i^« •» . I 0CSK»€D REVSCN OATC OCSCRfTlON COFFIN k GRONBERG, INC. 1 KER£Bir CCflTrY THAT T»fS PLAK SPCCfXATOi OR REPORT MAC oorDAorn ov ur ns i44Tra ljv fwfPT OBTOViOOM SCALE 1 W.WAS r^fLFANLU Of aw UW UP4A.n aif MiLWi aM'XifviaMi #4W THAT 1 AM A DULY ^ ipr>Brn PROTCSSCHAL OCfCER AM LM€>6rawn t SWVrTQft IMXR IK U«S OF T>C SIAIE OF IMESOtA DATE 9/25/98i 1 I M A ft * A 4A ft A ft M ^44 ft ^Aft A AJMB A ^ft B ^ 44 ^ R4 A 44 * ^ y ^ ^ CHCCKCO •*482 TAIiARAQC AVEMUC, LONS lAKC i Hi: 55350 JOB Na612—473—4Vr1 l\ATe P f “ I4J 1 kHTMCC kft a 4W4 /Ji yXS 98375 0A\7R V//v ° / \\ V ' - V '•N A-.. • ^ \ yi"" " .^1 y I .*/i \ ' I >«»i ' ■■ ■. “* I 1 \ \ A\. \: lit \ % \ - -\- f H'^--II 5'r ^ ^ V I'.'? ? ^^ V V ^ \ \ J \V ; 'I I ^ \\\ \-; \ %''■■ A i. ' ■I;,-' ^ '/ ' ■■k : V \ V''-M-'-. vVx'Wv,"-^ » \ \ \ ;• ■« ^_____ / F MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1851 - CONT, It was moved by Peterson, seconded by Smith to recommend approval of Application #1851 for Orono Woodlands, Inc./Paul Phillips, 2100/2140 Sixth Avenue North for a lot line rearrang ement as proposed. Smith added that some of the recommendations by the testing company also be incorporated speciHcally the recommendation to install low water use toilets. Ayes 4, nays 0. Chair Schroeder called for a recess from 9:00 to 9:07 p.m. (#8) #1846 ALAN AND LESLEE UPIN 740 TONKAWA ROAD - VARIANCES - PUBLIC HEARING - 9:08 TO 9:36 P.M. Alan Upin and Leslee Upin were present. Mabusth explained applicants propose the removal of a 17’x21’ brick patio and replacement with a 12’xl9’ screen porch requiring a lakeshore setback variance in the 0-75’ setback area. Applicants have been advised of the hardcover excesses. In the 0-75’ setback area there exists 584 s.f. and applicant proposes 394 s.f. which results in a reduction in hardcover of 190 s.f. or 3.3%. In the 75-250’ setback area hardcover remains at 48%. Total hardcover on the site exists at 34.6% and is proposed at 33.4%. There is an encroachment of the average lakeshore setback line by the existing structure of 10’. The new structure will be 5’ in front of that average lakeshore setback line. The existing concrete or brick patio is 60 ’ from the lakeshore. The screened structure will be located at 65 ’ requiring a 10’ or 13.3% setback variance. Upin stated they would be willing to give up the rest of the existing brick patio that extends east and also give up the concrete pad that was originally a dog run adjacent to detached garage in street yard. Chair Schroeder asked for those dimensions. Mabusth figured 15’x6 ’ for brick patio and 5’x7 ’ for the concrete pad. Upin felt it was a little larger than that and docs not see any additional area. There are some areas along the side of the house but because of water problems did not suggest it. Mabusth stated that was not shown in the hardcover calculations, isammsiaamsisi 1 • • 4 1761 0 0 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1851 - CONT. Peterson asked how the discharge of the water softener through an independent separate facility would be accomplished. Mabusth stated it would be an outlet to the rear of property. Water softeners create a burden for rural properties. Although the soft water is clean, it does have an impact on a septic system especially one that is under heavy usage. Nolan asked about the relocation of the two buildings as the back drops off significantly. Phillips stated that one is all right and the other one can be pushed back 10’ if necessary. The front one which is too close to the line is used for tool storage and will not be on Woodlands property. He will give permission for use on his property. The one further back is okay w;here it is and has a primary use for storage of the lawn mower. Smith asked why the property line wasn’t even when there was an even exchange of property. Phillips explained that he is giving up 6,000 s.f. in the southern comer near County Road 6. It is needed to accommodate a future 2-acre lot in the front half of his 4 1/2 acre lot. Mabusth stated the recent survey suggests the existing stmcture is not 30’ from the west side lot line. This would be an attempt to bring it into conformity along the west lot line. Smith inquired what precautions can be made to ensure that similar septic problem*? don’t arise in the future. Mabusth said meters are used in mral areas. The site evaluator has also provided procedures to protect and define septic areas where questionable uses exist. Phillips commented he thought he had a secondary site with a good primary septic but instead found it to be poorly designed and constmcted and also inspected by the City pocrly. The City should have detected that it was undersized. Mabusth replied it would appear that the water use was not anticipated. Phillips said the architect, builder and everybody knew precisely what the home was to be used for. He is not a water expert so was not aware of the problems. A/ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD AUGUST 16, 1993 ZONING FILE #1829 - CONT. Gerald Sieff said that would give an additional 15 s.f. He added that plans had been looked at many times and are reduced as much as possible. He reiterated the problem they have with counting structural hardcover and lack of categorization between blacktop or fabric underliner, gravel driveways or stone walkways. Schroeder noted that was a fair point. Mabusth suggested an ordinance amendment may be needed, or an official policy defining structural and nonstructural improvements where excesses of hardcover exist on a property. It was moved by Peterson, seconded by Chair Schroeder, to recommend approval of Application #1829 for Diane E. Sieff, 1080 Wildhurst Trail, for the hardcover variances proposed with the understanding there will be a removals in the 0-75 ’ of the shed and in the 75-250’ of the concrete pads and plastic. Ayes 2, nays 2. Motion was voted against by Smith and Nolan. Chair Schroeder stated the motion does not carry it and goes to Council as a draw on September 13th. (#6) #1851 ORONO WOODLANDS, INC/PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - SUBDIVISION OF A LOT LINE REARRANGEMENT - PUBLIC HEARING 8:52 TO 9:05 The Affidavit of Publication and Certificate of Mailing were noted. Paul Phillips was present. Mabusth explained that Orono Woodlands, Inc. has a failed septic system because it was undersized and trenches were too deep. The alternate site was destroyed during construction. Applicant seeks areas outside of the current boundaries of the property to the southwest which meets the 20’ required setback. At this point, there is no alternate site on the property. An equal exchange of land is proposed with this subdivision. The shed located on the new lot line must be relocated. There are no records of permits being issued. Drainage and utility easements must be vacated and new easements dedicated. Because of the complexity of the metes and bounds description, the City is recommending that we proceed with a plat. As there is an emergency need for installation of the septic system, staff recommends that after vacation easements are filed, applicant be allowed to proceed with construction of the septic. rgtr .n- - i I ini_L_irO VV WWl^L-MIMU 1 tinniMV^C. ^ :*.;• *^4 V?.; c.f? City of OROINO RESOLUTION OF THE CITY COUNCIL NO. ^1916 _ 6. Owner of Lot 4 must grant an access easement in favor of IjOt 3 * 7. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before August 10, 1986 together with a certified original copy of this Resolution and executed copies of the easements and covenants described above. The approval granted by this Resolution shall expire if the plat 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. Dated this 10th day of February, 1986. ATTEST: Mayor / Tim ^ams. Acting Mayor Page 3 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1916_ _ _ _ _ _ 5. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of a drainage- way described therein and shown on the plat as "drainage easements". Drainage through the underground tile may never be restricted or altered without proper application and approval by the City of Orono. 6. Payment to the City of a Park Dedication Fee in the amount of $400.00. 7. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00; and 8. V7hereas, the subdivider has completed all requirements of the platting regulations of the City of Medina and was granted final subdivision approval by its Council on February 4, 1986. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Phillips Woodland Terrace, Hennepin County, Minnesota; subject to the following conditions: 1. Lots 1 and 2 shall achieve access via a shared private driveway or private road over Outlot B. 2. A conditional use permit will be required by the City of Orono prior to the construction of the private road within Outlot B. 3. The septic test areas on Lot 1 shall be protected by installing berms along the west side of both the primary and alternant septic sites or to the east side of Outlot B, or if road is constructed first, developer must provide protection for septic area during construction and design road so that drainage is directed away from protected area. 4. First habitable floor level of future residence on Lot 1 must be no lower than the 1007.5 elevation. All changes in elevations or grades on Lot 1 outside of those approved in the original building permit review must be approved by the City of Orono. 5. Future owners of Lots 1, 2 and 3 are placed on notice that it is their responsiblity to mai’^tain and repair the underground drainage tile line that intersects their properties. Page 2 of 3 City of ORONO L llJ RESOLUTION OF THE CITY COUNCIL NO. 1916_ _ _ _ _ _ _ A RESOLUTION APPROVING THE PLAT OF PHILLIPS WOODLAND TERRACE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted 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 subdivision by Paul R. Phillips, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances, and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of drainage and utility easements. 2. Dedication on the plat of right-of-way for a public road shown as County Road No. 6. 3. Creation of a new private road within the City of Orono shown on the plat as Outlot B. 4. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement granting to the City permansnt access, improvement and utility easements over said Out.ot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. Page 1 of 3 1 1 ! • ? UK vin: 1" '.nTji.n CRCNO COUNCIl. K5:irriNC nF.I.D JUNK 24, 198i. !*ACR 4 < - . . i-*VJL I'HiLLJ&S :.v.)w*.Owner of Lot 4 r.ast ^rant access eascKcnt in favor of Lot 3 • 5.Future developer of lands within Kedina to be served by private road within Outlet A oust obtain a conditional use permit from the City of Crono prior to construction. City to approve road plans. 6. 7. 6. Payment of park dedication fee of 5600 (5200/lot). Dedication of right-of-way of 40* for County Road 6. Kair.teruncc of drainage tile .‘tcrcss Lots 1-3 to l»e the sclv responsibility cf the developer/owner and is net the rcs(»onsibl 1 ity cf the City. Motion, Ayes (5), Navs (01. I'iV Y’PTOM COftPOitATION ) L'..-A.N AVKNUK VAKIANCK i J7I0N 11782 Kike Sjecklocha was present. City Attorney P-dio noted that an adjoining neighbor of the subject property, Marc whitehead, is an attorney at Popham, Haik, Senr.obrich, yuufr.an, and Doty and because of a possible conflict of interest stepped down from his seat as City Attorney. Assistant Zoning Administrator Csffron esplained that the revised plans Met the primary and alternate septic system I'quirements. fCaflron l noted that the proposal is to demolish the exjlsting hemes and storage sheds on the property and construct a new hoeie. Xayor Tiutler n<^ed that the Planning Commission Mating Sttde •he finding that no additimral land is available. Butler :.t.: •• 15 uT 11 has b< * r.; ndicated to her that there has not been Mgr.if icar.i conversation with the neighber to acquire ior.al land. • . , #• • ' • • • ' .i.i N I, " • V •. C • 4 .rr. r< j 2# stciLivi*, titattvi . * c t**,.: • r.t t:r. r. and hi*.: • . • vt r .. : ^ : tnc **• *i.k **.*iwt**»*,a«*r. Vi^*uJtir*i*T fir* for *!.• .1 : r .• ► . ' • •• n • • • . • • ^ ♦ e e at • • ^ • i • •e •• e *T ! . *..l . . j urrh.i • • • * e % I i Kivjri;:: ok ritt: kfK*.uL/Ut ohoko council MiiirrzNC ui:i4> junb 24, 1985. tack i i CounciT. \Anms noted that the final rcn^ *utici8 «'• m • t should place the Jcvclopcr/owncr on notice* that the <*.*aina«jv tile will be the owner's responsibility to naiPtain and not the City's responsibility. Mayor Butler questioned the wordinq on the survey regarding the 100 year hiqh water mark at 1005.S unless drain tile is not pluqscd. Surveyor* Mark Crenberq* clarified for the Council the meaning of such wordinq. Gronberq stated that the calculuticns were done for the 100 year storm assuminq that the tile would 'ac pluqqed. Gronberq stated that the calculations shew what the worst case would be. CcunciImember T. Adams asked Phillips if he has any preliminary plans for the property shown on the survey north cf the prcpcsal. Paul Phillips presented sketches of his proposal for the property to the north. Mayor Butler moved* CounciIncmbvr Frahn seconded* to recommend afpreval of the preliminary plat application of Paul Phrllit>s findinq all standards of the on>sitc septic code and the rural standards of the BR-IB soninq district have been satisfied based on the followinq findinqst 1.Xf Xiot 1 is to be approved as • bulXdable site the followinq conditions and controls mist bs plseed on the futdre use of the property! A) sqptic ores of Xiot 1 mist be safequarded for tuturo use as there pay liot bo snotbor soitablo soptic sroa within the ^undaries of the lot. At the tiaw the septic system is installed a bens post also be inetslled along the west sidc^. of both the pripsry end sltemate teat sitr.r r eastiof proposed road or if road is constructed fur*t* devdeper ssist stake off septic area prior to construction and provide information in read plans as t.o hew dr.-ir..int- will fc«r earrtd away from septic ar< ». B) first hebitthle level of residence structure to ho at 4 lf.r.7 .olr Vut if T.. C . ;•: *. 4 r!..:.-.!: ;i. vl* :r:.r. i*r I.r>t 1 , Cw.* •; • » • * • • v«-***4*_ •«**a Vg• *•*••# •••«*«. ***f •' * * * • • . * • ta * ' ; •« • •*. .*V • •* * *. •> *.» .• » 0 • •••■• .** ••«..*•«*•* * «•*.*•* ■ • • • • I ............. wJ ’ Vl.K OMOr;(« COUNCIL K£CT1NC ttULO JUNE 24, 1985 I’AC •• •» k Jw Itr j'.uir 5tat«'d that the LMCD »icr.ied Chaska’s request ii-.'aur.«. tr>*.y cuulii net piovt ar.y hardship and the !'*.C0 was not willing tc; (jrant any variances. ,. ; c< K«:r.::iQN cokmknts Thtre were no Planning CoRfnissicn cc.’nr.cnts. t'( yy..‘.N7;:ferry Morse cl 2C6C Spates Avenue was present. Morse asked the Council what is the purpese cf adopting a resolution ilvclarlag that City properties arc except (ror special at svr.sr.i. r.t*.. M City !r.iSt Tutor I'err.hardson stated that at the last “••‘.•r it.e. Council dirfCtcd th.»t .i resolution I'O adopted indicating that thi C'ty would huve five sewer units which will L** included on the ascesceetit roll. . ■■■> ’ Terry Morse of 2Ci&0 Spates Avenue asked what will keep the City on the asscssn.ent roll. I* V r‘-: ti- City AdMMstratcr Eeinhardson stated that the aesctBircnt has alriady h« en spread and if the C'ty were to remove that. .11 :.*-5.sr.e;.t, the assessr er.t wsultl qn hack to the City budget, h* rr.h.trcr.( n state;: that at this point in the Crystal Bay s*wcr project the City Cannot change the nurber of units without taking ronics frcn< the general tax rolls to pick up the difference, feinhardscn noted that in the raaelutlon a:.signing five units to the City, it notes that the City will r.cr reduce the nunber of units assessed against it onlosa there IS a general reduction of units in tho prejoet, tI r . ■» ;■ .i/.yi;:; an:*k}'.:;c;n . . i.u K ;mdo vox VTHKfrr i • i • .nt ION ir/Hi* Councilmeml^r L. Adar.s moved, Cour.cilnenbcr Frahm seconded, 1 r adept Kcr.olutign #1781, A Resolution approving the plat of hill Kelley's Larid First Division. Motion, Ayes (4), Mays ^ (C). I •:i lin.i.ii-:: . >: II AVhfiUh nohth .; i.i iMiNAi'^ r.t.’hi,ivi:;u.w • i l.r: :.g S Zcr.i: q A-r.": ni strator I.. division cf a ;. • • , • .1 • : r.*-' r • i *• 5 * * v of approxirat- ; y 12 acr er.. ; r t C’lry'f K-. Kahu'th j t Jr • I • • • ••••• •• »•••.*••• • «.laa im* »•*••• «••*« V.*• w• • w I • • 1 * . f• • • • . •t* . • • •..<• • ... • • * t : • • •• ' • • • • >. • • • • - . . • • . • « C 4 ^ 11 s ’* 0 • A • V • . • * • *. 1 : t . : • t . t ; Ir.r r. ; will ft. r <, :v.! • r ' T *. # t J.* ' .^f.* r c ! . ml •••'• . •«. a* ;•. t• • • : • ', • ,..*'5 < '* ■ . ^i f -■ ’ ,i ;.»*.' • ^/■■3g0 .:^v ■•■'''■ Kftit « »*-' ^ nf*" • ?ivs- " •’ > !% ♦ t i^ • i. t•• • Aj Eeotjc area of Lot I Rust be safequarded for future use es thvfJ cay not be another suitable septic area within the :.o-nJari«s o: the lo’-. At the tiee the septic systew is a cern must also be install^ alonq the west side of LotTi the erirary and alcerk;atc test sites and east of proposed road or if road is constructed first, developer must stake off Semitic area prior to construction and provide information in rc.:i plans as to how drainage will be carried away frem septic A tv I • B) First habitable* level to be at 1037• 5 elevation. C) All changes in elevations or grades on Lot I, outside of original tui Id ing permit review, must be approved by the City. Drainage tile running through I,ots 1, 7 and 3 must be •josignatcc as IS teet drainage easement. Conservation and Plowage easement to be taken over drainage tasewent—engineer to determine prior to final plat approval il additional area around tile inlet should be included within lira: r.age oaser.eiit. of IM 4 Rust grant access essement in fever of wOt i » 1 . Future developer Of Isfids within Medina to bo norvod by private road within Otttlot A Post Obtain a conditional «M perr 11. f row the City of Ocono j rior to conatrnctlcn* City to approve road plans, ^ * .I’.tyrcnt of park dedication fee of $€00 f$200/lot). t •iMMtlon of rigl.c-oi- toy of 40? for County head € ' >I i I f* 1: r r< i \ I «■ w> II ••Am « «913 Paul Phillips Paqt; 2 June 21, liPS Tho County liiohwny Oepartnent has approved the access location for the future private road. The Coirprehensivc Plan has classified County Uoad e as a RL.ior arterial road with an 80* riqht of way width. TheCity oust deny the County's r*nuest for on additional 10' of riqht of way providinq for a to»>al 100* riqht of way. Septic All lots have suitable areas for both principal and alternate on site septic systems. Staff recommends berminq, ditchinq or ano*^hcr approved technique to prevent drainaqe from future road beinq directed to nound areas on Lot 1. Future road construction and drainuqu fr€>m t.!0 roaci if not properly desiqnec! will crootc iKsijot problems tor tho septi” system. Staff strongly suggests the bermine at the time tho s«.ptic system is constructed because the existence of the berm during road construction will serve to protect or flag the septic area. If ditching or anothrr means is to be provided at the time of future road construction, the septic area could easily be destroyed by a contractor unfamiliar with the situation. Tho important thing for tho developer to realize is thaw there mvy not bo another suitable uepti«; area on this lot if the t»‘ji?etl area is destroyed. Drainaqe Concerns There are nodesiqrated wetlands within the area of the pla-. Staff's cor.c»*rns center within Lot 1. Review Fxhibit P. The shared lot line :.-*weon l^ts 1 and 2 has. b'-i.n adjusteti to provi«!c Lot 1 more high dry qrcund within the building cnvolope. •hv flat topoqmmphy, high water table, and soils makeup place testraints on t|ie buildlpq envelope. Lot 1 contains a drainage tilt »nat carries rniiof f to tho northeast underground via Lot 3. ThistiK l ir.e mu^be looted and designated as a drainage *'asement on the f i nal .?***•.*** *^*-** the, tllo is at the 1005.S elevation, the first nabita.«le floog of tho rgstdence structure must be two feet above th« e.evai ion at 1M7.5*. tefore final plat approval, the City Znglneai '.hould detemiAe if there is a need to also ask for drainage easementi .:roiifid t ne area of the inlet witb.n I.ot !. Please note Lot 1 alrca<b .icres ir. ^ Th.* <ippl irar.t's engir.*»er has also cor. f i rr;*.**" '.'..It drainage from read flows to south side of Highway 12 and doy - .o- o*.ay within Lot I. There is a natural berm or hump in the topog: i{.h- i» fror flcwi: i rvr Lr» I *o dt.iinaqe rilo. iM.itttii rif| Commission Recommer-dat ion '"P" N • • • . j I : • V.: • :•' ** • / 5 • F* • 4 ** » < T, * t*;*- . n /*,:..• *! :' s* : . • • r*, .*• * • • , • *••••• • • f. Ki I ’fU;X lyor Butl«r Bornhardsor., City Adninis;.ator Oror.o Counci Imembcrs Ifw KkOM:Jvanr.e A. Mabusth* Building h Zoning Administrator L'ATK:Juif.* 21, I9dS i;UhJKCT:Paul R. Phillips, 2160Sixth Avenue North - Prelimindry ^uo<uvision Zoning District - RfclB Total Area - 12 acres Orono Lands y>:«ixna I^r.ds Application > ;»uU!iviaior. 9.8 acres - 2.2 acres • Plat - 4 lots 1.1 at ot Exhibits Lx.Mbit A * Application H - Property Owners List .' xtiibit C • Plat Kap I'.x.MOit L - Hennepin County Letter 6-10-85 Kx:.:oit i: - Planniiig Comrission Minutes 5-20-85 l.xpiMt ¥ - Staff Sketch - d: a inage !x»t 1 r.x.'.iOit c - Prvliininary Plat General Review .-.ppl leant pri>i>csTh a division of s portion of his hosiestood t s(.p»tty o: approvieatoly 12 seros, portions of wh.ch oro loestod ..rnin the City of Ne<lins. 1 Tho svbdivision is corrontly in the : of review in ».he City*, of Medino. Tho corront plot will not -. ..ive rei.Ki-r.tial construction within tho 12S foot dosp corridor ..M;ir. The obvious [building'satoo fall within ^lo Ormo j. ttior.i,. The septic tost • A.atii.g houses* scpticsyst •ittia i<ortion. All ether i *.)i: satisfy tho stondo 'll tint) Structures on Lot 1 creatad lot lir,os. tos for lot 2 ore within Medino, The on Lot 3 is loestod sooewhere within the tie test sites are within Orono. The Ai’CtrSO ho llR*lh soning district. The ttl:he required setback f roo the • • ^ .. . •*. ; ir. •. a' will r*f v;.fc liutlcr h :r. r^c- tore, cf a |*r:vate ,v*as4y. /. ; r. .-.uit be* t’or.61 r od .it t ixe* Philiips • *i i • * *•' ; -t t r.c l ;r. Mtd;: a. Thf; it > wi 11 r*’quir^* • .* •.• ! . l\ \- i •. ;<;.M I us»: perc it to ccv*.*r <?nq :nc: . . • •• : • ! .iv-* r; u::. At c-: ••s»r.r t Nf- *; ♦ y • : 11 ar/p. 1 f*.r iy : f . V . i:. ; . • i 1; t y • ..,.vr.t.f.t s c*v jt . ..t lot A. A' C*^.ss r o !.:•♦. • . i : • .. • . , , . •. X*.r j •i: ;v ‘w.!*/. / t rr...r •* It.; \ i . . : : ; • , . • ;.* ♦: r . i I.. *. r.** -.-‘.-t qr ir.* a.t jvu*t..*4 ♦ .is* i I * •, ■ ’iss. S>.S-dlK»s»on - 2lf0-6t': Avtnu* Ncrth(CS/S i), U'OPC -V j" i. z ‘.cj'.ws wtt^ yoj «ftd Jo £11«« Hyrr e»* th« prooosod ontrAnco to the APove site Art Approved as shown. One w!^ tt the evUt^iig • #*--i, AS A shA-td #ntrA«ce for Jots 3 And A, the other a privAte • 2 •*,'a2 to c^ty street specifICAtions) In outlet a At the west ►» •• •.r*c. .',n the PhUJips riAve Applied for M emtrANCd peraU, we will net process ‘t fn(7*f>terinj drawih^s ere Avelleble; end develepnent becenes eere These c'Ar.s should shew a M feep street width with 20 feet redll. t >tp CJass S grevel bese end « 3 lech bitwilneus net within CSMI f - V '•jy• wV •.. t •• ‘y A ‘ A ; A 'jj.; 5 ♦. t-*/ cc. J Ti '’r.M he dretnApe Aspect eppeers rwpuirt e lerpe culvert pieced this concern should be rerlewe rs«lt ApprovA'i. S»- ■f 1^-»-1rA HENNEPIN CO'JNTY . V • • \ •- r n. . • . . ^ s'if•ii / p; V . I A A I I V i ir ja 9 i V. f i: :? i.i- »* J ! J ,i! tlM etjiwi ipdiMilhpPi •I •■-« ] ■ # ji 14 :.^.ticc of Ma.nnlng Ccc'aiisfion Action '.‘.cir>»r<g Pi 1*3 #913 .Mr. & Mrs. Pniilips i'.;Tt; 2 of 2 .‘i1 ..} C*t As you ro<tuoAtcd» tho City of Mcdino will be tent Porwal notice Jouncii action after their June ICth meetlnq. If the applicant has trouble obtainino aaottional infomatlt $ contact the Zoninq Departcient (473-73S7), If you desire certified copies of the official Planninq iwiniinsion minutes, they are available from the City Recorder after j-.-Vivw and apprc’/al by the Planninq Ccxwnlssion. a 4 f V . ■ * • I • \ • . \ * , * ■i . • » • 4* % '.i A' -J '•■Si I •'V J V' V> i'j «-r‘ ♦'a • I I .** - r t. ..ir- ■ i- '4 -• i • ^ ,c N CITY OP OSIONO P.O. Box t>6 Crystal Bay, MS 55323 TO: Mr. 4 Mrs. Phillips Box 520 Long Lake, MN 55356 ZONiaC FEU5 Il0/s9' MOnce OP PLANNING CONNISSXON ACTION 473*7357 Date of Notice: 5/22/b5 COPIES TO: TYPE OP APPLICATION: XX Subdivision Date of MtfCting: 5/20/85 Vote: 6 Planning Connsission recomr.endn the following: XX Approval: Subject to conditions noted below For Ana InnC MOTES AMO SPECIAL CONDITIONS: Year prulininary subdivision was recommended for approval by the Orono rianning Commission subject to the following condition*: I. Additional septic testing to be comoletcd before applicant is scheduled for Council approval - Lots 1 and 3*s alternate test !.; r.cs. ?. Locate existing septic system on Lot 3. 3. Approval of curb cut by|Hennepin County. City to acquire Drainage and Utility ;Easement>over Outlot A. \ I Owner of Lot 4 mvist grant access easement in favor of Lot 3. Future Developed ef lands within Medina to be served by t:ivate road within Outlot A must obtain a- conditional use permit ! rom the City of Orofio prior to construction. 6. Engineer to submit necessiary hydraulic information in order to detorr'ine size of retention area on Lot 1. City will ask that th»» area designated as-a drainage casement, the City will ask ii f’lowagc and Conservation Eascircnt over dcsior.at.o<: area. I. . tu'. \i\ ,u:.. • • < k . IM ? .• ; . • ... I . ,. . r»c1it of r>ci v.n*nta for p.irV. :**.o or. T.or ! • • .!•» O •* # • ' '• •• • i. : •» ' ► .. • • • • k ...r:» c f . *.* . » f : 1 • • .. *. y • ^ ; •• .1 !;r. ’• 1'* .. ' • . ^ • a ♦ '• 4« « •• i .V/.- ’p r^rK ' < - KInjtm; Oi' THK CkOSO PIANXJNC COMKISSION MEETING HELD MAY 20, 1985. PACE 2 e.Enginc'-T to submit necessary hydraulic information in order to determine size of retention area on Lot 1. City will ask that tUe area be designated as a dralnaao easement, the City will ask for a flowaoc and conseiTvation easement over designated area. 7.Payment of park dedication fee of S600 ($200 each lot). 8. 9. Dedication of right-of-way of 40* for County Road 6. At tnc time Lot 1 is developed, berming to be done along Outlet A to prevent runoff from flowing over mounds and to protect mound sites when road is constructed. Motion, Ayes (6), Nays (0). X hlyu, G.w. KRI mtUCl! ENCELSMA i, 990 PARTEMEPOD LOT LINE REARRANC HUbLIC REARING 7:45 - 7:48 PM were present. M-ark Chairra.n Callahaneanne Krimmel and Bruce Engels^ Cr^berg, surveyor, was also pre^r, called for the public hearlrg/concerntng the lot line rearrangement for Krimmel/Enoclsma. Building fc Zoning Admini^rator Kabusth noted the certificate of mailing ami the a£lf*(avit of publication/ There was no one present :’n the audie)\cc for this schooled public hearing. Building h \2oning AdmiBastrator Kabusth informed the Planning Coraticsion of th/appllcants* proposal to rearrange the shared lot\ines so/that the exibting inprovenenta on each lot are looted w/thin their hooeatead lot. Mabuath advised the owner^Lo/2 that there nay be a need to relocate the dock per reali^nM/extended side lot lines. Mabuath noted for the recd^tbe dock setbacks as follows: dock length 0-50*/- l^setback from extended lot lire dock length 50-lM* - 15* setback from extended lot line \ Chairman Callahan'closed the public hearing at 7:48 p.m. <".ootten movi'd/Kelley seconded, to recor'jnenr ’. approval of the proposed plat of S lot line r^rrangement for KriRwel and Enc|*‘lsin.i based on the following findings: 7 a •The let.:, fucr. ccr.tuin the r.in^ur. required cr.o acre in %i . AH cxi: t ir.q r.rructofoi. rt-et the- r« quire.; se».hacV,; frer till CAjuieci let lint*. ^,*»r.t ii.i:’. n**cr. 1 tnat •■r.e f:r;«*>. .ncM*«* i nr. l,c*! / r.iy to tit* ft.** i-t • i r.c»tv:; i v i . ?•*.<'t *c^!;, #.y • • ♦ ;« f' r'. i- *. 1 I ?. # .• * ; »•* M.!*U-iK:: oy run OkCMO pianninc commission meeting held may 20, 1985. PAGE 1 AvrENDANCE 7:30 Ph The Orono Planning Commission met on the above date with the following members present: Chairman Collahan, with members Goetten, Sine, Kelley, Taylor, and McDonald. Planning Commission member Rovegno was absent. Council representative Mayor Butler was present. Building t Zonino Administrator Mabusch, Assistant Zoning Administrator ^ Caffron, and Recorder Sutton represented the City staff. rnj I'/ju/. PHILLIPS ?TC(n:iXTil AVENUE NORTH ' J PKI.IMtN/:<Y SUBDIVISION t'UUMC IliJVMINC Paul and M^iry Phillips were present. Mark Cronborg, surveyor, was also present. Chairman Callahan called for the public hearing concerning the preliminary subdivision of Paul Phillips. Building t Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this scheduled public hearing. /;J0 - 7:39 PM Building & Zoning Administrator Kabusth reviewed with the Planning Commission Phillip's propo.sal to subdivide approximately 12 acres of his land into A lots. Mabusth noted that portions of the It! acres arc located within the City of .Medina, but thtt the obvious building sites are located within the City of Orono. Chairman Callahan closed the public hearing at 7:39p.m Goetten moved, Sime absconded, to recommend approval of the preliminary plat application of Paul Phillips finding all standards of the RR**lB zoning district and on>site septic code have been satisfied based on the following conditions: 1.t Additional septic testing to be completed before applicant is schiklule for Council approval—Lots 1 and 3's alternate test sites. 2.Locate existing Septic system on Lot 3. ■j.Approval of curb cut by Hennepin County. City to acqin r.- .1 ir.jtv.' and utility easemo.nt over Cutlet 7\. Owriu-r fit Lot 4 n.ust grant ucct-ns r-aserrent ir. f^ivor o: Lot 1. Kutur. d.. v.UjM.t of lands within Xudi.-.a *.o bf sc-rv.;tl by |.:ivat«- K.i.i Within Oat iot A oo'ain a cor. 111 lon-il UUV pfl .•* « » • •• • •: : c:s »I- C: •. y c :.w t/T : or r:': r.:. v :T 1 c r.. i:- I t • I • 7 % • ’( .: (II r Phillips Paf}^i 2 li, 1985 Septic Lots 2 and 4's septic tests confirm suitable area for on-site septic systcns. Lot 1 mill require additional septic testing to confirm an dltet .late site. The current test confirms suitable area for cne mound system. Staff suggests future testing should be done to north or east of te.t area. Sexming should be required along road edge to prevent runoff from draining over mound area. Berms will also protect mounds during road construction. Alternate testing has not been n-ovided for Lot 3; we will require the necensary tests. Drainage Concerns - Review Exhibit D The wet area to the north of the culvert is created by the runoff from County Road 6. Tne area serves as a temporary retention area until runoff d-ains to south side of road to the wetland area on the northwest side of Oi.:iiey Lake. To protect the integrity of the building envelope* it will be necessary to determine the effects of a 100 year storm on the building envelope with the present elevations. Once the capacity of the retent'.on area is determined* we may recommend specific land alterations to either raise the building site at the stage of site planning or berm around the retention crea. A drainage easement will be taken over defined retention area. The area of that retention basin must be excluded from dry buildible area for l4>t 1. RccomsMndation To recommend approval of! the preliminary plat application of Paul Rnillips finding all standards of ;the RR-IB xoning district and on site septic code have conditions: been satisfied based on the following \ l. 2. Additional septic tMting to.be completed before applicant is scheduled for Council approval - Lots 1 and 3*s alternate test sites. i . i ♦ I-ocale cKistinq septic systesi on Lot 3. Af prov.!! f;t ourh cut by l!cr.nov>in County. City to acqui re drainage .*i. I utility t;.j;ioror.t over outlet A. t ow!K:r of I*o»’ 4 r.i.bt qrart c.isemert in favor of IwOt 3. i utiirv ».! Iriu.i.*. witi ir. Mtr iir.a to b*: s» rved by private tu.u; s.; t . r» b t A oo** a co:..;;* M.nal ubo pt-iffir. fror. tb** .** i>rt* r *1 t**r«t • ». ••*i.*i I ••■**.*•s* » • • ••• I: • 4 • 4i S'** •* • *••• . I •.. . It. : ‘ n*. iry ry:t.r^l:f :c r r jr : c,r. ir. order *• *-t I»01 • • t, * • *. w * • i j f .* • r,, *. • *i.» -j ir ? *• : V I: i . .. ; .*• »*r. * • • • -.. • .*. y a. i 1 *4 a; >- i ''•r *i . ; »l r:.. r »• IV: • i*t . , a ‘ .4 -J**( 'j: i. ■i ■:-4Vv* ‘•■y. • f .*'A :7 V.. y /• 4 ' » ...«.•«> .•• • • TO: KKOM: DATE: Planning Cosmission Jeanne A. Habusth, Building 4 Zoning Advinintrator Xay 15, 198T~^ SUBJECT: #913 Paul R. Phillips, 2160 Sixth Avenue North <- Preliminary Subdivision Zoning District - RR*1B Total Area - 12 acres Orono Lands - 9.8 acres Medina Lai.ds - 2.2 acres Application - Subdivision - Plot - 4 lots List of Exhibits Application Property Owners List Plat Map Staff Sketch of Retention Area hxnibit Z - Preliminary Plat Exhibit A Exhibit B Exhibit C Exhibit D General Review The applicant proposes a division of a portion of his homestead property of approximately ,12 acres, portions of which are located w>.ihin the City of Kedins. The subdivision is currently in the process of review in the City of Medina. The current plat will not involve residential construction within the 125 feet deep corridor within MedIS). The obviods building sites fall within the Orono portions. The septic test! sites for Lot 2 are within Medina. The V- X1 St i:ig houses' septic system on Lot 3 is located somewhere within the M'.s'.inu portion. All other{septic test sites are within Orono. The lots all satisfy the standards^of the Rft*lD zoning district. The exist ing structures on Lot 3'allmeet the require setback from the newly created lot lines. Access Access to Lots 1 and 2 will be via Outlet A in the form cf a private <lrivewa/. A private road must he constructed at the time Pitillips t!> •.••• the r»!ina ir.dcr Of the lands in Medina. The City will require f'uvoloper to file a conditional use permit to cover engineering for construct ;ois of road. At present the Ci ty wi 11 ask tor only umiffV* n!j (ir.i i utility t.isoir.er.ts ovor Outlor. A. Access tc ■*:. ' inc 4 wi i • via the exist iruT ir iveway. At tha * itr.u of lie, I,».» 4 , e.it '^iron* .in jcccsi, o.ise.iont ;n favor cf Lot 3. 1 n it hf.ir.; »?••• i*ouri»y Hiqhw.iy Iiepo r t concerriiru the pr.jpoiit.u .:_s !. .‘u: tt.r »:.*• j r i vj* <• rc».ii. I wii*. repoit their findinos • * *.ur (•.••t;* j r. !. i *• it e f TO:Liz Van Zomeren, City Planner/Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:October 16, 1998 SUBJECT: Septic Review for Application #2430, Paul Phillips - Sketch Plan Review The proposed two lot subdivision requires the use of on-site sewage treatment systems. The site evaluation/design for the existing residence at 2140 Sixth Ave. N. was completed in 1990 and is still valid. The existing mound system meets City and State standards and the future drainfield site remains adequate for this lot. Site evaluation/design for the future lot has been submitted for a five bedroom residence. The sites meet the minimum City and State Standards, but a small amount of fill must be removed from the south end of the future site before a system is installed there. The fill is most likely from the construction of Sixth Ave. N.. Based on the above information, staff recommends approval of the application. The city requires the drainfield sites to be fenced off prior to any grading or land alteration. i J.Dimensional standards for front lots, A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. Access requirements: a. b. c. Access outlets shall be 30’ minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. In approving front/back lot divisions, the City may require that*both front lot and back lot share a driveway access within the access oudot if Council determines that creating an additional access to the existing street will be a potential safety hazard, ^QYg^jys withm a back lot shall be located at least 10 from the side or rear lot lines of adjacent lots. d. No more than two residences may be served by a driveway located within an access outlot. e.No access outlot may be planed abuning an adjacent oudot e.xcept when the intent is to combine the two access oudots for creation of a public or private road meeting City standards, 5, Screening requirements and accessory structure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory structure standards of Section 10,03, Subdivision 27 can be met, Do«sn4--eK\s^ grot — ■■ -------------------------------------------------------------------------- r®. I 6. The reouirements and standards of this secdon shall apply only to those front/back lot divisions which receive preliminarj' plat approval after January 1, 1994, SECTION 4, Adopdon and publication. This ordinince shall be published m the Pioneer and the Laker newspapers and shall become encedve immediately upon publicadon. * 1. Applicability. Hof^ dLppli jWotu/i^^ tU" ^K-clus a. b. • Front/back lot divisions may be used whca existing property dimensions are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acrea«ye is adequate to provide a "front lot" and a back lot without requiring an area variance when the area of the outlot access corridor is excluded. Frontfback lot divisions may be used for individual "lot splits", but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supponed by unioue site factors.* c. A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access oudot is located nearer its affected side lot line than a distance equivalent • to the zoning district required front yard depth. 2. Dimensional standards for back lots shall be as follows: a. b. c. d. Lot area shall be 150% of the zoning district requirement. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the rear of the front yard setback line of a nonlakeshore back lot, shaU meet the zoning district width requirement. The street yard or front yard for any back lot will be a vard starling where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line and at the street yard setback line. The depth of the required street yard or front yard shall be 150% of the zoning district front yard requirement. The required side yard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. 2. ’ The strccc yard of the back lot shall be adequately screened by fi»nriny or vcgctation at the discrctioii or the City, so as to eliminate incrusion of vehicle headlights into the side or rear yards of adjacent lots. E.Standards for accessory structures. Accessory stracrures shall adhere to all requirements of the zoning code, with the following additional requirements: 1. Accessory structures within a back lot shall be allowed no closer than 10 ’ to a neighboring property's side or rear yard. Accessory structures shall not be allowed within the required street vard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. j.No accessory structure shall be allowed within an access outlot. SECTION 3. Orono Municipal Code Section 11.31, Subdivision 5 is hereby deleted and the following language substituted in its place: Subdivision 5. Double frontage lots, access to lots, and front/hack lot divisions. A.Double frontage lots. Double frontage and reversed frontage lots shall be avoided e.xcept where necessary to provide separation of residential development from traffic anerials or to overcome specific disadvantages of topography and orientation. B.Access from any arterial roadway. Lots shsill not, in general, derive access exclusively from an arterial roadway. Where driveway access from any aneriai roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway . Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any aneriai roadway. C.Front/back lot subdivisions. "Flag lots" and "easement back lots" as defined in this Chapter (see definition of "Lot-Back") shall not be created. Fronc/back: loc divisions shall be allowed only in conjunction with the creation of an outlot to provide access from the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area or either the back or front lots. Front/hack lot subdivisions shall adhere to the following standards: k -3.* The depth of the required street yard or front yard shall be 15055 of the ynning district front yard requirement. —^ 4.The required side yard and rear yard depths for back lots shall be 150% of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. at 'bo' B.Dimensional standards for front lots. A front lot created as part of a frontAiack lot division shall meet ail zoning district area, width and setback standards, except that the required side yard of the front lot adjacent to the access oudot shall be equivalent to the side street yard requirement for that zoning district. C. Access requirements. 1.Access outlets shall be 30' minitrium width, and shall be wide enoueh to accommodate drainage, snow removal and screening without encroaching on neighboring properties. u\r KVt' In approving front/back lot divisions, the City may require that both* front lot and back lot share a driveway access within the access outlet if Council determines that creating an additional access to the existing street will be a potential safety hazard. dMaU’ tKtuIr Driveways within a back lot shall be located at least 10' from the side or rear lot lines of adjacent lots. 4. No more than two residences may be served by a driveway located within an access outlot. m fslof ^ 5.No access outlot may be platted abutting an adjacent access outlot except when the intent is to combine the two access outlets for creation of a public or private road meeting City standards. D. Screening requirements. 1.Driveways constructed in access oudots shall be adequately screened by fencing or vegetarion at the discrecion of the City, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. Sfsm L § 10.03 Subd. 25. Mining. The commercial extraction of sand» gravely or other material from the land and removal thereof from the site without processing shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of a condi tional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. Subd. 26. Soil Processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation, and such permit shall not be granted for a period of longer than twelve (12) months. Source: Municipal Code Effective Date: 9-14-67 (Sections 10.04 and 10.05, inclusive, reserved for future expansion.) Subd. 27. Special Standards for Back Lots Created After January 1, 1994. Back lots as defined in tbis-^actidh which were created as pan of a subdivision that received preliminary subdivision approval after Januar>' 1, 1994 are subject to the following special requirements in addition to the standards required in Section 11.31, Subdivision 5 of the Orono Subdivision Code: A. Dimensional standards for back lots shall be as follows: rrvcci- ^ Loj {jg 150% of the zoning district requirement. ^ 2.Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the front yard setback line of a nonlakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line, and at the street yard setback line. ORONO CC 259 (4-1-84) COUNCIL meeting Date of Application: 9/23/98 Date Complete: 9/23/98 60 day limit: 11/23/98 OCT 2 6 1998 cmroroROf^o REQUEST FOR COUNCIL ACTION DATE; October 21, 1998 ITEM NO.: 3 Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda .Section: Zoning Item Description: ^2431 Roger J. and Elizabeth Olson 815 Partenwood Road Variances Renewal Zoning District; LR-IB One Family Lakeshore Residential District (1 acre) Lot Area: 44,225 sq. ft. (1.02 acres) Application: The applicants are requesting approval to renew variances that were granted last year on November 24, 1997 to allow remodeling of an existing residence located at 815 Partenwood Road. The requested variances are for: 1.To allow remodeling per the plan in Exhibit A of the resolution where the residence is currently located 34' from the lakeshore where 34' is proposed and 75' is required. 2.To allow 15.3% (4,413 sq. ft.) of hardcover to be located within the 0'-75' lakeshore setback where (20%) 5,815 sq. ft. is existing and none is allowed. PLANNING COMMISSION RECOMMENDATION: To approve renewal of the requested variances on a vote of 4-0. COUNCIL ACTION REQUESTED: To approve the attached resolution. Attachments 1 A RESOLUTION GRANTING RENEWAL OF VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 FILE NO. 2431 WHEREAS, Roger and Elizabeth Olsen (hereinafter "the applicants") are owners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and W'HERE AS, the applicant has applied to the City to renew for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f (15.3%) where 5,815 s.f (20%) is existing and none is allowed as shown on Exhibit A. Minnesota; 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2431. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. The Orono Planning Commission reviewed this renewal application on October 19. 1998 and recommended approval of the proposed variance based upon the following findings; 1. The proposed additions would not further encroach on the OHWL. Page 1 of 5 2. The configuration of the lot severely restricts the allowable building pad. The amount of hardcover in the O' to 75’ lakeshore setback would be reduced from 20% to 15.3%. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely ser\e as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Ba.sed upon one or more of the above findings, the Orono City Council hereby grants variances [•.'< Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f (15.3%) in ihe O' to 75' lakeshore setback where 5,815 s.f (20%) is existing and none is allowed. 1.All plastic under landscaping must be removed in the O' to 75' lakeshore setback prior to any new construction. 2. No further variances will be granted to this property in the future. 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 (October 26, 1999). Page 2 of 5 i 5. 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Any substantial changes or revisions to the plan in Exhibit A will require reconsideration by the City Council. Adv)|)ted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor I' Property Owner (.s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public widiin and for •i 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 PUBUC 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 tiie 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 PUBUC Page 4 of 5 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator October 12,1998 SUBJECT: #2431 Roger J. Olsen 815 Partenwood Road Variance Renewai--Public Hearing Zoning District: LR-IB One Family Lakeshore Residential (1 acre) Lot Area:44,225 sq. ft. (1.02 acres) Application:The applicants received variances to expand and remodel the existing residence to include a four stall garage and additional living area. Variances were granted on November 24,1997, for lakeshore setback to be located 34' from the lakeshore where 75' is required .and for hardcover in the 0'-75' setback where 20% (5,815 sq. ft.) was existing and 15.3% (4,413 sq. ft.)was proposed. Pertinent Ordinances: Section 10.22, Subd. 1, Lakeshore Setback Regulations Section 10.22, Subd. 2, Lakeshore Hardcover Requirements Section 10.24, Subd. 5(B), LR-IB Lot Requirements ^2431 Roger J. Olsen 815 Partenwood PC-10/\9I99 page-1 ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Street i'ard Side Yard Lakeside Yard 1 acre 140 ft.35 ft.10 ft.75 ft. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 1.02 acres 225 ft. at 75' setback; 357 ft. atOHWL 37 ft. (existing) 35 ft. (proposed) 46 ft. (existing) 20 ft. (proposed) 34 ft. The existing residence does not conform to the current lakeshore setback regulations. The homeowner's association has more restrictive side yard setbacks than the zoning district, therefore, the garage was placed 20' instead of 10' from the side yard setback. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance •Requested 0'-75'28,810 sq. ft.5,815 sq. ft. (20%) None 4,413 sq. ft. (15.3%) 15.3% 75'-250’15,415 sq. ft.2,995 sq. ft. (19%) 25%3,600 sq. ft. (23%) None 'M The applicant was granted a hardcover variance in the 0'-75' setback to reduce the amount of hardcover from 20% to 15.3%. U243J Roger J. Olsen 815 Partenwood /»C-/0/19/98 pagc-2 Tl- . r ^ STATEMENT OF HARDSHIP (hit E.^V\\b'if STAFF RECOMMENDATION The zoning lot conforms to lot area, lot width, and side yard setback requirements. The existing residence is located within the required lakeshore setback. The proposed plan reduces the amount of hardcover in the 0'-75' setback. The existing amount of hardcover on the site is 10,228 sq. ft. (23%). The proposed plan is for 6,595 sq. ft. (14.9%) total hardcover on the lot. Staff recommends renewing the variances for lakeshore setback and hardcover in the 0'-75' setback. Attachments A B C D E F G H Application Applicant's letter Architect's letter Elevation Site Plan Hardcover worksheets Minutes from previous meetings Res. 4004 \ ^2431 Roger J. Olsen 815 Parlenwood PC-J0/\9f9i page-3 A Application # { • Date ReceivedT ^ I'llj^t Amount Paid 4 f O ^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 (S50.00 per each additional variance) tr Renewal Variance Fee $150.00-.^----------r ® 'no change from original application) Vana ::e for non-conforming structures ‘ $250.00 Afte:-*iie-Fact Fees (Double application fee) PROPERTY INFORMATION / /D ✓ Site Address____^ ^3 ^ Property Identification Number fPJ.D.’l ^ S' ’'0-'^ Hit Attach legal description to application if not included on required survey. Date Proj^Acquired S'/^ of 9^7_____________________^(month/year) I (do) also own the adjacent parcels of land. Present use of property: )C residential Zoning District: r Lfj-l$ other (specify). APPLICANT Name P/:- ^ eir J / ^ H Phone Qiomt)_J£2ll^ZiZ2J- _____ ‘_ Phonefwori cl V/^- ^30 0^ Address: ^ ARlq*/ City: o_________Zip: ^ S~^ 3 OWNER (if different than applicant) Name ______________ Phone Oiome). Phone (work). Address:City:. • r«s^ Zip:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Constmetion Cost S (attach additional sheets if necessary) VARIANCES REQUIRED* • • Lot Area _ •i. « • J• # Setback: ___Lot Width Front Side Hardcover Rear Lot Coverage ■‘A '*i ■> Average Lakeshore .**« ^ 'I Other (specify) Y i M 1 t‘k. HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:^___________________________________ (attach additional sheets if necessary) • • REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) arid include hardcover calculations as required. In addition, provide one (1) copy ZYi' x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 814" x 11"). List of the legal names (include marital status) of all persons widi an interest in the property. This would include name(s) of applicant(s) if not cunent owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to th.e best of his/her knowledge. Applicant's Signature Date / OWNER’S-SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner’s Signature /■Date J 3- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 1 J ^ % i' ?'■ B September 23, 1998 To: The City of Orono From: Roger Olsen. Subject: Renewal of Variance for my home at 815 Partenwood Road, 1 am requesting a one-year renewal due to the extreme shortage of sub contractors, mainly carpenters, to get started on my project. As you are probably aware, the summer storms combined with a good economy have made it difficult, if not impossible, to get contractors to meet their commitments. I am hopeful that next year they will get caught up on their backlog of work and be able to commit to this project in a reasonable length of time. Thank you for considering this renewal variance. Sincerely, Roger Olsen t ..• A / i I, c AlJ:XANi)I.K 5 November, 1997 j^- DKSIGN C;iU)l l’ It I r • • » 10 the City Planners of Orono: In response to your inquiry about the extent of remodeling to take place at 815 Partenwood, I will describe to you the scope of the work. After being on the market for over a year, the Olsen ’s purchased the property in June with the intent of immediately remodeling the house. The house has a sagging roof that is in need of re-construction. The structure is of 2x4 wall construction & not up to current energy codes, is in need of window replacement, the porch foundation is in need of replacement.as well as needing much updating to pass any building inspection for current code compliance. Much of the current foundation will remain. Foundation will only be removed at areas where the house is being expanded. The porch foundation will be re-built. The lower level is walkout and has a sub-standard wall which can either have 2x6 studs piggybacked to the existing studs or we would rebuild the wall. Rebuilding the wall is a much preferred method of remodeling and what we hope to do. The same options of construction can be applied to the main floor walls that will remain. The main floor is currently cantilevered at lakeside further than current codes allow for cant’s, so we will need to cut it back and re-build it without cantilevers. Given that the whole main level lakeside wall needs to be re-built to eliminate the cantilever, it has been suggested by contractors to rebuild the floor- for several reasons- to Improve constr. & eliminate rebuilding of sub-standard areas, to raise the height of the lower level to current ceiling heights, and allow for clear spans. This concept has now been incorporated into our plans. The ceiling plate heights will be raised and a totally new roof truss system installed The exact size and shape of the existing and proposed house are shown p. iiiM\r.m<ic.\ overlaid on the site plan submitted for variance. If you have any questions please feel free to contact the Olsens or myself. ▼ 4111 I \<l I AKI SIRIKI Sincerely, . Kathryn Al#<ander U \N^\r\ MS «5>M ((>12) 4‘3-8T:7 FAN r 1^evi<,ejD ■— - ^£J b0^IC6M| WY^rITi W i!M HilHllPlili L.AKfe<«»toe EU£v>.T»eM_Cg|4gq*r »-»,6''' r» »4 t? o (§1 r-11-20-97 10:04 FAX 612 473 S222 ALEXANDER DESIGN «AJU)CUVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) existing Hardcover tn rnivr f 75-250'250-500' A. House LengtIfJ Widlh S.F. X X X S.F. S.F. S.Fi B, Garage C. Driveway = liTvdikiflduCvA.s.F. X X D. Sidewalk X X E. Patio/TDeck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X 100 - PROPOSED Hardcover tn zone A. House B. Garage C. Driveway tfdoKlc- D. Sidewalk E. Paiio/Dccic F.Landscape Underlain By Plastic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE _ _ _ _ B X 100 " S.F. ____ S.F. S.F. ______S.F. Ala ■=liS€) -2&.felC> S.F. S.F. I^(p4<0 S.F. S.F. S.F. ^ S.F. ftlgp S.F. AIA S.F. % S.F. S.F. S.F. S.F. 11^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. >44^^ S.F. S.F. A B A B m V HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN 7.r>NF A. House /aamAig Lenjthi^ 250-500*500-1000' X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Dcck X X F. Landscape Underlain By Plastic X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERIT AREA IN ZONE A r- B X 100 PROPOSED HARDCOVER IN ZONE A. House ___ X Length Width X X X B. Garage C. Driveway ^X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ B X 100 S.F. • • S.F. *S.F. S.F. /K.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. 1^% S.F. S.F. S.F. S.F. S.F. S.F. V S.F. tf^ C^j.S.F. S.F. S.F. S.F. r>S.F. S.F. S.F. S.F. 2)/oOCl^S.F. 1C9.4v*5>S.F. ___LrLi.% A B A B MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20,1997 (#12 - #2304 Deborah Shell - Continued) Schroeder moved, McMillan seconded, to approve Application #2304. Vote: Ayes 6, Nays 0. (#13) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - PUBLIC HEARING 10:45-11:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Bressler reported that the application is for remodeling and expansion of an existing residence to include an attached 4-stall garage and loop driveway requiring a lakeshore setback, and hardcover variances in the 0-75' and 75-250' lakeshore setbacks. A revised survey was presented. Bressler indicated that due to the lot configuration, the building pad on the lot is restricted. Staff recommends approval of the application subject to conditions noted which include elimination of the loop portion of the driveway, plastic under landscaping, and with the notation that no fiirther hardcover would be allowed in the future. Bressler reported that the applicant has agreed to remove the plastic under the landscaping. Olsen said the plans have changed due to the homeowners’ association covenants requiring a 20' side setback. The plan currently calls for a 10' side setback. He would like to move the d esign down 10' to satisfy this requirement. Hawn said in order for this to occur, a new plan would have to be submitted. Bressler noted that hardcover calculations would change. Berg questioned what existing foundation and walls would be used. The existing foundation and walls to be used were noted. The house is a walk-out style. Lindquist said he would agree in principle to this change but would require reviewing the plan. Olsen said there was a time limit problem for beginning construction this year. Hawn asked about the elimination of the loop and location of the well. Olsen said he has reduced hardcover 1185 s.f. in the 0-75’ setback with the elimination of driveway and retaining walls. The applicant's designer asked if approval could be based on percentages and changes meeting the percentages required. Cr MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 1997 (#13 - #2305 Roger and Elizabeth Olsen - Continued) Schroeder indicated he would have to review the plan. Berg said she would like to see what the impacts are. Schroeder suggested guidance be given to the applicant. Lindquist asked that the hardcover calculations be improved. Berg noted that the Planning Commission must review the application that will be seen by the Council. Olsen said the shift would change the front setback from 35’ to 32' and asked if that was a big consideration. He was informed that Lindquist that it was a consideration. Schroeder questioned the need for 4 garage stalls. Lindquist informed the applicant that the City does not like to see any structure within the 75 lakeshore setback. Mrs. Olsen suggested the plan eliminate the 10' within the setback that is in question by the covenants. Olsen said he could eliminate 10' from the plan but would lose storage space. Lindquist suggested the architectural design be considered as well. Schroeder moved, Berg seconded, to table Application #2305. Dr. Bill Cottleman, a next-door neighbor, was present representing the homeowners' association. He submitted a letter fonn the architectural committee regarding their restrictive covenants. He noted their restrictions are more stringent than those of the City. He said the homeowners' association would approve the home being more centered on the lot. A copy of the letter was submitted to staff. He said the association prefers to see as much distance between the homes as possible. Vote: Ayes 6, Nays 0. (#14) #2307 ELLEN PETERSON, HAVING AN INTEREST IN 3355 CRYSTAL BAY ROAD - VARIANCES - PUBLIC HEARING 11:05-11:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Photos were shown of the property. Bressler reported that the applicant is proposing construction of a 282 s.f. carport wdth a deck above it attached to the front of Ae existing residence. The 12' wide carport would extend 22' out over the existing driveway with a walkway. This proposal will require variances for side setback, lakeshore setback, and 0-75' and 75-250' setback hardcover. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17,1997 Vote: Ayes 5, Nays 0. (#3) #2305 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - VARIANCES - 6:47-7:03 P.M. The applicant and architect, Kathryn Alexander, were present. Bressler presented pictures of the property. The applicant is proposing remodeling and expansion of the residence to include a 4-stall attached garage. The application requires variances for lakeshore setback and hardcover in the 0-75' setback. There is no problem with average lakeshore setback as noted in the topographical map. The residence currently has a 3-stall side loading garage. The driveway conilguration has been changed. The existing residence encroaches the lakeshore setback. The allowable building space is limited by the property. Only a portion of the existing foundation will remain; further information is included in the packet. \ The total hardcover is proposed at 19%. The 1.02 acre property is located in the one acre zoning district with 3/4 acre in the 0-75' setback. The street setback is also restricted. Bressler reported Staff recommended approval subject to maintaining a 34' lakeshore setback from the designated OHW where 75' is required. Encroachment on the lakeshore setback will not be increased by the improvements. Staff recommends hardcover be maintained at a maximum of 14.5% in the 0-75' lakeshore setback where 20% is existing. 16% is proposed, and none is allowed. Bressler indicated that the amount of existing hardcover excluding landscapi.ng underlain by plastic is 14.5%. This figure could largely \ t i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17,1997 be met by eliminating several proposed decks and existing patio area on the lake side of the residence. By approving this percentage, there would be no net gain in the amount of hardcover on the property, not including plastic under landscaping. Staff recommends all landscape underlain by plastic in the 0-75' lakeshore setback be removed prior to commencement of new construction. The applicant has agreed to this provision. Staff also recommends that no further hardcover variances be granted to this property in the future. Mr. Olsen, in noting the difficult lot, said he preferred not to reduce the hardcover further than the proposed 16% to 14.5%. Ms. Alexander said the total hardcover is less than the 25% allowed. Hawn informed the applicant that trading hardcover for landscaping underlain with plastic is not the same and does not justify the additional hardcover. ¥i Lindquist said he agreed noting there is a large amount of structure on the property and is of the opinion that the applicant should maintain the 14.5% hardcover maximum. Stoddard asked Bressler to explain the suggestions for hardcover removal. Alexander noted that as suggested, the hardcover would still be over 14.5%. Bressler informed McMillan that he arrived at the 14.5% by subtracting the landscaping underlain with plastic from the hardcover. The balance of hardcover to be removed would come from eliminating a portion of the patio, dog run, decking, or decreasing the size of the addition. Olsen said that he would have to eliminate the existing patio or addition even if all of the decking was eliminated. Lindquist informed him that if the residence was new t- \ \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17,1997 construction, he would not be allowed any structure in the 0-75' setback. Olsen acknowledged that the home would not have been able to be built to meet today's standards. Alexander noted that the patio consists of pavers and asked if pavers with drainage holes is still deemed hardcover. Lindquist said they were. Alexander said eliminating 1.5% of hardcover would consist of 497 s.f. When asked by Hawn what items are necessary, it was noted that the dog kennel could be gravel and the patio could be reduced in size. This would amount to less than the decrease being required. The patio is 810 s.f. and could be reduced. There were no public comments. Stoddard moved, Hawn seconded, to approve Application #2305 for lakeshore setback, hardcover variance in 0-75' setback, subject to revised Staff recommendation including a 41' lakeshore setback variance for structure to remain at 34' from the OHW, hardcover variance for a maximum of 4415 s.f. in the 0-75' setback, and plastic under landscaping moved in the 6-75' setback. The reduction in hardcover in the 0-75' setback will be decided by applicant subject to staff approval. Vote: Ayes 5, Nays 0. (#4) #2308 BROOK PARK REALTY, 3560 SHORELINE DRIVE - PLANNED RESIDENTIAL DEVELOPMENT AND CLASS U1 PRELIMINARY SUBDIVISION - 7:03-7:39 P.M. Bill Gleason was present representing Brook Park Realty. J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ZONING ADMINISTRATOR'S REPORT *.* (#3) #2279 G. MARC AND TRACY WHITEHEAD, 1220 LYMAN AVENUE - RECONSIDER PRELIMINARY PLAT APPROVAL Mrs. Whitehead was present. Gaffron reported that discussion was held at the last Council meeting regarding the park dedication fee. Pursuant to Staff discussions, Staff recommends reopening the preliminary plat resolution to enable Staff to draft for incorporation into the resolution additional findings related to the nexus and proportionality issues related to the park fee. Mrs. Whitehead had no comments. She verified Staff and Council reviewed her letter faxed to the City Office. Gaffion indicated the fax was received on this date and distributed for Council review. Jabbour informed Whitehead that the Council plans on acting on the application m a timely maimer. Mrs. Whitehead said she appreciates that. Jabbour said the Council must also protect the interests of the City. Jabbour moved, Peterson seconded, to reconsider Resolution #3966 for purposes noted. Vote: Ayes 3, Nays 0. Jabbour moved, Flint seconded, to direct Staff to draft findings of nexus and proportionality for inclusion in Resolution #3966. Barrett verified that the findings will include the nexus and proportionality of the subdivision's impact on parks. Vote: Ayes 3, Nays 0. (#4) #2305 ROGER AND ELIZABETH OLSEN, 814 PARTENWOOD ROAD VARIANCES - RESOLUTION NO. 4003 The applicants and architect were present. Van Zomeren reported that the 1.02 acre property is located in the LR-IB Residential District and meets the minimum lot requirements. Pictures were presented of the property. The existing house is located within 75' of the lakeshore. The lot is unusual as the lot extends along the lake but is narrow in its depth. The application is a proposal for a 4-car garage and additions to the residence. A patio with pavers currently exists. The Planning Commission unanimously recommended approval of the 41’ variance for lakeshore setback for the residence 34' from the lakeshore and 15.3% hardcover variance in the 0-75' setback where 20% exists and none is allowed. : I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 (#4 - #2305 Roger and Elizabeth Olsen - Continued) . • The applicant had no additional comments. Jabbour asked if any of the hardcover resulted from replacement of non-structural hardcover with structural hardcover. Van Zomeren explained what currently exists and is proposed. She indicated the plan is reduced from the original proposal by removal of a dog run and balcony on the lake side. Van Zomeren said additional structure will occur. Jabbour explained the issue of concern. He noted that applications have been reviewed where illegally non-conforming hardcover is approved as part of an application becoming legally non-conforming hardcover and resulting in more permanent structure on properties. Jabbour said when the non-conforming hardcover is reviewed, the Planning Commission assumes it has been placed their legally through the permit process but has been added since the original application for construction on the property was made. The City has not verified if the property has changed since the last application and the hardcover is used for trading for additional structure. Kathryn Alexander, the architect, said the property is the same as existed when the original permits were issued. Jabbour said his point referred to other situations. Peterson expressed her surprise that the residence was able to be built originally. Jabbour indicated that it was approved just prior to the current zoning ordinances. Jabbour moved, Flint seconded, to approve Resolution No. 4003. Vote: Ayes 3, Nays 0. (*#5) #2311 LOREN FRITZ, 3845 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4004 Mr. Fritz was present. Peterson loved, Flint seconded, to adopt Resolution No. 4004. Vote: Ayes 3, Nays 0. (*#6) #2313 TOM AND KARISTEINKE, 910 DAKOTA AVENUE - VARIANCE RESOLUTION NO. 4005 Peterson moved, Flint seconded, to adopt Resolution No. 4005. Vote: Ayes 3, Nays 0. CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^0 0^ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 ANT) 2 FILE NO. 2305 WHEREAS, Roger and Elizabeth Olsen (hereinafter "the applicants") are owners of the property located at 815 Partenwood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 2, Partenwood (hereinafter "the property"); and WHEIU*:AS. the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space located 34' from the 929.4 ordinary high water mark where 75' is required and requiring a hardcover variance of 4,413 s.f. (15.3%) where 5,815 s.f. (20%) is existing and none is allowed as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council pf Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2305. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in area. The property consists of 1.02 acre. 3.The Orono Planning Commission reviewed this application on November 17, 1997 and recommended approval of the proposed variance based upon the following findings: •f 1. The proposed additions would not further encroach on the OHWL, Page 1 of 5 k CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. A 0 4_____ 2. The configuration of the lot severely restricts the allowable building 'pad. 3. The amount of hardcover in the O' to 75 ’ lakeshore setback would be reduced from 20% to 15.3%. 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply genLi....iy to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the commumty. 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, Subdivisions 1 and 2 to allow the remodeling and expansion of the existing residence located 34' from the OHWL where 75' is required and hardcover of 4,415 s.f. (15.3%) in the O' to 75' lakeshore setback where 5,815 s.f. (20%) is existing and none is allowed. 1.All plastic under landscaping must be removed in the O' to 75' lakeshore setback prior to any ^cw construction. 2. 3. No further variances will be granted to this property in the future. •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 (November 24, 1998). Page 2 of 5 1 CITYnfORONO RESOLUTION OF THE CITY COUNCIL 4004NO. 4.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of November, 1997. AT^ST: Dorothy M. Maljm, City Clerk PropOTyOwTier(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of November, 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 on behalf of the City. JAMELfiBUlARirwMMeottCOUNTY fiNtaJnSl, NotarW Public \J Page 3 of 5 CITY of ORONO m RESOLUTION OF THE CITY COUNCIL NO. _4 0 0 4 STATE OF MINNESOl \ ) )ss. COUNTY OF HENNEPIN ) On this day of 7^/ . 199^ before me a Notary Public within and . ^ for said county, personally appeared /T known to me to be the person(s) desciibe<f^in Wd who executed the foregoing instrument, acknowledged that he (they) executed the same as his (their) free act and deed. and '^y>u.K JAMIE LGBMR NOTARY PUSUC-MMOOttjewEnNoISif MyCcmmissicoEiylfesJKtt.B •- A NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ., 199 _before me a Notary Public wthin and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 5 eioo COUNCIL MASTING Date of Application; 9/23/98 Date Complete: 9Hi 19% 60 day limit: 11/23/98 OCT 2 6 1998 errvciPGftONO REQUEST FOR COUNCIL ACTION DATE: October 21, 1998 ITEM NO.; / ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviet^ed:Agenda Section: Zoning Item Description:#2432 Greenfield Corporation 4755/4775 Bayside Road Private Driveway Easement-Revision to Subdivision Zoning District: RR-IB Rural Residential District (2 acres) Lot Area:Lot 1 2.10 acres, 2.05 acres excluding the storage pond Lot 3 2.4 acres Application:The applicants have sold Lot 1 and have granted a 20' private driveway easement over Lot 3 to provide access to Lot 1. Lot 3 is vacant and Lot 1 is under construction. The private driveway easement does not comply with the approval resolution for the final plat. The final plat showed an outlot for all three lots along Bayside Road. The driveway for Lot 1 was to be located off of the end of the outlot, not via an easement across the adjacent property. This application is to accept a revision or amendment to the final plat resolution. Staff was not in favor of a private easement. % ( Date of Application: 9/23/98 Date Complete: 9/23/98 60 day limit: 11/23/98 PLANNING COMMISSION RECOMMENDATION: On a 5-0 vote, the Planning Commission recommended denial of a private easement and in lieu thereof suggested that the applicant be directed to apply for a lot line rearrangement, however, the Planning Commission recognized that a lot line rearrangement would require a lot width variance for Lot 3 and the City Council would need to review the matter. COUNCIL ACTION REQUESTED: To direct staff regarding a denial resolution for accepting a private driveway easement and to direct applicant regarding applying for a lot line rearrangement that will also require a lot width variance. Attachments TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator October 15,1998 SUBJECT: #2432 Greenfield Corporation, having an interest in 4755 and 4755 Bayside Road Driveway Easement—Amendment to Subdivision Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 acre) Lot 1 2.10 acres, 2.05 acres excluding storage pond Lot 3 2.4 acres i Application:The applicants have sold Lot 1 and granted a 20' private driveway easement over Lot 3 to provide access. The privr*e driveway easement is not in compliance with the approval resolution that required that access to Lot 1 was to be via Outlot A ANALYSIS Lot Area and Yards RR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 2 acres 200 ’50 ’30 ’50' Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Rear Yard Lot 1-2.05 acres 205 ’>50 ’30 ’>50 ’ Lot 3-2.4 acres 200 ’no structure no structiue no structure # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-lO/19/98 page~l A new residence is under construction on Lot 1. It complies with all of the minimum lot area, lot width, and setback requires. Lot 3 does not have a structure on it. At the time of subdivision there was considerable discussion about the driveway outlot access and the preference to not grant lot width variances. The City Council adopted the preliminary plat resolution (Res.3750) and final plat resolution (Res. 3798) which required that the outlot be divided equally in thirds for ownership among the three lots. Access was to be provided to the lots adjacent to Bayside Road via the outlot. Each lot was to meet the lot width requirement of200'. Lot 3 and Lot 4 were both platted at 200'. Lot 1 is platted at 205'. If the proposed driveway for Lot 1 had been platted as part of Lot 1, then Lot 3 would not meet the lot width requirement. The City's consulting engineer has reviewed the proposed driveway and has indicated that from an engineering standpoint it is acceptable. He noted that a culvert may need to be built to provide for runoff Options 1.The applicants could propose a lot line rearrangement which would remove the area of the driveway easement from Lot 3 and attach it to Lot 1. That would result in the need for a lot width variance for Lot 3. 2.The City could recognize the driveway easement over Lot 3 in favor of Lot 1. The lot width for Lot 3 would continue to be considered 200', however, the area of the driveway easement would not be included in the lot area calculation for Lot 3. Further, the applicant would be required to install a culvert to provide for the concerns identifled by the consultant engineer. The City would require that a resolution be adopted accepting the easement with an executed copy of the easement attached for the public record. STAFF RECOMMENDATION Easements for access purposes are inferior to platted outlots. Staff frequently receives inquiries from the public about driveways and easements. They create considerable confusion among adjacent property owners as to ownership and rights. Issues in the past have included location of garbage cans, mailboxes, landscaping, mowing, and maintenance. The Planning Commission should discuss the two options in the context of the engineer' report and the minutes from the subdivision approval process. # 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-W/19/98 page~2 i ‘ .r I f ► »»r % Attachments A B C D E F G H I J K L M N J K Application Applicant’s letter Proposed easement survey Engineer's letter Property owners list Final Plat with setbacks Final Plat as recorded June 10, 1996 minutes July 22, 1996 minutes August 12,1996 minutes November 12, 1996 minutes Declarations Res. 3750 Res. 3798 a 2432 Greenfield Co. 4755/4775 Bayside Rd. PC-lO/19/98 pages i Application # Q- Date Receiyed Q- Amount Paid /cTh ___ A CITY OF ORONO - SUBDIVISION APPLICATION PROPEPTY LOCATION < i_ \ Site address V 7^^ 7775^ BM/SiJe Property Identification Number (PID) 38 Qfe-in-33 (415^) Pk j.se check one - Property____abstract or \y^ torrens? Attach legal description to application, ^ I CS ^>cl c. APPLICANT Name ^M=L)-CT> <£7^r\ Address Ciu- /mnM, Al Zip Phone (home) *7 _ Phone (work) ySO'322 .0 OWNER (if different than applicerent mana] Name & tjaewTuau*. Address • KO )4<jLuTtr^ D/^ City Cl) tK^^A-T-A . Mti SS3^\ Zip (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size Present use (check) Present Zoning District PROPOSAL ~Z. 4 Ac Acres Dry Land Ac- Acres Wet Land 2.^ A-<- Acres Total, all parcels 1 Residential; no. of units S» Other (specify)______ Phone (home) f _Phone (work)~~3^^ £cco pteeHWT Accost Lo^-? C *+l<^) -fo^ Lof I Hnis) Division for Tax Purposes____ Lot Line Rearrangement Only (no new buildling sites; Subdivision for New Building Sites Number of Building Sites I I Proposed Gross Density Minimum Lot Size Proposed Use (check) Existing Units New Units Total Units Units per___Acres Sq. Ft. Dry Buildable Land Residential Other (specify)_________ ' 0- (y 1) 1 ” •1 MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION 1. Payment of fees (refer to "application 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. Cemer 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__________________________________ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. L .1 _________ I* APPLICATION FEES (Zoning Administrator to check pC] those which apply) A. Application Base Fees: _____ Sket.-h Plan Review (Class I, II & III) S250.00 _____ Subdivision of a Lot Line Rearrangement S3 50.00 _____ Subdivision Application (Class I & II) $350.00 _____ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) _____ Final Plat Application (Class III) $200.00 _____Legal Review and Filing: _____Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 Totals _____ Park Fees (to be determined per Section 11.62) _____ Legal and Engineering Review Fees (as incuirtuy _____ 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/lineaI ft.;_____lin. ft. x .50 = $______ Proposed Public Roads $900.00 + $.50/lineal ft.;___ lin. ft. x .50 « $ Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed 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 _____ Variance $220.00 ($50.00 per each additional variance) X Easenwnt'^i^acatioTr Assuctated-wrth-Stibdivtsion S 100.00 PRD Application with Subdivision $30.00/Dwelling I’ Applicant must have all submittals into the City Office 25 days before the Planning 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 Office of this change prior to the meeting. 1 Oct 07 90 12:40p Laurie M. Lundeen 938-8144 P-2 Greenfield Corporation Laurie M. Lundeen 3220 Hopkins Crossroads Minnetonka, MN 55305 Hilloway Corporation Jim Penning 1550 Hunter Drive VVajiata, MN Ms. Liz Van Zomeren October 7, 199S City Planner/ Zoning Administrator City of Orono 2750 Kelley Parkvvay Orono, Minnesota 55356 Dear Ms. Van Zomeren Thank you for yoiu letter- of October 1.199S I did not realize that the application v^as incoujplete. In your- letter- you leferTetl to the access as no longer "via the platted Oudot." It is my intentiou to maintain the only access to the lot by vjny of the outlet. What I am requesting is that \M5 be able to grant a private casement for driveway purposes over the westerly 20 fact of lot 3. This casement would run in favor of Lot 1. When the property was graded and the private road consmicted on Outlot A to serve lots 1, 3 and 4, Oradwick we chscover-ed that a drivew/ay conring off the side of the Outlot was prefer able to a cUiveway that would come off the and of the Outlot. We concluded this because 1. Ther e would be less removal of tr ees dir ectly in the path of the cbiveway. 2. Because the dhveway trava-ses a medium sized ravine there would be less filling of the ravine and less tree removal on the side slopes where the fill would be placed. We have since sold Lot I and a house is being consti-ucted on it. When we sold it, we granted the buyer an easement aver the westerly 20 feet of Lot 3. In other cities where I have developed real estate it has niu been necessary to got approval fi-om the Crty For private casement puiposes. But I have since learned that Or ono has had special ctrcrjtmstances occur that have necessitate this ordinance. Ignorance of the ordinance; of Oronn, on my part, is no excuse for my granting of the easement. The easement was only granted to save trees and grading. I am rcspcctfiffly requesting the City of Orono to peimit my gr-anting of a driveway easement over the \vesterly portio'a of Lot 3, Chadwick- in favor of Lot 1, Chadwick. Thank you, I appr eciate your consideration of this inaner-. Sincerely. ^<ucUc'2f(. ^ttiuCecu Laurie M. Lundeen President Greenfield Coiporarion /] I S 89*45' CERTIFICATE OF SURVEY FOR EVAN MELINE' ' OF LOT 1. BLOCK 1, CHADWICK HENNEPIN COUNTY, MINNESOTA BAYSIDE ROAD ___ W 15.00 N 0*h0 ’ 15 ” W I 30.00 N 89*45 ‘E 15.00 rp co^rct44S I 6€rrfA ^ O 10 C/)Xo10m a10 jiic/> I FHAi nFqCRPTtOi^ QT PREMISES ! Lot 1. Block 1.: CHADWICK o : dervoUs ir(>n morker (iots.6): der>otet existing spot elevation, mean sea level datum iioi2.a \: denotes proposed spot elevation, nieon sea level dotum .. ^1004 — «- denotes existing contour line, mean sea level datum Bearings shown ore bosed upon on assumed datum. lot area « 89,944 SO FT. (2.065 ACRES) This survey intends to show the boundaries of the obove described property, and the proposed locotion of a proposed house thereon, it does not purport to show ony other improvements or encroochments. PROPOSED ELEVATIONS : 1) BASEMENT - lr##.r.71 2> TOP OF FOUNDATIW - 3) garage • 0CSKf40 R1V6I0N oatc OC|CWmON (D /-v< ft DftAWN a>9 ii fS ^ PAtPt/ COFFIN k GRONBERG, WG. CONSULTWO ENCtCtRS, LAND SURVEYORS. SITE PLANNERS ' V. ■ .4k ‘.'r - , ■ vT •1.4, A ii 4 1 I »€REBY CERTrt THAT TUS PiAH. SPCCT^ATOi 0* ICPOilT WAS pecPAfvo BT hc Oft itcce my oertCT supcrvb »n ah > THAT I AM A DULY LCCNSCO PfIOFCSSIONAL eNCSCCR IKXJt TKC LAWS or TK state or mmcsota . ^ALE DATE 4-23-98 ^ J Bonestroo rim Bosene Anderlik & IVll Associates Engineers & Architects October 14, 1998 Elizabeth VanZomeren City Planner/Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Bonestroo. Rosene Anderttk end Assoc>etes. inc is tinAff t v ; * tijn Equ^l Opportunity Employer Principals Otto G Bonestroo PE • Joseph c AncJcrlik. Pt • varyin L. Sorvala. PE • Kich<«r(i E Turner. ?E • Glenn R Cook P£ • PoDer: G Scnumcht. PE • Jerry A Bourdon, PE • Robert W Rosene. ?E and Susan M Ebenm. C PA , Senior Consultants Associi^te P'incrp,9's Howard A Sanford PE • Keitn A Gordon. PE. • Robert R Pfefferle. PE • Richard 0/ Foster. Ft • David O Loskora. PE • Robea C Russek. A I A. • Myk A. Hanson. PE. • Michael T Rautnarn. PE • Ted K Field. PE • Kenneth P Anderson, PE. • Mark R. Rolfs, PE. • Sidney P Wiliiamscr'. PE . L S • Robert F koTsr^itn • Agnes Vt R'ng • Michael P Rau. PE • Allan Rick Schmid!. PE Offices St Paul Rochester. X:ilmar and S: Cloud. \1N • Mil waukee. Wl Weosite WWW bonestroo com D Re: Greenfield Driveway Easement File No. 139-2432 E)ear Liz: We have reviewed the request for a drivev.'ay easement for Lot 1, Block 1, Chadwick. The site is located in the southeast comer of the intersection of Bayside Road (C.R.84) and North Shore Drive West (C.R. 19) in the north half of Section 6. Based on a site visit and a review of the Certificate of Survey, we have the following comments in regards to engineering matters. 1. Access: The revised driveway alignment across the proposed easement appears to be acceptable from an engineering standpoint. The new alignment would result in less tree removal and minimize impacts to the ravine. Our site visit did indicate that a culvert under the driveway may be necessary at a point approximately 120-feet south of Outlot A so that runoff is not trapped east of the driveway. Please contact me at (604-4863) if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. /o?y? Tom Kellogg Cc: Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 ■ Fax; 612-636-1311 RUN DATE 09/23/98 BATCH 509 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 36 01-H7-29 11 09885 CO RD NO CARY 0 t THERESA GARY 0 t THERESA 9885 CO RD 19 MAPLE PLAIN MN 0005 19 A REIERSEN A REIERSEN 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 01-117-29 11 0006 00036 ADDRESS UNASSIGNED GARY 0 f THERESA A REIERSEN GARY 0 8 THERESA A REIERSEN 9805 CO RD NO 19 MAPLE PLAIN MN 5535«» REPORT NO. PI935901 PAGE 7 38 06-117-23 22 0017 09665 BAYSIDE RD I T C M L GEFFRE IRVIN f MARJORIE GEFFRE 9665 BAYSIDE RD MAPLE PLAIN MN 55359 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 06-117-23 22 0018 00038 ADDRESS PENDING ERVIN A WACHMAN JR ERVIN A WACHMAN JR 2135 SALEM CT LONG LAKE MN 55356 38 06-117-23 22 0021 09755 BAYSIDE RD HILLOWAY CORP ET AL NILLOWAY CORP I GREENFIELD CORP 1551 NUNfER DR WAYZATA MN 55391 38 06-117-23 22 0029 00180 NORTH SHORE DR W ROONEY B COLSON ROONEY B COLSON 180 NORTH SHORE DR MAPLE PLAIN MN 55359 38 31-118-23 33 0007 09790 BAYSIDE RD L YOGERST S 0 DUNN D DUNN > L YOGERST 9790 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 22 0019 09775 BAYSIDE RD EVAN R MELINE EVAN R MELINE 16901 GRAYS BAY BLVD WAYZATA MN 55391 38 06-117-23 22 0022 09725 BAYSIDE RD J W MORGAN JR t D G PULFORD J W MORGAN JR B D G PULFORD 815 PINEVIEW LA N PLYMOUTH MN 55991 38 06-117-23 22 0025 00038 ADDRESS UNASS16NED HILLOWAY CORP ET AL HILLOWAY CORP B GREENFIELD CORP 1551 HUNTER DR WAYZATA MN 55391 38 31-118-23 33 0011 00038 ADDRESS UNASSIGNED B R LANGE B J tt BURRELL BRUCE R LANGE SUITE 615 53 W JACKSON BLVD CHICAGO IL 60609 38 06-117-23 22 0020 00070 NORTH SHORE DR W JERRY R BOLDENOW JERRY R BOLDENOW 16912 EXCELSIOR BLVD MINNETONKA MN 55395 38 06-117-23 22 0023 00150 NORTH SHORE OR W S D B J A OZUBAY STEVEN D S JULIE A DZUBAY 900 FORD RD Rill ST LOUIS PARK MN 55926 38 31-118-23 33 0006 09720 BAYSIDE RD B PETER ACHEY ETAL B PETER ACHEY 9720 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 33 0012 00150 MCCULLEY RD MARCIA A BARNUM MARCIA A BARNUM 10569 PARKER DR EDEN PRAIRIE MN 55397 L.. ■ i\ • i.i PROP ADDR OWNER NAME TAXPAYEK NAME/ADDR 38 31-118-23 33 0013 09680 BAYSIDE RD H D SLETTEN 8 M K SNETSINGER M D SLETTEN B N K SNETSINGER 9680 BAYSIDE RD MAPLE PLAIN MN 55359 70 36-118-29 99 0009 00087 MCCULLEY RD LARRY B SUSAN VENSEL LARRY B SUSAN VENSEL 87 MCCULLEY RD MAPLE PLAIN MN 55359 TOTAL BATCH 509 00017 Vi miN DATE 09/23/9S HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PIA35401 PAGE 8 BATCH 504 38 06-117-23 22 0004 100 NORTH SHORE DR W S M CAMP ET AL STEPHANIE M & ROBERT E 100 NORTH SHORE DR W MAPLE PLAIN MN 55359 CAMP I CERTIFY THAT THE *ACTS 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. AA DATE » " I IJVBY •PARTMENT OF PROPERTY TAXATION, TO THE Bl 1 ■ ' ^ m f -i t* %a r[ ^ 1 I I /-X- V -.td.>yRD.' ■ «:■, V. ■jA ' uv • f -V >.. V \ > ‘•jGW'TlOT X I rM >7f^^c. i.os'7^ €kCt^»> Jr**0tf «\s %\ ^ \ "'NW\ * 4_I -l’ ^ ■ N > \ rnto 200 ir» ••'^v ' '? : 'A\ <r .,oz^' <■> y> 5 S’oi J ,0*0 / \ 'V ! i. L. \ / ^ ■f O H- 5*.«•/ K' » « • ^C 4 ;i,\ ^20* N t / / '%- ■ \ ;-5 O i4^ v<* jiff* / A»/l f / /• < r y •v f M% u/ffi4A^^rfl44^0t >. r / ^ r Jt ^.o"r r ' I S.tl t 4<. ^.JiSkf. /A^0*OAft u/(ri4»^-f' 2. 93*At. P*r / V.'’V.Jn. {'•* v)«r.rU ^'’•'"4 ^ A' Z-r C ul .1 iL f MINUTES OF THE REGULAR ORONO CITY COUNCH. MEETING HELD ON JUNE 10,1996 (#3 - #2112 Richard and Janet Putnam - Continued) Goetten informed Putnam that she has heard his comments, and the Council is looking into where the process may be speeded up, noting there are places where it cannot. WTiile there may be possible areas for improvement, Goetten said the City tries to be fair and not single out any one property. Goetten says she does not care for after-the-fact variances, but reiterated that Putnam's comments will be considered in their review of the process for possible changes. Kelley moved, Callahan seconded, to adopt Resolution #3730, granting an after-the-fact hardcover variance to Richard and Janet l^tnam of 2765 Casco Point Road for replacement in-kind of the existing deck. Vote: Ayes 2, Nays 1, Goetten, noting she did not vote in favor of the variance in 1988 and is not changing her mind at this time. ('■#4) #2133 JOHN AND KARLA SPOONER, 1385 ORONO LANE - VARIANCE - RESOLUTION #3731 Goetten moved, Kelley seconded, to approve Resolution #3731. Vote: Ayes 3, Nays 0. (*#5) #2134 ROBERT ALBRECHT, 1810 SHADYWOOD ROAD - AFTER-THE- FACT VARIANCES - REQUEST FOR REFERRAL BACK TO JUNE 17 PLANNING COMMISSION Goetten moved, Kelley seconded, to refer the revised proposal of Zoning File #2134 to the Planning Commision for review on June 17th. Vote: Ayes 3, Nays 0. ^ (#6) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST - PRELIMINARY SUBDIVISION Mark Gronberg and Laurie Lundeen w'ere present. Mabusth reported that the 17.2 acre site received preliminary approval for a 2-lot subdivision in 1986 for a single residential lot with a larger outlot for future development, but it was never finalized. The applicant proposes a 6 lot residential division with 3 lots served from North Shore Drive and 3 lots at the north from a private road with a cul-de- sac. The northeast access at riayside Road was selected as the best access in 1986 review. This access was to serve the subject property and property to east (Bayside Farms 2nd Addition). The extension road, Outlot B, will serve as access to future development vsithin Outlot C, Bayside Farms 2nd Addition. The developer will be asked to grade and seed the roadbed, as current owner of property to east has no immediate plans to build residence or subdivide. 4 MINUTES OF THE REGULAR ORONO CIT\' COUNCIL MEETING HELD ON JUNE 10,1996 (#6 - #2136 Greenfield Corporation - Continued) Mabusth continued that there are designated wetlands along with type 1 and 2 wetlands, which are not part of the City's mapping but require proteaive covenants The applicant will be asked to provide detailed plans for access to lot 6. Access for lots 1, 3, and 4 will be served by road outlot A and lots 2, 5, and 6 from two separate curb cuts off of North Shore Drive. The existing residential drive to lot 6 encroaches on the property to the south, is unsafe, and w ill be eliminated. A new shared access will be located on the shared lot line between lots 5 and 6. A detailed plan of this access will be required from the developer. The 26’ setback must be maintained from the wetlands and 20' setback from the drainfield area. The key issue for this proposal is access. The applicant wants to preserve the 3 obvious building sites and presented a similar plan outlining this arrangement in the sketch plan review. Based on the location of septic sites (2, 3, and 4), location of wetlands, and topography, the developer has asked to create a new curb cut at North Shore Drive and create a private road that would serve only 3 of the 6 lots. The code provides construction standards for typical section for road serving 3-6 units. The comprehensive plan is less detailed. It notes the general desire of the City to have private, internal roads, . instead of new curb cuts. In this proposal, there would be 1 new curb cut at North Shore Drive. Lot width variances would also be needed for lots 1, 3, and 4. The 12 septic test ^ sites reveal the need for mound systems. Mark Gronberg reported that the property consists of 655' at property line adjacent to Bayside Road. The County has asked for 17 additional feet for County Road 19 for a total dedication of 50'. This would allow 200' for each lot. Gronberg said, if the cul-de- sac was extended westward, the lot widths could be achieved. Gronberg did not care to do so. It would result in the elimination of lot I's building site. Gronberg noted the steep slopes. Gronberg remarked that the frontage along Outlot B would give lot 4 required frontage and argues whether a lot width variance is required. CoRds 19 and 84 also serve as frontage for lot 1. Lot 3 is located at the end of the cul-de-sac and would need a lot width variance. Kelley asked if the proposal could meet the ordinance requirements if the cul-de-sac was e.xtended. Gronberg said this is true. The variances are being asked for in order to pull back the cul-de-sac to put in the road for the adjoining property. Hurr questioned whether there was a need for a full cul-de-sac or for outlot A? If lots 1 and 3 shared a driveway and lot 4 came off of the outlot road, only a temporary cul-de- sac would be necessary. At this time, there is no idea when the lot to the east would be developed. There are no building plans for the outlot. It would be just graded and seeded. I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUM: 10,1996 (#6 - #2136 Greenfield Corporation - Continued) Kelley noted that lot 4 access would be in the first 50' of outlot B. Cook said outlot A could be eliminated. Callahan asked what the function of outlot B was? Gronberg said it was for the purpose of future development for site distance. I-aurie Lundeen asked Mabusth to explain the plans. Mabusth said, based on earlier directions of the City, the northeast comer was selected during the Olson subdivision as the best access for the subject property and property to immediate east. Goetten questioned why this developer has to provide the access for another development which has yet to be plarmed? Mabusth noted Staff is following directions of Council. Hurr asked why a shared road could not occur. Mabusth said it would eventually happen but would need a turnaround. Mabusth informed Callahan that the cul-de-sac in outlot B is necessary to provide a turnaround for emergency vehicles. Lots ' and 4 would be accessed fi*om outlot B if the cut was made from the top. If there was to be a shared driveway for lots 1 and 3 and bring a platted driveway down for lot 4 and the property to the east, a permanent cul-de- sac would be installed at a later date. It was discussed that outlot A could be eliminated, and leave outlot B as the main access road, and an easement taken from lot 4 for a temporary turnaround to eliminate any setback restrictions. The easement would then go away when the future road was built. Hurr asked if the drainsites meet the setback? Mabusth said they did. They are located mainly downhill. One site is at 8% for lot 6. Hurr was informed that the average distance fi’om the house to the septic sites was 300-400' for lots 2, 3, and 4. Gaffiron said this was unusual and pumping would occur but was not limiting these sites. Goetten said she was concerned that, when looking at the entire subdivision, gerrymandering was occurring to make 6 building lots. Goetten said she was not in favor of the subdivision as proposed. Gronberg likened it to a PUD with clustering of building sites. Lots 5 and 6 were noted to meet standards. Hurr noted that there was no standard in the code that requires lot width to be maintained for a specified distance. Mabusth concurred. Goetten said lots would still need to access a temporary cul-de-sac. Mabusth said lots 1, 3, and 4 would all come in at the northeast comer via the revised road outlot. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 10,1996 (#6 - "2136 Greenfield Corporation - Continued) Kelley commented th?* technically, the subdivision could meet standards but was now dealing with future development and safety issues. Mabusth responded that the Planning Commission was concerned with the internal road and saving the view. To maintain the best sites, the Planning Commission recommended approval of the internal road and lot width variances. Goetten said she disagrees with this assessment and sees it as an attempt to gain 6 lots. Mabusth said Planning Commission members were concerned for lot 4 with its limitations such as septic sites, type I wetlands, and need for a retention pond to treat runoff from new road bed. Mabusth said it was questioned whether there was adequate room for a rural residential building site. Gronberg said there is adequate room for a building site and was conscious of protecting the wildlife area. Mabusth commented that the Planning Commission was also concerned with protect'mg the alternate sites with the long lots and specified need for protective covenants to protect alternate sites. Kelley inquired why the primary sites are not located farther down the lots and the alternates up near the building sites. Gronberg said it was just a matter of a longer way to go. Kelley said if the primary fails, the water would seep down to the alternate sites. Gaffron said if the initial systems fail, they would be turned off and would have to wait to be built. He continued that when the first sites are done, care would be taken not to min the second sites. Callahan noted that all septic sites seem to be near to the protective wetland areas. He did not suggest changing the sites but questioned how protected the wetlands would be. Gronberg said the land rises 12* from the pond and does not anticipate the systems failing. Council debated whether the proposal was the best use of the property, the highest use, or the most intensive use, and what could be done if all standards were met. Kelley requested that the application be tabled, reconfigured with the cul-de-sac moved downward and outlot A eliminated, and new sketches be brought back to the Council. It wras noted that the Planning Commission approved the application in its current form. Hurr moved, Kelley seconded, to table Application ^2136 to allow the applicant to consider the direction given by the Council and present these changes to the Council at their next meeting. Callahan asked Goetten what suggestions she might have. Goetten asked for fewer lots noting her concern over access and drainfields. Goetten did comment that the proposed change by Cook was an improvement but would deny the application at this point. Callahan said he shared the same concerns to some point. Goetten said this would allow the opportunities for changes to be made depending on the majority opinion. ^^NUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNT 10, 1996 (#6 - #2136 Greenfield Corporation - Continued) Vote: Ayes 4, Nays 0, ^ Hurr noted that the lot width variances, by not extending the cul-de-sa«, ivould save ^ good building sites. (#7) REQUEST FOR SEWER, JOHN MARESH, 2085 SIXTH AVENUE NORTH/1095 BROWN ROAD NORTH Mr. Maresh was not present during the discussion of this agenda item. Gaffron said the applicant has requested consideration for sewering as part of the MUSA amendment or in addition to the Lakeview Terrace subdivision. Kelley asked about the west side of North Brown, soecifically, the Salem Court area, in reference to sewering. Gaffron said this area has mound type septic systems. Gaffron informed Callahan that the property in question consists of a vacant 2-acre parcel abutting Brown Road and a 3-acic homestead parcel abutting Co Rd 6. Goetten asked how' the septic was approved for the site without an alternate site. Gaffron said the sites had been approved in 1988, but a new evaluator, who looked at the property in 1996, did not think there were sites actually available. Gafifron said this would need to be reviewed further. Kelley said he felt it was a question of management. Callahan noted for purposes of this particular request that the property be placed on a list for consideration for future sewering. When the MUSA is then granted, the City can see what might be done for this property. Kelley said if the North Brown and Salem Court areas want sewering, it would help to defer costs. Callahan said this would not be decided at this time as there were no sewer units available. Callahan said with 5 acres, he found it hard to believe that there would only be one site for a septic system and asked Staff to check it out Gaffron noted the existing system was not w orking. The applicant has asked for a building permit. Maresh has agreed to upgrade as necessary. Gaffron said the applicant may want to hold off if the Council wants to go ahead with sewering. Callahan said he was not willing to give a sewer unit if septic sites are available and asked that Staff place Maresh on a list for possible sewering in the future. MES'UTES OF THE REGULAR ORONO CIT\' COUNCIL MEETING HELD ON JULY 22, 1996 /■ («4 - "2134 Robert Albrecht - Continued) Jabbour moved, Kelley seconded, to approve the resolution as presented with the change in language wording as noted He noted, if the motion were to fail, the next motion would be to table the application. Hurr asked if there was any time frame to which the hardcover restrictions would be limited. Gaffron said no time frame was set but it could be. Hurr said, if the motion were to pass, she would recommend a time frame be indicated. Vote: Ayes 2, Kelley, Jabbour; Nays 3, Goerten, Callahan, Hurr. Motion failed. Jabbour moved, Callahan seconded, to table the application to allow the applicant to consult with his attorney in respect to the denial action Vote: Ayes 5, Nays 0. The ap plication is tabled to the August 12 meeting of the Council. i^5) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRTVT WEST - PRELIMINARY SUBDIMSION - SECOND AMENDED PLAN Laurie Lundeen and Mark Gronberg were present. Lundeen asked the Council members if they had been on the site. Goetten said she has been there but not actually walked it. Kelley said he had been there many times. Jabbour and Callahan have also visited the site. Mabusth reported that the applicant has provided an amended plan based on recommendations made by the Council. The original plan proposed a private road with cui-de-sac, and the first amended plan proposed a configuration of private road with dri'.eway outlot The second amended plan proposes a 30’ wide driveway outlot to serve lots 1, 3, and 4 only. There are no lot width variances required with the amended plan. The owner of Outlot C, Ba>^•iew Farms, Second Addition, has been advised of the change. A private driveway for that sub-division would be intailed within outlots B and D. Callahan asked if the Staff h’d any problems with the proposal. Mabusth responded that the current proposal will not require lot standard variances. She also responded to a previous concern of the Council on why the Staff was so concerned with a road outlot being dedicated within this plat. Mabusth said the northeast access would serve as bes^ access for a future N7S through road This was the City's opportunity to plat sections of a future road when surrounding properties are developed. Access from the west would beneSt Waukman, as he too would be able to maintain views to lake and open space areas. Waukman was informed of this agenJt item on the meeting and asked to attend if he had further concerns. Jabbour asked how this applicant could be expected to carry ’ forward with the needs of another development. Staff responded that this is the basis for planning for future needs. It is Staffs responsibility to address these issues. MINUTES OF THE REGULAR ORONO CIT\' COUNCIL MEETEVG HELD ON JULY 22,1996 (#5 - #2136 Greenfield Corporation - Continued) Goetten noted that the proposal still results in the same lots. Jabbour thanked Goetten for insisting on no variances. Goetten said she felt the proposal was still gerrymandered She also noted that the Staff memo did not address her concerns regarding the configuration of the lots, and it should have. Hurt moved, Jabbour seconded, to approve the six lot plat as amended per revised drawings dated July 12, 1996 by Mark S. Gronberg. Vote; Ayes 4, Nays 1, Goetten. When asked, Lundeen said she was happy with the results as they were as they erigmated had w'anted. («*#6) #2137 WELLLAM DUNKLEV, 2709 WALTERS PORT LANE - DENIAL RESOLUTION #3743 Jabbour moved, Kurr seconded, to adopt Resolution #3743 denying variances to Municipal Zoning Code Sections 10.03, Subd. 14(C); 10.22, Subd. 1 & 2; 10.55; Subd. 8; and 10.56, Subd, 16(L) - File #2137, William and Susan Dunkley, 2709 Walters Port Lane. Vote; Ayes 5, Nays 0. (*#7) #2148 WAWE M. HOLMES & JACKIE DAHL, 1390 PARK DRIVE - VARIANCE - RESOLUTION #3744 Jabbour moved. Hurt seconded, to approve Resolution #3744. Vote; Ayes 5, Nays 0. (#8) MELANIE ROSE, 1020 BROWN ROAD NORTH - REQUEST TO WAIVE SURVEY REQUIRE.MENT The applicant was not present. Moorse said he has had discussions with the applicant. He reported that he asked Inspector Bruce Vang and GafFron to visit the property to get an idea of the setbacks. The sketch from the contractor notes about a 63' setback from the north side. This was found to have been measured from the edge of the paved road. Moorse said, noting that there is a 60' right-of-way and assuming the road was located in the middle of the right- of-way, measuring 30’ from center to define ihe lot line, it was determined that the setback to the proposed deck was 2-3’ less than the required 50’. Moorse said he informed Rose she would probably need to reconfigure the deck to meet the setbacks or a variance would be required. In both scenarios, she was informed that at least a partial survey would be required. Rose had told Moorse she would do so but did not necessarily agree to do the survey. MINUTES OF THE REGULAR ORONO CITV' COUNCIL MEETING HELD ON AUGUST 12,1996 J (US - #2134 Robert.Albrecht - Continued) Kelky said, if the intent of the 1991 resolution was not to increase the hardcover, the application before the CouncU shows a reduction. Goetten a^eed but was not in favor how it was being handled by adding another deck and removing hardcover elsewhere. Goetten did not believe the application would have been approved if brought before the Council as a proposal before being built. Goetten said she was not on the Council in 1985 but was involved with the application in 1991. It was her understanding that there would be no more hardcover allowed on the property. She added that the driveway, now being proposed for reduction, was installed for safety reasons. Goetten said she agrees with the conditions placed on the propert>' in 1991 and w'ould need to adhere to principles and would not vote for approval. When Mitchell noted the decrease of hardcover, Goetten responded that she was concern with continuing to approve applications that involve what the Planning Commission said no to in 1991. She also voiced concern with property owners constructing without permits and assuming it will eventuall} be approved anyways. Mitchell noted that the applicant would not take this same approach again. He also added that the sight lines were not affected by the deck for the neighboring properties. Goetten said she did not like to say no to such an application but would have to in this case. Jabbour asked for the comparisons of hardcover on this property in 1991 and as it exists now. Gaffron said 5080 s.f of hardcover was approved in 1991. There is 5037 s.f of hardcover e.xist’ing today. The proposal calls for a total of4832 s.f. of hardcover, which is less than what was approved in 1991. Jabbour commented that the proposal was then truly a reduction. He noted that the City does not inspect driveways. He also commented that the lack of knowledge from not having grown up in the area was not a valid e.xcuse. Callahan clarified that there was less hardcover today than what was allowed in 1991. Gaffron concurred. Jabbour said this was a key issue. Kelley added that the applicant was following the spirit of the ordinance. Callahan said he was troubled as seeing the application as the applicant try’ing to get out of a bad situation. Albrecht commented Aat the past owner had used the driveway for parking of vehicles for those renting boat slips. Albrecht said the 22' of driveway width was not necessary. Jabbour moved, Kelley seconded, to approve Resolution #3749. Vote: Ayes 3, Nays 1, Goetten. Jabbour's motion to reconsider so application could not be brought back before the CouncU received no second. (*#6) #2136 GREENFIELD CORP., 180 NORTH SHORE DRIVE WEST - ^ PRELIMLN.ARY SUBDIMSION APPROVAL - RESOLUTION #3750 Callahan moved, Kelley seconded, to approve Resolution #3750. Vole: Ayes 4, Nays 0. ^iL^UTES OF THE REGULAR ORONO CIT\' COUNCIL MEETING HELD ON NOVEMBER 12,1996 PARK COMMISSION COMMENTS Commissioner Wilson stated the Park Commission is in the process of reviewing the park inventory for final review as well as working with the Antoine Park neighbors to determine the needs of the park. The building on the property and play ground equipment needs are being evaluated. Wilson reported that ice rinks will be maintained at Casco Point, Hackberry. and Bederwood Parks. The golf course club house will also be open for activities on Saturday and Sunday afternoons Callahan congratulated Wilson on her appointment as Vice Chair of the Park Commission. PLANNING COMMISSION COMMENTS Janice Berg was present, along with Dale Lindcjuist. Berg had no comments to make at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT o ('•#4) «136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST - FINAL SUBDIVISION - RESOLUTION #3798 It was noted that while this resolution w'as on the Consent Agenda, Goelten had previously voted for denial of this resolution. Jabbour moved, Goetten seconded, to adopt Resolution #3798. Vote. Ayes 4, Nays 0. (#5) #2176 DANIEL S. PERKINS, 55 LANDMARK DRTVTE - RENEWAL OF ANNUAL CONDITIONAL USE PERMIT - RESOLUTION #3799 The applicant was present. Mabusth stated that a conditional use permit was granted during the 1994-95 winter season for the e.xcavation of 200 cubic yards of material. Applicarit had originally presented a plan that called for the removal of a total of 2,000 cubic jards of peat over a ten year period. At the time the CUP was granted, the Council did not approve the permit for a ten year period but recommended annual reviews. The applicant was allowed to pay a renwal fee for the reviews rather than what is normally charged for a conditional use permit. Dredging did not take place in 1995-96 season as the need for the peat material was limited. The contractor advised that he would only need 200 cubic yards of peat every two years. ) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND PRIVATE ROADWAY EASEMENT ("Declaration") is made eflfective as of October 15, 1996, by Greenfield Corporation, a Minnesota Corporation and Hilloway Corporation, Minnesota Corporations (jointly referred to as "Declarant"). RECITALS: A. Declarant is fee owner of that certain real propeny located in Hennepin County, Minnesota legally described as; Lots 1, 3, and 4, Chadwick (the "Property"). B. Declarant desires to provide, for the benefit of Lots 1,3, and 4 Chadwick, (the "Lots") an easement for roadway purposes (the "Roadway") over, across, and upon outlot A, (the Outlet*), and to further provide for the maintenance, ownership, and restrictions relating to the Roadway and the easement herein granted. NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby declares that the Lots and the Outlot are and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, conditions, restrictions, and easements hereafter set forth, which shall run with the Property and be binding on all parties, now or hereafter having any right, title, or interest in the Property and any part thereof, their heirs, successors, and assigns (each of whom are hereafter referred to individually as an Owner, or collectively as "Owners"), and shall inure to the benefit of each Owner. Roadway Easement. Declarant hereby declares and creates a perpetual, non-exclusive private road easement over the Outlot for the benefit of the Lots and use by the Owners and their invitees and other public service providers, such as police, fire, bus and ambulance services. Maintenance of Roadway. 1) Each Owner shall pay an equal, proportionate share for any costs for construction, maintenance or repair of the Roadway. Maintenance shall include construction, reconstruction, resurfacing, snow removal, sanding and salting, as necessary, lighting, striping, and curbing as the Owners shall determine necessary; provided, however, that all maintenance shall be conducted in compliance with all applicable provisions of the City of Orono Municipal Code (the "Code"). Declarant shall be responsible at his/her expense, for initial construction of the Roadway, which shall in all respects conform to the requirements of the City of Orono ("City ). All future maintenance shall be conducted by the Owners or their contractors, at Owners' expense. [ 2) Each Owner’s share of costs for maintenance shall be due and payable on the date such costs for maintenance are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of ten percent (10%) per annum from such due date to the date of payment. Any Owner may bring action, on behalf of the non-defaulting Owners, to collect a defaulting Owner’s share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith 3) The plans, specifications and the awarding of contracts for maintenance shall be approved in writing by the Owners of Fifty One (51%) of the Lots. 4) No Owner may exempt himself from the liability for assessments by waiver of the use or enjoyment of the Roadway or by the abandonment of his Lot. ^ 5) Ownership of the Outlot. Each Lot shall be sold, transferred and conveyed together with an undivided one-third (1/3) interest in the Outlot. In the event City shall determine it to be in the public interest to utilize the Roadway as a public street, each Owner shall, after notice in accordance with applicable provisions of Code and Minnesota law, convey its undivided interest in the Outlot to City for no additional consideration therefor. Prohibitions of use of Roadway 1) No Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the Roadway and except for maintenance of the Roadway, nothing shall be planted, altered, constructed upon or removed from the Roadway. 2) No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across the Roadway. 3) No vehicles shall be parked in the Roadway for a continuous period of time greater than twenty-four hours. 4) No vehicular repair or maintenance may be conducted in the Roadway. Violation and Enforcement. 1) In the event the Owners tail to conduct maintenance, it is agreed by all Owners that City may undertake such maintenance and assess each Lot an equal, proportionate share of the maintenance conducted by the City. Any such maintenance conducted by the City will not result in the Roadway becoming a I r public roadway Each Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner's receipt of such charges, or else such charge, including attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. 2) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining Owners shall have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the costs of such restoration against the violating Owner. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and power to enforce this Declaration and to collect the cost of any maintenance required as a result of an Owner's violation in a legal proceedings for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attome/s fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Nothing contained in this Section is intended to alleviate any obligation of an Owmer to pay assessments to the City in accordance with Section 1 above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 6. Binding Effect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 7. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners, their mortgage lenders. City and any other party having a record interest in the Lots. 8. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 9. Warranties of Title. Declarant represents and warrants that Greenfield Corporation and Hilloway Corporation are the lawfijl Owners of the Roadway and the Lots and have full right, title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of the Lots of the Outlot, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. IN WITNESS WHEREOF, the parties have hereto executed this Declaration and covenant the day and year first above written. GREENFIELD CORPORATION urie M. Lundem, its President HILLOWAY CORPORATION By D. Penning, its President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 15* day of October, 1996, by Laurie M. Landeen, President of Greenfield Corporation, a Minnesota corporation. JAMIE L BOSMA NOTARY PU6LIC-MINNES0TA HENNEPIN COUNTY « My Commission Expires Jan. 31.2000 N 'A /ii NotarV Public STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) SS. ) The foregoing instrument was acknowledged before me tliis 15* day of October, 1996, by ■dnkoMiiihBmRCorporation, a Minnesota coj f Jamei BARBARA J. ANDERSON NOTARY PU8UC4ANNES01A N8MEPIN COUNTY My Cenmision Beires Jin. 31, 2U00 f^ary Public ^ This document was drafied by: Robert R. Roos, Esq. 1800 Rand Tower 527 Marquette Avenue Minneapolis, MN 55402 h CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 5 0 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 180 NORTH SHORE DRIVE WEST - FILE NO. 2136 WHEREAS, Greenfield Corporation, a Minnesota corporation, (hereinafter the "subdivider") on April 26,1996, filed a formal subdivision application with the City for approval of a six lot residential plat of property legally described as: The West half of the Northw'est Quarter of the Northwest Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT that part of the West 274.77 feet of said West Half of the Northwest Quarter of the Northwest Quarter which lies South of the North 580.00 feet of said West Half of the Northwest Quarter of the Northwest Quarter, and which lies North of the South 545.34 feet of said West Half of the Northwest Quarter of the Northwest Quarter, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on May 20, 1996, at which time all persons desiring*^to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meetings held on June 10, 1996, July 8, 1996 and July 22, 1996, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. The property contains a total of approximately 17.2 acres with 2.34 acres of designated wetland area. Page 1 of 8 - i CITYof ORONO WeSm RESOLUTION OF THE CITY COUNCIL NO. 8750—^ J. 4. 5. 6. 7. 8. 9. The proposed plat consists of six residential lots each meeting the minimum lot standard requirements of the RR-IB, Single Family Rural Residential Zoning District. All lots have been found to have adequate and suitable soils for on-site septic treatment facilities providing both a primary and alternate site for each of the six lots. Lots 1,3 and 4 shall be served by a private driveway designated on the plat as Outlot A. Lot 2 shall be served by an approved access at North Shore Drive or County Road 19. Lots 5 and 6 shall be ser\-ed by an approved shared access at North Shore Drive or County Road 19. Outlot A shall be expanded to provide a backout pad for emergency vehicles at the east or road entrance side of outlot. The City Engineer, in his report of May 13, 1996, approved the grading and drainage plan for the development of this property. Thomas D. Johnson, a Transportation Planning Engineer for the Hennepin County Department of Transportation, in his report of May 13, 1996, approved the three curb cut locations at the County roads. Orono's Community Management Plan, Rural Transportation Policy 7 entitled "Driveway Locations in Rural Street or Private Road Intersections will be Limited for Traffic Safety" states as follows: "Joint use of carefully located private roads will generally be preferred over direct access on to public highways from separate properties." The developer has provided the following unique findings and hardships to support the creation of three new curb cuts (one existing curb cut^ to be relocated) that shall ser\'c all six residential lots. The Planning Commission has accepted the findings and hardships presented by developer. They are reviewed as follows: Page 2 of 8 ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^750 10. A. B. C. Location of wetlands. Sloping topography to south and east. Subdivider’s responsibility to provide a future access road to serve property to east. D.Property is surrounded by 1,800' of County Road along the north and west sides. E.The existing access serving Lot 6 has been found to be unsafe and encroaches within property to the south. The new curb cut developed at the shared lot lines of Lots 5 and 6 has been approved by the County and meets the required sighting distance for a 50 mph speed zone. F.New curb cut to serve Lot 2 has been found to meet the sighting/safety standards for the 50 mph speed zone. G. The location of septic sites on Lots 1, 2, 3 and 4. H. Desire of subdivider to preserve views to the south and southeast for the obvious building sites on Lots 1, 2, 3 and 4. Orono's Community Management Plan, Transportation Chapter, CMP 7-17 states as follows: "PRIVATF. DRIVEWAY A driveway is a privately owned and privately maintained vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of the abutting street Private driveways will not be subject to any public easement or access right, but do require recorded private easements where driveways cross an intervening private lot between the residence served and the street. JURISDICTION: PROPERTY OWNER Page 3 of 8 i i o CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ^750 MAXIMUM SERVICE: 1. RESIDENCE TYPICAL; JOINT DRIVEWAYS ALLOWED WITH MAXIMUM THREE RESIDENTS PER DRIVEW.-\Y IN RURAL AREAS MORE USERS REQUIRE PRIVATE ROAD STAND.MIDS DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE THAN ONE USPR IS INVOLVED OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD" The Comprehensive Management Plan allows three residential lots to be served by a private driveway. The Management Plan further states that a driveway serving more than one residential lot shall be regulated. The City Engineer shall be asked to provide design specifications for the private driveway within Outlet A. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Greenfield Corporation per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc., dated May 3, 1996, most revised date July 12, 1996, subject to the following conditions: 1. Subdivider to grant a bike trail, drainage and utility easement 10' wide adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). 2. Subdivider to dedicate 17' of additional right-of-way for North Shore Dri%*e West along the west boundaries of Lots 1 and 2. 3. Subdivider to execute private covenants defining responsibility for the upkeep and maintenance of private driveway, Outlot A, by Lots 1, 3 and 4 and covenants to also address owners of all six lots' responsibility for maintenance of drainage facilities within plat. Page 4 of8 CITYofORONO diSim E8HO RESOLUTION OF THE CITY COUNCIL NO. ^ ^ Q " . 4. Subdivider shall be responsible for dividing equally the share in ownership in driveway Outlot A of Lots 1, 3 and 4 via transfer deed of lots upon sale. 5. All septic sites wthin subdivision 2:e to be fenced off prior to any land alterations. 6. Subdivider to grant flowage and conservation easement over designated wetland within Lot 6. 7. Subdivider to designate drainage easement at a minimum width of 15' over drainageway that extends westward from Outlot A to sediment pond in northwest comer of Lot 1. Drainage easements are to be taken over all sediment ponds and drainageways within plat. 8. Subdivider to install driveway with backout pad within Outlot A. Plans for drive shall be reviewed and approved by City Engineer. 9. Subdivider shall be responsible for installing a conforming septic system to serv'e e.xisting residence on Lot 6 within 90 days of the date of preliminary plat approval (November 12, 1996) or prior to final plat approval, whichever occurs first. 10. Subdivider is hereby advised that the City cannot grant final plat approval until a permit from the MCWD has been approved for all grading and drainage improvements on the property. 11. Subdivider to create private covenants for protection of Types I and II wetlands located within property that are not classified as a designated wetland of the City of Orono. Such covenants to include site plans locating protected area and advising future owners of need to contact Minnehaha Creek Watershed District and the U. S. Corp of Engineers if land alterations are proposed before submitting plan to the City for review and possible permit. Covenants shall include protective language for alternate septic sites along with site plans locating both primar>' and alternative sites. Applicant to develop language alerting future property owners of need to protect sites on adjacent properties. Covenant shall also advise future owner of Lot 3 that no residential construction shall be allowed to south of primary' and alternate septic sites. Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 5 0 12.Subdivider is hereby advised that preliminary' subdivision approval will expire within one year of the date of “ Council approval, August 12, 1997. Should the subdivider fail to complete the filing of the fmal plat application within the year deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows; 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's icoords and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A.Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated most revised date, July 12, 1996. B.Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5' along the internal lot line. 10’ drainage and utility easements adjacent to County roads to include trail easement in favor of City (refer to special easement form attached). C.Dedication of right-of-way for County Road 84 at 33' and 50' adjacent to west lot lines of Lots 1 and 2 and 33' adjacent to the west lot lines of Lots 5 and 6 for County Road 19. D.Designation and dedication of drainage easements over detention ponds and drainageways as shown on preliminary plat. E.Designation and dedication of drainage easement over the designated wetlands located within Lot 6. F.Designation of Outlot A to serve as a private driveway. Outlot A at a 30' width is a private driveway that will serve Lots 1, 3 and 4. G. The naming of plat. Page 6 of 8 till CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3750 > 2. Legal documents required: 3. 4. 5. ^ 6. 7. 8. A.Title opinion addressed to the City. All o\vners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B.The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed drainage easements to be taken over drainageway and detention areas within plat (see sample enclosed). Signed and executed developer’s agreement and letter of credit for approved site improvements and construction of private driveway (Outlot A) and a single address sign locating residences served by Outlot A at Bayside Road entrance (see samples enclosed). Signed and executed Flowage and Conservation easement over designated wetland within Lot 6. Signed and executed declaration of private covenants dealing with the upkeep and maintenance of private drive (Outlot A), drainage facilities and specifying share of Lots 1, 3 and 4 in ownership of Outlot A (see sample enclosed). Signed and executed trail easement over 10’ wide drainage and utility easements adjacent to County Roads (see sample enclosed). Completed private covenant for lots involved with protected wetland not included within conservation maps of City which shall include a site plan and metes and bounds descriptions for these areas. Covenants to include protective language for alternate septic sites and to include the site plans locating both the primar>’ and alternate sites. Subdivider to develop language alerting future owners of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing. The City has samples of protective covenants used by former developers. Subdivider may wish copies and should notify City. Page 7 of8 4 • • ^ • WWt ^diSiiW CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. ^750 9.Fees to be paid: Total due: S400.00* A. Final plat fee = S200.00 B. Legal review and filing fees for subdivision and associated documents $200.00 ♦Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report has been filed with City. Park dedication fee shall be based on 8% of the fair market value of land within Lots 1 through 5. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of August, 1996. City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of August, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 8 of8 1 b: resolxjtion ^ .8 7 5 0 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO 1.^ TT 11* rirv Clerk of the City of Orono, Hennepin County, I, Doro'by M. Hallin. City ° ^ ^ Minnesou. do teroby certify that I have in the Minutes of theCouncU of the City of Orono with the ong^ „„ proceedings of said City Councd at is a true and correct copy ofTaidVsoiution duly adopted by s1Id’city~tguncil at said meeting. day of In Wimess Whereof. I have hereunto set my hand and seal this----ii August (SEAL) i N mli^i! CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 9 8 A RESOLUTION APPROVING THE PLAT OF CHADWICK FILE NO. 2136 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class III Subdivision of a Six lot plat by the Greenfield Corporation, a Minnesota corporation, hereinafter (the subdivider); and WHEREAS, the subdivision has been found to meet all standards of the RR-IB, Single Family Rural Residential Zoning District, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 3750. 2. Dedication on the plat of right-of-way for a public drive shown as North Shore Drive West (County Road No. 19). 3. Dedication on the plat of drainage and utility easements. 4. Dedication on the plat of drainage easements over detention ponds. 5. Creation of a shared private driveway with backout apron shown on the plat as Outlot A. ^ 6. Concurrent with the creation of this private driveway, the subdivider has created non exclusive ingress, egress easements over said outlot in favor of all abutting and ’or benefitting lots including a declaration of certain maintenance covenants wherein Page 1 of3 CITYof ORONO Im II CSHO RESOLUTION OF THE CITY COUNCIL 3 798 ^NO. each of the abutting and/or benefitting lot owners ’ covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. 7.Dedication to the City of a 10 foot bike trail drainage and utility easement adjacent to Bayside Road (County Road 84) and North Shore Drive West (County Road 19). 8.Dedication to the City of a flowage and conservation easement providing for limitations on the use of wetlands and/or drainage ways described therein and shown on the plat as drainage easements. 9.Subdivider has created covenants for protection of Types 1 and 2 wetlands located within property that are not classified as a designated wetland of the City of Orono. The covenants shall include site plans locating protected areas and advising ftmire owners of need to contact Minnehaha Creek Watershed District and U.S. Corps of Engineers if land alterations are proposed within the protected areas before submitting plan to the City for review and possible permit. Covenants shall also include protective language for alternative septic sites along with site plans locating both primary and alternate sites. Covenants shall include language advising future property owners of need to protect the sites on adjacent properties. 10. Payment to the City of a park dedication fee in the amount of $ 11,664.00, 11. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of $200.00. 12. The Minnehaha Creek Watershed District granted Permit No. Application 96-123 to the subdividers on July 25,1996 approving the storm water management plan for the construction of the driveways and the platting of the six lots. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Chadwick, Hennepin County, Minnesota, subject to the following conditions: ^1.Subdivider shall be responsible for dividing equally the share and ownership in driveway. Outlet A, betw'een Lots 1,3 and 4 via transfer deed of lots upon sale. 2. Subdivider shall execute an agreement providing for the installation of a new primary' septic system on Lot 6 and final driveway improvements. Agreement shall be Page 2 of 3 m K V* lITvMirrA^ O GITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. S 7 9 8 accompanied by a letter of credit written to 150% of the cost of the installation of the mound septic system and final upgrades of driveways. The subdivision and accompanying documents cannot be filed until the City is in receipt of both agreement and letter of credit. 3. Subdivider shall be responsible for fencing off all septic sites within the subdivision before any land alterations. 4. Access to Lots 1,3 and 4 shall be via Outlot A, the private driveway. Access to Lot 2 shall be via an approved single curb cut at North Shore Drive West or County Road No. 19. Future owner or developer of site shall be responsible for obtaining a permit from Hennepin County Department of Transportation. Access to Lots 5 and 6 shall be via a shared drive along the side shared lot line at North Shore Drive West or County Road 19. Easements over access drive shall be created in favor of both lots. 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or a Registrar of Titles' Office on or before May 12,1997 together with a certified original copy of this resolution and executed copies of the covenants and easements noted above. The approval granted by this resolution shall e.xpire if the plat 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. Dated this 12th day of November, 1996. tEST: Dorothy M(Tlillin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1996 by Edward J. Callahan, Jr., and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE N0TAAYPU8LIC4IINNES0TA HENNEPIN COUNTy My Commission Empires Jia 31.2000 Notary Public Page 3 of 3 COUNCIL MEETiN U Application Date: Completion Date: 60 Day Deadline: 9/23/98 9/23/98 11/22/98 OCT 2 6 1998 CITYOrCRONO REQUEST FOR COUNCIL ACTION DATE: 10/22/98 ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2433 Dorie Finn 1640 Shady wood Road Variances-Public Hearine Zoning District: LR-IC One Family Lakeshore Residential District (1/2 Acre) Lot Area:15,488 square feet (.35 acres) Application:The applicant has applied for several variances to allow replacement of a first story deck and stairway to second story. The property owner had contacted a contractor to begin making necessary repairs following a storm in late spring. The deck did not have building permit issued. The applicant has stated the deck was constructed in 1968. The repairs and replacement did not change the size or alter the design of the structure. Some original support beams and floor boards were replaced. The applicant originally requested variances to replace a second stor>' deck. The applicant has withdraw n this portion of the application. This application w ill require the following variances: 1. Section 10.22. Subd 1(B); and Section 10.22, Subd 1(B): To permit the reconstruction of a residential deck 62' from the lakeshore where 75' is required. Section 10.22, Subd. 2; and Section 10.56, Subd. 16 (L)(l): To allow 25.8% hardcover where 0% is normally allowed. 3. Section 10.22, Subd. 2; and Section 10.56, Subd. 16(L)(2): To allow 57.0% hardcover where 25% is normally allowed. 4. Section 10.03, Subd 14(C): To allow 3,018 s.f (19.4%) of structure where 15% is allowed. 1 PLANNING COMMISSION RECOMMENDATION; The Planning Commission recommended by a 5 to 0 vote to; Approve an after-the-fact variance to allow the applicant to repair an existing deck and to repair a stairway to a second story deck. The stairway is not an after-the-fact occurrence. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. i _J 1 CITY OF ORONO P.O. Fox 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2433 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 TO:Dorie Finn 1640 Shadywood Road Wayzata, MN 55391 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 10/19/98 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECUL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council October 26, 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 CAR0LE\PCACTI0N'2433 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUED. 1 (B) AND SECTION 10.22, SUED. 2 AND SECTION 10.56, SUED. 16 (L) (1) AND SECTION 10.56, SUED. 16 (L) (2) AND SECTION 10.03, SUED. 14 (C) FILE NO. #2433 WHEREAS, Done Finn (hereinafter "the applicant") is the owner of the property located at 1640 Shad>’\vood Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 5, Shadywood, Hennepin County, MN" (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 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, Subd. 1 (B) to permit the reconstruction of a residential deck 56’ from the lakeshore where 75' is required; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (25.8%) hardcover where 25% .s allowed; Section 10.22, Subd 2 and Section 10.56, Subd. 16 (L) (2) to allow 6,134 s.f. (57.02%) hardcover where 25% is allowed; and Section 10.03. Subd. Subd. 14 (C) to allow 31,018 s.f. (19.4%) structural lot coverage where 15 % is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1..'is application was reviewed as Zoning File #2433. 2. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .35 acre or 15,488 sq. Paee 1 of 4 I 2 3. 5. 6. ft. The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The deck was damaged on May 15. 1998 as a result of a wind storm causing a tree to fall on an existing deck. B.The deck was replaced in the same location and the same size as previously existed. C.The City does not have a building permit for the deck. The applicant has stated the deck was constructed in 1968. D.The property has pre-existed as a legal non-conforming duplex which the applicant has stated no longer exists. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessarj' to alleviate a demonstrable hardship or difficulty; is necessary to preserve a subsmntial 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 applicatioii including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22. Subd. 1 (B) to permit the reconstruction of a residential deck 56' from the lakeshore where 75' is required; Section 10.22. Page 2 of 4 iL Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (25.8%) hardcover where 25% is allowed; Section 10.22, Subd 2 and Section 10.56, Subd. 16 (L) (2) to allow 6,134 s.f. (57.02%) hardcover where 25% is allowed; and Section 10.03. Subd. Subd. 14 (C) to allow 31,018 s.f (19.4%) structural lot coverage where 15 % is allowed. Approval was subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 26, 1999). Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) 1 t- 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shali automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of October, 1998. ATTEST: a Page 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) ss. The foregoing instrument was acknowledged before me on this 26th day of October, 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day 01 , 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. NOi a RY public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN 'i 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 1 8 TO;Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Paul Weinberger, Assistant Zoning Administrator October 15,1998 SUBJECT:#2433 Dorie Finn 1640 Shadywood Road Variances-Public Hearing Zoning District: LR-1C Lot Area: Application: Dorie Finn 1640 Shadywood Drive Idriances 10/19/98 Page 1 One Family Lakeshore Residential District (1/2 Acre) 15,488 square feet (.35 acres) The applicant has applied for several variances to allow replacement of a first story deck, second story deck and stairway. The property owner had contacted a contractor to begin making necessary repairs following a storm in late spring. The City Building Inspector has determined the amount of replacement has exceeded the amount of damage. The City does not have a building permit on file for the first floor deck. The applicant has stated the deck was constructed in 1968. Several years later the second story deck and stairs were inspected and approved by the City. Referring to the survey completed by Advance Surveying on September 23, 1998 the first story deck and most of the second story deck and stairs are within the 75' lakeshore setback. They also encroach into the average lakeshore setback. The decks were constructed prior to the City adopting the 75’ lakeshore setback in 1973. Hardcover was not regulated until 1975. The old decks can be considered legal non-conforming, because they predate ordinances and can remain in place as existing. Any new deck to replace the old deck would be required to conform to current standards. i i %r This application will require the following variances: 1. Section 10.22, Subd 1 (B): To permit the reconstruction of a residential deck 56' from the lakeshore where 75' is required, (first story deck) 2.Section 10.22, Subd 1(B): To permit the reconstruction of a residential deck 62' from the lakeshore where 75' is required, (second story deck) 3. 4. 5. 6. 7. Section 10.22, Subd. 2: To allow 25.8% hardcover where 0% is normally allowed. A Section 10.56, Subd. 16 (L)(l): To allow 25.8% hardcover where 0% is normally allowed. y XSection 10.22, Subd. 2: To allow 57.0% hardcover where 25% is normally allowed. / Section 10.56, Subd. 16(L)(2): To allow 57.0% hardcover where 25% is normally allowed.'^ ^ Section 10.25, Subd. 6(B): To allow a deck to encroach 8' into a required 10' setback and to allow a deck stairway to encroach 7' into the side yard setback. 8. Section 10.03, Subd 14(C): To allow 3,018 s.f. (19.4%) of structure where 15% is allowed. X Lot Histor>’: A variance was granted in 1977 to allow the garage to encroach into the side yard setback. The garage currently exists on the property. It should also be noted the house is a legally conforming duplex. ANALYSIS Lot Area and Yards LR-IC (^acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 21,780 s.f 100'75'10'35' Existing Proposed 15,488 s.f 66'56' first story deck 62' second story deck 2'NA The application would require side yard and lakeside yard variances to replace the decks. M24S3 Dorie Finn 1640 Shady wood Drive Variances 10/19/98 Page! M n vTMf.M nr> n 4 'U Ha rtwf:ri J Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75'4,669 s.f.1,206 s.f (25.8%) none (0%) 1,206 s.f (25.8%) To allow replacement of decks partially within 75' of the lake. 75'-250'10,757 s.f.6,134 s.f (57.02%) 2689 s.f (25%) 6,134 s.f (57.02%) To allow replacement of a deck partially within the 75-250 lakeshore setback. 250 ’-500'62 s.f.48 s.f (77.4%) 18.6 s.f (30%) 48 s.f (77.4%) none 500'- 1000' 0 0 0 (35%) 0 none The applicant has requested a hardcover variance to allow an equal replacement of a deck to be located v/ith 75' of the lakeshore and in the 75-250' setback. Structural Coverag e Total Lot Size Total Structural Coverage Percentage 15,488 s.f 3,018 s.f 19.4% The lot does not meet the 15% allowed lot coverage for structure. §243} Done Finn 1640 Shadywood Drive Variances 10/19/98 Page} atom L 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. Issues 1. The applicants are not proposing to expand any decks they only intend to repair what is existing. 2.The first floor deck and side deck on the second story do not have building permits on file with the City. 3.The decks and hardcover being replaced existed prior to the 75' lakeshore setback and hardcover ordinance. 4. A variance was granted in 1977 to allow the garage to be placed in its existing location. 5. The house is a legal non>conforming duplex that is split between first and second story living areas. 6. Approval of variances would make all existing hardcover legal. STAFF RECOMMENDATION Staff recommends approval of the variances to allow necessary repairs to the first story deck and the second story deck and stairs, subject to possible removal of other unnecessary hardcover. U2433 Done Finn 1640 Shady wood Drive Variances ! 0/19/98 Page 4 ! ■i t Attachments A B C D E F G H I Application Applicant's Statement of Hardship Survey Location Map Topographic Map Hardcover Worksheets Plat Map Property Owners List Permit Record f §243 S Dork Finn 1640 Shadywood Drive yariancis 10/19/98 PogiS 1^ n«ii ivi Application # A • • Date Received Amount ,Paid. ^3^0*" m . * • 4 . • CITY OF ORONO - ViUUANCE APPLICATION Initial Application Fee^S250.00^ (S50.00 per each additional variance) Renewal Variance Fee $150.00-. (no change horn original application) . Variance for non-confomung structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION „ jy - ,.,IL4.0 SRt>>. WAVxArA.Mv. jrs--3 9! Property Identification Number (P.I.D.). Vv*^ . / Attach legal description to application if not included on required survey. Date Property Acquired, ^ - I (d^) (do not) also own the adjacent parcels of land. Present use of property: X residential ___pother (specify). Zoning District: /?ggi oE.Aj'Tt Ai,__________________ (month/yeiar) I ■ .V , .. 'f " .• -7 A m APPLIC.-^T Name Define Phone fhome") W/- Phone fworicl US I (' *!• Address: t..4^o rVAi>yw>**0 finy OWNER (if different than applicant) Name '_____Mt_________ City: iUA.yxAT ’A Phone (home). _____ Phone (wbrk)_ Zip:— 4^ Address:City:.Zip:. Estimated Constniction Cost S.DESCRIPTION OF REQUEST -------------------------------------------—-------^ Describe request in detail: R e Pa /k Z)*.e<ri fatten —%S*7bA<?f—Uesenoe request in aciau; M iwnn—— ir r. . ■»- n snsitP/itLy. THg. auT^ttg ST~Ams\ • • * • VARIANCES REQUmED Lot Area _ Setback:Front Lot Width Side Hardcover Rear Lot Coverage • • Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO?TOrnONS Describe undue hardship or practical difficulty or unusual property conditions preventmg compliance with Zonmg Code requirements:. (attach additional sheets if necessary) /4-A'<L<xa^J2 u . ^ ^ '>n/^ / ^ il^tJk, S^jJU^ 4xA>^oJCUf ^ ,yr^^<M ~b fCt 7“ uJ oSLyf^-^t^ t^/y^Ji / (jWy^>L/ —A08. A'OUdL dbU^ ±Ia^j7 jLM^ *W! 6tej KiMyniJ mJ ,iuU, JImJT'^ ■ • 1 Ayo~^ i:ri2c :j :. . . ■ ^IuZajum-^ ^ j2MjJh~ 4X^ MgA ^m/Lf-ct ria'Hd^ /thm /lA tJU. I * V . liv . .4. .. •• w a t lUltiiltai III! Utc ' ihcir cnipio> ccs ate We suypcsi thai you review ihe survey to confimi lhal the proposals arc u ha; you imend il agencies os may have jurisdicfiun over your projcci Co gain their approvals if you can. •5^wa ♦NS: ocanng State License Number 9235. set. if "o" is t. SNOROIMC ON SCPT. 22 1f90 O.H.M • 929.4 2 SO FT. nCA A80VC 50 « SO. FTfAvu. omvc 4) - 500 me or under my direct supervision and that 1 am ayor under the Laws of the Suce of Minnesou. UPPCR DECK. LONER DECK it CONCRETE BENEATH FOOTPRINT 570 SO. n. 0-75 GRAPHIC SCALE ( m nxT) I loch ■ 20 fL ■‘j^. jiicyisvr.:' RED OM rRcd Oaki r Goir: *i^Joursc nm > r D-.Cbun<rv>\^ - '■> vs WIST BmmcN RO ay 25 5i r. ; •/’«. f-•' i-* i.*' MICHRO viC-^Wo«* '*.'. 1 : \ C \ T-----• • • ^ Forest r>» • IRAIOVTCW',,.^^ ^ iL' \ :~* '^ :;CHRtSTtNC OR CILaN ST 2/"t-/ L> ,v'.. • ^ w 4^ ■:. i . ^r,.- .^'-; ^ '{ V 5 Stubbs ■:■{.' f. •;• » ■• ■• P/7V- •- nV ■ATS t tATS FOX '•••^•* *-' . •«. hMdxweltW ' >v ♦ •"' X 4 jcJ^ *'•» S''.V*. '.\f - V; , • . Skogsb€rgPcini ® »N - \ •* 'w - * "V O N If' ORONO ^rm !*: 'Xr'.*c -* 5tit MT^ ;iOHR$ 'FOMT > « /• • ta o • •• • r>-^ > • ^" - ,v -r.*- • - • ^ • /Fa/i/'-iood Point SRING»:a i * J -V.'-V* • • •• ••.1 v\/■•;. /.;•:.:. •>•: j:- n\.V -. J * -. "^ •. ; " I • •■ 7 • lubR uHl N * .:. « ^?Jtie; .jIHOWy °|, ;/(*/■" ?1 ICUOII Art 0 RS - >•. . ^1 • • ; 4:- •.w C..-. » V .•' •-I J • - v. ' *• •“ V' k*r . OR Irrrg=^*-^ •ALA ,,^3iaiiS4// !§l| * 33 fc g Black t-OUMMU I Park cmr I ^XSMOlULQif o o ITOU SEP-22-1 P'rB 14:13 (hD'J hMCE SUPUEYING HARDCOVER CALCULATION WORKiititL I SETBACK ZONE: (CIRCLE ONE) yXfSTINC HARDCOVER IN ZONE A. House * 75-250’2SO>5GO‘ Wid'ii X X X B. Garage • • C. 0.i*ewy D. Sidewalk £. Patio/Dccic F. Landscaj,:;- Underlain By Plastic X X X X X X X X X o 1« 0. Other U/xIfS X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X'Lod ^ B — PROPOSED HAPnrnVER IN ZONE A. House __ LcngOi X X X X B. C^srasc C. Drivcv>*ay D. Sidewalk E. Paiio/Dcck F. Lanu;-.;.* ^ Urv!vfi**n p Elastic G. Other X X X X X X X X X total HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE f B _____X 100 bl2474SIS7 P.02‘C. 500-1000’t- lOO— s P a S.F. S.F. S.F. S.F. S.F. ^ ^ . S.F. S.F. --------------T% S.F. 570. S.F. •5 1_S.F. S.F. S.F. S.F. SLSF. \ ? O S.F. sF. A B Y r S.F. S.F. S.F.*■ . V ■ S.F.* » S.F. S.F.• S.F.• S.F. • ^ S.F.<% A • ^ S.F. • S.F.* • S.F. • S.F. S.F. S.F. • S.F.A S.F.B •• • A -•7 »• “» .i I •i V. i •> *. *i"***^ ‘ /--j Jot Mo. Doric ( 640 SlncL<lvy l/Jcod R OOs^i *SEP-22-l'=»-«3 1-15 13 h D'.'h MCE SUR'-'EVING hardco \'ER calculation >VOKi^~.r.. SETBACK ZONE: (CIRCLE ONE) 0-"5’ 250-500' y,yiXTT\n HARPCOVYfP TN ZONE A. K-usc _______________Width X X X B. Garage • • * * C. Driveway X X D. Sidewalk X X E. Fitio/Dcck X X F. Landscape underlain By Piascic X X X 0. Other * B ___X 100 ppQPnSEn HARDCQVF.ff IN ZONE A. House ___________-— N cn 6. Lsng;h Width X X X B. Garage C. Driveway X X D. Sidewalk X X s? E. Pado/Deck X X F. Undscape Underhti By Plasnc X X X ■s a G. Other total hardcover in ZONE TOTAL PROPERTY AREA fN ZONE ^ B X 100 tol2474S2G7 500-1000* P.03 04 • 1ZB2L.S.F. 5.F. S.F. S.F. fi52.S.F. 2.^;o S.F. S.F. .ZSlS S.F. S.F. li *9 \ ^ S.F. S.F. ^•00 •F. r U J S.F •T-^- “’J SF.•vr S.F. '•’N S F tf * "S". !*' S.F. S.F. S.F. S.F. S.F. SF. S.F. , S.F. •S.F.A S.F. B ■ST. CA^/ 0 Job No. '5ai2.6Z, Davie, 16^0 woo A Roc^A nair mM SEP-c-2-19r3 14-13 SETBACK ZONE: (CIRCLE ONE) O-TS* *, 75-150' 61I-47-i323 ‘ 500-1000’ P.04.04 FXISTtNC hardc over IN 20N-E A. Hcuse ---------------■ .— Length Wt4* B. Garase X X X • « • ^ C. Driveway D. Sidewalk E. Pailo/Dcck X X X X X X 5.F. S.F. ss. S.F. S.F. S.F. ■ S.F. S.F. S.F. S.F. S.F. RUN DATE 09/22/98 BATCH 511 PROP ADDR OHNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OUNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OHNER NAHE TAXPAYER NAHE/ADDR PROP ADDR OWNER NAHE TAXPAYER NAHE/ADDR 38 17-117-23 21 0001 03805 NORTH SHORE DR JANES A POWERS JAHES A POWERS 11220 OAK RIDGE LA W HINNETONKA HN 55305 38 17-117-23 21 0011 03705 NORTH SHORE DR J E 8 B E ERICSON ET AL JOHN ERICSON 1620 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 21 0019 01650 SHADYWOOD RD K H ROELOFS ETAL K H ROELOFS 1650 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 22 0013 01695 SHADYWOOD RD RALPH HARVEY ETAL RALPH HARVEY 1695 SHADYWOOD RD WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY OWNERS LIST REPORT NO. PI935901 PAGE 26 I' 38 17-117-23 21 0009 01675 SHADYWOOD RD RICHARD 0 NORUN 8 WIFE RICHARD NORUH BOX 908 WAYZATA HN 55391 38 17-117-23 21 0010 01610 SHADYWJOD RD DOG ROGERS GAIL ROGERS 1610 SHADYWOOD RD WAYZATA HN 55391 .' >■» U •1 38 17-117-23 21 0012 01620 SHADYWOOD RD J C ERICSON ET AL JOHN C ERICSON 1620 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 21 0013 01690 SHADYWOOD RD G T FINN ETAL GERALD T FINN 1690 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 21 0015 01670 SHADYWOOD RD DONALD R KIELLEY DONALD R KIELLEY 1670 SHADYWOOD RD WAYZATA HN 55391 38 17-117-23 22 0012 01635 SHADYWOOD RD RALPH E HILLER ETAL RALPH E HILLER 1635 SHADYWOOD RD WAYZATA HN 55391 TOTAL BATCH 511 00010 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION# TO THE BEST OF HY KNOWLEDGE AND BELIEF. DATE . J f PERMIT RECORD Permit No.Date li-S< Type of Permit ■ AJ&ur £€s P^6 6 4V7 i£t£2k.y-. 33hd U/ATE’/Z. yntiTfn^A. i'H ___________ •jnra T71T SnTinitlIiT5i 'iriTT r«i mJz^ «£#i 7^ •JMt [•IllMlIWiV.l MCtKl LWiIiniTiTiTri WiTinfW UlMiw [•Jilin fitJiRi rtJiVfi^ niTiT^ mmm •Jim fra A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT PER ZONING CODE SECTION 10.20, SUBDIVISION 3 FILE #2434 WHEREAS, Carol Olson d/b/a Kid’s Art School, (hereinafter "the applicant") is the owner/operator of Kid’s Art School, a tenant in the building currently operated by the Lake Minnetonka Environmental School at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: PARCEL A Lot 5, Block 3, MARKVILLE, according to the recorded plat thereof, Hennepin County, Minnesota; PARCEL B Lots 4 and 6, except the West 69.00 feet of said Lots 4 and 6, all in Block 3, MARKVILLE. according to the recorded plat thereof, Hennepin County, Minnesota; 4- I t (hereinafter "property"); and WHEREAS, per Section 10.20, Subdivision 3, the applicant has made application to the City to allow for a tipi to be located on the property as an accessory structure, subordinate to the principal structure, in conjunction with the Kid’s Art School, a tenant in the building. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. Tliis application was reviewed as Zoning File #2434. 2. The property is located in the RR-IB, Single Family Residential District requiring 2 acres in area. The property consists of 25,440 sq. ft. or .63 acies. P^ce 1 of 5 i 4 3.On May 27. 1997, the Orono City Council granted a conditional use permit to the Lake Minnetonka Environmental School. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that the tipi may be allowed as an accessory structure as a subordinate use in conjunction with the Kid’s Art School, and hereby grants an amendment to the conditional use permit for the Lake Minnetonka Environmental School, per Municipal Zoning Code, Section 10.20, Subdivision 3, subject to the following conditions; 1. 2. 3. 4. 5. 6. The tipi is an accessory structure subordinate to the principal use of the structure by Lake Minnetonka Environmental School and its tenant. Kid’s Art School. The tipi shall be allowed for use as an accessory use for twelve (12) months or less, beginning October 27, 1998. The tipi shall be located within the approved setbacks as shown in Exhibit A, Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (October 26, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant and Lake Minnetonka Environmental School and its representatives have read, understood and hereby agrees to the terms of this resolution and hereby agree to the recording of this resolution in the chain of title on the pioperty. Page 2 of 5 Adopted by the Orono City Council on this 26th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Applicant(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 26th day of October, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City, Notary Public Page 3 of 5 \ I 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 HENNcPIN ) 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 instmment, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this____day of _, 199 before me a Notary Public within and for said county, person?”’/ zppeared________________________________________ known to me to be the p • ' described in and who executed the foregoing instmment, and acknowledged that he (t»»c^ • same as his (their) free act and deed. Notary Public Page 4 of 5 ir;- '*■ r 5 • • r I I I I I I I I N90*^)0 (icP^ '* r iT^e zo ^ 1/ U 14UJ 5 > < Ul £1 1% ^ v\\W lo.iV'V S.I V ^4».Vv<iOC >IQCWAJ Nj 106.00 ORA^ri AR£A> •-r-T-T-T"T-7rTn i I I I -1- I I ^ 1 .1 I U-J[ JI I I Cl) '' >» •* FROQP PARtelM __ . »* w«* J • S • J CKTT of.-CoNt.:;; oicce^4abl<. oureosft^r aO£Vsori| sWudai^ ? ItJ -fev sidU I t lo* 4tbis cou^r 9 • \ ^3-1 ...N90*O o"oO'‘V/ 175.00- — DR we:(60. RD. St*>e>' «ai*.rrn»t p*^ Ooc. Wosit 0,ntr»! t> E Corn*’’ £jOv>'6 i-ot 5 i»ee.. /0,ril~>. Pace 5 c£ 5 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:September 12, 1998 SUBJECT: #2434 Carol Olson, Kid’s Art School 2180 North Shore Drive Conditional Use Amendment--Public Hearing Zoning District: RR*1B,One Family Rural Residential District (2 acres) Lot Size: 25,440 sq. ft. (.63 acres) Application:The Kid's Art School is a tenant in the Old Hill School which inch'dcs the Lake Minnetonka Environmental School. A conditional use permit was granted to Martin Schneider, the previous owner, in lune 1997 for the environmental school. The applicant is requesting an amendment to the conditional use permit to allow the a tipi to be located on the property for educational purposes. The tipi is considered an accessory’ use to the art school. Pertinent Ordinances Section 10.02, 1, Definition of Accessory Use Section 10.03. Subd. 15, Non-Encroachments, E. Side yards Section 10.28, Subd. 5, (B) RR-IB standards Findings: 1.That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The proposed tipi location will meet the zoning requirements for accessory uses by locating behind the principal building and not in a required parking area per drawing on survey by staff The school is allow'ed as a conditional use in residential districts. 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 tipi will be located behind the school and at least 10' from the property line. It will not impact the adjacent uses nor reduce the number of required parking spaces. 3.That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. This application is to amend the conditional use permit for the Lake Minnetonka Environmental School. The art school is subordinate to the environmental school and the tipi is an accessory use to the art school. It will comply with all other prov isions of the Zoning Code. Staff Recommendation To amend the conditional use permit to allow the tipi, subject to the following conditions: 1 . The tipi shall not be located in a required side or rear yard. 2. The tipi shall not be located in a required parking area. 3. The tipi shall be allowed on the property for a period of time not to exceed 1 year from the approval date. Attachments A Application Plat Map Applicant’s statement Applicant's drawing Survey Permit Record B C D E F G II I J Minutes from 5/19/97 Minutes from 5/27/97 Res 3424 Res. 3908 U2434 Carol Olson, Kid's An School 2180 North Shore Drive PC-10/! ms page—2 4 Application # A Date Received 23-^9 Amount Paid ,uL^ CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION . - Site Address Mom~> "SrPgjg—y£ti£. Type of Application to be Filed VI t ' A V 0\ r>. Property Identification Number (P.I.D.) APPLICANT Name OL-S ok V Address U \e 0 f Phone fhomel 1 ^ ______ Phone fworkl o/ ~7 U - 5^*^ I Citv CXo^________ ZipJzSMi OWNER (if different than applicant) . Phone (home). Nam e 1 M.tUvzAc-wWi <" niV.foAmcJi Vr.\^Wg>\ Phone (work)_ Address _______________________— --------------------Zip. Date Property Acquired_____________—---------------------------------- I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application "_____$175.00 Residential Accessor}’ Use X $250.00 Institutional (church, school, etc.) t\ TIP I ______$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 w'alls within 75' of lakeshore PRD/TID - see Fee Schedule $150.00 Renewal Fee (no change from original application) _____After-the-Fact Fee - Double Current Application Fee (month/year) OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation ______$200.00 Easement Vacation $100.00 Easement Vacation With Subdivision 3]]^^ $350.00 Rezoning (PUD - refer fee schedule) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule N n ^ i) REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Ovvners List of owners within 350’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey infonnation. Attach legal description to application if not included on required surv ’ey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11'' X 17" OR SMALLER) FOR yULL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all docimients, plans, etc. to be submitted.) The Applicant and Property Owner must sW this applicati^ Please remember that your application is not complete if the above information has n^been included. Certification by Clerical Department that Land Ute Application is complete. Initials of Clerical Staff:_____________ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not coWed by original fee payment) and/or unusual expenses incurred iy'review of this applicathm, and certifies that the information supplied is true and corpict to the best of his-^er knovH^ge. Applicant's signature Date 0\\TVER ’S SIGNATURE The owner hereby acknowledges and agrees to this application 2ind further authorized reasonable entiy onto the property by City staff, consultants, agents, commission members, and Council .members for purposes of investigation and verification of this request. Owuer’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 ail scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350', label.< and plat map (you mujt obtain this list, labels and map from Hermepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you \%ish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11” X 17” OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete, Initials of Clerical Staff: ________________________Date___________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is tn^ ^nd correct to the best of his/her knowledge. Applicant's signature / {itcf .1 ___________Date /P j^^----------- ^ ^7c((//0, J AjC . OWNTR'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. « > Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thud Monday of each month. Appl.'*ants 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 advbe the Building & Zoning Office of this change prior to the meeting. ror>..-7 ^ (40) ^ A, «• .,v ^ '12k ^ (42) MO 4 8 CO l-H >:x» »!-i2'' K n ! 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V/0^ s/Cf 155 / y ®(4n.'(46) 8(5))^ d5. i2.2-/Or i^kw. 7~^ knt: >52.2- '9. /y ^ C %' (7) ^lOs' SruOlt) TO fVMKV^KlO -\VtE cjDHOnrotA <\L vvsc Ve^Hcr V09. old '^'\\\lL“ ScVkOL. 9l\%0 U .N^^H iA-t: MM.. 55:^*=^^ Ovi-P. \hT9-KT vS.'TO Vy.V PJM XH^VlVN T"\Pi T^R; BOvVCPrnoH-ftl. OH TV^E- H oP-T^NM^ST ?A5^r 0^ 'TV»S c 5fW»9 a'Llxf ^ 1 ;i - (a K' ^■4 'i?kiip: (91^0 fOof J>/u-re lh'’t'C' PERMIT RECORD Permit Mo.Date Type of Permit s-s- -7'<g-76 10' &s/4 A-'// 9 - 9c '7.^/i V_^ . ^5^'- C G 1-i.^'^L i/LCy&\ ?/3AC //• I (o-S-C,~f S<^ ^693 l //-/ 7- 7 9/70 d- - /9 ■<?// Td.^y, MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 (#9 - #2233 Walter Holzer - Continued) Schroeder moved. Smith seconded, to table Application #2233 to gather additional information and further discuss the home occupation licensing. Vote: Ayes 7, Nays 0. Van Zomeren will notify applicant of time and date of work session. (#10) #2234 DOUGLAS E. WALDOCH, 4215 NORTH SHORE DRIVE - VARIANCE - PUBLIC HEARING - 8:59-9:02 P.ML The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the property is located in the LR-IB Zoning District requiring one acre lots. The property is substandard at .664 acres and at a lot width of 56' at lakeshore and 95' at firont setback, where 140’ is required. The applicant proposes to remove and reconstruct a new residence which will require a lot area and width vaii^ce. The location improve the garage location, street setback, and structure s proximity to side lot line. Van Zomeren indicated that Staff recommends approval. The applicant had no comments. Schroeder asked if the new residence is the same size. Van Zomeren said it was not calculated as no variance is required. Smith noted that the proposal is for a two-story residence in contrast to the current one story. Van Zomeren indicated the neighbors have voiced their support of the proposal. Smith questioned whether the property will be landscaped between the driveway and property line. She was informed that this is not required. McMillan noted the driveway and curb cut was approved. Smith moved, Hawn seconded, to approve Application #2234. Vote: Ayes 7, Nays 0. (#11) #2235 MARTIN B. SCHNEIDER, 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT AMENDMENT - PUBLIC HEARING - 9:02-9:33 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HEL.^ ON MAY 19, 1997 (#11- #2235 Martin Schneider - Continued) Van Zomeren *-“ported that the application is for an amendment to a conditional use permit originally issued in 1984 to allow for a non-conforming use of the structure as an arts school. The current proposal is a change from one non-conforming use to another use by the Lake Minnetonka Environmental School. The change of occupancy changes the Building Code classification from B2 to E2 which requires improvements to the building for handicap access and life safety standards. Van Zomeren asked the Commission to review hours of operation and parking that would result in any new impacts. Van Zomeren said Staff recommends approval of the amendment to the CUP subject to standards and conditions 1 and 2 regarding certificate of occupancy and amendment if any changes occur to the CUP. Review of the plans are also required. Martin Schneider informed the Commission that the building is the Old Hill Schoolhouse. He explained the background of the building and its use by the art center. He sold the building in 1994 but gained it back in February, 1997. Schneider said he does not believe there is any change in the occupancy. He indicated the age group had not been previously specified. B2 allowed for adult education but children were the majority attendants. Schneider said the change in occupancy will require the fire code regulations to go into effect requiring a fire suppression system. The property does not have city water and would require pressure tanks. While he supports the need to provide handicap access ramps and bathroom, he objects to the fire code regulation due to major expense and what he feels is not a change in occupancy. Lindquist informed him that the Planning Commission has no authority over these requirements. Van Zomeren said no variances are allowed from the Building Code. The code requires a 2-story structure in the E2 classification to meet certain standards including a sprinkler system. Van Zomeren referenced a letter from Building Inspector, Lyle Oman, regarding this issue. Schroeder informed the applicant that the Planning Commission is only to consider what the future use will be. If the E2 requires fire suppression equipment, children cannot be put at risk. What has occurred in the past, whether right or wrong, does not effect this application. Stoddard noted that the fire suppression system involves building code requirements beyond that required by the City. Van Zomeren noted that the art school had moved into the building without a certificate of occupancy. Letters from the Building Official had been sent to the art school regarding required improvements that were not made over a three year period. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19,1997 (#11 - #2235 Martin Schneider - Continued) Smith asked if there would be any effect on the neighborhood. Schneider said the use would not be increased and amount of parking stalls is excellent. He said he has not received any neighborhood complaints. Smith asked if the second story was not used, if the code would still apply regarding a fire suppression system. Van Zomeren said it would. Van Zomeren reported that if the application was approved, the comprehensive plan would need to be amended to reflect the change in use. Stoddard moved. Smith seconded, to approve the amending and continuation of the conditional use permit to provide for class instruction for the Lake Minnetonka Environmental F chool as outlined in application, subject to Staff recommendations and review of appropriate use classification and required building and State rules and regulations for appropriate use. The Staff recommendations subject the approval to the following standards: The building shall have a certificate of occupancy before the school relocates into the building. A future change in tenancy shall require an amendment to the condhional use permit. Vote: Ayes 7, Nays 0, (The meeting was recessed for ten minutes.) (#12) #2236 WILLIAM H. BOCKMANN, 1090 LOMA LINDA AVENUE - VARIANCE - PUBLIC HEARING - 9:43-9:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the applicant is seeking variances to street setback, side yard, and hardcover for removal of a one-car garage and replacement by a two-car garage. A lot area variance of 78.5% is required. Hardcover in the 75-250’ setback would increase fi^om 37.2% to 38.98%. The street setback would remain the same. Van Zomeren indicated that the lot area, width, and well location, which limits the location of the garage, are the hardships. Other homes in the area also have two-car garages. Staff reconunends approval. Acknowledgment form has been received from adjacent neighbor at 1082 Loma Linda Avenue supporting the proposal. The applicant provided a letter from his neighbor indicating support for the garage to be located 1* from the north property line. There were no public comments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 (#11 - #2235 Martin Schneider - Continued) Smith asked what the building inspector required. Van Zomeren said the building would require interior steps and a fire escape under the B2, which is not as extensive as the requirements under the E-2. Lindquist noted that the applicant questioned the classification change firom B2 to E2. Schneider asked the Commission to proceed with the application as recommended, and he would work with the building inspector. Smith informed him that if the building was classified E2, there would be areas where compliance with regulations would be required. Schneider said he did not know if he could make those improvements and might possibly have to sell the property. The tank and heated building for the tank would be prohibitively expersive. During public comments. Van Erickson informed the Commission that the building is old and felt the number of fire exits was adequate for safety. He did not believe the building should be required to have a sprinkler system. There were no additional comments. Lindquist asked the applicant if he had reviewed the recommendation and conditions. Schneider said he had some disagreement but asked the Commission to move forward, and he would work to resolve those issues. Berg inquired of Schneider if the issue was the code or occupancy. Schneider said it was the code as it changed the occupancy. Van Zomeren said the change to the CUP triggers the need for an amendment regarding occupancy and building codes. A member of the Lake Minnetonka Environmental School Board asked that the certificate of occupancy be supplied without all of the work completed as parents of the c^iloren will be perfonnirg some of the required work. Lindquist informed her that the Ph.ining Commission does not have this authority, and the matter would have to be taken up with the Building Inspector. Van Zomeren indicated that h was a liability issue. Shcrokec Use asked if this request was not possible, if the school could hold open houses. Lindquist again related that the Commission does not have the authority to waive Building Code requirements. Smith indicated that the interpretation of the code would be by the State. Schneider disagreed in that he felt the issue was the adult versus children occupancy. He believed the issue will have to be reviewed by the City Attorney. He mformed Stoddard that the recommendation could be subject to HnilHing codes. Schroeder said he was in support of the use itself. He asked if there were any significant changes to hours or otherwise. Schneider said there would be no change to hours and people in attendance. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#11 - #2234 Douglas Waldoch - Continued) Jabbour inquired about the property’s elevation. Waldoch said the initial 75 ’ is flat with the home located in the steeper grade. Jabbour noted there was no need for the shed to be located in the 75' setback. Waldoch said the distance from the house to the lake is far. Jabbour indicated that the City has been consistent with asking for removal of hardcover within the 75' setback. Waldoch noted the shed serves a function but would be willing to move it to another location to gain approval of the application. Van Zoraeren clarified that the shed could remain elsewhere on the property. Kelley suggested the shed be placed behind the average lakeshore setback. Goetten moved, Kelley seconded, to approve Resolution No. 3907 with removal of the shed out of the 0-75' setback. The shed can be placed elsewhere behind the average lakeshore setback on the property if hardcover requirements are met. Vote: Ayes 4, Nays 0. (#12) #2235 MARTIN B. SCHNEIDER, 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT AMENDMENT - RESOLUTION NO. 3908 The applicant was present. Van Zomeren reported that the application is for an amendment to a conditional use permit for the Old Hill Schoolhouse located in the RR-IB Zoning District. The property is 25,400 s.f The Lake Minnetonka Environmental School is requesting relocation to this property. The Planning Commission recommended approval subject to the building receiring a certificate of occupancy before the school relocates into the building, a future change in tenancy would require an amendment to the CUP, and review of the appropriate use classification and required state building code rules and regulations for the proposed use. Goetten questioned the limiting of the occupancy to 56 when the prior usage occupancy was 83. Van Zomeren indicated that the number was derived from the school's maximum enrollment. Goetten said she would prefer the number be increased to allow a change in enrollment. Kelley inquired if the building code would require the budding be sprinkled. Jabbour indicated that this issue was not in the Council's jurisdiction. Schneider reported that he would perform what is required for the given occupancy and accept code standards. For the record, Schneider said he did disagree with the assignment of the occupancy as Ae change in classification triggers meeting the build'mg code regulations. He noted this is a separate issue and is willing to proceed with the application based on the Planning Commission’s recommendation and according to the resolution as stated. He does, however, question the findings of the Staff. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (Ul2 - #2235 Martin Schneider - Continued) Kelley inquired who makes the decision regarding classification. Schneider said El classification allows for occupancy up to 50 children up to grade 12 and E2 allows more than 50. Schneider asked the application be moved forward pending code review and wfil comply with code. Kelley asked if the classification is determined by Staff Moorse said the inspection staff reviews it. Kelley asked if this has been done. Van Zomeren said an architect prepares the code compliance, and it is reviewed by Building Official Lyle Oman for completion and appropriateness. Oman performed that review. Moorse noted that the El and E2 classification requires a fire suppression system. He said the change m the building code triggered the need for the fire suppression system but the code compliance has not yet been reviewed. Van Zomeren indicated that this would be conducted by the building official, after an architect had prepared an analysis. labour indicated that the process can be appealed citing an example when the inspector did not agree with the architect's findings. Jabbour reported that Schneider suggested the City ’s classification of the property before as B2 and now as E2 caused him to lose his grandfather rights. Jabbour clarified for the record and in defense of the City that Staff had made eveiy attempt to get the former occupant in compliance without success. Whether the building is sprinkled is not within the Council’s jurisdiction. It is a subject of the building code. Schneider informed Jabbour that he will continue with the process noting he could appeal if necessary. Jabbour and Kelley both noted that regardless of what occurred in the past, the rules regarding children occupying the building have to be followed. Van Zomeren informed the Council that the prior occupant, the art school, had moved into the building without a certificate of occupancy. The City then had to make attempts to gam compliance over 3-1/2 years. The B2 classification was for the art center. The Building Official did not observe children on the premises during his inspection. While the past classification may have been incorrect, the classification should be determined before any new use is allowed. Van Zomeren confirmed for Schneider that the building does not have a certificate of occupancy. Schneider reported that he is not affiliated with the art school. He gained possession of the property again when the art school defaulted on their contract for deed in February, Jabbour said the Council would like to expedite and facilitate the application. He indicated that the building can be shown to people prior to receipt of the certificate of occupancy. MINUTES OF THE KEGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#12 - #2235 Martin Schneider - Continued) Schneider Indicated that he originally purchased the building in 1989 and maintained the current use. The building is currently for sale. He noted the problems whh having to add a fire suppression system to the building, both structural and financially. He expressed concern that the City may not want to maintain the building as a school. Jabbour said the philosophy of the City is not to become involved in the use but indicated the Council is in support of the project. Van Zomeren said the resolution does not include a maximum number for occupancy. She recommended a number be included. Schneider noted that the building code is based on the building size and age of occupants. Van Zomeren said the number of occupants based on the building code is consistent with the resolution as drafted. Kell^ moved, Goetten seconded, to approve Resolution No. 3908. Vote; Ayes 4, Nays 0. (#13) #2236 WILLIAM H. BOCKMANN, 1090 LOMA LINDA AVENUE - VARIANCE - RESOLUTION NO. 3909 The applicant was present. Van Zomeren reported that the application is a request for side yard and hardcover variances for removal of an existing one-car garage and to instdl a two-car garage. It was noted that the Council had not been provided with the survey for their review. The property is .215 acres in the 1 acre zoning district, it does not meet lot area or width. Van Zomeren indicated that the location of the well limits the location for the new garage. She reported that the Planning Commission recommended approval for a 2.6' side yard variance and an increase fi’om 37.2% to 38.98% hardcover in the 75-250' setback where 25% is allowed. The Commission asked that a caveat be included putting the applicant on notice that no future hardcover would be allowed. Mr. Bockmann said the garage would actually be 1' from the property line due to the weU. Kelley noted that conceptually the garage is located in the roadway and needs to be moved. He understood the need for a 2 car garage and supported its placement due to the well location and approval by the neighboring properties. Goettea reported that it was not possible to make any deteraunations without having the survey available. CITY of ORONO resolution of the city council NO. 4 S A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 AND A VARIANCE TO SECTION 10.61, SUBDIVISION 5 (A) FILE NO. 1923 WHEREAS, Atelier LeSueur, Inc. (hereinafter the "applicant") has an interest m the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, attached (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow the continuation of a non-conforming use of the facility as a school of fme arts providing full-time class instruction and a variance to Section 10.61, Subdivision 5 (A) that would allow the continued use of an open parking area located within a required side street yard where no such parking would be allowed. Minnesota: 1. 2. 3. 4. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1923. The propeny is located in the RR-IB Single Family Residential Zoning District requiring two acres in area. The property consists of 25,440 s.f. or .63 acres. The buildmg referred to as the Hill School was built in the late 18(X)*s and served as an elementary school for the Crystal Bay community. In 1957 the Hill School was purchased by the Minnetonka Art Center and the facility continued to serve the Art Center through 1989. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 S 5. 6. 7. 8. 9. 10. On June 12. 1989, the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. From August 15. 1989 through September 11 . 1990. the Art Center of Minnesota (formerly Mirnetonka Art Center) leased the facility from the new owner for the purpose of contmuing use of the facility for an instruction purposes. From the later part of 1990 through the present, the facility has served as a licensed day care and a dance school. From the late 1800’s to the present, the facility has never been used as a residential dwelling. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant has filed for a conditional use permit to allow the continued use of the facility or a fine arts school offering full-time instruction. On April 18, 1994, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit and variance based on the following unique findings; a.The use has existed prior to the creation of the single family zoning district through to present times w'ithout interruption. b.The use has had no detrimental effects on the surrounding residential neighborhood. c.The art school to be operated from the Hill School building will continue to share parking facilities of the Art Center of Minnesota consistent with the former comprehensive operation. d.The City has no record of vehicular accidents resulting from the use of the gravel parking areas along the east side of the property adjacent to Briar Street. Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 24 ______ 11 The Council finds that the conditions existing on this property are peculiar to it I^d do r apply generally to other property in this zoning district; dtat grantmg the variance woufd not adversely affect traffic fire hazard or other danger to neighboring propemes, would not merely se^e a convenience to the applicant, but is necessary to alleviate hardship or difficulty; is necessary to preserve a substantial property rig "nt”lnd Lid ^ in keeping wiUt the spirit and intent of die Zoning Code and Comprehensive Plan of the City. n The Citv Council finds that granting a conditional use permit to allow the continued use of the facility as a fine arts school offering fuli-time instruction will not be detrimental to the health, safety or general welfare of the public, “ adlersX affect light, air nor pose a fire hazard or other danger to nc.ghbormg properties nor will it depreciate surrounding property values and that the 'pTposed 'level of use of the property will be in peeping with ^e intent and objretives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant's proposed use of the property as a Street yard. This approval is subject to the following conditions. Applicant has received approval of a variance tomMmMmsBiB right-of-way of Briar Street. 1. Page 3 of 7 >1* CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 A______ 2. 3. 4. 5. 6. 7. Applicant shall retain a licensed architect to address some of the following items as originally se*. forth in the Building Official’s memo of April 18, 1994 that are to be completed by November 9, 1994: a. Handicap access to first level only. b. Handicap sanitation facilities. c. Consideration of occupancy requirements and type of construction. d. Exiting requirements. This non-conforming use may not be changed to another non-conforming use. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of the fair market value of said structure. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to this building or structure is 75% (or more) of its fair market value as shown cn the Assessment Records at the time of damage, in which case the strucnire shall be demolished, and any c'^nstruction thereafter shall be for use in accordance with the provisions of ht S’ '“jle Family Residential Zoning District If the non-conforming use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of the structure shall be in conformity with the provisions of the Single Family Residential Zoning District. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant obtaining permits from the City to complete the required improvements as set forth in Conditions 1 and 2 above to be completed by November 9, 1994. Page 4 of 7 r«9 MBS On* - CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 2 4_____ 8. 9. 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. Annette LeSueur, the Director of Atelier LeSueur, Inc., has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, the School, its 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 9th day of May, 1994. ithy liin, City Clerk Edward J. Callmn, Jr., Mayor . Annette LeSueur Director of Atelier LeSueur, Inc. alt in 6. Schneider Andrea E. Schneider STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ ... The foregoing instrument was acknowledged before me on this 9th day of M y, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of ° Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. f nOTAaVpuauc’• mwn^ta Notary Public Page 5 of 7 Mtt »ii > 1 %?SS- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 4 24_____ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / ^ day of Tu/y___________. 199_f/ before me a Notary Public within and for said county, personally appeared Anr\f4i-^. u n >})6u'r't'td 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 ^pub Ik?- mwnesota HENNEPIN COUNTY My comrr.lsslon expires M2-90 STATE OF MINNESOTA ) ) ss. COUNTY CfF HENNEPIN ) On this iQ-th. day of Otitber , 199^ before me a Notary Public within and for said county, personally appeared ff^ar-f-.n B> S<^kAt',d-eC > -known to me to be the person(s) described in and who executed the foregoing mstrument,and acknowledged that he (they) executed the same as his (their) free act and deed. % NOTAPY^^UBUC - MINNESOTA /'X HF.Vn£~IN county M, o'.'*" x'sn s«?>f83 8-12-96 C'I'Z cCt //A NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . . , On this day of n . and for said county, personally appeared A /t known to me to be the person(s) described in and who executed the foregoing ii»t: acknowledged that he (they) executed the same as his (their) free act and deed. , 199 V before me a Notary Public within ' ■ Andre w e. trument.and LINDA S. VEE NOTARY PUBUC • MINNESOTA HENNEPIN COUNTY My commission «plrM 8-12M NOTARY PUBUC Page 6 of 7 ^ \ M >> ■> U-- VD .$ f—— — “ 5 ‘5 1 L_il ^11\.A1 » V.*\ 1 1 1 V'•U --4.9-- 2 eo.iVN. \l W*OC 3IOCWA> ___________<^0.4^ LMCKrr cx wriJkJ4» rckjKjts C ourt I •r I i I I « N90 1 i 1 1. t t- o|ol jl bi <=>1 xS -Lil £L ui G- S iz V- cO—^5j@ ->0 > < ul lO ■^1 .•») r 11 106.00 OBAVi area J I LM Ji I I / ct) ^ If" "^ PROOT= PARfclNI^-v __-p/- [ZI ••y 1 • V' 1' 1/ 1 /'yj 1 1 .C.OOC CW*»8 -•-N 90*00 ’00" w 175.00--- (60. RO. '?>) Soo Se-'f'' *o3€rrre»f' ptr' Doc. a/#./J<JZ?9 3 to ^trr*. Wosft Control Co'^'^’ feE dorn**" i-ot 5 i>ec. lO,"f ^ Page 7 c£ 7 3 4 24 EXHIBIT A PARCEL A Lot 5. Block 3. MARKVILLE. according to the recorded plat thereof. Hennepin County. Minnesota. PARCEL B Lot* 4 and 6. e«ept the West »frrttf'°Slne “n ciufty/Mini^ota:MARKVILLE. according to the recorded plat thereof. Hennepin uou y. RESOLUTION fS 4 24 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallln. City Clerk of the City of Orono , Hennepin County. Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of /'J'® proceedings of said City Council at a meeting of said City Council held on 9 , 19 91 . and that the same is a trueon May ^ and correct copy of said resolution was duly adopted b> said City Council at said meeting. In Witness Whereof. I have hereunto set my hand and seal this 12th , day of ________May___________________. 19_94------. J / (/ » • Yothy M^ Hfallin, City Clerk (SEAL) •. *• • U.t OrviCKf OCMVtM. COL.OMAOO TCL 3oa-tta*i20o Miami . FwOaioa rcL ao8-aao-ooao WAtMIMOTON. O.C. Tec 202-«24-tOOO POPHAM HAIK scHNoamcH a KAurMAN, ltd . In CUUO in C THl LAW FAACTIC2 Of MASON, FfNWICK A LAWACNCI, ESTASLISMtO I86t SUITE 3300 222 SOUTH Ninth Street Minneapolis . Minnesota 55402-3336 Tel 612-333-4800 • Fax 612-334-0000 HEATHER L ILLIES DIRECT DIAL (612) 3M4796 March 15, 1995 Mar 1 s A.rriLIATlON8: BCIJINO. C mima TCL OI l•6l*StSa2«l Lfi^Zto. GC^manv TCLOII49*34l-Aai8AZ9 iTUTTOAUr, OCAMAHr TKL OI 149-71 1-22969 1995 Dorothy Hallin City of Orono P.O. Box 66 - •- Crystal Bay, MN 55323 Dear Ms. Hallin: Enclosed, please find the following resolutions recorded in Hennepin County: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ResoluUon number 3507 (file number 1983), recorded on 01/27/95 as document number 2585965. «,/^-T/ne ^ Resolution number 3506 (file number 1980), recorded on 01/27/95 as document number 2586032. a Resolution number 3500 (file number 1969), recoided on 12/23/94 as document number 2577888. j » ResoluUon number 3473 (file number 1963), recorded on 12/20/94 as document number 2576730. Drainage Easement (Wold), recorded on 12/20/94 as document number 2576733. ResoluUon number 3421 (file number 1917), recorded on 12/05/94 as document ReTo^^Uornumber 3486 (file number 1970), recorded on 12/20/94 as document ResoluUon number 3375 (file number 1892), recorded on 11/04/94 as document ResoluUon number 3424 (file number 1923), recorded on 11/04/94 as document number 2565015. ResoluUon number 3420 (file number 1881), recorded on 10/21/94 as document number 2561221. 327/14087413 3/15;95 •illB .1. ResoluUon number 3325 (Hie number 1829). recorded on 10/25/94 ns document 12. "dS°ber 3374 (fUe number 1891). recorded on 10/25/94 as document ,3. ReT^uSto 3320 (fde number 1864). recorded on 10/25/94 as document 14. "tiSber 3463 (file number 1949). recorded on 10/04/94 as document 15. "aofnumber 3431 (file number 1920). recorded on 10/04W4 as document 16. Bank), recorded on 02/22/95 as document number 17. Sdve Covenant (Kipfer). recorded on 02/22/95 as document number 2590897. If you have any quesUons or comments regarding these resolutions, please feel free to contact me. Very Truly Yours. iWlher niiesilher niies Case Assistant 327/14087483 3/15^5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 0 8 A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SU'BDIVISION 5 FILE NO. 2235 WHEREAS, Martin B. Schneider (hereinafter the "applicant") has an interest in the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, attached (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow for a change in tenancy of a non-conforming use of the property to allow the Lake Minnetonka Environmental School to relocate to the site. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2235. The property is located in the RR-IB Single Family Residential Zoning District requiring two acres in area. The property consists of 25,440 s.f. or .63 acres. 3.The building referred to as the Hill School was built in the late 1800 s and served as an elementary school for the Crystal Bay community. 4.In 1957 the Hill School was purchased by the Minnetonka Art Center and the facility continued to serve the Art Center through 1989. The Atelier LeSueur School has vacated the premises and it is currently vacant. 5.On June 12, 1989, the City approved a metes and bounds division that divided the Hill School property from the Minnetonka Art Center. Page 1 of 7 1 6. 7. 8. 9. 10. 11. 12. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 0 8 ^ From August 15, 1989 through September 11,1990, the Art Center of Minnesota (formerly Minnetonka Art Center) leased the facUity from the new owner for the purpose of continuing use of the facility for art instruction purposes. From the later part of 1990 through May 1994, the facUit>' has served as a licensed day care and a dance school. From the late 1800 ’s to the present, the facUity has never been used as a residential dwelling. As reouired by Municipal Zomng Code Section 10.03, Subdivision 5, the applicant has filed for an amendment to a conditional use permit to allow Lake Minnetonka Environmental School to locate in the building. On May 19, 1997, the Orono Planning Commission voted unanimously to recommend approval of the conditional use permit amendment based on the following unique fmdings: a. b. The previous use as a school has existed prior to the creation of &e single family zoning district through to present times without interruption. The proposed use wUl have no detrimental effects on the surrounding residential neighborhood. 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 Ae variance would not adversely affect traffic condidons, light, air nor pose a fire hazard or other danger to neighboring properties, 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 an Comprehensive Plan of the City . The City Council finds that granting an amendment to a conditional use permt to allow the use of the facUity as a Lake Minnetonka Environmental School will not Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 0 8 be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant's proposed use of the property as a private, non-profit middle school for grades 4-8 is a legal non-confomung use of the property and hereby grants an amendment to the conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. 1. 2. 3. 4. 5. Applicant shall retain a licensed architect to address code requirements for change of occupancy. This non-conforming use may not be changed to another non-conforming use. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of the fair market value of said structure If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to this building or structure is 75% (or more) of its fair market value as shown on the Assessment Records at the time of damage, in which case the structure shall be demolished, and any construction thereafter shall be for use in accordance with the provisions of the Single Family Residential Zoning District. If the non-conforming use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of the structure shall be in conformity with the provisions of the Single Family Residential Zoning District. Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 0 R 6. 7. 8. • AT TEST: Authorities granted by this resolution run with the property not with the applicant, but are permissive ordy and must be exercised by applicant obtaining permits from the City to complete the required improvements as set forth in Condition 1 above to be completed prior to a certificate of occupancy being issued and relocation of the school. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zomng Code, shall automaticaUy terminate any authority granted herein, and shall be punishable as a misdemeanor. Martin B. Schneider has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, the School, its 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 May, 1997. GabrieYJabbour, Mayor\ Property Owners STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of May, 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 on behalf of the City. LINDA S.VEE uy rwnmiulcn bP'tc Jait 31. ^ 8 Page 4 of 7 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 0 8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of <1’/jnP_____________. 199 7 . before me a Notary ^blic withinand for said County, personally appeared Mar-Un ^chn'e.i cf-er: ----- 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. y •. i ^LINDA S.VEE NOTARY PUSUC-MINNESOn HENNEPIN COUNTY A. My Commission Expires Jan. 31.2000 Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared ________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 / d / 1 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 0 8 _ exhibit a ■ • ■ the recorded plac thereof. Hennepin 5. Bloch 3. HAHKVILIB. according to ^O^un ’ty. «lnhe«“- I. A f. all In Bloch 3. ' u a 6 except the Vest 69.00 fee' °f *f^tr';°Snnerin ciunty. Minnesota. SS.ltS ti “.5S... »• Page 6 of 7 • • ------x. •A. : •r ____I -r 7-X uui K- it 10^6.00 TP^ xS. S, ••.. X n AVT n i.*\ Wl AR£A r T11 “T "T ” J" "^c"* IJ I LM Ji I I 1/ rfi V If" ^ PROOP OP PARkINd. WIOC >tOCv/At 00.4^ >Vw:j %s:j «^k Hicw-r CxuriKu, TjS^KiiS Cou^T A**K* i-rr.”- • • • # • • •‘Cowt.:;? • . • V77"TiTFT77 < / / . / Xs/IT/VTA ^ ''Z-4To«Y ^ WOOO • « /^t7 SQ rr. r / I------ • « \jv_r- jv ^<yT71'-u\ ' 'V • • • •“y * V'.r/ 5.0 69.00------------- ----- ^doWC. CUt^B - ^lOB.-bcr^ ^ J. - >)[/ ---N90*00'00 “ W 175.00 — « _ * • V / /. tr* 1 ^ ^San.Se'^efast.mtut ptr \ Cd r^W, ^ I / 0»c. f/0.l3OZ^^^ f» Af«rr» Was ft Ctnfrtf SE. do»vi*r »f Itoy/'t Aeifr ?> £»e<.. /O.T/i'?. R.*7.3 Exhibit A Page 7 cf 7 8908 COUNCIL Mi£TiM OCT 2 6 1998 REQUEST FOR COUNCIL ACTION or/ o** -'NO Date: October 22, 1998 Item No.: j Department Approval:Administrator Approval: Name: Michael P. Gafiron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2369 - Joe & Mary Fiedler, 365-373 Westlake Street - Variances - Withdrawal - Lot Combination Approval - Request for Assessment Refund List of Exhibits A - Letter of Request 10-7-98 B - Staff Letter 9-17-98 C - Plat Map D - Sketch / site plan Variance Request Withdrawn The Fiedler’s had earlier this year applied for variances to construct a new home to replace their existing home at 365 Westlake Street. This is a small lot, 50'x213 ’, or 1/4 acre in a 2-acre zone. Their proposal required a significant number of variances which the Planning Comission found to be difficult to approve, and the request was tabled. After the May Planning Commission meeting, the Fiedlers found that the Langert property next door at 373 Westlake (also 1/4 acre) was available, and they purchased it, with the intent to combine both lots and eventually demolish both houses and build a new one on the combined lots. This would be a win-win from the City's perspective, in that it reduces the ultimate density in this already high- density neighborhood, and reduces the degree or magnitude ot variances required. The legal combination is in process at the County, and eventually we will receive a notice from the County requesting City approval. We normally accept combinations without comment, except when 2 principal residences are involved. Proposed Combination - Options for 2nd House The request in front of Council is to allow the old Langert house to remain on the combined lots as 365-373 Westlake Street Combination October 22. 1998 Pace 2 an accessor}' structure with no plumbing. Technically, the legal combination could not be approved by staff unless one of four options occurs: 1 . The Lancert house is removed; or 2. Council grants approval for leaving the Langert house as-is with plumbing intact for some limited time period (this would likely require a variance); or j.Council grants a Guest House or Plumbing in Accessory Building CUP (the combined property does not meet standards established for either of these CUPs); or 4.Council allows Langert house to remain as an accessory^ storage building without plumbing, with existing substandard setbacks and nearer the street than the principal residence structure, presumably for a short period of time until the new house is built. Option 4 seems most viable to staff and the applicants, and the Fiedlers are willing to remove the plumbing. Since no new construction is proposed at this time, staff does not see this as a variance application, but as a proposal that does ultimately require Couneil action. It would be reasonable to allow the Langert house to remain in place without plumbing until the new home is built, as long as it is kept in good repair. Assessment Refund The Langert residence was assessed for sewer as part of the Stubbs Bay project and was connected in 1993. The Langert's paid the annual assessments with their taxes each year from 1993 through 1998. then the remaining balance of $5,304.02 was paid to the City on June 16, 1998 as part of the Fiedlers' purchase. Mr. Fiedler has indicated he will provide a copy ot the purchase agreement confirming that he, as the purchaser, paid this and not the seller. Note that the assessment for the Fiedlers' home was fully paid off when they purchased it in 1993. The Fiedler's are requesting a refund of the amount they paid off for the Langert assessments, apparently on the basis that the sewer connection will no longer be used. This refund was brought up by Mr. Fiedler when we first discussed the combination issues in September, and 1 suggested he add this to his proposal for consideration. His request is posed in terms of'transferring the payment’ to 365 Westlake Street, although this is confusing because his assessment for 365 Westlake was paid olTin 1993. and neither the City nor Hennepin County have a mechanism for crediting this amount tj .' ard future taxes, if that is the intent. Therefore, any waiver of already-paid special assessment amounts approved for this property would now be in the form of a refund check to the Fiedler's. 365-373 Westlake Street Combination October 22, 1998 Page 3 Finance Director Tom Kuchn and I have discussed whether there is a precedent tor refunding paid sewer assessments when a house is tom down. We haven ’t found one identical to the current situation. Council has waived unpaid sewer assessments for a small number of vacant properties that had never been built on and never connected, which were ultimately combined as additional yard area for adjacent properties (Eastlake Street, Tonka Avenue). Council did waive the upptttd sewer assessments for the old gas station at 1950 Shoreline, which had been connected to sewer for a number of vearst however, that w'as a non-confomiing use situation that the City had a great interest in eliminating. Refunding in the current situation, where the sewer had been connected and used for a number of years, and the assessment already paid oil, may set a dangerous precedent. Staff Recommendation 1.Direct staff to approve the legal combination when the County paperwork comes tlirough, subject to the removal of plumbing from the building at 373 Westlake Street. 2.Accept the existing structure at 373 Westlake as an existing non-confomiing accessory building due to its location nearer the street than the principal residence, for a limited time until a new house is built on the combined lots. Fiedler has indicated he will likely build w ithin 1-2 years, and staff suggests a condition that the stmeture be removed w ithin 2 years. 3.It may be most appropriate to formalize the above approval and conditions in the torm ol a resolution for adoption at your next meeting. 4.Given the potential negative precedent that could be set by refunding sewer assessments on a residential property where sewer had been connected and in use for a number of years, staff recommends auainst the relund. Mr. Fiedler intends to be at the meeting to present his request. COUNCIL. ACTION REQUESTED Direct stalThow to proceed regarding the combination aiid regarding the assessment refund request. L..„ »A Joseph D. and Mar>’ B. Fiedler 365 \V. Lake Street Long Lake, MN 55356 612-449-9073 c<r^of J i •y» • October 7, 1998 iPCL ...... ^ ^ ' Dear Mike Gaffron and Council members. I am writing to you to formally withdraw my permit request for our propert>’ at 365 West Lake Street. Since I appeared before the Council last Spring, we have purchased the property adjoining ours at 373 West Lake Street (Lot 17) for the purpose of eventually building on the combined lots. To this end, we have done the following; 1) Begun the legal combination process with the County; 2) Gutted the interior of the structure on Lot 17 for the purpose of using it as storage space. The shed at 365 is falling down and would be the next structure to be removed. The basement/garage would provide temporary storage for the lawm mower, snow blower, tools, etc; 3) Capped the well point on October 1,1998. Therefore, I would respectfully request to appear before the Council on October 12,1998 for the purpose of requesting the Council to transfer the sew er assessment payments paid on 373 West Lake Street at closing to 365 West Lake Street. Thank you for your time and consideration. 1 look forward to the Council meeting on October 12, 1998. Most sincerelv. Joseph D. Fiedler /o o CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 September 17, 1998 Joe Fiedler 365 Westlake Street Long Lake, MN 55356 Re: Legal Combination of 365 & 373 Westlake Street Dear Joe: Enclosed is the legal combination request fomi you would complete and send along to the County to start the legal combination process. The County will assign the combined lots a new PINS number, change their maps, etc. They also will eventually send this request to us for City approval. City approval would be granted subject to you and the City reaching a formal conclusion as to what happens with tlie house on Lot 17. I know you intend to eventually remove it, but this will need to be more formalized in order that we can allow the combination, since a single propert>' can have only one residence. The pote .itial options include: 1. Remove the second residence structure (the house on Lot 17); 2. You could request that the Council allow the house on Lot 17 to remain as-is for a defimd limited period; 3. You could formally apply for a "guest house" conditional use permit (which v. juld likely not be approved since that requires 4 acres in the 2-acre zone); or 4. You could ask the Council ■>■'* it remain temporarily as an accessory storage building, which would requixe t*ie plumbing be removed, I suggest you include your choice of these options in your letter requesting the Council to transfer the ass osment payments from 373 to 365. Call me if you have questions! Sincerely, y Michael P. Gaffron Senior Planning Coordinator end Telephone (612) 473-7357 • FAX 473-0510 e % OAJ a /'^^'3.6 .* I n 'C- a:oz CD I I dj d 0O c:i (n rf f c<3> s'30 1 ---------" 540.8 53'. 01 • 1 5?457 , 2 (40)533.22 2 S 457 ! 3 Si S N 291 529. 43 7 « 4(22) b'_S ■:^ 4 . 525.64 •' 4 57 m « V 457 5(23) »1':2 * 521.85 ^09) 7 £ (25) .X457 ^ALLEv s mm 5'e.C5 ^?J s \( 14) 7 L 514. 27 Pk\A' T4.(15) 'i 51c. 4S (16) 9 536.7 s?Z :5.5 10(26) s r 17) 10 459. •,'J 213.5 ^ , 15 (27\>^ 453.8 ( i9) 12 445.74 33 33 fO t, •■•''^""€LA^E»3T . HO®!=3TS" o■3- 435.95 ^ s . m w(B'^ 6 U ‘'i ik A 69.4 43775 95 # !25 1 B '6^2 B « N 3 B S4? •A •i \ \ \ / N COUNCIL f'/tiSTiM 0 REQUEST FOR COUNCIL ACTION Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Date: Item No, OCT 2 6 3998 Agenda Section: Zoning Item Description: #2341 - Dan Anderson - Lot 5, Little Orchard Request to Revise Easement Legal Description List of Exhibits A - Existing Easement Depiction B - Proposed Easement Depiction (Developer) C - Proposed Easement Depiction (StafT) Summary of Request In the co\enants for the plat of Little Orchard, the City was granted a Tree, Woodland and Vegetation Preservation Easement within the 3 lakeshore lots (Lots 4,5, and 6). This easement included a "Preservation Easement Area" (on the steep wooded slopes along the shoreline) and a ' Protected Area" (additional areas further from the shore but within the 75' setback or within the 'bluff impact line'). See Exhibit A. Staff worked with Mr. Anderson to establish reasonable boundaries for these two easement areas based on the topography maps, staff analysis of the bluff boundaries via cross sections, and based on the natural and manmade site features which provided logical 'edges', such as the old lield road and fencelines. The resulting boundaries were staked in the field, surv eyed, described by metes and bounds, and agreed to by staff and applicant based on Council's direction. A poteni; .1 buyer for Lot 5 has pursued (with some vigor) the premise that the boundary of the "Protected .Area" is ill-located, and should be moved nearer the lakeshore. The basis for the request is that new. more accurate topography (which has been field-verified with as many as 300 individual elevation shots, rather than merely created via photogrammetric methods) results in the 'top of bluff being located from 10' to as much as 40’ nearer the shore than depicted in the easement description. Staff Perspective When this topic was first raised by the potential buyers and their builder. Kyle Hunt, stall initially took the view that the easement is in place to everyone's satisfaction, so live with it. However, the builder insisted that the lot is not suitable for a walkout unless a home can take advantage of the natural slopes to the southwest corner, and tliat the 30' bluff setback eliminates this potential. -2341 - Little Orchard Easement October 23, 1998 Page 2 The builder was told that the City is not likely to grant a bluff setback variance for a newly created vacant lot. and that staff does not at this point have the ability (nor any motivation) to revise the description of the easement. When faced with the spectre of'inaccurate topographic information', however, staff suggested that the builder may wish to have a new topographic surv ey created for site planning purposes to more accurately establish house placement. This was completed by a surveyor in .August September. The result was a renewed effort to convince staff that the 'top of bluff was incorrectly located. During the initial discussions it was clear there was some confusion on the part of the builder and surveyor about how our 'top of bluff ordinance definition is to be interpreted. This was mostly cleared up. and staff was presented on Oetober 22 with cross sections of the slopes based on the new topography, depicting a proposed new easement line, and a request for Council review of the matter. Bluff Cross Section Analysis 2. 4. 5. The submitted cross-sections prove a number of points: 1 . The slopes are comple.x in nature. At critical points the slopes are just over or just under the 18% threshold used for determining the 'top of bluff. The field methods originally used by staff and developer to help define the boundaries erred on the conservative side, and found that borderline slopes were steep enough to define the 'top of bluff in locations that gave a clear sense of boundary between 'steep' and 'not as steep'. The blulT impact line boundary (30' uphill from top of bluff) as it is documented in the easement, provided significant protection of not only the steeper slopes but the scattered mature trees between the field road and the fcnceline. This forced any construction to be as much as 30' back from the fenceline in some locations, i.e. out in the open field. As was always known, tlie westerly 1/4 of the lot has flatter slopes that do not meet the definition of bluff In that location the fenceline was originally chosen as the demarcation for defining the 'top of bluff, to continue the easement to the west lot line. This was done for the sake of convenience as well as to provide a relatively straiuht boundarv. 1 have re\ iewed the submitted cross-sections and disagree with 4 of the 7 points depicted by the surveyor as 'top of bluff locations. An analysis of the slope 'contour by contour' yields slightly different results than the computer generated sections. I would agree, however, that the new analysis with some corrections by staff does yield a 'top of bluff setback line ranging from 5' to nearly 45 ’ nearer the lake than the current easement line. See Exhibits B and C. #2341 - Little Orchard Easement October 23, 1998 Page 3 Does Revised Description Meet Cih's Protection Coals? The City ’s goals for protecting this unique wooded shoreline were/are to presers e the dense natural vegetation (trees, shrubs, plants) along the steeply wooded shoreline, and to limit the impacts on vegetation in the 0-75’ and bluff impaci zones. In relating this to the actual site features, staff concluded it was appropriate to define the steep slopes lakeward of the field road as Preser\’ation Area (’don’t cut anything’) and the area between the field road and the fenceline as Protected Area (’minor trimming OK, no tree removal without pemiission’). The original easement description agreed to by staff and developer, accomplishes these goals. The bluff impact line was not solely intended to establish the 30 ’ building setback from the top of the bluff, but also to provide a buffer to ensure that the grading allowed by code within the first 10 ’ downhill from the 30 ’ setback, would not result in tree damage. The easement proposed by the developer would result in the potential for 2 or 3 mature trees to be removed, with the potential for a few others to be eneroached upon b\- the grading that is allowed in the first 10 ’ downhill from the setback line. There is a jog in the developer's proposed easement line that is a result of the topographic anomally created by the field road and pumphouse. Note that in the centr 1 portion of the lot. the house could be located lakeward of the old fcncelinc. This is where there are potential tree impacts. In this location staff is proposing to divert from the technical ’top of bluff detrmination for Cross Section ’C and draw the line from ’D' to ’F’. The result is that a few more trees between the fenceline and the field road will be protected. Also, as a result the nearest the house could be to the shoreline is about 100 ’ at any given location on the lot. Staff Recommendation The builder had indicated a proposed house location to staff, which may or may not be significantly benefitted by the revised easement location as proposed by staff However, the recised description as proposed by staff in Exhibit C is more accurate thatn the current description while meeting the City ’s goals and intent. COUNCIL ACTION REQUESTED Approve the revision of the easement description as proposed by staff Department Approval: Administrator Approval: Name: Michael P. Gaflron Title: Senior Planning Coordinator Item Description: Dan Regan, 3410 Nortli Shore Drive - Request to Allow Driveway Access to Outlot A'Tonkawa Shores” - Appeal of Administrative Action - Additional Information List of Exhibits A - Render's Proposed Agreement Format Submitted October 12,1998 B - Additional Information from Render 10-14-98 (Warranty Deed) C - Dan Regan's Concerns (Summary) October 12,1998 D - Memo and Exhibits of October 9,1998 October 12 Action At the October 12 Council meeting, Dan Regan (3410 North Shore Drive) appeared before Council regarding his access proposal. Allan Stein was also present representing Kenneth Stein of 3400 North Shore Drive. Council was asked to provide direction as to what standards were acceptable for Render's roadway if it will serve 4 or more users. A mixed reaction resulted, with opinion's ranging from ”20' is OK for up to 6 users", to "more than 4 users will require a 24' road and cul-de-sac", to "no decision until the ownership of the alley is resolved". If there was any concensus, it appeared to staff to be that a 20' road would be OK for up to 4 users. It was noted that it would be improper for the City to give up its right to regulate a public road to a homeowners association, if in fact the alley is a public road. Council did not express any objections to reorienting the'T hammerhead, slightly shortening the length of the road Council tabled action on this item pending more information regarding the ownership of the alley. Additional Information and Discussion On October 14 Mr. Render provided staff and the City Attorney with a copy of the w arranty deed which apparently created the easement. That deed does little to clear up the controversy as to which properties are beneficiaries of the easement. However, it now seems more likely that the easement is not granted to ihe public, but provides access to Tonkawa Road for some, if not all, of the abutting properties. The only way to know for sure is to research the titles of all potentially affected properties, a task which neither the City nor the parties involved in this matter have attempted. 3410 North Shore Drive - Access Issue October 23,1998 Page 2 Staff and the City Attorney met with Mr. Render on October 22 to review the issues and attempt to devise a possible solution. Such a solution might incorporate the following elements: 1. 2. 3. 4. 5. Even though it seems apparent that Render has a right to use the entire old 16' easement for access purposes. Render will redesign and relocate his 16' paved width road so that it will require no grading within the portion of 16 ’ easement south of his lot line, hence he will not be encroaching into the neighboring properties. This will be accomplished by tilting the road to the north, expanding the ditch on the north side to allow all road drainage to reach the stormwater pond, and he will place culverts under the road as needed to accommodate existing drainage he receives from the neighooring properties. Render will grant (at no charge) to those property owners who currently have rights to use the old 16' easement, an easement over his new 16' road to use it in the 'occasional' manner in which they have historically, assuming the City agrees to this. With this easement in place, there should be no claims that the historic right to access granted by the old easement is being 'blocked' by placing a new road halfway over the easement. The City still claims a right to regulate private property access to public roads as it always has. If any neighboring owner wishes to begin using Render's road for primary access, subject to City approval. Render would allow his 16' road to be expanded southward (into the neighboring properties which would benefit by the expansion) to 20' or even 24' if the City so requires, at the expense of those benefitting owners. The City at this point has not been provided with any documentation by the neghboring property owners (3400/3410/3420 North Shore Drive) that the road as approved by the City is an encroachment on their rights of access. The neighboring property owners are encouraged to provide such information if it will help the City understand their concerns. Render will redraft an agreement format that meets with the City Attorney ’s approval and which does noi include a clause requiring 51% of the currently bound owners to agree to additional primary users. City Attorney Tom Barrett will be present Monday night to help answer any questions Council may have regarding this scenario. Note that the cost to Regan to increase the road width to 20' is estimated by Render at around $2,000. 3410 North Shore Drive - Access Issue October 23,1998 Page 3 Staff Recommendation The best solution would be that the neighbors all get together and just agree to build the road at 24' wide with a cul-de-sac, since it seems likely to staff that we will eventually get requests from all 3 adjacent neighbors to use the road. However, absent such an occurrence, staff recommends that Council accept the 5-point solution outlined above. Note that as a result of the private road outlot creation, 3400/3410/3420 North Shore Dr'^e b^ve become '♦hrough lots' which require a CUP for any dgtaghgd accessory buildings. Additionally, staff recommends approval of Regan's primary use of Render s road, subject to the above program and subject to: a. Paved width of private road shall be increased to 20'. b. Render to provide a revised road plan detailing 20' width and revised'P turnaround. c. Regan shall eliminate the driveway access to North Shore Drive upon opening of the primary access to Render's private road. COUNCIL ACTION REQUESTED Motion to allow Dan Regan of 3410 North Shore Drive to create a driveway access to Render's private road in Outlot A, Tonkawa Shores per the general guidelines 1-5 noted above, and subject to conditions a, b and c noted above. OCT-12-195:3 1?:31 HOJJSE 612 844 IZ20 .P.02-^02 The owners of Lots 1-3, Block 1, Tonkawa Shores Addition are willing to grant an easement for occitsional usage over Outlot A to the owners of3400, 3410, and 3420 Nonh Shore Drivc.The intent of tliis easement is to mjuntain access as they may have had un the past. Further, the owners of Lots 1-3, Block 1, Tonkawa Shores Addition arc willing to grant an casement for piimaiy access to the owner of 3410 North Shore Drive, which is currently Dan Regan, subject to the following conditions: 1) Verification of thre actual easement, which has been requested from Hennepin Co. 2) City of Orono approval of this easement. 3) The roadway to be constructed slmll be 20 ’ instead of the currently approved 16’. 4) The owner of 3410 North Shore Dr. shall agree to pay 20% of the total cost of constructing this private roadway, including costs of engineering, design, grading and soils correction as may be needed, paving and drainage. 5) The owner of 3410 North Shore Dr. shall join in the” Declaration of Covenants, Conditions, Restrictions imd Private Roadway Easement” as submitted to the Ch)' of Orono and shall agree to t responsible for 25% of all future costs. 6) If any additional adjoining land owners wish to obtain an easement for primary access they must obtain the approval of the majority (51% or greater) of all propertv* owiiers currently bound by said” Declaration of Covenants, Conditions, Restrictions and Priva:j . Roadway Easement” and must agree to join in said '’Declaration “and pay their pro rata sliare of all future cost. James D. Render current owiicr of Lots 1-3, Block I Tonkawa Shores Add’n. TOThL P.02 MASO N45(jti«l Afodwtiyi ol Soruti^ IOC Daniel F Regan, Registered Representative of H D Vest Investment Securities. Inc Advisory Services offered through H D Vest Advisory Services, Inc. Securities offered through H D Vest Investment Securities. Inc Member: NASD/SIPC 6333 North Stale Highway 161, Fourth Floor Irving. Texas 75038 (972)870-6000 Sl'PC dtcu/tl4f invMio^ ProlicOoo Cctpc-fottcm City of Orono October 9,1998 m Everything we have talked about is based on the assumption that Orono has a sixtera-foot easement centered on the property line. When Jim Render asked for a permit to develop his three lots this sixteen-foot easement was assumed to be an Orono easement. The following facts seem to question the City ’s claim to an easement. 1. Our titles include a private easament between the property owners for a sixteen-foot roadway centered on the property line. Orono is not a party to that casement. 2. Our titles include Orono’s twenty-foot easement for sewer access. For some reason this easement is not centered on the property line. It runs parallel to the property line with eighteen feet on the south side and two feel on the north. 3. Cur titles include Hennepin County ’s casement for County Road 51. 4. Our titles do not Include Orono ’s sixtccn-foot easement. 5. If Orono ever bad an easement for the Birch Lane Extension to Tonkawa it was abandoned when they issued permits to build the hvo garages shown on the plot. The first permit was granted before Jerry and Kathy Ray purchased their property. The second was issued to Ray Kempf about fifteen years ago. With or without an Orono easement what happens to Jim Renders request? 1. Render can use tlie easement if he complies with Zoning Laws. 2. The other property owners can use the easement if they comply with Zoning Laws. 3. The private easement gives rights to the property o\s-ncr5 on both sides of the property line. These rights cannot be ignored by the other property owners or Ororo. 4. Render can do whatever he wants if he slays outside the private easement. IrapracticaL he probably would not have enough room to build three houses and there would be a potential for two parallel driveways. 5. He could ask us to give up the easement. He would probably have trouble building three houses without a variance. 6. Render can use all or part of the private casement if he does not interfere with the other property owner ’s rights. , - , , r •• i 7. Orono, Render, and the property oi^mcrs must all agree to the final plan if it involves the private easement Can the property owners give up the private easement without permission from Orono? Render and Regon have come to an agreement and Orono will probably agree but everything was done ari .-ming that Orono controlled the casement when m tact it is the property owners that control the easement (subject to Zoning Laws.) The new private driveway should be owned by all six property-owners, without restriction.s (subject to Zoning Laws.) We need lo approve the new document that continues our ownership rights. As an owner and primary user of the private driveway Regan is willing to pay his share of the maintenance, upkeep and snowplowing but doesn ’t understand how Orono enforces those restrictions on private property. Isn’t this a neighborhood squabble. •XT-14-1??3 14t3:3 FE hLTV HXI3E 612 S44 P.02 02 A, • WD /I ^ 2939222 5-3-55, 9:30: Harvey Mahr and Frances ilarle 4-38-55 Mahr, his wife, and Emil Kroboth and-^/ Edna Kroboth, his wife to *5^1.00 etc ‘Raymond L. Kennedy and Hergarot F, Kennedy, hva and wf, as J/ts+ . ^ tL of Lots 14^^hhd-'^, LydtsCM^^s Park, 1 If* 0-0 K • • • 4 /• '.All th pa at a of the Lydiard th IW *. • ;V •e » •* !• •/ a <1-1 X-/ h part of Lots 14-fehd-'^, LydtsCi^s Park, HCM+, .;4eecd'as foils: Beg pnt on the 3W line of sd Lot 15» 225 ft NWly of;; the pii^-.of inter sect ion e SW line of sd Lot 15 and the base line shown ori- the; oiat of sd i«ydiard*8 Park;' th Nii at right angles wl the SW lino |.bf sd Lot I5, 125 ft; th NW para wl the SW line of sd Lot 15, to the shore .of Li^e Minnetonka; th SWly along sd short to the SW line of ed lot" 15; th-S^to the pnt of beg, SubJ to and Including an easeoient.r'wh/feaseniefit is deapd^as. foils: A strip of l?'.nd 16 f^; v/ide across Lots I3, 14, and 15, Ly41ah^*s Park, HCM+ (over) • \ * *.> ; . .'A*.s • • .••.*> • - 'i'v.- \ -»• • •> •• -2-U939222 the oenterllne of wh is descd the^^^Slhe^of L^t 15 and Lot 15, 225 ft N''- 5f af Lydiard*s Park right anglesthe base line shown on the plat ed Loh. 'l? end th»rr wl the i>W line of sd iot to th^w^ 4adwa-/ purposes'; ;both of ingress ^ egress over ® of the parties of, tL^lfftt • heirs, e.T.ecutors, the second oartv the'.^survivor thereof .part hereto, and upon -ho „ ' Free" from all incumbrances, subj ' and the heirs and assigns of or^^^^ be hereafter to taxes end spec assesoments, ^ wh are not -yet due and oay,le^'led or assessed against sd prens, but wh are nox uue o . j Revenue Stampsi S4.95 Wit and ack vg 4%^ •*«■••• • • i. *!< •h m V* V . ■•>. •V . .* v ‘> •:. • i- '•• • *“• :* . --j; •< &' •: I ^ *. ;i. • t •.U.f • I *« .• • .;>■ .4-y .. \!V.* ,'4' ♦. i .»'- .• •r. . k ,r If' *: TOTvil. P.oi REQUEST FOR COUNCIL ACTION Date: October 9,1998 Item No = 7 Department Approval: Administrator Approval: Name: Michael P. Gafiron . Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Dan Regan, 3410 North Shore Drive - Request to Allow Driveway Access to Outlot A'Tonkav/a Shores" - Appeal of Administrative Action List of Exhibits A - Notice Mailed to Neighboring Property Owners B - Sketch C - Agreement Proposed by Render & Regan D - Sketch of Revised Proposed Road E - Memo and Exhibits of September 25, 1998 Dari Regan of 3410 North Shore Drive appeared before Council on September 28 requesting approval to construct a primary driveway access from his proposed attached garage to the 16’ private road approved for Jim Render's 3-lot "Tonkawa Shores" subdivision. This would result in a 4th user of that road, euid staff denied this access on the basis that Render's road had been allowed at a substandard width since it would only serve 3 users, and that Regan already had access onto North Shore Drive. Council suggested that Regan and Render devise a proposal for increasing the width of Render's road to accomodate a 4th user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to continue their occasional use of the old 16' easement. Staff met with Regan, Render and Regan's builder (Sawhorse Builders) on October 2, and it appears a reasonable solution is being proposed: 1. Render will widen the road to 20’. 2. Regan will pay the added cost to widen it from 16’ to 20'. 3. Regan will pay 1/4 of the ongoing cost to maintain the road. 4. If additional users (3400 and 3420 North Shore are the primary candidates) are permitted to access the road in the Oiture, Regan would Iv: proportionately reimbursed by them for his initial costs, and they would then share in the maintenance. This proposal requires the City to agree to a number of things: 1.That a 20’ road, rather than the 24' required by code, is acceptable (Staff recommendation: 20' is a good compromise, in that it provides added area for parking and passing for this very 3410 North Shore Drive - Access Issue October 9,1998 Page 2 short (250') section of private road, while remaining at a relatively narrow width that is less likely to draw unwanted traffic, and that is still relatively unobtrusive for the neighborhood.) 2.That a reorientation of the 'hammerhead' turnaround as proposed is acceptable (Staff recommendation : The T hammerhead as revised should provide similar access for emergency vehicles as the original proposal, as long as it meets curve radius standards.) 3.That it is reasonable for Regan to have his primary access to Tonkawa Road rather than North Shore Drive (Staff recommendation : Since North Shore Drive has significantly more traffic, changing Regan's primary access to Tonkawa should be a positive step from a safety standpoint. Staff would then recommend that Regan's North Shore Drive access be removed). 4.That a 20' private road as proposed with a hammerhead turnaround could reasonably serve as many as 6 potential primary users (Staff recommendation : We are pushing the limit for needing a cul-de-sac, but it is true that 4 of the 6 lots which ultimately would use the private road also abut a County road, hence firefighting equipment would likely set up in the County road. This unique configuration differentiates this proposal from many others we may be faced with.) This week the owner of 3400 North Shore stopped in to see if he could get a building permit for a detached garage accessing to Render ’s road. He was advised to attend Monday's meeting. Staff Recommendation The proposed paved width increase from 16' to 20', with the revised *P turnaround, is a reasonable compromise that in this specific case should provide adequate access for up to 6 homes while having minimal impact on the neighborhood. If approved. Render may wish to amend his subdivision covenants to incorporate or reference the proposed agreement. As an aside, note that as a result of the private road outlot creation, 3400/3410/3420 North Shore Drive have become 'through lots' which require a CUP for any detached accessory buildings. Staff recommends approval of the proposal subject to: 1. Paved width of private road shall be increased to 20'. 2. Render to provide a revised road plan detailing 20' width and revised'T' turnaround. 3. Regan shall eliminate the driveway access to North Shore Drive upon opening of the access to Render's private road. COUNCIL ACTION REQUESTED Motion to allow Dan Regan of 3410 North Shore Drive to create a driveway access to Render's private road in Outlot A, Tonkawa Shores per conditions 1-3 above. A ~'i ^ CITY OF ORONO 2750 K*Uey P»rkway, P.O. Box 66 Crystal Bay, A'IN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The City Council at its regular meeting on Monday, October 12,1998 in the Council Chambers at 2780 Kelley Parkway will consider the request by Dan Regan of 3410 North Shore Drive that he be allowed to construct a driveway accessing Tonkawa Road via the private road to be constructed in Outlot A, Tonkawa Shores. Tonkawa Shores is the 3-lot subdivision approved for James Render on the former Putnam property at 1365 Tonkawa Road. The addition of this driveway access potentially will require a change in the nature (width, length, layout) of the 16' private road that vvas approved for TonkaAva Shores. The City Council has directed that neighboring property owners be advised of this meeting and allowed to comment on the proposal. The meeting begins at 7:00 p.m. All persons wishing to be heard will appear at this time. Written comments are solicited. A sketch of the proposed driveway access is attached to this notice. City of Orono By: City Council Michael P. Gaf&on, Senior Planning Coordinator \V "Pi l' ______ ------------------ \ V-> (.«o8'in-z3-e . ' \.......\ 'm:- V* •• \ \8V'-' '!<^\ r N \ V maxivell V %■- »j \ »,A \ \ Vv^ 8 U2) I _ • ■ ' ’ * ""f— I* ^*^**‘^ I T -i-...'«. 19? n (55) I 0 \ , _ Ai5D SlIS y >0 2?3 N, V N *• ■33> /^ • • ' - • I 1 * •• *«• V 6125332663 SAIJHORSE DESIGNERS F-226 T-363 P-002 SIGNERS & BUILDERSSince 1977 0:T 07 *93 1’6:43 C Mn,23S2 Ociotcr^, 1998 r.i»m th« Readcn- filial road design makes it difficull for Regan (and or oiher neighbors who ahn die old S^em) ™ T^aw. wdUlou, uespassiog on Rmdem- road. Render agrees ro grmit die easement beneficiaries the right to use his road as they have in die past. .neon,idemlion for road (4 users, % of the cost). It is atrreed that any additional users permitted access to Renders road in ad^on to Reg^, rcimbi^c ReaaTfor a portion of hU costs incun^d in widening the road from 16’ to 20 . The reimbursemwns to be Siei by^tding the cost of widening the road plus interest of 10% per annum by the additional u^ers including Regan (I" additional user after Regan. V4 of the cost plus interest, ^ additional user 1/3 of the cost plus interest). Additional users shall also share equally in the costs of maintaining the road. Dan Regan Dat« Jim Render Date i 4740 42"^ Avenue Noiih Robbinsdale, MN 55422 612-533-0352 Fax 533-2668 www.sawhorseusa.com St. Paul 651-439-3343 239 East Lake Street Wayzata, MN 55391 612-47S-4477 Fax 475-4474 LAKE MINNETONKA NORTH ARM Woter «t«vaUon on 1/23/08 woo 928^2 ft, NGYO-1929 KkhMt known wotor oiovotlon of Loko Minnol^o hi 9^51 ft, NCVD-1929, occord^ to tho Mi Dopl of Noturd Rtooirco*. Bondvncrk Is o chlssM "X" ot NW eornsr of pumphooss ot Croy* Boy Own; sisvotlon is 932^7 ft. NCVD-1929 Sf^ferCH Of e REQUEST FOR COUNCIL ACTION Date: September 25, 1998 Item No.: / ^ Department Approval: Administrator Approval: Name: Michael P. Gaffron'T* <—J 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 Lbt 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 identiHed 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. • 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 drivewa} 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 1 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 this 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 upgrading it to a standard acceptable to the City for 4 (or more?) urits. 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. I 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. 2. 3. 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 grant the existing easement beneficiaries the right to use his road as they have in the past. Regan should be allowed to access Tonkawa via Render ’s road, subject to: fii Render ’s road being widened to accomodate this 4th user: and Regan's North Shore Drive access being discontinued. 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 be widened to 20'. Other Options? Assuming Regan has a right to access Tonkawa via the old 16' easement. Render should either accept Rega.i's trespass outside the old 16' easement, or re-design his road further south so Regan can use it without trespassing. Or, Render could move his road north, leaving enough room within the old 16' easement so that Regan and other users can create their own new driveway parallel to Render's. Optionally, the City could exc.cise its underlying road easement, making this a City road. None of these alternatives are likely to be acceptable to all parties. COUNCIL ACTION REQUESTED Give staff and the property owners direction as to whether the staff recommended solr.tion to this problem is acceptable to Council. ®b X^AbC infe to HoK tfte #A0U» TogtUur with ali iAs hsrtdiiamtnU nnd 370 unio btlcngiHg or ip» anywise appericlHlng, io lA# oaid parUoM of tho moond pari, thitr auigm^ iho fiir- vlnorof §aid purtUs, and th§ heirs and assigns of ihs survivor^ /or«tYr, ths said pnriies of the se^»*nd pePd taking as Joint tenants and not as tenants In common. •indthssaid liarvey. Kahx.and francaoi KdiLo riaiir, Iiic ui;d L'ruil 2*.rohoth.and Edna Kroboth^ hia. wi£c^ part ios of the find part, for thexIcalVQS , t hoiX heirs, r^irriitors and ait$ain:.drafnrs dn roitnant with the stdd parties/if the second part, theirassigns, ths survivor of s»nd f.Hivtie.<i, and the hvirn and assigns of the. survitvr, that ..they irsH seised in foe of the lands and pmuiM's afmrxaid and hnVt gontl right to s^fl and convey the sanu in manner and form aforesaid, and that the ^amc art free fnna at! inrtnahv ores. ject to taxes and special assessnents, if any, which ‘ir** v. rnay he hereafter levied r»r assessed aijainst r..«Mi prHni::i*s, •••. • • r.<.t vet '.vjo .iiict vayor.ic« •7iff/ thv at»nve bargaitf'd and granted lands and premises, in the iptirt and #•/ fhr saitt tHirties of the srratnl /tart, their assign^, the sarrivoe of said t*^trtir<, and tht h»ir< •titd tt^sign.s »$f /A.* •iuivivnr, against all, /ermns iatvfulf" rfaiming ov to eiaini the tvhtde ov a**u fnirf tlnrenf, •uhievt t Jnrmnhranrr.s, tf any, hriuunhrf$$$*•• uientinned, the raid /utrf icsaf the first ptvt tviU Uhtrratft am Ih'fend. * • »• and CfOlltIUinp (Hb^rCOf* The % tid jnirt j.. i; •»/ ti.r firrt /uitf ha vt> hetrant,» htU»d t| thr ifay amt ytutr first fitutVi* a*ritt*n. • • • ) V <Lt.< /) X \ } fetatc ot iHinnegota, t%*anty of *1 On this - •. Ih datj af* *• $:• •/##;.*#» .. ii * *•:. 1 2C , tvithin and fta* -lid #/*;, .##•/• #•*.# i .;ve% ..a.\i ana 4 ‘‘vc;: Kiri'; . .c *:• .* *• i.** • • * • . >' A* • » tj fj L li , k» A *• ta me knotvn to he the prrsan z deserihrd in, and irh t vxtratrd fh, forrj.nnj $ •••#»#•/#* and sicknu rtedged that 'ihr >* r,v$»^:$tr»i th ♦ ,#• t (%ts S ms) free net •n$d d»»*d fSt» •'M. • • I- . • .. . • _ • . * • it Xf-aru t*tddh\: V c ,1/// rfaaitii'^don expires I *•••#! ••• .!/#«» tU . bUi«k Ufic«ifnaikf4 **!»»€ \%Hf ” *re la wi« •>»«" «*“t ii U 4^ i* Ua WH I ^L>T\m -s, j'' A Vv i; v v,« ; i r''S\' ^ 7 ^.v •«. * t, I anr:i ’««* lAjrv |xrta%u m «i M f • 'fi» ** •• II \| I •Mi riled for record on the 3 d:.y of May •.•0* 1 9S:i at 9*30 o*cle.'> • 1 : . 1 -t p i-^^41 mJio ICIaiitMla VfllfMi C9mw9f§mimg M«ft« Util)Fom No* 5*M 29n9aav5 Sitbtnttirf, Mad0ihU.M%h.~....^^^...dayc/. . ...^PiU /P S5 ^ hehrttn . •.•J‘ry.^y Kahr ap'< Frcineta Marie ka*rx. Itio wx*Ie, Kr.iJ tr»j ilfina v. r*/t nth, >.ic wife. nf thtCmiHlifof . i;%n>ici.lr . and StnU of . M, part of tho firot part, and >%*d7ux*.:.u.*Lo .iL.e11uo.U7. .at)d..a«X.C.'.Axet i.’..*. kcui.cdy..* husbAud... ••• i o e 0 *» . .(.a* *••«•••*•. • . . * .*4 . **«*'*<M . •*.• * **^ •• •••• •• M • of t^o of l4cr.nei:-in nntl ^tnto of.liiniveso ta , parties of the neeond part. WtlUPirtfl, That the ottid part im sof the first part, in fftHoUUrntfon of the eum of One 1 ui 1 ar lue r' goo'.i dn$(,.:..valudble ...corv9ic.er.A.tions-3« r -- to t licn in hand paid hy the said parties of the seeond part, the receipt whereof is hereby aeknoirt- eilfeit, do hereby firant, Ibirguin, Sell, and Convey unto tl said ftariiee of the second part as Joint tenants and no* as tenants in eomnionf their asrifins, the survlrpr of eaUl- parties, and the heirs and assign* of the 'surriror. Forever, all the_^ tract... or.parcel ... of land tying and being in the County of ....oioAtiepin and State of Minsfeeoto, described as follows, to-wit: n*. 1 t:.ut }»Mft of Lctc Fo*:rtoen (14) aiui Fiftcor. (15), Lyuinrd'c Pari', i f- '* •in ii-.neaoti, (ioseribed »♦:» followo: lle^innincj at a p^irc f'V. t..« .-.•utiwcai lino of saiu Lot IS, 225 foot ilorthvcstcrJy oT the oI iMerroction of tbe Juuthwcst line of said Lot IS and the vase l:ro R ;*'t;r. un clio plat of said Lyiiiarcl's Park; thence Lortkeast at right ar.gjo:' v;itl« tie Jcuthwest line of sai** Lot IS, 125 feet; thence ‘Morth* !>drallcl witii t'uo Southwest line of said Lot IS, to the Jhore of L:-.» .‘linr.otoni'o; thence So'jthwestcrly along said shore to the Southwest said Lot 15; thence Southeast to the point of beglniting*.1 e m m Sui joct to ar.M incluiiing an eancr.ont, wiiich easenent is described as foM'i’ws: ft ntri;> of land 16 feet wide across Lots 13, 14, and IS, Ly«:iaiu's i'arh, Ilenneptn County, Minnesota, the centerline of wMch is done r ibocf a:t follows: Hegirning at a point on the Southwest line of -i u > id Lot IS, 22s feet Northwest of the point of intersection oj the .L'':!thv/est lire of Lot 15 and the base line shown on the plat of saio LytiMrti'n Turh; thence Northeast at right anMios i/ith* the Southwest lire e.v aait- Lot IS, to the Ilorthoaot line of said Lot 13 and there or•*•::•••:' t ing» I': IS easeue'nt shall be for roadway purposes, both of ingress and egress over^ :i>o sa;r.e an<: shall run with the land and be binding upon tho heirr, oxecuiors, adr.inistrators and assigns of the parties of the first part ;:ereto, and upon the rjurties of th,e second part, the. survivor thereof and' t’.ie lvc*irr and e.Hsigns of the survivor* • , ^ ..ccordinri to the nap or plat thereof on ftle and 01 record in the office o.' tho Register of Deeds, in and for Hennepim County, Minnesota* h STATE OF MINNESOTA. COOfflY OF HENNEPIM CsiiiBtd 10 bs s true and ccfTtct copy of the on me and d roccidinmy oinco o' s < I If -s ^ ii IfZ I si Z *«{«*' ^ I It ^1feUf » uj9 •»! IfI §8 <• PI II (CO. F^D NO. 135) TONKAWA .ROAD ,#•••••••••N 32*58* 00” W 283.65 80^ •••••• \ 2 I______________;_____'______ r“*~ . 1? 258.65 p’- T-*I J N^32*58^00 ”_W •s {. _ , \...*i ‘■-0\ 4 1«'s> ^5^ SS8I: 229.54 \l4f _ _-4 - - - JP--------^-----------■--! N 32*58 ’ 00” W 200.57 V/X Lkw drooim ./Sr ly Nm o MTIMfldll I Lot IS 1 A :i'------------ -------------------(--a-- ••#•*,89+-N 32*58’ 00" W 193.85 ......S 32*58 ’0( X \ CA ONKAWA ROAD) " 1*' - nan tjz ^'j ^■54 ♦ ‘ caujT ^21^ »i:\il - e>? :, • % It • .-.i* I^SSS **V»^ C:'^^rj* agg-c-12' tig — ■V K ^LA*. ^* ‘•'^V«'^ JV •' •>^L '•^OpQ^ CL O T- ■’ ------- - — -^2f'1-+“-----------2^ ,-.j-r:.zj;_3 53+-::-S 32‘’58'00"193.85 \0 V T Uv *« •' COUNCIL MLET i! OCT 2 G 1998 REQUEST FOR COUNCIL ACTION OITVO* 'NO DATE: October 21, 1998 ITEM NO: ^ 0 Department Approval: Name Ron Moorse Title Cit\' Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Lake Minnetonka Communications Commission - 1999 Budget Ann Thies, who is currently serving as the administrator of the Lake Minnetonka Communications Commission (LMCC), will make a brief presentation regarding the 1999 LMCC budget at the October 26 Council met'ing. There is one major funding change in the LMCC budget that substantially affects both revenues and expenditures. The LMCC has taken over responsibility for funding local access programming. This includes both the operating expenses related to the access studios and the repair and replacement of access equipment. Funding of local access programming was formerly funded by Triax, the cable company. The reason for the change was to provide an improved funding source for local access programming. The new funding source is a public, educational, governmental, access (PEG) fee that is added to each customer's cable TV' bill. This fee is expected to generate $52,200 in revenues in 1999. On the expenditure side, the expenses related to equipment repair and maintenance have increased from $1,700 to $20,700 to reflect funding by the LMCC vs. Triax. Also, expenditures for studio equipment have increased from $2,500 to $5,000, and expenses for access equipment have increased from $5,000 to $12,500. COU'NCIL ACTION REQUESTED: No action required. .... IMCC 1 Kr _ ; •. QCI 0 0 1998 LAKE MINNETONKA COMMUNICATIONS tXWlMKStON 540 SECOND STREET • RO. BOX 473 ■ EXCELSIOR, MN 55331-0473 612. 474-5539 ■ FAX 612. 474-0430 DEEPHAVEN EXCELSIOR GREENWOOD LONG LAKE MEDINA MINNETONKA BEACH MINNETRtSTA ORONO iT. PONIFACIUS SMOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND October 5, 1998 Mayor Gabriel Jabbour and City Council Members City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Jabbour and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget figures for 1999, at its full LMCC meeting on September 22, 1998. As in the past, we have scheduled a timed item on your city council agenda, which is set for October 26, 1998 at 8:00pm, to talk for a few minutes about the LMCC budget and current/fliture challenges. At that time, any questions you may have regarding the LMCC future plans or an explanation of any budget figures can be explained. As always, we look forward to appearing before you, to talk about the achievements of your Lake Minnetonka Communications Commission. Sincerely, Lake Minnetonka Communications CommissionLake^nnetc Thies Administrator Enclosure cc T. Pattrin, LMCC Chair Frederick Blanch, Commissioner Ron Morse, City of Orono Administrator, Access &, Office Staff Secretarial Service Payrt^ Taxes/PERA Travel Expenses Health Insurance L^l Fees Insurancc/Bonds LMCC Accounting/ Annual Review Cent, Sdiook & Conventions Offioe/Studio Supply Janitor Scrv/Supply Membership Dues/ C t iKr t ! on C LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET APPROVED BY LMCC 9-22-98 Proposed Budget for 1999 Budget for 1998 Change Chauge INCOME Franchise Fees $160,000.00 $155,702.69 + $4,297.31 3% Other Triax-North Studio 0.00 2,000.00 -(2000.00)0% Acces Support - PEG Fee 52,200.00 -52,200.00 Interest Contingent Fund (only if needed) 4,000.00 0 4,000.00 14,560.00 0.00 0% $2 K,200.00 $176,262.69 39,937.31 23% OPERATING;EXPENSES $85,600.00 855.00 10.640.00 2.400.00 4.000. 00 9.000. 00 5.900.00 2.100.00 7.400.00 4.000. 00 1.500.00 $85,600.00 825.00 10.640.00 2.295.00 6,372.69 9.000. 00 5.670.00 2.050.00 7.200.00 4.000. 00 1.500.00 + $0.00 30.00 + 0.00 105.00 (2,372.69) 0.00 230.00 50.00 200.00 0.00 0.00 0% 4% 0*/« 5% 0% 0% 4% 2% 3% 0% 0% DESCRIPTION => Payroll for Admin., Prod. Coord., Studio Coord., PT Prod. Asst.’s & Admin. Asst. => Payroll Services ^ PERA A employer w/holding contribution => LMCC visibility at all cities, MACTA. North Studio A errands =0 Amt. attributed to employee health ins. ^ Rate regVfianchise renewal/legal counsel => Workers Comp., Dishonesty Bond, Property Liability => Bookkeeping A annual audit => NATOA, MACTA, NFLCP Normal office/studio supplies, copy machine agree ment A janitor service and supplies NATOA, MACTA, magazines and 4 local Chiimlws of r‘nmm»*rr»* TeIq)honeA^oioe Mail Postage/PO Box Miscellaneous Advcrtising/Promo Four Quarterly Newsletters Office Equipment Office Rent Equipment Maint. ARi^ir Sales Tax OPERATING EXPENSES SUB-TOTAL PAGE 2 LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET - CONTINUED Proposed Budget Change % Budget for 1998 Change for 1999 OPERATING EXPENSES (continued) $ 2.330.00 2.000.00 1.000.00 6,675.00 0.00 11.500.00 20.700.00 1.000.00 $178,600.00 S 2,330.00 1.480.00 1,000.00 4.200.00 0.00 5,000.00 1,700.00 1.000.00 $151,862.69 + $0.00 + 520.00 0.00 2,475.00 0.00 6,500.00 19,000.00 Qi2Q $26,737.31 0% 35% 0% 5% 0% 130% 1118% 0% 18% DF.SCR1PTION Monthly diarges/answering service LMCC agendas/correspondence, & PO Box Rental => Varies Four quarterly newsletters to all interested cities, direct mail promos, Triax bill stuffers. Annual Gi. 21 Awards, web page, etc. Office Rent & Bank Box Now responsible for all equipment, (including former Triax equipment). . Based on 6.5% of taxable purchases * m *y > * If*- * ^4 V- A " i <■ Proposed Bndget for 1999 Budget for 1998 Change % Change SPECIAL FUNDS Capital Funds Franchise Renewal Fund TapeStodc Tedinical/Financial Rate Audit Studio Equipment Legal Fund Office Equipment Aooe» Equipment Aooess/Development Contingency Sales Tax SPECIAL FUNDS SUB-TOTAL OPERATING FUNDS SUB-TOTAL PAGES LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET - CONTINUED GRAND TOTAL 0.00 1,000.00 400.00 2.500.00 5.000. 00 500.00 3.500.00 12.500.00 11.000. 00 200.00 1.000.00 $37,600.00 $178,600.00 $216,200.00 0.00 1.500.00 300.00 2.500.00 2,500.00 100.00 1,000.00 5.000. 00 11.000. 00 0.00 500.00 $ 24,400.00 $151,862.69 $176,262.69 0.00 (-500.00) 0.00 0.00 2,500.00 400.00 +500.00 0.00 0.00 200.00 500.00 13,200.00 $26737.31 + $39,937.31 0% 0% 0% 0% 100% 400% 250% 150% 0% 200% 100% 54% 18% 23% DESCRIPTION => Expenses involved in foltow-up on renewal. => Replacement of videotape for production => Future audit if needed => Replace studio hardware, less portable equipment. ^ Future unforeseen legal expenses =» Replace/purchase new office equipment =» Cameras, porta-pack, misc. for more city council meetings, community programming. Coverage of city council mtgs., film development, DeWolf Audio, playbedc facilities, capital expenditures. => Based on 6.5% of taxable purchases V Bndgaif^pnb COUNCIL MLSriNO OCT 2 6 1998 REQUEST FOR COUNCIL ACTION cmroFoiROMO DATE: October 22, 1998 ITEM NO.: ^ / Department Approval: Name Oregon’ A. Gappa Title Director of Public Senices Administrator Reviewed:Agenda Section: Eng. Dept. Item Description: Award Contract for Lift Station 13 Rehabilitation Over the past several years, we have been working on rehabilitating our older sanitary sewer lift stations to convert them to submersible pump type stations. Lift Station 13 on Casco Cove Road is the last one of the older lift stations with the pumps and control panel below ground in the diN ’ well. This station was constructed in 1966 and serves about 3/4 of the Casco Point area. It is one of our larger and deeper lift stations with a depth of 25 feet. This station consists of a 25 foot deep dry well which contains the control panel, pumps, motors and a wet well which contains the suction piping. Access to the control panel requires climbing down into the 25 foot deep wet well. During power outages personnel must climb in and out of the wet well numerous times to operate emergency power generators. Entr>' of the dry well is always a safety concern and involves following all of the confined space entry procedures. This station will be converted to a submersible pump station with the control panel at ground level. Access into the station is not necessary as the pumps are hoisted out of the wet well for repair and maintenance. This design eliminates the safety concerns of climbing 25 feet down into the station. Plans and specifications have been completed and bids received for this project. The lowest responsible bidder was GHT Construction with a bid of $107,900 for alterate number 1. Bonestroo Engineers have worked on several recent projects with this company and found them to be quite satisfactory. They are recommending the bid be awarded to GHT Construction. The low bid is higher than was anticipated in the budgeting process. $90,000 was approved in the 1998 sanitary sewer budget for this project. This budget number was based on several previous lift station rehabilitation projects. During preparation of the budget. I did not check into all of the details of the project. This station has a 48" diameter dry well, while the previous stations had 72" diameter dry wells. At 25 feet deep, this station is also deeper than the previous stations that were rehabilitated. The major problem is that duple.x submersible pumps will not fit in a 48" diameter structure. This means that a new structure will need to be installed. The base bid was for e.xcavation to install a new structure. This option is very expensive because of the 25 foot depth. The bottom of the excavation is below the lake level resulting in large dewatering and e.xcavation costs. Also this is a restricted site with other utilities in the way. f i i Request for Council Action continued page 2 of 2 October 22, 1998 Award Contract for Lift Station 13 Rehabilitation Alternate 1 is for the contractor to abandon the existing dry well and to install a caisson for the new wet well. This does not require any excavation, as the caisson will be driven into the ground, then a bottom slab poured in place. This requires the use of a crane and pile driving equipment to pound the caisson into the ground. This alterate is cheaper than open cut excavation, but still more expensive than reusing the existing structure as was envisioned in the budgeting process. This is an important oroject to complete. Although the project is over budget, we are recommending an award of the contract. The sewer fund is in good financial shape and adequate funds are available to complete this project. COUNCIL ACTION REQUESTED: Motion to award contract for Lift Station 13 rehabilitation to GHT Construction in the amount of $107,900, to be funded from the Sewer Fund, and to amend the 1998 Sewer Fund budget to reflect the increased expenditure amount.1 ^ I Bonestroo Rosene Anderlik & \\\\ Associates Engineers & Architects Tuesday, October 06, 199S Bc'iitroo. Poienc Ande*' k ^nd Associ\^[es. inc is tin Affirm,itrve Action Bqu^i Oczortuntty Employer Prp^is Ot:o G Bonestroo P£ • Joseph C AncerUk. PE • Marvin L Sorvaia. P£ • !7.c-.*rd E Turner. PE • Gie-'h R Cook. P£ • Robert G Schunicht. PE • Jerry A Bourdon. PE • Robert W Rosene. PE arte Susan M Eberiin. C PA . Senior Consultants Aiszopte Prirc ‘0^!S Howa'd A Sanford. P£ • Ke»ih A Gordon. PE • Robert R P/e'.'erle. PE • R.c^ard W Foster. PE • Ca/id O Loskota. PE • Robert C Russek. A i A • Mark A Hanson. PE • V c'’ael T Rautmann. PE • Ted K Field. P£ • Kenneth P Anderson. P£ • Mark R Rolfs PE • S'C"ey P Wiiiianison. PE . L S • Robert F Kotsmith • Agnes M Ring • Michael P Rau ?E • A.; »r^ Rick Senn* d! PE C** :es St Paul. Rocheste* aMimar and St Cioud. MN • Milwaukee. wi U eojire ww/. bo.nestrcc com City of Orono 2750 Kelly Parkway Lone Lake. .\IN 55356 W Re: Lift Station No. 13 Renovation BR.\FileNo. 139-9S-S00 f " : • . I • •* . • .t « OCi (j 6 I995 Ci 1^ U'l" Vy. Honorable Mayor and Cit\‘ Council: Bids were opened for the project stated above on Tuesday, October 6, 199S. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. Copies will also be distributed to each bidder. The following summarizes the results of the five bids received. Contractor Base Bid Approved Alternate 1 Low G H T Construction SI 38,000.00 5107,900.00 #2 Great Western Corp.S164.225.00 5142,475.00 Barbarossa & Sons, Inc.5197,425.00 5127,125.00 #4 Penn Contracting 5197,820.00 S159,520.00 . he low bidder on the project is G H T Construction with a Base Bid of 5138,000.00 and an Approved Alternate No 1 of 5107,900.00. These bids have been reviewed and found to be in order. We have worked on a number of recent projects with G H T Construction and find them to be quite satisfactory. Therefore, we recommend that the project be awarded to C HT Construction for the Total Approved Alternate IS'o. 1 Bid amount of SI07,900.00. Should you have any questions, please feel free to call. My direct number is (651) 604-4842. Respectfully, BONTSTROO, ROSENT. ANDERLIK & ASSOCI.ATES, INC. Mark D. Wallis. P.E. MDW::enc 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ■ Fax: 612-636-1311 r ^ I Bonestroo Rosene Anderlik £■ ^ I Associates Eng4nc€fi 4 Archiiecti Pfojcc! Name* Lift Stniton 13 Roh«nbililation Project No.:_______________________ I hereby certify Ihnt this is nn ex act Did Opening: 10/6/98 10:00 AM file No.: Owner. 00139-98-800 City of Ofono jopioductign oLbids r/ceeicri.// /JAjAiJh' Mark D. Walks. P.E. Registration No. 19145 Bid No. 1 G H T Construction Inc Bid No. 2 Bid No. 3 Great Western Corporation Barbarossa & Sons Inc Bid No. 4 Item Niim Hem Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total Base Bid 1 Temporary controls, pumps, and piping for interim conveyance LS 1.00 $5,500.00 $5,500.00 $6,500.00 $6.500 00 $15.000 00 $15.000 00 $6.000 00 $6 000.00 2 Lift station demolition LS 1.00 $6,800.00 $6,800.00 $6.87500 $6.87500 $12.000 00 $12.000 00 $20.000 00 $20.000 00 3 Now pumps, piping, valves, wot well. lop hatch, and stab LS 1.00 $104,000.00 $104,000.00 $127,750.00 $127,750.00 $118,000.00 $118,000.00 $150,000.00 $150,000.00 4 Now control panel, base slab, and miscellaneous electrical LS 1.00 $20,000.00 $20,000.00 $20,875.00 $20,87500 $50,000.00 $50.000 00 $20,000.00 $20,000.00 5 Seeding w/4 inch topsoil SY 30.00 $4.00 $120 00 $7.50 $22500 $10.00 $300.00 $500 $150.00 6 Sod w/4 inch topsoil SY 1000 $8.00 $80.00 $1000 $100 00 $20 00 $200 00 $6 00 $60 00 7 8 inch Class 5 aggregate base TN 17.00 $40.00 $680.00 $50.00 $850.00 $2500 $42500 $30.00 $510.00 8 3 Inch thick bituminous driveway TN 8.00 $90.00 $720.00 $100 00 $800 00 $150 00 $1,200 00 $100 00 >?no00 C Adjust manhole castir>g EA 1.00 $100.00 $100 00 $250.00 $250.00 $300 00 $300.00 $300.00 $300.00 Total Base Bid $138,000.00 $164,225.00 $197,42S.OO $197,820.00 Approved Alternate No. 1 10 Temporary controls, pumps, and piping for interim conveyance LS 1.00 $5.500 00 $5.500 00 $6,500.00 $6.50000 $5.000 00 $5,000 00 $6.000 00 $6.000 00 11 Lift station demotilion or new vatvc vault LS 1 00 $6,800 00 $6.800 00 $6,875 $6.87500 $2.000 00 $2,000 00 $15.000 00 $15.000 00 12 Now pumps, piping, valves, vret well. lop hatch, arvl slat)IS 1 00 $74.000 00 $74,000 00 S100 iOOO 00 $88,000 00 $88,000 00 $117.000 00 $117.000 00 13 Now control panel, base slab, and mIscelUineoiis olectrirat t S 1 00 $70,000 00 $70,000 00 $;>o.n/r.o«)$70,075 on $30,000 00 $30,000 00 $20,000 00 $20,000 00 14 Seeding w/4 if>cli topsoil SY 30 00 $4 00 $12:> 00 $/ so $725 00 $1000 $300 00 $1 00 $150 00 15 Sod w/4 Inch topsoil SY 10.00 $8.00 $60 00 $10.00 $100.00 $20 00 $700 00 $L -$60 00 16 8 irKh Class 5 aggregate base TN 17.00 $40.00 $680.00 $50.00 $850 00 $2500 $42500 $30 00 $510 00 17 3 inch thick bituminous driveway TN 0.00 $90.00 $720.00 $100.00 $800 00 $150 00 $1,200.00 $100 00 $800 00 Total Approved Alternate No. 1 $107.900 00 $142.47500 $127.175 00 $159,520.00 Contractor Name and Address:G H T Construction tnc Great Western Corporation ll.'itb.'irossa & Sons Inc Penn Contracting 2750 102nd St SE 8101 Scandia Id 11000 03rd Avu N 13025 Central Ave NE Slo Delano. MN 55328 I'orest Lake. MN 55025 Osseo. MN 55369 200 ntaine. MN 55434 Phone:(612) 955-3826 (651)464-6358 (612)425-4146 (612) 767-2141 Fax (612) 955-2083 (651)464-8459 (612)425-0797 (612) >67-2545 Signed Dy:G. H Theisen Walter 0. Doorsma f*aul riykt Dean Liixenhurg Title:President President Vice President President Did Security:Bid Bond Did Bond Did Bond Did Bond Addenda Acknowledged One One One One 130.0aft00bl DM COUNCIL MiiETiN■3 OCT 2 6 1998 REQUEST FOR COUNCIL ACTION C^TyOFGRO^^O DATE; October 26. 1998 ITEM NO.; Department Approval; Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed;i Agenda Section; Engineer ’s Report Item Description; No Parking Resolution South Brown Road at Crystal Bay Post Office There are safety concerns regarding vehicles parking and stopping along South Brown Road in front of the Crystal Bay Post Office. Hennepin County has jurisdiction over this road and has agreed to install "No Parking or Stopping" signs in front of the post office. Installation and enforcement of these signs requires approval of the attached resolution by the City Council. COUNCIL ACTION REQUESTED; Approve No Parking Resolution for South Brown Road, County Road 146, at Crystal Bay Post Office A RESOLUTION RELATING TO PARKING RESTRICTIONS ON BROWN ROAD SOUTH (COUNTY ROAD 146) THIS RESOLUTION, passed this 26th day of October, 1998, by the City of Orono in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITOESSETH: WHEREAS, Hennepin County has jurisdiction over County Road 146, also known as Brovvn Road South. WHEREAS, the "City", and Hennepin County have concern regarding traffic and pedestrian safety caused by customers for the Crystal Bay Post Office parking and stopping adjacent to the road in front of the Post Office. WHEREAS, there is safe and adequate parking available for Post Office customers in a designated parking lot directly adjacent to the Post Office. NOW, THEREFORE, IT IS THEREBY RESOLVED, that the "City", requests that Hennepin County install and maintain "No Parking or Stopping" signs on the east side of County Road 146, Browm Road South, in front of the Crystal Bay Post Office. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 26, 1998. Gabriel Jabbour, Mayor ATTEST; Linda S. Vee, City Clerk ■ 0'JUNUILM“£TiN I OCT 2 6 1998 REQUEST FOR COUNCIL ACTION err/ o- DATE: October 22. 1998 ITEM NO.:;?3 Department Approval: Name Gregor>- A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Sanitary Sewer Billing for Commercial and Industrial Accounts To provide a simpler and more accurate sanitary sewer billing system for non-residential accounts in Navarre, staff is recommending that the billing method for sanitary sewer be changed to be similar to the method used for non-residential accounts in the Highway 12 area. We are proposing changing the billing for non-residential accounts from a billing method based on " units" to a method based on the amount of metered water actually used. Existing Sanitary Sewer Billing System Commercial, Industrial, and Other Non-residential Accounts The existing policy for sewer billing of non-residcntial accounts is also defined in Council Resolution 1525, from 1983. This resolution lists various flow categories for metered water flow and equates them to sewer billing units. According to the resolution, the number of sewer billing units is to be adjusted every two years. The last adjustment was completed in 1996. These sewer unit reviews usually result in several adjustments to the number of units charged to properties. When water use is increasing the City is behind in collecting revenue, and when the use is declining the City is ahead in revenue collection. Major users, such as car washes, have historically been increasing in flow; so the City is usually behind in sewer billing for these properties. Because of the variable flows from commercial and industrial properties based on the use and occupancy of the buildings, difficulties in maintaining an accurate count of billing units, and the fact that some customers are currently being billed on a metered flow basis; we are recommending changing to a metered flow basis for non-residential sewer users. The proposed billing policy changes will affect approximately 30 commercial users in the Navarre water system that are on both city water and sewer. There is one office building in the Navarre syst"*m with City sewer and a private well. This property owner would have the option to install an approved water meter if he wished to convert to metered sewer billing. For the Highway 12 water system, most of the users have been billed for sewer based on metered water usage since 1983. There is only one industrial property, on both City sewer and water, which is currently being billed based on sewer billing units. Outside the Navarre and Highway 12 water system service area the City has a very limited number of commercial or non-residential users. There are no non-residential users in the Chevy Chase area Ulfil. Sanitary Sewer Billing October 22, 1998 Page 2 water system that would be affected by any changes. The only non-residential customers that are on City sewer and private wells are the Marinas, Minnetonka Art Center. Old Hill School. Crystal Bay Post Office, and Camp Teko. These properties would have the option of installing an approved water meter or continue being bi.Ied by units. Because there are so few commercial properties on sewer without City water, even if they all installed water meters, reading these few additional water meters would not be a problem. Existing Sanitary Sewer Billing System Residential Accounts The existing system for billing of all sanitary sewer customers dates from 1983 with the passage of Council Resolution 1525, a copy of which is attached. The City has about 1,000 customers on both City sewer and water and about 2,000 customers on City sewer with private wells. Sewer billing is based on a "billing unit" system with the sew'er billing unit based on 100,000 gallons of sewage per year. This basically equates to the Metropc lan Council Environmental Services SAC unit. Each single fiimily residential property is billed for one sewer unit. This method was selected due to the large number of sewer users who, because they don't have Citv water, also do not have water meters or water meter readings to base sewer billing on. To maintain equity, all residential sewer customers, whether or not they are on City water, are billed for sanitary sewer based on one sewer unit. This method works well for residential customers, and we are not recommending any changes to this system. There have been occasional questions from residents on City sewer regarding conversion to sewer billing by metered flow. Conversion to metered flow billing would be very difficult to accomplish. The first problem is the number of water meters that would have to be purchased and installed by the residents at their own cost. The other big problem is that there is no personnel available to read all of the required additional water meters. We are also recommending against allowing individual residential users to purchase water meters and convert to metered flow. This may result in only the low volume users purchasing water meters to reduce their sewer bills, while the higher volume users do not have any incentive to change to a metered flow system. For residential users, only one system should be used either a flat fee or a metered billing charge. COUNCIL ACTION REQUESTED: Discuss/Approve attached resolution modify ing sanitary sewer billing method for non-residential properties A RESOLUTION ESTABLISHING PROCEDURES FOR SANITARY SEWER BILLING WHEREAS, pursuant to Municipal Code Section 3.02, Subd. 1, the City Council establishes and regulates rates and charges for the collection and treatment of sanitary sewage from properties connected to the City's sanitary sewer system; and WHEREAS, it is the intention of the City Council to apportion the cost of operating and maintaining the City sewage collection system in as fair and equitable a manner as possible based upon a reasonable determination of each property ’s actual use of the system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono, as follows: 1.Sewer and water "assessment units" are calculated for purposes of determining potential or ultimate service requirements and hence system design capacity and/or apportionment of system construction or availability costs. Henceforth, and unless otherwise directed, determination of "assessment units" shall be based upon the standard Sewer Availability Charge (SAC) formula of the Metropolitan Council Environmental Services. 2. 3. Each sewer "billing unit" shall constitute 100,000 gallons of sewage flew per year. Flows less than 100,000 gallons per year shall be billed a minimum rate of one "billing unit". Flows in excess of 100,000 gallons per year shall have the number of "billing units" rounded up to the next even whole number of "billing units". "Billing units" shall not be charged except in whole numbers. Residential "billing units" shall be determined according to the Metropolitan Council Environmental Services SAC formula, as follows: a. Each separate residential dwelling unit shall constitute one (1) "billing unit". b. Each duplex dwelling shall constitute two (2) "billing units". Page 1 of2 c.Each multiple residential dwelling with three (3) or more dwelling units in one building all connected at one service location shall have the total number of "billing units" detenruned by multiplying 0.8 times tlie number of dwelling units and rounding up to the next whole number. 4.Commercial, industrial and other non-residential sanitary sewer billing shall be determined as follows: a.For commercial, industrial, mixed residential and commercial, and other non- residential properties connected to City water, sanitary sewer billing shall be based on the amount of metered water flow. Metered water flow shall be determined by adding actual gallonage used. No allowance will be given for outside water use unless such use is metered separately. b.For properties not connected to City water, the owner may purchase and install an approved water meter on the private well to have the sewer use determined as in (a) above. c.For properties not connected to City water, without an appre /ed water meter, the City shall estimate the number of "billing units" based upon the standard Sewer Availability Charge (SAC) formula of the Metropolitan Council Environmental Ser\’ices. Each SAC unit shall correspond to one "billing unit". It is the intent of the Council that the number of "billing units" be adjusted any time there is a change in the occupancy or use of a property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26th day of October, 1998. AITEST: Linda S. Vee. City Clerk Gabriel Jabbour. Mavor Page 2 of2 I ,NCil REQUEST FOR COUNCIL ACTION OCT 2 ^ CnYO'^OROSi'J DATE: October 20, 1998 ITEM NO: Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: City AdminisO^tor ’s Report Item Description: Appointment of Additional Election Judges for the General Election November 3, 1998 Attachment:Resolution Background At the meeting of September 28,1998, Council adopted Resolution #4170 appointing election judges for the November 3 General Election. Since September 28, two appointed judges have indicated the)' would be unable to serve as election judges, and staff has now received confirmation from six additional persons who indicate a willingness to ser\ e as election judges for the November 3 General Election. With these additional judges, each precinct will have enough judges to handle the voting public, although there are no alternate judges. Recommendation It is staffs recommendation that Council adopt the attached resolution listing the names of additional qualified persons who have indicated their willingness to serve as election judges at the General Election to be held on November 3, 1998. COUNCIL ACTION REQUESTED Motion to adopt Resolution No.appointing additional election judges for the General Election to be held on Tuesday, November 3,1998. Vote: Ayes_, nays 1 A RESOLUTION APPOINTING ADDITIONAL 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 on Tuesday, November 3,1998. Ron Grundeen Gale Landberg Jeanne Mabusth Cherry Stubbs Marge Wett Richard Wett Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held October 26, 1998. I',t Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 1 of 1 COUNCIL OCT 2 6 1998 REQUEST FOR COUNCIL ACTION ClTY'Ci'O'^ONO DATE: October 20,1998 ITEM NO : ^5" Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Establish Date and Time for Canvassing Board Meeting The City Council must select a date and time to convene as the Canvassing Board to certify the results of the municipal election being held in conjunction with the General Election on November 3, 1998. This meeting must be held within two days of the election according to State Statute. In the past, the Canvassing Board has met the day after the election, completed its work, and adjourned within 15 to 20 minutes. Council has a work session scheduled for the day after the election, Wednesday, November 4 at 7:30 a.m. An option would be to schedule the Canvassing Board at 9:00 a.m. or 9:30 a.m. following the work session. COUNCIL ACTION REQUESTED: Motion by Council to select a date and time for the 1998 Canvassing Board meeting, REQUEST FOR COUNCIL ACTION OCT 2 6 1998 mOirC-RCKO DATE: October 20, 1998 ITEM NO Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Certification of Delinquent Utilities and General Service Fees Attachments: (A) Resolution providing for the collection of delinquent sewer, water, recycling program fees, septic inspection fees, and general service fees. (3) Assessment roll. Each year the city certifies to the county, all unpaid annual service charges for the septic inspection program, the unpaid recycling program fees, all delinquent sewer and water accounts of $50.00 or more, and the delinquent general services for false alarm fees and developers improvement fees, to be collected with the following year's ta.xes. In addition to the outstanding amounts delinquent, eight percent (8%) interest is added to all accounts and an administrative fee is added to the septic accounts. At this time the total to be assessed is $84,547.40, including administrative fees. This amount will be decreased by any payments received up to the final payment date of November 25, 1998. A copy of the assessment roll is attached for your review. COUNCIL ACTION REQUESTED: Adoption of resolution providing for the collection of delinquent charges for the 1998 sewer and water utility services, the septic inspection program, the recycling program, and for the false alarms and developers improvement fees. PROPOSED MOTION: - Moved by,____, seconded by,____, to adopt Resolution Number_____, providing for the collection of delinquent 1998 charges for sewer and water utility services, fees for the annual septic inspection and recycling programs, and general ser\ ice fees for false alarms and developers improvement fees. Ayes____, Nays___. TOM^mvORD CERT?IVB A RESOLUTION FOR THE COLLECTION OF DELINQUENT 1998 SEWER AND WATER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ANNUAL SERVICE CHARGES FOR THE ON-SITE SEWAGE TREATMENT (SEPTIC) INSPECTION PROGRAM, AND GENERAL SERVICE FEES Whereas, the City Council of the City of Orono, Minnesota has enacted certain ordinances under Minnesota Statutes, therefore pursuant to Chapter 3, Chapter 12. Chapter 9, and Chapter 10, Orono City Code pertaining to payment and collection of sewer and water charges and annual service charges for recycling and the On-site Sewage Treatment (septic) inspection program, and false alarm fees, and developers improvement fees, and; and; Whereas, the charges identified in the attached list of properties are delinquent in nature. Whereas, the City has obtained from the Hennepin County Auditor, le\ty number 14465 for the delinquent accounts, and; Whereas, the City hereby authorizes and directs the Hennepin County Auditor to extend upon the property tax lists of the County and further collect said assessments thereon, as provided by law, and; Whereas, the City hereby authorizes and directs the Hennepin County Auditor to add eight percent (8%) interest, as directed, to all amounts due. Therefore, Be It Resolved, that the City Council of the City of Orono, Minnesota hereby authorizes and directs the County Auditor of Hennepin County to assess properties identified in the attached list, made a part hereof, for the amounts of delinquent utilities/fees appearing along with such properties, plus eight percent (8%) interest added as directed. Said amounts to be collected along with property taxes collected in 1999. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on October 26,1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor R£S04>IUyDEIJNQL'E RES Page 1 of 1 1998/PAYABLE 1999 SEPTIC as of 10/23/98 Levy Property Addition Certified Number Identification #Number Amount Address 14465 23 -117 - 23 - 22 - 0018 42660 60.00 120 BIG ISLAND 14465 23 -117 - 23 - 23 - 0031 42660 60.00 140 BIG ISLAND 14465 23 -117 - 23 -'23 - 0020 42660 60.00 160 BIG ISLAND 14465 23 -117 - 23 - 23 - 0033 42660 60.00 2.10 BIG ISLAND 14465 23 -117 - 23 - 32 - 0027 42660 60.00 .100 BIG ISLAND 14465 23 -117 - 23 - 32 - 0070 42660 60.00 4.S0 BIG ISLAND 14465 23 -117 - 23 - 32 - 0002 42660 60.00 460 BIG ISLAND 14465 03 -117 - 23 - 31 - 0002 41303 83.20 46.S BROW74 RD S 14465 22 -117 - 23 - 31 - 0029 42960 60.00 510 BIG ISLAND 14465 22 -117 - 23 - 31 - 0033 05046 60.00 610 BIG ISLAND 14465 22 -117 - 23 - 31 - 0032 05046 60.00 620 BIG ISLAND 14465 23 -117 - 23 - 22 - 0009 42660 60.00 7.50 BIG ISLAND 14465 10 -117 - 23 - 24 - 0002 41310 8 12.60 1045 BROVVN RD S 14465 04 -117 - 23 - 11 - 0003 01647 83.20 2420 COUNTRYSIDE DR 14465 04 -117 - 23 - 11 - 0011 02550 82.60 2565 COUNTRYSIDE DR 14465 04 -117 - 23 - 12 - 0014 05343 72.60 2650 COUN'mYSIDE DR W 14465 04 -117 - 23 - 12 - 0017 05343 82.60 2755 COUNTRYSIDE DR W 14465 06 -117 - 23 - 14 - 0023 04585 82.60 4105 BAYSIDE RD 14465 31 -118 - 23 - 42 - 0001 41331 82.60 4245 CHIPPEWA LA 14465 31 -118 - 23 - 42 - 0009 42030 80.20 4.125 CHIPPEWA LA 14465 31 -118 - 23 - 42 - 0003 41331 62.60 4.155 CHIPPEWA LA 14465 31 -118 - 23 - 34 - 0012 02554 82.60 4440 BAYSIDE RD 14465 06 -117 - 23 - 21 - 0003 41306 82.60 4485 BAYSIDE RD 14465 30 -118 - 23 - 33 - 0005 04183 82.60 4680 CREEKWOOD TR 14465 31 -118 - 23 - 33 - 0007 41331 82.60 4740 BAYSIDE RD 14465 31 -118 - 23 - 22 - 0008 00721 83.20 6.10 DEBORAH DR 14465 34 -118 - 23 - 22 - 0006 01693 82.60 725 DICKEY LAKE DR 14465 26 -118 - 23 - 33 - 0021 42390 82.60 888 DAKOTA AVE 14465 26 -118 - 23 - 33 - 0024 42390 82.60 9.10 DAKOTA AVE 14465 03 -117 - 23 - 43 - 0002 41303 10.00 1915 FOX ST 14465 04 -117 - 23 - 42 - 0010 43151 82.60 2620 FOX ST 14465 04 -117 - 23 - 43 - 0002 41500 8 !3.20 2765 FOX ST 14465 04 -117 - 23 - 24 - 0014 05343 82.60 2860 DEER RUN TR 14465 25 -118 - 23 - 44 - 0015 03735 155.20 200HOLLANDERRD 14465 31 -118 - 23 - 11 - 0010 03194 83.20 760 MUN'r FARM RD 14465 30-118 - 23 - 44 - 0005 03194 82.60 8.10 HUNT FARM RD 14465 10 -117 - 23 - 13 - 0004 42265 82.60 IL50 HERITAGE LANE 14465 05 -117 - 23 - 12 - 0017 41440 82.60 .1415 HIGH LA 14465 26 -118 - 23 - 33 - 0001 41326 82.60 1486 LONG LAKE BLVD 14465 26 -118 - 23 - 33 - 0005 41360 83.20 1520 LONG LAKE BLVD 14465 26 -118 - 23 - 33 - 0026 42390 82.60 1590 LONG LAKE BLVD 14465 27 -118 - 23 - 43 - 0005 42470 82.60 1810 LAKEVIEW TER 14465 27 -118 - 23 - 42 - 0010 42470 82.60 1840 LAKEVIEW TER 14465 27 -118 - 23 - 42 - 0015 42470 83.20 1865 LAKEVIEW TER 14465 36 -118 - 23 - 33 - 0009 42710 8 13.20 lOMYR H.EWOOD RD 14465 02 -117 - 23 - 21 - 0009 42840 83.20 190 ORONO ORCHARD Rt 14465 33 -118 - 23 - 31 - 0007 41333 82.60 225 OLD CRYSTAL BAY N 14465 04-117 - 23 - 24 - 0002 41520 82.60 225 OLD CRYSTAL BAY RI 14465 33 - 118 - 23 - 31 - 0011 14465 02 - 117 - 23 - 24 - 0003 14465 33 - 118 - 23 - 31 - 0005 14465 06 - 117 - 23 - 23 - 0004 14465 32 - 118 - 23 - 23 - 0010 14465 25 - 118 - 23 - 34 - 0004 14465 07 - 117 - 23 - 22 - 0005 14465 35 - 118 - 23 - 41 - 0020 14465 09 - 117 - 23 - 21 - 0002 14465 09 - 117 - 23 - 21 - 0006 14465 35 - 118 - 23 - 42 - 0001 14465 02 - 117 - 23 - 21 - 0019 14465 33 - 118 - 23 - 42 - 0005 14465 32 - 118 - 23 - 21 - 0005 14465 25 - 118 - 23 - 33 - 0004 14465 26 - 118 - 23 - 44 - 0003 14465 26 - 118 - 23 - 31 - 0004 14465 15 - 117 - 23 - 21 - 0006 14465 27 - 118 - 23 - 31 - 0023 14465 04 - 117 - 23 - 11 - 0013 14465 29 - 118 - 23 - 44 - 0001 14465 29 - 118 - 23 - 41 - 0005 14465 29 - 118 - 23 - 44 - 0002 14465 32 - 118 - 23 - 22 - 0003 14465 31 - 118 - 23 - 12 - 0011 14465 31 - 118 - 23 - 12 - 0018 14465 04 - 117 - 23 - 21 - 0007 14465 02 - 117 - 23 - 13 - 0006 14465 27 - 118 - 23 - 43 - 0015 14465 27 - 118 - 23 - 43 - 0022 14465 03 - 117 - 23 - 34 - 0009 14465 34 - 118 - 23 - 33 - 0058 14465 33 - 118 - 23 - 41 - 0008 14465 04 - 117 - 23 - 12 - 0008 14465 33 - 118 - 23 - 34 - 0004 14465 04 - 117 - 23 - 21 - 0001 14465 32 - 118 - 23 - 44 - 0009 14465 32 - 118 - 23 - 43 - 0003 14465 32 - 118 - 23 - 32 - 0001 14465 31 - 118 - 23 - 41 - 0005 14465 31 - 118 - 23 - 24 - 0001 14465 30 - 118 - 23 - 31 - 0003 14465 31 - 118 - 23 - 21 - 0003 14465 31 - 118 - 23 - 31 - 0007 14465 31 - 118 - 23 - 21 - 0003 14465 07 - 117 - 23 - 22 - 0016 Total Septic 02362 41640 41333 41306 42820 03152 41307 04865 41309 41309 41335 42840 03842 41332 41325 41326 41326 42273 03154 05435 41329 41329 41329 42820 43210 41331 02499 03053 00390 00390 43570 00435 42435 05343 41333 41520 41332 41332 41332 41331 41331 41330 41331 04293 41331 03487 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.60 60.00 82.60 82.60 82.60 82.60 82.60 82.60 82.60 82.61 83.20 82.60 82.60 82.60 82.60 83.20 72.40 82.60 82.60 82.60 82.60 82.60 82.60 70.50 82.60 82.60 82.60 82.60 155.20 82.60 155.20 82.60 7,590.31 26.'? OLD CRYST/VL BAY RI 280 ORONO ORCHARD RL 28.5 OLD CRYSTAL BAY RI .L10 NORTH SHORE DR W 480 ORCHARD PARK RD .591 NORllI STREA.M RD 840 NORllI SHORE DR W 845 OLD LONG LAKE RD 885 OLD CRYSTAL BAY S 905 OLD CRYS IV\I. BAY S 1005 OLD LONG LAKE RD 145SMrni AVE ."180 SILVER MEADOW DR 605 STUBBS BAY RD N 725 SIXTH AVE N 900 SPRING HILL RD 1.100 SlXni AVEN 2080 SHORELINE DR 2140 SIX HI AVEN 24.10 THOROUGHBRED LA .1225 SIXTH AVE N .1260 Sl.Xni AVEN .1265 SIXnI AVEN .1825 SIX ni AVE N 4.160 SLX n I AVE N 4.180 SIXTH AVEN 80 WEAR LA .115 WOODHILL RD 1889 WEST I-ARM RD 1990 WEST FARM RD 2160 WEBBER HILLS RD 2.150 WAIURTOWN RD 2565 WOODHAVEN DR 2645 WATERTOWN RD 2900 WATERTOWN RD 2985 WATERTOWN RD .1405 WATERTOWN RD .1580 WA H-RTOWN RD .1940 WATERTOWN RD 4085 WATERTOWN RD 4480 WATERTOWN RD 4555 WAYZATA BLVD 4560 WAITRTOWN RD 4575 WOLVERTON PL 4580 WAIERTOWN RD 4701 WES r BRANCH RD 1998/PAYABLE 1999 WATER/SEWER Levy Property Addition Certified Number Identification# Number Amount as of 10/21/98 Address 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 17 20 17 36 07 21 07 06 20 17 17 18 17 17 17 17 17 17 20 20 20 20 20 20 20 20 20 20 20 20 20 20 17 17 17 17 20 17 18 20 20 20 20 20 20 17 17 117 117 117 118 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 34 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 22 31 41 44 41 22 41 41 22 22 22 14 23 44 34 44 34 44 12 12 12 24 32 32 31 31 43 34 43 43 43 43 41 41 44 43 31 22 14 21 21 21 24 24 42 41 41 0031 0052 0009 0015 0018 0011 0014 0099 0005 0028 0025 0013 0017 0041 0023 0108 0024 0033 0022 0014 0021 0021 0016 0015 0061 0038 0035 0017 0022 0053 0054 0043 0019 0023 0022 0140 0009 0029 0005 0002 0020 0024 0013 0017 0033 0003 0004 42060 43300 42420 41370 43120 43530 43120 42620 42420 42060 42060 42220 42225 43540 01777 43540 42720 43540 42720 42720 42720 42020 42020 43300 43167 43088 43640 43300 43300 43300 43300 43640 43540 43540 43540 42740 42020 42060 42220 43102 42420 42420 42020 42020 43480 43040 43040 205.34 508.29 613.20 223.24 181.28 538.57 220.59 350.74 170.66 470.73 657.19 289.77 555.58 163.40 747.06 2,139.69 266.61 560.25 179.31 570.93 242.96 173.09 305.33 699.23 220.91 274.1 827.85 219.54 579.60 580.02 470.73 474.31 509.13 489.20 513.42 410.96 374.43 470.73 524.01 349.24 643.13 685.71 660.32 387.35 649.82 526.34 483.79 1690 CONCORDIA ST 290.5 CASCO PT RD CRYSTAL BAY RD 4.5 I-LRNDALEi GREEN 129.5 ELMWOOD AVE 2.570 I.YDIARD AVE 1245 NORTH ARM DR 550 PARK LA .'1915 SHORELINE DR 17.50 CONCORDIA ST 1800 CONCORDIA ST 19.L5 CONCORDIA ST 1940 CONCORDIA ST 2250 BAYVIEW PL 2255 BLAINE AVE 2260 BAYVIEW PL 2265 BLAINE AVE 2.105 BAYVIEW PL 2428 CASCO IT RD 2447 CARMAN ST 2454 CASCO PT RD 2710 CASCO PT RD 2800 CASCO PT RD 2805 CASCO PT RD 2980 CASCO PT RD 2990 CASCO PT RD 3040 CASCO PT RD 3061 CASCO PT RD 3205 CASCO CIR .3271 CASCO Cl R 3273 CASCO CIR 3277 CASCO CIR 3329 CRYS TAL BAY RD 3349 CRYS I'AL BAY RD 3405 CRYS TAL BAY RD 3505 CRYSTAL PL 3753 CASCO AVE 1755 EAGERNESS PT RD 1981 EAGERNESS PT RD 2460 DUN WOOD Y AVE 2520 DUNWOODY AVE 2580 DUNWOODY AVE 2700 ETHEL AVE 2755 E'HIEL AVE 3532 IVY PL 2150 KENWOOD WAY 2160 KENWOOD WAY 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 17 17 21 20 20 17 17 17 17 17 17 17 17 17 17 17 17 17 17 21 21 17 17 08 17 17 17 17 17 17 17 17 17 17 20 21 21 17 17 17 17 17 17 17 20 33 33 05 10 10 10 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 118 118 117 117 117 117 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 - 22:- 44 - 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 41 41 22 11 11 44 43 43 43 43 43 43 43 43 43 43 43 34 44 22 21 44 44 34 21 21 31 43 43 43 43 43 43 44 11 24 24 43 31 31 31 31 31 31 22 13 13 14 24 31 31 0004 0028 0011 0004 0004 0090 0020 0064 0076 0074 0087 0069 0090 0044 0056 0104 0049 0026 0067 0008 0004 0058 0059 0050 0001 0024 0041 0134 0132 0144 0129 0124 0004 0079 0031 0003 0065 0098 0033 0030 0032 0037 0017 0040 0002 0002 0011 0031 0022 0075 0072 43040 43540 43530 41390 41390 00369 42740 42740 42740 42740 42740 42740 42740 42740 42740 42740 42740 01777 43600 43220 43220 43540 43600 42200 41317 43180 43620 43620 43620 01122 43620 43620 42740 43600 01244 42940 43085 42740 42420 42420 42420 42420 43111 42420 42420 41333 43515 41900 42540 42540 42540 496.52 211.81 684.84 674.41 686.19 255.64 151.59 376.19 657.82 570.75 598.38 464.11 493.85 647.07 488.14 596.34 564.21 654.05 776.46 283.96 895.61 459.18 442.41 1,120.26 595.43 290.18 653.54 251.56 188.85 335.43 474.13 492.67 294.58 244.19 606.97 797.46 630.46 1,754.69 451.67 521.63 637.94 300.31 479.54 278.80 521.74 2,268.66 1,610.91 374.12 374.12 374.12 374.12 2162 KENWOOD WAY 2180 KENWOOD WAY 2570LM)IARDAVE 2.S95 LTOIARD CIR 2597 LYDIARD CIR .^285 LAFAYEl^nZ RIDGE C .^4.^8 LIVINGSTON AVE .^44.^ LIVINGSTON AVE .^444 LYRIC AVE .^472 LYRIC AVE .^473 LYRIC AVE .3477LIMNGSTON 3499 LYRIC AVE 3525 LIVINGSTON AVE .3.^.36 LYRIC AVE .3.‘?5I LYRIC AVE 3577 LIVINGSTON AVE 3600 LIVINGSTON AVE 23 14 OLIVE AVE 2530 OLD BEACH RD 2665 MAPLERIDGE LA 3220 NAVARRE LA 3320 NAVARRE LA 3655 NORITI SHORE DR 3805 NOimi SHORE DR 1780 SHADYWOOD RD 2100SHADYWOOD RD 2199 SHADYWOOD RD 2213 SHADYWOOD RD 2229 SHADYWOOD RD 2237 SHADYWOOD RD 2264 SHADYWOOD DR 2293 SHADYWOOD RD 2341 SHADYWOOD RD 2465 SH/\DYWOOD RD 2705 SHADYWOOD RD 2740 SHADYWOOD RD 3412 SHORELINE DR 3637 TOGO RD 3660 TOGO RD 3670 TOGO RD 3685 TOGO RD 3725 TOGO RD 3765 TOGO RD .39.35 SHORELINE DR 2685 WAYZATA BLVD 2785 WAYZATA BLVD 325 CRES rVIEW AVE 1212 ARBOR ST 1212 BRIAR ST 1245 ARBOR ST 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 14465 10 10 10 10 10 10 08 05 05 08 08 02 07 07 05 05 33 07 07 07 07 07 04 04 05 04 07 02 07 07 07 07 07 07 07 08 08 08 10 08 08 08 08 08 07 07 07 07 07 07 07 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 118 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 117 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 23 - 31 - 31 - 31 - 31 - 31 - 31 - 44 - 14 - 21 - 33 - 33 - 43 - 41 - 41 - 13 - 13 - 44 - 44 - 44 - 44 - 44 - 44 - 22 - 22 - 14 - 23 - 14 - 31 - 14 - 14 - 23 - 14 - 41 - 41 - 41 - 33 - 33 - 33 - 31 - 41 - 41 •n - 41 - 34 - 44 - 34 - 31 - 31 - 32 - 32 - 31 - 0022 - 0028 - 0035 - 0048 - 0050 - 0036 - 0008 - 0035 - 0005 - 0089 - 0002 - 0026 - 0016 - 0030 - 0040 - 0039 - 0016 - 0027 - 0020 - 0026 - 0021 - 0025 - 0006 - 0026 - 0003 - 0010 - 0070 - 0011 - 0020 - 0018 - 0002 - 0062 - 0014 - 0090 - 0054 - 0065 - 0075 - 0066 - 0004 - 0002 - 0007 - 0009 - 0012 - 0008 - 0062 - 0003 - 0001 - 0004 - 0030 - 0054 - 0016 42140 42140 42140 42520 42520 42140 42005 41900 41440 42180 42180 42760 43120 43120 41900 41900 42210 42300 42300 42300 42300 42300 43109 03093 41440 41520 05727 42560 42440 42440 41307 41307 41320 41320 43120 42280 42280 42280 41310 41308 41308 41308 41308 41600 42300 41940 41940 41940 43080 43500 43080 374.12 366.30 181.94 312.65 374.12 374.11 374.12 339.76 189.76 166.30 293.97 374.12 466.30 374.12 268.10 374.12 374.12 374.13 374.12 374.12 374.12 374.12 374.12 386.15 281.94 374.12 281.94 374.12 374.13 374.12 374.12 281.94 281.94 308.48 374.12 466.30 374.12 307.26 374.13 374.11 324.12 374.12 1,212.55 374.12 374.12 374.12 386.15 689.10 374.12 374.12 94.88 1251 BROWN RDS 1290 ARBOR ST 1295 ARBOR ST 1375 BROWN RD S 1395 BROWN RD S 2160CRYSTA1.AVE 3260 BOHNS PT LA 3382 BAYSIDE RD 3780 BAYSIDE RD .3825 CHERRY AVE .3826 CHERRY AVE 1165 FERNDALE RD W 1205 ELMWOOD AVE 1305 ELMWOOD AVE 3415 EAS'lTAKE ST 3435 EASITAKE ST 51 HACKBERRYHILL 4166 HIGHWOOD RD 4167 HIGHWOOD RD 4174 HIGHWOOD RD 4175 HIGHWOOD RD 4182 HIGHWOOD RD 140 LEAF ST 200 LEAF ST 345 LEAI' ST 400 LEAl- ST 990 LOMA LINDA AVE 570 ORONO ORCHARD RE 1015 NORITI ARM DR 1055 NORTH ARM DR 1060 NORITI SHORE DR W 1160 NORTH ARM DR 1245 NOR'm ARM DR 1355 NORTH ARM DR 1368 NORTH ARM DR 15.35 MINNIE AVE 1540 NORTH ARM DR 1545 MINNIE AVE 2080 NOR'ni SHORE DR .3210 NOim I SHORE DR 3260 NORTH SHORE DR .3268 NORTH SHORE DR .3324 NOimi SHORE DR .36.35 NORTH SHORE DR 4056 NOR'm SHORE DR 4425 NORITI SHORE DR 4445 NORTH SHORE DR 4485.7 NORTH SHORE DR 1310 REST PT LA 1345 RES'r P r LA 1347 REST PTCIR 14465 10 - 117 - 23 - 31 - 0007 14465 10 - 117 - 23 - 31 - 0006 14465 07 - 117 - 23 - 33 - 0004 14465 10 - 117 - 23 - 31 - 0016 14465 10 - 117 - 23 - 31 - 0058 14465 05 - 117 - 23 - 33 - 0017 14465 05 - 117 - 23 - 33 - 0011 14465 05 - 117 - 23 - 23 - 0021 14465 05 - 117 - 23 - 23 - 0024 14465 05 - 117 - 23 - 23 - 0014 14465 05 - 117 - 23 - 23 - 0029 14465 07 - 117 - 23 - 31 - 0038 14465 04 - 117 - 23 - 22 - 0003 TOTAL WATER&SEWER 41310 374.12 1360 R.MLROAD AVE 41310 374.12 1380 RAILROAD AVE 43360 374.11 1398 REST PT RD 41310 199.13 2150 PROSPECT AVE 42520 370.47 2195 PROSPECT AVE 03167 433.49 640 TONKAWA RD 42880 281.94 684TONKAV/A RD 42320 374.13 309 WESTLAKE ST 42320 322.70 341 WESTLAKE ST 42320 374.12 348 WESTLAKE ST 42320 281.94 365 WESTLAKE ST 43500 374.13 1261 WILDHURSTTR 41520 232.08 $74,683.75 3195 WATERTOWN RD GENERAL SERVICE FEES Property Certified Identification #Amount Address 25-118-23-43-0013 FALSE ALARM FEES 300.00 260 HOLLANDER ROAD 27-118-23-44-0016 FALSE ALARM FEES 75.00 1801 WEST FARM RD 10-117-23-23-0003 FALSE ALARM FEES 150.00 2280 FRENCH CREEK CIRCLE 36-118-23-31-0017 FALSE ALARM FEES 300.00 375 WAKEFIELD ROAD 35-118-23-34-0004 FALSE ALARM FEES 50.00 1220 LYMAN AVENUE 21-117-23-24-0053 FALSE ALARM FEES 50.00 2675 SHADYWOOD RD 08-117-23-41-0012 FALSE ALARM FEES 50.00 3324 NORTH SHORE DRIVE 10-117-23-22-0012 FALSE ALARM FEES 150.00 2250 FRENCH LAKE ROAD 17-117-23-33-0006 FALSE ALARM FEES 50.00 3850 SHORELINE DRIVE 17-117-23-11-0007 FALSE AL.ARM FEES 150.00 1645 BOHNS PT RD 11-117-23-23-0010 FALSE ALAR.M FEES 50.00 1487 SHORELINE DR 35-118-23-34-0015 ENGINEER FEES 898.34 $2,273.34 cuUJwlL ^/i£Tlt^:a OCT 2 6 1998 REQUEST FOR COUNCIL ACTION OiWCPOfiOKO DATE: October 23, 1998 ITEM NO: Department Approval: Name Ron Moorse Title Citv Administrator Administrator Reviewed: V Agenda Section: Cit>' Administrator's Report Item Description: Joint Orono/Long Lake Brush and Leaf Disposal Site Attached is a memo from the Ororio Oaks Homeowners Association expressing a number of concerns regarding the Long Lake Public Works activities site that is currently being jointly used as a leaf and brush disposal site by the cities of Orono and Long Lake. The Fleming Addition site has been used as a general Publie Works > ard by Long Lake for a number of years. This has included a leaf compost site located in the rear portion of the property. In 1997, the cities of Orono and Long Lake operated a joint site for the disposal of storm-damaged trees at this location. In 1998, the cities again operated a joint brash disposal site for stomi-damaged trees. Because of the huge volume of storm-damaged trees, this site was overw helmed and a new site w as opened on property ow ned by the City of Orono at Old Ciy stal Bay Road and Highway 12. Each fall, both Long Lake and Orono provide a drop-off site for leaves. Also, the Orono City Council has directed that a brush drop-off site be provided as well. In past years. Orono has provided a dumpster for leaves at the Orono Public Works facility. This has required a part-time employee to supervise the site each w eekend in October. In planning for the fall of 1998 leaf and brush disposal activities, stall'determined that a higher level of serv ice could be provided at a low er cost if Orono and Long Lake coordinated the leaf and brush disposal activities at the Fleming Addition site. The dumpster was provided for the leaves brought by Orono residents. The leaf and brush disposal site will be closed at the end of October. The brush w ill be ground up and hauled away as soon as possible after the site is closed. Because the leaf and brush disposal sites are seasonal activities, the fence and gate installed at the site are temporary in character. Screening The bcmi constructed along the north side of Orono Oaks Road pi o\ ides a substantial visual barrier to the activities occurring on the site. The Orono Oaks Homeowners Association has suggested additional screening be provided to the portion of the site that faces Orono Orchard Road. A wooden fence could provide screening at a reasonable cost. The cost for a:, alternating board-on-board fence, six feet in height, is approximately $15.00 per linear foot. Request for Council Action continued Page 2 October 23, 1998 Joint Orono/Long Lake Brush and Leaf Disposal Site Temporary vs. Permanent Solution Based on the City of Long Lake’s plans for the Fleming Addition property, this site will not serve as a Public Works site in the long term. Orono and Long Lake staff have discussed the need to find a new long term site for brush disposal and composting. Staff is currently pursuing options for providing an alternate brush disposal and leaf compost site. Fire Training Exercise As the memo from the Orono Oaks Homeowners Association indicates, the Long Lake Fire Department did use the Fleming Addition site as a car fire training exercise. Joe Lynch, the Long Lake City Administrator, has called to apologize for the site being used in that manner. He indicated the exercise was not authorized by the City and will not be allowed to be repeated. Response to Homeowners The Orono Oaks Homeowners Association has asked the City Council for a written response to their concerns. Staff recommends discussion between the cities prior to either city providing a wTitten response. This discussion can occur at the staff level w ith direction from the City Councils or could involve discussion at the City Council level. COUNCIL ACTION REQUESTED: Motion to direct staff as to the preparation of a response to the concerns of the Orono Oaks Homeowners Association. TO: LONG LAKE CITY COUNCIL ORONO CITY COUNCIL FROM: ORONO OAKS HOMEOWNERS ASSOCIATION DATE: OCTOBER 21,1998 RE: FLEMING ADDITION “DUMP SITE The history of this site shows the “use” of it is changing and the “uses” are becoming more and more of a problem for us here in the nearby area. Up until the last few years, the only use was to keep a few piles of various types of rock for Long Lake to use as they needed. Then, a couple of years ago. Long Lake used the site as the “central ” station for their summer road repaving projects. This created a great increase of heavy truck traffic all summer and caused a great deal of noise early in the morning (starting at 7:00AM each day). Calls to Long Lake City Hall did nothing to help the situation. Then, last year, John Dalbec, through many calls to the City and the State, forced Long Lake to build a berm on the south side of the dump to screen the area from his view because of all the traffic, dust, and noise. This was a great help to all the neighbors to the south, but has done nothing to screen off the site from the Orono Orchard Road side. Now, due to the recent “Car Burning” exerpience, our concerns are as follows: 1) Even though the storms are long over, the site remains a dump for not only tree limbs, but other trash as well. 2) A 50 yard bright orange plastic fence has been installed. It is ineffective and unsightlly. 3) A rolling gate (term used loosely) has been Installed. The quality is that of some part-time welder in training. It Is an "eye-sore”. 4) A piece of unpainted scrap plywood Is used for a sign. The black letters are unprofessionally hand painted. 5) A “Blackowiak ” steel dumpster, the size of a boxcar is put in full view of the road versus behind the fence on the road to the building. The letters “Blackowiak ” are 3 feet high with their phone number. Again, terribly unsightly. I 6) “Blackowlak” trucks are dumping their black bags of leaves on the property. The sign clearly says “No Commercial Use”. 7) Monday, October 19,1998, the fire department brought two cars to the property In full view of Orono Orchard Road and parked the cars. At approximately 9:00pm that night, they lit a fire to both cars and practiced putting them out No notice was given to the neighborhood. No approvai was received from either council. No fire permit was applied. Fortunately the cars were removed by Joe Lynch when he was notified of the abuse. As of todays date 10/21/98 smoke was detected in the back areas. The fire department said either children lit a fire or perhaps the Blackowiak employees had negligently tossed a cigarette in the composte pile. It was thought that the fire had been burning since Tuesday, October 20th, through the night. Our neighborhood Is concerned that If dump site continues to be unattended and policed 24-hours a day that the result would be a fire and safety hazard to Orono Oaks Assocatlon. In our opinion, the area should not have been used in the first place for any dumping ♦emporary or permanent. We did not complain due to the storm emergency situation, but now It is not temporary, the use has escalated to continued dumping, commercial use has been extended and now It has been used for indlscriminating burning by the fire department. We ask each of you to simply drive down to the dump and see if that is what you voted for in a joint Orono/Long Lake dump site. Are you proud of what you created? We believe the resultant site was not your intention and should cease being used for any dumping purposes. The unsightly fence, gate and sign should be immediately taken down and the ground restored. In the event the council makes the right decision to close the dump the city must make proper signage and policing necessary to assure the property is discontinued for dumping as residents have becomed accustomed to using the site. In conclusion, we are deeply concerned about the safety of our families, the appearance of our neighborhood and the values of our properties. We await your written response to our concerns. IJb'ROm OAKS HOMEOWNERS ASSOCIATION COUNCIL MEJTiNC. OCT 2 6 1998 REQUEST FOR COUNCIL ACTION Date: October 12,1998 Item No: <2 V Department Approval:Administrator Reviewed Agenda Section Name: Title: Gary Cheswiclc,^i^^> _ Chief of Police Item Description: Hiring of Part-Time Community Service Officer Exhibits:None DISCUSSION The position for a part-time "on-call" Community Service Officer has becom.e available with CSO Patrick Foley's resignation on his acceptance as a full-time CSO position with Robbinsdale PD. Matthew Hagen has experience as an Orono Reserve Officer and has shown interest in the part-time CSO position. Because of his interest and volunteer work, I am recommending he be hired as a part-time "on-call" Community Service Officer. COUNCIL ACTION REQUESTED Request Matthew Hagen be hired as a part-time Community Service Officer w ith an hourly rate of $8.28 per hour, with no benefits or PERA membership based on the $5100.00 maximum earnings stipulation, effective October 19, 1998. i COUNCIL MEETING OCT 2 6 1998 REQUEST FOR COUNCIL ACTION CI7YOTORON.O DATE; October 20, 1998 ITEM NO: 3 O Department Approval: Name Lin Vee Title Citv Clerk Administrator Reviewed:rr Agenda Section: Licenses Item Description: List of Licenses for Council Approval • ONE DAY GAMBLING (RESOLUTION) 1.Orono Hockey Boosters, Inc. Sunday, January 17,1999 COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. A RESOLUTION APPROVING THE APPLICATION OF ORONO HOCKEY BOOSTERS, INC. FOR A ONE DAY OFF-SITE GAMBLING PERMIT WHEREAS, the Orono Hockey Boosters, Inc. are licensed to conduct lawful gambling activities, and WHEREAS, the Orono Hockey Boosters, Inc. proposed to conduct a one day off-site gambling activit; (raffle) as part of its annual pancake breakfast at the Orono High School on January 17, 1999, and WHEREAS, the Orono Hockey Boosters, Inc. is required to obtain approval of the off-site gambling activity from the city in which the activity will occur. NOW, THEREFORE BE IT RESOLVED, the Orono City Council does hereby approve the application of the Orono Hockey Boosters, Inc. to conduct a one day off-site gambling activity (raffle) at the Orono High School on January 17,1999. Adopted at a regular meeting of the Orono City Council this 26th day of October, 1998. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Page 1 of 1 1 j •ii J 23 Oct 1998 Fri 10:20 AM Check Number Check Number 57416 Check Register City o£ Orono Date Name 57416 A.T.O.M. 22-Oct-98 A.T.O.M Totals Check Number 57416 A.T.O.M. Check Number 57417 AJCRICAN MEDICAL SECURITY 57417 05-Feb-98 AMERICAN MEDICAL SECURir/ Totals Check Number 57417 AMERICAN MEDICAL SECURITY Check Number 57418 ASPLUNDH COFFEE 57418 22-Oct-98 ASPLUNDH COFFEE Totals Check Number 57418 ASPLUNDH COFFEE Check Nun^er 57419 AT & T WIRELESS SERVICES/A2 57419 23-Oct-98 AT & T WIRELESS SERVICES/A2 Totals Check Number 57419 AT a T WIRELESS SERVICES/A2 Check Number 57420 BCA/TRAINING k DEVELOPMENT 57420 23-Oct-98 BCA/TRAINING 6 DEVELOPMENT Totals Check Number 57420 BCA/TRAINING & DEVELOPME.NT Check Number 57421 BUDGET PRINTING 57421 22-Oct-98 BUDGET PRINTING Totals Check Number 57421 BUDGET PRINTING Check Number 57424 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 chun::s LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-99 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNK.S LAKESHORE AUTO 57424 22-Oct-99 CHUNKS LAKESHORE AUTO Transaction Amount 195.00 195.00 742.81 742.81 143.00 143.00 86.46 86.46 350.00 350.00 76.52 76.52 1.12 241.94 62.50 193.51 48.58 232.38 32.21 201.47 238.52 466.73 646.93 25.00 50.53 66.36 31 Comments OCT 2 6 1998 cir/OFCRO!^ WESTFALL SERIES-AJIDERSON FiaRUA-RY DENTAL COFFEE - PW CELLULAR PHONE SERVICE DAP.E - SCHOENrtOFF V2H INSLTIANCE FORMS CT OIL nno C:L CHG, brakes, S176 INSTALL CABLE/MIKE #182 OIL CHNG, AES SENSOR #178 CIL CHNG. BULB #190 OIL CHNG, BRAKES #177 CIL CHNG CIL CHNG. TIE ROD, ALIGN HEADLIGHTS #180 BRAKES #175 AITER-NATCR, BATTERY WEATHER STRP REAR WIITOW CIL, REATTACH MIRROR #167 AC SE.RVICE #176 23 Oct 1998 Check Register Page Fri 10:20 AM City of Orono Check Transaction Number Date Name Amount Comments Check Number 57424 CHUNKS LAKESHORE AUTO 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 941.74 REPLACE ABS MODULE il81 57424 22-Oct-98 CHIDJKS LAKESHORE Auro 273.23 OIL.BRAKES #170 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 1.067.79 OIL. TU?.^, COMPUTOR #176 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 76.73 OIL CHG.RADTR, TR REPt(179 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 58.82 OIL CKtiZ. HD LIGHT #180 57424 22-Oct-98 CHU!;KS LAKESHORE AUTO 56.03 CAP & ROTOR-FORFIET VAN 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 94.75 MNT TIRES. CHK ABS #177 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 171.43 OIL CHNG. TR-NS, MNT TIRES 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 32.21 OIL CHNG #177 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 386.77 OIL, TUNE, FUEL FILT #182 57424 22-Oct-98 CHUNKS LAKESHORE AUTO 243.26 OIL, BRAKES #178 57424 22-Oct-90 CHUNKS LAKESHORE AUTO 50.14 OIL CHNG. ROTATE TRS #176 Totals Check Number 57424 CHUNKS LAKESHORE AUTO 5,950.68 Check Number 57425 CITY OF MEDINA S7425 23-Oct-9B CITY 01' MEDINA 444.00 OR-LL-MB SWR LINE EASr<NT Total® Check dumber 57425 CITY OF MEDINA Check NuTjDer 57426 COLONIAL LIFE INSURANCE CO. 57426 22-Oct-90 COLONIAL LIFE INSURANCE CO Totals Check Number 57426 COLONIAL LIFE INSURA:;CE CO Check Number 57427 CONSTRUCTION MARKET DATA GRP 57427 57427 23-Oct-98 22-Oct-98 Totals Check Number 57427 construction MARI<2T DATA GRP Check Number 57428 CULLIGAN 57420 19-Feb-98 CULLIGAN Totals Check Number 57428 CULLIGAN Check Number 57429 DEPT OF PUBLIC SAFETY 57429 22-Oct-90 DEFT OF PUBLIC SAFETY Totals Check Number 57429 DEPT OF PUBLIC SAFETY Check Number 57430 DOYLE INC. 57430 22-Oct-98 DOYLE INC. Totals Check Number 57430 DOYLE INC. Check Number 57431 EARL F. ANDERSON k ASSOC. 444.00 864.86 864.86 33.60 33.60 510.00 510.00 13.78 13.78 OCTOBER INSURANCE DATA GRP 179.80 LS 13 RENOVATION DATA GRP 56.55 AD FOR GENERATORS DATA GRP 236.35 FEBRUARY SERVICE ST COMPUTOR HOOK UP PIN. LOWER SHEAVE 23 Oct 1998 Fri 10:20 AM Check Register City of Crcr.o Che:k Number Date Name Check Number 57431 57431 57431 EARL F. ANDERSON k ASSOC. 22- Oct-98 EARL P. ANDERSON & ASSOC. 23- Oct-99 EARL F. ANDERSON k ASSOC, Totals Check Number 57431 EARL F. ANDERSON k ASSOC Check Number 57432 ELERT & ASSOCIATES 57432 S7432 22-Oct-99 22-Oct-98 ELERT & ASSOCIATES ELERT & ASSOCIATES Totals Check Number 57432 ELERT k ASSOCIATES Check Number 57433 ENGINEERING REPRO SYSTEMS 57433 22-Oct-98 ENGINEERING REPRO SYSTE.MS Totals Check Number 57433 ENGINEERING REPRO SYSTEMS Check Number 57434 ESS BROTHERS k SONS 57434 23-Oct 98 ESS BROTHERS k SONS Totals Check Number 57434 ESS BROTHERS k sons Check Number 57435 FAST SIGNS 57435 23-Oct-98 FAST SIGNS Totals Check Number 57435 FAST SIGNS Check Number 57436 FIRSTAR TRUST CO.. 57436 22-Oct-9C FIRSTAR TRUST CO.. Totals Check Number 57436 FIRSTAR TRUST CO.. Check Number 57438 GALL'S INC. 57438 23-Oct-98 GALL'S INC Transaction Amount 149.32 598.29 748.11 3.611.73 2.779.05 6.390.78 13.13 13.13 764.67 764.67 186.38 186.38 375.00 375.00 60.98 Page 3 Comments STOP SIGN SHEETING PICNIC TA3LES - ANTOINE PKC.NE SYSTEM C0NG**LT PHONE SYSTEM CONSULT HIGHWAY PLATS yj^mCLZ LIFT RINGS NO PET-BEACH SIGNS FISCAL AGENT FEE 98 BOND Check Number 57437 57437 G k 22-Oct-98 K SERVICES G & K SERVICES 5.93 UNI FOP V - STF.ErFENHAGEN 57437 22-Oct-98 G k K SERVICES 86.44 MATS - ?W 57437 22-Oct-98 G k K SERVICES 42.01 MATS - COUNCIL CHAMBERS 57437 22-Oct-98 G k K SERVICES 42.01 MATS - ADM 57437 22-Oct-98 G k K SERVICES 90.19 UNI.c‘C.=MS 57437 22-Oct-98 G k K SERVICES 19.23 UNIFC.RM - RATH2UN 57437 22-Oct-98 G k K SERVICES 55.11 .MATS - PD 57437 22-Oct-98 G k K SERVICES 5.93 UNIFCP-M - STEF.-ENHAGEN 57437 22-r.»ct-98 G k K SERVICES 113.03 LTaFCR:^^ 57437 22-Oct-98 G k K SERVICES 22.15 UNIFC.RMS - RATH3UN Totals Check Number 57437 G k K SERVICES 482.03 STROBE TUBE 23 Oct 1999 Fri 10:20 AM Check Register City of Orono Check Transaction ■1 Page 4 Number Date Name Amount Comments Check Number 57430 GALL,*S INC. Totals Check Number 57438 GALL'S INC.80.98 Check Number 57439 GAFPA, GREG 57439 23-Oct-98 GAPPA. GREG 41.54 MILEAGE REIM Totals Check Number 57439 GAPPA. GREC 41.54 Check Number 57442 GENUINE PARTS CO. 57442 22-Oct-90 GENUINE PARTS CO.49.50 BOOT, VAy-AZR 57442 22-Oct-98 GENUINE PARTS CO.19.16 BALL JOINT 57442 22-Oct-98 GENUINE PARTS CO.34.07 WRENCH 57442 22-Oct-90 GENUINE PARTS CO.6.02 BOLT,SPACER.ADAPTER 57442 22-Oct-98 GENUINE PARTS CO.7.44 SPRAT 57442 22-Oct-90 GENUINE PARTS CO.57.44 WIPER BLADE, RAIN X 57442 22-Oct-90 GENUINE PAOTc;CO.9.95 OIL FILTER 57442 22-Oct-98 GENUIN*E P CO.7.86 BLADE 57442 22-Oct-90 GENUINE PARTS CO.77.21 HOSE 57442 22-Oct-90 GENUINE PARTS CO.87.76 HOSE END 57442 22-Oct-98 GENUINE PARTS CO.17.25 AIR FILTER 57442 22-Oct-98 GENUINT PARTS CO.27.29 BULB 57442 22-Oct-98 GENUINT PARTS CO.19.33 FUEL FILTER 57442 22-Oct-98 GENUINT PARTS CO.5.75 SUPPLIES 57442 22-OCC-98 GENUINE PARTS CO.12.23 BIT, SCREW DRIVER 57442 -;2-Oct-98 GENUIN*E PARTS CO.13.32 SWITCH 57442 22-Oct-98 GENUINE PARTS CO.3.73 BULB 57442 22-Oct-98 GENUINE PARTS CO.-10.98 RETURl’-FITTING 57442 22-Oct-98 GENUINE PARTS CO.4.57 SCREWDRIVER 57442 22-Oct-98 GENUINE PARTS CO.10.98 FITTING 57442 22-Oct-98 GENTJINE FARTS CO.30.89 MISC SUPPLIES 57442 22-Oct-98 GENUINE FARTS CO.1.57 CLAMP 57442 22-Oct-98 genuine; PARTS CO.42.59 DROP LIGHT 57442 22-Oct-90 GENUINT PARTS CO.53.62 FUEL PUMP 57442 22-Oct-98 GE/iUINE PARTS CO.4.62 GASKET,BARKE LINE Totals Check Number 57442 GENUIN-E PARTS CO.593.17 Check Number 57443 GOLF CAR MIDWEST 57443 23-Oct-98 GOLF CAR MIDWEST 1,400.00 OCTOBER LEASE PYMT 57443 23-Oct-98 GOLF CAR MIDWEST 193.90 REPAIRS-GOLF CART Totals Check Number 57443 GOLF CAR MIDWEST 1,593.90 Check Number 5/444 GOLF CAR. INC. 37444 23-Oct-90 GOLF CAR. INC •308.85 ADD'L CARTS-TOURNAMENT Totals Check Number 57444 GOLF CAR. INC •308.85 • Check Number 57445 HAMEL BUILDING CENTER 23 Oct 1998 ?ri 10:20 A.M Check Register City of Orono Check Date Name Check N;Tl:er 57445 57445 HAMEL BUILDING CENTER 22-Oct-98 HAMEL BUILDING CENTER Totals Check Number 57445 HAMEL BUILDING CEJn’ER Check Number 57446 HJiiSEMAN, CAROLE 57446 22-Oct-93 HASEMAN. CAROLE Totals Check Number 57446 HASEMA:;, CAROLE Check Number 57447 HAWKINS WATER TREATMENT GROUP 57447 22-Oct-98 HAWKINS WATER TREATMEJIT GI .‘UP Totals Check Number 57447 HAWKINS WATER TREATMENT GROUP Check Number 57448 HEALTHPARTNERS 57448 57448 57449 22-Oct-98 22-Oct-98 22-Cct-98 HEALTHPARTNERS HEALTHPARTNERS HEALTHPARTNERS Totals Check Number 57448 HEALTHPARTNERS Check Number 57449 HENT;EPIN CO-OP SEED EXCHANGE 57449 22-Oct-98 HENNEPIN CO-OP SEED EXCHANGE Totals Check Number 57449 HENNEPIN CO-OP SEED EXCHANGE Check Number 57450 HINSHAW & CULBERTSON 5745C 57450 57450 5745'' 57450 23-Oct-98 23-Oct-98 23 Oct-98 23-Oct-98 23-Oct-98 HINSHAW 4 CULBERTSON HINSHAW 4 CULi^ERTSON HINSHAW 4 CULBERTSON HINSHAW 4 CULBERTSON HINSHAW 4 CULBERTSON Totals Check Number 57450 HINSHAW 4 CULBERTSON Check Number 577-,1 hydro supply CO. 57451 22-Oct-98 HYDRO SUPPLY CO. Totals Check Number 57451 HYDRO SUPPLY CO Gieck Number 57452 JAN KELLAR KENTCEN 57452 23-Oct-98 J.\N KELLAR KENTJEN Totals Check Number 57452 JAN KELLAR KENNEN Check Number 57453 KD 4 COMPA'^f Transaction Amount 142.29 142.29 20.48 20.48 3. 30.00 328.50 163.77 7,036.53 7,528.80 77.69 77.69 4,146.06 /,866.44 32.00 56.00 60.00 12,182.50 803.01 **03.01 2,418.54 2,418.54 Page 5 Comments GS ni MILEAGE REIMS DEMURRAGE CHG NOVEMBER HEALTH INS NOVEMBER HEALTH INS NOVEMBER HEALTH INS RESEED AFTER PAVI::G BROOK PARK REALTx WOODHILL CC - RO.\C DISPUT EASEMENTS NtERNIK-LANO STCNGATE FA=M EASMZNT OBERHAUSER LIZ FE.NTEN WTR METER - GC IRF.IGATICN NEWSLETTER r 21 Oct 1998 Pri 10:20 AM Check Register City of Orono Check Number Date Name Check Number 57453 57453 57453 KD & COMPANY 22- Oct-98 KD & COMPANY 23- Oct-98 KD & COMPANY Totals Check Number 57453 KD & COMPANY Check Number 57454 KUSTOM SIGNAI^ INC 57454 22-Oct-90 kUSTOM SIGNALS INC Totals Check Number 57454 KUSTOM SIGNALS INC Check Number 57455 KWOM 57455 23-Oct-98 KWOM Totals Check Number 5*J455 KWOM Check Number 57456 LONG LAKE BIO A AUTO PARTS 57456 57456 57456 57456 57456 22-Oct-98 22-Oct-98 22-Oct-98 22-Oct-98 22-Oct-98 LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS LONG LAKE BIG A AUTO PARTS Totals Check Number 57456 LONG LAKE BIG A AUTO PARTS Check Number 57457 LONG LAKE POWER EQUIPMENT 57457 23-Oct-90 LONG LAKE POWER EQUIPMENT Totals Check Number 57457 LONG LAKE POWER EQUIPMENT Check N’jmber 57458 MEDICA CHOICE 57458 57458 22-Oct-98 22-Oct-98 MEDICA CHOICE MEDICA CHOICE Totals Check Number 57458 MEDICA CHOICE Check Number 57459 MET COUNCIL ENVIRONMENTAL SVCS 57459 22-Oct-98 MET COUNCIL ENVIRONMENTAL SVCS Totals Check Number 57459 MET COUNCIL Etr/IRON*MENTAL SVCS Check Number 57460 MIDWEST ASPHALT 57460 57460 57460 22-Oct-98 22-Oct-98 22-Oct-98 MIDWEST ASPHALT MIDWEST ASPHALT MIDWEST ASPHALT Totals Check Number 57460 MIDWEST ASPHALT Transaction Amount 37.00 2CD.00 237.00 62.25 €2.25 43.00 43.00 -72.11 -It.17 112.31 0.79 9.81 33.63 3C.25 30.25 202.25 10,537.00 10.763.25 21.942.16 21.942.16 26.63 260.49 374.52 661.64 Page 6 Comments rJMP-CUJ CONCRETE/C-RA\TL CLAY/TRASH DUMPING PRO 1000 DS REMOTE .^10 AD >rJLTI METER RETUFO; >!ETER-return; METER, MULTI METER RING TERM SOCKET DR .REPAIR - POLE oAW NOVEMBER HEALTH INS N0VTM3ER HEALTH INS NO'/EMBER SEWER SRVC TACK PATCH PATCH 23 Oct 1990 Fri 10:20 AM Check Register City of Orono Page 7 Check Number Date Name Check Nuni*er S7461 57461 MINNEAPOLIS OXYGE!J COMPAJIY 22-Oct-99 MINNEAPOLIS OXYGEN CCM?A:r/ Totals Check Number 57461 MIN-NEAPOLIS OXYGEN C0M?A^.*Y Check Number 57462 MN STATE TREASURER 57462 22-Oct-98 KN STATE TREASURER Totals Check Number 57462 MN STATE TREASURER Check Number 57463 NAVARRE HARDWARE Transaction Amount 27 00 27.00 3.469.73 3.469.73 Comments ACETYLEN. OXYGEN SURCHARGE - 9/90 57463 23-Oct-98 NAVARRE HARDWARE 67.70 NAV HRDWRE 9/98 57463 23-Oct-90 NAV/vRRE HARDWARE 7.95 NAV HRDWRE 9/99 57463 23-Oct-98 NAVARRE HARDWARE 205.26 NAV HRDWRE 9/98 Totals Check Number 57463 NAVARRE HARDWARE 280.99 Check Number 57464 NECPOST 57464 23-Oct-98 NEOPOST 65.70 POSTAGE TAPE PADS Totals Check NunODer 57464 NEOPOST 65.70 Check Number 57465 NORLING LANDSCAPE k GRADING 57465 23-Oct-98 NORLING LANDSCAPE 5 GRADING 5.290.00 REPLCMNT TREES-BRWN RO/ Totals Check Number 57465 NORLING LANDSCAPE i GRADING / 5.280.00 Check Number 57466 NSr • 57466 23-Oct-96 NSP 1.192.49 STREET LIGHTING Totals Check Number 57466 NSP 1,192.49 Check Nun^er 57468 OFFICE DEPOT 5746S 22-Oct-98 OFFICE DEPOT 166.33 OFFICE SUPPLIES 57468 22-Oct-90 OFFICE DEPOT -23.42 OFFICE SUPPLIES 57468 22-Oct-98 OFFICE DEPOT 139.55 OFFICE SUPPLIES 57468 22-Oct-9B OFFICE DEPOT 213.00 FLDG TABLE - ASSESSORS 57468 22-Oct-93 OFFICE DEPOT 18.04 STAMPS-BLK INK 57468 22-Oct-98 OFFICE DEPOT 110.38 BULLITEN BOARD 57468 22-Oct-98 OFFICE DEPOT •219.. -OFFICE SUPPLIES 57468 22-Oct-90 OFFICE DEPOT 227.48 OFFICE SUPPLIES 57468 22-Oct-98 OFFICE DEPOT 15.89 OFFICE SUPPLIES 57468 22-Oct-98 OFFICE DEPOT 306.39 OFFICE SUPPLIES 57468 22-Cct-9c OFFICE DEPOT 68.6"OFFICE SUPPLIES 57460 22-Oct-90 OFFICE DEPOT 167.53 4 DRWER FILE 57469 22-Oct-98 OFFICE DEPOT 2.55 BAL ON STATE.MENT Totals Check Numb-'r 57468 OFFICE DEPOT 1,192.10 23 Oct 1998 Pri 10:20 AM Check Register City of Oror.o Check Kumber Date IJame Check Number 57469 57469 57469 CMAN, LYLE 22-Oct-98 OMAN, LYLE 22-Oct-98 OMAN, LYLE Totals Check Number 57h69 OMAN, LYLE Check Number 57470 OXYGEN SERVICE CCMPA-N-Y 57470 22-Oct-98 oxyge :; service ccMPAir/ Totals Check Number 5747 2 OXYGEi; SERVICE CCMPAir' Check Number 57471 PLEHAL BL?iCKTO??:NG 57471 57471 23-Oct-98 2j-Oct-98 PLEKAL ELACKTCPPING PLEHAL BLACKTCPFING Totals Check Number 57471 PLEHA: aLACKTlPPING Check Number 57472 FCWERCLEAN COMPA.N*Y INC. 57472 23-Oct-99 PCWERCLEAN CCM?A.'r/ ING Totals Check Nufiser 57472 PCWERCLEAN CCMPA.NT INC, Check Number 57473 PRECISICN TURF 57473 22-Oct-98 PRECISION TL*R? Totals Check Number 57473 PRECISICN TURF Check Number 57474 PROTECTICN ONE 57474 23-Oct-98 PROTECTION ONT: Totals Check Number 57474 PROTECTION ONE Check Number 57475 RITZ CA'^ERA 57475 f 7475 57475 22-Oct-99 22-Oct-98 22-Oct-98 RITZ CAMERA RITZ CAMERA RITZ CAMERA Totals Check Number 57475 RITZ CAMERA Check Number 57476 SENSIBLE LAND USE COALITION 57476 23-Oct-98 SENSIBLE LAND USE COALITION Totals Check Number 57476 SENSIBLE LAND USE CIALITION Check Number 57477 SNTDER DRUG STORES 57477 22-Oct-98 Srm)ER DRUG STORES Transaction Amount 33.28 40.00 81.28 2,443.12 2,443.12 2.438.00 2.175.00 4,613.00 2,172.60 2,172.60 2,381.87 2,381.87 155.90 155.90 27.54 19.11 19.19 65.84 75.00 75.00 14.37 Page 8 Comments MILEAGE 9/28-9/30 MILEAGE 10/2-10/12 WELDER GRAD & PAVE CB PARK WALKING PATH - ANTOINE CARPET CLEANING FOUI.’TAIN FOR POND SECURITY SYSTEM PHOTO PROCESSING PHOTO PROCESSING PHOTO PROCESSING VANZOMERAN f lLMBERSHI? FILM 23 Oct 1998 Frl 10:20 AM Check Register City of Orono Check Number Date Name Check Number 57477 57477 5747 cN'fDER DRUG STORES 2'.-Oct-98 SNYDER DRUG STORES 22-0ct-98 SNYDER DRUG STORES Totals O-iCck Number 57477 SNYDER DRUG STORES Check Number 57478 STRSICKERS 57478 23-Oct-98 STREICHERS Totals Check Number 57478 STREICHERS Check Number 57479 SULLIVArrS UTILITY SERV. INC 57479 22-Oct-99 SULLIVAN'S UTILITY SERV. INC, Totals Check Number 57479 SULLIVAN'S UTILITY SERV. INC, Check Number 57480 SUPERIROR FCR LANDFILL INC. 57480 22-Oct-98 SUPERIROR FCR LANDFILL INC. Totals Check Number 57430 SUPERIROR FCR LANDFILL INC. Check Number 57481 T.L. STEVENS 57481 23-Oct-98 T.L. STEVENS Totals Check Number 57491 T.L. STEVENS Check Number 57482 THE SIGN AGE 57482 23-Oct-98 THE SIGN AGE Totals Check Number 57432 THE SIGN AGE Check Number 57483 TOLL GAS k WELDING SUPPLY 57483 22-Oct-98 TOLL GAS k WELDING SUPPLY Totals Check Number 57483 TOLL GAS k WELDING SUPPLY Check Numo^r 57484 TOMCHECK. LARRY 57484 23-Oct-98 TOMCHECK, LARRY Totals Check Number 574 84 TOMCHECK, LARRY Check Number 57495 TRI STATE lUMP 57485 22-Oct-99 'TRI STATE PUMP Totals Check Number 57485 TRI STATE PUMP Transaction Amount 4.78 o •'o 27.85 51.07 51.07 810.00 810.00 31.80 31.80 2.626.00 2.626.00 201.29 201.29 260.25 260.25 628.32 628.32 816.26 816.26 Page 9 Comments 1 HR FILM PROCESS ZIPLOCK BAGS MAP LIGHT PUMP LS - MAIN BRK 10/4 DISPOSAL BEDERWOOD WELL REPAIRS CITY OF ORONO DECALS WELDING SUPPLIES EMR PREP CONF- FUMPS - GSa7 i & Vi r • ^ %f ^ r iTii 23 Cct 1998 Fri 10:20 AM Check Register City of Orono Check Number Date Name Check Number 57466 57486 UNIV OF MINNESOTA 23-Oct-98 UNIV OF MINNESOTA Totals Check NurrJser 57486 UNIV OF MINNESOTA Check Number 57487 VILLAGE CHEVROL.^T 57487 57487 23-Oct-93 23-Oct-98 VILLAGE CHEMIOLET VILLAGE CHEVROLET Totals Check Number 57487 VILLAGE CHEVROLET Check Number 57488 WALDOR PUMP 57488 22-Oct-98 W.ALDOR PUMP Totals Check Number 57488 WALDOR PUMP Check Number 57489 WARNING LITES OF KN 57489 22-OCC-98 WARNING LITES OF MN Totals Check Number 57489 WARNING LITES OF Check Number 57490 WEST GROUP 5749D 13-Oct-97 WEST GROUP Totals Cneck Number 57490 WEST GROUP Check Number 57491 WEST PHOTO 57491 22-Oct-98 WEST PHOTO Totals Check Number 57491 WEST PHOTO Check Number 57492 ZARNOTH BRUSH WORKS 57492 23-Oct-98 ZARNOTH BRUSH WOR.KS Totals Check Number 57492 ZARNOTH BRUSH WORKS Grar.d Total Transaction Amount 120.00 120.00 6.44 49.36 55.00 2.876.00 2.876.00 105.44 105.44 49.95 49.95 169.87 169.87 186.91 186.91 110.746.52 Page 10 Ccr.-ments INSPECTORS WRKSHOP-WCKMAN GASKET SEAL KIT.ASSBLY #708 REPLACE CHK VALVES LSW2 BARRICADES CRIMINAL LAW FILM GUTTER BROOMS 9 Oct 1998 Fri 12:11 PM Check Kumber Employee Name Check Number 045070 C45070 PETERSON. BARBARA A. Totals Check Number 045070 Check Register City of Orono Page 1 Check Date 12-Oct-98 Check Amount 269. 269.36 Chvck Number 045071 ^5071 MOORSB, RONALD J. Totals Check Number 045071 12-Oct-90 184.70 184.70 Check Number 045072 145072 FLINT. RICHARD Totals Check Number 045072 12-Oct-98 269.36 26'.^.36 Check Number 045073 C45073 GOETTEN. J. DIA-NTI Totals Check Number 045073 l2-Oct-98 269.36 269.36 Check Number 045074 C45074 JABBOUR, GABRIEL E. Totals Check Number 045074 12-Oct-90 323.22 323.22 Check Number 045075 C45075 KELLEY. CHARLES Totals Check Number 045075 12-Oct>98 269.36 269.36 Grand Total 1«585.36 20 Oct 1998 Tue 11:11 AM Check Register City of Orono Check Number Employee Name Check Number 045077 045077 JOHNSON, MARY ANN Totals Check Number 045077 Check Number 045070 045078 GEMAR, JAMIE L. Totals Check Number 045070 Check Number 045079 045079 HASEMAN, CAROLE A. Totals Check Number 045079 Check Number 045080 045080 MOORSE, RONALD J. Totals Check Number 045080 Check Number 045081 045081 VEE, LINDA S. Totals Check Number 045081 Check Number 045082 045002 KUEHN, THOMAS M. Totals Check Number 045082 Check Number 045083 045083 OLSON. RONALD J. Totals Check Number 045083 Check Number 045084 045084 PETTIT. SANDRA K. Totals Check Number 045084 Check Number 045085 045085 ANDERSON. BRUCE L. Totals Check Number 045085 Check Date 21-Oct-90 21-Oct-98 21-Oct-98 21-Oct-99 21-Oct-98 21-Oct-90 21-Oct-90 21-Oct-98 21-Oct-90 Page 1 Check Amount 493.00 493.00 530.47 530.47 695.72 695.72 1,470.03 1,470.03 1,005.40 1,005.40 950.79 950.79 14.96 14.96 783.30 703.30 274.29 274.29 4 I1 20 Oct 1990 Tue 11:11 AM Ciieck Register City of Orono Check Number Employee Name Check Number 0450s6 045006 BOB2IEN, SUE A Totals Check Number 045006 Check Number 045C87 045007 BORIS, SCOTT W. Totals Check Number 045007 Check Number 045000 045000 CARLSON, MICHAEL B. Totals Check Number 045000 Check Number 045009 045009 CHESWICK, GARY B. Totals Check Number 045099 Check Number 045090 045090 cor::ick, james l. Totals Check Number 045090 Check Number 045091 C45091 DEMBOUSKI, JAY C. Totals Cbeik Number 045091 Check Number 045092 045092 ERICKSON, KURT R Totals Check Number 045092 Check Number 045093 045093 FARNIOK, CORREY L. Totals Check Number 045093 Check Number 045094 045094 FISCHENICH, DAN T. Totals Check Number 045094 Check Number 045095 Check Date 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct*90 21-Oct-90 21-Oct-90 Page 2 Check Amount 636.30 636.30 1,001.44 1,001.44 230.63 230.63 1,577.12 1,577.12 1,260.37 1,260.37 1,165.43 1,165.43 1,250.92 1,250.02 1,202.21 1,202.21 1,240.12 1,240.12 ' i 20 Oct 1998 Tue 11:11 AM Check Register City of OroxiO Check Number Employee Name Check Number 045095 045095 FISCHER, CHRISTOPHER K. Totals Check Number 045395 Check Number 045096 045096 HANSING, CAROL J. Totals Check Number 045396 Check Number 045097 045097 JOHNSON, BRADLEY P. Totals Check Number 045397 Check Number 045099 045099 KNOLLENBERG, KRISTIS L Totals Check Number 045399 Check Number 045100 045100 MCNALLY, STEVEN A. Totals Check Number 045100 Check Number 045101 045101 MCNICHOLS, DAVID L. Totals Check Number 045101 Check Number 045102 045102 MOROWCZYNSKI, JAMES Totals Check Number 045102 Check Number 045103 045103 PERSELL, WILLIAM R. Totals Check Number 045103 Check Number 045104 045104 SCHOENHOFF, JOHN B. Totals Check Number 045104 Check Number 045105 Check Date 21-Oct-90 21-OCC-98 21-Oct-98 21-Oct-99 21-Oct-98 21-Oct-98 21-Oct-98 21-Oct-98 21-Oct-98 Page 3 Check Amount 949.45 949.45 332.61 332.61 1,060.75 1,060.75 933.52 933.52 1,021.58 1,021.58 479.23 479.23 1,508.29 1,508.29 175.57 175.57 1,166.89 1,166.89 1 ♦ 20 Oct 1998 Tue 11:11 AM CYftck Register City of Orono Check Number Employee Name Check Number 045105 C45105 TOMCHECK, LAWRENCE F. Totals Check Number 045105 Check Number 045106 C45106 TOMC2YK, MARK W. Totals Check Number 045106 Check Number 045107 C45107 FOLEY, PATRICK B. Totals Check Number 045107 Check Number 045100 045106 JOHNSON, JEFFREY D. Totals Check Number 04S108 Check Number 045109 045109 WITTKE, ANTHONY A. Totals Check Number 045109 Check Number 045110 045110 GAFFRON, MICHAEL P. Totals Check Number 045110 Check Number 045111 045111 GAPPA, GREGORY A. Totals Check Number 045111 Check Number 045112 :45112 OMAN, LYLE E. Totals. Check Number 04 5112 Check Number 045113 045113 VAN ZOMEREN, ELIZABETH Totals Check >:jmber 045113 Check Number 045114 Check Date 21-Oct-98 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-98 21-Oct-90 21-Oct-98 21-Oct-90 Page 4 Check Amount 499.44 499.44 1,235.37 1,235.37 15.08 15.08 679.31 679.31 150.70 150.78 1,117.41 1,117.41 1,424.26 1,424.26 232.75 232.75 1,112.53 1,112.53 r' 20 Oct 1998 Tuc 11:11 AM Check Register City of Orono Check Number Employee Name Check Number 045114 045114 VANG, BRUCE L Totals Check Number 045114 Chech Number 045115 045115 HECKMAN, STEPHEN J. Totals Check Number 045115 Check Number 045116 C45116 WEINBERGER, PAUL E. Totals Check Number 045116 Check Number 045117 045117 BRINKHAUS, JOHN F. Totals Check Number 045117 Check Number 04J118 C4S118 DCBAERE, DONALD L. Totals Check Number 045118 Check Number 045119 C45119 GREGORY, JAMES D. Totals Check Number U45119 Check Number 045120 C45120 HANSEN, STEVEN C. Totals Check Number 045120 Check Number 045121 C45121 ObERAIGNER, SCOTT G. Totals Check Number 045121 Check Number 045122 345122 OBRIEN, RANDY L. TowSls Check Number 045122 Check Number 045123 Check Date 23-Oct-90 21-Oct-9B 21-Oct-90 21-Oct-90 21-Oct-98 21-Oct-90 21-Oct-98 21-Oct-98 21-Oct-90 Page 5 Check Amount 976.33 976.33 29.68 29.68 759.06 759.06 1,055.63 1,055.63 802.66 802.66 606.09 606.09 700.06 708.06 603.67 603.67 179.95 179.95 1 20 Oct 1990 Tie 11:11 AM Check Register City of Orono Check ::.-i)er Employee N?*ne Check Number 0451^3 C45123 PALMER, GREGORY A. Totals Check Number 045123 Check Number 045124 ^45124 RATHBUN, BARRY J. Totals Check Nurber 045124 Check Number 045125 045125 SRREEN, DALE S. Totals Check Number 045125 Check Number 045126 045126 BLAIR, JAMS A. Totals Check Number 045125 Check Number 045127 345127 DELANEY, JANE Totals Check Number 045127 Check Number 045128 045128 DOCKEN, THOMAS W. Totals Check Number 045128 Check Number 045129 045129 MCINTYRE, WILLIAM Totals Check Number 045129 Check Number 045130 045130 OAS, DANIEL 0. Totals Check Number 045130 Check Number 045131 045131 PETERSON, JACK W. Totals Check Number 045131 Check Number 045132 Check Date 21-Oct-98 21-Oct-98 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-90 21-Oct-98 21-Oct-90 21-Oct-98 Page 6 Check Amount 647.38 647.30 999.07 999.07 ei:.i9 010.19 95.60 95.60 11.83 11.63 309.42 3C9.42 226.26 226.26 141.31 141.31 61.98 61.98 20 Oct 1990 Tue 11:11 AM Check Register City of Orono Page 7 Check Number Employee Name Check Date Check Amount i Check Number 045132 045132 RAICHE, VICTORIA H.21-Oct-98 Totals Check Number 045132 Check Number 045133 045133 ROSS, JOHN A. Totals Check Number 045133 Check Number 045134 045134 STEFFENHAGEN, RONALD E. Totals Check Number 045134 130.09 -.30.09 21-Oct-93 63.85 63.85 21-Oct-90 1,054.36 1,054.36 Grand Total 40,220.57 INFORMATION ITEMS COUNCIL MEETING COUNCIL OCT 2 6 1998 CfTYCFORONO A OF i ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21,1998 roUNGlL OCT '2 6 r rrJ cs: ROLL The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith. William Stoddard. Dale Lindquist. Janice Berg. Lili McMillan. Commissioner Charles Schroeder arrived at 7:00 p.m.. and Commissioner Elizabeth Hawn was absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren. Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron. and Recorder Jackie Young. Chair Smith called the meeting to order at 6:33 p.m. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) ^f2414 RANDY AND MARIE STAFFANSON. 1422 PARK DRIVE - VARIANCES, 6:34 p.m. - 6:40 p.m. Randy and Marie Staffanson were present. Van Zomeren stated the Applicants are requesting a variance to replace a garage that was destroyed by fire at the same hardcover allowance and setback as the previous garage. The Applicants wish to use storage trusses which would increase the height by three feet. This change does not require a height variance because the proposed garage does not exceed the height of the principal structure. Staff recommends approval of this application. Randy and Marie Staffanson had no comment. There were no public comments. Lindquist moved, Smith seconded, to approve Application #2414 for property located at 1422 Park Drive to allow construction of a garage per Staffs recommendations as outlined in the September 16,1998 Planner's Report. VOTE: Ayes 5, Nays 0. (#2) #2401 THOMAS AND MARGARET RADKE, 3424 EAST LAKE STREET-VARIANCE, 6:40 p.m. - 6:51 p.m. Thomas and Margaret Radke were present. Weinberger noted this Application was tabled at the August 17. 1998 Planning Commission meeting. The Applicants are proposing to construct an accessory structure on Outlot B which provides access to three properties and had originally been intended to be used for a sewage treatment system. The system is no longer necessary as the lots have since been provided with sanitary sewer. Weinberger stated Resolution No. 3189 was passed in 1992 by the City Council, whi h approved a variance to allow an accessory structure on the outlot, which still exists today. The Resolution stated the intent of the Planning Commission was that no more than one accessory structure should ever be allowed on the outlot. and if an additional accessory structure is desired, it may Page 1 r ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21,1998 (#2401 Thomas and Margaret Radke, continued) result in the removal of the existing yhed. Weinberger stated the neighbors have signed letters stating they are in favor of the proposed structure. Staff recommends denial of the variance to allow the construction of an accessory structure on Outlot B based on the previous Resolution to allow only one accessory structure on the lot at the time tne existing building was approved. Chair Smith noted all three properties have access off the same driveway. Radke stated he is required to pay taxes on the property and that the use for the outlot has changed. Radke stated the structure would enhance the property and would not be a detriment to the property. Radke also noted a portion of the property was donated to the City for a pump station Weinberger stated this accessory structure will not be constructed on a permanent foundation. Radke commented the structure will be used to store lawn furniture, et cetera, and can be moved if necessary. Mrs. Radke stated their residence does not contain a basement due to the closeness of the lake nnd they are in need of additional storage room. Stoddard stated he does not have a problem with the proposed structure since the use of the lot has changed and is not needed for a septic system. Stoddard inquired what Gaffron thought about the situation. Gaffron stated three substandard lots were created in 1980 in order to eliminate the marina, and a conclusion was reached to install a sewage treatment system on the outlot as well as allow one accessory structure. Gaffron stated it is reasonable to have one accessory structure on the property. McMillan inquired whether the lot lines could be rearranged and combined into the main lot. Gaffron stated if that occurred, an easement for the driveway would become necessary. Chair Smith inquired whether the neighbors have been asked whether they would be in favor of rearranging the lot lines. Radke commented he does not see the advantage *.o rearranging the lot lines. McMillan remarked since the outlot is no longer needed for septic, the lot lines could possibly be rearranged to avoid the need for a variance. Van Zomeren stated currently the outlot is not included in the hardcover numbers. Stoddard noted he is still in favor of the application. McMillan inquired whether the existing shed will remain Radke stated it was the intent to keep the existing shed. Weinberger stated the lot with the residence located on it is pretty much maximized as far as growth is concerned. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21,1998 (#2401 Thomas and Margaret Radke, continued) Stoddard recommended limiting the size of the storage shed to 140 square feet. Berg slated she concurred with Stoddard. Stoddard moved, Lindquist seconded, to approve Application #2401, 3424 East Lake Street, granting of a variance to construct an accessory structure on Outiot B, the size of the structure to be limited to 140 square feet, per the concept plan submitted by the Applicants. VOTE: Ayes 3, Nays 2, McMillan and Smith opposed. (#3) #2403 TERRY CLARK, 1575 LONG LAKE BOULEVARD - VARIANCES AND CONDITIONAL USE PERMIT, 6:52 p.m. - 7:08 p.m. Terry Clark and Architect Neil Weber were present. Van Zomeren stated the applicant is requesting variances for street yard setback, hardcover in the 0-75' setback, bluff setback, lakeshore setback, as well as a lop of bluff setback variance. A conditional use permit is also required to alter the land in the 0-75' setback. The Applicant has submitted a revised proposal that would raise the existing residence four feet to allow for a walkout lower level, which would change the grade on the south side of the structure. This is a solution that has been reached in an effort to reduce the impact on the lake side of the property, and would add an additional 159 square feel in hardcover. Weber stated the 0-75' setback will be affected no matter what design is proposed since the reside.nce lies in the zone. Weber stated the current proposal is an effort to minimize the impact to the 0-75* zone as much as possible by raising the house up to add a walkout under a new deck on the lakeside of the residence. Chair Smith opened the hearing up for public comment. A resident of the area inquired about the impact the excavation would have on the adjoining properties, noting he has had standing water on his properly in the past. Weber stated there will be very little excavation done except for the footings and under the deck. Van Zomeren staled City Staff is aware of the resident s concerns and has requested the City Engineer to review the plans. Van Zomeren staled the neighbor's current water problems are not related to this application and would need to be addressed separately. Chair Smith comn.eiited it is the Planning Commission’s philosphy not to approve applications that would adversely affect the adjoining properties, noting the City Engineer feels it will not have a negative impact on the neighboring properties. Van Zomeren stated the ground elevations and amount of fill still need to be calculated. Stoddard commented he is in favor of the plan. Lindquist stated the Applicants hav '•.omp'ied with what the Planning Commission had requested at the prior hearing, noting the ordinau^es governing hardcover were passed after the house was built. McMillan stated she is concerned about major excavation in the 0-75’ setback, noting this application Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21. 1998 (#2403 Terry Clark, continued) will not be upsetting the natural contour of the current grade. McMillan stated she is fine with the proposed hardcover. Chair Smith inquired whether the addition will be keeping the same character of the residence. Weber stated an additional dormer will be added, which will keep the same character of the house. Lindquist moved, Smith seconded, to approve Application #2403, 1575 Long Lake Boulevard, granting of variances to hardcover in the 0-75' setback, street yard setback, lakeside setback, top of bluff setback, and a conditional use permit to change/alter the land in the lakeshore setback to raise the house four feet, subject to the submittal of an excavation plan with the amount of fill calculated in cubic yards and elevations calculated. VOTE: Ayes 6, Nays 0. SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE - SUBDIVISION, 7:10 p.m. -7:13 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mike Hilbelink was present on behalf of Ted Wolf. Van Zomeren stated the Planning Commission reviewed this application at its August 17,1998 meeting to allow the Applicant time to submit revised plans. The revised plan proposes to move the lot line to allow a 50' setback for the existing barn from the proposed lot line, which means the bam would meet the setback requirement from the rear lot line on a front lot. The newly created Lot 1 would be comprised of 3.04 acres and the newly created Lot 2 would be comprised of 8.07 acres. Staff recommends approval of the application Hilbelink commented the revised plan satisfies the concerns raised at the previous meeting, noting the barn will be used as primarily as a storage shed Chair Smith noted Mr. Wolf had expressed an interest in housing animals in the barn previously, and inquired whether he was aware that under the current proposal that would not be allowed. Hii jelink remarked Mr. Wolf is aware that he does not meet the proper setbacks to house animals under the current proposal. There were no puolic comments. McMillan moved, Berg seconded, to approve Application #2408,900 Willow Drive, granting of a lot line rearrangement as prepared in the survey revised on 9/11/98. VOTE: Ayes 6, Nays 0. (#5) #2412 STEVE WHITE ON BEHALF OF VCI CAPITAL. 4355 BAYSIDE ROAD - SUBDIVISION RENEWAL, 7:14 p.m. - 7:21 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Page 4 I----------------- ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 {U2AM Steve White on behalf of VCt Capital, continued) Steve White w/as present. Gaffron stated the Applicant is requesting the Planning Commission grant a renewal of the October 13. 1997 approval for a subdivision of this 55 acre property into two parcels to create one additional building site to construct a house on Bayside Road. Staff is recommending that the language contained in the Conservation and Flowage Easements be modified so as to not prohibit the applicant from applying for a dock CUP/variance. As a condition of approval, the Applicant is to grant the County an easement for the 66' of right-of-way for Bayside Road within the hour laries of the property. Gaffon stated septic testing has been completed and the property does contain alternate sites for a septic system. White stated they are not requesting a variance to construct a dock at this time but would like to reserve that right. There were no public comments McMillan commented the lot line rearrangement was a good proposal, and inquired whether the easement would be on the north side. Gaffron stated there are actually two wetland easements, noting Mark Gronberg has legally described the easements. McMillan inquired whether the Applicant had the wetland delineated to create the legal description Gaffron remarked that would be reviewed before the City Council meeting. McMillan inquired whether Parcels A and B had lakeshore access Gaffron replied that both parcels were lakeshore lots. Lindquist moved, Smith seconded, to approve Application #2408,4355 Bayside Road, granting of a renewal of the October 13,1997 Class I Subdivision. VOTE: Ayes 6, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#6) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE - VARIANCES. 7:22 p.m. - 7:55 p.m. The Certificate of Mailing and Affidvait of Publication were noted. Paul Bennett was present Weinberger stated the Applicants are proposing to add a 20' by 24’ garage with second floor living space to the existing residence. This property lies within the RR-1B zoning district, which has a two acre minimum. The lot is comprised of .15 acre. The Applicants are requesting a variance to side yard adjacent to street setback requirements, a variance to side yard setback requirements, a variance to rear yard setback requirements, and a variance to structural coverage. Page 5 * ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2413 Paul and Megan Bennett, continued) Weinberger stated in 1991 the City Council approved variances to construct a deck within required side yard, street yard, and back yard setbacks, and to allow 22 percent lot coverage by structures, with the condition that future proposals to increase lot coverage by adding structures on this property will not be looked upon favorably by the Council. The current application is proposing to increase structural coverage to 31 percent. Staff is recommending the Planning Commission review the previous resolution to determine how it applies to this proposal. Bennett stated he was not aware of the previous resolution until Friday night, and had submitted this application for the construction of a garage due to the fact that a garage currently does not exist on the property. Bennett stated currently they are forced to park on a gravel driveway and back out onto Dickenson, which raises safely concerns as well. Bennett remarked they would be willing to remove part of the deck and a landscaped play area as well m an effort to reduce hardcover. Chair Smith inquired whether the play structure would be relocated. Bennett stated at this time he is not sure whether it will be relocated. McMillan inquired whether there is a deck currently on the east side of the residence. Bennett stated there was a small deck, and they have experienced standing water in the driveway. Chair Smith inquired whether the deck or proposed garage could be reduced. Bennett stated originally he wanted a 24' by 24' garage and reduced it to 20' by 24*. which in his opinion is a minimal-sized garage, but it could possibly be reduced somewhat. Stoddard inquired whether the tax-forfeited piece of land located across the alley from this property was still available for sate. Bennett stated he thinks it is still available for sale. Stoddard inquired whether the Applicant would be willing to pursue purchase of that piece of property. Van Zomeren stated an accessory structure could not be constructed on that piece of property. Chair Smith inquired whether the Applicant would be willing to table this application to allow him time to investigate possible purchase of that piece of property. Bennett stated he can look into it. Chair Smith opened the hearing up for public comment. Dan Kluth, 2801 Fox Street, inquired what the applicant would be able to do with that additional lot. Van Zomeren slated the lot would be included in the calculations for structural coverage. Gaffron noted the piece of properly was not a buitdable lot Bennett stated the land appears to be lov/ land or wetland, and is not in favor of having a child cross the alley in order to access play equipment. Page 6 -•i ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2413 Paul and Megan Benr '.t, continued) Chair Smith noted side yard and rear yard variances are needed as well. McMillan stated there were hardships that exist for this property Lindquist stated he has a problem with increasing structural coverage on this property. Chair Smith commented the Planning Commission was attempting to find ways to reduce structural coverage. Bennett stated structural coverage was being increased by 450 square feet, noting the deck could be reduced somewhat. Chair Smith inquired whether the deck and kitchen could be reduced Stoddard noted this is a substandard lot comprising of .15 acres, and recommended pursuing purchase of the tax forfeited piece of property. Stoddard stated he tyoically looks favorably upon applications for garages but would like to see hardcover reduced somewhat. McMillan remarked the Applicant could consider construction of a one-car garage as an option. Schroeder stated he would be in favor of this application if the two lots were combined Chair Smith recommended the application be tabled Schroeder stated it is not the Planning Commission's suggestion that you purciiase the property but merely to look into the possible purchase. Stoddard concurred. Bennett agreed tc tabling the application. Smith moved, Lindquist seconded, to table Application #2413, 500 Hanlon Avenue, to allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0. (#7) TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO CIRCLE - CONDITIONAL USE PERMIT AND VARIANCES, 7:56 p.m. - 8:07 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Kevin Kennefick and Terry Sanders were present Weinberger stated 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 applicants have constructed a new deck in the same location as the previous deck with a changed footprint. The newly constructed deck requires a variance from the allowed hardcover in the 75-250' lakeshore setback. The hardcover is being reduced from 42.5 percent to 39.8 percent. Weinberger stated the Applicants have also done some landscaping work which involved installing boulder outcroppings on a steep hill towards the lakeshore to alleviate the dangerous situation with attempting to mow the steep hill. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2415 Terry Sanders on behalf of Kevin Kennefick, continued) The Applicants had no comment There were no public comments. Lindquist stated he did not have a problem with the application. Stoddard inquired why the necessary permits were not obtained before the wor was commenced. Kennefick stated he had obtained numerous permits to remodel the interior r the residence but overlooked the permits for the outside work. Schroeder moved, McMillan seconded, to approve Application #241f 3241 Casco Circle, granting of an after-the-fact variance for hardcover of 8,004 square aet within the 75-250* lakeshore setback, double application fees, and approval < . an after-the-fact conditional use permit to all .w boulder outcroppings and gradir j to occur within 75* of the lakeshore subject to no further land alteration without receivinr .lecessary permits from the City. NO VOTE TAKEN. Chair Smith recommended adding the stipulation that no further .ardcover would be allowed in the future on the property. Lindquist concurred. Kennefick inquired whether he would be able to trade hardc' /er in the future, noting he has attempted to reduce hardcover. McMillan remarked no additional hardcover would be all . wed. Schroeder moved, McMillan seconded, to amend the motion to include the stipulation that no new hardcover would be allowed in the 75-250* lakeshore setback. VOTE: Ayes 6, Nays 0. (#8) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN. 1655 BOHN*S POINT ROAD - VARIANCE, 8:07 p.m. - 8:11 p.m. The Certificate of Mailing and Affidavit of Publication were noted Robert Lund on behalf of the Newmans was present Weinberger stated the applicants have proposed to construct an addition to the new residence and a pool terrace on the property meeting all yard requirements. A variance is required from the average lakeshore setback requirement for these structures The Applicants received variances from the average lakeshore setback and hardcover to construct a new residence in 1997, and are requesting to maintain the 26.7 percent hardcover allowed in the 0-75' setbacak although the site plan has changed. They have reduced the driveway and have added a pool. Robert Lund had no comment. There were no public comments Chair Smith stated she was okay with the application Page 8 4 i __ ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2418 Robert Lund on behalf of Graydon and Michelle Newman, continued) Lund noted there was a typographical error on page two of the Planner's Report, Weinberger slated it should read within the 75-250' lakeshore setback. Stoddard moved. Schroeder seconded, to approve Application #2418,165S Bohn's Point Road, granting of a variance from average lakeshore setback requirements and a variance from the hardcover requirements as outlined in the August 10,1998 Planner's Report. VOTE: Ayes 6, Nays 0. (#9) #2419 ROBERT LUND ON BEHALF OF WILLIAM AND ANASTASIA HOEFT, 1725 BOHN'S POINT ROAD. 8:11 p.m. - 8:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted, Robert Lund on behalf of the Hoefts was present. Weinberger stated the Applicants are proposing to construct a new residence on the property meeting all yard requirements. A variance is required from the average lakeshore setback ‘aqu ’-ements. Staff recommends approval of the application due to a hardship since the property is located on a pennisula. Chair Smith inquired whether terrace implied a roof or above-ground structure. Lund commented the pool terrace is located several feet below the first floor of the residence, noting the primary reason for the variance is to avoid putting the house on the hill to blend in with the neighboring properties. Lindquist stated he has no problem with the application. McMillan concurred. There were no public comments. Stoddard inquired of the history of the previous residence. Weinberger stated the old residence was razed last year. Lindquist moved, McMillan seconded, to approve Application #2419,1725 Bohn's Point Road, granting of a variance to the average lakeshore setback. VOTE: Ayes 6, Nays 0. (#10) #2420 ROBERT RYAN JR.. 3535 CHRISTINE DRIVE - VARIANCE, 8:18 p.m. - 8:43 p.m. The Certincate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Ryan, Jr. was present. Weinberger stated the Applicant i.s proposing to construct a 90 foot wind tower as an additional source for electricity to serve his properly due to periodic NSP power outages, sometimes days at a time. Weinberger remarked the Applicant has experienced ten power outages since July, 1997. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2420 Robert Ryan, Jr., continued) This property lies within the RR-1B zoning district, and is comprised of 1.62 acres. The neighborhood is developed as a residential cul-de-sc neighborhood of lots approximately two acres in size. The neighborhood also has a covenant in place restricting any out buildings or structures from being built without approval of an Architectural Review Committee established in ‘.he covenant. The Applicant is proposing to locate the tower closer than 90 feet to the lot lines, which may pose a potential public safety issue and would be visible to the neighbors as well. The Zoning Code does not allow structures to exceed 30 feet in height, which would require a height variance from the 30 feet maximum allowed. Staff recommends denial of the application Mr. Ryan stated they are unsure at this time of the exact height of the tower, noting the tower needs to clear the trees to order to be effective Ryan commented that neighboring properties have CB towers, which average 60 feet, and this wind tower should pose no hazard to the neighbors as it is recommended for home use and there are no structures nearby. Ryan also stated the committee outlined in the covenant has been non-existent for the past four years. Chair Smith noted a tetter dated September 20. 1998. has been received from Susan Manikowski, a resident in the neighborhood, and presented a copy of the letter to the Applicants. Clem Kroll. 60 South Stubbs Bay Road, stated he currently owns nine acres which can be subdivided into four lots, and has concerns with the height, location, and reduction in properly values should the tower be installed. Chair Smith inquired whether the committee was active in the neighborhood Kroll stated the members of the committee were in attendance at tonight's meeting. Schroeder noted the problem lies with NSP and the tower should not be allowed at the expense of the neighbors. McMillan stated the wind tower is not allowed under Orono's Codes. Schroeder suggested the Applicant purchase a portable generator to help solve the outage problems. Ryan stated he has a portable generator, which has not resolved the outage problem, and expressed concerns over possible outages due to the year 2000 problem. Susan Manikowski. 3505 Christine Drive, stated they moved to this quiet neighborhood about three and a half years ago and would like to keep the area rural as much as possible. Manikowski raised concerns about the wildlife, lightning strikes, noise from the generator, and the possible danger to the neighboring properties should the tower fall. Manikowski requested the Planning Commission deny the request. Ryan stated he has spoken with the Homeowners Association and said he would be willing to put the wind tower in temporarily until after the power outage problem is resolved. Ryan commented he felt the City will be having more requests of this nature in the future. Berg inquired why he felt that way. Ryan remarked that he doesn’t feel NSP will be able to adequately supply electricity, especially Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#2420 Robert Ryan, Jr., continued) in the year 2000, and with the cold weather experienced during the Minnesota winters, he is taking the necessary precautions to be prepared for an extended power outage. McMillan commented she hopes NSP is able to correct the problem in the near future. McMillan noted wind towers are not allowed under the current City Codes, citing a reluctance to change the ordinance for one resident. Mrs. Ryan stated a neighbor in the area has installed commercial lighting on their property which is on much higher ground and there were no complaints regarding that. Ryan also noted there is also an old dilapidated building in the neighborhood which the neighbors have not requested be torn down. Chair Smith commented that was not the issue before the Planning Commission tonight. Van Zomeren stated CB towers enjoy special privileges that wind generators don ’t under the City Codes. Schroeder suggested the Ryans speak with NSP about the problem. Ryan noted NSP is predicting power outages that could last for days to a week at a time that could happen in the year 2000. Lindquist commented the tower basically is not permitted under the ordinance. Ryan remarked that was why they were seeking the variance, and requested the Planning Commission approve their request. Lindquist stated the Ryans could address the City Council and reques* m ordinance change. Lindquist moved, Smith seconded, to deny Application #2420, 3535 Christine Drive. VOTE: Ayes 6. Nays 0. (#11) #2389 DANIEL KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT AND VARIANCES. 8:45 p.m. - 8:54 p.m. The Certificate of Mailing and Affidavit of Publication were noted Daniel Kluth was present. Kluth handed out a sheet containing his proposed code language additions for review by the Planning Commission. Weinberger stated the Planning Commission may wish to table this until after the Planning Commission votes on whether to amend Sections 10.03 and 10.20. Kluth indicated he would be agreeable to tabling this until after the next agenda item. ZONING AMENDMENT Page 11 1 1 If- lii* ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21,1998 (#12) CITY OF ORONO. TO AMEND SECTION 10.03 AND 10.20 RE: PLUMBING IN ACCESSORY STRUCTURES, 8:54 p.m. - 9:28 p.m. Gaffron stated the specific language additions and revisions to the proposed code amendment requested by the Planning Commission at its August 14 work session have been incorporated into Exhibit A. Gaffron commented the language contained in Mr. Kluth's handout could possibly be combined with City Staffs proposed draft, and stated he will speak with the City Attorney regarding this issue. Gaffron stated this new language will permit City Staff to approve permits without restrictions on water suppiy piumbing, approve permits for waste plumbing subject to specific restrictions or covenants, and on applications for tub or shower. City Council conditional use permit approval is required. Gaffron slated the new language gives clearer direction to City Staff, noting he is comfortable with the language. Chair Smith inquired how the City would be able to enforce this ordinance. Gaffron stated the City normally does not take action unless a complaint is received, noting that it is impossible for the City to enforce everything that is contained in the City Codes. Lindquist noted the ordinance covers the majority of the issues raised by the Planning Commission, Gaffron remarked City Staff needs clear direction and specific controls to deal with applications requesting plumbing. Schroder expressed a concern about the accessory building being rented out once plumbing is installed. Kluth remarked that is currently a misdemeanor. Gaffron commented the ordinance could be made stricter if that was the Planning Commission’s desire. Gaffron stated City Staff needs direction on how to handle these applications. Kluth noted if plumbing is installed by a licensed plumber without a permit, that plumber runs the risk of losing his license. Lindquist stated he was in favor of the ordinance Gaffron stated he would like the Planning Commission to take some action on this matter. McMillan agreed with requiring a CUP for a tub/shower unit, noting the Planning Commission shouid give some guidance to the City Council on when to allow plumbing in accessory structures. Berg commented the City cannot regulate every situation that plumbing issues might arise. Gaffron stated he would be happy to address any issues that the Planning Commission has concerns with. Gaffron suggested language could possibly be included that would say plumbing in accessory structures shall only be approved if City Council finds that the proposed use is compatible and nas limited impact to the neighborhood. Gaffron remarked he wili address that issue with the City Attorney as well. Page 12 i i i i I ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21.1998 (#12 City of Orono, Zoning Ordinance, continued) McMillan suggested adding a toilet/shower/bathtub or any combination of those should require a conditional use permit. Stoddard inquired whether the code allows garage floor drains. Gaffron stated the code does permit floor drains provided they don't flow to a septic system or to city sevt/er. Lindquist moved, Smith seconded, to amend Section 10.03 and 10.20, Re: Plumbing in Accessory Structures, per the revised language contained in Exhibit A, subject to approval of a conditional use permit by the Planning Commission and City Council for the installation of a toilet/shower/bathtub or any combination thereof, and further subject to the inclusion of language by the City Attorney regarding the requested changes by the Planning Commission. VOTE: Ayes S, Nays 0. (#11) #2389 DANIEL KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT AND VARIANCES. CONTINUED, 9:28 p.m. - 9:42 p.m. Daniel Kluth was present. Kluth stated he has spoken with the neighbors concerning the proposed accessory structure, noting everyone was in agreement with the structure. There were no public comments. Kluth stated he is requesting a toilet and sink and would like the Planning Commission to act on his application. Kluth commented he would be willing to comply with whatever restrictions the ordinance calls for as well as whatever conditions the City Council may impose. Stoddard inquired whether a street yard setback variance was still needed. Gaffron stated this application only needs a conditional use permit for the plumbing fixtures. McMillan moved, Lindquist seconded, to approve Application #2389, 2801 Fox Street, subject to approval of Sections 10.03 and 10.20 by the City Council. NO VOTE TAKEN. Schroeder noted the Planning Commission was making a motion on an ordinance that currently is not enforce by the City. McMillan stated the motion is contingent upon approval of the ordinance change by the City Council. Chair Smith stated if the ordinance is not passed by the City Council. Kluth's application may not be acted upon. Van Zomeren inquired whether the Planning Commission would like to recommend the application be processed as a conditional use permit for plumbing in an accessory structure. Schroeder suggested the application be kept as currently proposed unless the City Council denies it. Page 13 r- I ■ '5 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21,1998 (^2389 Daniel Kluth, continued) McMillan moved, Lindquist seconded, to approve Application #2389, 2801 Fox Street, granting of a conditional use permit subject to approval by the City Council of Sections 10.03 and 10.20. VOTE: Ayes 6, Nays 0. PLANNING COMMISSION COMMENTS (#13) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON AUGUST 24,1998, AND SEPTEMBER 14,1998 Smith stated Rahn was required by the City Council to further reduce the size of the garage at the August 24.1998. Berg stated Often Brothei.>‘ application was approved, noting the loading dock was permitted, and the neighbors were to get together to discuss the landscaping issues. Berg stated the Valerius addition was also approved at the September 14. 1998. (#14) OTHER ISSUES FOR DISCUSSION None (#15) PLANNING COMMISSION APPROVAL OF MINUTES FOR AUGUST 17,1998, AND PARTIAL MINUTES FROM AUGUST 14,1998 WORK SESSION Schroeder moved, Lindquist seconded, to approve the Minutes of the Orono Planning Commission Meeting of August 17,1998, and the August 14,1998 Work Session. VOTE: Ayes 6, Nays 0. (#16) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON SEPTEMBER 28,1998 AND OCTOBER 12,1998 September 28 • McMillan October 12 - Lindquist ADJOURNMENT Schroeder moved, McMillan seconded, to adjourn at 9:58 p.m. VOTE: Ayes 6, Nays 0. Sandra Smith. Chair Person Page 14 4 A A1 ‘■5 A, FAIRVIEW COVENANT CHURCH Dennis Pod, Pastor t.UUNOIL MhSTINa OCT 2 0 1995 \^\ I * * * ^ • V V. OCT 2 6 J998 'flONO October 14,1998 Mayor Gabriel Jabbour City of Orono Dear Mayor Jabbour, The Congregation of Fairview Covenant Church met on Sunday, September 20,1998 to discuss the resolution passed by the Orono City Council on July 13,1998. The majority of the voting members of the church indicated they supported the idea of entering into negotiations with the City of Orono regarding vacating the easement Uiat currently separates the two parcels of land the Church owns in Orono. The majority of the voting members also indicated they supported the idea of entering into negotiations with the City of Orono regarding allowing the City to use the church land that is located in Orono. The Church Council and the Congregation recognize that there are a number of specifics that must be addressed. Reverend Dennis Pool and Mr. Brian Peterson continue to be the designated church interface with Orono. They will bring those additional details to the membership for official action. Official vote by the membership is needed before any agreement may be finalized. 1 believe you have their telephone numbers. Sincerely, Fairview Covenant Church Council 1175 County Road 19 Mound, Minnesota 55364 • 472-3120 „ i ■ Mir if i • N J COUNCIL M£ET( OCT 2 6 1998 GlTf CF OHONO r Bond Referendum Information Election: Tuesday, December 46 1998 i(vi:/ys t > * F he Wayzata School Board has called for a Bond Referendum. Funds generated would be used for: The bond referendum would gcnerale $18.5 million in funds. All funds would be u.sed for projects that improve facilities in the Wayzata School District. Facity Improvements $13,3S mSon Funds provided by a referendum would allow improvements at all elementary and middle schools. Improvements include interior and e.xterior maintenance, electrical and mechanical upgrades, and additional space at some schools. Technology |4mSon The long-range technology plan calls for replacement of outdated computers and audio-visual equipment. The District would al.so .strengthen its network security .system. When is the election? Tuesday. December 15. 1998. Polls will be open from 7:(X) a.m. until 8:0() p.m. Where do I vote? District residents vote at the following precincts for this special election: Precinct I: Way/uta City Hall. ()(X) F Rice St. Residents west of 494 & south of Co. Rd. 6 Precinct II; Plymouth Fire Station #3. ."^.500 Dunkirk; Residents west of 494. north of Co. Rd. 6 & south of Co. Rd. 24 Precinct 111: Chri.st Memorial Lutheran Church. 1.1501 Sunset Trail; Residents east of 494 Precinct l\': Wayzata High School. 4955 Peony Lane; Residents north of Co. Rd. 24 Land Acquisition $450,000 Enrollment is projected tt) continue to grow in the Wayzata School District. Funds would allow the District to purchase land, which in the future would house an elementary school Famiy Service Center $150,000 The District’s growing Karly Childhood Family liducation program, as well as other important family support .services, would be housed in a renovated portion of Central Middle School. Other $550,000 Additional funds generated by the bond ref erendum would be used to improve athletic fields, e.xpand warehouse space for buildings and grounds equipment, and renovate e.xist- ing space at Central Middle School to house Curriculum Services and Community Education Services. Tbp Commissioner ol Children Families & Learninq judqes the proposed construction proiect to be educationally and economically advisable k.av I- I w 1 • 'll III li ' t. I'. » *1 I i )i I, |l I I ' *1 I - I . ’s I. .l?.» V ' ‘11 III K III 4 l/ Why does the School District need a bond referendum? Like many states. Minnesota’s lunding of facility maintenance continues to be inadequate. An industry standard reports that in t»rder to meet annual maintenance and repair needs lunding should be at a level of 1.5 to 3 percent of the replacement cost t»f a building. TIte current replacement cost for all buildings in the District is $151.4 million. Using the lower range «>f the minimum funding requirement (2 percent), the District would require annual funding of S3 mil lion. The District receives combined annual funding for facilities (maintenance and repair) and capital (equipment needs such as computers, trucks, textbooks). Ilie combined funding estimate for IWh-99 is $1.9 million. The continual underfund ing of maintenance and repairs forces the District to rely on other sources of funding, such as a bond issue, to address facility needs. What is the difference between a bond referendum and an excess levy (operating) referendum? Bond: A vote by residents for funds tt> be used for physical improvements to .schot>l sites and facilities or the construction of a new school building; (may not be used for salaries). Operating: A vote by residents for funds to be used for operational cxpen.ses such as the purcha.se of classroom supplies or the hiring of additional instructors. What is the status of the buildings in the School District? The infrastructure is diverse. While the District has had the opportunity to build several new facilities in recent years. District assets include older buildings as well. West Middle .School was bi'dt in 1949, ahmtsi 50 years ago. In addition, several schools were built in the early I960 ’s (Central Middle .School. Greenwood Llemcntary. and Sunset Hill lilcincntary). Infrastructure ages and wears out. plumbing deteriorates, roof ing breaks down and leaks, window frames warp, and some types of equipment no longer can be replaced. Also, teaching methods have changed. Classr(M)ms regularly use technology; teams of teachers deliver lessons. In addition, schools today offer special services (special education, social work, etc.) which were not required decades ago. Older buildings must be updated to accommodate the needs of speciali/cd programs. Hffective age of a building is another criteri on to consider when determining estimate life cycles for buildings. Generally, buildings can be categori/cd into four phases. Phase I is the first 20 years of a building and typically no major repairs arc necessary during this pha.se. Phase II is the period of time from 21 to 30 years of age. and typically repairs start to accelerate. Phase III is the period of time from 31 to 40 years of age. which requires major replacements of building systems. Pha.se IV' is the time period beyond 40 years when a building may require extensive restoration. Currently, one third of District build ings have portions which are over 30 years old. or are in the Phase III and IV categories. Some parts of these buildings require restoration, remod eling or major repairs due to age. H7ia/ improvements need to be made? Many projects have been identified throughout the school district as deferred maintenance i.s.sucs. The projects would likely be scheduled over a two to three year period. Below are the major components by school: Central Middle School Replace air handling units; install energy efficient windows and wall system; replace outdated boiler and burners; repair stadium and track. Hast Middle .School Media Center expansion; upgrade air handling units; upgrade .science cla.s.srooms. VVe.st Middle School Upgrades for electrical, heating and water; replace outdateil boiler and burners; remove old light fixtures; repair walls and ceilmes. A ■am Oak Wood Elementary Replace i!\ innasium lloor; widen south and west dnveways to improve safety: add Ixiiler and burner replace air-handling ’ units and unit ventilators. Greenwood Elementary New addition; replace unit ventilators; classroom upgrades; add boiler and burners. Suaset Hill Elementary New addition; replace unit ventilators; classroom upgrades; window and wall replacement; add boiler and burners. Plymouth Creek, Gleason l.ake, Kimberly Lane and Birchview Bond funds allocated for classroom upgrade or ha.stc maintenance requirements such as carpel replacement, painting, etc. Roofs I ‘ nie roofs at ^ntral. East. Oakwood and .Sunset Hill need to be replaced. Due to lack of f unding, the District has been patching or re-roofing only pontons of these buildings. Tuckpointing Many of the building exteriors are primarily con structed of brick. As buildings age. the mortar between the brick begins to deteriorate and needs to be replaced. 'Iliis process is called tuckpoint- ing. Four schools require immediate tuckpointing: Central. East and West Middle ScIuhiIs. and Plymouth Creek Elemeniarv. Family Service Center ITie Early Childhood Family Education program has doubled over the last several years. The District currently leases building space for ECFE at an annual cost of SS4.(HM). ITiis expenditure w ill cease if the program is moved into space available at Central Middle School. Technology The long-term technology plan calls for a pluised replacement of 1.4(H) computers, the installaiitin of additional network security equipment, and the replacement of outdated audio-visual equipment. dU schools would receive funding lor repl.ice- ment ol obsolete equipment. Land Acqui.sition A demographic study revealed the District w ill continue to grow over the next several vears Hie referendum includes funds to purch.ise land for an elementary school. A site has not been deter mined. Other i.ssue<t Other projects include; • hnprovements to five Helds at Central and West Middle Schools • RemiKleling at Central Middle School to acconmuKlate the relocation of Curriculum Services and Community Education Services Expansion of warehouse space to store District equipment (due to growth) ^'tur? <^ost a District property Below are the approximate additional taxes: Annual Tax Impact •14.(K) 59.00 81 .(X) KX).(K) Residential $I2.5.0(K) .SI90.IKH) S2.50.(XH) S.VX).(KK) Commercial S2.‘>0.(KX) S750.(KX) S2.(XH).000 164.00 572.00 I..59I.(K) Whut is the buliut tfuestion? Shall the School Board of Independent School District No. 284 be authorized to issue its Cieneral Obligation School Building Bonds in an amount not to exceed $I8..5(M).(HK) to provide funds for the acquisition and betterment of school lacihties? By voting •yes ’ on this ballot question, you arc voting for a property tax incrca.se. How can / team more? For more information, contact Wav/ata Public .Schools at 745-5(XK). WAYZATA PUBLIC SCHOOLS District Administrutivc Olficcs 210 County Roud 101 North PO Box 660 Way/ata MN 553^1-0660 This publication is not circulated on hchalf of any candidate or ballot question. mk./ DATE OP RUN PERMIT TYPE Building SOL FAMILY-NEW SP-ADD/REMODEL SP-ACC STRUCTURE DPMO/PRINCIPAL COMMERCIAL-NEW COM-ADD/REMODEL COM-ACC STRUCTUR DEMO INST-ADD/REMODBL INST-ACC STRUCT DEMO-ACCESSORY ACC/GARAGES Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING WOOD STOVE/PLUE FIREPLACE VENTILATION FUEL STORAGE GAS LINE INSPECT DUCT WORK ONLY REMOVE OIL TANK UNDEFINED Sub-total Plumbing FIXTURES SPRINKLER WATER METER VACUUM BREAKER UNDEFINED Sub-total Sewer k Water SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTB DRNFLD k/OR TANK SAC ONLY SEPTIC CONNECTIN SEWER DISCCWNBCT SEWER REPAIR SEWER k WATER UNDEFINED Sub-total Sign PERMANENT/POSTED PERMITS ISSUED/FEES COLLECTED S-1 98 ***** PERMIT ISSUED REPORT CITY OF ORONO rmnnrykifr niiktr*o_ _ _ _ _ _ _ _ _ _ __ 01/01/98 - 09/30/98 QTY BASE FEE VALUATION PLAN REVIEW 25 62.260.50 11,440,331.44 40,396.32 284 67,827.50 5,846,118.26 29,223.87 35 8,713.75 841,190.00 5,484.08 13 680.00 0.00 0.00 1 6,365.25 1,492,000.00 4,137.41 5 1,784.00 191,875.00 941.36 5 1,462.25 110,000.00 105.46• 1 50.00 0.00 0.00 3 902.25 122,480.00 0.00 0 0.00 0.00 0.00 6 180.00 0.00 0.00 21 4,549.25 309,635.20 2,937.53 399*154,774.75*20,353,629.90*83,226.03* 82 12,154.15 958,818.44 0.00 21 1,031.10 71,105.52 0.00 2 70.00 3,000.00 0.00 60 2,595.19 148,043.00 0.00 7 245.00 9,325.00 0.00 0 0.00 0.00 0.00 8 280.00 7,984.00 0.00 14 506.25 22,983.00 0.00 9 315.00 7,713.75 0.00 0 0.00 0.00 0.00 203*17,196.69*1,228,972.71*0.00* 134 11,788.16 820,403.38 0.00 1 82.75 6,620.00 0.00 10 1,670.00 2,725.00 0.00 10 350.00 2,600.00 0.00 1 35.00 600.00 0.00 156*13,925.91*832,948.38*0.00* 31 1,085.00 0.00 0.00 1 35.00 0.00 0.00 30 2,950.00 0.00 0.00 2 100.00 0.00 0.00 31 30,250.00 0.00 0.00 1 50.00 0.00 0.00 1 35.00 0.00 0.00 2 70.00 750.00 0.00 1 70.00 0.00 0.00 1 0.00 0.00 0.00 101*34,645.00*750.00*0.00* 1 117.2*^7.^nn.oo 0.00 YEAR-TO-DATE OCT 2 6 IBM uBSTER: PAGE: -- PREVIOUS RANGE . . . 01/01/97 -^pS/^O/STtOJsiO QTY BASE PEE VALUATION 23 46,575.50 7,557,970.03 241 60,637.50 5,473,213.22 21 3,750.00 304,991.60 12 690.00 C.OO 1 887.25 100,000.00 8 3,204.25 356,696.00 0 0.00 0.00 2 100.00 0.00 2 1,579.50 194,310.00 1 29.25 775.00 9 300.00 0.00 6 1,258.00 81,527.80 326*119,011.25*14,069,483.65* 80 8,182.37 636,811.38 9 434.13 28,895.00 1 35.00 2,500.00 45 1,679.69 81,698.55 7 245.00 11,060.00 1 125.00 10,000.00 16 560.00 7,450.00 7 245.00 8,365.00 11 1,200.00 79,750.00 1 35.00 900.00 178*12,741.19*867,429.93* 128 9,169.09 572,246.86 4 231.69 14,535.00 10 1,811.99 0.00 5 175.00 1,200.00 2 70.00 1,150.00 149*11,457.77*589,131.86* 7 245.00 0.00 2 70.00 .3.00 26 2,600.00 0.00 2 100.OC 0.00 5 4,750.00 0.00 C 0.00 0.00 0 0.00 0.00 0 0.00 0.00 3 210.00 0.00 2 70.00 0.00 47*8,045.00*0.00* 0 0.00 0.00 PLAN REVIEW 30,274 28,634 2,403 0 576 413 0 0 219 19 0 817 63,357 .03 .15 .06 .00 .71 .72 .00 .00 .21 .01 .00 .70 .59* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00* 0.00 PKKMtTS ISSUKI)/KICKS COLI.KCTKD YRAR-TO-nATK REPORT NBR. BPRMTISS-1 DATE OF RUN 09/30/98 PERMIT TYPE PER./FREE STANDG TEMPORARY Sub-total Fire FIRE SPRINKLER FIRE SPRINKLER Sub-total User Defined LAND ALTERATION TREE REMOVAL RETAINING NALLS DOCKS LANN SPRINKLER Sub-total Grand-total t •• ««*** PERMIT ISSUED REPORT CITY OF ORONO * « « * *PAGE: REQUESTER: Oi/Ol/98 - RANGE . . . . . 09/30/98 01/01/97 - RANGE . . . . . 09/30/97 QTY BASE PEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW 1 74.75 2,500.00 0.00 3 110.25 3,300.00 0.00 2 70.00 0.00 0.00 4 120.00 0.00 0.00 4*282.00*10,300.00*0.00*7*230.25*3,300.00*0.00* 0 0.00 0.00 0.00 1 140.00 11,200.00 0.00 1 3,650.00 292,000.00 0.00 0 0.00 0.00 0.00 1*3,650.00*292,000.00*0.00*1*140.00*11,200.00*0.00* 30 1,600.00 500.00 0.00 13 675.00 0.00 0.00 0 0.00 0.00 0.00 2 60.00 0.00 0.00 0 0.00 0.00 0.00 1 62.25 2,000.00 0.00 0 0.00 0.00 0.00 3 90.00 2,500.00 0.00 30 1,050.00 0.00 0.00 29 1,015.00 0.00 0.00 60*2,650.00*500.00*0.00*40*1,902.25*4,500.00*0.00* 924**227,124.35** 22 ,719,100.99**03,226.03**756**153,535.71** 15 ,545,045.44**63,357.59** ., 1 REPORT NBR. BFEBRPT2-1 DATE OP RUN 09/30/98 PERMITS ISSUED/FEES COLLECTED••••• permit fee report •* CITY OP ORONO FROM Ul/Ol/’JU TO 09/30/9U YEAR-TO-DATE BUILDING MECHANICAL PLUMBING SEWER k HATER USER BASE FEE 154,774.75 17,196.69 13,925.91 34,645.00 2,650.00 PLAN REVIEW 63,226.03 0.00 0.00 0.00 0.00 SURCHARGE 10,022.16 619.01 430.19 34.50 15.00 Lie. SEARCH PEE 0.00 0.00 0.00 0.00 0.00 SAC 1,000.00 0.00 0.00 5,000.00 0.00 INVESTIGATION 2,869.50 0.00 0.00 0.00 155.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 MAIL IN •92 STUBBS BAY SEWER CONN CHARG SBNBR CCMNBCTION WATER CONNECTION STAFF PEES 1.50 14,655.00 178.20 69.40 3.00 8.700.00 4.190.00 9.00 530.00 ESCROW 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 266,548.94 17,993.90 14,425.50 52,572.50 3,359.00 REPORx NBR• BREERPT2 * DATE OF RUN 09/30/98 1 CITY OF ORONO FROM 01/01/98 TO 09/30/98 REPORT TOTAL BASE FEB 227,124.35 PLAN REVIEW 63,226.03 SURCHARGE 11,266.86 Lie. SEARCH PEE 0.00 SAC 6,000.00 INVESTIGATION 3,024.50 DEPOSIT 0.00 MAIL IN •92 STUBBS BAY SEWER CONN CHARG SEWER CONNECTION WATER CONNECTION STAFF FEES 261.10 14,655.00 6.700.00 4.190.00 530.00 ESCROW 0.00 • PERMIT TOr-'.L 350. »;.o4 PAGE: REOIJRSTER; SIGN 282.00 0.00 0.00 0.00 0.00 0.00 0.00 FIRE 3,650.00 4 7- 0.00 146.00 0.00 0.00 0.00 0.00 0.00 282.00 0.00 3,796.00 PAGE: REQUESTER: REPORT NBR. BPRMTISS-1 DATE OP RUN 09/30/98 PERMITS ISSUED/FEES COLLECTED ***** PERMIT ISSUED REPORT CITY OF ORONO ***** YEAR-TO-DATE ------- PRPVTniIQ REQUESTER: R ANnP _ _ _----- PAGE: 1 PERMIT TYPE QTY 01/01/98 - BASE PEE ------ 09/30/98 VALUATION PLAN REVIEW QTY 01/01/97 - BASE FEB 09/30/97 VALUATION PLAN REVIEW Us«r Defined SUBDIVISION 13 6,237.50 0.00 0.00 12 16,885.00 0.00 0.00 VARIANCE 53 13,610.00 0.00 0.00 66 15,020.00 0.00 0.00 CUP 14 2,200.00 0.00 0.00 14 2,925.00 0.00 0.00 SKETCH PLAN 3 900.00 0.00 0.00 6 1,500.00 0.00 0.00 VARIANCE/CUP 5 1,300.00 0.00 0.00 3 795.00 0.00 0.00 VACATION 1 300.00 0.00 0.00 3 800.00 0.00 0.00 REZONING 0 0.00 0.00 0.00 2 0.00 0.00 0.00 RQST SIMILAR USB 2 250.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 91*24,797.50*0.00*0.00*106*37,925.00*0.00*0.00* Grand-total 91**24,797.50*»0.00**0.00**106**37,925.00**0.00**0.00** REPORT NBR. BPEBRPT2-1 DATE OP RON 09/30/98 ** PERMIT FEE REPORT CITY OF ORONO FROM 01/01/98 TO 09/30/98 • * * • • USER REPORT TOTAL BASE PEE 24,797.50 24,797.50 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH PEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 24,797.50 24,797.50 PAGE: REQUESTER:1 \ 1998 RECAP OF CONTRACT CITIES January February Narch April June July August September October Novefrber December YTD Totals Spring Park Plan Revleu 0.00 0.00 0.00 414.21 0.00 580.62 0.00 1,880.28 765.05 3,640.16 Inspections 15.00 45.00 60.00 45.00 60.00 60.00 105.00 255.00 45.00 610.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 225.00 TOTAL 40.00 70.00 85.00 484.21 85.00 665.62 130.00 2,160.28 835.05 4,555.16 No. Plan Reviews 0 0 0 1 0 2 0 4 3 10 No. Inspections 1 3 4 3 4 4 7 17 3 46 Minnetonka Beach Plan Review 7,206.05 2,133.30 2.493.88 170.46 308.10 0.00 193.50 2,956.68 0.00 15,461.97 Inspections 195.00 285.00 225.00 540.00 525.00 270.00 165.00 255.00 45.00 2,505.00 Retainer 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 225.00 TOTAL 7.426.05 2.443.30 2.743.88 735.46 858.10 295.00 383.50 3,236.68 70.00 18,191.97 No. Plan Reviews 0 2 3 1 4 0 2 5 5 22 No. Inspections 13 19 15 36 35 18 11 17 3 167 7.466.05^2^3750 2.828.88 1.219.67 943.10 960.62 513.50 5.396.96 905.05 22,747713 I REPORT NBR. BPRMTISS-1 DATE OP RUN 09/30/98 PERMIT TYPE Building SGL PAMILY-NBH SP-ADD/REMODEL SP-ACC STRUCTURE DEMO/PRINCIPAL COM-ADD/REMODEL DEMO-ACCESSORY ACC/GARAGES Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING PIREPLACE VENTILATION PUEL STORAGE GAS LINE INSPECT REMOVE OIL TANK UNDEPINED Sub-total Plumbing PIXTURES WATER METER VACUUM BREAKER Sub-total Sewer fc Hater SEWER CONNECTION WATER CONNECTION NEW SEPTIC SYSTE SAC ONLY SEWER REPAIR Sub-total Sign PER./PREE STANDG Sub-total User Defined LAND ALTERATION LAWN SPRINKLER Sub-total Grand-total QTY 1 35 8 1 0 0 2 47* PERiMITS ISSUED/FEES COLLECTED SEPTEMBER 1998 ***** PERMIT ISSUED REPORT CITY OF ORONO * t * COUNCIL M££T1NQ -- CURRENT RANGE - 09/01/98 - 09/30/90 REQUESTER; -- previOi(^Tr^& 1998-. . 09/01/97 - 09/30/97 PAGE: BASE FEE 394.75 9,090.00 729.75 50.00 0.00 0.00 312.00 10,576.50* VALUATION 30,000.00 749,155.00 38.950.00 0.00 0.00 0.00 17.920.00 036,025.00* PLAN REVIEW 256.59 3,972.82 389.36 0.00 0.00 0.00 202.80 4,821.57* QTY 7 41 4 5 1 2 2 62* BASE FEE 15,705.75 9,416.25 260.25 310.00 262.25 60.00 374.50 26,309.00* 2,598,224.57 771,055.32 9,186.00 0.00 17,400.00 0.00 22,626.80 3,418,492.69* PLAN REVIEW 10,208.72 4,284.48 169.17 0.00 0.00 0.00 243.42 14,905.79* 2 166.25 11,900.00 0.00 6 1,563.46 122,626.50 0.00 0 0.00 0.00 0.00 1 36.63 2,930.00 0.00 8 300.00 13,320.00 0.00 4 140.00 6,300.00 0.00 2 70.00 1,925.00 0.00 1 35.00 1,200.00 0.00 0 0.00 0.00 0.00 1 125.00 10,000.00 0.00 1 35.00 525.00 0.00 0 0.00 0.00 0.00 2 70.00 2,500.00 0.00 4 140.00 4,950.00 0.00 0 0.00 0.00 0.00 1 35.00 900.00 0.00 15*641.25*30,170.00*0.00*10*2,075.09*148,906.50*0.00* 10 1,530.75 113,200.00 0.00 11 646.25 37,650.00 0.00 0 0.00 0.00 0.00 1 247.00 0.00 0.00 1 35.00 150.00 0.00 2 70.00 600.00 0.00 11*1,573.75*113,350.00*0.00*14*963.25*38,250.00*0.00* 4 140.00 0.00 0.00 3 105.00 0.00 0.00 0 0.00 0.00 0.00 1 35.00 0.00 0.00 9 900.00 0.00 0.00 9 900.00 0.00 0.00 6 7,000.00 0.00 0.00 1 950.00 0.00 0.00 1 35.00 0.00 0.00 0 0.00 0.00 0.00 20*8,075.00*0.00*0.00*14*1,990.00*0.00*0.00* 1 74.75 2,500.00 0.00 0 0.00 0.00 0.00 1*74.75*2,500.00*0.00*0*0.00*0.00*0.00* 3 150.00 0.00 0.00 1 0.00 0.00 0.00 7 245.00 0.00 0.00 5 175.00 0.00 0.00 10*395.00*0.00*0.00*6*175.00*0.00*0.00* L04**21,336.25**902,045.00**4,821.57**114**31,592.34**3,605,649.19**14,905.79* PERMITS ISSUED/FEES COLLECTED SEPTEMBER 1998 REPORT NBR. BFBBRPTl-1 DATE OF RUN 09/30/98 CITY OF FROM 09/01/98 REPORT ORONO TO 09/30/90 PAGE: REQUESTER: BUILDING MECHANICAL PLUMBING SEWER & WATER USER SIGN FIRE DASB PBB 10,576.50 641.25 1,573.75 0,075.00 395.00 74.75 0.00 PLAN REVIEW 4,021.57 0.00 0.00 0.00 0.00 0.00 0.00 SURCHARGE 410.90 15.01 57.00 7.00 3.50 0.00 0.00 Lie. SEARCH PBB 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 INVESTIGATION 424.25 0.00 0.00 0.00 35.00 0.00 0.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NAIL IN 10.40 4.50 1.50 1.50 ESCROW 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PERMIT TOTAL 16,241.22 667.46 1,636.05 0,003.50 435.00 74.75 0.00 REPORT NBR. BFBBRPTl-1 DATE OP RUN 09/30/98 REPORT TOTAL BASE FEE 21,336.25 PLAN REVIEW 4,021.57 SURCHARGE 503.01 Lie. SEARCH FEB 0.00 SAC 0.00 INVESTIGATION 459.25 DEPOSIT 0.00 MAIL IN 17.90 ESCROW 0.00 PERMIT TOTAL w . 27,137.90 *****PERMIT FEE REPORT ***** CITY OF ORONO FROM 09/01/98 TO 09/30/98 PAGE: REQUESTER: •4 HBD, SEP 30, 1998, 4:39 PM PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1998 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY PAGE 1 OWNER LAST NM VALUATION 47C MB 01 02 02 02 04 04 04 05 06 06 06 06 08 09 10 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 15 15 15 16 21 21 24 29 29 29 29 29 29 29 29 33 47C 310 3211 710 22 4104 1385 3438 3135 2103 2285 1365 2695 1140 2095 3560 5 2205 3570 2445 601 1180 3560 4745 3040 4510 3445 3460 565 3180 860 3410 2195 2080 755 3400 665 4265 1300 121 1115 3683 1337 3230 1420 1370 2565 2605 BIG ISLAND BAYSIDE RD NORTH ARM DR HACKBERRY HILL HIGHWOOD RD REST PT RD LIVINGSTON AVE JAMESTOWN RD SUGARWOOD DR BLAINE AVE PARK DR KELLY AVE WILLOW DR S SALEM CT IVY PL BROWN RD S ABINGDON WAY NORTH SHORE DR DUNWOODY AVE MINNETONKA HGLD NORTH ARM DR IVY PL NORTH SHORE DR CASCO POINT RD NORTH SHORE DR LIVINGSTON AVE BIRCH LA OLD CRYSTAL BAY RIDGEWOOD CIR FOREST ARMS LA NORTH SHORE OR BAYVIBW PL SALEM CT FBRNDALB RD N FOX ST ORCHARD PK RD FOREST LAKE DR VINE PL CHEVY CHASE DR WILLOW DR S NORTH SHORE DR REST PT CIR BOHNS PT RD BOHNS PT RD NORTH ARM DR NORTH SHORE DR NORTH SHORE DR 98/09/03 98/09/17 98/09/11 98/09/11 98/09/04 98/09/10 98/09/15 98/09/29 98/09/01 98/09/09 98/09/03 98/09/14 98/09/03 98/09/25 98/09/24 98/09/01 98/09/01 98/09/03 98/09/03 LA 98/09/03 98/09/08 98/09/09 98/09/09 98/09/09 98/09/11 98/09/17 98/09/17 RD S 98/09/17 98/09/25 98/09/25 98/09/29 98/09/01 98/09/18 98/09/25 98/09/15 98/09/03 98/09/28 98/09/29 98/09/11 98/09/09 98/09/28 98/09/11 98/09/15 98/09/18 98/09/16 98/09/24 98/09/01 OR-010688 OR-010726 OR-010730 OR-010748 OR-010721 OR-010745 OR-010752 OR-010805 OR-010655 OR-010710 OR-010712 OR-010750 OR-010711 OR-010778 OR-010786 OR-010705 OR-010707 OR-010713 OR-010715 OR-010716 OR-010729 OR-010737 OR-010738 OR-010739 OR-010746 OR-010770 OR-010771 OR-010772 OR-010788 OR-010795 OR-010810 OR-010685 OR-010776 OR-010796 OR-010761 OR-010718 OR-010801 OR-010808 OR-010724 OR-010728 OR-010731 OR-010749 OR-010760 OR-010763 OR-010764 OR-010785 OR-010704 01 1230 DICKENSON ST 01 940 BROWN RD S 01 2520 CASCO POINT RD 01 2114 SUGARWOOD DR 01 1540 BOHNS PT RD 98/09/15 OR-010756 98/09/15 OR-010757 98/09/28 OR-010797 98/09/30 OR-010816 98/09/30 OR-010818 14738068 19357789 00000000 00000000 00000000 00000000 00000000 19240043 18925105 00000000 00000000 14 74 6 00000000 19332255 14710532 16824233 14726539 14733397 14721321 15410304 15333540 14710532 00000000 00000000 17070100 00000000 17537451 00000000 19333536 14721321 15410304 00000000 00000000 00000000 13710231 14776460 14042984 15618495 18847648 00000000 15120110 00000000 14725715 00000000 14746976 00000000 00000000 14445353 3C332561 36332561 34578781 35453797 WARD KRUEGER CONST INC KENNETH DURR ASSOC CHOICE WOOD COMPANY MILLER JOSEPH SJ FISHER CONSTRUCTION CUSTOM POOLS INC DANBERRY COMPANY B & B SHEETMETAL & ROOFING SMITH WF ROOFING PLYMOUTH ROOFING HINCK MIKE WESTURN CEDAR SUPPLY JOHNNY ON THE SPOT DANBERRY COMPANY AAAMERICA'S BEST INC AMERICAN ROOFING COTY CONSTRUCTION HINCK MIKE WESTURN CEDAR SUPPLY EMERALD BUILDERS T POOL CONST METRO HANDYMAN CITY SKYLINE CONSTRUCTION COMMERCIAL k RESIDENTIAL ROELOFS REMODELING k RENOV THE CARPENTERS CONST CO SJ FISHER CONSTRUCTION YERIGAN CONSTRUCTION CO FIRESIDE CORNER FIRESIDE CORNER A BINDER k SON FIREPLACE CENTER YAEGER 30,000.00 LUNDELL 45,000.00 OTTESON 150,000.00 ERNHART 36,500.00 SAUER 15,000.00 RAHN 12,640.00 MCX)RE .5,280.00 LURTON 23,000.00 HOGAN 13,000.00 SWENSEN 1,100.00 YOUNG 2,000.00 PARREL 15,400.00 LIESCH 3,000.00 LARKIN 15,000.00 CHRISTENSEN 6,000.00 ENRIGHT 13,970.00 BRUCE 6,850.00 LAMONT 4,330.00 NELSON 3,000.00 CURTIS 3,880.00 ERICKSON 5,800.00 CHRISTENSEN 4,000.00 CRAWFORD 10,000.00 MOGAN 5,500.00 SAWICKl 14,275.00 TILLOTSON 4,500.00 INGVALSON 7,320.00 FARMER 2,800.00 GROSS 6,748.00 SNOW 4,000.00 REGAN 3,582.00 MEYER 1,000.00 PANZER 1,000.00 MITHUN 2,300.00 OLSON .00 PIDGEON 8,000.00 KALWEIT 22,500.00 BRESNAHAN 36,000.00 OBERHAUSER 45,000.00 GABRIELSON 650.00 RESSLER 98,000.00 ZAUN 600.00 DALVEY 9,000.00 WAGENER 40,000.00 BANICK 57,500.00 MARTINEAU 40,000.00 JEROME 1.000.00 HAMM 500.00 1,100.00 ROCCA 2,000.00 10,500.00 2,000.00 WED, SEP 30, 1998, 4:39 PM PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1998 PAGE 2 PERMIT WORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION MB 02 140 HACKBBRRY HILL 98/09/01 OR-010703 34282826 PRACTICAL SYSTEMS GLEASON 525.00 19 845 OLD LONG LAKE RD 98/09/24 OR-010787 37179241 TSCHIDA EXCAVATING WATSON 2,000.00 20 2240 NORTH SHORE DR 98/09/01 OR-010698 00000000 720.00 24 2750 CASCO POINT RD 98/09/25 OR-010793 34248333 ROYALTON HTG k COOLING CHRISTENSEN 1,400.00 29 1645 BOHNS PT RD 98/09/01 OR-010708 36332561 FIRESIDE CORNER 1,100.00 29 2090 WEBBER HIL"' RD 98/09/03 OR-010714 36332561 FIRESIDE CORNER KRUEGER 4,400.00 29 520 HANLON AVE 98/09/25 OR-010790 354B3797 FIREPLACE CENTER KRUEGER 1,000.00 29 121 CHEVY CHASE DR 98/09/25 OR-010791 34347747 AIR MECHANICAL, INC.GUSTAFSON 1,125.00 29 2629 CASCO POINT RD 98/09/25 OR-010792 35453797 FIREPLACE CENTER PETERSON 1,000.00 29 450 OLD LONG LAKE RD 98/09/30 OR-010817 39414211 KLEVE HTG fit AC DURR 800.00 15C 15C PL 01 1645 BOHNS PT RD 98/09/01 OR-010706 24549297 JANECKY PLBG HALLORAN 3,000.00 01 1120 cox FARM RD 98/09/08 OR-010734 24248455 MACK PLUMBING HILLIER 9,500.00 01 2900 WEAR CIR 98/09/15 OR-010754 24340445 CLEARWATER SYSTEMS ALDRICH 1,500.00 01 1040 TONKAWA RD 98/09/18 OR-010775 29337717 THOMPSON PLBG 79,000.00 02 2829 CASCO POINT RD 98/09/04 OR-010723 24725306 SUPERIOR PLUMBING PETERSON 1,000.00 02 300 6TH AVE N 98/09/08 OR-010733 25510555 MR ROOTER DAYTON 1,000.00 03 1495 GREEN TREES RD 98/09/25 OR-010782 24701208 STEINKRAUS PLJG INC BRASS 8,900.00 24 121 CHEVY CHASE DR 98/09/23 OR-010781 23313711 AAA ABBOTT PLBG fit HTG OBERHAUSER 8,700.00 24 2670 PHEASANT RD 98/09/25 OR-010789 28274033 NORBLOM PLUMBING CO ELLINGBO 400.00 29 500 HUNTER PASS 98/09/04 OR-010719 29335636 DUDA, LEON PLUMBING SERV.BRWON 150.00 29 4520 WEST BRANCH RD 98/09/04 OR-010722 00000000 EASTMAN 200.00 lie lie SI 13 3850 SHORELINE DR 98/09/17 OR-010762 14886711 LAWRENCE SIGNS INC CHENOWETH 2,500.00 1C 1C SW 01 4099 HIGHWOOD RD 98/09/02 OR-010709 24722316 COPPIN PLBG SERAN .00 01 1610 LAKEVIEW TER 98/09/08 OR-010735 00000000 DOLLAR .00 01 4705 WATERTOWN RD 98/09/09 OR-010736 54791762 HAYES EXCAVATING STALOCH .00 01 1120 COX FARM RD 98/09/10 OR-010743 56572548 MARTY EXCAVATING HILLIER . 00 01 505 ORCHARD PK RD 98/09/10 OR-010744 54718151 PETERSON ELMER J CO SHOLL .00 01 879 BROWN RD N 98/09/14 OR-010751 00000000 JOHNSON .00 01 35 CRYSTAL CREEK RD 98/09/15 OR-010753 54287393 PATNODE BROTHERS RICHARD . 00 01 310 BIG ISLAND 98/09/16 OR-010765 54724966 WESTONKA SEWER fit WATER INC YAEGER .00 01 3180 RIDGEWOOD CIR 98/09/16 OR-010767 00000000 GROSS . 00 01 3180 RIDGEWOOD CIR 98/09/16 OR-010768 54775649 RITTER EXCAVATING GROSS . 00 01 1810 LAKEVIEW TER 98/09/16 OR-010769 54775649 RITTER EXCAVATING DOLLAR .00 01 305 WILLOW DR S 98/09/17 OR-010773 54791869 INGELSIDE ENGINEERING CARPENTIER .00 01 3200 BAYSIDE RD 98/09/18 OR-010774 00000000 MINKEMA . 00 01 30 ORONO ORCHARD RD N 98/09/23 OR-010777 54718151 PETERSON ELMER J CO MURPHY .00 01 4460 WATERTOWN RD 98/09/23 OR-010783 54791762 HAYES EXCAVATING SWEEZO . 00 01 525 HUNTER PASS 98/09/23 OR-010784 54791762 HAYES EXCAVATING .00 01 3568 BAYSIDE RD 98/09/28 OR-010800 00000000 BARTLETT . 00 01 3200 BAYSIDE RD 98/09/28 OR-010803 25510555 MR ROOTER MINKEMA .00 01 879 BROWN RD N 98/09/29 OR-010809 24722316 COPPIN PLBG JOHNSON • 00 1 _ _ 99 2345 BLAINE AVE 98/09/28 OR-010806 00000000 .00 20C 20C UD 01 500 HUNTER PASS 98/09/03 OR-010732 89411138 AQUA ENGINEERING, INC.BROWN .00 01 2525 KELLY AVE 98/09/10 OR-010740 84721306 ENVIRONMENTAL LANDFORMS HEIMBACH .00 01 3211 BAYSIDE RD 98/09/15 OR-010755 89729700 IRRIGATION MANAGEMENT LUNDELL .00 01 4055 ELM ST 98/09/15 OR-010758 00000000 FULLER-FEYO .00 ^i WED, SEP 30, 1998, 4:39 PM PERMITS ISSUED FOR THE MONTH OF SEPTEMBER 1998 PERMIT MORK ADDR NBR STREET ISSUED PERMIT NBR ID NUMBER COMPANY PAGE 3 OWNER LAST NM VALUATION UD 01 2142 SHADYWOOD RD 98/09/15 OR-010759 84461778 01 2995 DBBR RUN TR 98/09/28 OR-010802 84461778 01 2425 THOROUGHBRBD LA 98/09/30 OR-01081J.64792585 01 4725 BAYSIDB RD 98/09/29 OR-010812 83633684 22 4725 BAYSIDB RD 98/09/04 OR-010720 00000000 IOC 104C 22 IOC 1180 .PHILLIPS DR 98/09/10 OR-010741 00000000 TEMACA TEMACA GENERAL SERVICE CUSTOM TURF MERLO CALLAN DEJUTE MORGAN MORGAN FOSTER .00 .00 .00 .00 .00 .00 902,045.00* u MBD, SEP 30, 1998, 4:38 PM NUMERICAL LISTING SEPTEMBER 1998 PAGE 1 PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION HOGAN 13,000.00 MEYER 1,000.00 YAEGER 30,000.00 720.00 GLEASON 525.00 JEROME 1,000.00 ENRIGHT 13,970.00 HALLORAN 3,000.00 BRUCE 6.850.00 1.100.00 SERAN .00 SWENSEN 1,100.00 LIESCH 3,000.00 YOUNG 2,000.00 LAMONT 4,330.00 KRUEGER 4,400.00 NELSON 3,000.00 CURTIS 3,880.00 PIDGEON 8,000.00 BRWON 150.00 MORGAN .00 SAUER 15,000.00 EASTMAN 200.00 PETERSON 1,000.00 OBERHAUSER 45,000.00 LUNDELL 45,000.00 GABRIELSON 650.00 ERICKSON 5,800.00 OTTESON 150,000.00 RESSLER 98,000.00 BROWN .00 DAYTON 1,000.00 HILLIER 9,500.00 DOLLAR .00 STALOCH .00 CHRISTENSEN 4,000.00 CRAWFORD 10,000.00 MOGAN 5,50C.OO HEIMBACH .00 FOSTER .00 HILLIER .00 SHOLL .00 RAHN 12,640.00 SAWICKI 14,275.00 ERNHART 36,500.00 ZAUN 600.00 FARREL 15,400.00 JOHNSON .00 MOORE 5,280.00 RICHARD .00 ALDRICH 1,500.00 LUNDELL .00 HAMM 500.00 1,100.00 OR-01065S OR-01068S OR-010668 OR-010698 OR-010703 OR-010704 OR-010705 OR-010706 OR-010707 OR-010708 OR-010709 OR-010710 OR-010711 OR-010712 OR-010713 OR-010714 OR-010715 OR-010716 OR-010718 OR-010719 OR-010720 OR-010721 OR-010722 OR-010723 OR-010724 OR-010726 OR-010728 OR-010729 OR-010730 OR-010731 OR-010732 OR-010733 OR-010734 OR-010735 OR-010736 OR-010737 OR-010738 OR-010739 OR-010740 OR-010741 OR-010743 OR-010744 OR-010745 OR-010746 OR-010748 OR-010749 OR-010750 OR-010751 OR-010752 OR-010753 OR-010754 OR-010755 OR-010756 OR-010757 98/09/01 98/09/01 98/09/03 98/09/01 98/09/01 98/09/01 98/09/01 98/09/01 98/09/01 98/09/01 98/09/02 98/09/09 98/09/03 98/09/03 98/09/03 98/09/03 98/09/03 98/09/03 98/09/03 98/09/04 98/09/04 98/09/04 98/09/04 98/09/04 98/09/11 98/09/17 98/09/09 98/09/08 98/09/11 98/09/28 98/09/03 98/09/08 98/09/08 98/09/08 98/09/09 98/09/09 98/09/09 98/09/09 98/09/10 98/09/10 98/09/10 98/09/10 98/09/10 98/09/11 98/09/11 98/09/11 98/09/14 98/09/14 98/09/15 98/09/15 98/09/15 98/09/15 98/09/15 98/09/15 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 2103 2195 310 2240 14 0 2605 5 1645 2205 1645 4099 2285 1140 1365 3570 2090 2445 601 665 500 4725 4104 4520 2829 121 3211 1115 1180 710 3683 500 300 1120 1810 4705 3560 4745 3040 2525 1180 1120 505 1385 4510 22 1337 2695 879 3438 35 2900 3211 1230 940 RD RD DR SUGARWOOD DR BAYVIEW PL BIG ISLAND NORTH SHORE DR HACKBERRY HILL NORTH SHORE DR BROWN RD S BOHNS PT RD ABINGDON WAY BOHNS PT RD HIGHWOOD RD BLAINE AVE WILLOW DR S PARK DR NORTH SHORE DR WEBBER HILLS RD DUNWOODY AVE MINNETONKA HGLD ORCHARD PK RD HUNTER PASS BAYSIDE RD HIGHWOOD RD WEST BRANCH CASCO POINT CHEVY CHASE BAYSIDE RD WILLOW DR S NORTH ARM DR NORTH ARM DR NORTH SHORE DR HUNTER PASS 6TH AVE N COX FARM RD LAKEVIEW TER WATERTOWN RD IVY PL NORTH SHORE DR CASCO POINT RD KELLY AVE PHILLIPS DR COX FARM RD ORCHARD PK RD REST PT RD NORTH SHORE DR HACKBERRY HILL REST PT CIR KELLY AVE BROWN RD N LIVINGSTON AVE CRYSTAL CREEK RD WEAR CIR BAYSIDE RD DICKENSON ST BROWN RD S 06 15 01 20 02 33 11 01 11 29 01 06 08 06 11 29 11 11 21 29 22 04 29 02 29 02 29 11 02 29 01 02 01 01 01 11 11 11 01 22 01 01 04 11 02 29 06 01 04 01 01 01 01 01 18925105 00000000 14738068 OCOOOOOO 34282826 00000000 16824233 24549297 14726539 36332561 24722316 00000000 00000000 00000000 14733397 36332561 14721321 15410304 14776460 29335636 00000000 00000000 00000000 24725306 18847648 19357789 00000000 15333540 00000000 15120110 89411138 25510555 24248455 00000000 54791762 14710532 00000000 00000000 84721306 00000000 56572548 54718151 00000000 17070100 00000000 00000000 14746976 00000000 00000000 54287393 24340445 89729700 14445353 36332561 MILLER JOSEPH WARD KRUEGER CONST INC PRACTICAL SYSTEMS B fit B SHEETMETAL fit JANECKY PLBG SMITH WF ROOFING FIRESIDE CORNER COPPIN PLBG ROOFING PLYMOUTH ROOFING FIRESIDE CORNER HINCK MIKE WESTURN CEDAR SUPPLY T POOL CONST DUDA, LEON PLUMBING SERV. SUPERIOR PLUMBING COMMERCIAL fit RESIDENTIAL KENNETH DURR ASSOC JOHNNY ON THE SPOT ROELOFS REMODELING fit RENOV AQUA ENGINEERING, INC. MR ROOTER MACK PLUMBING HAYES EXCAVATING DANBERRY COMPANY ENVIRONMENTAL LANDFORMS MARTY EXCAVATING PETERSON ELMER J CO AAAMERICA'S BEST INC SJ FISHER CONSTRUCTION PATNODS BROTHERS CLEARWATER SYSTEMS IRRIGATION MANAGEMENT YERIGAN CONSTRUCTION CO FIRESIDE CORNER HBO, SBP 30/ 1998, 4:38 PM NUMBRICAL LISTING SEPTEMBER 1998 PAGE 2 -A OR-010758 OR-010759 OR-010760 OR-010761 OR-010782 OR-010763 OR-010764 OR-010765 OR-010767 OR-010768 OR-010769 OR-010770 OR-010771 OR-010772 <»-010773 OR-010774 OR-010775 OR-010776 OR-010777 OR-010778 OR-010781 OR-010782 OR-010783 OR-010784 OR-010785 OR-010786 OR-010787 OR-010788 OR-010789 OR-010790 OR-010791 OR-010792 OR-010793 OR-010795 OR-010796 OR-010797 OR-010800 OR-010801 OR-010802 OR-010803 OR-010805 OR-01Q806 OR-010008 OR-010809 OR-010810 OR-010011 OR-010812 OR-01081C OR-010817 OR-010818 104C 98/09/15 98/09/15 98/09/15 98/09/15 98/09/17 98/09/18 98/09/16 98/09/16 98/09/16 98/09/16 98/09/16 98/09/17 98/09/17 98/09/17 98/09/17 98/09/18 98/09/18 98/09/18 98/09/23 98/09/25 98/09/23 98/09/25 98/09/23 98/09/23 98/09/24 98/09/24 98/09/24 98/09/25 98/09/25 98/09/25 98/09/25 98/09/25 98/09/25 98/09/25 98/09/25 98/09/28 98/09/28 98/09/28 98/09/28 98/09/28 98/09/29 98/09/28 98/09/29 98/09/29 98/09/29 98/09/30 98/09/29 98/09/30 98/09/30 98/09/30 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 4055 2142 3230 3400 3850 1420 1370 310 3180 3180 1810 3445 3460 565 305 3200 1040 2080 30 2095 121 1495 4480 525 2565 3560 645 3180 2670 520 121 2829 2750 860 755 2520 3568 4265 2995 3200 3135 2345 1300 879 3410 24:i!5 21i'l 450 1540 ELM ST SHADYWCX)D RD BOHNS PT RD FOX ST SHORELINE DR BOHNS PT RD NORTH ARM DR BIG ISLAND RIDGEWOOD CIR RIDGEWOOD CIR LAKEVIEW TER LIVINGSTON AVE BIRCH LA OLD CRYSTAL BAY RD WILLOW DR S BAYSIDB RD TONKAWA RD SALEM CT ORONO ORCHARD RD N SALEM CT CHEVY CHASE DR GREEN TREES RD WATERTOWN RD HUNTER PASS NORTH SHORE DR IVY PL OLD LONG LAKE RD RIDGEWOOD CIR PHEASANT RD HANLON AVE CHEVY CHASE CASCO POINT CASCO POINT FOREST ARMS FERNDALB RD CASCO POINT BAYSIDE RD FOREST LAKE DR DEER RUN TR BAYSIDE RD JAMESTOWN RD BLAINE AVE VINE PL BROWN RD N NORTH SHORE DR THOROUGHBRED LA PAYS IDE PD SUGARWOC DR OLD LONG LAKE RD BOHNS PT RD DR RD RD LA N RD WORK ID NUMBER COMPANY OWNER LAST NM VALUATION 01 00000000 FULLER-FEYO .00 01 84461778 TEMACA MERLO . 00 29 14725715 THE CARPENTERS CONST CO DALVEY 9,000.00 16 13710231 EMERALD BUILDERS OLSON . 00 13 14886711 LAWRENCE SIGNS INC CHENOWETH 2,500.00 29 00000000 WAGENER 40,000.00 29 14746976 SJ FISHER CONSTRUCTION BANICK 57,500.00 01 54724966 WESTONKA SEWER U WATER INC YAEGER •.00 01 00000000 GROSS . 00 01 54775649 RITTER EXCAVATING GROSS . 00 01 54775649 RITTER EXCAVATING DOLLAR . 00 11 00000000 TILLOTSON 4,500.00 11 17537451 AMERICAN ROOFING INGVALSON 7,320.00 11 00000000 FARMER 2,800.00 01 54791869 INGELSIDE ENGINEERING CARPENTTER . 00 01 00000000 MINKEMA . 00 01 29337717 THOMPSON PLBG 79,000.00 15 00000000 PANZER 1,000.00 01 54718151 PETERSON ELMER J CO MURPHY . 00 09 19332255 CUSTOM POOLS INC LARKIN 15,000.00 24 23313711 AAA ABBOTT PLBG & HTG OBERHAUSER 8,700.00 03 24701208 STEINKRAUS PLBG INC BRASS 8,900.00 01 54791762 HAYES EXCAVATING SWEEZO . 00 01 54791762 HAYES EXCAVATING .00 29 00000000 MARTINEAU 40,000.00 10 14710532 DANBERRY COMPANY CHRISTENSEN 6,000.00 19 37179241 TSCHIDA EXCAVATING WATSON 2,000.00 11 19333536 COTY CONSTRUCTION GROSS 6,748.00 24 28274033 NORBLOM PLUMBING CO ELLINGBO 400.00 29 35453797 FIREPLACE CENTER KRUEGER 1,000.00 29 34347747 AIR MECHANICAL, INC.GUSTAFSON 1,125.00 29 35453797 FIREPLACE CENTER PETERSON 1,000.00 24 34248333 ROYALTON HTG k COOLING CHRISTENSEN 1,400.00 11 14721321 HINCK MIKE SNOW 4,000.00 15 00000000 MITHUN 2,300.00 01 36332561 FIRESIDE CORNER ROCCA 2,000.00 01 00000000 BARTLETT . 00 21 14042984 METRO HANDYMAN KALWEIT 22,500.00 01 84461778 TEMACA CALLAN . 00 01 25510555 MR ROOTER MINKEMA . 00 05 19240043 CHOICE WOOD COMPANY LURTON 23,000.00 99 00000000 . 00 24 15618495 CITY SKYLINE CONSTRUCTION BRESNAHAN 36,000.00 01 24722316 COPPIN PLBG JOHNSON .00 11 15410304 WESTURN CEDAR SUPPLY REGAN 3.582.00 01 84792585 GENERAL SERVICE DEJUTE . 00 01 83633684 CUSTOM TURF MORGAN . 00 01 34578781 A BINDER & SON 10.500.00 29 39414211 KLEVE HTG k AC DURR 800.00 01 35453797 FIREPLACE CENTER 2,000.00 ir 01 Residence 02 Addition 03 Garage/Attached 04 Garage/Detached .. 05 Porch 06 Deck 07 Fence 08 Gazebo 09 Pool 10 Re-side 11 Re-roof 12 Tennis Court 13 'Sign 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Storm Damage Repair 22 1-100 Cubic Yards 23 101 Cubic Yards or More 99 Undefined LOCAL USB CODES 9999 Undefined 24 25 26 27 28 29 30 31 32 33 34 Replacing Existing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal REPORT NBR. BPBBRPT2-1 DATE OP RUN 09/30/98 SEPTEMBER 1998 report NBR. DATE OP RUN BPRMTISS-1 09/30/98 r»f IDDtPKl'T ***** PERMIT ISSUED REPORT CITY OF ORONO ***** __ _ _ _ _ _ _PRPVTOTI<; REQUESTER: RANHP_ _ _ _ _ PAGE: 1 PERMIT TYPE QTY 09/01/98 - BASE PEE ivruvvRCi- - - - - - 09/30/98 VALUATION PLAN REVIEW QTY 09/01/97 - BASE FEE |V/\iVVJCi — — — — — — — — — — — — 09/30/97 VALUATION PLAN REVIEW User Defined SUBDIVISION 3 700.00 0.00 0.00 2 5,547.50 0.00 0.00 VARIANCE 9 2,050.00 0.00 0.00 7 1,390.00 0.00 0.00 CUP 1 250.00 0.00 0.00 2 300.00 0.00 0.00 SKETCH PLAN 1 400.00 0.00 0.00 1 250.00 0.00 0.00 Sub-total 14*3,400.00*0.00*0.00*12*7,487.50*0.00*0.00* Grand-total 14**3,400.00**0.00**0.00**12**7,487.50**0.00** 0.00** *****PERMIT FEB REPORT CITY OP ORONO FROM 09/01/98 TO 09/30/98 *****PAGBt REQUESTER: USER REPORT TOTAL BASE PEE 3,400.00 3,400.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH PEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 3,400.00 3,400.00 i CITY of ORONO Municipal Offices Street Address: 2750 Kelley Partway Orono, MN 55356 Mailing Address: P.O. Box 66 Ciystal Bay, MN 55323-0066 COUNCIL M££T1 October 16,1998 OCT 2 6 1998 George & Katherine Kal weit OF ORONO 4265 Forest Lake Drive Mound MN 55364 Dear Mr. & Mrs. Kalweit; This letter is in response to your letter, to Mayor Jabbour, regarding drainage problems on your property. We have researched the files at City Hall, and there is much previous correspondence regarding these issues. This area was originally subdivided in 1958. A reasonable assiomption is that the streets and storm sewer were constructed, at that time, before the first houses were built. According to the County tax records the present house on your property was constructed in 1970, and you purchased the property in 1992, thirty-four years after the pipe was installed. Regarding the existing storm sewer pipe and no easements for this pipe, this is typical for improvements that were constructed then. Standards and requirements for subdivisions and construction projects were less stringent then. This pipe has been in use k *brty years, is necessary for drainage of the subdivision, and is allowed to remain based on the long history of continuous use. The storm drainage is located in the lowest portion of the area that has historically been a drainage path for waici iti o forest Lake. Rerouting or removal of this pipe is not possible. According to your letter, a large cottonwood tree blew down during the May 15th severe windstorm. Hundreds of trees in the City were blown down during this severe windstorm, so this tree blowing down was not a unique occurrence. The tree was located in a low area next to the lake. Soft ground and ponded water would be expected to be found in this area. The drainage area for the storm water pipe is about ten acres and basically includes the Forest Arms Country Club Subdivision. The storm water from the subdivision properties is affecting the lakeshore and joint dock area. Because the problem is being caused by drainage from the subdivision, and correction of problem would benefit the subdivision property owners, the costs of any project to solve the drainage problems should be assessed to the properties in the drainage area. Tdephone (612) 473-7357 • FAX 4734)510 A preliminaiy review suggests that the most feasible solution would be to construct a sedimentation pond on the area of the joint dock lot next to the existing storm drainage pipe. This should reduce the amount of sediment reaching the lake. Correction of the existing sedimentation problem will require dredging of the lake to remove the sediment deposits. The feasibility of dredging the lake from both a cost and regulatory perspective, needs to be investigated further. D066 The next step in this process would be for the subdivision residents to submit a written petition to the City requesting that the we proceed with implementing an assessment project. Upon receipt of a petition, the City Council then orders the preparation of a feasibility study to determine the feasibility of and estimated costs for a project. After completion of the feasibility study, a public hearing is held by the City Council. If sufficient interest in the project is expressed at the public hearing, the Council will then order preparation of plans and specifications and bidding of the project After bids are received the Council will hold an assessment hearing before awarding of the construction contract. Thank you for your assistance in this matter. Please contact me should you have any questions or comments regarding this project. Sincerely; w Gregory A. Gappa Director of Public Services Copy: Ron Moorse, City Administrator Mayor Jabbour and City Council AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 26,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA !. Approve/Amend APPROVAL OF MINUTES * 2. Regular Meeting of October 12,1998 PARK COMMISSION COMMENTS - Susan Wilson, Representative LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative PLANNING COMMISSION COMMENTS - Liz Ha\\Ti, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 4. 5. 6. 7. 8. 9. ZONING ADMINISTRATOR’S REPORT 3. #2411 Paul Hanssen, 3195 Casco Circle - Variance/Conditional Use Permit #2413 Paul and Megan Bennett, 500 Hanlon Avenue - Variances - Resolution #2418 Robert Lund on behalf of Graydon and Michelle Newman, 1655 Bohn's Point Road Variance - Resolution #242 1 Joann Jundt, 1400 Bracketts Point Road - Variance Renewal - Resolution #2422 Richard Gay, 2735 Shadywood Road - Variance #2423 Gara Gehring and Tom Terry, 340 Leaf Street - Variance - Resolution #2425 Rebers Construction, 2190 West Wayzata Boulevard - Preliminary Subdivision Approval Renewal - Resolution 10. #2427 Kenton and Diane Carlson, 3498 North Shore Drive - Variance - Resolution 11. #2429 Jeffrey Brauchle and Elisa Schoonover, 650 North Arm Drive - Variances - Resolution 12. #2430 Paul Phillips, 2140 Sixth Avenue North-Sketch Plan Review 13. #2431 Roger Olsen, 815 Partenwood Road - Variance Renewal - Resolution 14. #2432 Greenfield Corporation, 4755/4775 Bayside Road - Easement/Subdivision 15. #2433 Dorie Finn, 1640 Shadywood Road-Variance-Resolution 16. #2434 Carol Olson, Kid's Art School, 2180 North Shore Drive - CUP Amendment - Resolution 17. Request for Assessment Refund - Joe Fiedler, 365-373 Westlake Street 18. Request to Amend Easement Descriptions - Lot 5, Little Orchard 19. Tonkawa Shores Neighborhood Road Access 8:00 p.nt. 20. Ann Thies, Lake Minnetonka Cable Commission -1999 Proposed Budget MAYOR/COUNCIL REPORT ItaOid